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Home My WebLink About05-16-05 CITY OF HASTINGS COUNCIL MEETING Monday, May 16, 2005 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approve Minutes of the Regular City Council Meeting on May 2, 2005 V. COUNCIL ITEMS TO BE CONSIDERED: Presentation-2005 Heritage Preservation Awards 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 Bills As Audited 2. Resolution-Approve Two-Day Liquor License Amendment: DuGarels 3. Resolutions-Request for Raffle and Temporary On-Sale Liquor License: St. Elizabeth Ann Seton 4. Resolution-Approve Gambling License Renewal for Minnesota Licensed Beverage Association (Rivers Grill & Bar) 5. Resolution-City Resolution to Join the Dakota County 800 MHZ Public Safety Radio Subsystem 6. Resolution-Authorize Participation in a County-Wide Joint Dispatch Center 7. Approve Use of City Hall for Summer Concert Series 8. Approve Budget Adjustments 9. Resolution-Accepting Donation from Betsy Sell 10. Approve Seeking Bids for Fire Station Ro.of Repair 11. Pay Estimate #8-to 3 Rivers Construction: Project 2004-1 Westwood Reconstruction project ($137,098.14) 12. Resolution-Final Plat #2005-27: Prairie Ridge (Centex) 13. Approve Joint Powers Agreement-Dakota County Pictometry Project 14. Award Bid-Fire Pumper Truck 15. Amend the Preliminary Master Agreement with Sherman Associates 16. Resolution-Development Agreement #2005-27: Prairie Ridge (Centex) VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-Centerpoint Energy Gas Franchise Agreement 2. Award Contract-Project 2005-1, Dakota Hills Area Improvements 3. Award Contract-Project 2005-2, Zweber Lane and Oak Ridge Drive Improvements 4. Public Hearing-Ordinance Amendment #2005-17: Shoreland Ordinance Impervious Surface Coverage 5. Public Hearing-Rezoning #2005-25: 1-1 to DC for Block 1 (HRAlSherman) 6. Public Hearing-Amend City Code Section 2.18: Heritage Preservation Commission VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Second Reading-Ordinance Amendment: Gas Franchise Agreement B. Planning 1. Second Reading/Ordinance Amendment-Ordinance Amendment #2005-17: Shoreland Impervious Surface Coverage 2. Second Reading/Ordinance Amendment-Rezoning #2005-25: 1-1 to DC for Riverfront Addition at Block 1 Downtown 3. Resolution-Preliminary Plat/Final Plat/SUP/Site Plan #2005-28: Riverfront Addition at Block 1 Downtown (Sherman Associates) 4. Resolution-Variance #2005-33: Sideyard Setback at 900 Pine Street (Trapp) 5. Resolution-SUP #2005-30: Automotive Repair at 2127 Vermillion Street (Zeien) 6. Resolution-Minor SubdivisionNariance #2005-29 at 1003 Sibley Street (Olson) C. Administration 1. Second Reading-Amend City Code Section 2.18: Heritage Preservation Commission 2. Resolution-SuPport Public Dock Project 3. Skate Park Vandalism IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Monday June 6, 2005 1,1) NO'\\DMO _N.... ~ ....COLnNO\ _NN ~ .........-tQO _NN In ~~ \Dt"tO"" _NN i LnNO'\\O ~ __N :IE "!I"....ut)1n __N III MO.....~"""' ........NC""\ tI)'....;::~)!J u.. m2t::4~ ~ N"'~::J~ In 8 ~ 3:-<O~~:;!: ~ ~ ....~r:::1!a :IE \D~f:3~ III LnNO'HO __N >- It! ID ::J I- ~ <( In "" 0; "" o o N -- o .-t N' .-t 1.0 an 0 0 N >- '0 It! c: '0 ::J CU c: 8 0 E ::E I 8 It! C .c E .... !.9 :s l"- I"- e It! ..., U Hastings, Minnesota City Council Minutes May 2, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 2, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Members Absent: Staff Members Present: Mayor Werner, Councilmembers Alongi, Hazlet, Hicks, Moratzka, Riveness, and Schultz None City Administrator Dave Osberg, City Attorney Shawn Moynihan, Planning Director John Hinzman, HRA Director John Grossman, Public Works Director Tom Montgomery, and Assistant City Administrator Melanie Mesko Lee Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of April 18, 2005. Hearing none, the minutes \Nere approved as presented. Council Items to be Considered City Administrator Osberg requested that Item # 8 ofthe Consent Agenda-Approve Change Order #1 for the LeDuc Mansion Parking Lot-Subsurface Drainage System Addition and Removal of Poor Soils, be pulled from the agenda. He also requested that a resolution supporting transportation be added to the Consent Agenda. Moved by Councilmember Moratzka, seconded by Councilmember Riveness to amend the Consent Agenda as requested. 7 Ayes; Nays, none. Consent Agenda Councilmember Hicks requested that Item #12- First Reading and Order Public Hearing to Amend City Code Section 2.18: Heritage Preservation Commission, be moved to Item #4 under Planning. . Moved by Councilmember Hicks seconded by Councilmember Moratzka to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Approve 2005 Beverage Agreement with Coca-Cola 3. Accept Donation from Lions Club for Party Wagon Purchase 4. Approve Overnight Use of Vermillion Falls Park by the South East Metro Amateur Radio Club on June 25 to 26, 2005 5. Approve Contract for Repair of City Hall Roof Stack 6. Approval to Seek Bids for Civic Arena Roof Repair 7. Resolution-Approve Gambling Premises Permit for West St. Paul Commercial Club at the Coliseum, 1840 Vermillion Street 8. Approve Change Order #1 for LeDuc Mansion Parking Lot-Subsurface Drainage System Addition and Removal of Poor Soils-Removed from Agenda 9. First Reading and Order Public Hearing-Centerpoint Energy Gas Franchise Agreement Minutes of the Regular Meeting of May 2, 2005 Page 2 of 3 10. First Reading and Order Public Hearing-Ordinance Amendment #2005-17: Shoreland Ordinance Impervious Surface Coverage. 11. First Reading and Order Public Hearing-Rezoning #2005-25: 1-1 to DC for Block 1 (HRAlSherman) 12. First Reading and Order Public Hearing to Amend City Code Section 2.18: Heritage Preservation Commission-moved to Planning for discussion 13. Approve Dedication of City Property for Canine Training Area 14. Resolution-Supporting and Participating in Dakota County Traffic Safety Project 15. Approve Joint Powers Agreement for Dakota County Traffic Safety Project 16. Resolution-Home Occupation Permit #2005-20 at 118 Farm Street (David Doffing) 17. Resolution-Supporting Transportation Copies of resolutions on file. Presentation of Water Quality and Production Study Results and Request for Authorization to Drill Two Test Wells Public Works Director Montgomery stated that rising nitrate levels in Wells #3 and #5 and the need to drill a new well to meet growing water supply needs has prompted staff to research and recommend that test wells be drilled at Conzemius Park and Vermillion Falls Park. Staff is also requesting authorization to seal off Well #1 , including demolition of the pump house. Staff will also research whether additional water conservation methods should be implemented. Councilmember Moratzka requested that a presentation on the Hastings Area Nitrate Study be done before the City Council. Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the test drilling for two wells, to authorize sealing Well #1, to research whether additional water conservation methods should be implemented. 7 Ayes; Nays, none. Presentation of Low System Water Modeling Results and Outline of Water Trunk Main Capital Improvement Plan Public Works Director Montgomery stated that staff is recommending construction of additional looping trunk watermains on the low system over the next five to seven years in conjunction with street reconstruction activities. Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the watermain looping concept as presented. 7 Ayes; Nays, none. Review of Proposed Terms for Sherman Agreement Jessica Cook of Ehlers & Associates provided some background on the proposed terms for a development agreement with Sherman. The City Council Finance Committee reviewed the proposed terms and recommend support of the terms presented. Moved by Council member Hicks, seconded by Councilmember Moratzka to accept the preliminary terms and direct staff to prepare a development agreement based on the proposal presented. 7 Ayes; Nays, none. Resolution-Site Plan/SUP #2005-07: Three Rivers Place Phase 1 at Block 2 Downtown Planning Director Hinzman stated the City Council Planning Committee has met with the applicant and is recommending approval of the site plan and special use permit for Phase I. Mayor Werner stated disappointment that the City still does not have any financial assurances that Phase II of the project will go forward. Councilmember Alongi stated that he was pleased with the improvements that have been made and that the project meets the Heart of Hastings plan. Council member Hicks stated that the developer has made a significant investment in the Minutes of the Regular Meeting of May 2, 2005 Page 3 of 3 property and that it is in their interest to maintain and further develop the south portion of Block 2. Councilmember Moratzka stated that this development will likely spur additional redevelopment downtown. There was discussion on the applicant's ability to request TIF at a later date. The applicant is currently not requesting any TIF and has made a statement that they do not intend to do so. The City Council must approve all requests for TIF. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the special use permit as presented. 7 Ayes; Nays, none. Copy of resolution on file. Moved by Council member Moratka, seconded by Council member Hicks to approve the site plan as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution-Variance #2005-26: Sideyard Setback at 703 East 2nd Street (Sherry) Moved by Councilmember Riveness, seconded by Councilmember Hicks to approve the variance as presented. 7 Ayes; Nays, none. Copy of resolution on file. First Reading and Order Public Hearing to Amend City Code Section 2.18: Heritage Preservation Commission Council member Hicks had some questions about the proposed language. Moved by Councilmember Hicks, seconded by Councilmember Alongi to approve the first reading and order a public hearing as presented. 7 Ayes; Nays, none. Adjournment Moved by Council member Alongi; seconded by Councilmember Hicks to adjourn the meeting at 8:37 p.m. 7 Ayes; Nays, None. ATTEST City Clerk Mayor Date: 05/12/2005 Time: 13:27:56 Operator: BECKY KLINE Page: 1 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report COUNCIL AND MAYOR -------------------- -------------------- ------------------------ ------------ 238.14 238.14* ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING , \ r M.I.S. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUILDING AND BUILDING AND BUILDING AND BUILDING AND BUILDING AND BUILDING AND PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FILTERFRESH COFFEE SERVICE Total for Department lG2 LASERSHARP, INC. TONER CARTRIDGE/ FAX NEOPOST LEASING MAILPRO RENTAL/JUNE NEXTEL COMMUNICATION CELL PHONE SERVICE Total for Department 105 INSIGHT PUBLIC SECTO MONITOR Total for Department 107 HASTINGS AREA CHAMBE MAR LODGING TAX WORK CONNECTION INC WEEK END 5-01/ KAISER Total for Department 120 LIFEWORKS SERVICES I MENARDS STOUDT KURT Total for CLEANING SERVlCES/CH SUPPLIES MAl NT SUPPLIES Department 140 & P DAKOTA COUNTY PROPER ABSTRACT RECORDING FEES DAKOTA COUNTY PROPER TORRENS RECORDING FEES Total for Department 150 NEXTEL COMMUNICATION CELL PHONE SERVICE Total for Department 160 BIRCHEN ENTERPRISES MAINT BREWER KAREN UNIFORM ALLOWANCE CITY OF WHITE BEAR L TRAINING CLASS/ CONNELL LEXIS NEXIS ONLINE RESEARCH ARCH WIRELESS PAGER LEASE PUCH, CRAIG EXPENSE REIMBURSEMENT RES. LAW OFFICERS OF RESERVE UNIT/MEMBERSHIP SCHMITZ, MICHAEL EXPENSE REIMBURSEMENT/ K STREICHER'S DUTY AMMO WOOD, NATHAN EXPENSE REIMBURSEMENT Total for Department 201 INSPECT 10,000 LAKES CHAPTER BAKKEN/ ED CONF INSPECT 10,000 LAKES .CHAPTER CHAPTER EDUCATION INSPECT BENSHOOF KEVIN ICC CERTIFlCATE/ INSPECT CITY OF HASTINGS REPLENISH PETTY CASH INSPECT DOWNTOWN TIRE & AUTO REPAIR/ CROWN VIC #806 INSPECT MCES APRIL SAC CHARGES Total for Department 230 BDM CONSULTING ENGIN LOT REVIEW CERT BOYER FORD TRUCKS BRAKE VALVE BOYER FORD TRUCKS CORE CREDIT BOYER FORD TRUCKS DRUMS/ SHOES 85.20 233.58 39.08 357.86* 151.58 151.58* 3,965.05 246.40 4,211. 45* 181. 88 8.18 19.19 209.25* 39.00 39.00 78.00* 50.08 50.08* 1,996.53 89.99 100.00 110.00 200.76 55.36 740.00 194.46 854.53 176.74 4,518.37* 90.00 60.00 160.00 40.00 72 .08 33,016.50 33,438.58* 1,950.00 328.72 -184.03 1,054.58 VI-1 Date: 05/12/2005 Time: 13:27:56 operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Description Department Vendor Name ------------------------ -------------------- -------------------- PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BOYER FORD TRUCKS STRAP BOYER FORD TRUCKS STRAPS/ INSULATORS DIAMOND VOGEL PAINT PAINT ENVIRONMENTAL EQUIPM GUARD FASTENAL COMPANY SHOVELS GERLACH SERVICE,INC. SUPPLIES GREAT RIVER SHOE CO SAFETY BOOTS/ PAGE J-CRAFT INC SEAL KIT MACQUEEN EQUIPMENT, CLAMP/ SPRING MONTGOMERY, THOMAS EXPENSE REIMBURSEMENT MOTOR PARTS SERVICE AIR FILTER MOTOR PARTS SERVICE CABLES MOTOR PARTS SERVICE FASTENERS MOTOR PARTS SERVICE FILTERS MOTOR PARTS SERVICE SUPPLIES MOTOR PARTS SERVICE VERSACHEM MOTOR PARTS SERVICE WASHER FLUID MOTOR PARTS SERVICE WIPER BLADE OTTO EXCAVATING, INC REPAIR STORM SEWER ROO EQUIPMENT / POWE PINS SHERWIN-WILLIAMS STRAINER SOLBERG AGGREGATE CO LINEROCK/ TRAIL MIX UNITED BUILDING CENT STAKES / SINKER VIC'S MACHINE SHOP/D LEVEE RAILING REPAIR WAHLSTROM MASONRY REPAIR PAVILLION ZARNOTH BRUSH WORKS, BROOM REFILLS ZEE MEDICAL SERVICES MEDICAL SUPPLIES Total for Department 300 6TH ANNUAL PARKS AND RECREATION WASTE MANAGEMENT LE DUC MANSION Total for Department 401 BDM CONSULTING ENGIN 05-3 LECDUC MANS Total for Department 450 Total for Fund 101 PARKS AND RECREATION CITY OF HASTINGS SKATE PARK/ START UP CAS PARKS AND RECREATION OOERER' S GENUINE PAR FHP BELT PARKS AND RECREATION FICKER TIM SAFETY BOOTS PARKS AND RECREATION GREENlMAGE QUICK LOCK/ WALLIN IRRIG PARKS AND RECREATION HASTINGS STAR GAZETT CLASSIFIED AD PARKS AND RECREATION MOTOR PARTS SERVICE LUBE/ GLASS CLEANER PARKS AND RECREATION UNITED BUILDING CENT LUMBER PARKS AND RECREATION ZEE MEDICAL SERVICES FIRST AID SUPPLIES Total for Department 401 Total for Fund 200 PARKS AND RECREATION CITY OF HASTINGS POOL START UP CASH Page: 2 Amount ------------ 49.29 201.63 1,312.08 124.82 25.25 114.88 125.00 18.50 23.17 239.93 15.31 25.28 5.12 143.37 25.68 4.53 85.15 46.28 3,707.00 146.08 11.66 1,316.33 24.31 2,960.00 350.00 926.76 182.60 15,359.28* 4,.492.50 4,492.50* 256.00 256.00* 63,361.09* 50.00 4.93 52.50 3.51 84.40 12.36 5.42 252.23 465.35* 465.35* 400.00 Date: 05/12/2005 Time: 13:27:56 operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ PARKS AND RECREATION FERGUSON ENTERPRISES FLOOR DRAINS PARKS AND RECREATION SHERWIN-WILLIAMS PAINT Total for Department 401 Total for Fund 201 HERITAGE PRESERVATIO MOEN, CLIFF OIL PAINTINGS HERITAGE PRESERVATIO SMITH, CYNTHIA EXPENSE REIMBURSEMENT Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE CITY OF HASTINGS REPLENISH PETTY CASH MEDICAL DISPOSAL SYS HAZ WASTE COLLECTION CON MOTOR PARTS SERVICE DEX COOL SCHUTT, MIKE AIR COMPRESSOR PARTS WHITEWATER WIRELESS, TROUBLESHOOT UPSTAIRS WI WHITEWATER WIRELESS, VEH 1498/ SENTRA LOK WHITEWATER WIRELESS, VEH 1499/SENTRALOK Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE CHARLES WERNER REFUND OVERPAY MARGARAET CHAMBERLAI REFUND OVERPAY BOUND TREE/NORTH AME MED SUPPLIES HEALTH PARTNERS ERROR IN PAYMENT/VIRGINI I-STATE TRUCK CENTER FRONT SUSPENSION REPAIR/ LIFE LINE EMERGENCY AMBULANCE PARTS MEDTRONIC PHYSIO-CON QUIK-COMBOW/REDI PAK ELE NINETY-FOUR SERVICES FOG LAMPS/ AMB REGINA MEDICAL CENTE AMB MEDS APR REGINA MEDICAL CENTE APR AMB SUPPLIES Total for Department 220 Total for Fund 213 FINANCE SOS OFFICE FURNITURE CHAIRS Total for Department 120 Total for Fund 403 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN 2003-3 SPIRAL & 31ST BDM CONSULTING ENGIN 2003-6 GS DR EXT/BRIDGE BDM CONSULTING ENGIN RSO Total for Department 300 Total for Fund 493 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN 04-2 31ST ST BDM CONSULTING ENGIN 04-4 10TH HWY61 E & G CONSULTING INC 04-01 WESTWOOD INSPECTIO Page: 3 Amount ------------ 42.60 22.35 464.95* 464.95* 1,550.00 18.71 1,568.71* 1,568.71* 13.50 69.00 89.40 25.39 85.25 149.15 149.15 580.84* 598.28 506.60 23.58 128.37 152.70 13.78 260.32 105.87 911.85 418.46 3,119.81* 3,700.65* 1,566.88 1,566.88* 1,566.88* 3,057.00 234.00 217.00 3,508.00* 3,508.00* 93.00 2,192.00 6,080.00 Date: 05/12/2005 Time: 13:27:57 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING PUBLIC WORKS PUBLIC WORKS THREE RIVERS CONSTRU WESTWOOD AREA Total for Department 300 Total for Fund 494 BDM CONSULTING ENGIN 05-1 DAKOTA HILLS BDM CONSULTING ENGIN 05-5 DOWNTOWN DEV BDM CONSULTING ENGIN DOWNTOWN DEV BDM CONSULTING ENGIN PROJ REVIEW BDM CONSULTING ENGIN SO FRONTAGE RD 05-3 CONSTRUCTION BULLET I 05-2 ZWEBER LN Total for Department 300 Total for Fund 495 MATT PARROTT & SONS LASER DISCONNECT NOTICES TWIN CITY WATER CLIN BACTERIA ANALYSIS Total for Department 300 Total for Fund 600 BOYER FORD TRUCKS BRAKE KIT DEALER AUTOMOTIVE SE AIR COND SERVICE HASTINGS TIRE & AUTO TIRE REPAIR HASTINGS TIRE & AUTO TIRES KREMER SPRING & ALIG TIE ROD REPAIRS MOTOR PARTS SERVICE WIPER BLADES Total for Department 107 Total for Fund 610 FASTENAL COMPANY ROD FASTENAL COMPANY T-RODS GLENWOOD INGLEWOOD C WATER COOLER RENTAL K.R. WEST CO. INC. PRESSURE SWITCHES/ REPAI UNITED KISER SERVICE BEARING REPAIR Total for Department 300 Total for Fund 620 BDM CONSULTING ENGIN 03-2 RIVERWOOD H & H BDM CONSULTING ENGIN DAKOTA COUNTY JAIL BDM CONSULTING ENGIN GLENDALE HTS BDM CONSULTING ENGIN LAWRENCE CONDOS BDM CONSULTING ENGIN PRAIRIE RIDGE BDM CONSULTING ENGIN RIVERWOOD 8TH Total for Department 150 BDM CONSULTING ENGIN EASTENDERS ADD BDM CONSULTING ENGIN GLENDALE HTS 2ND Page: 4 Amount ------------ 137,098.14 145,463.14* 145,463.14* 1,424.00 1,340.00 9,720.86 1,747.00 64.00 187.86 14,483.72* 14,483.72* 359.90 160.00 519.90* 519.90* 102.00 588.88 50.87 925.04 559.54 41. 03 2,267.36* 2,267.36* 34.26 185.22 7.46 2,414.58 10,318.73 12,960.25* 12,960.25* 1,756.00 375.00 62.50 875.00 2,250.00 31. 00 5,349.50* 124.00 1,073.00 Date: 05/12/2005 Time: 13:27:57 operator: BECKY KLINE Page: 5 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN GLENDALE HTS GRADING VER BDM CONSULTING ENGIN SCHOOL HOUSE SQ BDM CONSULTING ENGIN SENIOR HOUSING BDM CONSULTING ENGIN SO OAKS 2ND BDM CONSULTING ENGIN SO PINES 4TH BDM CONSULTING ENGIN VALLEY MANOR 2ND BDM CONSULTING ENGIN WALLIN 11TH Total for Department 300 Total for Fund 807 Grand Total 1,026.00 217.00 155.00 250.00 62.00 31. 00 179.00 3,117.00* 8,466.50* 258,796.50* May 16,2005 Mayor Werner atyof rtstrgs Nenmnim To: City Council From: Becky Kline, Finance Department Date: 05/11/2005 The attached Department Report itemi zes vouchers that were paid on May 11, 2005. Thank you. Date: 05/10/2005 Time: 09:05:05 Operator: CHAR STARK CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (r) 42392 - 42392 Bank #: (A) options: Print Ranges/Options: Y Page on Department: N # of copies: 1 Page: 1 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE MAINTENANCE MN CHILD SUPPORT PMT CASE 00138614701 & 00007 MN CHILD SUPPORT PMT CASE 001435452601 Total for Department 000 LEAGUE/MN CITIES INS FINAL AUDIT Total for Department 102 LEAGUE/MN CITIES INS FINAL AUDIT OFFICE MAX - A BOISE PENS OFFICE MAX - A BOISE SUPPLIES Total for Department 105 ALLINA MEDICAL CLINI RANDOM/ BIRK ALLINA MEDICAL CLINI RANDOM/ SCHUTT CAREERBUILDER.COM PRE-ORDER OF POSTINGS HASTINGS STAR GAZETT 2005 ST/UTIL IMP HASTINGS STAR GAZETT 3 RIVERS PLACE HASTINGS STAR GAZETT AD/PT PARKS CLERICAL HASTINGS STAR GAZETT CHAP 10/CORE ZONING HASTINGS STAR GAZETT CONAGRA FLOODWALL HASTINGS STAR GAZETT CREDIT APPLIED HASTINGS STAR GAZETT IND PARK #7 HASTINGS STAR GAZETT KDWA RADIO TOWER HASTINGS STAR GAZETT LEDUC PARKING LOT HASTINGS STAR GAZETT LIQ LIC FEES HASTINGS STAR GAZETT NRRC VAC HASTINGS STAR GAZETT ORD 529 HASTINGS STAR GAZETT ORD AMEND/SHORELAND HASTINGS STAR GAZETT ORD PU NOTICE HASTINGS STAR GAZETT REZONE/401 RAMSEY LEAGUE/MN CITIES INS FINAL AUDIT SIGN-A-RAMA OFFICE SIGNS WELLS FARGO BANK/ CR SOFTWARE/ RAUSCH Total for Department 107 LEAGUE/MN CITIES INS FINAL AUDIT WORK CONNECTION INC KAISER/ WEEK END 4/24 Total for Department 120 DALCO GENERAL SUPPLIES 460.54 238.57 699.11* 22.40 22.40* 115.80 16.32 301.68 433.80* 20.00 50.00 870.00 228.90 44.25 134.00 35.40 26.55 -30.00 35.40 35.40 70.80 ?l.55 35.40 44.25 26.55 35.40 35.40 1,213.10 666.61 174.99 3,823.95* 112.35 308.00 420.35* 421.14 Date: 05(10(2005 Department Time: 09:05:06 operator: CHAR STARK CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name Description -------------------- -------------------- ------------------------ MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.I.S. M.I.S. M. I.S. M.I.S. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUILDING AND BUILDING AND BUILDING AND BUILDING AND SAFETY COMMITTEE PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS DALCO GENERAL SUPPLIES(CH & PD FILTRA TECH SYSTEMS AIR FILTERS( CH & PD GRAINGER, W.W. INC. SUPPLIES JOHNSTONE SUPPLY SUPPLIES( CH LEAGUE(MN CITIES INS FINAL AUDIT MENARDS SUPPLIES MINNEGASCO,ACCT'S PA MONTHLY GAS( APRIL NEXTEL COMMUNICATION CELL PHONE U.S. FLAG ETIQUETTE FLAG ADVISORY SERVICE Total for Department 140 LEAGUE(MN CITIES INS FINAL AUDIT Total for Department 150 LEAGUE(MN CITIES INS FINAL AUDIT WELLS FARGO BANK( CR DELL AC ADAPTER WELLS FARGO BANK( CR GFI ( SOFTWARE MAINT WELLS FARGO BANK( CR REPAIR( NOTEBOOK Total for Department 160 BLACK DIAMOND DESIGN HPD ID PATCHES BLACK DIAMOND DESIGN KEGLEY( UNIFORM DE LAGE LANDEN FINAN DICTATION SYSTEM HASTINGS VEHICLE REG REGISTRATION(2002 CHEV HASTINGS VEHICLE REG REGISTRATION(2004 CHEV LEAGUE(MN CITIES INS FINAL AUDIT NEXTEL COMMUNICATION CELL PHONE SERVICE OFFICE MAX - A BOISE OFFICE SUPPLIES STREICHER'S TRAINING AMMUNITION XCEL ENERGY ELECTRIC SERVICE Total for Department 201 INSPECT DELL DIRECT SALES L. COMPUTER INSPECT INSIGHT PUBLIC SECTO MONITOR INSPECT LEAGUE(MN CITIES INS FINAL AUDIT INSPECT WELLS FARGO BANK( CR SOFTWARE Total for Department 230 LEAGUE OF MN CITIES SAFETY EVENT( PAULSON & Total for Department 240 DIVERSIFIED INSPECTI INSPECTION GARTZKE CONST. CO. LOADER RENTAL GORDY'S GLASS WINDSHIELD KIMBALL-MIDWEST PAINT( SCREWS LEAGUE(MN CITIES INS FINAL AUDIT MINNEGASCO,ACCT'S PA MONTHLY GAS( APRIL NEXTEL COMMUNICATION WIRELESS CHARGES XCEL ENERGY ELECTRIC SERVICE Total for Department 300 Page: 2 Amount ------------ 21. 82 95.26 122.14 45.43 198.85 126.05 3,524.40 43.36 60.00 4,658.45* 98.56 98.56* 34.98 38.32 135.00 50.00 258.30* 38.34 20.00 290.05 603.00 801.25 5,648.51 896.01 773.83 1,304.63 36.47 10,412.09* 637.14 151. 58 198.16 174.99 1,161. 87* 30.00 30.00* 325.00 2,840.00 665.74 79.85 2,755.85 474.57 605.38 12,904.99 20,651. 38* Date: 05/10/2005 Time: 09:05:06 Operator: CHAR STARK CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ PARKS AND RECREATION LEAGUE/MN CITIES INS FINAL AUDIT Total for Department 401 LE DUC MANSION CARTER, ARGINE/ CART CUSTOM BAMBOO Total for Department 450 MISCELLANEOUS LEAGUE/MN CITIES INS FINAL AUDIT Total for Department 600 Total for Fund 101 PARKS AND RECREATION FARMERS MILL & ELEVA FERTILIZER/ HERBICIDE PARKS AND RECREATION FASTENAL COMPANY SHOVELS PARKS AND RECREATION GRAPHIC DESIGN BROCHURES/ FORMS PARKS AND RECREATION IND. SCHOOL DISTRICT HAND SOAP PARKS AND RECREATION JIRIK SOD FARM INC SOD/ WALLIN WARMING HOUS PARKS AND RECREATION LEAGUE/MN CITIES INS FINAL AUDIT PARKS AND RECREATION LEEF BROTHERS, INC. TOWELS PARKS AND RECREATION MARTIN JEFFREY A LIFT RENTAL PARKS AND RECREATION METRO ATHLETIC SUPPL SET OF BASES PARKS AND RECREATION MINNEGASCO, ACCT' S PA MONTHLY GAS/ APRIL PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION OFFICE MAX - A BOISE OFFICE SUPPLIES PARKS AND RECREATION UNITED BUILDING CENT STAKES PARKS AND RECREATION XCEL ENERGY ELECTRIC SERVICE Total for Department 401 Total for Fund 200 PARKS AND RECREATION ADOLPH KIEFER & ASSO SUITS PARKS AND RECREATION DALCO CLEANING SUPPLIES PARKS AND RECREATION GRAINGER, W. W. INC. GFCI PLUG PARKS AND RECREATION GRAPHIC DESIGN BROCHURES/ FORMS PARKS AND RECREATION LEAGUE/MN CITIES INS FINAL AUDIT PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS/ APRIL PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION STATE SUPPLY CO BATHROOM REPAIR PARKS AND RECREATION STATE SUPPLY CO BATHROOM SUPPLIES PARKS AND RECREATION STATE SUPPLY CO SHOWER SUPPLIES PARKS AND RECREATION XCEL ENERGY ELECTRIC SERVICE Total for Department 401 Total for Fund 201 FIRE FIRE FIRE FIRE FIRE AMERIPRIDE LINEN & A TOWELS ANCOM COMMUNICATIONS PAGER REPAIR CHRISTIANSON, MICHAE SURGE PROTECTORS CUSTOM FIRE APPARATU REPAIRS/ 1483 DIVERSIFIED INSPECTI LADDER INSPECTIONS Page: 3 Amount ------------ 87.36 87.36* 2,075.70 2,075.70* 2,067.79 2,067.79* 46,901.11* 2,878.70 25.25 61. 77 52.09 89.88 1,323.21 57.71 480.00 170.35 1,309.50 325.56 116.34 31. 95 814.60 7,736.91* 7,736.91* 1,963.68 799.74 55.78 936.14 789.38 156.53 41.69 61. 57 207.15 201. 