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Home My WebLink About10-01-01 CITY OF HASTINGS COUNCIL MEETING 7:00 P.M. DATE: Monday October 1, 2001 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of September 17, 2001 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a 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. Utility Department Budget Transfer 3. Accept Quote-Lock and Dam NO.2 Dike Trail Overlay and Repair 4. Resolution-Declaring Assessment Amount for 2000 Improvement Program and Ordering Preparation of Assessment Roll 5. Resolution-Setting Population Ranges for Redistricting of Election Wards 6. Order Public Hearing-Street Easement Vacation 4th Street West and Featherstone Road Street Easements (High School) 7. Crop Damages, Project 2001-9 VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award Contract-Hydropower Plant Stop Logs 2. Award Contract-Hydropower Plant Generator Rehabilitation 3. Public Hearing-Cable Television Franchise Ordinance VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Accept Engineering Proposal from SEH for MnDOT Cooperative Agreement Projects at 10th & Vermillion Streets and at Cannon Street and Highway 61 2. Authorizing Right-of-Way Acquisition, Cannon Street and Highway 61 3. Summit Heights Development Request for Surmountable Curb B. City Planner 1. First Reading/Order Public Hearing-Rezoning Featherstone Road (A- Agriculture to R-3) . 2. Final Plat-Summit Heights 3. Site Plan Review-Centex Homes (Century South) 4. Century South Development Agreement 5. Home Occupation Permit Fee Reduction Request-1101 Hillside St. 6. Industrial Park Land Sale-APL Fabricators 7. Site Plan-Nova Frost (Commerce Ct.) C. Administrator 1. Final Reading-Cable Television Franchise Ordinance 2. Closed Door Session-Firefighters Union Contract Negotations IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS,COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, October 15,2001 Hastings, Minnesota September 17, 2001 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, September 17, 2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmembers Hazlet, Hicks, Schultz, Moratzka, Riveness & Yandrasits Mayor Werner Members Absent: None Staff Members Present: David Osberg, City Administrator Shawn Moynihan, City Attorney; Matt Weiland, Planning Director; Tom Montgomery, Public Works Director; Lori Webster, Finance Director; and Melanie Mesko, Administrative Assistant/City Clerk Moment of Silence & Pledge of Allegiance Mayor Werner led a moment of silence and the Pledge of Allegiance in recognition of the terrorist attack on September 11, 2001. Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of September 17, 2001. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Yandrasits, to approve the Consent Agenda as presented. 7 Ayes; Nays, None. Copy of resolutions on file. 1. Pay All Bills As Audited 2. First Reading & Schedule Public Hearing for October 1, 2001: Cable Television Franchise Ordinance 3. Pay Estimate #4, Lock and Dam Access Road and Riverfront Trail Improvements, Holst Construction 4. Pay Estimate #2, 2001 Street and Utility Improvements, Richard Knutson, Inc. 5. Accounts Receivable (City Invoicing)-Policy and Procedures 6. Disbursements (pay Vouchers )-Policy and Procedures 7. City Insurance Policy-Sewer Backup Insurance 8. Budget Adjustment-CIP Software Purchase Approval Minutes of the Regular Meeting of September 17, 2001 Page 2 of 4 Award Contract-Wide Area Network Installation Moved by Councilmember Moratzka, seconded by Councilmember Riveness to table this item to the October 1, 2001 Council meeting. 7 Ayes; Nays, none. Award Contract-20Ot & 2002 Audit Services Contract Renewal Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to approve the contract renewal as presented. 7 Ayes; Nays, none. Public Hearing/Final Hearing-Rezoning Featherstone Road (A:Agriculture to R- 3:Medium High Density Residence) Mayor Werner opened the public hearing at 7:05 p.m. Hearing no comments, the public hearing was closed at 7:06 p.m. Rezoning-Featherstone Road (A:Agriculture to R-3:Medium High Density Residence) Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the rezoning as presented. 7 Ayes; Nays, none. Adopt 2002 Preliminary Tax Levy Finance Director Webster outlined the legislative changes that have impacted the City's 2002 budgetary process, including the reduction in Local Government Aid (LGA) and the elimination of the Homestead & Agriculture Credit Aid (HACA). Webster also stated that staff recommends adoption of the maximum levy amount permitted by law at this time, and reductions can be made prior to adoption of the final levy. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to adopt the 2002 preliminary tax levy as presented. 76 Ayes; Nays, none. Adopt 2002 HRA Preliminary Tax Levy Moved by Councilmember Moratzka, seconded by Councilmember Riveness to adopt the HRA preliminary tax levy as presented. 7 Ayes; Nays, none. Adopt 2002 Preliminary City Budget Moved by Councilmember Hicks, seconded by Councilmember Schultz to adopt the preliminary City budget as presented. 7 Ayes; Nays, none. Empire Wastewater Plant Outfall Pipe Report Bill More of the Metropolitan Council was present to discuss options for reducing discharge into the Vermillion River. More said that three steps are currently being discussed: closing the Rosemount Plant by 2005, expand the existing Empire Treatment Plant, and stop discharging effluent into the Vermillion River. On behalf of the Council, Mayor Werner thanked More for the update and requested future City input as any changes may impact the City of Hastings. Minutes of the Regular Meeting of September 17,2001 Page 3 of 4 Site Plan-Tom Thumb Planning Director Weiland stated that the applicant has worked with City staff to resolve some issues identified by the Council, including fuel delivery access and landscaping. Moved by Councilmember Yandrasits, seconded by Councilmember Moratzka to approve the sit plan with two amendments to the conditions of the September 11, 2001 Planner's report. Condition 10 was amended to reflect that site plan approval is for a maximum of three years as long as the site meets all minimum requirements of all City ordinances in effect at the time the permits are pulled. Condition 11 was amended to reflect that construction must done within three years of the site plan approval date. 7 Ayes; Nays, none. Riverdale Development Agreement Planning Director Weiland stated that the Development Agreement has been amended based on comments received and that staff is recommending approval. Councilmember Moratzka clarified that the bike trail in the development is a public access. Councilmember Yandrasits clarified that the Council is not approving any covenants, which were provided to the Council for their information. The City does not approve nor enforce private covenants. Moved by Councilmember Riveness, seconded by Councilmember Moratzka to approve the Riverdale Development Agreement with a friendly amendment to amend Item 27 of the agreement to add language indicating that the City reserves the authority to enforce any conservation areas in the development. 7 Ayes; Nays, none. Preliminary/Final Plat-Augustan a Care Addition Planning Director Weiland stated that the Planning Commission recommended approval of the preliminary/final plat at their September 10, 2001 meeting with the seven conditions outlined in the Planner's September 13,2001 report. Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the preliminary/final plat with the conditions in the Planners report. 7 Ayes; Nays, none. Special Use Permit-Augustana Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the special use permit as presented. 7 Ayes; Nays, none. Site Plan-Augustana Semi-Independent Care Facility Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the site plan as presented. 7 Ayes; Nays, none. Minutes of the Regular Meeting of September 17, 2001 Page 4 of 4 Final Plat-Bohlken's 6th Addition Moved by Councilmember Hazlet, seconded by Councilmember Riveness to approve the fmal plat as presented. 7 Ayes; Nays, none. Site Plan-Forpack (Commerce Drive) Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the site plan as amended. 7 Ayes; Nays, none. Site Plan-Hastings Gymnastics Academy (Millard Avenue) Council expressed concern over possible parking problems in the future. They added a condition that any overflow parking for the Hastings Gymnastics Academy to use other private lots, not on-street parking and not at the Veteran's AtWetic Complex. Council also directed the Code Committee to review the parking policies at the Industrial Park as a whole. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to approve the site plan as amended. 7 Ayes; Nays, none. Wal-Mart Traffic Study Proposal Planning Director Weiland stated that two proposals had been received in response to the Council's direction at its special meeting of September 10 to order another traffic study of the General Sieben Drive and 4th Street area. SEH in the amount of $5,800 and SRF in the amount of $12,000. There was discussion over who would pay for the costs of this study. Darcy Winter,Wal-Mart representative, stated that Wal-Mart will pay the costs for the study. Public Works Director Tom Montgomery stated that traffic counts will be taken at various times throughout day and night to help determine the peak hours and current traffic patterns. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to award the traffic study proposal to SEH in the amount of$5,800. 7 Ayes; Nays, none. Preliminary Plat/Master Plan-Dakota Summit Final Plat-Dakota Summit Site Plan-Wal-Mart Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to table all three items until the traffic study has been completed and the results received by the Council. 7 Ayes; Nays, none. Adjournment Moved by Councilmember Riveness, seconded by Councilmember Hicks to adjourn the meeting at 8:37 p.m. 7 Ayes; Nays, None. Mayor ATTEST City Clerk t Date: 09/27/2001 Time: 14:22:16 Operator: BECKY KLINE v. CITY OF HASTINGS FM Entry - Invoice Payment - Department Report VI-1 Page: 1 Department Vendor Name Description Amount M.I.S. POLICE PUBLIC WORKS "!NCIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK r--rr CLERK '{ CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE M.I.S. Department M.I.S. Department BDM CONSULTING ENGIN ENGINEERING SERVICES BDM CONSULTING ENGIN WALLIN 8TH & 9TH MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department SOFTWARE SPECTRUM IN INNOCULATEIT VIRUS SOFTW Total for Department 160 UNIFORMS UNLIMITED HELLIE UNIFORMS Total for Department 201 BDM CONSULTING ENGIN ENGINEERING SERVICES Total for Department 300 MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6011 BOISE CASCADE OFFICE CALCULATOR BOISE CASCADE OFFICE OFFICE SUPPLIES CORPORATE EXPRESS OFFICE SUPPLIES CORPORATE EXPRESS PAPER IOS CAPITAL COPIER RENT OCTOBER MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6020 ALLlNA MEDICAL CLINI PRE-EMPLOYMNT; LANGER HASTINGS STAR GAZETT ASSESSMENT POLICY HASTINGS STAR GAZETT BIDS/HYDRO ELECT LOG GAT HASTINGS STAR GAZETT BIDS: REWIND GENERATOR HASTINGS STAR GAZETT CABLE TV FRANCHISE ORD HASTINGS STAR GAZETT REQUEST TO REZONE HASTINGS STAR GAZETT SIGN ORDINANCE MILE PUBLIC SECTOR LABOR/EMPL MINNESOTA SAFETY COU DRUG/ALCOHOL RECOGNITION MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM PRYOR RESOURCES INC SEMINAR; MANAGE PRIORITI SCHROEDER, ADELINE SEMINAR MILEAGE TO ROCHE Total for Department 6040 MN SOCIETY OF CPA I S MNCPA AUDITS OF LOCAL GO MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MN TAXPAYER ABSC. 2001 ANNUAL MEMBERSHIP D STARK, CHARLENE GFOA CONFERENCE LODGING, WEBSTER, LORI A. CONFERENCE EXPENSES; MIL WELLS FARGO BROKERAG AUG SAFEKEEPING FEES Total for Department 6050 MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM NORNES, STEPHANIE CONF EXPENSES; TECH REPU Total for Department 6070 2,992.00 204.00 839.62 4,035.62* 557.00 557.00* 111.81 111.81* 6,622.00 6,622.00* 52.50 52.50* 11.70 24.36 91.73 72.37 368.25 26.25 594.66* 100.00 14.50 29.00 29.00 14.50 43.50 14.50 225.00 99.00 4.95 195.00 47.61 816.56* 195.00 37.50 125.00 343.86 602.13 39.00 1,342.49* 7.50 345.49 352.99* Date: 09/27/2001 Time: 14:22:17. Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 2 )epartment Vendor Name Description Amount ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES ::ITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES PLANNING POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE GRAINGER, W.W. INC. LATEX GLOVES INTER-TEL TECHNOLOGI ACTIVATE NEW PHONE/VOICE MINNEGASCO, ACCT I S PA MONTHLY GAS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MOTOR PARTS SERVICE FILTERS ORKIN PEST CONTROL SEPT SERVICE RADIO SHACK DC ELECTRICAL ADAPTER PL REIS, INC ANT POISON, PARTS REIS,INC KEYS; SUPPLIES REIS,INC SUPPLIES R &: 0 ELEVATOR CO. I ELEVATOR SERVICE/ OCT SANCO CLEANING SUPPL SUPPLIES SCHILLING PAPER CO. PAPER SUPPLIES T.D. 'S CLEANING POLICE DEPT SEPT CLEANIN TOWER CLEANING SYSTE SEPT CLEANING WALMART COMMUNITY BR MOTOR OIL XCEL ENERGY MONTHLY ELECTRICITY Total for Department 6080 LIGH MINNEGASCO,ACCT'S PA MONTHLY GAS LIGH SANCO CLEANING SUPPL FLOOR MATS LIGH XCEL ENERGY MONTHLY ELECTRICITY Total for Department 6081 MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6090 ANDERSON, MARY JO CRIME FREE MULTI HOUSING AUTO GLASS SPECIALIS WINDSHIELD REPAIR/SQUAD BOISE CASCADE OFFICE OFFICE SUPPLIES CALIBRE PRESS STREET SURVIVAL TRAINING CITY OF MPLS. AUTOMATED PAWN COLOR LAB INC. (PHOTO FILM DEVELOPING COMP USA INC. COMPUTER PARTS COUNTY MARKET POP/ICE RIVERTOWN DAYS/ EGGERT MICHAEL POLICE RESERVE TRAINING LAERDAL MEDICAL CORP MEDICAL SUPPLIES MCMENOMY, MICHAEL LODGING/MEALS AT CJIS CO MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MN DEPT OF ADMINISTR JULY MDT STATE CONNECTIO NETWORK SOLUTIONS, I WEB PAGE MEMBERSHIP/RENE NEXTEL COMMUNICATION CELL PHONE QUARTERMASTER BIKE .PATROL UNIFORMS SPECIAL TEE'S BIKE PATROL SHIRTS TERRY I S ACE HARDWARE STAPLEGUN STAPLES UNIFORMS UNLIMITED POLLARD UNIFORM U. S. INTERNET DOMAIN FEE WALMART COMMUNITY BR CAMCORDER TAPES WALMART COMMUNITY BR CRIME FREE HOUSING TRAIN WALMART COMMUNITY BR FALL SHOOTOUT SHOTGUN SH 16.40 252.50 99.79 7.50 12.58 82.05 8.26 6.68 4.86 24.52 147.00 92 ~ 72 132.16 1,150.80 1,196.21 20.70 844.78 4,099.51* 48.22 807.32 6,876.11 7,731.65* 13.88 13.88* 107.01 375.27 226.80 229.00 150.00 24.50 137.53 257.31 124.68 181. 05 281.31 315.00 54.00 70.00 839.85 834.04 53.73 5.30 38.07 44.95 226.89 157.36 54.09 Date: 09/27/2001 Time: 14:22:18 operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Total for Department 6210 CRIME WATCH/PREVENTI KDWA RADIO SCHOOL SAFETY MESSAGES Total for Department 6215 D.A.R.E. PROGRAM D.A.R.E. PROGRAM D.A.R.E. PROGRAM BUILDING BUILDING BUILDING -LDING .LDING BUILDING HOUSING INSPECTION MN CRIME PREVENT. AS MCPA CONF; HICKS & PUCH TREADWAY GRAPHICS DARE SHIRTS TREADWAY GRAPHICS DARE SUPPLIES Total for Department 6218 BECKER, RON OLDS-DOD PARTS FOR DODGE CROSSROADS EXPRESS L LUBE OIL DOWNTOWN TIRE & AUTO BRAKE INSPECTION ON 805 MN STATE TREAS BUILDING CODES;BAKKEN,LA MINNESOTA MUTUAL MONTHLY LIFE INS. PREMIUM NEXTEL COMMUNICATION CELL PHONE Total for Department 6240 FIRE ENGINEERING SUBSCRIPTION RENEWAL Total for Department 6245 EMERGENCY MANAGEMENT HOLMES, MARK EMERGENCY MANAGEMENT SCHUTT, MIKE Total ANIMAL CONTROL ENGINEERING ENGINEERING ENGINEERING . -'1INEERING .INEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING STREETS STREETS STREETS STREETS TRAVEL COSTS TRAVEL COSTS for Department 6255 SHAMROCK ANIMAL CLIN ANIMAL POUND/STORAGE AUG Total for Department 6270 BDM CONSULTING ENGIN AT & T BRDBND; AUG BDM CONSULTING ENGIN AUG SERVICES BDM CONSULTING ENGIN MINNEGASCO AUG SERVICES BDM CONSULTING ENGIN SPRING; AUG SERVICES BOLTON & MEN!{ INC GEN SIEBEN DR EXTENSION CORPORATE EXPRESS COMPUTER CASE GURNEY, DAVID APWA CONFERENCE EXPENSES GURNEY, DAVID LUNCH WITH FEMA REPS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MONTGOMERY, THOMAS APWA CONFERENCE EXPENSES NINE EAGLES PROMOTIO SHIRTS FOR JUSTIN NORTHSTAR REPRO PROD PAPER; 4 ROLLS O'BRIEN, JOE CHEVROL REPAIR CHEVY S-10 SEH ENGINEERS HWY 316 TRAFFIC STUDY V. I . P. TRAVEL CENTER AIRFARE AMPWA CONFERENCE WALMART COMMUNITY BR MEASURING TAPES Total for Department 6311 CEMSTONE PRODUCTS CO BLOCK COMMERCIAL ASPHALT C 1. 48 TON 4lBW COMMERCIAL ASPHALT C 1. 66 TON 4lAW COMMERCIAL ASPHALT C 3.07 TON 41AW Page: 3 Amount 4,787.74* 45.99 45.99* 210.00 1,275.00 1,193.98 2,678.98* 9.27 37.30 27.50 120.00 37.50 105.04 336.61* 28.50 28.50* 29.50 45.50 75.00* 334.48 334.48* 986.00 102.00 340.00 272.00 1,000.00 47.55 1,214.36 32.00 35.00 765.05 232.95 104.03 657.45 1,917.69 239.50 12.75 7,958.33* 8.48 40.51 47.38 87.63 Date: 09/27/2001 Time: 14:22:19 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 4 )epartment Vendor Name Description Amount ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS ;TREETS DEERFIELD ADVERTISIN CLOTHING ALLOW - S KANE FARMERS UNION CO-OP ROUND UP G & K SERVICES TOWELS; MAT RENTAL GURNEY, DAVID CAR RENTAL HASTINGS TIRE & AUTO TIRES, LABOR KIMBALL-MIDWEST CLEANER/GREASE/STRAP MEYER COMPANY OVERALLS, COAT; WEBER MINNEGASCO,ACCT'S PA MONTHLY GAS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MOTOR PARTS SERVICE BATTERIES MOTOR PARTS SERVICE FILTER MOTOR PARTS SERVICE FILTERS MOTOR PARTS SERVICE FUSES ORMAN, PATRICK SAFETY BOOTS PRAXAIR DISTRIBUTION OXYGEN; LENS CLEAR; HAZA ROAD SURFACING TECHN LIQUID ROAD/LABOR RUEDY, CALVIN APWA CONFERENCE LODGING/ TERRY'S ACE HARDWARE COVERS; SPRAY TERRY'S ACE HARDWARE FASTENERS, TAPE TERRY'S ACE HARDWARE HANDLES TERRY'S ACE HARDWARE LOOSE LEAF RINGS TERRY'S ACE HARDWARE LOPPER COMPOUND TERRY'S ACE HARDWARE NUTS; BOLTS TERRY'S ACE HARDWARE ROLLER TERRY'S ACE HARDWARE SPRAY TERRY'S ACE HARDWARE WEATHERPROOF COVERES TWIN CITY STRIPING STRIPING STREETS WAHLSTROM, LAVERNE C CEMENT WORK; KING MIDAS WALMART COMMUNITY BR COFFEE WALMART COMMUNITY BR SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY ZARNOTH BRUSH WORKS, BROOM REFILL ZEE MEDICAL SERVICES SUPPLIES Total for Department 6312 100.98 78.56 98.14 196.43 587.50 69.65 237.95 42.68 67.50 123.44 9.10 10.25 7.35 150.00 38.57 7,981.00 955.12 17.84 17.97 20.42 9.49 21. 29 9.65 5.85 16.57 14.89 650.00 225.00 53.52 54.94 344.70 631. 81 100.11 13,132.27* ;TREET LIGHTING GRAYBAR ELECTRIC ELECTRICAL BOXES FOR now 828.89 ;TREET LIGHTING GRAYBAR ELECTRIC FUSES 106.50 ;TREET LIGHTING RADKE ELECTRIC REPAIR OVERHEAD ST LIGHT 125.00 ;TREET LIGHTING XCEL ENERGY MONTHLY ELECTRICITY 12,852.56 Total for Department 6313 13,912.95* ;enior Center SWANSON PLBG. & HEAT SR CTR DUCT WORK Total for Department 6521 ~eforestation MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6612 mTlREE 'S HEALTH INS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6922 442.50 442.50* 3.75 3.75* 79.08 79.08* Date: 09/27/2001 Time: 14:22:19 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 5 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ INSURANCES INSURANCES LEAGUE/MN CITIES INS 4TH QTR/WORKERS COMP LEAGUE/MN CITIES INS PREMIUM AUDIT ADJ-WORKER Total for Department 6923 Total for Fund 101 PARKS AND RECREATION ROYAL EXCAVATING, IN SKATEPARK; EARTHWORK PARKS AND RECREATION TERRY'S ACE HARDWARE FLYPAPER PARKS AND RECREATION TERRY'S ACE HARDWARE PADLOCKS PARKS AND RECREATION TOP SHELF . ATHLETICS 40 SETS HELMETS, PADS Total for Department 401 PARKS/RECREATION - - ~/RECREATION J<S/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 PARKS/RECREATION AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER CEMSTONE PRODUCTS CO CONCRETE HOISINGTON KOEGLER G ROADSIDE TENNIS COURTS IOS CAPITAL COPIER RENT OCTOBER MINNEGASCO,ACCT'S PA MONTHLY GAS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM NEXTEL COMMUNICATION CELL PHONE RENT 'N' SAVE PORTAB PORTABLE RESTROOMS RENT 'N' SAVE PORTAB TAX ON PORTABLES SIMPLOT PARTNERS HERBICIDE TERRY'S ACE HARDWARE CAULKING SUPPLIES TERRY'S ACE HARDWARE KEYS TERRY I S ACE HARDWARE LEVELS TERRY'S ACE HARDWARE PIPE NIPPLE TERRY'S ACE HARDWARE TAPE, CAULK TERRY'S ACE HARDWARE WEEDBLOCK FABRIC TROPHIES PLUS PLATES FOR BENCHES WILLIAMS SCOTSMAN IN MOBILE OFFICE RENT WILLIAMS SCOTSMAN IN STORAGE RENTAL XCEL ENERGY MONTHLY ELECTRICITY Total for Department 6520 Total for Fund 200 AQUA LOGIC, INC. AFO CLASS; PlRE LIFEGUARD STORE, THE LIFEGUARD T SHIRTS METROCALL PAGER SERVICE MINNEGASCO,ACCT'S PA MONTHLY GAS NEXTEL COMMUNICATION CELL PHONE WALMART COMMUNITY BR POOL CLEANING SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY Total for Department 6511 Total for Fund 201 CULTURE/RECREATION HASTINGS ACCESS CORP ACCESS SUPPORT Total for Department 6560 Total for Fund 206 19,205.50 13,278.00 32,483.50* 102,630.35* 797.50 2.76 75.19 1,760.00 2,635.45* 223.05 5,205.92 172 . 53 31. 91 58.73 149.24 141. 00 3.67 2,140.33 35.08 15.00 32.99 2.53 17.98 23.95 29.82 354.65 158.69 3,096.72 11,893.79* 14,529.24* 220.00 49.25 28.50 102.47 47.72 83.52 5,470.13 6,001.59* 6,001. 59* 20,000.00 20,000.00* 20,000.00* Date: 09/27/2001 Time: 14:22:20 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 6 Department Vendor Name Description Amount RESEARCH GRANT MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6637 PIONEER ROOM IOS CAPITAL COPIER RENT OCTOBER Total for Department 6641 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE ANCOM COMMUNICATIONS PAGER REPAIR ASPEN MILLS SHIRTS; PANTS BIRCHEN ENTERPRISES BRAKES 1498 CHRISTIANSON, MICHAE TONER CARTRIDGE EQUIPMENT MANAGEMENT BLADES EQUIPMENT MANAGEMENT ROCKER PANEL FAIR OFFICE WORLD INSURANCE FORMS FAIR OFFICE WORLD OFFICE SUPPLIES HOESCHEN, JAMES B. SAFETY BOOTS; GELHAR IOS CAPITAL COPIER RENT OCTOBER MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MOTOR PARTS SERVICE BULB SIDELINE SIGNS & GRA LETTERING/GRAPHICS TERRY'S ACE HARDWARE FELT MARKERS TERRY'S ACE HARDWARE FUSES TERRY'S ACE HARDWARE KEY TERRY'S ACE HARDWARE KEYS TERRY'S ACE HARDWARE SHIPPING WHITEWATER WIRELESS, TECH LABOR XCEL ENERGY MONTHLY ELECTRICITY Total for Department 6220 AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBU INC AMBU MAN TORSO BLUE CROSS & BLUE SH REFUND OVERPAYMENT CALL CENTURY COLLEGE PARAMEDIC CONT ED GOODHUE COUNTY USED MOTOROLA RADIO SYST METZEN, PAUL REFUND OVERPAY; CALL 200 MOTOR PARTS SERVICE GEAR LUB PRAXAIR DISTRIBUTION MEDICAL GRADE OXYGEN PRAXAIR DISTRIBUTION MEDICAL OXYGEN PRAXAIR DISTRIBUTION NITROUS OXIDE VOLKERT, EDWIN REFUND OVERPAYMENT ON 20 Total for Department 6230 Total for Fund 213 OTHER SERVlCES/CHARG BOLTON & MENK INC L/D ROAD-INSPECTION/ENGI OTHER SERVlCES/CHARG HOISINGTON KOEGLER G L/D ROAD; PLANNING/DESIG OTHER SERVlCES/CHARG ST. CROIX ENVIRONMEN L/D ROAD/ENVIRONMENTAL R OTHER SERVlCES/CHARG XCEL ENERGY DECORATIVE STREET LIGHTI Total for Department 6700 1.13 1.13* 174.22 174.22* 175.35* 75.60 224.84 283.45 200.64 1,150.95 147.50 15.90 158.27 160.65 180.50 97.50 14.31 500.00 12.67 .75 5.30 4.97 29.71 300.00 852.36 4,415.87* 2,008.52 115.34 425.00 1,000.00 50.53 30.68 98.21 158.52 56.50 476.40 4,419.70* 8,835.57* 41,152.12 951.76 3,608.20 26,850.00 72,562.08* Date: 09/27/2001 Time: 14:22:21 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 7 Department Vendor Name Description Amount Total for Fund 400 -------------------- -------------------- ------------------------ ------------ 72,562.08* ADMINISTRATlVE/UNALL BDM CONSULTING ENGIN GENERAL SERVICES AUG ADMINISTRATlVE/UNALL GRAUS CONTRACTING, I JOINT MAINT FACILITY 2ND ADMINISTRATlVE/UNALL HOISINGTON KOEGLER G GREENWAYS ADMINISTRATlVE/UNALL HOISINGTON KOEGLER G INTERPRETIVE CENTER Total for Department 6072 JAYCEE I S PARK MIRACLE RECREATION E PARK BENCH Total for Department 6728 WALLIN PARK WALLIN PARK HOISINGTON KOEGLER G WALLIN PARK PINE BEND PAVING, IN PAVE PATHWAYS/ WALLIN PA Total for Department 6790 Total for Fund 401 REDEVELOPMENT REDEVELOPMENT BRADLEY & DEIKE PA PRELIM AGMT/BAILLY'S LAN BRADLEY & DEIKE PA PRELIMINARY AGREEMENT/BA Total for Department 6635 Total for Fund 402 ADMINISTRATION ADMINISTRATION HASTINGS STAR GAZETT AUGUSTANA BONDS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6631 REDEVELOPMENT BRADLEY & DEIKE PA LOAN DOCUMENTS FOR SHEMA Total for Department 6635 Total for Fund 404 ZR SSRVlCES/CHARG BRADLEY & DEIKE PA LAND SALE DOCS GYMNASTIC OTHER SERVICES/CHARG BRADLEY & DEIKE PA LAND SALE DOCS/ FORPAK OTHER SERVlCES/CHARG JOHNSTON CULVERT CO. CULVERTS FOR IND PARK OTHER SERVlCES/CHARG MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 6700 Total for Fund 407 OTHER SERVlCES/CHARG BOLTON & MENK INC CENTURY S; UTILITY EXTEN OTHER SERVlCES/CHARG BRAUN INTERTEC 9TH ST IMPROVEMENTS OTHER SERVlCES/CHARG BRAUN INTERTEC BOHLKEN DR IMPROVEMENTS OTHER SERVlCES/CHARG BRAUN INTERTEC LOCK DAM RD IMPROVEMENTS OTHER SERVlCES/CHARG MN DEPT/NATURAL RESO 50 YR LICENSE CROSS PROT OTHER SERVlCES/CHARG S & S TREE SERVICE TREE REMOVAL 900 E 2ND S Total for Department 6700 Total for Fund 491 578.00 87,255.00 102.00 3,170.52 91,105.52* 1,107.60 1,107.60* 425.00 14,563.50 14,988.50* 107,201.62* 50.00 150.00 200.00* 200.00* 29.00 6.38 35.38* 500.00 500.00* 535.38* 287.50 300.00 994.18 1.13 1,582.81* 1,582.81* 1,243.88 679.50 648.50 836.00 520.00 747.63 4,675.51* 4,675.51* Date: 09/27/2001 Time: 14:22:21 Operator: BECKY KLINE Page: 8 Department Vendor Name Description Amount WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER WASTEWATER WASTEWATER WASTEWATER WASTEWATER WASTEWATER WASTEWATER WASTEWATER WASTEWATER TRANSIT TRANSIT TRANSIT TRANSIT TRANSIT-OPERATIONS TRANSIT-OPERATIONS CITY OF HASTINGS FM Entry - Invoice Payment - Department Report COMP USA INC. TOSHIBA LAPTOP FRANDRUP MASONRY INC 2ND STREET REPAIR GOPHER STATE ONE-CAL AUGUST CALLS GRAINGER, W.W. INC. ELECTRONIC TlMESWITCH GURNEY, DAVID CAR RENTAL HEUSSER, JAMES CONFERENCE EXPENSES IOS CAPITAL COPIER RENT OCTOBER MINNEGASCO,ACCT'S PA MONTHLY GAS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM MINNCOMM PAGING PAGER SERVICE MN PIPE & EQUIPMENT 8" DIP SLEEVES NEXTEL COMMUNICATION CELL PHONE RAWAY, MARK 3/4 I WATER METER RIVERTOWN EYE CLINIC SAFETY GLASSES T.D.'S CLEANING PUBLIC WORKS SEPT CLEANI TERRY'S ACE HARDWARE MOPHEAD TERRY'S ACE HARDWARE MORTAR TERRY'S ACE HARDWARE SHIPPING TERRY'S ACE HARDWARE VALVE US FILTER DISTRIBUTI 1 1/2 " METERS US FILTER DISTRIBUTI 1 1/2 I / 2" METERS US FILTER DISTRIBUTI METER CONNECTORS US FILTER DISTRIBUTI PIPE US FILTER DISTRIBUTI PIPE, GASKETS SUPPLIES WALMART COMMUNITY BR BATTERIES, PHONE CORD XCEL ENERGY MONTHLY ELECTRICITY Total for Department 7100 Total for Fund 600 COLT ELECTRIC INC. INFRATECH INFRATECH INFRATECH INFRATECH MCES MINNESOTA MUTUAL XCEL ENERGY Total GENERATOR REPAIR/REPLACE 5TH ST SEAL JOINTS, GROU 5TH STREET GROUTING QUADEX 11' MANHOLE TELEVISING LINES OCT WASTEWATER MONTHLY LIFE INS PREMIUM MONTHLY ELECTRICITY for Department 7300 Total for Fund 601 MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM NEXTEL COMMUNICATION SEPT TRAC CELL PHONE UNITED PARCEL SERVIC MAIL 2002 TRANSIT MGMT R UNITED PARCEL SERVIC REPORT TO MNDOT Total for Department 7500 HASTINGS BUS CO HASTINGS BUS CO BACKUP DRIVER TRAC BACKUP 1,459.31 5,225.00 168.00 293.66 196.43 964.27 197.98 110.82 46.25 13.90 475.01 653.76 113.92 90.34 319.50 4.57 3..50 19.46 10.42 2,240.00 592.28 514.29 328.19 1,085.42 11.64 10,359.54 25,497.46* 25,497.46* 529.95 5,347.20 2,224.95 1,760.00 1,567.50 67,889.33 16.25 256.80 79,591. 98* 79,591.98* 6.30 91.26 14.93 29.86 142.35* 75.00 925.00 Date: 09/27/2001 Time: 14:22:22 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 9 Department Vendor Name Description Amount TRANSIT-OPERATIONS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM Total for Department 7501 CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVI C ARENA CIVIC ARENA CIVIC ARENA --'TIC ARENA I C ARENA CIVI C ARENA HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC HYDROELECTRIC Total for Fund 610 ARROW BUILDING CENTE SUPPLIES MINNEGASCO,ACCT'S PA MONTHLY GAS MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM NEXTEL COMMUNICATION CELL PHONE SHERWIN-WILLIAMS PAINT SUPERIOR WIRELESS OF CELL PHONE CASE TERRY'S ACE HARDWARE #16D BOX NAILS TERRY'S ACE HARDWARE BITS #2 TERRY'S ACE HARDWARE EYE LAGS WALMART COMMUNITY BR OFFICE SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY Total for Department 7700 Total for Fund 615 COLT ELECTRIC INC. INSTALL TIMER, DISCONNEC GLENWOOD INGLEWOOD C WATER COOLER RENTAL LOGISTICS RESOURCE G SHIPPING OF CHILLER L & S INDUST. & MARl BARGE RENTAL, FILL WATER MEAD & HUNT, INC. AUG PROF SERVICES MINNESOTA MUTUAL MONTHLY LIFE INS PREMIUM NORTH AMERICAN HYDRO TRANSFORMER WALMART COMMUNITY BR DISKETTES / FLASH CARDS XCEL ENERGY MONTHLY ELECTRICITY Total for Department 7900 Total for Fund 620 Grand Total 15.00 1,015.00* 1,157.35* 57.36 67.17 20.03 80.96 38.57 15.96 2.75 2.09 7.00 23.01 2,359.36 2,674.26* 2,674.26* 150.00 7.46 471. 70 7,951.20 22.302.90 7.50 10,066.51 102.78 3,190.56 44,250.61* 44,250.61* 492,101.16* October 1, 2001 APPROVED: City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Moratzka Councilmember Hicks Councilmember Yandrasits Mayor Werner VI-2 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Water Utility Fund Budget Transfer September 26,2001 Council is requested to transfer $1,500 from the 2001 Water Utility Fund Repairs to Machinery and Equipment (600-300-3300-6353) budget line item to Computer Equipment (600- 300-3300-6570) budget line item. The Utility Department's SCADA laptop computer used for remote access to the water control system needed repairs. However, we discovered it was cheaper to purchase a new laptop rather than repair the old. Since no computer equipment purchases were budgeted for 2001, the Finance Department is requesting that the Utility Department seek Council approval to transfer funds from the 2001 Water Utility Fund Repairs to Machinery and Equipment (600-300-3300- 6353) budget line item to Computer Equipment (600-300-3300-6570) budget line item. VI-3 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Lock and Dam No.2 Dike Trail Overlay and Repair September 27, 2001 The trail across the dike at Lock and Dam No.2 was damaged by this year's spring flooding and the Corps' subsequent repair and riprapping of the dike's upstream side. Staffhas requested quotes from two contractors, but at this time have received only one quote. Staff will provide a recommendation on accepting an overlay and patching quote prior to Monday night's meeting. FEMA has ruled that the trail repair costs are not reimbursable. The Parks Department has funding remaining from the CR #42 trail project that will be used to fund this repaIr. VI-4 MEMO To: From: Subject: Honorable Mayor and City Council Members Tom Montgomery Resolution Declaring Amount to be Assessed and Ordering Preparation of Assessment Roll for 2000 Improvement Program September 27,2001 Date: At this time, staffwas unable to complete the assessment total that needs to be inserted in the resolution. A completed resolution will be distributed to the Council prior to the meeting. The assessment schedule will call for an assessment hearing to be held on November 5th. VI-5 CITY OF HASTINGS COUNTY OF DAKOTA, MINNESOTA RESOLUTION 10- -01 RESOLUTION ESTABLISIDNG ACCEPTABLE POPULATION RANGES FOR WARD DISTRICTS WHEREAS, a federal census was conducted for the year 2000 and the results have been forwarded to the City of Hastings; and WHEREAS, the City of Hastings now has a general population of 18,202 residents; and WHEREAS, The City of Hastings has ward election boundaries from which four Councilmembers are elected and these wards, by state law are to be divided into area that are proportionally populated "as equal as practicable"; and WHEREAS, the ideal population for each ward would be 4550 residents, but due to several factors, including geographic challenges, a range of acceptable population is proposed. . NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hastings, that the City Clerk, in coordination with the Hastings Charter Commission shall establish ward districts within 5% of the 4550 ideal ward population, thereby making ward population ranges of 4322 to 4778 acceptable. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA, TillS 1ST DAY OF OCTOBER, 2001. Ayes: Nays: Absent: Michael Werner Mayor Melanie Mesko Administrative Assistant City Clerk (SEAL) VI-6 MEMORANDUM TO: Mayor Werner and City Council FROM: Matt Weiland, City Planner DATE: September 27,2001 SUBJECT: Request to vacate street easements/Order Public Hearing - 4th St Wand Featherstone Rd Street easements (High School) Background information: The proposed Hastings High School plat has an existing 33 ft street and utility easement located along the northern and southern property boundaries. The street and utility easements are legally described as follows (Site Location Map ~nclosed): 4thSt Easement The South 33 ft ofthe North 1/2 of the NW 1/4, Section 29 , Township 115, Range 17, According to the Government Survey. The easement is also referenced as Document Number 416786. Featherstone Rd Easement The North 33 ft of the North 1/2 ofthe NW 1/4, Section 29 , Township 115, Range 17, According to the Government Survey. This easement must be vacated in order to plat the property. The Hastings High School will be platting right of way over the existing 33 ft street and utility easement. Where right of way is not platted in the High sohool plat, a 33ft ft drainage and utility easement will be included on the plat. If the City Council vacates these street and utility easements, the applicant should be responsible for all recording fees required by Dakota County. Requested Action: Motion to Order a Public Hearing to be held on October 15th, 2001 en c o 819 ..c~ Sc :6>~ J:O) ~ I .. .t . i :li .s . . I:. . OD = :z: i g i i Iii I III i n~ in I Iii;;; i~~i ~ z ~i~lii. ii3~!l Ii ~~ !~ ~I~~~B gi~;~ ~~ ~I If f i~i.~I;lli~~s~~~i~~~~! fii!lffll~!~iii~~!IIIII;iii!~! !]il~~~~.!;i~~~:~~g~33~~~!2~Za o ~l(lDlII~IIIIDlIIIIIIIDID p::j z.~ ~ c o ~ 1 LL 8 C'\I T- 8 co VI-7 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Crop Damages, Project 2001-9 September 27,2001 Council is requested to approve the enclosed agreement detailing payment for crop damages dues to the utility construction from City Project 2001-9, Utility Extensions to serve Century South development. As part of the utility construction, approximately 4.5 acres of the corn crop on the property to be crossed by the utility mains will be lost. The agreement details payment for this crop damage. AGREEMENT FOR CROP PURCHASE CENTURY SOUTH TRUNK SANITARY SEWER AND W ATERMAIN EXTENSIONS CONSTRUCTION CITY OF HASTINGS, MINNESOTA This Agreement, made this first day of October, 2001, by and between CITY OF HASTINGS, 101 Fourth Street East, Hastings, Minnesota 55033, hereinafter referred to as CITY, and GARY BAUER, 11850 190th Street East, Hastings, Minnesota 55033. WITNESS, whereas the CITY is constructing utilities in conjunction with the Century South Trunk Sanitary Sewer and Watermain Extensions project, AND WHEREAS the construction of these utilities will traverse that property owned by Greg Jablonske within the Northeast One Quarter of Section 4, Township 114, Range 17, Dakota County, Minnesota, AND WHEREAS this property is leased and farmed by GARY BAUER, AND WHEREAS the CITY's project will require the removal of some of the existing crops on this property farmed by GARY BAUER prior to harvesting, NOW THEREFORE, in consideration of the mutual covenants and promises between the parties hereto, it is agreed: A. The CITY estimates that approximately 4.5 acres of existing crops within the described property will need to be removed in conjunction with the utility construction. B. Payment made directly to GARY BAUER by the CITY to compensate for any and all losses due to the removal of these existing crops shall be $400 per acre. It is agreed that there are no other parties besides GARY BAUER that will suffer any losses due to crop removal and that compensation will be made to no other parties. C. Removal of the existing crops will be completed by the CITY or its contractor. D. The actual area of crops removed will be determined upon completion ofthe removals and final payment to GARY BAUER by the CITY will be made based on this determination at the rate proposed in Item B. E. SIGNATURES This instrument embodies the whole agreement of the parties, there being no promises, terms, conditions or obligation referring to the subject matter other than contained herein. This Agreement may only be amended, supplemented, modified or canceled by a duly executed written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in their behalf. CITY: GARY BAUER: Mayor: Michael Werner Gary Bauer City Clerk: Melanie Mesko Date Date VII-1 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Award Bid - Stop Log Fabrication September 27, 2001 Bids were opened for the Stop Log Fabrication project for the hydroelectric plant. At this time, there is a question concerning sales tax that needs to be resolved before the low bidder can be determined. I will have a recommendation on award to the Council on Monday night before the meeting starts. VII-2 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Award Bid - Hydroelectric Plant Generator Rehabilitation September 27,2001 Bids are scheduled to be opened at 1 :00 PM, Monday, October 1 for the rehabilitation of the two electrical generator units that were damaged by flooding at the hydroelectric plant. I will forward the bid results to the Council along with a recommendation to award a contract before the start of the Council meeting that night. VIII-A-1 MEMO To: From: Subject: Honorable Mayor and City Council Members Tom Montgomery Accept Engineering Proposal from SEH for MnDOT Municipal Agreement Projects at 10th & Vermillion and at Cannon St. and Hwy 61 September 27,2001 Date: Council is requested to accept the proposal from SEH to provide engineering services for the design and construction of intersection improvements at 10th & Vermillion, and at Cannon St. and Hwy. 61. Last fall, the City applied for and received MnDOT Municipal Agreement funding for improvements at these two. mtersections for construction in the summer of2002. Under the Municipal Agreement program, MnDOT will fund a portion ofprojects requested by communities that improve state highways within the communities' jurisdiction. The communitY becomes the lead agency in designing and contracting for the construction of these improvements. Plans must be approved by MnDOT and all construction must meet MnDOT's standards. 10TH & VERMILLION This project will consist of increasing the turning radius of the southeast quadrant of the . intersection to permit northbound Hwy 61 large trucks to make a right turn onto 10th Street. The existing comer is too tight and trucks cannot turn without swinging wide into the 10th St. left turn lane. As a result of the confined conditions at this intersection, a number of trucks exit Hwy 55 at Ashland St. and use 10th St. by Todd Field as ~route to access 10th St. east ofHwy 61. The intersection improvements should reduce the amount of short cutting through this residential neighborhood by large trucks. This project was proposed to MnDOT with the option of creating a right turn lane on Vermillion St. in front of the Walgreens store. The right turn lane would help provide a smoother flow of traffic and provide additional stacking area within the short block between 10th St. and Hwy 55. The rough preliminary construction estimate for increasing the comer radius only was $41,000; adding a turn lane increases the construction cost to $102,000. MnDOT has agreed to cost share $21,000 for the intersection improvements. The City's share of the intersection improvements can be funded through our Municipal State Aid funding as 10th St. east Vermillion St. is a state-aid street. Staff is recommending proceeding with this project, including the construction of a right turn lane. SEH is proposing to perform the design and construction services for $ 13,000 for the comer radius only, and for $ 28,000 if the project includes the turn lane. " CANNON ST. & HWY 61 This project proposed relocating the Cannon St. and Hwy 61 intersection north to line up with the existing access to the former Buccaneer Bowling Alley. This project was first suggested by MnDOT in their review of the failed Rivertown Commons shopping center development. MnDOT wants to consolidate the number of access points on Hwy 61. These intersection improvements were also included. in the City's Comprehensive Plan. Further driving this project is the Century South development. Cannon Street is intended to act as a frontage road, connecting to the new 36th St. east/west collector. Relocating the Cannon St./Hwy 61 intersection 500 ft. to the north will greatly improve this intersection. The rough preliminary construction estimate for relocating the Cannon St./Hwy 61 intersection is $65,000. There will be an additional cost for right of way acquisition, which is estimated to vary between $30,000 to $50,000 depending on the amount of severance damages assigned to the existing bus garage property.. MnDOT has agreed to fund $50,000 for these intersection improvements. The Century South development has agreed to be assessed for 20% of the remaining cost, or approximately $9,000 to $13,000. The remaining $36,000 to $52,000 cost is proposed to be funded by the City through the sale of construction bonds in association with the City's 2002 Street and Utility Improvement Program. SEH is proposing to perform the design and construction services for $ 18,000. COUNCIL ACTION REOUESTED Council is requested to accept the SEH engineering proposal for engineering design and construction services for the two Municipal Agreement projects. In addition, Council is request to include the Hwy 61 right turn lane as part of the proposed 10th St. intersection improvements. N + 't- U) ~ Z l ) 10TH. ST E ~ ' . ,: . .. .' ':.~~se Radius . \.:..~- :',::,."~':.'~~ -',.- ',$ig,naJ P0/!e.. . : I ~,i .. .. ,..... .t~ight. Turt'il Lame - '..-,,::,:,,-~~"'''' ~..... .............X01l..... u.p_.. . - .Ioth St. and Highway 6I Intersection Improvements 50 0 50 100 150 F_t , , " an' or 1IMI'IlI1IS :r ~ I nc. - / ~ I A 'I! J-~I"fT Ie ~ =' F 0~ . wI! .- - tL ~~./~ j / --, ...,., ~ I ___ ~.LI "-4r/ ~ ~. ."'!....lfr I=< · ...:: .l~ .1\ r~ : .1'\ ~ i=. . I f- ~~~-M!:s~s"~ FI · F' · J'/f(/ ~ Ii~~ ~-/~'/fr' c .~ ~~.~ I I .. ~. ~ . Y([~~~~!J III, ,! ~ ~ ~ :z: - '- --.s) - /' - - ...-.\ - -l - ...:.- - ..... - ,... - .... -, - - - = - -a I I. . . . .,...".,. .. ~,. ~.........."...... ..... ,....; ;".."~ 'i..~,...J.~.__ w" . ...- ..- ... .. . :'.:..::" "..:; ~ .....' ~. ..or ~.A_._...... ...... . Project Location 7 l' / :"x~. L ~ ./- ~\J :: ~~ .f-V .~I ri ~ ~~';: ~. ,-:". ...'~~: .-=:- ~ ':'.:~= .~.. .." ''S ,. .~:..~:;. - N + 200 , o 200 400 F_t , -- I rJI1 I 33RD ST E ~/ II ~ '-- ..,36TH ST EI' , ~ .. 1f I.,,'\.. o 1111 T :: A~~ \~v/ Cannon St. Highway 6I Access Improvements - crn'orllAlll'lllU o 0 ~ D 09/27/2001 14:13 FAX ItfI uuuuu~ Ar5EH 3535 Vadnais Center Drive. SI. Paul, MN 55'10.5196 IlIIgi11 tcTill,g 651.490.2000 tnlJiToRmt7ll(ll 651.'190.2150 FAX uTchiuaurt lranlporl41iOll Seprember 27, 2001 RE: Hastings, Minnesota MnlDOT Cooperative Agreement 10lb S1. & TH 61 Intersection Improvements SEH No.P-HASTl0203.00 Mr. Thomas M. Montgomery, P. E. Director of Public Works City of Hastings 101 4th Street East Hastings. Minnesota 55033-1955 Dear Mr. Montgomery: Short Elliott Hendrickson Inc. e (SEH) appreciates the opportUnity to submit this proposal to the City of Hastings for design. constrUCtion services, and contract and municipal agreement management services associated with improvements to 1011I Street at the intersection with Trunk Highway 61. Two alternatives have been proposed for this intersection. Tbe first (Alternative 1), is to increase the comer radius on the southeast comer of the intersection to improve maneuverability for truck traffic turning from northbound TH 61 onto eastbound 101h Sueet. The second (Alternative 2). is to increase the corner radius on the southeast corner <?f the intersection and constrUct a dedicated right turn lane, to increase maneuverability and reduce vehicles from staCking to the south. This proposal will outline services and fees associated with both alternatives. SEH is committed to developing a work program and design for both alternatives that will be compatible with the City's needs. We have met the City's high'standards in our previous work and will provide the same quality services for this project. This letter proposal can be the basis for an agreement for design and construction services for both alternatives and all subsequent services. ~ pan of the project, we have put together the following Wark Program for performing the above-mentioned work. . Alternative 1 - Design Services SEH will detail limits of removals for the existing street section, signal system. and lighting system. SEH will also provide reconstruction details for areas ofTH 61 and 10'" Street anticipated to be disturbed with removals. All removals and reconstructs will be in accordance with City and MnlDOT standards. SEH will perform all roadway design laSlcs required for the conStrUction of the proposed comer radius. Some of the major tasks to be detailed in the plans and specifications include traffic signal modifications, lighting system modifications. storm sewer modifications. and sidewalk. All proposed improvements will be detailed in the plans and specifications to City and MnlDOT standards. Included with the plans and specifications. a constrUction cost estimate will be prepared for the proposed work. SEH will use topographical surveys. as-built drawings, and right of way provided by the City to design removals and construction of the proposed radius. SEI-I personnel will visit the site during preliminary design. SEH assumes a design survey will not be required for this p~iect, SEH also assumes soil borings Short Elliolt Hendrickson Int. . ~ Your Trusled Resource Equal Opportunity Emplover "C,j yy'W'r yy'w' Mr. Thomas M. Montgomery, P.E. September 27, 2001 Page 2 will not be required. Pavement sections will be based on available as-built drawings for TH 61 and 10111 Street. Alternative 1 . Construction Services SEH wm provide constrUction services to observe the construction for compliance with the plans and specifications. At this time. we anticipate that half-time observation will be required as pan of this project. We will also provide COnstnlction survey staking and removal limits for the construction of the proposed access. any public utility relocations. reconstruction to 10lh Street and TH 61. Alternative 1 - Contract and Municipal Agreement Management Services SEll will advertise this work for bids in the appropriate publications. prepare contract documents, distribute plan sets to bidders. answer bidder questions during the bidding process. tabulate bids, and provide other services as necessary to complete the work. SEH will work with the Minnesota Department of Transportation during their review to expedite plan approval and funding. Alternative 1 - Schedule and Fees SER proposes beginning work on the project immediately upon being notified to proceed by the City. The first preliminary intersection improvement plans can be provided to the City (and State) within four to six weeks of receiving approval to proceed. Final plans will begin immediately upon receiving the City's (and State's) comments on preliminary plans. SpecifiCations will be prepared to coincide with the completion of final plan sheets. Final plans and specifications are anticipated to be completed. by the end of the calendar year. If needed, SEH can coordinate with the City to decrease required plan pr~aration time. The Work Program includes design, construction services. and contract and municipal agreement management sexvices. All work will be done on an hourly basis, plus the actual cost of reimbursable expenses. All work. as defined above, will be done on an hourly basis for a cost not-to-exceed. $13,000 (except to exceed as otherwise approved by the City). The work program and associated fees are based on information provided to SEa from the City. The above cost does not il'lc1ude attending any City Council or City Committee meetings. Any additional tasks added to or deleted from this project (due to significant changes in the general scope of the project or its design including, but not limited to, changes in size, complexity of character or type of consrruction) shall be by written amendment to the contract signed by both parties. The Agreement between SEH and the City of Hastings may be terminated by either party upon seven (7) days written notice sbould the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination. SEH shall be compensated for services performed to termination date. including expenses and equipment costs then due and all terminal expenses. SEH will provide the City with mylar reproducible copies of any plan, specification. or documents already completed at the time of termination. 09/2712UU1 14:14 FAX I{fJ UU4/UUl) ." Mr. Thomas M. Montgomery. P.E. September 27. 2001 Page 3 Alternative 2 . Design Services SEH will detail limits of removals for the existing street section, signal system, and lighting system. SEH will also provide reconstruction details for areas ofTH 61 and lOlh Street anticipated to be disturbed with removals. All removals and reconstructs will be in accordance with City and MnlDOT standards. SEH will perform all roadway design tasks required for the constrUction ofthe proposed comer radius and right turn lane. Some of the major tasks to be detailed in the plans and specifications include traffic signal modifications. lighting system modifications. storm sewer modifications, and sidewalk. All proposed improvements will be detailed in the plans and specifications to City and MnIDOT standards. Included with the plans and specifications. a constrUction cost estimate will be prepared for the proposed work. SEll will use topographical surveys, as-built drawings, and right of way provided by the City to design removals and construction of the proposed radius and right turn lane. SEH personnel will visit the site during prelimina.ty design. SEH assumes a design survey will not be required for this project. SE:H also assumes soil borings will not be required. Pavement sections will be based on available as-built drawings for T:H 61 and 1011I StreeL Alternative 2 - Construction Services SEH will provide consln1ction services to observe: the construction for compliance with the plans and specifications. At this time. we anticipate that half-time observation will be required as part of this project. We will also provide constrUction survey staking and removal limits for the construction of the proposed access. any public utility relocations, reconstruction to 10111 Street and TH 61. Alternative 2 . Contract and Municipal Agreement Management Services SE:H will advertise this work for bids in the appropriate publications. prepare contract documents, distribute plan sets to bidde:rs, answer bidder questions during lhe bidding process. tabulate bids. and provide other services as necessary to complete the work. SEH will work with the Minnesota Department of Transportation during their review to expedite plan approval and funding. Alternative 2 - Schedule and Fees SEH proposes beginning work on the project immediately upon being notified to proceed by the City. The first preliminary intersection impro\'ement plans can be provided to the City (and State) within four to six weeks of receiv;ng approval to proceed. Final plans will begin immedial.ely upon receiving the City's (and State's) comments on prelimina.ty plans. Specifications will be prepared. to coincide with the completion of final plan sheets. Pinal plans and specifications are anticipated to be completed by the end of the calendar year. If needed, SEH can coordinate with the. City to decrease required plan preparation time. The Work Program includes design, construction services, and contract and municipal agreement management services. All work will be done on an hourly basis, plus the actual cost of reimbursable expenses. All work, as defined above, will be done on an hourly basis for a cost not-to-exceed $28,000 (except to exceed as otherwise approved by the City). The work program and associaled fees are based on infonnauon provided to SEH from lho City. "C:IVV.." vvy Mr. Thomas M. Montgomery, P.E. Seprernber27, 2001 Page 4 The above cost does not include attending any City Council QT City Conunittec meetings. . Any additional tasks added to or deleted from this project (due to significant changes in the general scope of the project or itS design including, but not limited to, changes in size. complexity of character or type of construction) shall be by written amendment to the contract signed by both parties. We appreciate the opportunity to provide the work stated above to the City of Hastings. Feel free to contaCt me at 651-490-2134 or John Gray a.t 651-490-2073 jf you have any questions or comments regarding the project. We will work with the City and keep the. City infonTled as to our progress. If you are in agreement with the terms of this letter a.greement. please sign below and return one signed copy to us, for our files. Sincerely. SHORT ELLIOTT HENDRICKSON INC. ~~4J ? ~L- ?!: M 4- John M. Gray, P.E. Project Engineer Thomas G. Tabler, P.E. Project Bngineer s11 J:\/Ill1rkcl'c"lsubmhl$\2l101 \l1:t*IlD:Z03 1I1li I.doc Alternative 1 Alternative 2 Approved this day of , 2001. CITY OF HASTINGS, MINNESOTA By: Title: v~,~"~uv~ ~..vu rAA -=V""" VVI AF5eJ 3535 Vadnais Center Drive, St. Paul, MN 55110-5196 651.490.20DO tlr,hiluture tllgillttring tlllJirOnmefl[tll 651.490.2150 fAX tTtllllportD.tif)f1 September 27. 200 1 RE: Hastings, Minnesota MDIDOT Cooperative Agreement Cannon St. Access Relocation SEH No.P-HASTI0203.00 Mr. Thomas M. Montgomery.P. B. Director of Public Works City of Hastings 101 4th Street East Hastings, Minnesota 55033-1955 Dear Mr. Montgomery: Short Elliott Hendrickson Inc.~ (SEH) appreciates the opportunity to submit this proposal to the City of Hastings for design, construction services, and contract and municipal agreement management services associated with the relocation of existing Cannon Street access to Trunk Highway 61. SEH is committed to developing a work program and design for relocation of the existing Cannon Street access to Trunk. Highway 61 that will be compatible with the City's needs. We have met tbe City's high standards in our previous work and will provide the same quality services for this project. This letter proposal can be the basis for an agreement for design and constrUction services for the new access and all subsequent services. Ai:. part of the project, we have put together the following Work Program for performing the above-mentioned work. Design Services SEH will provide a grading and turf establishment plan for areas disturbed by removal of the existing Cannon Street access. SBH will also provide reconstruction details for areas of Cannon Street anticipated to be reconstrUCted with removal and construction of the proposed access. Required storm sewer mOdifications and culvert removals will be detailed. All removals and reconSlX'\lcts will be in accordance with City and MnlDOT standards. SEH will perform all roadway design tasks required for the construction of the proposed Cannon Street access. Some ofthe major tasks to be detailed in the plans and specifications include removal of concrete median in TH61. striping of TH 61 to accommodate ne\V access. proposed horizontal and vertical alignments for access roadway, storm sewer modifications, culvert installation, and temporary and pennanent erosion control. All proposed improvements will be detailed in the plans and specifications to City and MnlDOT standards. Included with the plans and specifications. a consttUction cost estimate will . be prepared for the proposed work. 8EH will use topogrclphical surveys, as-built drawings. and right of way provided by the City to design removal and construCtion of proposed access. SEH personnel will visit the site during preliminary design. SEH assumes a design survey will not be required for this project. SEH also assumes soil borings will not be required. Pavement sections will be based on available as-built drawings for TH 61 and Cannon Street. Short Elliott Hendrickson Inc. Your Trusted Resource Equal OpportunllY Employer ~vuv, UUI Mr. Thomas M. Montgomery, P. E. September 27, 2001 Page 2 Construction Services SEH will provide construction services to observe the construction for compliance with the plans and specifications. At this time, we anticipate that halt-time observation will be require!f as part of this project. We will also provide construction survey staking and removal limits for the construction of the proposed access, any public utility relocations, reconstruction to Cannon Street, and proposed reconstnlction to TH 61. Contract and Municipal Agreement Management Services SEH will advertise this work for bids in the appropriate publications, prepare contract documents, distribute plan sets to bidders, answer bidder questions during the bidding process, tabulate bids. and provide other services as necessary to complete the work. SEH will also work with the Minnesota Department of Transportation dwing their review to expedite plan approval and ftlnding. Schedule and Fees SEH proposes beginning work on tbe project immediately upon being notified to proceed by the City. The first prelimincu:y access relocation plans can be provided to the City (and State) within four to six weeks of receiving approval to proceed. Final plans will begin immediately upon receiving the City's (and State's) comments on preliminary plans. Specifications will be prepared to coincide with the completion of final plan sheets. Final plans and specifications are anticipated to be completed by the end of the calendar year. If needed, SEH can coordinate with the City to decrease required plan preparation time. The Work Program includes design, construction services, and contract and municipal agreement management services. All work will be on an hourly basis, plus the actual cost of reimbursable expenses. All work, as defined above, will be done on an hourly basis for a cost not-to-exceed $18,000 (except to exceed as otherwise approved by the City). The' work program and associated fees are based on information provided to SEH from the City. The above cost does not include attending any City Council or City Committee meetings. Any additional tasks added to or deleted from this project (due to significant changes in the general scope of the project or its design including. but not limited to. changes in size, complexity of character or type of construction) shall be by written amendment to the contract signed by both parties. The Agreement between SEH and the City of Hastings may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perfonn in accordance with its terms through no fault of the party initiating the termination. In the event of tennination, SEH shall be compensated for services performed to termination date, including expenses and equipment costs then due and all terminal expenses. SEH will provide the City with mylar reproducible copies of any plan, specification, or documents already completed at the time ofrerminanon. We appreciate the opportunity to provide the work stated above to the City of Hastings. Feel free to contact me at 651-490-2134 or John Gray at 651-490-2073 if you have any questions or comments regarding the project. We will work with the City and keep the City informed as to our progress. U91l11lUUl 11:U7 YA~ Mr. Thomas M. Montgomery, P. E. September 27, 2001 Page 3 'l:!:JVUIIUU' .' If you are in agreement with the terms of this letter agreement, please sign below and return one signed copy to us for our fues. Sincerely, SHORT EWOIT HENDRICKSON INC. ~~~/ ~ftL Thomas G. Tabler, P.E. Project Engineer sl1 J:\mQrket'c;\r\sllbmitlal2llD I \IwlI0203 CIIIIIllJI.do; Approved this day of , 2001. CITY OF HASTINGS, MINNESOTA By: Title: ~;1/ John M. Gray, P.E. Project Engineer VIII-A-2 MEMO To: From: Subject: Date: Honorable Mayor and City Council Members Tom Montgomery Authorize Right of Way Acquisition, Cannon St. and Hwy 61 September 27,2001 As part of the MnDOT Cooperative Agreement project relocating the intersection of Cannon St. and Hwy. 61, right of way will have to be purchased from the Hastings Bus Company across Lot 1 of Sunset View Addition to construct the new connection to Cannon Street. Council is requested to authorize staffto hire a real estate appraise to estimate value of the right of way acquisition and to permit staff to begin negotiations towards acquiring the property. Project Location 7 ~~. / ~~ - ~_',t L _ ::~ ~ I DC. - ~ wrJ'lI IJ- ~ I ---.".L ... 