04 148.37 748.81 6,109.88* 6,109.88* 27.63 58.42 42.58 244.90 900.00 Date: 05/10/2005 Time: 09:05:06 Operator: CHAR STARK CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ FIRE FIRE FIRE FIRE FIRE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE LEAGUE/MN CITIES INS FINAL AUDIT MINNEGASCO,ACCT'S PA MONTHLY GAS/ APRIL VERIZON WIRELESS CELL PHONE CHARGES WALMART COMMUNITY OFFICE SUPPLIES WALMART COMMUNITY STATION SUPPLIES Total for Department 210 BOUND TREE/NORTH AME MEDICAL SUPPLIES DAKOTA COUNTY PUBLIC ALS CONTINUING ED HASTINGS TIRES PLUS REPAIR FLAT TIRE/AMB 146 LEAGUE/MN CITIES INS FINAL AUDIT MOORE MEDICAL CORP. AMBULANCE SUPPLIES PRAXAIR DISTRIBUTION OXYGEN WALMART COMMUNITY AMB SUPPLIES WINGFOOT COMMERCIAL TIRES/ AMB 1462 Total for Department 220 Total for Fund 213 HOUSING AND REDEVELO LEAGUE/MN CITIES INS FINAL AUDIT Total for Department 500 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY CLERK Total for Fund 404 CONSTRUCTION BULLET I 05-2 ZWEBER LANE Total for Department 300 Total for Fund 495 BAHLS SERVICE CAPS FEDERAL EXPRESS CORP SHIPPING G & K SERVICES MAT/ TOWEL RENTAL LEAGUE/MN CITIES INS FINAL AUDIT MINNEGASCO,ACCT'S PA MONTHLY GAS/ APRIL NEXTEL COMMUNICATION WIRELESS CHARGES NINE EAGLES PROMOTIO DUBE/ CLOTHING NINE EAGLES PROMOTIO WYTASKE/ CLOTHING XCEL ENERGY ELECTRIC SERVICE Total for Department 300 Total for Fund 600 HOSE/CONVEYORS INC. PVC / CLAMPS LEAGUE/MN CITIES INS FINAL AUDIT XCEL ENERGY ELECTRIC SERVICE Total for Department 300 Total for Fund 601 LEAGUE/MN CITIES INS FINAL AUDIT Page: 4 Amount ------------ 4,352.35 896.78 112.86 72 .87 154.18 6,862.57* 15.30 3,024.79 20.98 402.01 440.28 163.44 174.12 58.83 4,299.75* 11,162.32* 129.24 129.24* 129.24* 187.86 187.86* 187.86* 8.38 22.42 133.23 688.92 677 . 46 326.32 144.00 250.00 2,938.42 5,189.15* 5,189.15* 110.97 990.82 549.40 1,651.19* 1,651.19* 189.02 Date: 05/10/2005 Time: 09:05:07 Operator: CHAR STARK Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ CITY CLERK NEXTEL COMMUNICATION CELL PHONE Total for Department 107 41.22 230.24* Total for Fund 610 230.24* PARKS AND RECREATION DALCO CLEANING SUPPLIES PARKS AND RECREATION DOERER'S GENUINE PAR BATTERIES PARKS AND RECREATION LEAGUE/MN CITIES INS FINAL AUDIT PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS/ APRIL PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION SHERWIN-WILLIAMS PAINT/ LOCKER ROOMS PARKS AND RECREATION XCEL ENERGY ELECTRIC SERVICE Total for Department 401 758.12 110.65 416.49 4,232.94 63.11 23.43 7.73 5,612.47* Total for Fund 615 5,612.47* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS K.R. WEST CO. INC. MICRON SWITCHES LEAGUE/MN CITIES INS FINAL AUDIT NORTH AMERICAN HYDRO INSPECTION Total for Department 300 60.85 289.85 3,420.30 3,771.00* Total for Fund 620 3,771. 00* Grand Total 88,681. 37* VI-2 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator May 11, 2005 Liquor License Amendment for July 15 & 16, 2005 for DuGarel's Reauested Action Approve the attached resolution approving a request to amend the liquor license of DuGarel's for July 15 & 16, 2005 contingent upon all requirements being met. Backaround Attached is a request from Jessie Ritter, manager of DuGarel's, for an amendment to their liquor licenses and to allow for a tent on July 15 & 16 as part of the Rivertown Days festivities. The amendment is to allow the sale of liquor in a temporary site (in this case a tent), on the same property adjacent to the permanent structure. Access to the tent will be through the building of DuGarel's, and no alcohol will be allowed outside of either the permanent or temporary site. Ms. Ritter has provided a drawing of the site as well as Proof of Insurance from his insurance agent for the temporary liquor sales. Ms. Ritter will work with both the Fire and Police Departments for final approval of safety issues. Ms. Ritter still needs to remit the $5.00 City fee for this request. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05- -05 RESOLUTION APPROVING LIQUOR LICENSE AMENDMENT FOR DUGAREL'S WHEREAS, Ms. Jessie Ritter has presented application to the City of Hastings to amend the liquor license to allow for a tent at DuGarel's on July 15 & 16, 2005; and WHEREAS, a written request has been submitted; and WHEREAS, Ms. Ritter has presented the City with a site plan as well as Proof of Insurance of the temporary liquor sales and will work with the City's Fire and Police Departments for final approval NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and Administrative Assistant/City Clerk are authorized and directed to sign this resolution amending the liquor license to allow a tent at DuGarel's on July 15 & 16, 2005, contingent upon all requirements being met and all fees being paid. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 16th DAY OF MAY, 2005. Ayes: Nays: Absent: Michael D. Werner, Mayor Melanie Mesko Lee, Assistant City Administrator/City Clerk (SEAL) I MEMORANDUM I VI-3 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator May 11, 2005 Application for Gambling Permit and Temporary Liquor License- Saint Elizabeth Ann Seton Recommended City Council Action: Approve the attached resolutions, approving a gambling permit and a temporary liquor license for Elizabeth Ann Seton School. The gambling will be conducted September 17 and 18 and the liquor license will be effective for the same dates as part of their outdoor Fall Parish Festival. Backaround: If Council should approve this application, the attached resolutions will be sent to the Minnesota Lawful Gambling Board and Alcohol and Gambling Enforcement Division, showing the City's approval. The Council approved a similar request by this organization the last several years. Should you have any concerns or questions, please do not hesitate to contact me. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05- -05 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: MAY 16, 2005 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 16th of May, 2005 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 05- -05, approving application by Elizabeth Ann Seton School to conduct gambling on September 17 and 18, 2005 at Elizabeth Ann Seton Church, 2035 15th Street West. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION NO. 05- -05 RESOLUTION APPROVING THE APPLICATION BY ELIZABETH ANN SETON TO CONDUCT A RAFFLE WHEREAS, the Elizabeth Ann Seton School has presented an application to the City of Hastings to conduct gambling on September 17-18, 2005 at Elizabeth Ann Seton Church, 2035 15th Street West; and; WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to approve the request; and WHEREAS, the application for an Exempt Permit Gambling license has been presented; and WHEREAS, St. Elizabeth Ann Seton has paid the required fees. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Hastings . that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted on the 16th day of May 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk (SEAL) CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05- 05 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: May 16, 2005 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 16th day of May, 2005 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 05- -05, approving application by Saint Elizabeth Ann Seton School for a temporary on-sale liquor license on September 17 and 18, 2005 at Saint Elizabeth Ann Seton Church, 2035 15th Street West. The following Councilmembers were present: and the following Councilmembers were absent: Councilmember resolution and moved its adoption: introduced the following RESOLUTION NO. 05- -05 RESOLUTION APPROVING THE APPLICATION BY SAINT ELIZABETH ANN SETON FOR A TEMPORARY LIQUOR LICENSE WHEREAS, the Saint Elizabeth Ann Seton School has presented an application to the City of Hastings to sell beer for September 17 and 18, 2005 at Saint Elizabeth Ann Seton Church, 2035 15th Street West; and WHEREAS, the Minnesota Department of Public Safety requires a Resolution be passed to approve the request; and WHEREAS, the application for a Temporary Liquor License has been presented; and WHEREAS, Saint Elizabeth Ann Seton has paid the required fees. NOW, THERERFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Public Safety, showing the approval of this application for a temporary on-sale liquor license. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted on the 16th day of May, 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk SEAL VI-4 Memorandum l: ~. ~ ( I I To: From: Date: Subject: Mayor Werner and City Council Melanie Mesko Lee, Assistant City Administrator May 11, 2005 Resolution _ To Renew Charitable Gambling Premises Permit- at River's Grill & Bar- Beverage Minneapolis Minnesota Licensed Childrens Fund Council Action Reauested: Approve the attached Resolution, approving a Class B Premises Permit to allow Beverage Minneapolis Minnesota Licensed Childrens Fund to conduct charitable gambling at River's Grill & Bar located at 412 Vermillion Street. Backaround Information: The City has received application from the Beverage Minneapolis Minnesota Licensed Childrens Fund for a renewal of their Class B Premises Permit to allow charitable gambling at River's Grill & Bar located at 412 Vermillion Street. The Class B licenses includes: raffles, paddlewheels, tipboards, and pull-tabs. A resolution is required by the Minnesota Lawful Gambling Board either approving or denying the application. This permit would be in effect from July 1, 2005 through June 30, 2007. The applicant is currently in compliance with City donation requirements. Should you have any concerns or questions, please do not hesitate to contact me. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 05- -05 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE RENEWAL OF A CHARITABLE GAMBLING LICENSE BY THE BEVERAGE MINNEAPOLIS MINNESOTA LICENSED CHILDRENS FUND AT THE RIVER'S GRILL & BAR AT 412 VERMILLION STREET WHEREAS, the Beverage Minneapolis Minnesota Licensed Childrens Fund located at the River's Grill & Bar at 412 Vermillion Street has a current license to conduct Charitable Gambling; and WHEREAS, the license expires June 30, 2005 and the Minnesota Gambling Board requires a resolution from the City Council to approve the applicant's license; NOW, THEREFORE, be it resolved that the Hastings City Council approves the renewal of a premises permit effective June 30, 2005 to June 30, 2007 to be issued to the Beverage Minneapolis Minnesota Licensed Childrens Fund, subject to the following condition: 1. Beverage Minneapolis Minnesota Licensed Childrens Fund comply with all City ordinances now in effect and which may be added in the future, including any lawful expenditure requirements. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 16th DAY OF MAY, 2005. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk (SEAL) VI-5 & VI-6 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator May 9, 2005 Resolutions: Join the Dakota County 800 MHZ Public Safety Radio Sub System Authorizing Participation in the Dakota County Joint Dispatch Center Recommended City Council Action It is recommended that the City Council take action approving the attached resolutions: 1.) Join the Dakota County 800 MHZ Public Safety Radio Sub System 2.) Authorizing Participation in a Dakota County Joint Dispatch Center Back2round The City of Hastings contracts with Dakota County for dispatch services, except for certain times and dispatch calls associated with the Hastings Fire and Ambulance Department. Throughout the last year, a large number of Law Enforcement, Fire and Ambulance, City Managers and Administrators, County Staff and elected officials have been studying the concept of a more consolidated dispatch service throughout Dakota County. Currently there are 6 dispatch centers throughout the County, with the City "purchasing" the dispatch service through Dakota County. Much of the momentum for discussing thoroughly the concept of joint dispatch stems from the transition to 800 MHZ radio systems, and significant funding to assist with that transition. Furthermore, a variety of City, County Elected officials and Staff members have been looking at ways to share services, and this concept of joint dispatch was discussed thoroughly during the High Performance Partnership study (HiPP).Throughout the last several months, I have participated on a Committee that has conducted a exhaustive evaluation of the various models associated with a Joint Dispatch Center. All communities are being asked to approve the resolutions relating to 800 MHZ and the Joint Dispatch Center, prior to the end of the month, to allow for a full report to the Metro Radio Board prior to June 1, 2005. The management of the Joint Dispatch Center will be governed by a Joint Powers Board, with Hastings elected official(s) serving on the Board of Directors and other City Staff members serving on the Operating Board and Executive Committee. The details of the Joint Powers Board will be brought before the City Councils for final approval in the next year or so, prior to implementation. A full report and background paper is being prepared by the Dakota County Staff and consultants working on this project, and will be available for the City Council meeting on May 16th, 2005. A letter from the consultants working on the project is attached for your information. As I am out of the office all during the week of May 9th, I will attempt to have the infonnation in your hands as soon as possible. Staff has discussed this throughout the last several months, and certain budgeting has already started for the 800 MHZ system. While much work needs completion, the cooperative attitudes and efforts from Dakota County and all communities, combined with significant funding contributions available through the County and Federal Government, results in an unprecedented opportunity for the City of Hastings, along with the remaining Cities in the county, and also Dakota County. David M. Osberg City Administrator RESOLUTION NO. CITY RESOLUTION TO JOIN THE DAKOTA COUNTY 800 MHz PUBLIC SAFETY RADIO SUBSYSTEM WHEREAS, Minn. Stat. 473.904 required that metropolitan counties prepare a communications system planning document on current and potential participation in the regional 800 MHz public safety radio communications system; and WHEREAS, the County and its cities currently operate independent VHF public safety radio systems not capable of interoperable communications; and WHEREAS, Dakota County in cooperation with the cities in the County studied this issue and issued reports in 1997 and 2000 concluding that the current independent VHF public safety radio systems were meeting the current needs of the agencies and that the County did no intend to participate in the regional 800 MHz system at that time; and WHEREAS, the terrorist events of September 11, 2001 have shown the necessity for an interoperable public safety radio system; and WHEREAS, the County and its cities again studied participation in the regional 800 MHz public safety radio system and in a report issued in 2004 unanimously recommended that the county participate in the regional 800 MHz public safety radio system; and WHEREAS, in 2004 the Dakota County Board of Commissioners authorized the County to join the Metropolitan Regional 800 MHz public safety radio system; and WHEREAS, significant federal grant funds have been made available through the US Department of Homeland Security to implement interoperable radio communications systems; and WHEREAS, Dakota County has received approximately $6 million in grant funds to construct a Dakota County 800 MHz public safety radio subsystem; and WHEREAS, Dakota County has retained a consulting firm to design the County integrated 800 MHz subsystem to serve all areas of the County; and WHEREAS, the design of the County subsystem is being overseen by technical and policy committees made up of county and city participants; and WHEREAS, participation in the Dakota County 800 MHz public safety radio subsystem will provide the City of Hastings with full interoperable communications with the County and all participating cities in the County as well as with all participants in the regional system; and WHEREAS, in order to meet federal grant deadlines, the final design of the County subsystem must be completed and submitted to the Metropolitan Radio Board (or its successor) in June, 2005; and WHEREAS, to complete the design of the subsystem, it is necessary to determine the cities that will participate in the Dakota County 800 MHz subsystem; and WHEREAS, the County and participating cities will need to enter into a cooperative agreement that will detail the terms and conditions of participating in the County subsystem. NOW, THEREFORE, BE IT RESOLVED, that the City of Hastings will participate in the Dakota County Integrated 800 MHz Public Safety Radio System; and BE IT FURTHER RESOLVED, that the cooperative agreement be brought to the City Council for approval; and BE IT FURTHER RESOLVED, that the City Administrator communicate the cities intention to the County. Ayes: Nays: Absent: ATTEST: Mayor City Clerk (SEAL) RESOLUTION # Resolution of the City Council of the City of Hastings Authorizing Participation in a Dakota County Joint Dispatch Center WHEREAS, The High Perfonnance Partnership (HiPP) effort of Dakota County and the Cities has identified joint dispatch as one activity to study; and WHERES, A HiPP Joint Dispatch Policy Committee, co-chaired by Burnsville Mayor Elizabeth Kautz and Lakeville City Manager, has been studying joint dispatch for the last four months; and WHEREAS, Dakota County and all its Cities are currently cooperating in the design of a Dakota County 800 MHZ public safety radio communications sub-system, and an important design consideration is the number and location of Public Safety Answering Points (dispatch centers); and WHEREAS, One dispatch center can provide more efficient, effective and economic dispatch services throughout the entire County, by providing opportunities to improve services through upgraded technology and equipment, reduced redundant functions, reduced personnel costs and less overhead; and WHEREAS, The Legislative Auditor's Report on PSAP's and 991 Service Delivery encourages PSAP consolidation and Dakota County has agreed to provide the capital costs of one Joint Dispatch Center to serve all public safety agencies in the County; and WHEREAS, The HiPP Joint Dispatch Policy Committee recommends that the County and its Cities participate in the Joint Dispatch Center, with Dakota County and the Cities sharing in the annual operating expenses associated with the Joint Dispatch Center; and WHEREAS, The management and operation of the Joint Dispatch Center will be governed by a Joint Powers Agreement that will provide all participants a strong voice in the operations and management of the Center; and NOW, THEREFORE BE IT RESOLVED, by the City Council ofthe City of Hastings hereby agrees to participate in County-wide Joint Dispatch Center to be governed by a Joint Powers Agreement; and BE IT FURTHER RESOLVED, That the City Administrator is directed to bring the Joint Powers Agreement to the City Council for approval; and BE IT FURTHER RESOLVED, That the City Administrator infonn Dakota County of the decision by the Hastings City Council to join the Joint Dispatch Center. Adopted by the Hastings City Council this 16th Day of May, 2005 Ayes: Nays: Michael D. Werner Mayor Melanie Mesko Lee City Clerk -seal- ~c ALLIANce 14921 Fifth Avenue South . Minneapolis, MN 55409 ! , I Voice: 612 720;.5$43 I Fax: 612 825.8912 I Toll Free: 888384-9171 i info@pscalliance;com I www.pscalliance.com I May 05, 2005 Mr. Brandt Richardson County Administrator Dakota County Government Center . 1590 Highway 55 Hastings, MN 55337 Re: Joint Dispatch Dear Brandt: I have had the privilege of providing consulting services to Dakota County from time-to-time since 1997. I have also provided certain se rvices directly to some of the individual communities within the county during a comparable window of time. Our professional efforts have all focused on the issue of public safety service delivery and communications technolog y during that period. During each prior engagement the issue of dispatch consolidation has consistently surfacecl at one time or another in every venue. It is my observation that at no time since 1997 has the interest, commitment, and enthusiasm of all of the local government stake holders to consider actual methods of implementing joint dispatch been higher than it is right now. I also suggest that the opportunity to actually implement joint dispatch has never been better than it is now. Recommendations At an April meeting of the HiPP policy group, I committed to offer some spedfic recommendations concerning joint dispatch for consideration by the members. We recommend that: 1. Dakota County and its partnering communities establish a single, jointly operated public safety dispatch center to serve all of the citizens of the County. 2. The single joint PSAP be governed and operated as a Joint Powers Agency pursuant to the principles and governance considerations as established in the documented record of meetings of the HiPP Joint Dispatch study group. S-S:~ Mr. Brandt Richardson May 05, 2005 3. Appropriate provisions for redundancy be incorporated into the design and that back-up strategies be planned and executed in the event of outage at the single joint PSAP. 4. Every community within Dakota County participate in the single joint dispatch fadlity and that all public safety agencies migrate their two-way radio communications to the 800 MHz radio backbone. 5. A single set of appropriate central electronics dispatch center infrastructure be acquired and built to service the needs of the County and the individual jurisdictions through the joint dispatch center. Benefits Benefits of implementing these recommendations include: 1. Significant avoided capital cost for every community operating a PSAP today. 2. Significant recurring operating cost savings realized Countywide by leveraging and aggregating dispatch center staff to serve the entire user community across the county. 3. Enhanced commu nications interoperability. 4. Improved command, control, and deployment coordination of public safety personnel equipment and staff during both routine and cri sis situations. The joint dispatch model provides a template which can be applied to other public safety, shared service initiatives within the County. S. Service levels which are equal to or better than that possible today. 6. Greater process discipline through a shared governance and operational structure. 7. The opportunity to collect meaningful performance metrics leading to best-in-class management of the service delivery process. 8. Increased opportunities for continued professional development and advancement of specialized dispatch center staff serving a countywide community base. 9. Greater dispatch center staff depth & deployment flexibility Page 2 Mr. Brandt Richardson May 05, 2005 10. Improved opportunities to leverage industry Best Practices in the delivery of public safety communications services. The achievements of the HiPP Joint Dispatch planning process are significant and the work process has been fascinating. It has been our observation that every stake holder has approached the challenges of the joint dispatch study with a highly focused emphasis on what is best for the whole Dakota County community while also recognizing that the whole community is made up of unique individ uals and cities each with a set of common needs. We think this represents a textbook case of developing best-in-class public policy. This joint dispatch process holds great potential and we encourage resolutions of support from every affected political body. Sincerely yours, PSC Alliance Inc. ,/. ,/. ~ Jeff Nelson Page 3 May 11, 2005 VI-7 TO: The Honorable Mayor and Council FROM: John Grossman RE: Request to hold 2005 Summer Concerts at City Hall Carrol Tammen, President of the Hastings Concert Association, asks Council permission to use Public Square and City Hall for free Sunday concerts again this summer. Please see his attached letter. The request includes the same items that Council has approved in the past: 1. Use of the north steps and square in good weather, and the council chamber in case of rain. 2. A police reserve officer to open and secure City Hall ( 5 to 9 p.m.) and assist the public. 3. Use of City Hall restrooms and use of the refrigerator for ice cream. 4. Place concert signs on the iron fence Friday through Sunday each week. The 2005 concerts will be held July 31, August 7, 14, 21 and 28. Recommend approval. JOHN GROSSMAN,HRA DIRECTOR CITY OF HASTINGS 101 4TH ST. E. HASTINGS,MN 55033 DEAR MR. GROSSMAN: MAY 10, 2005 THE HASTINGS OINCERT ASSOCIATION WOULD ~IKE THE OPPORTUNITY TO USE PUBLIC SQUARE AND CITY HALL FOR OUR SUMMER SUNDAY NIGHT CONCERTS. THESE WILL BE HELD ON AUGUST 7, JULY 31, AUGUST 14, 21, 28, 2005. WE WOULD ALSO LIKE TO USE COUNCIL CHAMBERS IN CASE OF RAIN. AS IN THE PAST, WE WOULD APPRECIATE IF YOU COULD PROVIDE A POLICE RESERVIST BEGINNING AT 5.00 P.M. FOR SET-UP. THE CONCERT SHOULD BE COMPLETED AND THE AREA VACATED BY AROUND 9;00 P.M. WE WOULD ALSO LIKE PERMISSION TO ONCE AGAIN PLACE THE CONCERT SIGN ON THE PUBLIC SQUARE FENCE FROM FRIDAY EVENING UNTIL THE CONCLUSION OF THE SUNDAY CONCERT. THESE CONCERTS HAVE GAINED IN POPULARITY OVER THE YEARS. DONATIONS FROM LOCAL BUSINESSES CONTINUE TO ALLOW US TO OFFER THESE FREE OF CHARGE TO THE RESIDENTS OF HASTINGS AND SURROUNDING COMMUNITIES. THE CONCERTS ALSO PROVIDE FUNDRAISING OPPORTUNITIES FOR OTHER NON PROFIT ORGANIZATIONS THROUGH SERVING REFRESHMENTS. I WANT TO TAKE THIS OPPORTUNITY TO THANK YOU AND THE COUNCIL FOR YOUR SUPPORT AND HELP IN ALLOWING US TO HOST THESE EVENTS OVER THE PAST YEARS. YOURS TRULY, -f{~~ ~RDL TAMMEN, HCA PRESIDENT 725 WEST 6TH STREET HASTINGS, MN. IF YOU HAVE ANY QUESTIONS, I CAN BE REACHED DURING THE DAY OR EVENING AT 651- 437- 9206 VI-8 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Interim Finance Director 2005 Budget adjustment May 9,2005 The City Council is asked to authorize the following budgeted 2005 budget adjustment: $250.00 Increase donations revenue in the forestry department for the donated 250.00 from Betsy Sell and increase the reforestation expense account for the cost of the tree to be planted in one of the city's parks. 