1// 1:1 >- ..Ji /,," III!I!. , '::: Itrf {~ =&. r .:J /; W- =11" ....:: l ~. ~~~~_.- l<~. n. =~~~. - ~~ ~ F = r . :a!f!!f '~,..,~j ; I ~ F ' fl/(L 111f!~ "~A ~ I Jjl~rr ~ I " , I .. I ~L J. . . .." )L~ ~ .. ~ U=I.> ~ .. .... ~~"ff~ I I I I I l :c . -'-~ r-/ - - ~. - -j -- I ra '\ j 33RD ST E W-\ ~ r_ .....u.r .\ {~~I ~~ .~ r- -.,0 -. -.., ". ,. . {e: ' ~r~~m~:.~.:ifc't; .. ,,:;,:;...f:..;B '---., 36TH ST Ei - - - - - ~/ - - - - - .-.- -'- ~ ~ ~~II. . . ~,:.::~:. · ,': .' .:. . E -ti . .... ...;.,,;c-. ,. t. '~!r~ ~ .... .~ -II: \ ,]l rr: ~ -~'- A~-- ;: fit IIIII1IIII1III ~// N + Cannon St. Highway 6I Acce.ss Improvements. em' OF ilAsnsss 200 , o 200 400 Feet , D~ o 0 VIII-A-3 MEMO To: From: Subject: Honorable Mayor and City Council Members Tom Montgomery Summit Heights Development Request for Surmountable Curb September 27,2001 Date: Enclosed, please find a request from the engineer for the Summit Heights development requesting the use of surmountable curb in the development due to the large number of driveways and small amount of curb area between driveways. Council has approved similar requests in the past, in the townhome are of the Pleasant Valley Addition, and on Riverwood and Regent Courts in the Riverwood Addition. STAFF RECOMMENDATION Staffis recommending approval of the developer's request for surmountable curb. SEP.-27'01(THU) 13:56 PROBE ENGINEERING CO TEL:612 432 3723 l -. -~ ..._~.. .-- .....~. -... "". ROBE ENGINEERING COMPANY, IN,C. 1000 EAST 146th STREET, BURNSVILLE, MN 55337 (952) 432-3000 CONSULTING ENGINEERS. PLANNERS and LAND SURVEYORS September 27~ 2001 SUMMIT HEIGHTS Thomas M. Montgomery City of HllStings 101 E. 4th Street Hastings. MN 55033 Dear Mr. Montgomery, Per our discussion last week, I am writing on behalf of Greg J. Homes to formillyrequest the City Council of Hastings to allow the use of Mountable Concrete Curb and Gutter for a significant portion of the SUMMIT HEIGHTS development. I understand the City's standard curb and gutter is B-618. We propose to use B-618 curb and gutter around the proposed center island and on the curb radii at the entrance to the site. However, due to the number of driveway a.ccesses, and therefore the number of curb cuts that would be needed, we propose to utilize Mountable Concrete Curb and Gutter around the cul de sac. This would allow for a mote uniform appea.ra.nce around the cul de sac as opposed to curb cuts, transitions and short segment.~ of B-618. In short, Mountable Concrete Curb and Gutter is a more practical alteroa.tive for this situation. Details of both curb types 'are attached for your reference. Thank you for considering our request. Sincerely. ~ Christopher Ockwig Probe Engineering Co., Inc. P. 001 /' I: I I' I: I Ii I I, Ii I; I:' I I I I I, I I I; SEP,-2T01(THU) 13:57 TEL:612 432 3723 p, 002 PROBE ENGINEERING CO 18" BASIS FOR FACE OF CURB 12"R . ~ TI " ' ~ .' :a "'- \ N ~ . A '" , . : . .' '0C74.: . .... 0 4 .' " G . " ,.--I..l 1-'0 1/2"--1 : 28" 17 '/2" j mN~ . CURB SHALL BE PLACED IN A TILTED POSITION . ~ SUCH TO PROVIDE A 3" DEPTH FROM THE TOP OF CURB TO THE FLOWLINE WHEN MEASURED ON A LEVEL PLANE. '* MOUNTABLE CONCRETE CURB ~ (MODIFIED 5418 -EDINA S1YLE:) MOUNTABLE CONCREfE CURB PATH: Y: 7003 ORIG. PROJ: JORDAN HOOPER CT 8MI OETAIL PLATE NO: 7003 DETAIL LOG APPROVAL: DATE: STDS COMM. FALL 1996 REVISIONS: DATE: PROJ. : REMARKS: SEP.-27'Ol(THU) 13:57 PROBE ENGINEERING CO TEL:612 432 3723 6'" ~ 1/2"R 1/2"R ,.. r. __'.'H',~", <II ~ L~:J;i.':it~:;;''#t_'i!i ~~",.:..i~,", ~~~*~€i~::) rp._':.~':.r J '.. ;"''1.:';~'''' 311 R ~~:.-:~~:~:.:e::..t~tJf. S OP ,,," P R r;:"fl:'-~r...Mij;f,~,<-~~. "..., ~...ooc. .;,(I"-'''''r._.~J ''''' .."."t""l'9'~~t:.;.c'; ."..~. I.'I;;~. :-":0..0..;,;.., ..... .- ~;'~:H-;;'b~~.'~\~~-'" ~ ~~~~..~_ ~~'J~"",....,..~.....r.tr~I":l-'" \..~;,-. .~"':- ;.~~..:J:"'-.._~..~~. ~~~~~.~*,...~')~~~~~:.~-:~~~~:;~~~~:.::4~t:'.~~~...::: !!! {tt~"'::'r-:.&.-g.~N"'i::1'>V:",".o::z:::::-:r.r."':'j ...~L~I.I"i'..'-.t' ::..:....=-..:~ ", t":.t~~~~~~ii~-~--~~~~~I~t~!;:;"=,~ir.:Jr;=.;';:":fi::~~:~??'~: - !l. .-......-.~~:{-~~5.~~.-.';.~...~.~.~~.~'.;.:.:...~. .,!,;'. 'l.- ..... ......."'i" N "th."'.:8 J"~~"""-~",~,..:,','-~." 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',"A"r':'''- ":"J'l'-.':~'~._'. .....I'~.:~ ""'~~'" .....-, ,,<~, '~"'..a.""III . ,.,,~ I"..... - .. -olD"......... -;'.1:.-,,::1. ./1"-...,.. rC:!v.:.;.... "..__.... ~ _.......--.1...., -. :- ,.~~.-J..r: ~:,,,,. .-~~ l;~".~\~~: ;~ 0..;......: i"'~.:l;i. :~~..r~.~.!':'""':,.. :...l..-~~,......t'"'Z'::'- ~ ~...-!"'-~ _..~ ~-~...:o..~ "::,:"::f!:::~~;':-Yil;: IS " 8' -"I :::: ~ "" TYPE H-A l'o .18" DESIGN D " .', CONCRETE (DESIGN B H-A CURB a & DES IGN GUTTER 0) P. 003 1 REV 3-1-95 I ~TR 1 'J .1 'I I I ,I :1 :1- :1 :1 ,I II ;1- ~ I II I, II I - I I.. ' ~ ~ --,...--. .-!---- ~ ~ os ~ .~ 1&.1 d3 N .- IQ ~- va ao .... ~N ~a so OQ en IQ .- $1&.1 ~$ .- 00 00 I&.I~ 00 00 . I&.I~ ~~ gO N"" eV f') .- .... .- N~ c~ ,.,~ ~ 1&.1$ ~~ ~ ~ 03831S Tv'~3N3~ :c u ~ 5~G :z .- :z - I - ~~.-~ ~. ::)-- ifi .- CD ct: I __ I 8s ... ~. ... )- I&.Iffim~ ffi 3 a ~ ~ CD a15S:l ~~ ~ ~. ~ ~ iil 5 ct:O:3:z ~ o <II ....::1 Cl Iol a j?; ifi <II ~ ~ o t:l. ~ S ~ ct: in~:lct:~iila t..4 a ~ ~ ~ Z1. ~ ~OOOQ Q Q f' VIII-B-1 MEMO To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: September 25, 2001 Re: 1 st Reading/Order Public Hearing - Rezone Property along Featherstone Road (A Agriculture to R-3 Medium High Density Residence) Raymond Solac has requested that the property located along Featherstone Road, be rezoned from A Agriculture to R-3 Medium High Density Residence. The property proposed for development is 2.0 acres in size (see site location map). The property in question is legally described below: Parcel E That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 North, Range 17 West, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter of the Northeast Quarter; thence West, bearing assumed, along the north line of said Northwest Quarter ofthe Northeast Quarter, a distance of39.80 feet; thence South a distance of33.00 feet to the point of beginning of the land to be described; thence West a distance of300.00 feet; thence South a distance of300.00 feet; thence East a distance of300.00 feet; thence North a distance of300.00 feet to the point of beginning. Containing 90,000 square feet more or less. Subject to easements of record, ifany. Background Information: Comprehensive Plan Classification: The subject property is currently classified U-II (Medium Density Urban Residential 4-8 residential.\units/acre). The proposed R-3 Medium High Density Residence is a consistent zoning for this land use. Zoning Classification: The subject property is currently zoned A Agriculture. The Applicant is requesting the property be rezoned to R- 3 Medium High Density Residence. This zoning classification is consistent with the rest of the residential zoning in the area. Surrounding Properties: The area to the north and south ofthis property is zoned R-3 Medium high Density Residential, and the area to the west and the east is zoned A Agriculture. Planning Consideration: The applicants have submitted a building permit for a single-family home for this property, which required rezoning prior to a permit being issued. Planning Commission Action: At their September 24, 2001 meeting, the Planning Commission unanimously recommended approval of this rezoning. Recommended Action: Recommendation to approve the first reading of an ordinance rezoning the property to R-3 Medium High Density Residence and to order a public hearing for September 15th, 2001. LAND USE APPLICATION CITY OF HASTINGS, . 101 4th Street East, Hastings,:rv.r:N. 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: /1- () '- ~ FE./f-T If E ~ 3 T [) # /:.:- r? 15 A D Legal Description of Property Involved, .s~~~ 'i ;WA) //r R~ I 7 1:.1 of AJ /u }? r.{- JJ f / Jy (! &n/Z/ .:<. l' J: r~<;: 4 (q ,9: 5$ iT tv 1f ,AJ E (pl!J IfocX'Ioo Oc9..6 1,.3) Applicant: Name 1(A- V Ai O/Y]J l3" rS 2> L A- 6 Address ;/f6.3 r~A-1/~E/? ~~TL>.,AJ.e ~cL 1/01.-K T/Ai a~ / /11;t/ o3'b.-3,.s -'7,'r~,r7 Phone (p,r /) I).j 7... i? :2, -yC Fax Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance # Section App. Com. Owner (If different from Applicant): Name Address Phone Fax Request: fI ~ B.. ~ Rezone: .;3;J- ~ () ( 00 Comp Plan Amend: . Site Plan: Variance: Special Use: Subdivision: Vacation: Other: TOTAL: ~ r;:2, ,6"0 I () C) Description of Request (include site plan, survey, and/or plat if applicable): '">::1 00 I X. ~ <' Ci J I"/{ TI 0 ,A~.1f P!..I\J I '1'6,g, '1 /J" {).2 ;\ /3 .~ E E P A- R, {' E L Ij!-} i,.s u r<. t! E,V t. E J IS E b .f/ i:>/I () / /.J-IlJD A TIA<IIFP Signature of Applicant '$jD ( Date Applicant Name and Title - Please Print ~A1t1N/J 15. ,solC/+~ er Name - Please Print 2639.22 N If.. CORNER Of" SECTION Z9', WEST" '. ...~ 17'5.00.... r : ~ " o m ~ ~ I 871.'9 FEATHERSTO~E ROAD I - (140 TH -1- AVENUE) J 436.00 In i 290.00 .~s ~g "0 q~ Ow t~ 'w g ~'" ~ ~ . h 0' .' ,,0 ..0 "0 00 <0.. PARCEL C .~ ~ ~ : , ~~ , V)::2l ; WO , ~CEL D:: : o,ot , -0 : -~. : ..: .!\ 0.... 588.11'54 ~W ',' 1109 . : ~ " l: " . o : ~ a. ;; o 1 ..144.31.......... i' . .. 436.00.. 134.25. .... ....... EAST PJ,itCEL B "1'hat. part' ot the UOrthw..t OUrter of ~M Nor~h.aat OVarter of 8ec1:ioa 2'. 'roWnahip 115 Nortt-. Rauge l' We.t. ~kot.. Countv. "iDn..ota. d..cribed .. follows: CoJmeneJl'IQ .at t.he northu.t CDI'M-I' or .aid Wort)",..t OUaner of the Northeaat Ou.rt.~: thebce W.at, buriOG ...imIed. alono t.he north Un. of wid Nortlnlea<t. Quarter of the >>orthe.at Oilan.r. a di.tanc. of )g.80 f..t, tbeQue &out;h .. cSnul'Ice of )3.00 "eet to the poht of beqinn:Ln9 of tM laM to be d..cdb8d, thence .,..t .. d1.un~ of 300.00 f_~1 tMtlce Soutb .. dtaunce of 300.00 f_t: t:h.nc. &eat a cU.tence of 300.00 f..t: thance lIort:tl .. dt.t.D~ of 300.00 f..t 1.0 tbe point of beviDninQ.. Con~iDinq 90.000 NJaare feet -.ore or 1.... Subject 'to .....-nta of record. if anY. P'AJtCEL ,. 'l'hat pill"!. ot the Worthw..'t Quarter et the Horth_at OUarter of Section 29, 'fOWJJahip llS >>crth, Ran~ 17 Weat. DakotA COUnty. fllmHr.ota. d.acribed a. followlll Co-..netDq at t'" nonb-.at corner of Hid IklrttnJeat Qu.art..r of ~be lIortha.n. Quart.r: thell~ WeR. bearing ...uMtl, alonq tha DOrth line of ..id t:onnv..t QuartaS' ot t.h. Ucrtha..t Quarter. e dhtance of ".80 feet' thenee SOllth . dietenee ot' 33.00 feet, thelllce We.t .. diat.Dee of JOO.OO f..t to tM po1nt; of beq1nntn~ of t.~ land to be de.cribed: tbence SOuth.. dhtance ot' 300.00 fMt: thane. ....t . dt.tence of 135." fe.t t.o ita f,nt.neet:ioD vith . line that h 1795.00 feet "'.t of t.he north...t corMS' of Htd s.ctiOD 2'. .s ....ured ..ionc;r the non-II 11ne of ..id 1IectiOD 29 and bein9 l)erpendtcalar t..a uid aortb lina of Htd s.ctt.on 29, tebelllca Ilorth. a1on~ ..id Une. .. dhtaaCle of 100.00 feat, th.nce s.at . dhunc. of 115.59 f_t to the point of ~iuaiOlJ. COJIt..lntnq 40,677 aqoar. t..t 1101'. et" 1.... SUb1eet to ......nt. of record. if any. MISC31Dl01 1)DXXXXXXJJJ ItIInOyalflllY...1IIiI......_.II'~.. PIIlhCI"Fltll'w4Ir.,lWtCCllIIIIMIIDaanclllilll ;~-_.~. ""/<<,/ :... .J"" ,....... ....;,.1?fL &"i.u'I"/DI P.tJ"Co&/. E.'tF 1WJ 135.59 ".\ , : ~~ m" 40 ..m -m 0.. ';0 m o o '! o iil I PA~ PARCEL F '4..24. . z Ei .~ ~: -0 '. ~'. ..... ::~ ~o : ~~ ~g Wm .... ~.--. .-1 i I I I.AllO. A If."" .......r. ._ .700 ...."... ! 8eqJ.nift9 .t . POi~t 1!II.a fpt. _at aJId: ):J f_te Sou.th of the Monhean cornel' I of ~bai Mort:hvct.te QQ.Ilrter of tbe IJonh..at. Qu.acteer of I.ct:ioa 2f. ~lp 115 North. Ranqa 17 "'.t. aad C'UftD1n9 thUce we.t US.% f..... ttaerace 80atharly dOll9 the .:.oat line of t:ha '1''''1011&1, laid out lot. for. ~ diauDC8 of 300 teet. I tbMC8 aa.te . din.nee ot 145.2 tNt .nd tbance )Jon:barl,. 100 f..t to tba polate ot beqianintf. CDlltainlrt9 _ aOftl. PARCEL a Urea "uraat.,. d...s lath Sept.lIS') le'qinnJDq .t a point 33 feet: Soat:.b ancll lS05 feat "at 01 the Mllnh...t corMr of Section 29. Town.hip In ItOrtb. ItaDqe 17 ....t, UeDce ....t no feet, th~ : Sout.h 100 f..t, tbfnce KIln 2'0 feft: tbeace Marth 300 feat: to tbe place of : beqih"ih'. .A>aL C IfTOa "arn.e., deed. ]Otb lept.lJS,,) ! o.q1nDlnq .t . poiat 33 f..t Scn:Itb and 17'5 f..t ....t 01 the oortb..&t comer ! of SeCtiOD Zg. 'i'Dwn.h1p U5 1kWtb. RaDCl!. 17 vea~J thnce Waat Uti f..t, -thaDce I SOath 300 teet I t.h.D~ "at. Oti feft, 'thence llarth 'lClD f_t co the place of I beqilllling. . I_D 1 =-=:= ;:..!l::::i:31~~=?..-=-ln5":::: =:...~ ~=~:::: I South . dhtaaoe of ....51 f..t u the po1nt of bcl911lA1D9 of the Iud 'to be BEARING SYSTEM IS ASSUMED I ~i:=~ ~~ ,= .;..::.~=:;~; =-:~ ~ ::.~::::.~ I Ccllta1Dla9 13'. IqUr. t..... 110ft or 1.... I o DENOTES 112- IRON PIPE SET. MARKED .RLS 9294' I (i) DENOTES DAKOTA COUNTY CAs1. IRON MONUMENT . DENOTES FOUND 112. IRON PI~ WITH PLUG MARKED 'RLS S06D': /I DENOTES ., DENOTES RAllRO"D SPIKE DRIVEN IN ROAD. FOUND FOUND J 1'2:' RE- ROO I I FOUND 7/8" RE-RDD i FQUND _112- IRON PIP! FOUND I- IRON PIPE OLD STEEL fENCE PO T. FOUND I I I . ~#' R'<<YMOND B. SOLAC 1'_- HASTl NGS, M N. 86-023.. $ CENOTES e DENOTES (i DENOTES D DENOTES BOUNDARY SURVEY 0)-0 c:m .- 0 5~ N <D <Dc: 0::0 +-' ()CJ) (OL.. -<D 0.1::. (J)+-' m "<D O::u.. '" ... .E :::; '- " (;.> ... G ~ 0' E \S 0 'C ~ i:' ~ I\) " " is t: IS) " I\) .B -~ .......I < '" III 0; 0 III 2 z N ::;: 0': i ! -I . I g lit j ! __Nt<).q-'.f)~~\:: ~ ~ nL olDl tIloln!~ c: o += CO o o ..J Q) - w 100001'01 < G ~ ~ ~ ~ ~ ~ 6 w z~. 3: <:0 OOO"'Ot' ,- \.... ......... .,,: , I " I. :'" .... ... ; , _1.(. r--- <( <( ,< ., z. 'Ci) :-..',. ot: -(1)_ ",'. eO.9! :. .a.cc : - 0) (I) ::J .- "t:J o:c .- .- UI . '- .(1) C)"t:J a:: <((I) <(:2 M a:: ... \......' . c.,'"..:.. ,.... :.. .:. '.. ....,. ,.. ., ':'.:.'. :,..,. ,.. ..,':.' , ,. (,'/ ',. .>::/: /. ,i/. I..,.. ,.:.',.,~..,.....}.....:., >.':. <'~(j;l'Z ~ g~~>.'.06,.....'..'''..~}:.:''';..... ~'lj/'yIi.. ci:. .,. ',.1,'-.;.,.... .., ..::..: L..... ...>' :'. i>.;,;n,',',<., ~ .:"..,':. ... :. J: :i::):iii."".....;.,;,.. >,: . :".. " .. .... ,.' .. ..... .' :,..,.: '...... .,.: ,..:..0:: .... . '/:"C?<' ... : .. a:: .... III~ ji ",: -' - - - ::> L en Q) E n <( 'l "- ~ :...' I.,,~...:J......,:...;.':.}:.'.,-\.\;:; ., .unj':.' _ ~1~/:>;::;-,;: .~\:.: U}S)} '.";: ;H::..~;;}.!'.<;; : .:,.:"<\.'.., -,;--;-.,.,,".,:-, \,;.:<-..:.:.-.': :'''"''1' :,~, ;::;,:,1)' ;,,/: ,': dj' ~~:;jO ~ ....c.... ,..,'...... ...,.. .-' ! ~)1~ ~~;~\1'::"~W- ~ '~II ...... \ ,.,., ,.. - - /.,"> ..........,./, ..... . ...... ........ <i., .r< '.. ".'.'. .'.::':': I., :,," s..:.:...::...... .: :. ,'. :\ ..<':: '><) ...}....,.,. '"7 ': .. .:,;,:/:",0:./.. Ci, .. (, i< .....,'....> a:: .: ......}..>/., ,:., :,.., .':.: , . - .. <( ,.'.. i- ....: I. .......,. .C?;'.'.; .'. ........ cr: ~ .... ~ ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council ofthe City of Hastings as follows: Subdivision 1. The following described properties are hereby zoned from A Agriculture to R-3 Medium High Density Residence: Parcel E That part of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 North, Range 17 West, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Northwest Quarter ofthe Northeast Quarter; thence West, bearing assumed, along the north line of said Northwest Quarter of the Northeast Quarter, a distance of39.80 feet; thence South a distance of33.00 feet to the point of beginning of the land to be described; thence West a distance of300.00 feet; thence South a distance of300.00 feet; thence East a distance of300.00 feet; thence North a distance of300.00 feet to the point of beginning. Containing 90,000 square feet more or less. Subject to easements of record, if any. ADOPTED BY THE CITY COUNCIL TillS DAY OF ,2001. Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant! City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the day of ,2001, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant/ City Clerk ( SEAL)_ This instrument drafted by: City of Hastings 101 4th St. Hastings, MN 55033 VIII-B-2 MEMORANDUM TO: Mayor Werner and City Council FROM: Kris Jenson, Associate Planner DATE: 09/11/01 SUBJECT: Final Plat - Summit Heights Greg Jablonske is requesting approval of a final plat named Summit Heights. This plat involves the development of 17 townhomes. Attached to this memo are the final plat and a site location map. Background Information: 1. Zoning: R-3 Medium High Density Residence. The proposed lots meet the minimum lot size requirements for this district. 2. Comprehensive Plan Designation: U-II Urban Residential. Townhomes are a consistent use with this Comprehensive Plan designation. The density of the development is 5.1 units per acre, which is also consistent with the land use designation. 3. Existing Conditions: The subject property is currently undeveloped. 4. Proposed Conditions: The submitted plans shows 17 Townhome lots. 5. Preliminary Plat: The Preliminary Plat was approved earlier this year by the Planning Commission and City Council. 6. Adjacent Properties: The area to the west and south are developed with single family homes. The land to the west is a detention pond and the land to the north is the future Marketplace Family Townhomes and Senior Apartments. 7. Public Land Dedication: The developer will be constructing ala foot wide trail through the property, as well as connecting it with existing trails in the area. The applicant shall pay $850 per lot, for a total of$14,450 in park dedication fees. The total may be offset by trail credit, subject to the approval ofthe Hastings NRRC. 8. Interceptor Sewer Charges: The applicant will be required to pay an interceptor sewer charge of$310.00 per lot, for a total of$5,270.00. 9. Grading. Streets. and Utilities: City Staff and the Public Works Division have reviewed the submitted plans and have approved them. 10. Trees: The developer has submitted a landscape plan for the development, which has been approved by the Planning Commission and City Council. Planning Commission Action: This item was reviewed at the Sept 24th meeting, and was unanimously recommended for approval by the Planning Commission. Action Requested: A motion to recommend approval of the final plat, subject to the following conditions: 1. The final plat hard shells must be consistent with the approved final plat. 2. The developer shall pay $5,270.00 in interceptor sewer charges prior to the City signing any final plat. 3. That the applicant shall pay $850 per lot, for a total of$14,450 in park dedication fees. The total may be offset by trail credit, subject to the approval of the Hastings NRRC. cc: Greg Jablonske en ...... C:.c. en .Q C> Q) ...... . - E ~~ 0 o.......c. -l.- c: Q)E3: :!::Eo en::J.... en I :i .J . t g II: il ! GJ! ! l;j M U ~ ~ ~ ~ o S S S l! ~ ~ ~ ~ ~ 'C E Cl" -0:2 ._~ c:::::; .lI!"j:i ~ 8l~ ~O Q) ~ .. 8 a~-1l O::c c~l ~ ~ ~ it iEi~~~~~~~~~ ...J ~ s"ii -E ii:8.g ~~=>=>& ~1-- :l'! ~ &. 8 ~c..i::::~oQ.330:3~~ <3 0' 0 0 ~ ""'000801 DR -. -1 1-1 r l-r ,,111 = - ...... '-.::l =i ....'J# ~ = s__~~ ~ - --= 8mm ~ - -- B --....!. - - B ~m I-- T i:;: <.;;;f r'- I-- ~ _L-- L,.~I~ ~'-'" ~ - -r<..; ~it a:> OJ ~-~-BOJm I-- .--J-- OCONNELL DR I..... I I ~ ,f. It) It) ~ ~ " eI) - .eel) 'C C) Q) Q)"CiiE eI):J: 0 o .c e~ ~ D.EO ::Jt- (f) ~ w z~. ~ - . H\~"~ ..j I I I I _LJ. .J,;,~ . 1 'I . ., . ..... . !.. - . - ~-:J l.J~ . -.I 1 J.J~ / =t ~i - _ ~. 4) VLf/-J"I"T*f(' ~ !II ~ 1..\.1 I I =7 , ..,-.>' TODDWAY ., -r- II 8I >(.::: 1-': . 1_1<<7: ,,~v.. III' ~~ .; cr- ~ \.-,- ~ .... .,.,- -: \.1 ~~ - TI llJl CIR .a. ~ III"'~ 1_'- J I. J .L J~ . ..., .., I--- I-- Il::t -l...I... ~ _m ~ ::::> r · "1-;" D~.J D I f-- -; - - - : I ~qn IllJ ~ 8 ITl) ~ r ~...--\ I r[I ?~~ ~~ ~~ ~ Irl/~ - I ::> I 0 I~ a> i55 <;; ~B~~ ~iiiiB 1 ;1 Ii ~ l!5~if a:1o.Iu; 0 5- 0 ~ii~ i;~5NI ~~ ~ ., ~ ~e~~ 0(/\1-8 ~~ . I!) ~ " z~ ili~;~ . :~I z ~liig Il liI:s C Q.. ~g~~e ~~Ill <( e~~:g 11/ ::; l 0 ~~~:ga ..~~ \&III/ ~ .., .s ~~~~ ~"i >- CD:! .. I :> c~ i5c~;/ ;~c o I!) Z =~,.;~. Ulili I ~" i!5~~~ cz Q ~ 02~ a: ; ;~~~ :::E:c 51&1 ~iii! > 0 !E.rch " '6 0 .U en 0 .., I) -f ~ ~ -f i:I ~ 10 .... I I "" I I I I !! [ I I I I I I I I I N I .... J at O.DDS J 00"" ~ I .... .,......, I .1.OC.LD.oDS I ~ a ~ ..'e at o.oos ""'" 10 .... at o.oos I_,~_- VO'LtJ ~I a <C II ~ .... ,. ......oj ......oj . >! ~ ~ :J I) E-< P::: ~ o o -J ;sr9U ~8 I ~~g I l! I ::: I! I ~ .---"ij'T .-! - -:8~ "'-L "t... CI! ," J':'~ir~'''? E-< jil/ (/) ........... J'J \J,/~ !::c:l ---f., '<~ i:5= .t/ "~/' 'l'!...,~ '" o ~ at 0_ ...... 01 : 1- -- i3 ~ \ ~'gf!.~~ \"'"1l~\ /' ~:. /4-\ j~ \ " I ~ I Ie I S I Si 8 I h ~ I ee I~ I' ~~ ~ I "" 01 L- ~ ~................... ~ at _ 98'OZ' ~ N ODOH ",'st, .. 0.ll0H l,;7;;, .... ~ ~I n LI "1.2] ----+2 ....., 96'oet . :LkO,O&.OOS I I 0, I L .Ol:Oct~ir-" 5! ,.. .... \ " , I , ~. , I , , I '. .:t /\ i (;1 n : ...... .............~ I............... 'I'::' ~~ ~ ~'I ~~ _ _ ~~. ~!; e~ e~ l!i I ~e ;: 2' "-t ~~ yJ~ .L ~; :} h\ __~_n_n_ I I I I I I ~ "I ~ c1 :3 f'J :-3 ~J r,; :3 t~ :] ! E~ l I I r I I I ~- f- .oS': L1J I- tl.J - 'v ,..... ....... ~l.l ~;: ~_ ;.)J I --" i' I ....1 .(~ ..L _-j ::'i I \~ I I ..../ .. " --, ,-- CJ i-- c:) ~:) '.:1: ~-- (" " J c.::: , , 1__ -,... =::- I, I L~' "~ .- ...:.( r7- CJ :~ '.:.( (::i :il LAND USE APPLICATION CITY OF HASTINGS :\ . 101 4th Street East, Hastings, MN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: 0& iI'Vl VlM+ rkl~\Js Legal Description of Property Involved: See a..~ k ~ Applicant: /k \ \ Name ~fc,~. }...Jo~6 ~C. Address ~!MA1I~;;;.r,- ~, )N6-5; Phone ;:5") - ti'n-' ~ ~tOO Fax S-l - ..) 4-1 Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance # Section App. Com. Owner (If different from Applicant): Name Address Phone Fax Request: 1wn ~1Ite.. Rezone: ... 3 Comp Plan Amend: Site Plan: Variance: Special Use: ." 1/ . Subdivision: -4 (On. 00 - r.( nal }J far Vacation: Other: TOTAL: Description of Request (include site plan, survey, and/or plat if applicable): JJ.. U~-\- '~Yl ~"",-e d(l1l8l,1'~ .: - r-~-()/ Date Signature of Owner Date L1Rt"h J; ~ ~ 'Xv ~)~Ei#r Applicant Name and Title - Please Print Owner Name - Please Print HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SUMMIT HEIGHTS PLAT WHEREAS, Greg Jablonske has requested approval of the Summit Heights which proposed a subdivision of property to 17 townhome lots. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: The Summit Heights Final Plat is hereby approved subject to the following conditions: 1. . The final plat hard shells must be consistent with the approved final plat. 2. The developer shall pay $5,270.00 in interceptor sewer charges prior to the City signing any final plat. 3. That the applicant shall pay $850 per lot, for a total of$14,450 in park dedication fees. The total may be offset by trail credit, subject to the approval of the Hastings NRRC. Adopted by the Hastings City Council on October 1 st, 2001 by the following vote: Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant/City Clerk VIII-B-3 Memo To: From: Date: Subject: Mayor Werner and City Council Matthew Weiland, City Planning Director 9/26/2001 Site Plan - Centex Homes (Century South) Centex Homes Corporation have requested site plan approval for a town home development in the Century South Residential Development. The City of Hastings has approved the Century South project. Background information from the Century South project is included in this memo. The proposed site plan includes 15 eight-plexes for a . total of 120 units. The property proposed for development is 12.97 acres in size. A site location map is enclosed. Included with this memo is the site plan, a site location map and land use application. Background Information: Comprehensive Plan Classification: The subject property is classified U-II (Urban Residential 4-8 residential units/acre) in the City's 2020 Comprehensive Plan. The proposed development density for the site plan is @ 9.2 units per acre. The larger density is allowed for this property because it is a part of the larger Century South project which has an overall density of 3.96 units per acre. This is a consistent use with the comprehensive plan. Zoning Classification: The subject property is zoned R-3 Medium-High Density Residence. The proposed development is a permitted use in this zoning district. Surrounding Properties: The property to the south is outside the current Hastings city limits and is currently farmed. The rest of the surrounding property is undeveloped property being developed as part of the Century South project. Site Access: Access to the subject property will be provided off of 36th St. This road is being constructed as part of the Century South project. Streets: There will be internal private drives connecting this project to 36th St. A condition of site plan approval shall be that all private drives and related utilities be designed and constructed according to City policies as determined by the Public Works Director. Furthermore, it shall be required that the applicant provide evidence that all private drives 1 and utilities will be maintained by a homeowner's association or other entity and not by the City. Utilities: The developer shall have separate water meters and water lines installed for all irrigation systems. Lot and Street Layout: The project is laid out rationally. No units will access 36th St directly, which is a collector road. There is a good number of visito(parking spaces located though out the project. Landscaping Plan: The landscape plan includes an overall plan as well as a typical plan for each unit. It includes a wide variety of trees and foundation plantings. The plan is well done with one exception. The driveways should be separated with a landscaped barrier. Architectural Building elevations: The proposed units will be two story homes. The units are comprised of good building materials and good architecture that will compliment the other buildings in the area. Planning Consideration: This property is well designed with a functional layout and high quality buildings and will provide good starter homes for the City. Planning Commission Recommendation: The Planning Commission recommended approval of the Centex Homes Site Plan at their 9/24/01 Planning Commission meeting, subject to the conditions listed below. Recommended Action: Motion to recommend approval of the Century South Centex Homes Site Plan to the City Council, with the following conditions: 1. The proposed structures and accessory items including, but not limited to, the cul-de-sac landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the units, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. 2. That all private drives and related utilities be designed and constructed according to City policies as determined by the Public Works Dir~ctor. 2 3. That the developer shall provide evidence that all private drives and utilities will be maintained by a homeowner's association not by the City. 4. That the developer shall install separate water meters and water lines installed for all irrigation systems. 5. 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I. ii ,5 I ., ;1 Iii Ai ~.. At ... VIII-B-4 Memo To: Mayor Werner and City Council From: Matthew Weiland, City Planner Subject: Development Agreement - Century South Date: September 26, 2001 cc: Lyman Development The Hastings City Council approved the Century South final plat at their 8/20/01 City Council meeting. This was a complex project. There were numerous issues and conditions identified with the approvals ofthis project. The conditions for approval ofthis project are to be agreed upon in a Development Agreement between the developers and the City. The Development Agreement must be signed by the two parties in order for this project to move on. Background Information: The development agreement is based on the conditions of approval for the final plat and other issues raised during the approval process. City staffs have worked with the developers of Century South to produce a development agreement that balances the concerns of all parties. Development Agreement Summary The main issues of this project focused around development fees including infrastructure improvements and parkland dedication The main issues are described below: 11. Utility over sizing and lowering. The City agrees to pay the difference in the cost of City directed oversizing and lowering of the sanitary sewer and water mains. This amount is the sum of$ $121,803.50 , and shall be paid within thirty (30) days of acceptance of the mains for use by the City. The Public Works Director may revise this number. 12. Culverts. The Developer shall pay to the City one hundred ten thousand dollars( $110,000.00) to cover the estimated cost ofa portion of the two culvert crossings along the western property line. A breakdown of theses costs are as follows: a. $100,000.00 = 50% ofthe estimated cost the southern culvert crossing. b. $10,000 = 5% of the estimated cost ofthe northern culvert crossing These funds shall be placed in a City managed escrow account. When the culverts are constructed, the developer's share of the project cost of constructing the culverts should be taken from the escrow account and the remaining funds, if any, should be returned to the developer. 13. Hwy 61 and Cannon St. intersection - The developer agrees to cost share in the Cannon St relocation project. The developer agrees to be assessed for 20% ofthe remaining Cannon St intersection relocation and improvement costs after the MnDOT participation has been deducted. The 20% cost sharing would be assessed to Blocks 2 - 7 and Outlot C. If the City decides not to proceed with the construction of the intersection improvements in 2002, the developer would be required to construct the Cannon St. turning lanes and striping as required by MnDOT, and replace the temporary Cannon St. connection to Century South with a 36 ft. wide street complete with concrete curb and gutter meeting City standards by October 15, 2002. 15. Public Land Dedication. The park land dedication for the Century South project shall be satisfied through the following conditions: a. That the Developer shall deed 10tsD, E, F, I, J, and N to the City for park land dedication. b. That the Developer shall provide the City Parks Department a park plan and agrees to pay for the proposed park improvements, in an amount not to exceed $45,000, subject to the approval of the Parks Department and the Hastings NRRC, c. That the Developer shall install, to City Standards, all trails identified on the landscape plan dated 4/4/2001. 16. Interceptor Sewer Charges. At the time the City signs the final plat for each phase of the development, the Developer agrees to pay the City the currently approved sewer interceptor sewer fee for each residential unit associated with that final plat. Please review the attached development agreement for comments. Action Requested: Motion to approve the Century South Development Agreement. Development Agreement Century South Dakota County, Minnesota This agreement is made and entered into as of the day of , 2001, bY' and between the City of Hastings, a Municipal Corporation ("City"), and Lyman Development Co. - Minnesota ("Developer"). Whereas, Developer plans to undertake the development and construction of a planned residential development in the City of Hastings, on property hereinafter described (the "Subject Property"), which development requires certain approvals by the City of Hastings; and WHEREAS, public hearings have been held allowing for comments by neighbors and other interested persons; and WHEREAS, the parties desire to memorialize their agreement concerning matters of mutual interest and concern regarding this development; and WHEREAS, it is intended that this Development Agreement shall apply to all lots and outlots within the Subject Property. NOW, THEREFORE, in consideration of the mutual agreement of the Parties and certain authorizations by the City of Hastings, it is agreed as follows: 1. Subject Property. The Subject Property is located in the City of Hastings, Dakota County, Minnesota, and proposed to be legally described as follows, to wit: CENTURY SOUTH ACCORDING TO THE RE CORDED PLAT ON FILE AND OF RECORD IN THE OFFICE OF THE DAKOTA COUNTY RECORDER. 2. Authorization to Plat. Developer warrants that it owns the subject property and is authorized by virtue of said ownership to develop it without consent, participation or permission of any other person or entity. Developer further warrants that it has the authority to enter into a development agreement and to perform the conditions herein. 3. Private Roads. All private drives and related utilities shall be designed and constructed according to City policies as determined by the Public Works Director. The Developer shall provide evidence that all private drives and utilities will be maintained by a homeowner's association and not by the City. 1 4. 39tR ~~~. That tRe pwpggeg 39th. ~~~ gllall Be ~~pl~eg '\V~ tempgrat:,' gr peaR:m:em rgag gYrfa~e mmag th.e firgt pllage gf ge~.'elgpmeRt. ~. Street Name Changes. That the final plat shall be modified to change the following street name; A. _^_. Park Circle, a private street, shall be renamed Marmik Circle. 5. Marmik Circle. That the proposed Marmik Circle shall be completed with temporary or permanent road surface during the first phase of development. 6. Streets. A. Grading. Streets shall be graded to the full width of the right-of-way in accordance with street grades submitted to and approved by the Public Works Division. All street grading and gravel base construction will be in accordance with specifications on file in the Public Works Division. Grading will be complete prior to installation of applicable underground utilities, either private or public in nature. Gravel base construction shall be undertaken after completion of the installation of underground utilities. B. Surfacing. Following Public Works Division approval of street grading and after utility installation, streets shall be surfaced and provided with concrete curbs and gutters in accordance with the latest recommended plans and specifications prepared by the Public Works Division, approved by the Council, and on file at the City. C. Boulevard Sod - The Developer shall install a 3 ft strip of sod directly behind the curb as part of the street construction process. This boulevard sod strip shall be planted prior to the development being approved for building permits. If weather or sod supply does not allow the sod to be installed before building permits are requested, then the Developer shall provide the City a letter of credit for the sod installation and shall install the sod as soon as feasible. Boulevard areas that are also within Conservation Areas shall be planted in accordance with the landscaping plan for Century South. 7. Sidewalks and Mailboxes. A. Grading of boulevards in all new developments shall be accomplished so as to accommodate construction of sidewalks thereon regardless of whether said boulevard is part of the Sidewalk Plan on file at City Hall. Any sidewalk located in the plat shall be dedicated to the public. Any sidewalks constructed in any subdivision shall be in accordance with specifications established by the Public Works Division. 2 Sidewalks shall be a minimum of five feet in width, and located one foot off the property line in the street right of way. B. All single-family homes, duplexes, 4-plexes, townhomes, and townhouse quadraminiuins developed as part of plats approved after January 1, 1994 shall be required to have mail delivery serviced by United States Postal Service approved Neighborhood Delivery and Collection Box units or similar City approved grouped boxes. Individual mailboxes will be permitted only upon receiving handicap exemption status from the Hastings area office of the United States Postal Service, with appeal rights to the St. Paul district office of the United States Postal Service. Mailbox unit foundations and concrete pads shall be constructed with the development's street improvements, and in accordance with the latest recommended plans ~d specifications prepared by the Public Works Division and on file at City Hall. The Public Works Director in consultation with the U.S. Post Office and the Developer will determine the location and number of mailbox units. 8. Specifications - Inspections. A. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. B. Grading Inspection - All development site grading one acre in size or larger shall be inspected by a City designated grading inspector, who will review aild inspect maintenance of erosion control measures and compliance with City standards, and the approved grading plan and specifications. The Public Works Director has determined the estimated cost of inspection services, and Developer has deposited with the City the sum of $20,000 in escrow to pay for such services. The City will disburse all grading inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge an amount equal to 10% of the invoiced inspection fees to cover City overhead and administrative costs connected to the consultant inspection services. Any excess escrow funds will be returned to the Developer upon completion of the grading project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to 3 cover the estimated overage. The Uniform Building Code grading permit fee will be waived for those grading projects that require a grading inspection cash escrow. C. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot corners, critical elevations in drainageways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. D. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director has determined the estimated cost of inspection services, and the Developer has deposited with the City the sum of $180,000.00 in escrow to pay for such services. The City will disburse all improvement inspection costs incurred from these escrowed funds, and furnish the Dev<?loper with copies of all invoices received. The City will also charge an amount equal to 10% of the invoiced inspection fees to cover City overhead and administrative costs connected to the inspection services. Any excess escrow funds will be returned to the Developer upon completion and acceptance of the improvement project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. E. As-Built Improvement Plan - Upon completion of the required public improvements, the City's consulting inspector shall prepare a record as-built drawing of the constructed improvements. F. All construction shall be in accordance with plans and specifications approved by the Public Works Division. G. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. H. The Developer complete the required improvements within a two-year period. 9. Required Surety. A. Developer Financed and Constructed hnprovements: Developer has provided the City with a letter of credit in the amount of $3,478,000, which is 125% of the estimated 4 cost of furnishing and installing the required improvements. This surety shall be used to cover failure of the Developer to construct the improvement in accordance with the approved plans and specifications and City standards, or failure complete the improvements as approved. Developer may obtain a reduction in the letter of credit as the improvements have been completed and accepted by the City provided that the letter of credit may not be reduced below 20% of its original amount until Developer has submitted its Maintenance Bond. B. Maintenance Bond: Prior to accepting or approving the completed Developer financed and constructed grading arid/or street and utility improvements, the Developer must submit a maintenance bond from his contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. 10. Utilities. The Developer shall modify the utility plan according to the following items, subject to the approval of the Public Works Director. A. The Developer shall have a separate water meter and water line installed for all common area irrigation systems. B. The sanitary sewer mains shall be sized and constructed at a depth to accommodate future sanitary flows for future growth outside the City. 11. Utility over sizing and lowering. The City agrees to pay the difference in the cost of City directed oversizing and lowering of the sanitary sewer and water mains. This amount is the sum of $ $121,803.50 ~9;4B.75, and shall be paid within thirty (30) days of acceptance of the mains for use by the City. This number may be revised by the Public Works Director. 12. Culverts. The Developer shall pay to the City one hundred ten thousand dollars( $110,000.00) to cover the estimated wr tRe_ cost of a portion of the two culvert crossings along the western property line. A breakdown oftheses costs is as follows: a. $100,000.00 = 50% of the estimated cost the southern culvert crossing. b. $10,000 = 5% of the estimated cost ofthe northern culvert crossing These funds shall be placed in a City managed escrow account. When the culverts are constructed, the developer's share of the project cost of constructing the culverts should be taken from the escrow account and the remaining funds, if any, should be returned to the developer. 13. Hwy 61 and Cannon St. intersection - The developer agrees to cost share in the Cannon St relocation project. The developer agrees to be assessed for 20% of the remaining Cannon St intersection relocation and improvement costs after the MnDOT participation has been deducted. 5 The 20% cost sharing would be assessed to Blocks 2 - 7 and Outlot C. Ifthe City decides not to proceed with the construction of the intersection improvements in 2002, the developer would be required to construct the Cannon St. turning lanes and striping as required by MnDOT, and replace the temporary Cannon St. connection to Century South with a 36 ft. wide street complete with concrete curb and gutter meeting City standards by October 15,2002. 1~. Property Monuments. Steel Monuments shall be placed at all block corners, lot corners, angle points, points of curves in streets, and at intermediate points as shown on the Final Plat. Such installation shall be the Developer's expense and responsibility. All U.S., State, County, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The Developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 14~. Public Land Dedication. The park land dedication for the Century South project shall be satisfied through the following conditions: a. That the Developer shall deed lots D, E, F, I, J, and N to the City for park land dedication. b. That the Developer shall provide the City Parks Department a park plan and agrees to pay for the proposed park improvements, in an amount not to exceed $45,000, subject to the approval of the Parks Department and the Hastings NRRC, c. That the Developer shall install, to City Standards, all trails identified on the landscape plan dated 4/4/2001. 1S.~. Interceptor Sewer Charges. At the time the City signs the final plat for each phase of the development, the Developer agrees to pay the City the currently approved sewer interceptor sewer fee for each residential unit associated with that final plat . S~7 ~ght t,Rgw;:md eight llYnd.red p"7eR~7 ~ }Jg/l gg ($~g,g2Q.QQ) fur iRt~eptQf se-'.ver ~llar-ges. This tgt:il is gaged e];1 a r-ate ef$31g.Qg fer tile 211 p;gpgsed tml.ts. I~Z. Zoning Classification. Subject property has been zoned R-3 Planned Residential Development zoning classification. Developer shall adhere to all standards for the zoning district, which are not in effect and amended from time to time. 18.+.. Requirements for A Building Permit A. 4^_. No building permits shall be granted on the platted property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions of plat approval have been met. In a case 6 where the City of Hastings is a party to the platting, a copy ofthe plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. B. No building permit for any lot shall be granted until such time that the Developer provides the City with a certified survey indicating that the lot has been graded pursuant to the approved elevations shown on the preliminary and final plats. }TQ QyilQing p@SRit fgr ~71Qt shall Q~ gr:mt~Q Yntil ~:rQ~h tHR~ that th~ D~'.'~IQPw pt:Q'.'iQ~g th~ C~7 '.vi1R a ~ertifi~Q gYfV~7 m.~atiRg that th~ IQt ~ag QieR gr~iQ p~\l:mt tQ thi appr.Q'.'iQ il~YatiQRs dlQ,,',CR. QR thi pr~limiRary:mQ HRal platg. ca. No building permits, except for approved sales models, shall be granted on platted property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted li,2. Sales Models. The City will permit ~e construction of model homes. Building permits for model homes may be taken out after water service is provided to these lots and a temporary access road is in place. The issuance of the building permit is subj ect to the approval of the Building Official and Fire Marshall. Certificate of surveys and full building plans are required as part of these building permits. .ul20. Occupancy of Sales Units (Model Homes). Sales units must receive a sales certificate of occupancy before they are used as models, subject to the approval of the Building Official and the following conditions: Hard surfaced roads with curb and gutter shall be installed to the sales units. Adequate parking for visitors is available on a gravel or hard surface. Lighting is operable for any evening activities. The entire dwelling, interior and exterior, is complete, landscaping is underway, and all utilities are complete and accepted by the City. 20.!. Occupancy of Dwelling Units. No permanent occupancy of any dwelling unit in the subject property shall occur until the City has accepted all utilities servicing the dwelling and until the base course of pavement has been installed on streets providing access to the dwelling. u~. Maintenance of common open space and ponding basins. The Developer shall provide documentation that a private owner's association, and not the city, shall provide regular maintenance of common open space and ponding basins. 7 ~~. Conservation Areas. A 75 ft agricultural buffer along the southern property line shall be maintained as open space. Fence posts shall be installed along the southern property line to identify the property boundaries. Restrictive covenants will be recorded with the deeds of the lots that include the agricultural buffer. Markers shall be installed on the property to identify the agricultural buffer area. 2~. Greten Court Cul-De-Sac Island. Developer shall provide documentation on the private maintenance of the cul-de-sac island to be recorded with the plat and development agreement. 24~. Site Plan Review. All town home sites in the project shall be required to go through the site plan review process, before they are approved. 26,s,. Outlots. Outlots shall be re-platted before they can be developed. 2~7... Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 2~~. Recording of Agreement. An original executed copy of this agreement shall be filed with the Dakota County Recorders Officer, for the purpose of providing notice to all subsequent purchasers of any portion of the Subject Property ofthe provisions ofthis Agreement. 2i9. Miscellaneous. A. Any breach of the terms ofthis Agreement by Developer shall be grounds for denial of building permits for construction in the subject property. B. If any portion of this Agreement is held invalid for any reason, that decision shall not affect the validity of the remaining portions of this Agreement. C. The action or inaction of the city shall not constitute a waiver or amendment provisions of this Agreement. All amendments or waivers to this Agreement shall be in writing, signed by all parties and approved written resolution of the City Council. day of , 2001 Dated this City of Hastings, A Minnesota Municipal Corporation 8 By: Michael D. Werner, Mayor By: Melanie Mesko, City Clerk SEAL Lyman Development Co. By: James E. Hurd Its: President and By: James W. Johnston Its: Vice-President 9 Acknowledgment State of Minnesota ) )ss. County of Dakota ) The foregoing instrument was acknowledged before me this day of 2001, by Michael D. Werner and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a Minnesota Municipal Corporation. Notary Public State of Minnesota ) )ss. Count of ) The foregoing instrument was acknowledged before me on this _ day of ,2001 by James E. Hurd and James W. Johnston, the President and Vice-President of Lyman Development Co., a Minnesota corporation, on behalf of the corporation. Notary Public This instrument drafted by City of Hastings 101 E 4th St Hastings, MN 55033 10 " , VIII-B-5 MEMO To: From: Date: Re: Mayor Werner and City Council Kris Jenson, Associate Planner September 25,2001 Home Occupation Permit Fee Reduction Request Dorothy Loesch, 1101 Hillside Street, operator of the Oak Ridge Beauty Shop, intends to close her business at the end of the year and has requested permission to pay a reduced annual fee for her home occupation permit. Home Occupation Permits are licensed from July 1 - June 30. Mrs. Loesch is requesting to pay a $25 fee rather than the full $50 annual fee. A letter from Mrs. Loesch is included with this memo. Staff does not pro-rate the annual fee for businesses which start after July 1; however, Staffhas never had a request to prorate the fee due to business closing. " \ ~ ~~~~ . il;: /2-//,// ~~: .~1~' tr ik tth ~4w,~ . ~ Ju tL ;tL~ -;t; n- !;[l~"!" rt~ .. ~~ 1}::'.'::": .... - H t:j:;:::'-,\\~,\:;::::.:/:~.'.,,\:,\/!:/ '~;;~::;~<-.::'.~:: . - .,;..,\\...,....'...\',.......,.,..'.-., . /- / c-vJ. - ~ \. ~'. :..[..\.."}\\;},;~~}:;;;::\:.i:'i.;;::::;.:., tA (/ /~1J :(~":"".'...' . . . . . .. l tt~ ~~ l(h~~ SWr2t4~ - -nr~i ~~/;~c?Z;~~ 1 7:4 ~~~~~. . ~t:tv,7udI~ ~ t- z7U M. ~ Ji-h~~ pL . ~ )1j:;I- &4- AAu ffl ~ ~~ ~) ~~~~~7h--z?~ );J:::j~~H~)~~ : ~~~~J~~. ~ -- rxfln ~ .,XJ~ ~ I-- '~ &J( ..' {l ,L VIII-B-6 Memo To: Mayor Werner and City Council From: Matthew Weiland, Planning Director Subject: APL Fabricators Purchase Offer - Lot 5 and 6, Block 1, Hastings Industrial Park N06 Date: September 26,2001 CC: Todd Spaeth Todd Spaeth of APL Fabricators has offered to purchase 2.31 acres of land in the Industrial Park. The lot is legally described as - Lot 5 and 6, Block 1, Hastings Industrial Park No 6. He has also requested the Land Credit Program. He is estimating that he will add at least 5 new jobs over the next 5 years. I have enclosed his application for the land price subsidy, a proposed site plan, building elevations, and a site location map. Back2round Information The applicant is proposing to construct an 15,000 sq. ft building. The building will include offices, bathrooms, fabricating space and 5000 sq. ft oflease space. APL Fabricators is a custom plastic laminate countertop and commercial case work fabricator. This use would be allowed in the Industrial park. The preliminary site plan and building elevations meet the design guidelines for the Industrial Park. The front of the building is well done including brick and a good use of windows. Further landscaping will enhance this site. This project would require the following items before final approval could be granted: 1. Site Plan Approval 2. Development Agreement 3. Building Plans approval Closing the land sale would be contingent on Staff and City Council approvals for items listed above. Industrial Park Board Recommendation: The Industrial park board recommend preliminary approval of the land sale and land credit program for APL fabricators at their 9/20/01 Industrial Park Board meeting. EA W- Barton Sand and Gravel Page 2 Requested Action: Motion to recommend preliminary approval of the land sale and land credit program for Lot 5 and 6, Block 1, Hastings Industrial Park No 6 To APL fabricators. :;f Cir Cir :J ~ l3) en c: :2 ~ 0~Z m ~~~~~9~~~~~1 iiif~w~ifll~ .i ~~ ~~ Ii ~ ""!f ;ti: ...... l ~ i ~ !l i co ~ firbJO ~......r S' c:.n "U co+c en a z~O)::r OOJ~ ~~~ ~ ...),. CD 0) .., INFORMATION FOR LAND PRICE SUBSIDY AGREEMENT 1. Name, address, phone of developer (the persons or entity that will be the owner of the land) !\fL t:=~~ -:LNG. 2. Developer's type of entity (corporation, partnership) recorded with the Secretary of State C-<?~.U\ 3. Developer's Federal Tax ID nwnber 4\ -. \Bi014 t 4. Full names and title (president, etc.) of those signing agreement for the developer \D~P M~ Sp.~ (Ff1~'G>e.J.-rr) 5. Property: the acreage and legal description of the city property to be sold (2.1): .. . . 'Z ..~ \ Aa:f-~ . J 6. The market value of the property to be acquired. (3.2) . i.s:2..c Jf I DO , 4?2. ~ ~ - 7. The agreed purchase price (3.2) * Z- .:0 8. Difference between purchase price and market value of the property, the subsidy (3.8): ~ lOb Lell ~ 9. Date to whicl! payment is deferred (3.8) ZDDla 10. Costs to be paid before or at closing (3.4,3.5) (examples listed, note any changes) a. By City: Title update or abstract continuation Boundary survey of parcel Deed Tax Conservation Fee b. By developer: Purchase price Title insurance connnitment Survey for elevations & site plan >>. Enviromnemalphaselnrequired Attorney and consultant fees for agreements, financial reviews and applications Recording fees for deed mortgage & development agreement 11. Proposed size and market value of buildings to be constructed on the property(2.2) \ 5D' '" lCD' : (~'l~DJCOD ) 12. Prop~sed annual payroll (increase over existing) on the property in five years (2.2) . ~ Z, \QC06 13. Estimation of credits (3.8) See examples in summary. a construction credit exampl~75 06-0 ;" } ~ 4?"4 [)(X) b.jobs credit example ~ s1 ~ I 2 \0 --: 2. 7 000 .~ -, II ;( 5,4-00:.:- R"' 42-1 00 d 14. Job and wage goals to be reported to Minnesota Department of Trade & Economic Development. (3.9) to comply with Business Subsidy Act. a. Number of new jobs created by the business two years from occupancy: Z. b. Hourly wage of new jobs to be no less than: Jf ),Zo~ 15. Construction (4.3) a. Building construction costs (include parlci11g lots, not land):4 .7S0, 060 b. Approximate beginning and completion dates of construction and all site work: l\-i-O\ 16. If the developer is not the same entity as the business which will occupy the building and provide the job creation, provide the following for each tenant: a Business name b. Address and phone c. Names and titles of owners of the business d. Type of entity recorded with state ....... e. Tax ID number of business. t:. Nature of the business (what product, process, material) g. Percent of building space to be occupied by ~usiness ,. . h. Number of the jobs given above (14) that this business be responsible for: 17. Recent history of the business or ifnew, the owner's experience in the business and/or resume (Use separate page and business letterhead ifavailable). 18. Business references, contact person and phone number: a banker I cpS ~UA-L- ~~ ( p~~ !vi .) 4"31b- ~O~ b. supplier \-\Di...P~H ~ L.D~ i;,~ ~~ ~~ U 1'2. - ~ ~"3 - ., \ l \ c. customer C-e-"""'C"'b~ 1l.e~ -- -s44 -~~c;;;o 20. Project finances a Uses offimds b. Sources offunds fees $ 1'2(2$"0 developer's cash $ soft costs $ t;, 500 construction $ e 5 Z I 1. SO loans (by lender) -..l7 a It k:. equipment $ 504 $ ~4ol 000 $ ~ sz ( ()() 0 $ $ 8g1 ooc.) 88o} 00 c.J Totals: $ 88>01000 public fimds (not land) I:::l-V\d 21. List all lenders, contact persons, pho~e numbers 15,.. ~ ~,l(Y'('-JA L 22. List all sources and amounts of public assistance ~cluding land, government loans and grants (including those you have or may apply for) LMJ./b f~ ~~~x f(2.0brP~, 23. The developer will have to provide business financial records to a consultant hired by the City. The infonnation will be confidential to full extent the law provides. @ Any lawsuits or actions pending against the developer, businesses) or partners? NO 25. Name, title, signature of person providing the above infonnation. f~D€,U;~ date 1-/"7 -0 J 6 ~ " VIII-B-7 Memo To: Mayor Werner and City Council From: Matthew Weiland, City Planning Director Subject: Site Plan - Nova Frost (Commerce Ct) Date: September 26, 2001 cc: Frank Frost Frank Frost of Nova Frost Inc, has made application and requested site plan approval for a new business to be located in the industrial park. The lot is legally described as Lot 3, Block 1, Hastings Industrial Park No.3. The City Council recommended approval for the land sale program and their 6/18/01 City Council Meeting, based on several conditions. One of the conditions of the land sale was the approval of a final site plan. Included with this memo are the following: Site Plan and a Site Location Map. Background Information: 1. Comprehensive Plan Designation: The subject property is guided Industrial in the Comprehensive Plan. The warehouse/office development proposed is a consistent and permitted use for this land use designation. 2. Zoning: The property is currently zoned 1-1 Industrial Park. Office, manufacturing, and warehousing uses are a permitted use in this zoning district. 3. Existing Conditions: The property is currently undeveloped. 4. Proposed Conditions: The applicant is proposing to construct a 1920 sq ft office building and a 2,560 sq ft garage/warehouse. The applicant is moving his existing business to this location. 5. Adjacent Land Uses: The Hastings Industrial Park surrounds this property. " ;. Page 2 Site Plan Proposed Uses and Lot Layout: The building and parking lot are laid out in a rational manner. Site Access: The access for the site will be off of Commerce Dr and Commerce CT. Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance parking lot setback requirements, Building Setbacks: The building setbacks are determined through site plan review for this zoning district. The setbacks are appropriate based on the this building and other buildings in the area. It is the opinion of Staff that the proposed building is rationally sited relative to the parking lots and the site itself Number of Parking Spaces: The site plan is indicating that the minimum parking requirements for this site can be met. The site plan indicates that future parking could be added if necessary based onjob growth. Sanitary, Water, Storm Sewer and Grading Plans: The site plan has to be modified to illustrate the size, location, and elevation of the water and sewer lines. The applicant Is required to provide sanitary service to this site from Commerce Dr. The size of the Commerce Dr culvert shall be increased to 30 inches. Site Landscaping: The landscaping plan for the project shall be modified to add trees every 50 ft along the roads. The slopes shall be planted with materials capable of establishing good erosion control. Site Plan Issues: The proposed development is meeting the minimum standards of the design guidelines for the Industrial Park. Some of these features include curbed parking lots, improved landscaping, and improved building design. Building Elevations: The building elevations are meeting the minimum standards design guidelines for the Industrial Park. Industrial Park Board Recommendation: The Industrial Park Board recommended approval of the Novefrost site plan at their 9/20/01 Industrial Park Board meeting. Recommended Action: Site Plan Motion to Recommend to the approval of the Novefrost site plan Site Plan, subject to following: Page 3 1. That the proposed structure and accessory items including, but not limited to, the parking lot and landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan Shall be addressed pursuant to city code escrow requirements. 