101-401-5002-6348 $25,000.00 Increase the computers expense line for the finance department. In the 2004 budget the finance department had requests for updating the finance system. This project was carried over to the 2005 budget, as it was not begun in 2004. Since the original pricing of this project was two years old a revised price was sought and was increased significantly plus it was decided to replace the Finance server at this time to increase efficiency and to prepare for possible Internet based systems. The finance department has cash in their ERF account to cover the additional expense Council Action Reauested Authorize the above 2005 budget adjustments. VI-9 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FORA DONATION TO THE FIRE DEPARTMENT WHEREAS, Betsy Sell has presented to the City Parks Department a donation of $250.00, and have designated that this donation be used for the purchase of a tree to be planted in a City Park; and WHEREAS, the City Council is appreciative of the donation and commends Betsy Sell for her civic effort, . . NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a tree to be planted in City park. Adopted his 16th day of May, 2005 Ayes: Nays: Absent: Michael Werner, Mayor Attest: Melanie Mesko Lee, Administrative Assistant/City Clerk (Seal) VI-10 To: From: Subject: Date: City Council Members Kurt Stoudt Fire Department Roof Replacement Bids May 10,2005 Council Action ReQuested: Approve seeking bids for replacement of the roof at the Fire Station. Back2round Information: The City has been setting money aside for the replacement of the fire department roof in the ERF fund for several years. This project has been scheduled for completion this year. Bids are to be received by June 17,2005, with the city awarding the bid soon after that date. I am seeking your approval to put this project out for bid. If you have any questions, please contact me. 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REQUEST Centex Homes seeks Final Plat approval of PRAIRIE RIDGE a residential subdivision containing 18 lots (114 units), and 4 outllots on +/-17 acres generally located' along the future extension of 13th Street, west of Bailey Ridge\General Sieben Drive, and north of 14th and Tierney. The City Council approved the Preliminary Plat and Site Plan for Prairie Ridge on October 10,2004. The Final Plat is consistent with Preliminary Plat approval. RECOMMENDATION The Planning Commission recommended unanimous approval of the Final Plat at the May 9, 2005 meeting, subject to the conditions of the attached resolution. Commissioners discussed traffic and ponding basin maintenance. No one from the public spoke for or against the item. NRRC - PARK LAND DEDICATION REQUEST At the May 10, 2005 meeting, The Natural Resources and Recreation Commission recommended taking park land instead of cash for the Prairie Ridge development. The approved Preliminary Plat did not incorporate a physical land dedication. The October 4, 2004 Preliminary Plat report to the City Council stated cash in lieu of land would be acceptable to fulfill park dedication requirements. In order to satisfy the NRRC's request, the preliminary plat would need to be significantly modified and resubmitted for Planning Commission and City Council approval. The attached resolution requires cash in lieu of land be paid ($125,400) to satisfy park dedication requirements. ATTACHMENTS . Resolution . Location Map . Final Plat . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). The Site Plan gross density of 6.7 units per acre (8.0 net density - excluding public right-of-way) is consistent with the plan. Zoning Classification The property is zoned R-3\PRD the density is consistent with the zoning district requirements Adjacent Zoning and Land Use The following land uses abut the property: East South West Existina Use ZoninQ Future South Frontage Rd Xcel Substation\Ag Nininger Township Bailey Ridge Townhomes R-3 - Med\High Density Sunset West Single Fam R-3 - Med\High Density Future Collector Road Ag Land Nininger Township Comp Plan Direction North C - Commercial U-II (Res 4-8) U-I (Res 1-3) Not in Plan Existing Condition The site is open agriculture with no mature trees or structures. The site gently slopes from west to northeast. FINAL PLAT REVIEW Streets, Access, and Circulation The proposal connects the temporary dead-ends of Tierney Drive and 13th Street. All streets with the exception of the Outlot B drive would be platted as public streets and right-of-way. Future North\South Collector Road A future north\south collector road has been identified just west of the plat boundary. The collector road is presently within Nininger Township. Staff has conveyed to the developer the need to preserve the route and obligation for construction during future development. To further memorialize future roadway obligations, the following condition should be added: 1) A covenant shall be recorded against all land contained within the future north\south collector road located just west of the subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full cost of the owner prior to any subdivision approval. Outlots Four outlots are planned for future development. The outlots would be held in common by residents of the development for open space and access purposes. Association Documents and Covenants Association documents and covenants will need to be recorded with the Final Plat to ensure maintenance of all common items including open space and common drives. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has approved the Grading, Drainage, Erosion Control, and Utility Plans. Off Site Pondin9 Basin A stormwater ponding basin is proposed west of the plat in NiningerTownship. Approval is subject to the following: 1) The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 2) The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. Park Land Dedication The Natural Resource and Recreation Commission will meet on May 10,2005 to determine park dedication. The NRRC is likely to recommend cash in lieu of land as follows: 1) Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $125,400 (114 units x $1,100 per unit). Park dedication must be paid prior to recording of the Final Plat. Interceptor Sewer Fee Sewer interceptor fees shall be paid as follows: 1) Sewer interceptor fees in the amountof$41 ,610 (114 units x $365 per unit) shall be paid prior to recording of the Final Plat. Parking All units meet the two spaces per unit minimum requirement. All units would have a two stall garage and two spaces with a private driveway. Over 100 overflow on-street spaces have been identified in the neighborhood for overflow parking needs, subject to the road widening of Outlot B. Pedestrian Access and Circulation Pedestrian access and circulation is excellent. Existing sidewalks along 13th Street and South Frontage Road would be extended. An internal sidewalk system has been developed to connect units to common open space and city sidewalks. Lot and Unit Layout Units abutting the single family area to the south have exceeded minimum setback and landscaping requirements. Additional setback buffers have been created between the townhomes and South Frontage Road and the future North\South Collector Road. Townhomes located west of Tierney Drive have been situated to have the shortest side of the building face the abutting single family homes. Landscape Plan The landscape plan exceeds minimum standards for boulevard tree and unit plantings. Additional landscaping has been added to help buffer the site from single family areas to the south, especially at the ends of the driveways. The plan is acceptable with the following change: 1) Boulevard trees along South Frontage Road must be located between the sidewalk and roadway at the discretion of the City Forester. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING FINAL PLAT APPROVAL OF PRAIRIE RIDGE A MULTIPLE FAMILY SUBDIVISION PROPOSED BY CENTEX HOMES ON PROPERTY LOCATED WEST OF 13TH STREET AND NORTH OF TIERNEY DRIVE Council member moved its adoption: introduced the following Resolution and WHEREAS, Centex Homes has petitioned for Final Plat approval of PRAIRIE RIDGE a multiple family subdivision containing 18 multiple family lots (containing 114 residential units), and four outlots on property generally located north of Tierney Drive and west of 13th Street, legally described as follows: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast comer of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast Quarter of the Southeast Quarter and there terminating. WHEREAS, on October 4, 2004, The City Council adopted Resolution No. 10-07-04 approving the Preliminary Plat for said property; and WHEREAS, on May 9,2005, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval ofthe Final Plat, subject to the conditions of this resolution. The Planning Commission found the Final Plat consistent with the Preliminary Plat approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby concurs with the opinion of the Planning Commission and approves the Final Plat request of Centex Homes for pRAIRIE RIDGE as presented to the City Council subject to the following conditions: 1. A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars for recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, common drives, and common utilities. The declaration shall include, but is n~t limited to, the following: (a) A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms of the declaration. (b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. (~) Membership in the association shall be mandatory for each owner and any successive buyer. (d) Any open space restrictions must be permanent and may not be changed or modified without city approval. ( e) The association is' responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. (f) Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (g) The association may adjust the assessment to meet changing needs. 2. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4. That the developer shall have separate water meter and water line installed for all irrigation systems. 5. Developer shall plant "boulevard" trees of at least 2.0 caliper inches according to the submitted tree plan. An escrow is required for any unplanted trees before a certificate of occupancy is issued. 6. Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review ofthe plans. 7. Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities prior to issuance of any building pennits. 8. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 9. The Final Plat must be submitted for recording with Dakota County within 90 days of City Council approval, or the approval is null and void. 10. A covenant shall be recorded against all land contained within the future north\south collector road located just west ofthe subject property. The covenant shall give notice of the obligation to construct the collector roadway to City Standards at the full cost of the owner prior to any subdivision approval. 11. The homeowner association shall be responsible for the maintenance of the off-site stormwater basin. 12. The applicant shall obtain any approvals necessary by Nininger Township in order to construct the off-site stormwater basin. 13. Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $125,400 (114 units x $1,100 per unit). Park dedication must be paid prior to recording of the Final Plat. 14. Sewer interceptor fees in the amount of$41,610 (114 units x $365 per unit) shall be paid prior to recording ofthe Final Plat. 15. Submission of an electronic copy of all plan sets (TIF', PDF, or similar format) prior to recording of the Final Plat mylars. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 ~ (1) ~_z.~ 0)... c 0 "'Cca "'C VJ :0::; 0> VJ ro .- - c .!; VJ Q) 0 ~ D.. Q) ;g -c (.') 0 co ..... 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S -it o ~1 :I:J ~jl r:a cu~ U J I JJJj I ilJ II Ui t ,"j I th ~ ,i! ~ ,I. ftl !II ! ~ .~. 3! i ~ ." .. g 15x 31 II! ii H5 3: ui ~ ~ CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: ;h,-k~.t~c. f,'f1<A of' 'fC/'lIe'f .v,2.I~ ~ >o..c~ F""'-t-,~ ;z...J Legal Description of Property: .;,/p~1htlA;f 'M.A., d & ~OfAi11~ 'rrr I-~"V "/,, Jec-J.., "'1 $.0 -frJ "v"tJt" f? 1/ fi 2;;' 7 / 7 . J>., j;.~ c:.c:., -"f ~ ~ Applicant: t!,F'N7'G"'y h'~9 . Owner (If different from Applicant): Name (..t..HA~ M~~~ ) Name CEI'II1'b-K #~G.$ Address :';OJ..~;jr'iffrr'*.J<>" Address . :) Phone ~2. _ _ _ -- tJu'Z- Phone . _ Fax 'lrt- ':$1.- ot'lIb Fax I Email c..OIfl-'.."~ ct~xh~).~tIfA Email / Description of Reques (include site plan, su , and/or plat if applicable): 1AAi>-r- ,,-,' ..I", r,,~ I ~ of- o~,'s.J.;~_ P# S- hi..-t o...,,,,,c.. r td;D)-~7 LAND~UJ~ APPLICATION . Check applicable box(es): Note: All fees and escrow amounts due at time of application. ~ Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Applicant Name $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Signature of Owner Date ~,-- OS Title - Please Print Owner Name - Please Print CfI/f/) OAl.>61.+1-b - .ptO'J~'--T If4~Nftbt(L Official Use Only File # ...::;()~~ -rJ7 Fee Paid cAt ~ 4 It,de-) -- 4/23/2003 Rec'd By: -:5H/ ~z.'/4'I.-- Receipt # Date Rec'd App. Complete {)c.; ""'" a-...-. Memo VI-13 Date: Mayor Werner and City Council Kris Jenson, Associate Planner~ May 16, 2005 To: From: Subject: Authorize Signature - Dakota County Joint Powers Cost Share Agreement. REQUEST The City Council is asked to authorize signature of the attached joint powers cost share agreement between the City and Dakota County for Pictometry. This cost sharing agreement is between Dakota County and all cities within the COUl1ty. Pictometry is a software application that provides very detailed aerial photos that are viewable from a variety of angles and will have many uses for a variety of City departments. ATTACHMENTS . Joint Powers Agreement. JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRY INTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS THIS AGREEMENT is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the Cities of Apple Valley, Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, and South St Paul ("Cities"), political subdivisions of the State of Minnesota. WHEREAS, the County and Pictometry International Corporation executed a General License Terms and Conditions, which is attached and incorporated herein as Exhibit 1 (License Agreement), whereby the County is allowed to install and use Pictometry's licensed images, geodata, software and documentation (Pictometry's Licensed Products); and WHEREAS, Pictometry's Licensed Products are dynamic visual imagery products that will provide three-dimensional oblique images and 360 degree views of each property in Dakota County; and WHEREAS, use of Pictometry's Licensed Products will improve efficiency and quality within numerous County departments; and WHEREAS, the License Agreement allows cities, townships, public schools and the soil and conservation districts geographically located within the boundaries of Dakota County to install and use Pictometry's Licensed Products (Approved Subdivisions) under the License Agreement and subject to certain conditions; and WHEREAS, the Cities desire become Approved Subdivisions that are authorized to install and use Pictometry's Licensed Products, in accordance with the terms of the License Agreement; and WHEREAS, the County and Cities have reached an agreement to share the costs of licensing, installing and using Pictometry's Licensed Products by their respective political subdivision; and WHEREAS, pursuant to Minn. Stat. 9 471.59, two or more governmental units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the contracting parties or any similar powers. NOW, THEREFORE, in consideration of the mutual promises and benefits that all parties shall derive from this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE 1- PURPOSE The purpose of this Agreement is for the County and the Cities to share in the costs for licensing, installation and use of Pictometry's Licensed Product, in accordance with the terms of this Agreement and the License Agreement attached and incorporated herein as Exhibit 1 (License Agreement) and to designate the Cities as Approved Subdivisions for purposes of the License Agreement. ARTICLE II - TERM The term of this Agreement will be from the date of execution of this Agreement by all parties, and shall terminate on the same date as the License Agreement, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 111- OBLIGATIONS OF THE COUNTY 3.1 Payment. In accordance with the License Agreement executed between the County and Pictometry, the County has entered into the License Agreement and has agreed to pay Pictometry $82,888 for the first year of the License Agreement and $72,888 for the second year of the License Agreement. 3.2 Approval as Authorized Subdivisions. Upon execution of this Agreement and payment made by each City to the County as provided in this Agreement, the City will be an Authorized Subdivision for purposes of the License Agreement. 3.3 Coordination. The County will work out the delivery and deployment details and coordinating those processes with appropriate staff of the Cities. For that purpose, the Cities each agree to identify a technical and administrative contact for their city related to this cost-sharing agreement (Liaison) as specified below. 3.4 Future Participation of Mendota, Sunfish Lake or West St. Paul. In the event the cities of Mendota, Sunfish Lake or West St. Paul decide to license, install and use Pictometry's Licensed Products during the first or second year of the License Agreement, the County will enter into a separate cost share agreement(s) and apply such city's Cost By City payment listed below, which will be reflected in the cost share calculations for the second year as provided in Section 4.1 (B) below. ARTICLE IV - OBLIGATIONS OF THE CITIES 4.1 Payments by Cities. The Cities agree to pay the County a total of $33,842 for the first year and $28.842 for the second year of the License Agreement. The Cities share the remainder of the cost based on the number of parcels in each city as a percentage of the total number of parcels in all cities. A. First Year of License Aareement. The Cities agree to pay their respective Adjusted Cost, which includes a proportionate payment towards the Cost By City share of the three Dakota County cities that are not participating in this Agreement. The Cities agree to pay their respective Adjusted Cost for the first year of the License Agreement shown in the chart below, payable to the Dakota County Treasurer, and send such payment to the County Liaison concurrently with this signed Agreement: B. Second Year of License Aareement. The County will prepare a similar chart reflecting each City's Cost by City for the $72,888 payment due for the second year of the License Agreement. which. if applicable, will reflect Adjusted Cost to reflect payments by currently nonparticipating Dakota County Cities that sign a cost share agreement with the County during the first year of the License Agreement. C. Future Participation of Mendota. Sunfish Lake or West St. Paul. The Cities agree that the County may enter into separate cost share agreement(s) with the Cities of Mendota. Sunfish Lake and West St. Paul, on the condition each City pays their respective .Cost By City" to the County, in accordance with the terms of this Agreement. 4.2 Responsibilities of Cities as Authorized Subdivisions. Upon payment of their respective Adjusted Cost for the first year of the License Agreement. each City is licensing Pictometry's Licensed Products and is authorized to use the Licensed Products in accordance with the terms of Exhibit 1. Upon payment of their respective Adjusted Cost for the second year of the License Agreement. each City is licensing Pictometry's licensed Products and is authorized to use the Licensed Products in accordance with the terms of Exhibit 1. JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRYINTERNA TIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS K:K04-848 2 ARTICLE V - CITIES ARE NOT SUBLICENSEES OF THE COUNTY Nothing in this Agreement creates an agency relationship between the County and the Cities with regard to the License Agreement (Exhibit 1). By signing this Agreement each City fully accepts the terms of the License Agreement on behalf of itself and its employees. The County does not have any obligation to the Cities with regard to licensing or the actual installation and/or use of Pictometry's Licensed Products by the City. ARTICLE VI- MUTUAL INDEMNIFICATION Each party to this Agreement shall be liable for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees or agents. Each party hereby agrees to indemnify, hold harmless and defend the other, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees which the other, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this Agreement. . ARTICLE VII- DEFAULT MAJEURE No party shall be liable to any other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE VII- TERMINATION In the event Pictometry's Licensed Products are no longer available to the County and Cities in accordance with the License Agreement, the County and Cities agree to work together to determine appropriate actions to take. In the event the County recovers payments from Pictometry, th.e money recovered will be disbursed proportional to the contributions made for Pictometry's Licensed Products under this Agreement. ARTICLE VIII - AUTHORIZED REPRESENTATIVES AND LIAISONS FOR THE PARTIES 8.1 AUTHORIZED REPRESENTATIVES. The named persons that have executed this Agreement on behalf of the County and each City are designated the authorized representatives of parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications and subcontracts, except that, as to the County and Cities, the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. 8.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to develop service, ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the Cities. Notification required to be provided pursuant to this Agreement shall be provided to the named person and address listed below for the County, and shall be provided to the named persons and addresses listed on each City's signature page of this Agreement, unless otherwise stated in a modification of this Agreement. The parties shall keep each other continually informed, in writing, of any change in the designated liaison. The County's liaison is: County liaison: Telephone: Email Address: Randy Knippel or successor, Office of GIS 952-891-7080 randy. knippel@co.dakota.mn.us ARTICLE IX - GENERAL PROVISIONS 9.1. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, signed by authorized representatives of the County and Cities. JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRYINTERNA TIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS K:K04-848 .., .J 9.2. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 9.3. MERGER A. Final Aqreement. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon, and shall supersede all prior negotiations, understandings or agreements.. There are no representations, warranties, or stipulations, either oral or written, not contained in this Agreement. B. Exhibit. Exhibit 1 - License Agreement (including all schedules thereto) is attached and incorporated by reference. 9.4 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. COUNTY OF DAKOTA Date of Signature By William H. Peterson, Dakota County Assessor Approved by Dakota County Board Resolution No. 05-48 APPROVAL AS TO FORM: / . . 