2. That the site plan shall be modified to illustrate the size, location, and elevation of the water and sewer lines. 3. That the size ofthe Commerce Dr culvert shall be increased to 30 inches. 4. . That the site plan shall be modified to illustrate trees are added every 50 ft along Commerce Dr and Commerce Ct . (]) co en 'V UT""~ fa ~ co .....loa... ~ou s....D) C co - a..ria --c co 0'- .t: - _.....1(1) (I) co -6 I c ~ : ~ ! f I i ~ i ~ ~ -g : 1 I ! ~ &5 1 ~~ '::El CD K ~i .el"il!'~ ..J ~ 00 ~~~~~~ ii ~o ~~.;,~~~ ~ !1.IIIOOOEflOI w z-<:r. ~ .. .f i ii , g " . I: ...'. ~ >. (]) c: :J (I) co - o c .~ .~ ..c I- ~c~-l~-~~~l 11;44 b::>l 4..:s~ ~b~..:s ..........~ ~. ~ .l~ t .. .. H~ ::g !i:( ~ ..~ ;: It ~ :: ::a :: O! w U ~ :l H~ ~ .. .. .. il o. .. H ii ~ ~a~.___~U 0::'1 438 8583 ~ 0 ld..:S/08 ~ .... .,.:.... ' wi z 0/) Ii .;.; "'": ;~t z 2i Q ~: :.: <{ i" ..l m m u ~~ ~; u. w 6 > :1 i !:! :J; In if d ~> :t ::!: " i~i .; \) ! ~ a r i ... ! ~~ .: ~.. . 8 - If ~6~ ~ ! ~ Hi .q .. .. :> "'I :U a~ hi Gi ~ L H li!U, lid <l _ ). ~ !l > . o "t Z Q ....!: .. H :: .. :; .. .. .. :: % gg :: ~. :: >. 2 :: ~ .- ;!! UJ ! ,I:!r III U g ;t 'H 0: ~ . .. .. H !i --. ......H Ii u ..................."\0& E ~ . . ~ ... .q: . ~ ~ ~ t' ii1::; , ~ ~ I ' '~ ~ .---.....1; .. .........t! .. .. .. II H .. H :: % n 9 . Ii ~ q Ii Gi ~ :: Ii! ;;0 1i Ii: ~ II ~ ; ;: .. II ..........,; o J .J :S d3 o ffi ~ 5~ ~~:l ~"'~ .tll!j, lil~8 h~ , VIII-C-1 { MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council members Dave Osberg, City Administrator September 27, 2001 Cable Television Franchise Ordinance-Second Reading and Public Hearing Recommended City Council Action It is recommended that the City Council take action approving the second reading of the attached cable television franchise ordinance, after completion of the public hearing, which is scheduled for the October 1, 2001 City Council meeting. Background Throughout the last several months, Staff has been working with Brian Grogan, the City's attorney from Moss and Barnett, on cable television issues, during negotiations with Media One, on a new cable television franchise ordinance. The attached ordinance is a culmination of numerous meetings, negotiations and compromises on the cable television franchise ordinance. I have also attached a copy of the summary document that Mr. Grogan prepared outlining some of the changes in the ordinance, as well as the summary of the ordinance that will appear in the newspaper, once the ordinance is adopted. Brian Grogan will appear at the City Council meeting on October 1, 2001 to address the ordinance and answer questions from the City Council and public. City of Hastings City Council Public Hearing Notice Notice is hereby given that the Hastings City Council will conduct a public hearing at 7:00 PM on Monday October 1, 2001 in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota, for purposes of hearing public comment on the proposed Cable Television Franchise Ordinance. All persons interested in commenting on the proposed Ordinance will be given an opportunity to do so at the public hearing. A copy of the Ordinance is available for review at the Hastings City Hall during normal business hours. David M. Osberg City Administrator Publish: September 20, 2001. DRAFT SUMMARY FOR PUBLICATION On , 2001 the City Council for the City of Hastings, Minnesota ("City") has before it for consideration a Cable Television Franchise Ordinance ("Ordinance") for MediaOne of the Upper Midwest, Inc., d/b/a AT&T Broadband ("AT&T"). The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable television service for the public by providing requirements for cable television with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive Ordinance to AT&T to operate and maintain a cable television system within the City and contains specific requirements for AT&T to do so. The Ordinance includes the following: 1) requires AT&T to maintain a 750 MHz capacity cable system; 2) imposes a franchise fee of five percent (5%) of annual gross revenues; 3) establishes a fifteen (15) year franchise term; 4) requires AT&T to continue providing three (3) channels available for public, educational and governmental programming requires AT&T to provide support of $1.25 per subscriber per month for such programming throughout the term of the Ordinance; 5) requires AT&T to continue to provide the existing institutional network; 6) requires a letter of credit in the amount of $7,500; and 7) requires a Corporate Guaranty to ensure the payment and performance of debts, liabilities and obligations contained in the Franchise. It is hereby determined that publication of this title and summary will clearly inform the public of the intent and effect of Ordinance . A copy of the entire Ordinance shall be posted at the Hastings City Hall. It is hereby directed that only the above title and Summary of Ordinance conforming to Minn. Stat. 9331A.Ol, with the following: be published, NOTICE Persons interested in reviewing a complete copy of the Ordinance may do so at the office of the City Administrator, City Hall, 101 East Fourth, Hastings, Minnesota 55033. Yes No Mayor Councilmember Councilmember Councilmember Councilmember Passed by the Hastings City Council this _ day of ,2001. Mayor ATTEST: City Clerk 449364/1 ", MOSS & BARNETT A Professional Association MEMORANDUM TO: David Osberg, City of Hastings, Minnesota FROM: Brian T. Grogan CLIENT: 23066.6 DATE: September 14, 2001 RE: Introduction of Cable Television Franchise Ordinance Per your request, I have outlined below comments for your use in introducing the above-mentioned topic to your City Council. The City Council for the City of Hastings, Minnesota ("City") has before it for consideration a Cable Television Franchise Ordinance AT&T Broadband. The Ordinance serves two purposes. First, it is intended to provide for and specify the means to attain the best possible cable television service for the public by providing requirements for cable television with respect to technical standards, customer service obligations, and related matters. Second, it grants a non-exclusive Ordinance to AT&T to operate and maintain a cable television system within the City and contains specific requirements for AT&T to,do so. ' The Ordinance includes the following: 1) requires AT&T to maintain a 750 MHz capacity cable system; 2) imposes a franchise fee of five percent (5 %) of annual gross revenues; 3) establishes a fifteen (15) year franchise term; 4) requires AT&T to continue providing three (3) channels available for public, educational and governmental programming requires AT&T to provide support of $1.25 per subscriber per month for such programming throughout the term of the Ordinance; 5) requires AT&T to continue to provide the existing institutional network; 450748/1 David Osberg September 14, 2001 Page 2 6) requires a letter of credit in the amount of $7,500; and 7) requires a Corporate Guaranty to ensure the payment and performance of debts, liabilities and obligations contained in the Franchise. If you have any questions or need additional information, please feel free to contact me. 450748/1 CABLE TELEVISION FRANCHISE ORDINANCE FOR MEDIAONE OF THE UPPER MIDWEST, INC. CITY OF HASTINGS, MINNESOTA September 4,- 2001 Prepared by: . Brian T. Grogan, Esq. MOSS & BARNETT A Professional Association 4800 Wells Fargo Center 90 South Seventh Street Minneapolis,MN 55402-4129 (612) 347-0340 TABLE OF CONTENTS ORDINANCE NO. .................................................................................................... .1 STATEMENT OF INTENT AND PURPOSE ................................................................................1 FINDINGS SECTION 1 1. 2. SECTION 2 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. SECTION 3 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. SECTION 4 1. 2. 3. 4. 347380/6 ................................................................................................................................. .1 SHORT TITLE AND DEFINITIONS .....................................................................1 Short Title............................................................................................................... 1 Definitions............................................................................................................... 2 GRANT OF AUTHORITY AND GENERAL PROVISIONS ...............................5 Grant of Franchise................................................................................................... 5 Grant of Nonexclusive Authority............................................................................ 5 Lease or Assigmnent Prohibited ................. .................................... ............ ....... ..... 5 Franchise Term....................................................................................................... 6 Previous Franchises. ............................................................................................... 6 Compliance with Applicable Laws, Resolutions and Ordinances ..........................6 Rules of Grantee ............ ........ .................................. ............... ........ ......... ............... 7 Territorial Area Involved .................... ............................ ................ ...... ..... ......... .... 7 Written Notice......................................................................................................... 7 Ownership of Grantee ..... .... ....... ............ ............................. .............. ........... ........... 8 CONSTRUCTION STANDARDS.......................................................................... 8 Registration, Permits Construction Codes and Cooperation................................... 8 Use of existing poles or conduits ............................................................................ 8 Minimum Interference ........... ..... ........... ........... ............. ...................... ............ ....... 9 Disturbance or damage. ......... ...... :... ..... ...... ......... ................ ........... ........... ......... .... 9 Temporary Relocation............................................................................................ 9 Emergency. ..................... ............ .......................................................................... 10 Tree Trimming ... .................................................................. ........... ........ ... ........... 10 Protection of Facilities .. ................ ............................................................. ........... 10 Installation records................................................................................................ 10 Locating Facilities................................................................................................. 10 City's rights........................................................................................................... 11 Facilities in Conflict.............................................................................................. 11 Interference with City Facilities...................................................... ...................... 11 Interference with Utility Facilities ........................................................................ 11 Collocation............................................................................................................ 11 Safety Requirements............................................................................................. 12 DESIGN PROVISIONS ....................................................................................... .12 System Upgrade: Minimum Channel Capacity ................................................... 12 Interruption of Service ............................ .............................. ............... ....... ..... ..... 12 Technical Standards...............................................................................;.............. 13 Special Testing...................................................................................................... 13 5. Drop Testing and Replacement........... ........................... ........ ........ ...... ....... .......... 13 6. FCC Reports ....... ...................... ................................................. ............. .............. 14 7. Line Extension ... ........... ............................................................... ......... ................ 14 8. N onvoice Return Capability ................................................................................. 14 9. Lockout Device................................. .................................................................... 15 SECTION 5 SERVICE PROVISIONS .... .................................................... ........... .................. .15 1. Regulation of Service Rates .............................................................. ......... ..... ...... 15 2. Non-Standard Installations.................................................................................... 15 3. Sales Procedures ............................................. ............... ....... ........ ....... ............. .... 15 4. Consumer Protection and Service Standards ........................................................ 15 5. Subscriber Contracts ...... .................................................................... ........ ........... 18 6. Refund Policy............................... ......................................................................... 18 7. Late Fees............................................................................................................... 18 SECTION 6 ACCESS CHANNEL(S) PROVISIONS ...............................................................18 1. Grantee Support for PEG Access.................................................................. ........ 18 2. Subscriber Network Drops to Designated Building.............................................. 20 SECTION 7. INSTITUTIONAL NETWORK. (I-NET) PROVISIONS.......................................21 SECTION 8 OPERATION AND ADMINISTRATION PROVISIONS ...................................23 . 1. Delegated-Authority ....... ............ ........... ...................... ......................... ...... .......... 23 2. Administration of Franchise ........................................................... ........ ... .... ....... 23 3 . Franchise Fee........................................................................................................ 23 4. Not Franchise Fees.................... ..................................................... ... ... ................. 24 5. Access to Records................................................................................................. 25 6. Reports and Maps to be Filed with City ............................................................... 25 7. Periodic Evaluation.. .....................,........................................ ........... ....... ....... ....... 25 SECTION 9 GENERAL FINANCIAL AND INSURANCE PROVISIONS ............................26 1. Performance Bond ......................................................... '" ..... ............. .................. 26 2. Letter of Credit...................................................... ................. ............... ..... ........... 27 3. Liability Insurance ............................................. ................... ............. ..... .............. 29 4. Indemnification............................ ......................................................................... 30 5. Grantee's Insurance ........ ..................................................... .......... ......... .............. 30 SECTION 10 SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE.......................................... .............................................................. .31 1. City's Right to Revoke.......................................................................................... 31 2. Procedures for Revocation....................................................................................31 3. Abandonment of Service................. .................................. .................... ..... ........... 31 4. Removal After Abandonment, Termination or Forfeiture.................................... 32 5. Sale or Transfer of Franchise ......................................................... ....................... 32 SECTION 11 PROTECTION OF INDIVIDUAL RIGHTS ........................................................34 1. Discriminatory Practices Prohibited ..................................................................... 34 347380/6 2 2. Subscriber Privacy.............,........... ................ ........... ............ ...... ............. .............. 34 SECTION 12 UNAUTHORIZED CONNECTIONS AND MODIFICATIONS.........................34 1. Unauthorized Connections or Modifications Prohibited ...................................... 34 2. Removal or Destruction Prohibited ...................................................................... 34 3. Penalty.................................................................................................................... 34 SECTION 13 MISCELLANEOUS PROVISIONS........................... ...... .... ............ ........... ..........34 1. Franchise Renewal.... ..... ............... ....................................... ...................... ........... 34 2. Work Performed by Others........... ...... ................. ..... .................... ........ ................ 35 3. Amendment of Franchise Ordinance ........... ........ .......... ....... ..................... ........... 35 4. Compliance with Federal, State and Local Laws.................................................. 35 5. Nonenforcement by City .......... ..... ................ .............................. .................... ...... 36 6. Rights Cumulative ........................................ ....... .......... ... ......... ..... ................. ..... 36 7. Grantee Acknowledgment of Validity of Franchise .............................................36 8. Confidential and Trade Secret Information .......................................................... 36 SECTION 14 PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS ..........37 1. Publication, Effective Date ......................... ........................................ ...... ............ 37 2. Acceptance ....... ........... ............................................. ........ ....... .... ...... .... ... .... ......... 37 EXHIBIT A Corporate Guaranty 347380/6 3 ORDINANCE NO. AN ORDINANCE GRANTING A FRANCHISE TO MEDIAONE OF THE UPPER MIDWEST, INC., TO CONSTRUCT, OPERATE, AND MAINTAIN A CABLE COMMUNICATIONS SYSTEM IN THE CITY OF HASTINGS, MINNESOTA SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF THE FRANCHISE; PROVIDING FOR REGULATION AND USE OF THE SYSTEM AND THE PUBLIC RIGHTS-OF-WAY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS HEREIN; The City Council ofthe City of Hastings, Minnesota ordains: STATEMENT OF INTENT AND PURPOSE City intends, by the adoption ofthis Franchise, to bring about the further development of a Cable System, and the continued operation of it. Such development can contribute significantly to the communication needs and desires of the residents and citizens of City and the public generally. Further, City may achieve better utilization and improvement of public services and enhanced economic development with the development and operation of a Cable System. Adoption of this Franchise is, in the judgment of the City Council, in the best interests of City and its residents. FINDINGS In the review of the request for renewal by Grantee and negotiations related thereto, and as a result of a public hearing, the City Council makes the following findings: 1. Grantee's technical ability, financial condition, legal qualifications, and character were considered and approved in a full public proceeding after due notice and a reasonable opportunity to be heard; 2. Grantee's plans for operating the Cable System were considered and found adequate and feasible in a full public proceeding after due notice and a reasonable opportunity to be heard; 3. The Franchise granted to Grantee by City complies with the existing applicable Minnesota Statutes, federal laws and regulations; 4. The Franchise granted to Grantee is nonexclusive. SECTION 1. SHORT TITLE AND DEFINITIONS 1. Short Title. This Franchise Ordinance shall be known and cited as the Cable Television Franchise Ordinance. 347380/6 2. Definitions. For the purposes of this Franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The word "may" is directory and discretionary and not mandatory. 347380/6 a. "Applicable Laws" means any law, statute, charter, ordinance, rule, regulation, code, license, certificate, franchise, permit, writ, ruling, award, executive order, directive, requirement, injunction (whether temporary, preliminary or permanent), judgment, decree or other order issued, executed, entered or deemed applicable by any governmental authority of competent jurisdiction. b. "Basic Cable Service" means any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational, and governmental access programming. Basic Cable Service as dermed herein shall not be inconsistent with 47 V.S.C. ~ 543(b)(7). c. "Cable Service" or "Service" means (A) the one-way transmission to subscribers of (i) Video Programming or (ii) Other Programming Service, and (B) subscriber interaction, if any, which is required for the selection or use of such Video Programming or Other Programming Service. Cable Service or Service as defined herein shall not be inconsistent with the definition set forth in 47 V.S.C. ~ 522(6). d. "Cable System" or "System" means a system of antennas, cables, wires, lines, towers, waveguides, or other conductors, converters, equipment, or facilities located in City and designed and constructed for the purpose of producing, receiving, transmitting, amplifying, or distributing audio, video, and data. System as defined herein shall not be incop.sistent with the definition set forth in 47 V.S.C. ~ 522(7). e. "Channel" or "Cable Channel" means a portion of the electromagnetic frequency spectrum which is used in a Cable System and which is capable of delivering a television Channel as defined by the Federal Communications Commission. f. "City" means collectively City of Hastings, Minnesota, a municipal corporation, in the State of Minnesota, acting by and through the City Council, or any lawfully appointed designees or assigns thereto. g. h. "City Council" means the governing body ofthe City of Hastings, Minnesota. "Converter" means an electronic device (sometimes referred to as a receiver which may serve as an interface between a System and a Subscriber's television monitor, and which may convert signals to a frequency acceptable to a television monitor of a Subscriber and may by an appropriate selector permits a Subscriber to view all Subscriber signals included in the Subscriber's service. 2 J. p. 347380/6 1. "Drop" means the cable that connects the ground block on the Subscriber's residence or institution to the nearest feeder cable of the System. "FCC" means the Federal Communications Commission and any legally appointed, designated or elected agent or successor. k. "Franchise" or "Cable Franchise" means this ordinance and the regulatory and contractual relationship established hereby. 1. "Grantee" means MediaOne of the Upper Midwest, Inc., doing business as AT&T Broadband, its agents, employees, lawful successors, transferees or assignees. m. "Gross Revenue" means any and all revenue received directly or indirectly by Grantee, that is derived from the operation of the Cable System to provide Cable Services. Gross Revenues shall include, by way of example and not limitation, revenues from Basic Cable Service, all Cable Service fees, Pay Television, Franchise Fees, late fees, guides, home shopping, advertising, Installation and reconnection fees, upgrade and downgrade fees, Converter rental fees and Lockout Device fees. Gross Revenues shall also include, to the extent permitted by Applicable Laws, Internet access fees and cable modem service fees resulting from the provision of those services. The term Gross Revenues shall not include bad debt write-offs, FCC regulatory fees, PEG fees, Subscriber credits, adjustments or refunds, refundable subscriber deposits, any taxes on services furnished by Grantee imposed by any municipality, state, or other governmental unit and collected by Grantee for such governmental unit, studio rental and production equipment rental. n. "Guaranty" means a contract wherein the parent company, general partnership or other persons, firms or organizati~ns whose financial standing is used to support the commitments of Grantee will undertake to promise that the obligations, duties and liabilities may be assumed by and become the responsibility of Guarantor. o. "Installation" means the connection, by or on the behalf ofthe Grantee, of the System from feeder cable to the point of connection with the Subscriber Converter or other terminal equipment. "Institutional Network" or "I-Net" means a communications network which is described in Section 7 herein and which is generally available only to identified institutions as required by this Franchise. q. "Lockout Device" means an optional mechanical or electrical accessory to a Subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the Cable Communication System. r. "Normal Business Hours" means those hours during which most similar businesses in City are open to serve customers. In all cases, "Normal Business 3 z. bb. cc. 347380/6 Hours" shall include some evening hours at least one night per week and/or some weekend hours. s. "Normal Operating Conditions" means those service conditions which are within the control of Grantee. Those conditions which are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of Grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the System. t. "Other Programming Service" means information that a cable operator makes available to all subscribers generally. u. "Pay Television" means the delivery over the System of pay-per-channel or pay- per-program audio-visual signals to Subscribers for a fee or charge, in addition to the charge for Basic Cable Service or cable programming services as defined at 47 D.S.C. ~ 623. v. "PEG" means public, educational and governmental. w. "Person" is any person, firm, partnership, association, corporation, company, or other legal entity. x. "Right-of-Way" or "Rights-of-Way" means the area on, below, or above any real property in City in which the City has an interest including, but not limited to any street, road, highway, alley, sidewalk, parkway, park, skyway, or any other place, area, or real property owned by or under the control of City, including other dedicated Rights-of-Way for travel purposes and utility easements. y. "Right-of-Way Ordinance" means the ordinance codifying requirements regarding regulation, management and use of Rights-of-Way in City, including registration and permitting requirements. "Service Area" or "Franchise Area" means the entire geographic area within the City as it is now constituted or may in the future be constituted. aa. "Standard Installation" means any installation which is located up to 125 feet from the existing distribution system. "Subscriber" means a member of the general public who receives broadcast programming distributed by a Cable System and does not further distribute it. "Television Monitor" means any device exclusive of a "Converter" which is used by a Subscriber to tune television signals including, but not limited to, standard television sets, video tape recorders, computer video tuner cards, or similar devices. 4 dd. "Video Programming" means programming provided by, or generally considered comparable to programming provided by, a television broadcast station. SECTION 2. GRANT OF AUTHORITY AND GENERAL PROVISIONS 1. Grant of Franchise. This Franchise is granted pursuant to the terms and conditions contained herein. Failure of Grantee to provide a System as described herein, or meet the obligations and comply with all provisions herein, shall be deemed Ii violation of this Franchise. 2. Grant of Nonexclusive Authority a. The Grantee shall have the right and privilege, subject to the permitting and other lawful requirements of the City ordinance, rule or procedure, to construct, erect, and maintain, in, upon, along, across, above, over and under the Rights-of-Way in City a Cable System and shall have the right and privilege to provide Cable Service. b. Notwithstanding the above grant to use Rights-of-Way, no Right-of-Way shall be used by Grantee if City determines that such use is inconsistent with the terms, conditions, or provisions by which such Right-of-Way was created or dedicated, or with the present or reasonably anticipated future use of the Right-of-Way. c. This Franchise shall be nonexclusive, and City reserves the right to grant a use of said Rights-of-Way to any Person at any time during the period of this Franchise for the provision of Cable Service. The terms and conditions of any such grant of a franchise to provide Cable Service or use of the Rights-of- Way shall be, when . taken as a whole, no less burdensome or more beneficial than those imposed upon Grantee pursuant to this Franchise. d. Before granting an additional cable television franchise, the City shall give written notice to the Grantee of any other proposal to service all or part ofthe FranchiSe area, identifying the applicant for such additional franchise and specifying the date, time, and place at which the City shall consider and/or determine whether such additional cable television franchise should be granted. In the event Grantee believes that the City has entered into an additional cable television franchise with terms or provisions that are, taken as a whole, more favorable or less burdensome than the terms set forth in this Franchise, the City shall, upon request by Grantee, enter into good faith negotiations with the Grantee to consider modification ofthe Grantee's Franchise. 3. Lease or Assignment Prohibited. No Person may lease any portion of Grantee's System for the purpose of providing Cable Service until and unless such Person shall have first obtained and shall currently hold a valid franchise or other lawful authorization from City. Any assignment of rights under this Franchise shall be subject to and in accordance with the requirements of Section 10, Paragraph 5. 347380/6 5 4. Franchise Term. This Franchise shall be in effect for a period of fifteen (15) years from the date of acceptance by Grantee, unless sooner renewed, revoked or terminated as herein provided. 5. Previous Franchises. Upon acceptance by Grantee as required by Section 14 herein, this Franchise shall supersede and replace any previous ordinance, as well as written agreements between the parties which pre-date this Franchise. 6. Compliance with Applicable Laws. Resolutions and Ordinances. 347380/6 a. The terms of this Franchise shall define the contractual rights and obligations of Grantee with respect to the provision of Cable Service and operation of the System in City. However, Grantee shall at all times during the term of this Franchise be subject to all lawful exercise of the police power, statutory rights, and eminent domain rights of City. This Franchise may be modified or amended with the written consent of Grantee and City as provided in Section 13, Paragraph 3 herein. b. Grantee shall comply with the terms of any City ordinance or regulation of general applicability which addresses usage ofthe Rights-of-Way within City, including the Right-of-Way Ordinance, which may have the effect of superseding, modifying or amending the terms of Section 3 and/or Section 8 herein, except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights- of- Way which conflict with federal law or exceed burdens on similarly situated Rights-of-Way users. c. In the event of any conflict between Section 3 and/or Section 8 ofthis Franchise and any lawful and generally appl~cable City ordinance or regulation which addresses usage of the Rights-of-Way, the conflicting terms in Section 3 and/or Section 8 of this Franchise shall be superseded by such City ordinance or regulation, except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights-of-Way which conflicts with federal law or exceeds burdens on similarly situated Rights-of-Way users. d. In the event any lawful and generally applicable City ordinance or regulation which addresses usage of the Rights-of-Way adds to, modifies, amends, or otherwise differently addresses issues addressed in Section 3 and/or Section 8 of this Franchise, Grantee shall comply with such ordinance or regulation of general applicability, regardless of which requirement was first adopted except that Grantee shall not, through application of such City ordinance or regulation of Rights-of-Way, be subject to additional burdens with respect to usage of Rights- of- Way which conflicts with federal law or exceeds burdens on similarly situated Rights-of-Way users. 6 e. In the event Grantee cannot determine how to comply with any Right-of-Way requirement of City, whether pursuant to this Franchise or other requirement, Grantee shall immediately provide written notice of such question, including Grantee's proposed interpretation, to City, in accordance with Section 2, Paragraph 9. City shall provide a written response within seventeen (17) days of receipt indicating how the requirements cited by Grantee apply. Grantee may . proceed in accordance with its proposed interpretation in the event a written response is not received within seventeen (17) days of mailing or delivering such written question. 7. Rules of Grantee. Grantee shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable said Grantee to exercise its rights and perform its obligations under this Franchise and to assure uninterrupted service to each and all of its Subscribers; provided that such rules, regulations, terms and conditions shall not be in conflict with Applicable Laws. 8. Territorial Area Involved. This Franchise is granted for the corporate boundaries of City, as it exists from time to time. In the event of annexation by City, or as development occurs, any new territory shall become part of the territory for which this Franchise is granted; provided, however, that Grantee shall only be required to extend service beyond its present System boundaries pursuant to Section 4, Paragraph 7 hereof. Grantee shall be given a reasonable period oftime to construct and activate cable plant to service annexed or newly developed areas but in no event to exceed twelve (12) months from notice thereof by City to Grantee and qualification pursuant to the density requirements of Section 4, Paragraph 7 hereof. 9. Written Notice.. All notices, reports, or demands required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer of Grantee or City's administrator of this Franchise during Normal Business Hours or forty- eight (48) hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to whom notice is being given, as follows: If to City: City Administrator Hastings City Hall 101 East 4th Street Hastings, MN 55033 If to Grantee: Vice President-Minnesota Operations MediaOne of the Upper Midwest, Inc. d/b/a AT&T Broadband 10 River Park Plaza St. Paul, MN 55107 347380/6 7 In addition to the formal notice listed above, City will endeavor to send a non-binding courtesy copy to: VP - Law & Governmental Affairs MediaOne, d/b/a AT&T Broadband 10 River Park Plaza St. Paul, MN 55107 Such addresses may be changed by either party upon notice to the other party given as provided in this section. 10. Ownership of Grantee. Grantee represents and warrants to City and that the relevant corporate ownership of the Grantee as of the Effective Date ofthis Franchise is as follows: MediaOne of the Upper Midwest, Inc. is a wholly owned subsidiary of King Video cable Company which in turn in a wholly-owned subsidiary of Media One of Delaware, Inc. which in turn is a wholly owned subsidiary of Media One of Colorado, Inc. which in turn is a wholly owned subsidiary of MediaOne Group, Inc. SECTION 3. CONSTRUCTION STANDARDS 1. Registration. Permits. Construction Codes. and Cooperation. a. Grantee agrees to obtain all generally applicable permits as required by City prior to removing, abandoning, relocating or reconstructing, if necessary, any portion of its facilities. Notwithstanding the foregoing, City understands and acknowledges there may be instances when Grantee is required to make repairs, in compliance with federal or state laws, that are of an emergency nature. Grantee shall notify City prior to such repairs, if practi~able, and shall obtain the necessary permits in a reasonable time after notification to City. b. Generally applicable fees and reimbursement paid through the permitting process is separate, and in addition to, any other fees included in the Franchise. Failure to obtain permits or comply with permit requirements shall be grounds for sanctions as provided herein or in any other Applicable Law. Grantee shall not open or disturb the surface of any Rights-of-Way or public place for any purpose without first having obtained a permit to do so in the manner provided by law. All excavation shall be coordinated wifuother utility excavation or construction so as to minimize disruption to the public. 2. Use of existing poles or conduits. a. Grantee shall utilize existing poles, conduits and other facilities whenever commercially and technologically feasible, and shall not construct or install any new, different or additional poles whether on public property or on privately- owned property until the written approval of City is obtained. No location or any pole or wire-holding structure of Grantee shall be a vested interest in the Right-of- 347380/6 8 Way or on City property, and any Grantee poles or structures in the Right-of-Way or on City property shall be removed or modified by Grantee without charge to the City whenever City determines that the public convenience would be enhanced thereby. b. The facilities of Grantee shall be placed underground where all utility lines are placed underground. 3. Minimum Interference. a. Grantee shall use its best efforts to give reasonable prior notice to any adjacent private property owners who will be negatively affected or impacted by Grantee's work in the Rights-of-Way. b. All transmission and distribution structures, lines and equipment maintained by Grantee shall be located so as to cause minimum interference with the unencumbered use of Rights-of- Way and other public places except for normal . and reasonable obstruction and interference which might occur during construction and to cause minimum interference with the rights and reasonable convenience of property owners who adjoin, any ofthe Rights-of-Way and public places. 4. Disturbance or damage. Any and all Rights-of-Way, or public or private property, which are disturbed or damaged during the repair, replacement, relocation, operation, maintenance, expansion, extension or reconstruction of the System shall be promptly and fully restored by Grantee, at its expense, to substantially the same condition as that prevailing prior to Grantee's work, as determined by City. If Grantee shall fail to promptly perform the restoration required herein, after written request of City and reasonable opportunity to satisfy that request, City shall have the right to put the Rights- of-Way, public, or private property back into substantially the same condition as that prevailing prior to Grantee's work. In the event City determines that Grantee is responsible for such disturbance or damage and fails to restore as set forth in this section, Grantee shall be obligated to fully reimburse City for such restoration within thirty (30) days after its receipt of City's invoice therefor. 5. Temporary Relocation. a. At any time during the period of the Franchise, Grantee shall, at its own expense, protect, support, temporarily disconnect, relocate or remove any of its property when, in the opinion of City, (i) the same is required by reason of traffic conditions, public safety, Rights-of-Way vacation, City freeway or Rights-of-Way construction, City alteration to or establishment of any Rights-of-Way or any facility within the Rights-of-Way, sidewalk, or other public place, including but not limited to, installation of sewers, drains, waterlines, power lines, traffic signal lines or transportation facilities; or (ii) a City project or activity makes temporary disconnection, removal, or relocation necessary or less expensive for City. 347380/6 9 b. Grantee shall, on request of any person holding a permit to move a building, temporarily raise or lower its wires to permit the movement of such buildings. The actual expense of such temporary removal or raising or lowering of wires shall be paid by the person requesting the same, and Grantee shall have the authority to require such payment in advance. Grantee shall be given not less than . ten (10) days advance written notice from such person holding a permit to arrange such temporary wire alterations. 6. Emergency. Whenever, in case of fue or other emergency, it becomes necessary in the judgment ofthe city administrator, police chief, fire chief, or their delegates, to remove or damage any of Grantee's facilities, no charge shall be made by Grantee against City for restoration, repair or damages. Notwithstanding the above, Grantee reserves the right to assert a right of reimbursement or compensation from any responsible party. 7. Tree Trimming. Grantee shall have the authority to trim trees on public Rights-of-Way at its own expense as may be necessary to protect its wires and facilities, subject to any required supervision and direction by City. Trimming of trees on private property shall require consent of the property owner. Any trimming of trees by the Grantee in the Rights-of-Way shall be subject to such generally applicable regulation as the city administrator or other authorized official may establish to protect the public health, safety and convenience. 8. Protection of Facilities._ Nothing contained in this section shall relieve any Person from liability arising out of the failure to exercise reasonable care to avoid damaging Grantee's facilities while performing any work connected with grading, regrading or changing the line of any Rights-of-Way or public place or the construction or reconstruction of any sewer or water system. 9. Installation Records. Grantee shall keep a.ccurate installation records, maps, plats or diagrams, of the location of all facilities in the Rights-of-Way and public ways and furnish them to City upon request. Grantee shall cooperate with City to furnish, if possible, such information in an electronic mapping format compatible with the then- current City electronic mapping format. At the commencement of this Franchise and upon completion of any further construction or relocation of underground facilities in the Rights-of-Way and public ways, Grantee shall provide City, if possible and economically feasible, with installation records in an electronic format compatible with the then-current City electronic mapping format showing the location of the underground and above ground facilities. In the event Grantee cannot provide installation records in an electronic format due to economic feasibility Grantee shall provide City with a hard copy (i.e. paper copy) of such records. 10. Locating Facilities. a. If, during the design process for public improvements, City discovers a potential conflict with proposed construction, Grantee shall either: (a) locate and, if necessary, expose its facilities in conflict or (b) use a location service under contract with City or State to locate or expose its facilities. Grantee is obligated 347380/6 10 to furnish the location information in a timely manner, but in no case longer than thirty (30) days. b. City reserves the prior and superior right to lay, construct, erect, install, use, operate, repair, replace, remove, relocate, regrade, widen, realign, or maintain any Rights-of-Way, aerial, surface, or subsurface improvement, including but not limited to water mains, traffic control conduits, sanitary or storm sewers, subways, tunnels, bridges, viaducts, or any other public construction within the Rights-of-Way of City limits. 11. City's Rights. Nothing in this Franchise shall be construed to prevent City from constructing, maintaining, repairing or relocating sewers; grading, paving, maintaining, repairing, relocating and/or altering any Right-of-Way; constructing, laying down, repairing, maintaining or relocating any water mains; or constructing, maintaining, relocating, or repairing any sidewalk or other public work. 12. Facilities in Conflict. If, during the course of a project, City determines Grantee's facilities are in conflict, then Grantee shall, within a reasonable time, but in no event exceeding four (4) months, remove or relocate the conflicting facility. This time period shall begin running upon receipt by Grantee of written notice from City. However, if both City and Grantee agree, the time frame may be extended based on the requirements of the project. 13. Interference with City Facilities. The installation, use and maintenance of Grantee's facilities within the Rights-of-Way and public ways authorized herein shall be in such a manner as not to unreasonably interfere with City's placement, construction, use and maintenance of its Rights-of- Way and public ways, Rights-of-Way lighting, water pipes, drains, sewers, traffic signal systems or other City systems that have been, or may be, installed, maintained, used or authorized by City. 14. Interference with Utility Facilities. Grantee agrees not to install, maintain or use any of its facilities in such a manner as to damage or unreasonably interfere with any existing facilities of a utility located within the Rights-of-Way and public ways of City. Nothing in this section is meant to limit any rights Grantee may have under Applicable Laws to be compensated for the cost of relocating its facilities from the Person or utility that is requesting the relocation. 15. Collocation. To maximize public and employee safety, to minimize visual clutter of aerial plant, and to minimize the amount of trenching and excavation in and along City Rights-of-Way and sidewalks for underground plant, Grantee shall make every commercially reasonable effort to collocate compatible facilities within the Rights-of- Way subject to the engineering requirements of the owners of utility poles and other facilities, in the case that relocation or extension of Grantee's facilities is approved or required by City. 347380/6 11 16. Safety Requirements. a. Grantee shall at all times employ ordinary and reasonable care and shall install, maintain, and use nothing less than commonly accepted methods and devices for preventing failures and accidents which are likely to cause damage or injuries. b. Grantee shall install and maintain its System and other equipment in accordance with all applicable City codes and the requirements of the National Electric Safety Code and all other applicable FCC, state and local regulations, and in such manner that they will not interfere with City communications technology related to health, safety and welfare of the residents. c. Cable System structures, lines, equipment and connections in, over, under and upon the Rights-of-Way of City, wherever situated or located, shall at all times be kept and maintained in good condition, order, and repair so that the same shall not menace or endanger the life or property of City or any Person. SECTION 4. DESIGN PROVISIONS 1. Minimum Channel Capacity. a. Dpon the Effective Date ofthis Franchise, Grantee's System has 750 MHz capacity, utilizes a hybrid fiber-coaxial architecture, and provides more than 100 channels of analog and/or digital video programming services. Grantee's System shall continue to provide at least 100 channels of analog and/or digital video programming services. Grantee reserves the right to use a portion of its bandwidth in the future for other uses based on market forces. b. The Cable System shall meet or exceed all applicable technical and performance standards of the FCC and state and federal law. c. Grantee shall maintain a System capable of providing non-video Cable Services such as high-speed data transmission, Internet access, and other competitive servIces. d. All final programming decisions remain the discretion of Grantee in accordance with this Franchise, provided Grantee notifies City and Subscribers in writing thirty (30) days prior to any channel additions, deletions, or realignments in the manner and to the extent required by federal law and subject to Grantee's signal carriage obligations hereunder and pursuant to 47 D.S.C. ~ 531-536 and to City's rights pursuant to 47 D.S.C. ~ 545. Location and relocation ofthe PEG Channels shall be governed by Section 6. 2. Interruption of Service. To the extent within Grantee's control in the ordinary course of business, Grantee shall interrupt service only for good cause and for the shortest time possible. Such interruption shall occur during periods of minimum use of the System rebuttably presumed to be between the hours of 12:00 a.m. and 6:00 a.m. local time. If 347380/6 12 service is interrupted for a total period of more than twenty-four (24) continuous hours to one or more Subscribers in any thirty (30) day period, those Subscribers shall, upon request, be credited pro rata for such interruption. 3. Technical Standards. The technical standards used in the operation of the System shall comply, at minimum, with the technical standards promulgated by the FCC relating to Cable Systems pursuant to Title 47, Section 76, Subpart K of the Code of Federal Regulations, as may be amended or modified from time to time, which regulations are expressly incorporated herein by reference. In addition, to the maximum extent that the FCC has not specifically preempted the City's rights to set its own technical standards for the operation of Grantee's Cable System, Grantee shall be subject to any applicable local technical standards. 4. Special Testing. a. Throughout the term of this Franchise, City shall have the right to inspect all construction or installation work performed pursuant to the provisions of the Franchise. In addition, City may require special testing of a location or locations within the System if there is a particular matter of controversy or unresolved complaints regarding such construction or installation work or pertaining to such location(s). Demand for such special tests may be made on the basis of complaints received or other evidence indicating an unresolved controversy or noncompliance. Such tests shall be limited to the particular matter in controversy or unresolved complaints. City shall endeavor to so arrange its request for such special testing so as to minimize hardship or inconvenience to Grantee or to the Subscribers caused by such testing. b. Before ordering such tests, Grantee shall be afforded thirty (30) days following receipt of written notice to investigate and, if necessary, correct problems or complaints upon which tests were ordered. City shall meet with Grantee prior to requiring special tests to discuss the need for such and, if possible, visually inspect those locations which are the focus of concern. If, after such meetings and inspections, City wishes to commence special tests and the thirty (30) days have elapse"d without correction ofthe matter in controversy or unresolved complaints, the tests shall be conducted by a qualified engineer selected by City and Grantee, and Grantee shall cooperate in such testing. If such testing shows Grantee to be noncompliant, Grantee shall pay all costs associated with said testing, otherwise the City shall bear such costs. 5. Drop Testing and Replacement. Grantee certifies that all existing Drops and/or associated passive equipment is currently capable of passing a minimum of 550 MHz. The Grantee shall replace, at no separate charge to an individual Subscriber, all Drops and/or associated passive equipment incapable of passing the full 750 MHz System capacity at the time a Subscriber either upgrades service to a level that requires a signal above the 550 MHz spectrum or experiences picture quality. 347380/6 13 6. FCC Reports. The results of any tests regarding Grantee's System in the Service area required to be filed by Grantee with the FCC or placed in Grantee's public inspection file as required by FCC rules, shall also be made available to City or its designee, upon written request, within ten (10) days of the conduct ofthe date of request. 7. Line Extension. a. Grantee shall construct and operate its Cable System so as to provide service to all parts of its Franchise area as provided in this Franchise and having a density equivalent to nine (9) dwelling units per one-quarter (1/4) mile of cable plant needed to be constructed to serve such dwelling units if the extension is to be constructed using aerial plant, and ten (10) dwelling units per one-quarter (1/4) mile of cable plant needed to be constructed to serve such dwelling units ifthe extension is to be constructed using underground plant. The City, for its part, shall endeavor to exercise reasonable efforts to require developers and utility companies to provide the Grantee with at least fifteen (15) days advance notice of an available open trench for the placement of necessary cable. b. Where the density is less than that specified above, Grantee shall inform Persons requesting service of the possibility of paying for installation or a line extension and shall offer to provide them with a free written estimate of the cost, which shall be provided within fifteen (15) working days of such a request. The charge for installation or extension for each Person requesting service shall not exceed a pro rata share ofthe actual cost of extending the service and Grantee shall not be obligated to extend its System until seventy-five percent (75%) of the Persons requesting service in such area have prepaid their pro rata share ofthe extension. c. Any residential unit located within one-hundred twenty-five (125) feet of the nearest active plant on Grantee's System shall be connected to the System at no charge other than the standard installation charge. Grantee shall, upon request by any potential Subscriber residing in City beyond the one hundred twenty-five (125) foot limit, ,extend service to such Subscriber provided that the Subscriber shall pay the net additional Drop costs. d. Under Normal Operating Conditions, if Grantee cannot perform installations within the times specified in applicable customer standards, the Subscriber may request and is entitled to receive a credit equal to the charge for a standard installation. For any installation that is not a free installation or a standard installation, Grantee shall provide the Subscriber with a written estimate of all charges within twelve (12) days of a request by the Subscriber. Failure to comply will subject Grantee to appropriate enforcement actions. This section does not apply to the introduction of new products and services when Grantee is utilizing a phased introduction. 8. Nonvoice Return Capability. Grantee is required to use cable and associated electronics having the technical capacity for nonvoice return communications. 347380/6 14 9. Lockout Device. Upon the request of a Subscriber, Grantee shall make available a Lockout Device in accordance with Applicable Law. SECTION 5. SERVICE PROVISIONS 1. Regulation of Service Rates. City may regulate rates for the provision of Cable Service, equipment, or any other communications service provided over the System to the extent allowed under Applicable Laws. City reserves the right to regulate rates for any future services to the extent permitted by Applicable Laws. Any rate regulation undertaken by City shall at all times comply with the rate regulations ofthe FCC at 47 C.F.R. ~76.900 et. seq., as may from time to time be amended. 2. Non-Standard Installations. Grantee shall install and provide Cable Service to any Person requesting other than a Standard Installation provided that said Cable Service can meet FCC technical specifications. In such case, Grantee may charge for the incremental increase in material an<i labor costs incurred beyond the Standard Installation. 3. Sales Procedures. Grantee shall not exercise deceptive sales procedures when marketing any of its services within City. In its initial communication or contact with a prospective Subscriber, Grantee shall inform the prospective Subscriber of all levels of service available, including the lowest priced service tiers. Grantee shall have the right to market door-to-door during reasonable hours consistent with Applicable Laws. 4. Consumer Protection and Service Standards. Grantee shall maintain a convenient drop box location in the City for receiving subscriber payments. Grantee shall at all times throughout the term of this Franchise comply with the following consumer protection standards which are drawn from the FCC's customer service obligations in effect at the time of acceptance of this Franchise: a. Cable System office hours and telephone availability: 1. Grantee will maintain a local, toll-free or collect call t~lephone access line which will be available to its Subscribers twenty-four (24) hours a day, seven (7) days a week. 1. Trained Grantee representatives will be available to respond to customer telephone inquiries during Normal Business Hours. 2. After Normal Business Hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after Normal Business Hours must be responded to by a trained Grantee representative on the next business day. 11. Under Normal Operating Conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty (30) seconds when the connection is made. If the call needs to be transferred, 347380/6 15 347380/6 transfer time shall not exceed thirty (30) seconds. These standards shall be met no less than ninety percent (90%) ofthe time under Normal Operating Conditions, measured on a quarterly basis. 111. Grantee will not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards above unless an historical record of complaints indicates a clear failure to comply. IV. Under Normal Operating Conditions, the customer will receive a busy signal less than three percent (3%) of the time. v. Customer service center and bill payment locations will be open at least during Normal Business Hours. Payment drop boxes shall be emptied at least once a day, Monday through Friday, with the exception oflegal holidays, and payments shall be posted to Subscribers' accounts within forty-eight (48) hours of pick-up. Subscribers shall not be charged a late fee or otherwise penalized for any failure by the Grantee to empty a drop box as specified herein, or to properly credit a Subscriber for a payment timely made. Grantee shall provide subscribers with notice regarding drop box payment, pick up and posting procedures. b. Installations, outages and service calls. Under Normal Operating Conditions, each of the following four standards will be met no less than ninety- five percent (95%) of the time measured on a quarterly basis: 1. Standard Installations will be performed within seven (7) business days after an order has been placed. "Standard" Installations are those that are located up to one hundred twenty-five (125) feet from the existing distribution system. 