1-/3-tJ5 a ota County Attorney Date JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRYINTERNATIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS K:K04-848 4 CITY OF HASTINGS Name, Title, Address and Phone Number of City's Authorized Representative: Name, Title, Address and Phone Number of City's Liaison: Attest: Title: Date: [print name] JOINT POWERS COST SHARE AGREEMENT FOR PICTOMETRYINTERNA TIONAL CORPORATION GENERAL LICENSE TERMS AND CONDITIONS K:K04-848 CITY OF HASTINGS I, the below signed, have authority to sign this Agreement on behalf of the City By: [print name] Date: 9 C. 1).5 i !) Ii' ;;,. "~~. D P- I (.; r,,'J /': L EXHIBIT 1 PICTOMETRY INTERNATIONAL CORP. GENERAL LICENSE TERMS AND CONDITIONS TillS AGREEMENT is made effective as of the date of the signatures of all parties by and between Pictometry International, Corp., a Delaware company with offices at 100 Town Centre Drive, Suite A Rochester, NY 14623 and registered to do business in the State of Minnesota ("Pictometry"), and the County of Dakota, a political subdivision of the State of Minnesota (the "Licensee"). Intending to be legally bound, Pictometry and the Licensee (each a "party") hereby agree: 1. ARTICLE - DEFINTIONS Defmitions - As used herein, the following words, phrases, or terms in this Agreement shall have the following meanings: 1.1 "Images" namely georeferenced images of land some of which Pictometry will make with its proprietary systems prior to delivery and some of which it has or may acquire rights to use from others, Pictometric Images, and Electronic Photo Images which do not have the georeferencing data, 1.2 "Geographic Data" ("Geo Data") is the data supplied by Pictometry that is associated with Images and allows those Images to be georeferenced. 1.3 "Software" namely certain proprietary computer runtime executable :files, one part of which is referred to as the Electronic Field Study software (the "EFS"), and the other part of which is referred to as the Client Image Warehouse software ("CIW"), which can be used to access and display the Images; and 1.4 "Documentation" comprised of written and/oI electronic materials containing instructions and other information related to the use of the Images and the Software. 1.5 "Electronic Field Study" ("EFS ") A proprietary software package that allows for the display and analysis of Pictometric Images. 1.6 "EFS Professional" A set of imaging tools, including measuring, annotation, reconciling, and data analysis tools bundled with the base EFS software package. 1.7 "Client Image Warehouse" ("CIW") A hierarchical storage system of Pictometric images that allows fast, random access by geo-location. 1.8 "Pictometric Image" means orthogonal and oblique digital images, automatically captured and geo-referenced from airborne platforms using Pictometry's patented and proprietary hardware and software capture system. 1.9 "Electronic Photo Image" Orthogonal and oblique digital images, automatically captured from airborne platforms using Pictometry's patented and proprietary hardware and software capture system but without geo-referencing. Page 1 of 13 040516a 1.10 "Image Sector" A portion of an image collection project defined as approximately one square mile in area. 1.11 "Community Images" ("CI") A set of three images, each covering the entire sector; one from directly overhead, and two from different oblique angles. 1.12 "Neighborhood Images" C'NI") A set of fifty overlapping, oblique images blanketing the entire sector, providing for a higher degree of detail. 1.13 Subdivisions" means any political subdivision of the State of Minnesota that is that is at the County level or lower and located within the geographic boundaries of the County of Dakota, which includes but is not limited to cities, townships, public schools and soil and water conservation districts. 2. ARTICLE - INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSmp 2.1 Licensed Products. The parties acknowledge and agree that Pictometry shall have and retain sole and exclusive ownership and all right, title, and interest in and to all Licensed Images, Licensed Geo Data, Licensed Software, and Licensed Documentation and all copyrights, patents, and other proprietary rights in or associated. with each of the Licensed Products (hereinafter the "Proprietary Rights"). Licensee and Subdivisions agrees: (a) that it will not, during or after the term of the License, assert or claim any interest in, or do anything directly or indirectly that may adversely affect the validity of or infringe any Proprietary Right, (b) that it will use reasonable efforts to protect the Proprietary Rights and to cooperate in Pictometry's efforts to protect them, including placing all copyright notices and other indications of Pictometry's ownership on all Licensed Products and on all copies of Licensed Images and all other property of Pictometry as Pictometry may from time to time instruct, and (c) that it will notify Pictometry promptly of any known or suspected breach of any Proprietary Rights that comes to Licensee's attention. 2.2 Use of Pictometry Marks. Licensee acknowledges that Pictometry owns and retains all ownership rights In trademarks, trade names, logos, and designations used by Pictometry in connection with the Licensed Products. Licensee and Subdivisions agrees not to attach any additional trademarks, trade names, logos or designations to any Pictometry product or to any copies of any of the Licensed Images. Licensee may, however, include a Licensee or Subdivision seal and appropriate Licensee Department contact information so long as these annotations in no way obscure or deface the Pictometry marks. Licensee and Subdivision further agrees that Licensee or Subdivision will not use any Pictometry trademark, trade name, logo, or designation in connection with any product or service other than the Licensed Images and the other Licensed Products. Licensee's and Subdivision's nonexclusive right to use Pictometry's trademark is coterminous with this Agreement. 2.3 Electronic and Other Publishing. Except as provided in Schedule B, Licensee and Subdivisions is specifically prohibited from publishing in any way (including by making available on the Internet or World Wide Web or any other general Page 2 of 13 040516a access electronic or other network) any Licensed Product or any Licensed Image, or any portion of any such Product or Licensed Image, whether separately or as part of any other electronic publication. Licensee and Subdivisions may use Licensed Images for internal business purposes and for illustration purposes in hard copy documents and websites produced or maintained by the Licensee or Subdivisions. 2.4 Confidentiality of Licensed Software. The Licensed Products are commercially valuable, proprietary products of Pictometry, the design and development of which reflect the effort of skilled development technicians and the investment of considerable time and money. The Licensed Products are treated by Pictometry as confidential and contain substantial trade secrets of Pictometry. Pictometry is entrusting these trade secrets to Licensee and Subdivisions in confidence for Licensee's and Subdivision's use so that Licensee and Subdivisions may exercise its rights under the License and for no other purpose. Licensee and Subdivisions agrees that it will not at any time disclose, provide a copy of, or disseminate the Licensed Products or any part thereof to any person who does not need to obtain access thereto consistent with Licensee's and Subdivisions rights and obligations under this Agreement. Licensee and Subdivisions agrees to use its best efforts to assure (a) that all its personnel and any others afforded access to the Licensed Products will protect them against unauthorized use, disclosure, copying, and dissemination, and (b) that access to the Licensed Products and each part thereof will be strictly limited for this purpose. 2.5 Prohibition On "Unlocking." Licensee and Subdivision understands that Pictometry does not disclose source code and Licensee and Subdivision agrees that it will take all reasonable actions to assure that persons who might access the Licensed Software will not "unlock" or "reverse engineer" any part of the Licensed Software so as to find or uncover the source code or other trade secrets included therein. 3. ARTICLE - GENERAL 3.1 Licensed Products. This Agreement pertains only to the particular Images described in Schedule A attached to this Agreement (the "Licensed Images") and the particular copies of the Software listed in Schedule A (the "Licensed Software"), all of which, along with the Documentation, are together referred to as the "Licensed Products." This Agreement does not apply to any other images, software, or other products that may from time to time be owned, used, published, or distributed by Pictometry. 3.2 System Installation. After execution of this Agreement, Licensee will provide storage media for the installation of the Licensed Images and Licensed Software as set forth in Schedule A to Pictometry. Pictometry shall install a copy of the Licensed Images and Licensed Software on that media. Pictometry will provide the number of copies of the Documentation, as specified in Schedule A. The Licensee will install the Licensed Images and Licensed Software from the media Page 3 of 13 040516a onto computers to be designated by the Licensee as provided in Section 6.3 below. The Licensee and Subdivision will be responsible for assuring that the computer system being used for these purposes will satisfy the minimum system requirements set forth on Schedule A. 3.3 Licensee May Authorize Subdivisions. The Licensee may from time to time authorize any Subdivisions, as defined at Section 1.13 above, to have the Licensed Products installed on computers owned (or leased) and used by those Subdivisions and to use and execute the Licensed Software for official purposes only, all in accordance with this Agreement. The installation of the Client Image warehouse and EFS and the training of Subdivision personnel may be done only by either the Licensee or Pictometry. The Subdivisions authorized for such installation, use, and execution will be designated by the Licensee as provided in Section 6.3 below The Licensee agrees to provide all Subdivisions with a copy of this Agreement. The Subdivision by the installing and using the Licensed Images and Licensed Software is agreeing to comply with all obligations with respect to the use and distribution of the Licensed Product. 3.4 Authorized Users. As used in this Agreement, "Authorized Users" shall mean such persons in the employ of Licensee, or in the employ of aSubdivision, as may be designated to use and execute the Licensed Software on the designated computers. Licensee and Subdivisions agree as to their respective employees: (a) that they will not allow any persons other than Authorized Users to use or operate, or to have any other access to, any of the Licensed Products, (b) that they will not allow access to any of the Licensed Software or any Licensed Images except through Authorized Workstations, and (c) that they will provide a copy of this Agreement to Authorized Users with direction to comply with all of the terms, conditions, and limitations applicable to the Licensee and Subdivision under this Agreement. 3.5 Authorized Workstations. As used in this Agreement, "Authorized Workstationl1 shall mean a computer workstation that has access to the Client Image Warehouse and which has installed on it the related Licensed Software in accordance with Section 4.1(a) below. There is no limitation on the number of Authorized Workstations upon which the Licensed Product, Licensed Images and Licensed Software may be installed upon Licensee or Subdivision computers. 4. ARTICLE - GRANT OF LICENSE 4.1 License Grant~ Uses, and Certain Fees. In consideration for the payment of the License Fees provided for in Section 5 below, and subject to the other terms and conditions of this Agreement, Pictometry hereby grants to Licensee and Subdivisions, and Licensee and Subdivision hereby accepts, a nonexclusive, nontransferable, limited license (the "License") as follows: (a) Installation. To install the Client Image Warehouse on servers and related Licensed Software on Authorized Workstations, all of which shall be Page 4 of 13 040516a owned (or leased) by, shall be located on the property of, shall be under the control of, and shall be used by the Licensee or by a Subdivision. None of the Licensed Products shall be accessed except through such designated servers and Authorized Workstations. (b) Documentation. To copy and use the related Documentation included in the Licensed Products in connection with the activities described in this Section 4.1. (c) Uses. Through Authorized Users only, to use and execute the Licensed Software on those designated servers and Authorized Workstations in the conduct of the public business of the Licensee or of the Subdivisions and use and pri~t copies of the Licensed Images in the following activities (and no others): (1) For Internal Business. In the conduct of the operations of the Licensee and/or of the Subdivisions, to use and execute the Licensed. Products for internal use in pursuit of its or their public responsibilities. (2) For Persons Doing Business With Licensee ("Project Participants"). Under the supervision of Authorized Users, allow representatives of persons doing or proposing to do business with the Licensee or aSubdivision on Licensee Projects (defined below) to use and execute the Licensed Software and to make copies of the Licensed Images with ink or toner on substrate (hereinafter "Hard Copies") at the Licensee or Subdivisions' facilities only, but not to make any electronic or digital copies of the Licensed Images ("Digital Copy"). For these purposes, "Licensee Projects" shall mean any plan or effort, tangible or intangible, for construction, equipment acquisition, or other improvement in real estate, offices, facilities, or other operating assets that are, or will be, owned and used by the Licensee or aSubdivision in pursuit of its public responsibilities, including any such assets (such as roads and' public buildings) that are provided by the Licensee or Subdivision for use by the public. The Licensee or any Subdivision may sell Hard Copies made pursuant to this subsection 4. 1 (c)(2) at whatever price, or no price, as the Licensee or Subdivision may determine, and without paying any special License Fee or other remuneration to Pictometry. The Licensee or Subdivisions shall cause each , Project Participant to agree to use the Hard Copies solely in connection with the Licensee's or Subdivision's Project and to return or destroy the Hard Copies upon completion of its participation in the Licensee's or Subdivision's Project. (3) For Public Use. Through Authorized Users only, to use and execute the Licensed Software solely for the purpose of making Hard and Digital Copies of Licensed Images for persons desiring them (which Hard Copies may contain annotations of information stored in the Licensed Software and related to the property shown). Page 5 of 13 040516a For each Hard Copy or Digital Copy made pursuant to this subsection 4.1 (c )(3), the Licensee or Subdivision involved shall pay a fee to Pictometry as more fully provided in the attached Schedule B. Any Hard or Digital Copy released or delivered by Licensee or any Subdivision pursuant to any state or Federal Public Records Act or any other similar state law or regulation shall be treated as a Hard or Digital Copy made pursuant to subsection 4.1(c)(3) for purposes of determining fees payable pursuant to this Section, and all Hard Copies and all Digital Copies made pursuant to this Section shall remain subject. to all of the provisions of this Agreement, including the prohibition of copying (except after payment of appropriate fees in authorized cases); 4.2 Limitations On License. In addition to its other obligations under this Agreement, Licensee and Subdivisions agree: (a) that nothing under this Agreement authorizes it to engage in any service bureau work, to exercise or provide any multiple-user license, or to enter into any time-sharing arrangement, except as expressly authorized with respect to Subdivisions, (b) that Licensee and Subdivisions will not authorize or allow any remote access to the Licensed Products and will only allow access to them through Authorized Workstations, (c) that Pictometry shall not be obligated to provide support for the Licensed Products in any manner other than as set forth in Schedule A or to revise, improve, or otherwise change the Licensed Software in any way, (d) that the Licensee and Subdivisions is responsible for selecting Authorized Users who are qualified to operate the Licensed Software on Authorized Workstations and are familiar with the infonnation, calculations, and reports that serve as input and output of the Licensed Software, (e) that the Licensee and Subdivisions may not copy, download, store, publish, transmit, transfer, sell, or otherwise install or use the Licensed Software or any Images or any portion of the Images in any form or by any means, except (i) as expressly permitted by this Agreement, or (ii) with Pictometry's prior written pennission, or (iii) to the extent not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U .S.C. ~ 107). Licensee and Subdivisions agrees that it will deliver to all recipients of any Hard Copies, and to any other persons who may have access to any of the Images, all such disclaimers and other information that Pictometry may request so as to assist those persons in understanding the limitations on the accuracy of the information developed through the Licensed Products. 4.3 Pictometry's Reserved Rights. Pictometry reserves the right from time to time, in its sole discretion and without liability to Licensee or Subdivisions, to create new versions of or modules of additional functionality for any part of the Licensed Products, which versions and modules may be acquired on a nonexclusive basis by Licensee under a separate agreement. Pictometry may, in addition, produce updates of the Licensed Products, which will be supplied without additional cost to Licensee or Subdivisions. Pictometry may continue to Page 6 of 13 040516a sell or license the use of its software and imagery, including the Licensed Products, to such persons and entities and on such terms and conditions as Pictometry may in its sole discretion determine. 5. LICENSE FEES 5.1 License Fees. In consideration for the License, and subject to the other terms and conditions of this Agreement, the Licensee hereby agrees to pay to Pictometry the annual and other fees described on Schedule A (altogether the "License Fees"), payment to be made as provided in Schedule A. Any tax, including sales tax is in addition to the License Fees and is the responsibility of the Licensee. The fIrst annual fee shall be earned on the Delivery Date, and the second annual fee is deferred as provided on Schedule A. Termination by County - Lack of Funding. Notwithstanding any provision of this Agreement to the contrary, the Licensee may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies or other funding source, or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the Licensee to Pictometry by facsimile is sufficient notice under the terms of this Agreement. The Licensee is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The Licensee will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. 6. ARTICLE - OBLIGATIONS OF LICENSEE AND SUBDIVISIONS 6.1 Geographic Data. Licensee agrees to provide to Pictometry any geographic data available in industry standard format, shape, DBF, etc., including digital elevation models, street centerline maps tax parcel maps, centroids, etc. This data will be incorporated into the Image Library licensed to the Licensee. For any other use of this data, Pictometry shall enter into separate agreement with Licensee covering that use. 6.2 Technical Support Contacts. Licensee agrees to name Licensee personnel to act as technical support contacts. These contacts will receive technical training as provided in Schedule A. These contacts will coordinate all requests and inquiries from all Licensee Authorized Users and Subdivisions. If additional support is required by Licensee and Subdivisions, only these technical support contacts will have access to telephone support from Pictometry. 6.3 Designation of Subdivisions. Licensee agrees that, within thirty (30) days after receipt of the Licensed Products, it will furnish to Pictometry in writing lists of all Subdivisions, as provided in Section 3.3 above. Licensee agrees to keep a current list of all Subdivisions using the Licensed Product and provide the same upon Pictometry's written request. Page 7 of 13 040516a 6.4 Costs and Expenses of Licensee Performance. Except as expressly provided herein or agreed in writing by Pictometry, Licensee will pay all costs and expenses incurred in the performance of Licensee's obligations under this Agreement. Except as expressly provided herein or agreed in writing by Licensee, Pictometry will pay all costs and expenses incurred in the performance of Pic tome try 's obligations under this Agreement. 6.5 Notification. Licensee and Subdivisions will: (a) notify Pictometry in writing of any claim or proceeding involving any of the Licensed Products within ten days after Licensee or Subdivisions learns of the claim or proceeding; and (b) report promptly to Pictometry all claimed or suspected defects in any Licensed Product. 7. ASSIGNMENT 7.1 General. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties, their successors and permitted assigns, but shall not be assignable by either party except as provided in Sections 7.2 and 7.3 below. 7.2 Assignment By Licensee. This Agreement will not be assignable by Licensee, and Licensee may not delegate its duties hereunder without the prior written consent of Pic tome try. Pictometry understands that the Licensee (County) will be responsible for payments required by this Agreement, and that the Licensee is not responsible, nor is the agent of, any Subdivision under this Agreement. 7.3 Assignment By Pictometry. Pictometry shall have the right to assign its rights to receive License Fees under this Agreement, but no such assignment shall affect Pictometry's obligations hereunder. In addition, Pictometry shall have the right to assign all its rights to any person or entity that has acquired substantially all the Pictometry assets used in with respect to the Licensed Products, provided the assignee has assumed all of Pictometry's obligations under this Agreement. Except as provided above in this Section 7.3, this Agreement will not be assignable by Pictometry. 8. DURATION AND TERMINATION OF LICENSE 8.1 Initial Term. The initial term of this Agreement shall commence upon the installation of substantially all of the Client Image Warehouse and shall expire, unless sooner terminated in accordance with Section 8.3, upon the second anniversary thereof. 8.2 Renewal. Effective as of that second anniversary, Pictometry will grant an extension of the Licensed Products to Licensee arid Subdivisions, only in accordance with the following: (I) If no later than the 120th day before that second anniversary the Licensee enters into a renewal License Agreement with Pictometry for an additional two years for new Licensed Images with a value equal to or greater than that of the existing Licensed Images, then Pictometry will grant a Page 8 of 13 040516a perpetual License to Licensee for the existing Licensed Products; or (2) If no later than the 120th day before that second anniversary the Licensee enters into a renewal License Agreement with Pictometry for an additional two years for new Licensed Images with a value of at least 50% of that of the existing Licensed Images, then Pictometry will grant a perpetual License to Licensee for the existing Licensed Products upon the payment of a Perpetual License Conversion fee on the difference between the new annual fee and previous annual fee due under this Agreement if the new annual fee is less than the previous annual fee; or (3) If no later than the 10th day after that expiration date the Licensee pays Pictometry an additional payment of a Perpetual License Conversion fee, then Pictometry will grant a perpetual License to Licensee for the existing Licensed Products. Any extensions will be subject to the same tenns and conditions as are provided in this Agreement except that the annual fee under Section 5.1 and Schedule A will be eliminated and the Licensee will no longer be able to add images to the existing Image Library. Nevertheless, Licensee's obligations to pay a Reproduction Fee for Digital and Hard Copies to Pictometry, as provided in Section 4.1(c)(3) above, shall continue during any such extension under this Section 8.2. 8.3 Termination For Cause. . This Agreement may be terminated by either party in the event that the other party has failed to perfonn a material obligation or has otherwise breached a material tenn of this Agreement if that other party has. failed to cure that failure or breach within thirty days after receipt of written notice thereof from the other party. 8.4 Effect of Termination or Expiration. Upon termination or expiration of this Agreement, Licensee immediately shall cease any and all further use of the Licensed Products and shall promptly purge all copies of Images and all Licensed Software (including but not limited to EFS and CIW) from all computers and workstations on which any of them may be stored or available at the time. In addition, the Licensee shall destroy all remaining inventory of Hard Copies of Images in its possession or under its control (excluding those images produced in the activities described in Section 4.1 (c )(2) above and those Licensed Images used for internal business purposes and for illustration purposes in hard copy documents arid websites produced or maintained by the respective Licensee or Subdivisions). 