11. Excluding conditions beyond the control of Grantee, Grantee will begin working on "service interruptions" promptly and in no event later than twenty-four (24) hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification ofthe service problem. 111. The "appointment window" alternatives for Installations, service calls, and other Installation activities will be either a specific time or, at maximum, a four-hour time block during Normal Business Hours. (Grantee shall schedule service calls and other Installation activities outside of Normal Business Hours for the express convenience ofthe customer.) IV. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. v. If Grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the 16 347380/6 customer will be contacted. The appointment will be rescheduled, as necessary, at a time which is convenient for the customer. c. Communications between Grantee and Subscribers: 1. Notifications to Subscribers: 1. Grantee shall provide written information on each of the following areas at the time of Installation of service, at least annually to all Subscribers, and at any time upon request: a. Products and services offered; b. Prices and options for all levels, including free programming services and conditions of subscription to programming and other services; c. Installation and service maintenance policies; d. Instructions on how to use the Cable Service; e. Channel positions of the programming carried on the System; and f. Billing and complaint procedures, including the address and telephone number of the City's office. 2. Customers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to Subscribers a minimum of thirty (30) days in advance of such changes if the changes are within the control of Grantee. In addition, the Grantee shall notify Subscribers thirty (30) days in advance of any significant changes in the other information required by Section 5, Paragraph 4( c )(i)(1) above. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fee, or other fees, tax, assessment or charge of any kind imposed by any federal agency, state or franchising authority on the transaction between the operator and the Subscriber. To the extent the Grantee is required to provide notice of service and rate changes to Subscribers, Grantee may provide such notice using any reasonable written means at its sole discretion. 11. Billing: 1. Bills will be clear, concise and understandable. Bills must be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also 17 clearly delineate all activity during the billing period, including optional charges, rebates and credits. 2. In case of a billing dispute, Grantee must respond to a written complaint from a Subscriber within thirty (30) days. 111. Refunds: Refund checks will be issued promptly, but no later than either: 1. The customer's next billing cycle following resolution of the request or thirty (30) days, whichever is earlier, or 2. The return ofthe equipment supplied by Grantee if Service is terminated. IV. Credits: Credits for service will be issued no later than the customer's next billing cycle following the determination that a credit is warranted. d. Grantee shall, upon written request, provide City with a quarterly customer service compliance report which shall, at a minimum, demonstrate Grantee's compliance with the terms and provisions ofthis Section 5, Paragraph 4 and any additional customer service requirements contained in this Franchise, FCC Customer Service Obligations, and other Applicable Laws. 5. Subscriber Contracts. Grantee shall file with City any standard form Subscriber contract utilized by Grantee. If no such written contract exists, Grantee shall file with the City a document completely and concisely stating the length and terms ofthe Subscriber contract offered to customers. The terms of any Subscriber contract(s) shall be available for public inspection during Normal Business Hours. 6. Refund Policy. In the event a Subscriber ,establishes or terminates service and receives less than a full month's service, Grantee shall prorate the monthly rate on the basis ofthe number of days in the period for which service was rendered to the number of days in the billing. , , , . 7. Late Fees. Fees for the late payment of bills shall not be assessed by Grantee until after the service has been fully provided and, then, only if the bill remains unpaid after the Subscriber is notified of a delinquent balance. Late Fees shall be based on a reasonable estimate ofprojected costs to Grantee oflate payment of bills and the servicing and collecting of such accounts. SECTION 6. LOCAL CHANNELS AND NETWORK DROP PROVISIONS 1. Grantee Support for PEG Access. Grantee shall provide the following support for PEG access within the service area: a. Grantee shall continue to make three (3) analog video Channels available exclusively for noncommercial PEG use ("PEG Channels") as currently provided 347380/6 18 347380/6 by Grantee. City may not request additional capacity beyond the three (3) Channels for PEG use except in accordance with applicable state laws. City shall be responsible for all programming requirements, including but not limited to scheduling, playback, training, staffing, copyright clearances, and equipment, maintenance and repair, on the PEG channels. City shall retain title to all PEG equipment and facilities purchased or otherwise acquired by City. b. Grantee shall collect payment of One Dollar and 251100 ($1.25) per month per Subscriber local programming support fee ("PEG fee") starting on the effective date of this Franchise and continuing throughout the term of the Franchise to be used by the City for capital and operational support of PEG access. Payments pursuant to this subsection shall be payable quarterly on the same schedule as Franchise fee payments. c. No sooner than January 1, 2004, the $1.25 PEG fee may be unilaterally increased no more than once each calendar year in the City's sole discretion, upon sixty (60) days advance written notice to Grantee, annually compounded.from the effective. date of this Franchise, based on the increase from the Minneapolis/St. Paul Consumer Price Index for all consumers and/or three percent (3%) each year, whichever is greater. Notwithstanding the above, ifthe Grantee's number of Subscribers has declined by three percent (3%) or more during the prior calendar year, or if Grantee's number of Subscribers declines in any amount in two (2) or more successive calendar years, the City, following receipt of written evidence from Grantee, shall not be permitted to increase the PEG fee during such year. d. Grantee shall provide continuing technical assistance and support for all PEG channels, including line checks, tests, audio/video adjustments, live feeds, and any other technical issues related to the PEG channels. e. City shall establish rules and procedures for such scheduling in accordance with Section 611 of the Cable Act (47 D.S.C. ~ 531). f. Grantee shall also designate the standard VHF channel 6 for uniform regional channel usage currently provided by "Metro Channel 6" to the extent and under the terms required by Minn. Stat. ~ 238.43. g. Grantee shall not relocate any PEG access Channel to a different Channel number unless specifically required by Applicable Laws or unless otherwise agreed to in writing by City. Grantee shall provide at least sixty (60) days prior written notice of such relocation to Subscribers and the City, and Grantee shall reimburse the City for reasonable costs caused by such relocation, including (1) logo, business card or signage changes, (2) equipment modifications necessary to effect the change at the programmer's production or receiving facility, or (3) reasonable constituency notification costs. h. Throughout the Franchise term, playback from the PEG access Channels must be configured so that the City or its designated entity is able to use their own 19 independent automated playback facilities, located at the Hastings Senior High School at 4th and General Sieben Drive. Any master control that Grantee intends to use for its operations must be located outside the space occupied by a designated entity, unless the parties agree otherwise. The playback facility must be configured so as to permit the designated entity to program all Channels for which it is responsible for playback, on a live or taped basis. Grantee shall continue to have access to the designated entity's master control so that it can conduct necessary maintenance and repair affecting Grantee's network or equipment upon reasonable notice or at any time in the event emergencies, at no cost to City. 1. Grantee and City agree that the PEG fee will not be deemed to be "franchise fees" within the meaning of Section 622 of the Cable Act (47 U.S.C. ~542), and such obligations shall not be deemed to be (i) "payments in kind" or any involuntary payments chargeable against the Franchise Fees to be paid to the City by Grantee pursuant to Section 8 hereof or (ii) part ofthe Franchise Fees to be paid to City by Grantee pursuant to Section 8. hereof. 2. Subscriber Network Drops to Designated Building. a. Grantee shall provide, free of charge, throughout the term ofthis Franchise, Installation of one (1) Subscriber network Drop, one (1) cable outlet, one (1) Converter, if necessary, and the highest level of analog Cable Service offered by Grantee, (i.e. the equivalent of Basic Cable and Expanded Basic Cable level of service provided upon the date of acceptance ofthis Franchise) excluding pay per view, pay per channel (premium) programming, high-speed data services or newly created non-video Cable Services, without charge to the following institutions: 1. Hastings City Hall, 101 East 4th Street 2. . Hastings Community Ed Center, 10th and Tyler 3. District 200 Admin. Office, 9th and Vermillion (future relocation to 11th and Pine) 4. Cooper Elementary, 17th and Vermillion 5. Kennedy Elementary, 10th and Tyler 6. Pinecrest Elementary, 12th and Tyler 7. Tilden Elementary, 4th and River 8. McAuliffe Elementary, 1501 West 12th Street 9. Hastings Senior High School- 4th and General Sieben Drive 10. Hastings Middle School, 11th and Pine 11. Community TV Studio, 11 th and Pine (plus 2nd drop to studio) 12. St. Elizabeth Ann Seton School, 600 Tyler Street 13. Police Station, 150 East 3rd Street 14. Fire Station, 1115 West 5th Street 15. Parks Maintenance Garage and School District Facility (joint use), 910 10th Street West 16. Aquatic Center, 901 Maple 347380/6 20 17. Civic Arena, 2801 Redwing Boulevard 18. Library [OPEN] The Cable Service provided shall not be used for commercial purposes, and such outlets shall not be located in areas open to the public. The City shall hold the Grantee harmless from any and all liability or claims arising out of the provision and use of Cable Service required by this subsection. Grantee will install, without charge, a Drop and provide Cable Service as described above to additional administrative buildings occupied by City or State-accredited schools as City may request. In situations where a Drop in excess ofthree hundred fifty (350) feet is required, the Grantee shall not be required to provide an outlet unless the institution agrees to pay the incremental cost of any necessary Cable System extension beyond three hundred fifty (350) feet. b. The institutions may add outlets at their own expense, as long as such Installation meets Grantee's standards and approval which approval shall not be ~easonably withheld. Grantee shall have three (3) months from the date of City designation of additional accredited schools or public institution(s) or relocations to complete construction of the Drop and outlet unless weather or other conditions beyond the control of Grantee requires more time. The provision of Institutional Network service is addressed separately in Section 7 herein. c. Cable Modem Service. Grantee has established a voluntary initiative to provide Cable Internet Service to all State-accredited K-12 public and private schools and public libraries that are passed by the upgraded Cable System at no charge to the City or institutions. Grantee intends to provide each ofthese schools and libraries with one (1) outlet of Internet access, including the necessary cable modem. For as long as Grantee continues to offer free Cable Internet Service to accredited schools, Grantee shall also provide free Cable Internet Service and required modems to one (1) location at City Hall and to the City's designated PEG access facility. SECTION 7. INSTITUTIONAL NETWORK (I-NET) PROVISIONS 1. Capacity a. Grantee shall continue to provide an Institutional Network (I-Net) with 20 upstream channels and 34 downstream channels in the 5-450 MHz spectrum to the institutions set forth below: 5. 6. Hastings City Hall, 101 East 4th Street Hastings Community Center, 10th and Tyler Community TV Studio, 4th and General Sieben Drive District 200 Admin. Office, 9th and Vermillion (future relocation to 11th and Pine) Cooper Elementary, 1 ih and Vermillion Kennedy Elementary, 10th and Tyler 1. 2. 3. 4. 347380/6 21 7. Pinecrest Elementary, lih and Pine 8. Tilden Elementary, 4th and River 9. McAuliffe Elementary, 1501 West lih Street 10. Hastings Middle School, 11th and Pine 11. Hastings Senior High School, 4th and General Sieben Drive 12. St. Elizabeth Ann Seton School, 600 Tyler Street b. Other accredited K-12 schools or administrative buildings owned and occupied by the City may be subsequently be designated by the City for connection to the 1- Net if the designated institution is located less than five hundred (500) feet from the existing I-Net and can be connected for a cost of construction not to exceed $500, or if such institution agrees to reimburse Grantee for Grantee's documented costs (on a time and materials basis) in excess of the five hundred foot and/or $500 installation costs. If the extension ofthe I-Net to the new location would exceed the amplifier cascade specifications in subparagraph (c) below, then the costs of construction shall include any fiber and node equipment necessary to meet the specifications, unless the City agrees to waive such specifications for that location. c. Within twelve (12) months ofthe Effective Date ofthis Franchise, Grantee shall incorporate fiber optics to an I-Net node which shall include two (2) fibers to transmit all channels required in subparagraph a. above, transforming the I-Net into a hybrid fiber-coax network and reducing the amplifier cascades to existing institutional locations to an average of six (6), with the longest cascade not to exceed ten (10). d. Use of the I-Net by a designated institution is limited to its own use(s) and no institution may sell I-Net capacity or usage to any third party. 2. Grantee's Use of Capacity. Grantee may use available capacity on the I-Net required above for other uses, including commercial uses, provided, however, that usage of seventy-five percent (75%) of such capacity by designated institutions shall have priority over other uses subj ect to rules or policies adopted by Grantee and approved in advance by City. Further, should City determine that any portion of Grantee'g use ofthe twenty- five percent (25%) should be terminated to accommodate the use by a designated institution for video purposes, City may direct that Grantee terminate its use at the expiration of any third party use contract or three (3) years, whichever is sooner. 3. End User Equipment. Designated institutions shall be responsible for providing their own end-user equipment. Grantee will provide standby power for the I-Net. 4. Service Standards. a. Grantee shall maintain, repair, reconstruct and, as necessary, replace coaxial I-Net links and shall recover the actual cost for such activities from the City. 347380/6 22 b. The Grantee shall maintain, repair, reconstruct and, as necessary, replace Institutional Network plant as described in subsection (i) and (ii) below at no cost to the City during the term of this Franchise or any extension thereof: (i) preventative and routine maintenance of the I-Net shall be performed in the same timeframe and in the same fashion as routine and preventative maintenance are performed for the Grantee's subscriber network. Actual or potential problems discovered during the course of preventative and routine maintenance shall be immediately reported to the City. After informing the City of an actual or potential problem, the Grantee shall, within a reasonable period oftime, prepare and transmit a report to the City describing the corrective action, if any, that was or will be taken. (ii) within ten (10) minutes of receiving notice or otherwise learning ofa maintenance or repair problem, the Grantee's technicians shall begin actively working on the problem. The Grantee shall work on the problem continuously until it is resolved. SECTION 8. OPERATION AND ADMINISTRATION PROVISIONS 1. Delegated-Authority. City may delegate to any other body or Person authority to administer the Franchise and to monitor the performance of Grantee pursuant to the Franchise. Grantee shall cooperate with any such delegates of City. 2. Administration of Franchise. City or any designee thereof shall have continuing regulatory jurisdiction and supervision over the System and Grantee's operation under the Franchise. City, or its designee, may issue such reasonable rules and regulations concerning the construction, operation and maintenance of the System as are consistent with the provisions ofthe Franchise and Applicable Law. 3. Franchise Fee. a. During the term of the Franchise, Grantee shall pay quarterly to City or its delegates a Franchise Fee in an amount equal to five percent (5%) of its quarterly Gross Revenues. b. Any payments due under this provision shall be payable quarterly. The rayments shall be made on April 30th (1 st qtr.) July 31 st (2nd qtr.) October 31 st (3T qtr.) and January 31st (4th qtr.), together with a report showing the basis for the computation in form and substance substantially the same as listed below. 347380/6 23 Revenue Number of Gross 5% Source Subscribers Revenue Franchise Fee YTD Basic and Satellite Service Premium Pa,y-Per- View Installation Shopping Channels Equipment Rental Other Income TOTAL c. . All amounts paid shall be subject to audit and recomputation by City and acceptance of any payment shall not be construed as an accord that the amoUnt paid is in fact the correct amount. 4. Not Franchise Fees. 347380/6 a. Grantee acknowledges and agrees that the Franchisee Fees payable by Grantee to City pursuant to this section shall take precedence over all other payments, contributions, services, equipment, facilities, support, resources or other activities to be provided or performed by Grantee pursuant to this Franchise and that the Franchise Fees provided for in this section ofthe Franchise shall not be deemed to be in the nature of a tax, and shall be in addition to any and all taxes of general applicability and other fees and charges which do not fall within the definition of a franchise fee under 47 V.S.C. ~ 542. b. Grantee shall not apply or seek to apply or make any claim that all or any part of the Franchise Fees or other payme:ntsor contributions to be made by Grantee to City pursuant to this Franchise shall be deducted from or credited or offset against any taxes, fees or assessments or general applicability levied or imposed by City or any other governmental authority, including any such tax, fee or assessment imposed on both utilities and cable operators or their services that does not fall within the definition of a franchise fee under 47 V.S.C. ~ 542. c. Grantee shall not apply or seek to apply all or any part of any taxes, fees or assessments of general applicability levied or imposed by the City or any other governmental authority (including any such tax, fee or assessment imposed on both utilities and cable operators or their services) that do not fall within the definition of a franchise fee under 47 US.C. ~ 542 as a deduction or other credit from or against any of the Franchise Fees or other payments or contributions to be paid or made by Grantee to City pursuant to this Franchise which shall be deemed to be separate and distinct obligations of Grantee. 24 5. Access to Records. City shall have the right to inspect, upon reasonable notice and during Normal Business Hours, or require Grantee to provide within a reasonable time, copies of any records maintained by Grantee which relate to System operations which are reasonably necessary and appropriate to the performance of the City's rights, functions or duties under this Franchise including specifically Grantee's accounting and financial records related to the System. 6. Reports and Maps to be Filed with City. Grantee shall prepare and furnish to City, upon written request, such reports with respect to its operations, affairs, transactions or property as is reasonably necessary and appropriate to the performance of the City's rights, functions or duties under this Franchise. City shall consult with Grantee as to the form, detail, and due dates ofthe reports requested. Notwithstanding anything to the contrary set forth herein, Grantee shall not be required to furnish to City information which it deems to be proprietary or confidential in nature"nor to furnish books and records of any affiliate which is not providing Cable Service in the Service Area.. Nothing herein, however, shall prevent City the opportunity to review such information as necessary and relevant to City's regulation of Grantee under this Franchise. City agrees to treat any confidential information disclosed by Grantee to the extent consistent with Applicable Law as trade secret information under Applicable Laws, and only to disclose such information in accordance with Applicable Laws. Grantee shall not be required to provide Subscriber information in violation of Section 631 of the Cable Act. 7. Periodic Evaluation. a. City may require evaluation sessions at any time during the term of this Franchise, but in no event more than once per calendar year, upon thirty (30) days written notice to Grantee. b. Topics which may be discussed at any evaluation session may include, but are not limited to, application of new technologies, System performance, programming offered, access Channels, facilities and support, municipal uses of cable, subscriber rates, customer complaints, amendments to this Franchise, judicial rulings, FCC rulings, line extension policies and any other topics City or Grantee deem relevant. c. As a result of a periodic review or evaluation session, upon notification from City, Grantee shall meet with City and undertake good faith efforts to reach agreement on mutually acceptable changes and modifications to the terms and conditions of the Franchise which are both economically and technically feasible. 347380/6 25 SECTION 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 1. Performance Bond. 347380/6 a. City acknowledges that Grantee has operated the System in the City for a substantial length of time, and that Grantee has already completed the construction and upgrade of its System in the City, and through its activities Grantee has demonstrated that it has the fmancial and technical qualifications for compliance with the terms ofthe Franchise. Except as expressly provided herein, the Grantee shall not be required to obtain or maintain a performance bond as a condition for being awarded the Franchise or continuing its existence. In order to minimize costs, which ultimately may be borne by Subscribers, City agrees to require a performance bond only in such amounts and during such times as there is a reasonably demonstrated need therefor. City reserves the right to impose on Grantee an obligation to file with City, abond in the amount of up to $100,000;00 in a form and with such sureties as reasonably acceptable to City. This bond will be conditioned upon the faithful performance by the Grantee of the material terms of its Franchise and upon the further condition that in the event Grantee shall fail to comply with any law, ordinance or regulation governing the Franchise, there shall be recoverable jointly and severally from the principal and surety of the bond any damages or loss suffered by City as a result, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of Grantee, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond, and further guaranteeing payment by the Grantee of claims, liens and taxes, due City which arise by reason of the construction, operation, or maintenance ofthe System. Initially, no performance bond will be required. In the event that a bond is required in the future, City agrees to give the Grantee at least forty-five (45) days prior written notice thereof stating the reason for the requirement. Transfer of this Franchise may be considered, in the City's sole discretion, reasonable grounds for the imposition of a performance bond. The rights reserved by City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. City may, from year to year, in its sole discretion, reduce the amount ofthe bond. b. The time for Grantee to correct any violation or liability, shall be extended by City ifthe necessary action to correct such violation or liability is, in the sole determination of City, of such a nature or character as to require more than thirty (30) days within which to perform, provided Grantee provides written notice that it requires more than thirty (30) days to correct such violations or liability, commences the corrective action within the thirty (30) day period and thereafter uses reasonable diligence to correct the violation or liability. c. In the event this Franchise is revoked by reason of default of Grantee, City shall be entitled to collect from the performance bond that amount which is attributable to any dam~ges sustained by City as a result of said default or revocation. 26 d. Grantee shall be entitled to the return of the performance bond, or portion thereof, as remains sixty (60) days after the expiration of the term ofthe Franchise or revocation for default thereof, provided City has not notified Grantee of any actual or potential damages incurred as a result of Grantee's operations pursuant to the Franchise or as a result of said default. e. The rights reserved to City with respect to the performance bond are in addition to all other rights of City whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to the performance bond shall affect any other right City may have. 2. Letter of Credit. a. At the time this Franchise becomes effective, Grantee shall deliver to the City an irrevocable and unconditional letter of credit, in a form and substance acceptable to the City from a National or State bank approved by the City, in the amount of Seven Thousand Five Hundred and nollOO Dollars ($7,500.00) as a security for the faithful performance by it of all the provisions of this franchise and compliance with all lawful orders, permits and directions of City and the payment by Grantee of any claim, liens and taxes due City which arise by reason of the construction, operation or maintenance of the System. b. fu addition to recovery of any monies owed by Grantee to City or any Person or damages to City or any Person as a result of any acts or omissions by Grantee pursuant to the Franchise, City in its sole discretion may charge to and collect from the Security Fund the following penalties: 347380/6 1. For failure to provide data, documents, reports or information or to cooperate with City during, an application process or system review or as otherwise provided herein, the penalty shall be $200.00 per day for each day, or part thereof, such failure occurs or continues. 11. Fifteen (15) days following notice from City of a failure of Grantee to comply with construction, operation or maintenance standards, the penalty shall be $300.00 per day for each day, or part thereof, such failure occurs or continues. 111. For failure to provide the services Grantee has proposed, including, but not limited to, the implementation and the utilization of the PEG access channels and the maintenance and/or replacement of the equipment and other facilities, the penalty shall be $300.00 per day for each day, or part thereof, such failure occurs or continues. IV. For Grantee's breach of any written contract or agreement with or to City or its designee, the penalty shall be $300.00 per day for each day, or part thereof, such breach occurs or continues. 27 347380/6 v. For failure to comply with any ofthe provisions ofthis Franchise, or other Applicable Laws for which a penalty is not otherwise specifically provided pursuant to this Paragraph c., the penalty shall be $200.00 per day for each day, or part thereof, such failure occurs or continues. c. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate penalty can be imposed. d. Whenever City finds that Grantee has violated one or more terms, conditions or provisions of this Franchise, or for any other violation contemplated in Subparagraph b. above, a written notice shall be given to Grantee informing it of such violation. At any time after thirty (30) days (or such longer reasonable time which, in the sole determination of City, is necessary to cure the alleged violation) following local receipt of notice, provided Grantee remains in violation of one or more terms, conditions or provisions of this Franchise, in the sole opinion of City, City may draw against the letter of credit all penalties and other monies due City from the date of the local receipt of notice. e. Grantee may, within seven (7) days of receipt of such written notice, notify City in writing that there is a dispute as to whether a violation or failure has in fact occurred. Such written notice by Grantee to City shall specify with particularity the matters disputed by Grantee. City shall hear Grantee's dispute within sixty (60) days and render a final decision within sixty (60) days thereafter. If Grantee does not dispute the alleged violation or upon the determination of City that a violation has taken place, subject to Grantee's right to seek any applicable judicial review, City may draw from the letter of credit an amount to cover any failure of Grantee to pay penalties accrued but unpaid after seven (7) days written notice of such final determination., f. If said letter of credit or any subsequent letter of credit delivered pursuant thereto expires prior to thirty (30) months after the expiration ofthe term of this Franchise, it shall be renewed or replaced during the term of this Franchise to provide that it will not expire earlier than thirty (30) months after the expiration of this Franchise. The renewed or replaced letter of credit shall be of the same form and with a bank authorized herein and for the full amount stated in Paragraph a. of this section. g. If City draws upon the letter of credit or any subsequent letter of credit delivered pursuant hereto, in whole or in part, Grantee shall replace or replenish to its full amount the same within ten (10) days and shall deliver to City a like replacement letter of credit or certification of replenishment for the full amount stated in Paragraph A of this section as a substitution of the previous letter of credit. This shall be a continuing obligation for any draws upon the letter of credit. h. If any letter of credit is not so replaced or replenished, City may draw on said letter of credit for the whole amount thereof and use the proceeds as City 28 determines in its sole discretion. The failure to replace or replenish any letter of credit may also, at the option ofthe City, be deemed a default by Grantee under this Franchise. The drawing on the letter of credit by City, and use of the money so obtained for payment or performance of the obligations, duties and responsibilities of Grantee which are in default, shall not be a waiver or release of such default. 1. The collection by City of any damages, monies or penalties from the letter of credit shall not affect any other right or remedy available to City, nor shall any act, or failure to act, by City pursuant to the letter of credit, be deemed a waiver of any right of City pursuant to this Franchise or otherwise. . 3. Liability Insurance. a. Upon the Effectiv.e Date, Grantee shall, at its sole expense take out and maintain during the term of this Franchise public liability insurance with a company licensed to do business in the state of Minnesota with a rating by A.M. Best & Co. of not less than "A" that shall protect Grantee, City and the City's officials, officers, directors, employees and agents from claims which may arise from operations under this Franchise, whether such operations be by Grantee, its officials, officers, directors, employees and agents or any subcontractors of Grantee. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from Grantee's vehicles, products and operations. The amount of insurance for single limit coverage applying to bodily and personal injury and property damage shall not be less than Two Million Dollars ($2,000,000.00). The following shall be included in the certificate: 1. The policy shall provide cQverage on an "occurrence" basis. 11. The policy shall cover personal injury as well as bodily injury. 111. Broad form property damage liability shall be afforded. The following endorsements shall be attached to the liability policy: 1. City shallbe listed as an additional insured on the policy. 11. An endorsement shall be provided which states that the coverage is primary insurance subject to the indemnification clause and that no other insurance maintained by the Grantor will be called upon to contribute to a loss under this coverage. 111. Standard form of cross-liability shall be afforded. IV. An endorsement stating that the policy shall not be canceled without thirty (30) days notice of such cancellation given to City. 347380/6 29 b. Grantee shall submit to City documentation of the required insurance, in the form of a certificate of insurance signed by the insurance agent and companies named, as well as all properly executed endorsements referenced above. 4. Indemnification a. Grantee shall indemnify, defend and hold City, its officers, boards, commissions, agents and employees (collectively the "Indemnified Parties") harmless from and against any and all lawsuits, claims, causes or action, actions, liabilities, demands, damages, judgments, settlements, disability, losses, expenses (including attorney's fees and disbursements of counsel) and costs of any nature that any of the Indemnified Parties may at any time suffer, sustain or incur arising out of, based upon or in any way connected' with the Grantee's operations, the exercise ofthe Franchise, the breach of Grantee of its obligations under this Franchise and/or the activities of Grantee, it subcontractor, employees and agents hereunder. Grantee shall be solely responsible for and shall indemnify, defend and hold the Indemnified Parties harmless from and against any ,and all matters relative to payment of Grantee's employees, including compliance with Social Security and withholdings. b. The indemnification obligations of Grantee set forth in this Franchise not limited in any way by the amount or type of damages or compensation payable by or for Grantee under Workers' Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this Franchise or the terms, applicability or limitations of any insurance held by Grantee. c. City does not, and shall not, waive any rights against Grantee which it may have by reason. of the indemnification provided for in this Franchise, because ofthe acceptance by City, or the deposit,with City by Grantee, of any of the insurance policies described in this Franchise. d. The indemnification of City by Grantee provided for in this Franchise shall apply to all damages and claims for damages of any kind suffered by reason of any of Grantee's operations referred to in this Franchise, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages. e. Grantee shall not be required to indemnify City for negligence or misconduct on the part of the City or its officials, boards, commissions, agents, or employees, including any loss claims related to public access channels in which City participates subject to applicable state and federal statutory limitations. 5. Grantee's Insurance. 347380/6 Grantee shall not commence any Cable System reconstruction work or permit any subcontractor to commence work until all insurance required under this Franchise has been obtained. Said insurance shall be maintained in full force and effect until the expiration of this Franchise. 30 SECTION 10. SALE, ABANDONMENT, TRANSFER AND REVOCATION OF FRANCHISE 1. City's Right to Revoke. a. In addition to all other rights which City has pursuant to law or equity, City reserves the right to commence proceedings to revoke, terminate or cancel this Franchise, and all rights and privileges pertaining thereto, if it is determined by City that: 1. Grantee has violated material provisions(s) of this Franchise; or 11. Grantee has attempted to evade any of the provisions of the Franchise; or 111. Grantee has practiced fraud or deceit upon City. b. City may revoke this Franchise without the hearing otherwise required herein if Grantee is adjudged a bankrupt. 2. Procedures for Revocation. a. City shall provide Grantee with written notice of a cause for revocation and the intent to revoke and shall allow Grantee thirty (30) days subsequent to receipt of the notice in which to correct the violation or to provide adequate assurance of performance in compliance with the Franchise. In the notice required therein, City shall provide Grantee with the basis of the revocation. b. Grantee shall be provided the right to a public hearing affording due process before the City Council prior to the effective date of revocation, which public hearing shall follow the thirty (30) day notice provided in subparagraph (a) above. City shall provide Grantee with written notice of its decision together with written findings of fact supplementing said decision. c. Only after the public hearing and upon written notice ofthe determination by City to.revoke the Franchise may Grantee appeal said decision with an appropriate state or federal court or agency. d. During the appeal period, the Franchise shall remain in full force and effect unless the term thereof sooner expires or unless continuation ofthe Franchise would endanger the health, safety and welfare of any person or the public. 3. Abandonment of Service. Grantee may not abandon the System or any portion thereof without having first given three (3) months written notice to City. Grantee may not abandon the System or any portion thereof without compensating City for damages resulting from the abandonment, including all costs incident to removal of the System. 347380/6 31 4. Removal After Abandonment. Termination or Forfeiture. a. In the event of termination or forfeiture of the Franchise or abandonment of the System, City shall have the right to require Grantee to remove all or any portion of the System from all Rights-of-Way and public property within City. b. If Grantee has failed to commence removal of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within twelve (12) months after written notice of City's demand for removal is given, City shall have the right to apply funds secured by the letter of credit and Performance Bond, if applicable, toward removal and/or declare all right, title, and interest to the System to be in City with all rights of ownership including, but not limited to, the right to operate the System or transfer the System to another for operation by it. 5. Sale or Transfer of Franchise. a. No sale or transfer ofthe Franchise, or sale, transfer, or fundamental corporate change of or in Grantee, including, but not limited to, a fundamental corporate change in Grantee's parent corporation or any entity having a controlling interest in Grantee, the sale of a controlling interest in the Grantee's assets, a merger, including the merger of a subsidiary and parent entity, consolidation, or the creation of a subsidiary or affiliate entity, shall take place until a written request has been filed with City requesting approval and such approval has been granted or deemed granted; provided, however, that said approval shall not be required where Grantee grants a security interest in its Franchise and/or assets to secure an indebtedness. Upon notice to City, Grantee may undertake legal changes necessary to consolidate the corporate or partnership structures of its MinnesotalWisconsin Systems provided there is no change in the controlling interests which could materially alter the financial responsibilities for the Grantee and such changes do not otherwise trigger review under Minnesota Statutes Section 238.083. b. Any sale, transfer, exchange or assignment of stock in Grantee, or Grantee's parent corporation or any other entity having a controlling interest in Grantee, so as to create a new controlling interest therein, shall be subject to the requirements ofthis Section 10, Paragraph 5. The term "controlling interest" as used herein is not limited to majority stock ownership, but includes actual working control in whatever manner exercised. c. The Grantee shall file, in addition to all documents, forms and information required to be filed by Applicable Law, the following: 1. All contracts, agreements or other documents that constitute the proposed transaction and all exhibits, attachments, or other documents referred to therein which are necessary in order to understand the terms thereof 347380/6 32 347380/6 (Confidential, trade, business, pricing or marketing information, or information not otherwise publicly available may be redacted) pursuant to the Procedures for Handling Trade Secret and Privileged Data to be adopted by the City. 11. A list detailing all documents filed with any state or federal agency related to the transaction including, but not limited to, the MPUC, the FCC, the FTC, the FEC, the SEC or MNDOT. Upon request, Grantee shall provide City with a complete copy of any such document. d. City shall have such time as is permitted by federal law in which to review a transfer request. Approval of the request shall not be unreasonably withheld. e. As agreed to by Grantee in its' previous franchise with City, Grantee shall reimburse City for all the legal, administrative, and consulting costs and fees associated with City's review of any request to transfer. Nothing herein shall prevent Grantee from negotiating partial or complete payment of such costs and fees by the transferee. Grantee may not itemize any such reimbursement on Subscriber bills, but may recover such expenses in its subscriber rates if permitted by Applicable Laws. f. In no event shall a sale, transfer, corporate change, or assignment of ownership or control pursuant tothis Section 10, Paragraph 5.a. or b., be approved without the transferee becoming a signatory to this Franchise and assuming all rights and obligations thereunder, and assuming all other rights and obligations ofthe transferor to the City including, but not limited to, any adequate guarantees or other security instruments provided by the transferor. g. In the event of any proposed sale, transfer, corporate change, or assignment pursuant to this Section 10, Paragiaph 5.a. or b.,. City shall have the right to purchase the System in accordance with all Applicable Laws. h. City shall be deemed to have waived its right to purchase the System pursuant to this Section in the following circumstances: (i) If City does not indicate to Grantee in writing, within sixty (60) days of receipt of written notice of a proposed sale, transfer, corporate change, or assignment as contemplated in Section 10, Paragraph 5g. above its intention to exercise its right of purchase; or (ii) It approves the assignment or sale of the Franchise as provided within this Section. 1. No Frallchise may be transferred if City determines Grantee is in noncompliance with the Franchise unless an acceptable compliance program has been approved by City. The approval of any transfer of ownership pursuant to this Section shall not be deemed to waive any rights of City to subsequently enforce noncompliance 33 issues relating to this Franchise even if such issues predated the approval, whether known or unknown to City. (i) The City has determined that the Grantee, as presently structured, possesses the sufficient assets and resources so that no corporate guaranty is required at the time of acceptance of this Franchise. SECTION 11. PROTECTION OF INDIVIDUAL RIGHTS I. Discriminatory Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against Subscribers or general citizens on the basis ofrace, color, religion, national origin, sex, age, status as to public assistance, or disability. Grantee shall comply at all times with all other applicable federal, state, and city laws, and all executive and administrative orders relating to nondiscrimination. 2. Subscriber Privacy. Grantee shall, at all times, comply with Applicable Laws regarding subscriber privacy, including but not limited to 47 D.S.C. ~ 551. SECTION 12. UNAUTHORIZED CONNECTIONS AND MODIFICATIONS 1. Unauthorized Connections or Modifications Prohibited. It shall be unlawful for any firm, Person, group, company, corporation, or governmental body or agency, without the express consent of the Grantee, to make or possess, or assist anybody in making or possessing, any unauthorized connection, extension, or division, whether physically, acoustically, inductively, electronically or otherwise, with or to any segment ofthe System or receive services of the System without Grantee's authorization. 2. Removal or Destruction Prohibited. It shall be unlawful for any firm, Person, group, company, or corporation to willfully interfere, tamper, remove, obstruct, or damage, or assist thereof, any part or segment of the System for any purpose whatsoever, except for any rights City may have pursuant to this Franchise or its police powers. 3. Penalty. Any firm, Person, group, company, or corporation found guilty of violating this section may be fined not less than Twenty Dollars ($20.00) and the costs of the action nor more than Five Hundred Dollars ($500.00) and the costs ofthe action for each and every subsequent offense. Each continuing day ofthe violation shall be considered a separate occurrence. SECTION 13. MISCELLANEOUS PROVISIONS 1. Franchise Renewal. Any renewal of this Franchise shall be performed in accordance with Applicable Law. The term of any renewed Franchise shall be limited to a period no longer than allowed by Applicable Law. 347380/6 34 2. Work Performed by Others. All applicable obligations of this Franchise shall apply to any subcontractor or others performing any work or services pursuant to the provisions of this Franchise, however, in no event shall any such subcontractor or other performing work obtain any rights to maintain and operate a System or provide Cable Service. Grantee shall provide notice to City ofthe name(s) and address(es) of any entity, other than Grantee, which performs substantial services pursuant to this Franchise. 3. Amendment of Franchise Ordinance. Grantee and City may mutually agree, from time to time, to amend this Franchise. Such written amendments may be made subsequent to a review session pursuant to Section 8, Paragraph 7 or at any other time if City and Grantee agree that such an amendment will be in the public interest or if such an amendment is required due to changes in federal, state or local laws; provided, however, nothing herein shall restrict City's exercise of its police powers. 4. Compliance with Federal. State and Local Laws. 347380/6 a. The terms ofthis Franchise shall govern Grantee's performance under this Franchise except where federal or state laws or regulation preempt such local regulation. In such cases the applicable federal or state laws or regulations shall govern Grantee's performance under this Franchise. b. If any federal or state law or regulation shall require or permit City or Grantee to perform any service or act or shall prohibit City or Grantee from performing any service or act which may be in conflict with the terms of this Franchise, then as soon as possible following knowledge thereof, either party shall notify the other of the point in conflict believed to exist between such law or regulation. Grantee and City shall conform to state laws and rules regarding cable communications not later than one year after they become effective, unless otherwise stated, and to conform to federal laws and regul~tions regarding cable as they become effective. c. If the City and Grantee do not agree that a material provision of this Franchise is affected by such federal or state law or regulation, then either the City or Grantee shall have the right to seek review of the provision in question as permitted by Applicable Laws. d. If any term, condition or provision of this Franchise or the application thereof to any Person or circumstance shall, to any extent, be held to be invalid or unenforceable, the remainder hereof and the application of such term, condition or provision to Persons or circumstances other than those as to whom it shall be held invalid or unenforceable shall not be affected thereby, and this Franchise and all the terms, provisions and conditions hereof shall, in all other respects, continue to be effective and complied with provided the loss of the invalid or unenforceable clause does not substantially alter the agreement between the parties. In the event such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise changed so that the provision which had been held invalid or modified is no longer in conflict with the law, rules and regulations then in effect, said 35 provision shall thereupon return to full force and effect and shall thereafter be binding on Grantee and City. 5. Nonenforcement by City. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure or delay of City to enforce prompt compliance. City may only waive its rights hereunder by expressly so stating in writing. Any such written waiver by City of a breach or violation of any provision of this Franchise shall not operate as or be construed to be a waiver of any subsequent breach or violation. 6. Rights Cumulative. All rights and remedies given to City by this Franchise or retained by City herein shall be in addition to and cumulative with any and all other rights and remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may be exercised from time to time and as often and in such order as may be deemed expedient by City and the exercise of one or mo~e rights or re~edies shall not be deelned a waiver of the right to exercise at the same time or thereafter any other right ortemedy. 7. Grantee Acknowledgment of Validity of Franchise. Grantee acknowledges that it has had an opportunity to review the terms and conditions of this Franchise and that under current law Grantee believes that said terms and conditions are not unreasonable or arbitrary, and that Grantee believes City has the power to make the terms and conditions contained in this Franchise. Except as provided in Section 13, Paragraph 4 of this Franchise, Grantee agrees that it will not, at any time, set up against City in any claim or proceeding, any condition or term of the Franchise as unreasonable, arbitrary, void as ofthe Effective Date of this Franchise or that City had no power or authority to make such term or condition. In the case of any dispute or question as to the meaning, interpretation, or application of any term, provision, or condition ofthis Franchise, City, in its reasonable discretion, shall promptly resolve such dispute or question. 8. Confidential and Trade Secret Information. The City shall adopt and follow, consistent with and permitted by Applicable Laws, procedures for protecting any confidential and trade secret information of Grantee that may be provided to City in conformance with the requirements of this Franchise. If required under this Franchise, such confidential or trade secret information shall be provided to City if City adopts similar procedures for protecting confidential and trade secret information. 9. Force Maieure. The Grant~e shall not be deemed in default of provisions of this Franchise where performance was rendered impossible by war or riots, labor strikes or civil disturbances, floods, or other causes reasonably beyond the Grantee's control, and the Franchise shall not be revoked or the Grantee penalized for such noncompliance, provided that the Grantee, when possible, takes immediate and diligent steps to bring itself back into compliance and to comply as soon as possible, under the circumstances, with the Franchise without unduly endangering the health, safety and integrity of the 347380/6 36 Grantee's employees or property, or the health, safety and integrity of the public, the Rights-of-Way, public property or private property. 10. Governing Law. This Franchise shall be governed in all respects by the law of the State of Minnesota. 11. Captions and References. The captions and headings of sections throughout this Franchise are intended solely to facilitate reading and reference to the sections and provisions 'of this Franchise. Such captions shall not affect the meaning or interpretation of this Franchise. 12. Rights of Third Parties. This Franchise is not intended to, and shall not be construed to, grant any rights to or vest any rights in third parties, unless expressly provided herem. 13. Merger of Documents. This Franchise, and the attachments hereto, constitute the entire Franchise agreement between the City and the Grantee, and supersed~ all prior oral or written franchises and understandings. 14. Severability. If any Section, subsection, sentence, paragraph, term, or provision hereof is determined to be illegal, invalid, or unconstitutional, by any court of competent jurisdiction or by any state or federal regulatory authority having jurisdiction hereof, such determination shall have no effect on the validity of any other Section, subsection, sentence, paragraph, term or provision hereof, all of which will remain in full force and effect for the term ofthe Franchise. SECTION 14. PUBLICATION EFFECTIVE DATE; ACCEPTANCE AND EXHIBITS 1. Publication. Effective Date. This Franchise shall be published in accordance with applicable local and Minnesota law. The Effective Date of this Franchise shall be the date of acceptance by Grantee in accordance with the provisions of Section 14, Paragraph 2. 2. Acceptance. a. Grantee shall accept this Franchise within thirty (30) days of its enactment by the City Council, unless the time for acceptance is extended by City. Such acceptance by the Grantee shall be deemed the grant of this Franchise for all purposes; provided, however, this Franchise shall not be effective until all City ordinance adoption procedures are complied with and all applicable timelines have run for the adoption of a City ordinance. In the event acceptance does not take place, or should all ordinance adoption procedures and timelines not be completed, this Franchise and any and all rights granted hereunder to Grantee shall be null and void. b. Upon acceptance of this Franchise, Grantee and City shall be bound by all the terms and conditions contained herein. 347380/6 37 C. Grantee shall accept this Franchise in the following manner: 1. This Franchise will be properly executed and acknowledged by Grantee and delivered to City. 11. With its acceptance, Grantee shall also deliver any grant payments, performance bond and insurance certificates, and guaranties, as required herein that have not previously been delivered. Passed and adopted this day of , 2001. ATTEST: CITY OF HASTINGS, MINNESOTA By: Its: By: Its: ACCEPTED: This Franchise is accepted, and we agree to be bound by its terms and conditions. MEDIAONE OF THE UPPER MIDWEST, INC. Date: By: Its: ' Notary: 347380/6 38 EXHIBIT A CORPORATE GUARANTY 347380/6 A-I CORPORATE GUARANTY THIS AGREEMENT is made this _ day of , 2000 between Meteor Acquisition Inc. ("Guarantor"), the City of Hastings, Minnesota ("Franchising Authority"), and MediaOne ofSt. Paul, Inc. ("Company"). WITNESSETH WHEREAS, the Franchising Authority by action of its governing body on October _, 1999 adopted Resolution No. ("Resolution") approving the transfer of control ofthe cable television franchise ("Franchise") from MediaOne Group, Inc. to AT&T Corp.; and WHEREAS, Guarantor is a parent of the Company; and WHEREAS, Guarantor has a substantial interest in the conduct of the Company in complying with the Company's obligations under the Franchise and any and all amendments thereof and any agreements related thereto; and WHEREAS, the Resolution requires the Company to furnish a guaranty to ensure the faithful payment and performance by Company of the obligations under the Franchise; and WHEREAS, the Guarantor desires to provide its unconditional guaranty that Company will fulfill the requirements ofthe Resolution. NOW, THEREFORE, in consideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor hereby unconditionally guarantees Company's due and punctual payment and performance of all of the debts, liabilities and obligations contained in the Franchise ("Indebtedness"). This Agreement,. unless terminated, substituted, or canceled, as provided herein, shall remain in full force and effect for the duration of the term of the Franchise, except as expressly provided otherwise in the Franchise. Upon substitution of another Guarantor reasonably satisfactory to the Franchising Authority or upon transfer of the Franchise to another entity not under common control of Guarantor, this Agreement shall be terminated, substituted, or canceled upon thirty (30) days prior written notice from Guarantor to the Franchising Authority and the Company. Such termination shall not affect liability incurred or accrued under this Agreement prior to the effective date of such termination or cancellation. The Guarantor will not exercise or enforce any right of contribution, reimbursement, recourse or subrogation available to the Guarantor against the Company or any other person liable for payment of the Indebtedness or any collateral security therefor, unless and until all ofthe Indebtedness shall have been fully paid and discharged. 347380/6 1 The Guarantor will payor reimburse the Franchising Authority for all reasonable costs and expenses (including reasonable attorneys' fees and legal expenses) incurred by the Franchising Authority in connection with the protection, defense or enforcement of this guaranty in any arbitration, litigation or bankruptcy or insolvency proceedings. The Guarantor will not assert, plead or enforce against the Franchising Authority any defense of discharge in bankruptcy of the Company, statute of frauds, or unenforceability of the Guaranty which may be available to the Company or any other person liable in respect of any Indebtedness, whether or not on account of a related transaction. ' Any notices given pursuant to this Agreement shall be addressed to the Guarantor and Company at 10 River Park Plaza, St. Paul, MN 55107, Attn: Vice President and General Manager, and to the Franchising Authority at 3540 Red Wing Boulevard, Hastings, MN 55033. IN WITNESS WHEREOF, the Company, Franchising Authority, and Guarantor have executed this Corporate Guaranty as ofthe day, month and year first above written. GUARANTOR: METEOR ACQUISITION INC. By: Its: COMPANY: MEDIAONE OF THE UPPER MIDWEST, INC. By: Its: FRANCHISING AUTHORITY: CITY OF HASTINGS, MINNESOTA By: Its: 347380/6 2