8.5 Access to Records. During the tenn of this Agreement and for a period of three (3) years after the date of its termination or expiration, Licensee and Subdivisions shall make available to Pictometry for inspection and copying on reasonable notice and at reasonable hours all books and records, including electronically retained infonnation, pertaining to Licensee's or Subdivision's compliance with the provisions of this Agreement. Page 9 of 13 040516a 8.6 Survival of Rights and Obligations Mter Termination of License. The provisions of Sections 2, 7, 8, 9, and 10 of this Agreement shall survive any tennination or expiration of this Agreement. 9. LIMITED WARRANTY; DISCLAIMER OF WARRANTIES; LIMITED REMEDIES 9.1 Limited Warranties. Pictometry warrants: (a) that the Licensed Images and the Licensed Software installed by Pictometry on any Authorized Workstation supplied by Licensee or Subdivision pursuant to this Agreement will be true and usable copies as of the date of capture; and (b) that the infonnation concerning the accuracy of the Licensed Products set forth on the attached Schedule C is substantially true. Upon notice to Pictometry of any breach of the warranty in clause (a) above, Pictometry will promptly reinstall a copy of the Licensed Images and/or Licensed Software involved, and if no true and usable copies as of the date of capture are . available to be reinstalled, Pictometry agrees to return to Licensee the full purchase price set forth on Schedule A. Upon notice to Pictometry of any breach of the warranty in clause (b) above, Pictometry will use its reasonable efforts to correct the problem so as to allow the Licensed Products to produce Images and related data that are usable for the general purposes intended, and if Pictometry is unable to correct the problem so as to allow the Licensed Products to produce Images and related data that are usable for the general purposes intended, Pictometry agrees to return to Licensee the full purchase price set forth on Schedule A. The foregoing warranties are the sole and exclusive warranties that Pictometry makes with respect to the Licensed Products, and the remedies set forth above are the sole and exclusive remedies for breach of those warranties. 9.2 Disclaimer of Other Warranties. Except as provided in Section 9.1 above, EACH OF THE LICENSED PRODUCTS IS PROVIDED TO LICENSEE "AS IS" AND "WITH ALL FAULTS" PICTOMETRY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED BY PICTOMETRY. 9.3 Limitations and Exclusions of Remedies. The respective remedies set forth in Section 9.1 are the sole and exclusive remedies provided for breach of the warranties given. With respect to any other claims that Licensee may have at any time against Pictometry on any matter relating to this Agreement, or the installation, operation, design, distribution, or use of the Licensed Products, the total liability of Pictometry shall in the aggregate be limited to the aggregate Page 10 of 13 040516a amounts of money that Licensee has paid to Pictometry under this Agreement. In addition, because of scheduling and other considerations in preparing current Licensed Images, Pictometry cannot assure delivery of the Licensed Products on a specified delivery date, and Pictometry shall not be liable for any such late delivery except in a case of its gross negligence or willful misconduct. IN NO EVENT SHALL EITHER PARTY BE LIABLE, UNDER ANY CAUSE OF ACTION OF ANY KIND ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE LICENSED PRODUCTS, OR IMAGES (INCLUDING UNDER THEORIES INVOLVING TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR BREACH OF WARRANTY), FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER SPECIAL DAMAGES SUFFERED BY THE OTHER PARTY OR BY ITS CUSTOMERS OR OTHERS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. GENERAL 10.1 Entire Agreement. This Agreement, which includes the attached Schedules, contains the entire agreement between the parties and supersedes all written or oral agreements, descriptions, representations, and understandings with respect to the subject matter hereof. Where differences occur between the main body of the Agreement and the attached Schedules, the Schedules shall supersede the Agreement. Licensee acknowledges that it is not entering into this Agreement on the basis of any representations not expressly contained herein. Any modifications of this Agreement must be in writing and signed by a duly authorized officer of each party. 10.2 Rights of Others. This Agreement is solely intended to provide rights to and be enforceable by Pictometry and Licensee (including its Subdivisions). No other person shall acquire or enforce any rights or any representations or warranties given under this Agreement. 10.3 Waiver. The waiver by either party of any default by the other shall not waive subsequent defaults of the same or different kind. 10.4 Notices. All notices and demands hereunder shall be in writing and shall be delivered by personal service, mail, or confirmed facsimile transmission at the address of the receiving party set forth below (or at such different address as may be designated by one party by written notice to the other). All notices or demands by mail shall be sent by certified or registered United States mail, return receipt requested, and shall be deemed complete upon receipt. If to Licensee: William H. Peterson or successor Dakota County Assessor Page 11 of 13 040516a Dakota County Administration Building 1590 Hwy 55 Hastings MN 55033 If to Pictometry: Pictometry International, Corp. 100 Town Centre Drive, Suite A Rochester, NY 14623 Attn: Michael J. Neary 10.5 Execution of Agreement, Controlling Law, and Jurisdiction. This Agreement will become effective only after it has been signed by Licensee and has been signed by Pictometry at its principal place of business. It shall be governed by and construed in accordance with the laws of the State of Minnesota and no other courts shall have jurisdiction to adjudicate any disputes arising out or in connection with this Agreement, and each party hereby unconditionally submits to the personal jurisdiction of those courts. 10.6 Severability. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be etlforced to the maximum extent pennissible and the remaining portions of this Agreement shall remain in full force and effect. 10.7 Force Majeure. Neither party shall be responsible for any failure to perfonn due to unforeseen circumstances or to causes beyond their reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, failure to obtain export licenses or shortages or delays of transportation, facilities, fuel, energy, supplies, labor, or materials. In the event of any such delay, Pictometry may defer the delivery of Licensed Products for a period equal to the time of the delay, upon Licensee's written consent. IN WITNESS WHEREOF,. the parties hereto have executed this Agreement effective on the latest of the signature dates specified below. PICTOMETRY INTERNATIONAL, Corp. ? Licensee: C . Y OF DAKOTA f __.__.. By: Name: Name: William H. Peterson Title: Title: Dakota County Assessor Page 12 of 13 040516a Date: 0...1 0.. .3 .- 0 t- C/\ - (. ....-::J Attachments: Schedule A: Description of Licensed Products Schedule B: Charges for Image Reproduction Schedule C: Digital Imagery Specifications Schedule D: Sectorized Map Page 13 of 13 ,1,-1/'1 I ~ / .8 Dakota Resolution No. 0 5 - 4 Date: ( / ~ j I-{) 5 Assistant Dakota County Attorney Date 040516a SCHEDULE "A" 1. The following products shall be delivered to _Dakota County International Corp.: ("Licensee") by Pictometry A. Licensed Images procured with a 11 megapixel camera: 1. Community Images covering 362_ sectors of the Licensee as indicated on the attached map. Each sector will have approximately: a. 4 Ortho-rectified images. b. 2 Oblique images. c. 2 Oblique images taken from the opposite direction to (b) above. Community Images will be taken when there is less than 30% leaf cover and no snow. Community Oblique Image Price Less 40% discount $70 per sector per year $28 $42 @ _362_ sectors = $_15,204_per year Ortho-rectified Community Images No Additional Charge 2. Neighborhood Images covering 253_ sectors of the Licensee as indicated on the attached map. Each sector will have approximately: a. 32 Ortho-rectified images. b. 64 Oblique images. 16 each from four perpendicular directions. . . Neighborhood Images will be taken when there is less than 30% leaf cover and no snow. Neighborhood Oblique Image Price $380 per sector Less 40% discount $152 $228 @_253_sectors = $_57,684 per year Ortho-rectified Neighborhood 1mages No Additional Charge 3. Approximately 1 orthorectified mosaic tile per sector, at approximately a 1 meter pixel resolution, for the full County coverage area. 615 Ortho Sector Tiles = No Additional Charge 4. Initial Setup Fee = $10,000 5. Modules to allow EFS to interface with E-911 systems. _2 Seat Licenses @ $1000 minus 25% discount = $ _0_ per year. 6. Images are to be delivered with an image size of approximately _6_ MB. Page 1 of 4 ,ajJ) ,- ~I Pictometry _ Licenseo// 040516 B. US Census Bureau TIGER line files of County or a base map supplied by Licensee. C. Licensee DEMs in USGS standard format or in industry standard point shape file format. 2. Documentation: Pictometry International Corp. shall furnish 1 digital copy of the Documentation for the Licensed Software. 3. Training: Pictometry International Corp. shall conduct two End User orientation sessions of up to 25 people for employees of the Licensee or Authorized Subdivisions thereof at the Licensee's site. In addition there will be Advanced User technical training for one group of up to 10 people using Licensee computers. 4. Telephone Support: Pictometry shall provide 10_ hours of telephone support to the people who have completed the Advanced User technical training. 5. Licensed Software: Pictometry International Corp. shall supply one copy of the Pictometry Electronic Field Study (EFS) software, latest version, on the Storage Media supplied as specified herein. Licensee and Authorized Users may download updated versions of the Licensed Software free of charge for a period of two years from the date of installation, along with a copy of the updated documentation. 6. Annual License Fee of seventy-two thousand, eight hundred and eighty-eight Dollars ($ 72,888) · This is the annual license fee for the Images, Software, Documentation and support. · The initial duration of the License is two (2) years at the above Annual Fee. · This License may be converted into a perpetual License at the end of the initial term by: o Entering into a new License for new Images o Paying a one-time. Perpetual License Conversion Fee of 20% of the Annual Fee. o Support for EFS for a perpetual License is 5% of the Annual Fee. · The annual cost of the Images is fixed for a period of four (4) years, assuming the Images are taken at the same frequency. · After the four (4) years, the annual cost of the Images will not increase by more than 10% in anyone subsequent year. 7. Storage Media. Licensee will make available on Licensee Server enough disk storage space to accommodate the Licensed Images and Licensed Software. This is estimated to be _200_ GB in a NTFS file system, in other file systems the size may vary. Licensee will also provide a 100 Mb/s network link to the server. On delivery Pictometry shall copy the Licensed Images and Licensed Software from Pictometry's computer to the Licensee server via the network connection. 8. Total Costs: First Year: License Fee $ Setup Fee $ Delivery Media $ Total $ 72,888. 10,000 o 82,888 Page 2 of 4 /;1; Pictomelry _ LiC.....k' J;? 040516 Second Year $ 72,888 9. Taxes: All License Fees or other prices listed in this Agreement are exclusive of Federal, State and Local taxes. Licensee will be responsible for any taxes due under this License Agreement. 10. Payment: The Licensee shall remit to Pictometry International, Corp. twenty-five percent (25%) of the first year annual fee upon signing this Agreement and the balance of the first year license fee plus the cost of any Pictometry supplied delivery media within 30 days of the delivery of all Licensed Software and Images, as specified in this Schedule A. All delivery efforts by Pictometry International Corp. shall be coordinated with the Licensee. Payment of the second annual fee shall be due on the one-year anniversary of this delivery date. It is understood that the payment schedule is for the convenience of the Licensee. All monies are considered earned upon delivery of the Image Library. Payment of the second annual fee with the first first annual fee will receive a 2% discount on that second annual fee. Fees past due for 30 days shall be charged a late fee of 1.5% per month. 11. Delivery Schedule: The image capture process and the delivery date may be affected by weather conditions or aircraft availability. Licensee will accept delivery within thirty (30) days of notification by Pictometry. 12. Recommended Minimum System Requirements for Electronic Field Study. A Pentium III with a 450 MHz processor, 128MB memory minimum 256MB+ recommended, Windows NT/2000/XP, a video card with 4 MB memory capable of 1024 x 768 resolution, 100MB NIC and 50MB :tree disk space for software. 13. Support Services: Additional training and support services are available at the additional costs listed: Products & Services Price At Implementation -Additional user training sessions - End User or Advanced User. $500/session Post Implementation Training -At Licensee Location -End User or Advanced User. $500/session * -At Pictometry -Advanced User $500/Person /Day -Via the Internet $$350/Session Post Implementation Technical Support Page 3 of 4 if" .- ..Y/ Pictometry _ Licensee ;.~ . " 040516 -Telephone Support for Licensee Support Contacts - 5 Hour Blocks -On Customer Site -Senior Engineer - Per Hour, Min 8 Hr. -Customer Support Engineer - Per Hour, Min 8 Hr. Electronic Field Study Operations Manuals - Printed Manuals · Plus meal, lodging and travel expenses Page4of4 ,0 Pictometry _ LiCemJee4: 040516 $500 $200 * $125 * $50 SCHEDULE "B" Charges for Image Reproduction 1. All Licensed Images provided pursuant to this License Agreement are and shall remain the property of Pictometry International Corp. and shall contain Pictometry's copyright notices. 2. Any reproductions of the Licensed Images using the Licensed Software, or reproduction or copying of the Licensed Images in any form by any other means by Licensee or an Authorized Subdivision thereof, shall be for internal use or use by "Project Participants" for "Licensee Projects" as covered in Section 4. 1 (c)(2) of the Licensee or an Authorized Subdivision thereof, unless a fee is paid by Licensee to Pictometry as follows: A. For each Hard Copy of an Image, a fee of $25 shall be paid to Pictometry. All such fees shall be remitted monthly to Pictometry. B. For each Digital Copy of an Image, a fee of $25 shall be paid to Pictometry. All such fees shall be remitted monthly to Pictometry. 3. Licensee may pass these fees on to the authorized persons or entities receiving the Images and charge additional fees for work Licensee performs in preparing, annotating and/or copying the Images. 040516 SCHEDULE "C" Digital Imagery Specifications (Approximate) Community Oblique (Nominall~ Foot) Footprint: Front Line: Back Line: Front to Back: Resolution: Front Line: Middle Line: Back Line: 5,000 feet (1,524 meters) 10,000 feet (3,048 meters) 7,500 feet (2,286 meters) 1.2 feet/pixel (0.37 meters/pixel) 1.6 feet/pixel (0.49 meters/pixel) 2.5 feet/pixel (0.76 meters/pixel) Community Orthogonal (Nominall Foot) Footprint: 5,280 x 2,640 feet (1,609 x 805 meters) Resolution: 1 feet/pixel (0.30 meters/pixel) Neighborhood Oblique (Nominal 6 Inch) Footprint: Front Line: Back Line: Front to Back: Resolution: Front Line: Middle Line: Back Line: 1,600 feet (488 meters) 2,400 feet (732 meters) 2,200 feet (671 meters) 0.4 feet/pixel (0.12 meters/pixel) 0.5 feet/pixel (0.15 meters/pixel) 0.6 feet/pixel (0.18 meters/pixel) Neighborhood Orthogonal (Nominal 6 Inch) Footprint: 1,650 x 1,100 feet (503 x 335 meters) - Resolution: 0.5 feet/pixel (0.15 meters/pixel) Image format Proprietary image trailer tacked onto industry standard image format. May be exported to industry standard formats. Image Quality Images will have an unobstructed view of the ground, however there may be occasional cloud shadows. In controlled airspace, around airports, etc., and in areas of r.apid elevation <:banges the image footprint sizes and resolutions may vary. Relative Image Accuracy Approximately 5 meters or less over 1000 meters Absolute Image Accuracy Approximately 2-5 meters (Image location accuracies are subject to and dependant upon the accuracy and posting interval of the County Digital Elevation Models, especially in hilly terrain. This accuracy applies only to orthogonal and not oblique images. See note below.) Sensor Positional Accuracy 15 cm absolute Sensor Directional Accuracy 0.01 degrees absolute We utilize a Litton IMU (Inertial Measurement Unit - utilized in cruise missiles), a ground station post-corrected GPS, and Kalman filtering to achieve the high degree of positional and directional accuracy. Ortho-rectification (Nadir Images only) Geo-referenced square pixels The images will be ortho-rectified to back out the optical deviations of the capture system and then resampled, utilizing USGS OEM data (30~meter postings or better if available ftom county), to Page 1 of2 040516 produce square pixels on the ground. Raw digital images will be available for customers who wish to resample with higher resolution elevation data. Image Export JFIF (JPEG), TIFF, GIF, BMP With associated geography file for import into GIS The proprietary image. format can be directly read into GIS packages that can import JFIF files or the file can be converted to any of the above image formats. An associated geographic mapping file will be delivered with each orthogonal image for direct import in~o GIS. Geo-data Export delineated text files or ESRI shape files Geo-data may be exported as points, lines, poly-lines, or polygons to a delineated text file or ESRI shape file for import into GIS. Image Tiling and Contours In our standard package we do not tile the orthogonal images, nor create contours out of the stereo pairs. However, our orthogonal images are in a form that can support both these functions. Notes 1. As of this date, the existing National Map Accuracy Standards focus on conventional analog aerial photography products. Research is currently underway by the major manufacturers of precision digital aerial mapping cameras to update the existing specifications to be more compliant with digital aerial mapping standards. 2. It should be noted that many of the applications identified by Licensee agencies do not require high levels of accuracy, such as 911, Police, Economic Development, etc. For those that have this requirement, it can be achieved post delivery through the use of third party engineering and surveying software packages which allow orthophoto images to be rectified to existing monumentation and ground control data. 3. Pictometry's orthogonal images provide the coordinate accuracy fulfilling most planemetric requirements. Our oblique images are unique to Pictometry and are intended to provide data not available elsewhere and lateral views with more visual information, e.g. building stock analysis. In Pictometry the orthogonal and oblique images are linked for your convenience and additional study. With a few clicks you can find the revealing lateral views and height measurements, etc. afforded by the oblique images and the coordinate accuracy afforded by the orthogonal images. Page 2 of2 040516 SCHEDULE"D" Sector Map ....=r.r.."".'"...IIf.1""""'j;rn;rr...f.1""""'II.ormm...'f.T>lToI"'.',...........W"<...,,,,...R....'-~-_.~~~~'i!,!i~\;:if:"; ;.,'...d1!.Ji!J iiI FoIl I!dit Sectors o-.~.y. v.... IV_ Hob __.__.__~~ JI~_~~rm_t-'~ 0 IIIJ 1111;1 IIJ IIIlIi'1Jjli-@1.~~ ~Ci\ ~1~5-~-;~~T%8rn~ilJj~{rcHCJ lEI il!kr'trluc"P"""' ~~?;~i~:r:"~;~JI.! I.tr Secmr roof fj/ OIkotaNNCountyl' P.AMSE'r .. ..; .....: GOODHUE prCE ~ .L~~~~~a"'_'.'___'________m._.".."." ." ".." ."__________.. _ .""" ". _"'__.'. ".." ". .m..__L____~ "-!~.!~r_~~___.~_..c__Jt::S..tpoouan !-=:-':'=~::----~~':'~=~=~i;f!~~~='--=:=:=-::------:II'::'~~====:=l91~i ~ ~ ~ 1iJ~ Q ..~D..tHtI...1 BDIIoota-M... I '!]I4oj..PlkvtO...1 UCourIaoo II-s'-'-Ia.. BIU!:"'-"-..I :!'I.ofc.'....~~:~mruh"HM if .'" VI-14 MARK J. HOLMES, CHIEF 115 West 5th Street Hastings, Minnesota 55033-1815 HASTINGS FIRE DEPARTMENT Business Office (651) 480-6150 Fax (651) 480-6170 TO: Mayor Wemer Council Members FROM: Mark J. Holmes - Fire Chief~ SUBJECT: Request Bid Award for Pumper Truck DATE: May 16, 2005 At the December 20, 2004 council meeting, approval was given for solicitation of bids for a fire department pumper truck. The bid process resulted in proposals from three reputable manufacturers. The following comparison outlines the results of the bid process. Please note only one bidder allowed for trade-in of the 1976 Pierce Pumper Truck. E-One Incorporated Ferrara Fire Apparatus Inc. Pierce Manufacturing $426,500 436,911 440,000 (includes trade-in) Upon receipt and opening of bid proposals, fire department staff extensively reviewed and compared the manufacturers. Pierce Manufacturing was eliminated based on construction materials which did not meet the specifications. The remaining two bidders provided proposals which met our specifications with no exceptions. Within the past five years, both responsible bidders have provided our city fire trucks which have proved to be acceptable. Although both manufacturers have their facilities a considerable distance away, each has a company certified contract repair facility in the State of Minnesota. During our discussions with representatives of the two responsible bidders, it was decided to consider the elimination of three items which would result in a cost savings of approximately $15,000. In an effort to further reduce the price, I would recommend this action. FIRE SUPPRESSION FIRE EDUCATION FIRE PREVENTION ...; AMBULANCE SERVICE May 12, 2005 TO: The Honorable Mayor and Council VI-1S FROM: John Grossman HRA Director RE: Amend the Preliminary Agreement with Sherman Assoc. The Preliminary Master Agreement includes a provision that a development contract for the initial phase (condominium) will be entered into within 120 days - or May 2, 2005. The deadlines in the agreement may be changed by mutual agreement of all parties. It has taken the developer and the City longer to assemble the information needed to negotiate a contract than anticipated. The information needed included the estimated costs of public improvements provided by the City. The Council and HRA have been asked to approve the financial concepts prepared by Ehlers as a basis for the development agreement. Council gave concept approval on May 2 and the HRA will consider the same action on May 12. The first draft of the development agreement is now under review by the developer and attorneys for the City and HRA. It is anticipated that the document will be ready for Council and HRA consideration in June. The proposed new date of July 18 (second council meeting in July) allows for some unforeseen delays. Requested action: City Council agreement to amend Section 4 of the Master Preliminary Development Agreement dated January 3,2005 to change the time frame to enter a development contract from 120 days after the date of the agreement to July 18, 2005. The HRA will be considering the same action on May 12. A brief amendment will be written for signatures. VI-16 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: Development Agreement - PRAIRIE RIDGE REQUEST The City Council is asked to approve the attached Development Agreement between the City and the Centex Development for the Final Plat of PRAIRIE RIDGE, consisting of 18 residential lots containing 114 townhome units and 4outlots. The Development Agreement is submitted in conjunction with the Final Plat approval of PRAIRIE RIDGE on May 16, 2005. As a condition of approval, the developer was required to enter into a development agreement with the city to memorialize conditions of approval. ATTACHMENTS . Location Map . Final Plat . Development Agreement .. (1) 0)...... -ecu .- - .~ a.. (1)- ._ ca ... c .- -- caLL ... a.. 'U C Q) 0) Q) -I r.n C) .!: :g '5 aJ II) '0 (tI o 0:: II) Q5 () .... (tI a. ~ ~_z.~ ..q- ~ >- CO ~ ~ ,I o I~ a. '5 CO ~ c: o :;; ro o o .-J Q) ...... 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J~!! 5-1 aH .I&~ ~ i 11 ! ~ ! ~ --1 DEVELOPMENT AGREEMENT FOR PRAIRIE RIDGE THIS AGREEMENT is made and entered into this _ day of , 2005, by and between the City of Hastings, a Minnesota Municipal Corporation ("City") and Centex Homes, a Nevada General Partnership ("Developer"); and WHEREAS, Developer proposes to undertake the development and construction of a residential development on property proposed to be platted as "Prairie Ridge" (hereafter referred to as "Subject Property"); and WHEREAS, public hearings have been held providing the opportunity for input by the neighbors and all interested persons; and WHEREAS, the Hastings City Council has approved Developer's proposed plat of the Subject Property, subject to Developer signing this Development Agreement and otherwise complying with all conditions of city council approval. NOW, THEREFORE, it is hereby agreed between the parties as follows: 1. Application of Development Aereement. This Development Agreement shall apply to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: 1 Prairie Ridge, according to the plat thereof, to he filed in the Dakota County Recorder's Office. This property hereafter shall be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot, shall refer to a lot, block or outlot contained in the plat of Prairie Ridge. 2. Parties Authoritv to Sien. Developer warrants to the City they have full authority to enter into this Development Agreement and perform the conditions herein contained. Developer further warrants that this Development Agreement will be recorded against the Subject Property before any of the Subject Property is transferred or encumbered in any way. 3. Densitv. The Subject Property has been approved for total density of 114 multi- family units within 18 structures. Additionally, the Subject Property has been approved for 4 common area outlots. 4. Park Dedication Fees. Before the City will release the final plat, Developer shall pay to the City cash in lieu of land in satisfaction of the City's park dedication requirements. To satisfy this park dedication requirement, Developer shall pay to the City $125,400. This represents a rate of$1,100 per unit for 114 units. 5. Sewer InterceDtor Fees. Before the City will release the final plat, Developer shall pay to the City $41, 610 for sewer interceptor fees. This represents a rate of$365 per unit for 114 units. 6. South Frontaee Road Turn Around. South Frontage Road must incorporate a temporary turn around at the discretion of the Hastings Public Works Director. 2 7. Declaration of Covenants. Conditions and Restrictions. Developer shall prepare and submit to the City for its review and approval, a Declaration of Covenants, Conditions and Restrictions or an equivalent document. This document shall be submitted and approval must be given by the City before the City will release the final plat of the Subject Property. The purpose of the declaration or equivalent document will be to ensure maintenance of common open space, common drives and common utilities on-site and off-site drainage areas. Furthermore, this document shall include, but not be limited to, the following: A. A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses or apartments to be subj ect to the terms of the declaration. B. A provision for the formation of a property owner's association or corporation and that all owners must be members of said association or corporation which will maintain all properties and common areas in good repair and which may access individual property owners a proportionate share of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. C. Membership in the association shall be mandatory for each owner and any successive buyer. D. Any open space restrictions must be permanent and may not be changed or modified without City approval. E. The association will be responsible for liability insurance, local taxes and the 3 maintenance of the open space facilities that are deeded to it. F. Property owners will be responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meets the requirements for becoming a lien on the property in accordance with Minnesota Statutes. G. The association may adjust the assessment to meet changing needs and costs. 8. Maintenance of PondinJ! Basins A. PondinJ! Basin West of Subiect ProDertv. Developer or the property owner's association for the Subject Property to be created by the preceding Paragraph, #7, shall be responsible for all maintenance associated with the off-site storm water ponding basin located to the west of the right of way easement which is immediately west of the Subject Property, regardless that the ponding basin is not located within the Subject Property. (The location of this ponding basin can be found in the Declaration of Drainage Easement and Construction and Maintenance Agreement dated February 24, 2005 and recorded as Dakota County Document No. .) This ponding basin shall be maintained in accordance with the requirements of the city and shall include the obligation to provide for erosion control of any open swales or ditches. Further information about this ponding basin maintenance obligation is found in said Declaration. This paragraph shall be deemed to supplement the provisions of the Declaration and not replace them. This maintenance obligation shall remain in effect until it is terminated as provided by the 4 Declaration. B. Maintenance ofoondim! basin within the Subiect Prooertv. Developer, its successors and assigns on the Subject Property shall be responsible for all maintenance costs associated with the ponding basin located within the Subject Property. Developer may assign this maintenance obligation to a property owners association for the Subject Property. This ponding basin shall be maintained in accordance with the requirements of the City and shall include the obligation to provide for any erosion control f any open swales or ditches. 9. Three Unit Buildin1!s. Any buildings constructed on the Subject Property which consist of three or more units must receive site plan approval by the Hastings Planning Commission and the Hastings City Council prior to their construction. No building permits for any such buildings will be issued until these approvals have been obtained. 10. Gradin1!. Draina1!e and Utility Plans. No construction or grading of any type shall take place on the Subject Property until Developer has received final approval from the City's Public Works Director for Developer's grading, drainage and utility plans. Furthermore, no construction shall take place until Developer has reimbursed the City for all fees incurred by the City in reviewing Developer's grading, drainage and 5 utility plans. Developer assumes all risks if Developer proceeds with any grading or utility replacement before receiving final approval from the City's Public Works Director. 11. Landscapin1! Plan. Before the City will sign the final plat, Developer must submit and receive approval of Developer's landscaping plan. This landscaping plan shall include, but not be limited to, identifying the size, species and method of installation for all required boulevard and front yard trees, as well as all cul-de-sac islands. 12. Tree Preservation Fencin1!. Before any grading is commenced on the Subject Property, Developer shall install tree preservation fencing around all trees that are not to be removed. This tree preservation fencing must remain in place and be maintained throughout all development in the vicinity of the trees. 13. Tree Replacement. Developer shall replace all removed trees as specified in the Tree Preservation Guidelines. These guidelines can be obtained from the City Forester. 14. Outlots. No development or construction shall take place on any outlots in the Subject Property until the outlots have been replatted into lots and blocks. Developer agrees that further sewer interceptor fees, park dedication fees and other costs may be required as a condition of replatting any outlots. 15. Site Gradin1!. The entire Subject Property, i.e. all platted lots and all outlots, shall be graded at the same time. All site grading on the Subject Property shall be completed according to the grading plan approved by the City. All disturbed areas on the Subject Property must be stabilized with a rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be 6 maintained so as to comply with all City of Hastings property maintenance ordinances. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. 16. Letter of Credit and Inspection Escrows. A. Before Developer begins any grading on the Subject Property, Developer shall post with the City a letter of credit or escrow in the amount of 125% of the grading cost. B. Before the Developer begins any street and utility construction, Developer shall post with the City a letter of credit or cash escrow in the amount of 125% of the street and utility improvement costs. Additionally, before any grading or street and utility construction commences, Developer shall also post the cash escrow in an amount determined by the City's Public Works Director to reimburse the City for inspection fees that incur for the grading, street and utility construction inspections. Before Developer begins any grading or any street or utility construction, Developer shall provide City with proof of liability and insurance in an amount of at least one million dollars. City shall also be named as an additional insured on all liability insurance 7 policies used to satisfy the requirements of this paragraph. C. All letters of credit required by this Agreement shall be in a form acceptable to the City and issued by a company licensed to do business in Minnesota. D. Maintenance Bond - Prior to accepting or approving the completed Developer financed and constructed grading and/or street and utility improvements, the Developer must submit a maintenance bond from Developer's contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. E. Privately Constructed Improvements - In the event the Developer elects to pay one hundred percent (100%) of all costs incurred for installation of the improvements outside of the normal assessment procedure, Developer may do so provided Developer complies with the following requirements: 1. All construction shall be in accordance with plans and specifications approved by the Public Works Division. 2. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. 3. Complete the required improvements within a two-year period. 4. Provide the City with reproducible as-built drawings of the improvements within two months of completion of the improvements. 17. SDecifications - InsDections. 8 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. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge 10% of the consultant fees to cover City overhead and administration costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance of the improvement project. lfthe funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. C. As-Built Improvement Plan - Upon completion of the required public 9 improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 18. Electronic Covies of Required Documents. Before the City will sign the final plat, Developer shall submit to the City, electronic copies of the plat, plan set record drawings and grading plan in an electronic format which is acceptable to the Hastings Engineering Department. 19. Provertv Monuments. Steel monuments shall be placed at all block comers, lot comers, angle points, points of curves in streets and at intermediate points as shown on the Final Plat. Such installation shall be the developer=s expense and responsibility. All U.S., state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The Developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 20. Requirements for a Buildinl! Permit. A. No building permits shall be granted on the subject property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions of plat approval have been met. In a case where the City of Hastings is a party to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. 10 B. No building permits shall be granted on the Subject Property until such time that the Developer provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. C. No building permits, except for approved sales models, shall be granted on the Subject Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted. 21. Buildin1! Permit Submittal Requirements. An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. A. The Certificate of Survey shall reference and be based on an approved grading plan. B. The Certificate of Survey shall include at a mInImum the following information: 1. Property boundaries. 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 11 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 9. Proposed top of foundation elevation (front and rear). 10. Proposed finish grade elevations at building corners. 11. Street right-of-way (to centerline). 12. Existing property monuments. 13. Detailed spot elevations for drainage swales based on the approved grading plan. 14. Existing and proposed midpoint elevations on side lot lines. 15. Existing top of curb elevations at the extension of side lot lines and at the midpoint of the lot. 16. On-site sewage treatment system location and potable well location, if applicable. C. Survey benchmarks shall be identified on certificate of survey. D. Field hubs shall be placed onsite by a licensed surveyor to show top of foundation elevation and setbacks. 22 Erosion Control Plan Requirements (Mav be identified on Certificate of Survev). A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion 12 control as determined by the City's Engineering Department. B. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed ofCAlICA2 Course Aggregate 1-2" rock - 6" deep per MPCA Manual. 23. Successors and AssiJ!ns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 24. RecordinJ! of AJ!reement. An original executed copy of this Agreement shall be filed with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers of the property within the Subject Property of the provisions of this Agreement. All recording fees shall be paid by Developer. 25. RecordinJ! of Final Plat. The final plat of the Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building permit is issued. 26. Other Conditions. Nothing in this Development Agreement shall limit or modify in any way the conditions imposed by the Hastings City Council as part of its approval . of the preliminary plat and final plat of the Subject Property, which conditions are on file at Hastings City Hall and which are incorporated in full into this Agreement by reference. 27. Af~cellaneou~ A. It is agreed that any breach of the terms of this Development Agreement shall be grounds for the denial of any building permit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the 13 breach directly relates. Developer shall be provided with notice of any breach of the terms of this Development Agreement in accordance with the notice provision hereafter and shall be provided a period of30 days in which to cure the breach. During this 30 day notice, the City shall be allowed to withhold any required permits, certificates of occupancy or any other City approvals, unless the City is given assurances in an amount and a form deemed appropriate in the sole discretion of the City that the breach will be eliminated. B. If any portion of this Development Agreement is held in valid for any reason, that decision shall not affect the validity of the remaining portions of this Development Agreement. C. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. All amendments or waivers to this Development Agreement must be in writing, signed by all parties and approved by written resolution of the city council. D. All parties to the Development Agreement have participated freely in the negotiations and preparation hereof. Accordingly, this Development Agreement shall not be construed more strictly against anyone of the parties as a result hereof. E. Any notice required by this Development Agreement shall be sent to the parties as follows: 14 TO THE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street Hastings, MN 55033 TO THE DEVELOPER: Centex Homes Dated this _ day of (SEAL) Dated this _ day of ,2005. ,2005 CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: By: Michael D. Werner, Mayor Melanie Mesko Lee, Assistant City Administrator CENTEX HOMES, A NEVADA GENERAL PARTNERSHIP 15 By: Its: ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2005 by Michael D. Werner and Melanie Mesko Lee the Mayor and Assistant City Administrator of the City of Hastings, Hastings, Minnesota. NOTARY PUBLIC ACKNOWLEDGMENT STATE OF ) ) ss. ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of by the Nevada General Partnership. ,2005 of Centex Homes, a NOTARY PUBLIC THIS INSTRUMENT DRAFTED BY: FLUEGEL & MOYNIHAN P.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 16 Dave Osberg Cc: Subject: Thomas M. Montgomery Monday, May 16, 2005 10:40 AM Anthony Alongi; Danna Elling Schultz; Danna Elling Schultz Home; EDWARD RIVENESS (E- mail); Lynn Moratzka (E-mail); Michael Werner (E-mail); Paul Hicks (E-mail); Turney Hazlet Dave Osberg; Nick Egger LeDuc Mansion Pkg Lot Change Order and Zweber Lane Contract Award From: Sent: To: Mayor and Council Members, LeDuc Mansion Parkina Lot Chanae Order I will be asking Council to add approval of Change Order #1 to the LeDuc Mansion Parking Lot Contract to the consent agenda for tonight's Council meeting. Council may recall that this item was pulled from the May 2 meeting agenda when the contractor submitted a $104,000 cost for the change order to excavate and remove unsuitable materials beneath the parking lot. After further investigation of the site and exposing additional areas of bad subgrade materials, we were able to negotiate a $48,000 cost for removal of the unsuitable materials. Under this change order, the Public Works Department will haul the unsuitable soil out and haul in the sand and bituminous millings that will replace the excavated poor soils. Completion of the project will be delayed approximately four weeks to early July. Enclosed is a copy of the proposed change order. /" Change Order 16 S-13-0S.pdf (1... Proiect 2005-2. Zweber Lane & Oak Ridae Drive Contract Award ~ Bids for the Zweber Lane & Oak Ridge Drive reconstruction came in $85,000 above our estimated construction cost. One bid item, rain garden plantings in the new infiltration basin to be constructed on the Country Club property to drain the Zweber Lane storm runoff, came in $50,000 above our estimate. We are contacting the low bidder, Pember Excavation, to determine if they would agree to keep their remaining bid prices should the City eliminate the rain garden plantings. If so, I will recommend to the Council awarding a contract to Pember, less the rain garden plantings. If not, I will recommend that all bids are rejected and ask for the project to be rebid. If you have any questions or need more information about either of these projects, please contact me. Thomas M. Montgomery Public Works Director City of Hastings 1225 Progress Dr. Hastings, Minnesota 55033-1955 (651) 480-6188 phone (651) 437-5006 fax 1 City of Hastings Le Due Historic Site Improvements CHANGE ORDER # 1 Contractor: Midwest Asphalt Corporation City Project: 2005-4 Address: PO Box 5477 Hopkins, MN 55343 Location: Hastings, Minnesota In accordance with the tenns of this Contract, you are hereby authorized and instructed to perfonn the Work as altered by the .(ijowinl7 nrovisions Description of Changes Supplemental Plans and Specifications Attached MnDOT Added Items Unit Unit Price Estimated Total Number Amount 2105.501 Excavation of Unsuitable Material CY $7.60 3350 $ 19,250.0C 2105.521 Recycled Aggregate Material From City Stockpile CY $3.50 850 $ 2975.0C 2105.522 Select Granular Borrow Mod. 10% CY $7.70 2500 $25,460.0C NET CHANGE IN CONTRACT $47,685.00 MnDOT Deleted Items Unit Unit Price Estimated Total Number Amount NET CHANGE IN CONTRACT $ 47.685.00 JUSTIFICATION: During the excavation operations for the parking lot it was found that the subgrade soil conditions were not adequate to sustain the load proposed by the plans. These deleterious soils were not only saturated but a perched water table created a wet surface condition. Braun Intertec performed an analysis of the soil conditions. They came to the conclusion that the unsuitable material should be removed down to an existing sand layer approximately four Change Order No. 1 City Project 2005-4 Page lof2 to five feet below the top of the proposed parking lot. To relieve the perched water table the Contractor will complete placement of 24 to 36 inches of a select granular material (sand) and +/-12 inches of recycled aggregate material from the City stockpile directly below the proposed parking lot and access road sections. A keyway constructed below the proposed section at the driveway/parking lot interface will provide soil drainage away from the affected area. The Contractor shall bear all costs associated with excavation and loading the unsuitable material; The City will bear all costs of providing trucks personnel and equipment to haul the unsuitable material from the site. Upon being placed in the City supplied trucks the material shall become the property of the City. The Contractor shall bear all costs to maintain the site and to excavate and load the unsuitable material, for which he shall be reimbursed at the unit cost shown above. The Contractor shall bear all costs associated with supplying and loading the Select Granular Borrow at their Hastings pit, and all costs for spreading and compaction of the Select Granular Borrow on site as described by this Change Order for which he shall be reimbursed at the unit cost shown above. The City shall deliver the Select Granular Borrow to the site at no cost to the Contractor. The City shall supply and deliver the Recycled Aggregate Material to the site at no cost to the Contractor. The Contractor shall bear all costs to spread place and compact the material on the site for which he shall be reimbursed at the unit cost shown above. The amount of the Contract will be (Increased) By the Sum Of: Fortv-Seven Thousand and Six Hundred and Eightv-Five and 00/100 Dollars ($47.685.00). The Contract Total including this and previous Change Orders Will Be: One-Hundred and Fortv- Five Thousand. Eight-Hundred and Eightv-One and 45/100 Dollars ($145.881.45). The Contract Period Provided for Completion Will Be (increased): -24- Days. This document will become a supplement to the contract and all provisions will apply hereto. Accepted Contractor's Authorized Representative (Date) Approved Acting City Engineer (Date) Attachments: Exhibit A showing the plan view of construction. Exhibit B showing the proposed cross section and profile of area Change Order No. 1 City Project 2005-4 Page 2 of2 NOTES THE CONTRACTOR SHALL NOT USE PROPOSED PARKING LOT ENTRANCE AS HAUL ROAD HAUL ROAD LOCATION SHALL BE APPROVED BY THE ENGINEER PRIOR TO USE THE CONTRACTOR SHALL BE REQUIRED TO EXCAVATE UNSUITABLE MATERIAL FROM THE SUBGRADE WITH A BACKHOE EXCAVATE EXISTING SOIL TO A DEPTH OF 36" TO 48" BELOW PROPOSED CLASS 5, SEE PROPOSED PROFILE IN EXHIBIT B SOIL CORRECTION AREA SHALL EXTEND 3' BEYOND PROPOSED BITUMINOUS SURFACES AND CONTINUE TO THE BOTTOM AT A 1.5: 1 THE CITY WILL PROVIDE TRUCKS FOR HAULING OF UNSUITABLE MATERIAL OFF -SITE AND SAND/RECYCLED MA TERIAL ON-SITE. THE TRUCKS WILL BE AVAILABLE FOR A MINIMUM OF 10 HRS PER DAY BEGINNING AT 7: 00 AM ANY CLAIMS FOR DOWNTIME SHALL BE INCLUDED IN UNIT COSTS UNDER THIS CHANGE ORDER. \ "- \ \ ( " (}--- IRON P1Pt * \1'O"q.).:.. r..........<.J~.!'( QllAINACE IC[nrAY \ '- / / / \ / / '-.. - ST. -otL----ot.-----ot.. ~ LE DUC HISTORIC SITE IMPROVEMENTS EXHIBIT ~ BDM CONSULTING ENGINEERS, PLC CI TY PROJECT 2005- 4 A o 50 PROPOSED STREET SECTION, SEE PLAN RECYCLED GRANULAR MATERIAL FROM CITY STOCKPILE SELECT GRANULAR BORROW MOD. 10% MNDOT SPEC 3149.2B EXISTING GROUND --y CROSS SECTION l 11" t- 12" VARIES 2'-3' PROFILE I I _-y~ ~UI'I__ I y IILICT_ --- .. <I. . . . . '\ '. . . .0 . .' . .. . . . .. . . " ,4. '., ...... ",' '4 4.' .4. .. .. . . .' ~. ;, ~.4. . . d . . . .. .4 ~.,,, 4.. 4' '.d (I' .<1 :., ~ .. ... . .' . .' .' " . . ," .. . . . .. .. .' ,,'..:.. ",. ,', ~. . .' : . Ej N.T.S. EXHIBIT B: CROSS SECTION AND PROFILE VII-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery May 10, 2005 Public Hearing, Second Reading, and Adopt Ordinance - Centerpoint Gas Franchise Agreement Centerpoint's Gas Franchise Agreement with the City expired in March. City staff and Centerpoint have been working since December to prepare a new franchise agreement and I have enclosed the proposed language for the new franchise agreement. As with the electric franchise agreements, the gas franchise agreement is actually an ordinance amendment, updating the existing gas franchise agreement located in Chapter 12 of the City Code. James Strommen, the attorney for the Suburban Rate Authority, who prepared the League of Minnesota Cities model franchise agreement and has drafted several franchise agreements for other communities, has also reviewed the gas franchise agreement. Mr. Strommen did note that the City should also adopt a right of way ordinance to better regulate and control use of the City right of ways. Staff will be drafting a right of way ordinance for Council review later this year. COUNCIL ACTION REQUESTED Council is requested to hold a public hearing and second reading, and adopt the proposed ordinance that would renew the City's franchise agreement with Centerpoint Energy. - ern' OF HASTIN6S ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 12, GAS FRANCHISE SEC. 12.30 OF THE HASTINGS CITY CODE RENEWING THE GAS FRANCHISE AGREEMENT WITH CENTERPOINT ENERGY BE IT ORDAINED by the City Council of the City of Hastings as follows: CHAPTER 12 GAS FRANCHISE SEC. 12.30 IS REPLACED WITH THE FOLLOWING TEXT CHANGES AND ADDTIONS: CenterPoint Energy Gas Franchise Ordinance ORDINANCE NO. CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP., d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT ENERGY"), ITS SUCCESSORS. AND ASSIGNS, A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE TRANSPORTATION, DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA, FOR SUCH PURPOSE, AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS THEREOF. THE CITY COUNCIL OF THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA, ORDAINS: SECTION 1. DEFINITIONS. FOR PURPOSES OF THIS ORDINANCE, THE FOLLOWING CAPITALIZED TERMS LISTED IN ALPHABETICAL ORDER SHALL HAVE THE FOLLOWING MEANINGS: City. The City of Hastings, County of Dakota, State of Minnesota. City Utility System. Facilities used for providing public utility service owned or operated by City or agency thereof, including but not limited to sewer, storm sewer, water service, street lighting and traffic signals, but excluding facilities for providing heating, lighting, or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government, which preempts all or part of the authority to regulate gas retail rates now vested in the Minnesota Public Utilities Commission. Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy Minnesota Gas ("CenterPoint Energy"), its successors and assigns including all successors or assigns that own or operate any part or parts of the Gas Facilities subject to this franchise. Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and all necessary equipment and appurtenances owned or operated by the Company for the purpose of providing gas energy for public or private use. Notice. A writing served by any party or parties on any other party or parties. Notice to Company shall be mailed to CenterPoint Energy, V.P. Regulatory and Supply Service, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be mailed to City Administrator, City of Hastings, 101 East 4th Street, Hastings, Minnesota 55033. Any party may change its respective address for the purpose of this Ordinance by written notice to the other parties. Public Way. Any right-of-way within the City, as defined by Minn. Stat. ~ 237.162, subd. 3. Public Ground. Land owned or otherwise controlled by the City for park, open space or similar public purpose, which is held for use in common by the public. SECTION 2. ADOPTION OF FRANCHISE. 2.1 Grant of Franchise. City hereby grants Company, for a period of 20 years from the date this Ordinance is passed and approved by the City, the right to import, manufacture, distribute and sell gas for public and private use within and through the limits of the City as its boundaries now exist or as they may be extended in the future. For these purposes, Company may construct, operate, repair and maintain Gas Facilities in, on, over, under and across the Public Ways and Public Grounds, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customary to accomplish these purposes, subject however, to such reasonable regulations as may be imposed by the City pursuant to ordinance or permit requirements and to -the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance. This franchise shall be in force and effect from and after its passage of this Ordinance and publication as required by law and its acceptance by Company. If Company does not file a written acceptance with the City within 60 days after the date the City Council adopts this Ordinance, or otherwise informs the City, at any time, that the Company does not accept this franchise, the City Council by resolution may revoke this franchise or seek its enforcement in a court of competent jurisdiction. 2.3. Service and Gas Rates. The service to be provided and the rates to be charged by Company for gas service in City are subject to the jurisdiction of the Commission. 2.4. Publication Expense. Company shall pay the expense of publication of this Ordinance. 2.5. Dispute Resolution. If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity. 2.6. Continuation of Franchise. If the City and the Company are unable to agree on the terms of a new franchise by the time this franchise expires, this franchise will remain in effect until a new franchise is agreed upon, or until 90 days after the City or the Company serves written Notice to the other party of its intention to allow the franchise to expire. However, in no event shall this franchise continue for more than one year after expiration of the 20-year term set forth in Section 2.1. SECTION 3. LOCATION. OTHER REGULATIONS. 3.1. Location of Facilities. Gas Facilities shall be located, constructed, and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways, not to disrupt normal operation of any City Utility System, and not to interfere with other areas within or on the Public Way that the City deems necessary for current or future planned development. Gas Facilities may be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance, location and relocation of Gas Facilities shall be subject to other reasonable regulations of the City consistent with authority granted the City to manage its Public Ways and Public Grounds under state law, to the extent not inconsistent with a specific term of this franchise. 3.2. Street Openin2s. Company shall not open or disturb the surface of any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may, however, open and disturb the surface of any Public Way or Public Ground without a permit if (i) an emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives telephone, email or similar notice to the City before commencement of the emergency repair, if reasonably possible. Within two business days after commencing the repair, Company shall apply for any required permits and pay any required fees. Notwithstanding emergency work, all applicable conditions of the permit shall be complied with 3.3. Restoration. After undertaking any work requiring working within any Public Way, the Company shall restore the Public Way in accordance with Minnesota Rules, part 7819.1100 and applicable City ordinances consistent with law. Company shall restore the Public Ground to as good a condition as formerly existed, and shall maintain the surface in good condition for twelve (12) months thereafter. All work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Ground or Public Way in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration of the Public Ground at the expense of Company. Company shall pay to the City the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.3. The Company shall also post a construction performance bond consistent with the provisions of Minnesota Rules parts 7819.3000 and 7819.0100, subpart 6. 3.4. Avoid Damae:e to Gas Facilities. The Company must take reasonable measures to prevent the Gas Facilities from causing damage to persons or property. The Company must take reasonable measures to protect the Gas Facilities from damage that could be inflicted on the Facilities by persons, property, or the elements. The Company must take protective measures when the City performs work near the Gas Facilities, if given reasonable notice by the City of such work prior to its commencement. 3.5. Notice of Imurovements to Streets. The City will give Company reasonable written Notice of plans for improvements to Public Ways where the City has reason to believe that Gas Facilities may affect or be affected by the improvement. The notice will contain: (i) the nature and character of the improvements, (ii) the Public Ways upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City will start the work, and (v) if more than one-Public Way is involved, the estimated order in which the work is to proceed. The notice will be given to Company a sufficient length of time, considering seasonal working conditions, in advance of the actual commencement of the work to permit Company to make any additions, alterations or repairs to its Gas Facilities the Company deems necessary. 3.6 Mappin2 Information. The Company must promptly provide complete and accurate mapping information for any of its Gas Facilities in accordance with the requirements of Minnesota Rules Parts 7819.4000 and 7819.4100. SECTION 4. RELOCATIONS. 4.1. Relocation in Public Ways. The Company shall relocate its facilities or equipment at its own expense whenever. the City in the proper exercise of its police power shall grade, regrade, change the line or otherwise improve any Public Way or Public Ground or construct or reconstruct any City utility system therein and shall, with due regard to seasonal working conditions, order the Company to relocate permanently its facilities or equipment located in said street, alley, public way or public ground. The City shall give the Company reasonable notice of plans requiring such relocation. 4.2. Relocation in Public Grounds. City may require Company at Company's expense to relocate or remove its Gas Facilities from Public Ground upon a finding by City that the Gas Facilities have become or will become an impairment to the existing or proposed public use of the Public Ground. Relocation shall comply with applicable city ordinances consistent with law. 4.3. Proiects with Federal Fundin2. Relocation, removal, or rearrangement of any Company Gas Facilities made necessary because of the extension into or through City of a federally-aided highway project shall be governed by the provisions of Minnesota Statutes Section 161.46. SECTION 5. INDEMNIFICATION. 5.1. Indemnity of City. Company shall indemnify and hold the City harmless from any and all liability, on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Gas Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. 5.2. Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. The Company, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf This franchise agreement shall not be interpreted to constitute a waiver by the City of any of its defenses of immunity or limitations on liability under Minnesota Statutes, Chapter 466. SECTION 6. VACATION OF PUBLIC WAYS. THE CITY SHALL GIVE COMPANY AT LEAST TWO WEEKS PRIOR WRITTEN NOTICE OF A PROPOSED VACATION OF A PUBLIC WAY. THE CITY AND THE COMPANY SHALL COMPLY WITH MINNESOTA RULES, 7819.3200 AND APPLICABLE ORDINANCES CONSISTENT WITH LAW. SECTION 7. CHANGE IN FORM OF GOVERNMENT. Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. SECTION 8. FRANCHISE FEE. 8.1. Reservation of Rie:ht. The City reserves all rights under Minn. Stat. g 2l6B.36, to require a franchise fee at any time during the term of this franchise, and amend the amount and rate design of the fee at any time thereafter, but no more frequently than annually. The franchise fee will be imposed in lieu of permit fees and therefore no administrative fee will be charged by the Company to calculate, collect, and distribute the fee to the City. If the City elects to require a franchise fee it shall notify Company and negotiate in good faith to reach a mutually acceptable fee agreement, which shall be set forth in a separate ordinance and not adopted until at least 60 days after Notice enclosing such proposed ordinance has been served upon Company by certified mail. If the City and Company are unable to agree on a franchise fee or on any terms related thereto, each hereby consents to the jurisdiction of State District Court, Dakota County, to construe their respective rights under the law, subject to all rights of appeal. SECTION 9. ABANDONED FACILITIES. The Company shall comply with City ordinances, Minnesota Statutes, Section 2l6D.Ol et seq. and Minnesota Rules Part 7819.3300, as they may be amended from time to time. The Company shall maintain records describing the exact location of all abandoned and retired Facilities within the City, produce such records at the City's request and comply with the location requirements of Section 2l6D.04 with respect to all Facilities, including abandoned and retired Facilities. SECTION 10. PROVISIONS OF ORDINANCE. 10.1. Severabilitv. Every section, prOVlSlon, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2. Limitation on ADDlicabilitv. This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of anyone or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. SECTION 11. AMENDMENT-PROCEDURE. EITHER PARTY TO THIS FRANCHISE AGREEMENT MAY AT ANY TIME PROPOSE THAT THE AGREEMENT BE AMENDED. THIS ORDINANCE MAY BE AMENDED AT ANY TIME BY THE CITY PASSING A SUBSEQUENT ORDINANCE DECLARING THE PROVISIONS OF THE AMENDMENT, WHICH AMENDATORY ORDINANCE SHALL BECOME EFFECTIVE UPON THE FILING OF COMPANY'S WRITTEN CONSENT THERETO WITH THE CITY CLERK WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ORDINANCE. Passed and approved: Mayor of the City of Hastings, Minnesota Attest: City Clerk, , Minnesota NOTICE OF PUBLIC HEARING ORDINANCE AMENDMENT CHAPTER 12, GAS FRANCHISE AGREEMENT 7:00 PM, Monday, May 16,2005 Hastings City Hall To Whom It May Concern: Notice is hereby given that the City Council of Hastings, Minnesota will meet in a public hearing at 7:00 PM on Monday, May 16,2005, in the City Council Chambers located in the Hastings City Hall, 101 East 4th St. for reviewing the following matter: AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 12.30 OF THE HASTINGS CITY CODE HAVING REGARDING THE CENTERPOINT GAS FRANCHISE AGREEMENT Chapter 12.30, is proposed to be replaced entirely with a new Chapter 12.30 containing a gas franchise agreement with Centerpoint Energy Resources Corporation to replace the existing expired gas franchise agreement. Before the date of the public hearing, persons may view exhibits concerning this matter that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at their own expense. All persons are welcome to attend this hearing and make comment. Thomas M. Montgomery Public Works Director Publish: Hastings Star Gazette, May 5, 2005 VII-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery May 10, 2005 Award Contract - Project 2005-1, Dakota Hills Area Street Reconstruction Improvements Bids were opened for the Dakota Hills Area street reconstruction improvements on Thursday, April 28, 2005. The low bid came in about $40,000 below the estimated construction cost. Enclosed for Council approval is a resolution awarding the contract to the low bidder, Pember Companies in the amount of$2,233,770.15. - ern' OF HASTIN6S \\Cityhalll-OS\cityshareddata\CityDocuments\City Council\Agenda Items\200S\OS-16-200S Hearings\OS-1 ResA wardContractDakHilIs.doc CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR PROJECT 2005-1, DAKOTA HILLS AREA STREET RECONSTRUCTION IMPROVEMENTS WHEREAS, pursuant to an advertisement for bids for Project 2005-1, Dakota Hills Area Street Reconstruction Improvements, bids were opened on April 28, 2005 and tabulated according to law, and the following bids were received: Bidder Pember Companies McNamara Contracting Inc. 3 Rivers Construction Inc. Richard Knutson Inc. Bid $2,233,770.15 $2,430,317.75 $2,440,069.80 $2,475,396.85 WHEREAS, it appears that Pember Companies is the lowest responsible bidder; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby authorized and directed to enter into a contract with Pember Companies in the amount of $2,233,770.15 for Project 2005-1, Dakota Hills Area Street Reconstruction Improvements. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16th DAY OF MAY, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) \\Cityha11l-05\cityshareddata\CityDocuments\City Council\Agenda Items\2005\05-16-2005\Contracts & Public Hearings\05-1 ResA wardContractDakHills.doc VI~3 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery May 11,2005 Bid Opening Zweber Lane & Oak Ridge Drive Project The bid opening for Project 2005-2, Zweber Lane and Oak Ridge Drive street reconstruction, is scheduled for Thursday, May 12th. Bid infonnation and a resolution recommending award of contract will be given to the Council on Monday, before the Council meeting begins. - CITY OF HASTINGS VII-4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: Public Hearing: Shoreland Ordinance Revision #2005-17- Impervious Surface Requirements REQUEST The City Council is asked to hold a public hearing to consider the attached amendment to Chapter 16 - Shoreland Management of the City Code. The changes are at the request of DNR to clarify impervious surface coverage requirements. The City Council considered first reading and ordered the public hearing at the May 2, 2005 meeting. RECOMMENDATION The Planning Commission voted 6-0 to recommend approval of the amendment with limited discussion at the April 25, 2005 meeting. No one spoke for or against the item during the public hearing. ATTACHMENT . Ordinance Amendment ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 16.05, OF THE HASTINGS CITY CODE PERTAINING TO: SHORELAND MANAGEMENT ORDINANCE - STORMWATER MANAGEMENT BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 16.05, Subdivision 5 of the Hastings City Code, Stormwater Management is amended as follows: Subd.5. Stormwater Manaqement. . The following general and specific standards shall apply in addition to any other applicable city codes: 5.1 General Standards: A. When possible, existing natural drainage ways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain storm water runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle storm water runoff using natural features and vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. D. All development shall be consistent with the City of Hastings Watershed Management Plan, Chapter 15 Stormwater Management of the City Code of Ordinances, and the requirements of the Vermillion River Watershed Management Organization. 5.2 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area except as follows: (1) Impervious surface coverage may be permitted to exceed +a 25 percent on property that was platted before June 16, 1994 or property zoned DC - Downtown Core upon approval of a Special Use Permit by the City of Hastings that demonstrates compliance with the following: a) All applicable provisions of Chapter 15, Stormwater Management of the City Code of Ordinances. b) All structures and treatments shall be installed for the treatment of storm water runoff in accordance with the City of Hastings Watershed Management Plan. c) Improvements that will result in an increased rate of runoff directly enterinq a public water shall have all structures and practices in compliance with the City Storm Water Manaqement Ordinance in place for the collection and treatment of storm water runoff or will be constructed in coniunction with a special use permit application. d) The lot shall be served by municipal sewer and water. e) Storm water is collected and treated in compliance with the City Storm water Manaqement Ordinance and Best Manaqement Practices. Such treatment may be comprised of either on-site control. access to the City's storm water control system. or a combination of both. to be approved by the City Enqineer. B. When constructed facilities are used for storm water management, documentation must be provided by a qualified individual that they are designed and installed consistent the City of Hastings Watershed Management Plan, Chapter 15 Stormwater Management of the Code of Ordinances, and the requirements of the Vermillion River Watershed Management Organization. C. New constructed storm water outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. D. An existinq site which is beinq altered, remodeled. or expanded without expandinq the existinq impervious surface may be allowed, provided that where appropriate and where necessary. structures and practices for the treatment of storm water runoff are in compliance with the City Storm Water Manaqement Ordinance. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this 16th day of May 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk VII-5 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: Public Hearing - Rezoning #2005-251-1 to DC- Riverfront Addition (Block 1) - Hastings HRA\Sherman Associates REQUEST The City Council is asked to hold a public hearing to consider the following action for development of Block 1 Downtown as proposed by Sherman Associates on HRA property: 1) Rezone property from 1-1, Industrial Park to DC, Downtown Core The City Council considered first reading and ordered the public hearing at the May 2, 2005 Meeting. RECOMMENDATION The Planning Commission voted 6-0 to recommend approval of the rezoning with limited discussion at the April 25, 2005 meeting. No one spoke for or against the item during the public hearing. ATTACHMENTS . Ordinance Amendment . Location Map BACKGROUND INFORMATION History The Planning Commission recommended approval of the Preliminary Development Plan at the October 11, 2004 meeting. The Preliminary Development Plan depicted full development of Block 1 including a restaurant\banquet facility (riverfront), residential condo building (center), and mixed use residential condo building (2nd Street). Property Ownership Hastings HRA is owner of all property in Block 1. The City and HRA have entered into a master preliminary agreement with Sherman Associates to purchase and develop the land in accordance with the Preliminary Development Plan. Heart of Hastings Master Plan Classification The property is part of the "Downtown Core Multi-Use District" as designated in the Heart of Hastings Master Plan. The Plan views the area as "primarily a retailing district. However, allowances for residential, office and services are not only historically appropriate but also enhance the vitality and economic viability ofthe downtown Core." The development plan includes both residential and retail uses, consistent with the Master Plan. Comprehensive Plan Classification The property is guided MXD - Mixed Use Development in the 2020 Comprehensive Plan. The proposed uses are consistent with the Comprehensive Plan. Zoning Classification The property is currently zoned 1-1, Industrial Park. A rezoning to DC, Downtown Core District is proposed. The DC district allows for a mix of both commercial and residential uses. Existing Use The property presently contains a mix of vacant commercial buildings and a parking lot Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South West Existing Use 151 Street - Mississippi River - Kings Cove CP Railroad - Waste Treatment Plant Zoning Comp Plan F-W - Floodway Floodway C-3 - Comm Reg Comm P - Public R-2 - Low\Med Density Res 2nd Street (Block 16) - Future Parking Lot Tyler Street (Block 2) - Gardner House - Parking Lot - Three Rivers Place Proposal C-3 - Comm Reg Comm MXD - Mixed DC - Downtown Core MXD - Mixed 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 property is hereby zoned from I-I - fudustrial Park to DC- Downtown Core: Block 1, TOWN OF HASTINGS BLOCKS 1 THRU 99, Dakota County, Minnesota; and areas north of said Block 1 to be platted as RIVERFRONT ADDITION, Dakota County, Minnesota. ADOPTED BY THE CITY COUNCIL THIS 16th DAY OF MAY, 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, 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 16TH day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. E. Hastings, MN 55033 Block 1 Rezoning ~-~..-\..-'\-~_.-_. '-0 ~; .........-...../ .' \ \. " - - --- --- - - ----- ------ \ \ 5 lie. . \ \ I-\ oN Dc.. \ \ \ \ ' \ \ . ..c <--'. 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CbS z -< ..J 0- W I- (j) !aIInUS~~""", May 11, 2005 TO: The Honorable Mayor and Council VII-6 FROM: John Grossman, HRA Director RE: Second reading, Public Hearing, Amendments to City Code Sct. 2.18 Heritage Preservation Commission, Ordinance No. 533, Second Series. Background A notice of the public hearing has been published and mailed to the owners of all property designated as a heritage preservation site or district. A copy of the complete ordinance with amendments has been available for viewing at City Hall. Sct. 2.18 documents the City's policy and public purposes in preserving the historic, architectural, and cultural assets of the community. It defines the role of the Heritage Preservation Commission, nine citizens appointed by Council. It also defines the procedures they must follow in performing their duty, protecting heritage preservation sites - properties designated by City Council as historic. The existing ordinance is twenty years old. Since 1985 the Building Code, building materials and designs, and the costs of construction have all changed, requiring some adjustments to the procedures. In 2002 the HPC wrote and adopted a comprehensive set of design guidelines for the use of property owners and commissioners. The Commission, Preservation Staff, City Attomey and Building Official have worked together on the amendments. A summary of the major changes. Subd. 4. Designation of Heritage Preservation Sites. "Interim protection" is added to the nomination process for historic designation. This gives protection of the ordinance to the property while the nomination is being prepared for Council's consideration. The protection would become permanent only if the Council acted to designate the property. Subd. 5. Additional Powers. This strengthens the responsibility of City Departments to solicit HPC comment before taking action impacting designated sites. For example, if street work would impact a designated site, the Public Works Division would refer the proposal to the HPC for comment before Council action. Subd 6. "Review of Permits" changed to "Certificate of Approval." Under the existing ordinance the Building Department refers building permits to the HPC. The HPC found that owners had often signed contractors and purchased materials before coming in for a Building Permit. The amendment requires that all exterior changes to sites be reviewed and a Certificate of Approval be issued before they are made. The Certificate is needed before a building or sign permit can be released. The amendment replaces criteria for review included in the 1985 ordinance with direction to use the Design Guidelines adopted by the HPC and the Secretary of Interior's Standards of Rehabilitation in reviewing applications. The Guidelines are very complete, illustrated, well organized and have proven workable. The Standards are general principals recognized nationally. The Guidelines and Standards are sent to the designated historic site owners and are on the City web site. The amendment provides for public hearings when substantial changes of appearances or demolition would impact the neighbors. Subd. 6. E. 1. f. Appeal to City Council. An owner's appeal of an HPC decision, on grounds of economic hardship, will be considered by the City Council rather than the HPC. A draft Council procedure is attached. Subd. 7. Enforcement. The amendment authorizes enforcement by the Department of Building Safety. The Heritage Preservation Staff would provide the specifics of the violation to the Building Official and work with the City Attorney after notification of violation. Action If Council is satisfied with the language, adopt the proposed amendment. Appeal Procedures The draft council procedures for appeals should be considered separately. They are not part of the ordinance amendment. Inclosures Clean copy of amended ordinance Edited copy showing additions and deletions Draft appeals procedure J: \HPC \ Ordinance. summary. S-6-0S.doc ORDINANCE NO. 533, SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 2, SECTION 2.18 OF THE HASTINGS CITY CODE PERTAINING TO: HERITAGE PRESERVATION COMMISSION BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 2 of the Hastings City code is amended as follows: SEC. 2.18. HERITAGE PRESERVATION COMMISSION SUBD. 1. PUBLIC POLICY AND PURPOSE. The City Council finds that historical, architectural, archaeological, engineering and cultural heritage of the city is among its important assets. Therefore, the purpose of this chapter is to establish a municipal program of heritage preservation, as authorized by Minnesota Statutes 471.193, to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens and visitors of Hastings. SUBD. 2. DEFINITIONS. For the purpose of this chapter, the following words or phrases shall have the meanings respectively ascribed to them by this section. A. "Significance." The quality of the information; example, interest or meaning represented by the site for understanding and appreciating the past development or culture. B. "Integrity" The amount and condition of original material and/or design remaining in the site, property or district. C. "Historic significance." Associated with activities, processes, events, trends or persons of importance to the community, state or nation. D. "Architectural significance." Possessing distinctive characteristics of a style, place, period, method or materials of construction, builder or architect. E. "Cultural significance". A landmark or setting of man-made or natural features, or a combination, possessing meaning primarily by long association or identification with the community and its citizens. F. "Archaeological significance". An area of land possessing the potential to reveal information important to historic or pre-historic studies. G. "Engineering significance". A work demonstrating a technology, design or method characteristic of a historic period or activity. H. "Heritage Preservation Site". An area, property, building, structure or object, when designated for preservation for reasons of its significance by the City Council. I. "Heritage Preservation District. (District)" When a concentration of properties are linked by significance and located in a contiguous area, they may be defined by a boundary and designated a Heritage Preservation District with the same protection and meaning as a Historic Preservation Site under this ordinance. Land and structures which do not contribute to the significance of the district may be included within the boundaries of the Heritage Preservation District when necessary to protect the significance, integrity and visual unity of the whole. J. "Alteration." Refers to changes and works to Heritage Preservation Sites. SUBD.3. HERITAGE PRESERVATION COMMISSION ESTABLISHED. A. This ordinance establishes the Hastings Heritage Preservation Commission (hereinafter "HPC" or "Commission") with the following responsibilities: 1. To continue to survey and research in order to identify properties which have historic, architectural, archaeological, engineering or cultural significance to the community. 2. To recommend properties which meet the criteria of significance stated herein for designation as Heritage Preservation Sites. 3. To protect Heritage Preservation Sites by public review of all proposed alterations, relocations, demolitions or new construction within designed site boundaries. 4. To advise property owners and educate the public in appropriate maintenance, rehabilitation or restoration methods. To encourage continued uses, compatible with their character, of Heritage Preservation Sites. 5. To hear and decide applications for Certificate of Approval. 6. To make recommendations to the City Council on proposed amendments to this chapter. 7. To promote public recognition and appreciation for Heritage Preservation Sites. B. Member. The Hastings Heritage Preservation Commission shall consist of nine voting members appointed by the Mayor, with the advice and consent of the City Council. Members must reside in the municipality. 1. At least one member will be an architect, or if an architect not be available, an experienced person of the building trades. 2. At least one member will be a professional or experienced person in the areas of history, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law. 3. The other members shall be drawn from persons with a demonstrated interest and/or expertise in historic preservation. 4. One Commissioner will be member of and designated as the representative to the County Historical Society. C. Appointment of Members. Members shall be appointed by the Mayor, with the approval of the Council, upon recommendation by the Commission. Initial appointments shall be two members for one year, two members for two years and three members for three years. Subsequent appointments shall be for a term of three years. There is no limit to the number of terms. Vacancies from resignation or other causes shall be filled by appointment for the remainder of the unexpired term. Members shall serve without compensation and continue to hold office until their successors have been appointed and qualified. D. Organization. The Commission, when formed, shall elect from its members, such officers as it may deem necessary. The Commission shall have the power to designate and appoint, from its members, various committees with powers and duties of the Commission. The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of this ordinance, which are not inconsistent with the laws of the City and the State of Minnesota, E. Annual Report. The Commission shall make an annual report by October 31st, containing a statement of its activities and plans to the Mayor, the City Council, the City Administrator, the Building Official, the Chairman of the Hastings Housing and Redevelopment Authority, the City Planning Director, and the State Historic Preservation Officer. F. Meeting. The Commission shall meet monthly at a regular time and place to conduct its business. In addition, the Commission will meet at its earliest convenience, when called by the Chair, to review such building permits or applications as are referred to it by the City Building Official or City Planning Director G. City Support. To accomplish the intent and purpose of this ordinance, the City of Hastings shall provide the Commission with facilities, equipment, supplies and staff support. The HPC will submit budget requests in the same manner as other City Departments. SUBD.4. DESIGNATION OF HERITAGE PRESERVATION SITES. A. Designation Study. The Commission shall continue to survey properties, conduct studies and gather documentation of properties which has reason to believe are significant to the community. The Commission shall provide procedures for citizens to nominate properties for consideration as Heritage Preservation Sites. A designation study shall be initiated by action of the Commission in a public meeting. A notice will be mailed to the owners of properties considered for designation 10 calendar days before that meeting date. B. Proposed Designation. The Commission shall recommend properties to the City Council for designation as Heritage Preservation Sites. In order to be recommended for designation, the Commission must have completed a study which demonstrates that the property being considered possesses historic, architectural, cultural, archaeological or engineering significance at the local, state or national level, and in addition that the property possesses integrity. C. Planning Commission Review. The Heritage Preservation Commission shall advise the City Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries and secure from City Planning Commission its comments or recommendations with respect to: 1. The relationship of Heritage Preservation Site designation to the comprehensive plan and zoning code of the City of Hastings; and 2. The consistency of the proposed designation with applicable development plans or development objectives adopted by the City Council. The Planning Commission shall respond to the HPC within 30 calendar days of the Planning Director receiving the proposed designation. D. Preservation Commission Findings and Recommendation. The eligibility of a property for designation as a Heritage Preservation Site shall be determined by the Commission in an open meeting, notice of which shall have been sent via US mail to all owners of property considered for designation, with opportunity for public comment. The Commission shall adopt a resolution of recommendation for each site or for a district as a whole. E. State Historic Preservation Office's Review. Prior to making its recommendation to the Council, every proposed designation by the Commission shall be sent to the State Historic Preservation Office for review and comment in writing within 60 calendar days of receipt of the designation. F. Council Designation. The Commission shall forward its recommendations, together with its findings of significance and integrity and with the comments of the Planning Commission and of the State Historic Preservation Office, to the City Council. The City Council, upon recommendation of the Commission may, by resolution, designate a Heritage Preservation Site or District. Prior to such designation, the City Council shall hold a public hearing, notice of which shall have been published in a newspaper of general circulation at least 10 calendar days prior to the date of the hearing, and notice of the hearing shall be mailed to all owners of property which is proposed to be designated a Heritage Preservation Site and to all property owners within the boundary of the area to be designated a Heritage Preservation District 10 calendar days prior to the date of the hearing. G. Recording of Heritage Preservation Sites. The Commission shall record with the Dakota County Recorder or the Dakota County Registrar of Titles, the legal description of all buildings, lands, or areas designated as Heritage Preservation Sites or Heritage Districts by the Council. H. Interim Protection. Interim protection is established to protect a nominated property from destruction or inappropriate alteration during the designation process. The owner shall be notified of the interim protection when a decision has been made about commencing a designation study. A designated study shall be initiated by action of the Commission in a public meeting. Notice shall be mailed to the owners of properties considered for designation 10 calendar days prior to the meeting date. Interim protection shall be in effect for 120 calendar days from the date of the Commission's action to begin a designation study of the property or until the Council makes a decision on the proposed designation, whichever comes first. Prior to the expiration of the120 day period, the Commission may request Council approval to extend the interim protection for an additional 120 calendar days, not to exceed a total of 240 days. The Commission shall provide grounds for the request for an extension of interim protection. A notice of the recommendation to extend the interim protection must be sent to the property owner 10 calendar days prior to the Council meeting. Interim protection means that during the designation process, the provisions of this ordinance apply to the property as if it were designated. I. Heritage Preservation Commission records. 1. The Commission shall keep current and public a list of all properties designated as Heritage Preservation Sites, or included in the State or the National Register of Historic Places. 2. The Commission will provide the Building Official and the City Planning Director with current lists and maps showing Heritage Preservation Sites and Districts for their use in referring applications to the Commission. 3. The Commission will conform to the procedures of the Division of Archives and Manuscripts of the Minnesota Historical Society and to Minnesota Statutes 138.17 on the disposition of records. SUBD. 5. ADDITIONAL POWERS AND DUTIES OF THE COMMISSION. The Commission shall have the following powers and duties in addition to those otherwise specified in this chapter: A. Any application or plan for a proposed City action or approval that would affect the appearance of a Heritage Site or District will be referred by the involved Department to the HPC staff with plans or descriptions for HPC review and comment before final action. Examples of City actions or approvals include, but are not limited to: the Planning Director forwarding applications for land use actions including special use permits, variances, vacations, subdivisions and site plans, street and utility reconstruction plans, building permits, building violations or maintenance orders. Building, fence and sign permits for Heritage Sites or District properties may not be released without a Certificate of Approval from the HPC. B. The Commission may request, as needed, that the Department of Building Safety, Public Works Division, Fire Department, Planning Commission, the Housing and Redevelopment Authority or the City Council adopt measures required or appropriate for the preservation, protection or maintenance of Heritage Preservation Sites such as variances, amendments, enforcement or alternatives to the City code, Building code and Fire code governing construction, demolition, alteration, maintenance, use, or condemnation. C. The Commission shall provide general preservation information and guidelines to owners of Heritage Preservation Sites regarding maintenance, restoration or renovation of historic properties. D. The Commission shall promote public recognition and appreciation for Heritage Preservation Sites. It shall periodically publish and provide to property owners a registry of designated and potential Heritage Preservation Sites and Districts, along with design guidelines and preservation programs available at that time. E. With the prior approval of the City Council, the Commission may contract the services, on a regular or part-time basis, of technical. experts or professional consultants as may be required to perform its duties.; F. With the prior approval of the City Council, the Commission may make application for and accept gifts, grants and contributions made to the City for the purpose of Heritage Preservation. G. With the approval of the City Council, the Commission may nominate properties to the National Register of Historic Places or to the State of Minnesota for the designation of a Historic Site or District. SUBD.6. CERTIFICATE OF APPROVAL A. Purpose. Certificates of Approval are established to protect sites, properties in districts, and nominated properties under interim protection by providing the Commission with authority to review and approve or deny proposed exterior alterations, new construction, additions, removals, demolition or relocation from or into designated sites and districts. B. Certificate of Approval required. The exterior alteration of a site or a property in a district shall be prohibited except where authorized by a Certificate of Approval approved by the Commission. Any City permits and approvals for designated sites and properties within districts will not be released by City staff without a Certificate of Approval or by direction of City Council. C. Application for Certificate of Approval. Application shall be made by the owner of the designated property on a form provided by the Commission and accompanied by all required supporting information before review. A complete application shall be accompanied by the following information, and other information as staff determines necessary: 1. Accurate scaled and dimensioned site plan of existing conditions; 2. Photos of existing conditions; 3. Photos or plans of building elevations; 4. Photos or plans of proposed alterations and replacement material; 5. Plan, illustrations and samples of building materials, windows, roof, doors, siding, trim, etc; 6. Samples of paint colors, when required; 7. Plan and description of changes to architectural details; 8. Samples and illustrations of proposed replacement materials; 9. Description of area proposed to be cleaned and methods, companies or chemicals to be used; 10. Details of signs or awnings including lettering, design, size, color and materials. 11. Statement of how the proposal relates to historic significance of site. D. Review of application. The Commission may approve, approve with conditions, or deny an application. All findings and decisions of the Commission shall be recorded in Commission minutes, or on the application itself when a Commission meeting is not required. Decisions are final, subject to appeal to the City Council. The Commission shall designate types of alterations, such as maintenance activities or minor alterations which can be approved by the Preservation Staff or referred to a Committee or the whole Commission at a public meeting. The Commission shall designate types of alterations which can be approved by a Committee of three Commissioners or referred to a whole Commission at a public meeting. Alterations not designated above will be considered by the whole Commission at a public meeting. The Commission may call a public hearing for types of alterations that are for, but not limited to demolition, relocation, major addition or remodeling and infill construction on a property designated as a Heritage site or within a Heritage Preservation District. Notice of the public hearing at a meeting during which an application will be reviewed shall be mailed to the applicant and property owners within 350 feet of the property, 10 calendar days prior to the meeting. E. Required findings. 1. Alteration within a site or district: Before approving a certificate of approval, the Commission shall make written findings that the alteration will not materially impair the integrity of the site or district and is consistent with the applicable design guidelines adopted by the Commission, if design guidelines do not apply, is consistent with the recommendations contained in the Secretary of the Interior's Standards for Rehabilitation. 2. Guidelines and Standards. The Commission will be guided by the Secretary of the Interior's Standards for Rehabilitation, as well as by the Design Guidelines adopted by the Commission for the review of proposed changes within Heritage Preservation Sites and Heritage Preservation Districts. In all cases, the Commission will give consideration to the significance and integrity of original material and design remaining in the building when applying criteria, guidelines and standards. 3. Destruction, demolition or removal: Before approving a certificate that involves destruction or removal, in whole or in part, of any site or property within a district or nominated property, the Commission shall make findings that the destruction is necessary to correct an unsafe or dangerous condition on the property, or that there are no reasonable alternatives to the destruction. In determining whether reasonable alternatives exist, the Commission shall consider the integrity of the property and the economic value or usefulness of the existing structure, including its current use, costs of renovation and feasible alternative uses. 4. New construction or relocation: Before approving a certificate that involves new construction on, or the relocation of a building into a site or a district or nominated property, the Commission shall make findings that the new construction or relocated building will be compatible with the visual qualities of the historic architecture of the site, the streetscape or the district, and is consistent with the applicable design guidelines adopted by the Commission or if the guidelines do not apply, with the Secretary of the Interior Standards for Rehabilitation. F. Certificate of Approval conditions. In general, following Commission approval of an application, the applicant shall receive a signed Certificate of Approval and stamped plans or descriptions of the proposed alteration from the preservation staff. The applicant shall provide the Certificate of Approval and plans to the Department of Building Safety before a building, demolition or moving permit may be issued or to the Planning Department before a sign or fence permit may be issued. Alterations approved. as part of the Certificate of Approval must be completed within one year from the date of approval or a request for extension submitted for a further 12 month period prior to the expiration of the first 12 months. G. Limitations. If, within 40 calendar days from the filing of a complete application the Commission has neither approved, denied, nor called a public hearing on the proposed changes, the Certificate of Approval shall be deemed to have been approved by the Commission, and if all other requirements of the City have been met, the appropriate City Department may issue a permit for the proposed work. By vote of the Commission and notification of the appropriate City Department , the first 40 day period may be extended by an additional 40 days in cases where further information and research is required to make a determination and the initial 40 day period is not sufficient to do the work. No permit shall be issued nor work commenced in the event the Commission disapproves the application in accordance with this ordinance. H. Emergency Repair. In emergency situations where immediate repair is needed to protect the safety of the structure or its inhabitants, the Building Official may approve temporary or limited repair without the consent of the Heritage Preservation Commission. In cases of a permit issued pursuant to this paragraph, the Building Official shall immediately notify the Heritage Preservation Commission of its action and specify the facts or conditions constituting the emergency situation. I. Denial of Certificate of Approval. The Commission shall provide the applicant written findings of fact for the grounds of denial of the Application for Certificate of Approval. The applicant shall be provided with the procedures for appealing the denial of the Certificate of Approval including this paragraph. The applicant or any party aggrieved by the decision of the Heritage Preservation Commission shall have a right to appeal such HPC order and decision to the City Council. The request for an appeal shall be made within 10 calendar days of the HPC's action by delivering to the City Clerk a Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City Clerk shall transmit the Notice of Appeal and statement to the City Council and the Heritage Preservation Commission. Once received, the appeal will be considered by the Council at the next regular meeting. Appeals on the grounds of economic hardship will be considered by City Council under the procedures and guidelines adopted by City Council. SUBD. 7. PENALTY FOR VIOLATION. An owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected by an Interim Protection Order who violates the provision of this chapter shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this chapter shall be guilty of a misdemeanor for each day an owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected by an Interim Protection Order allows any work to be performed on any area, place, building, structure or other object in violation of Section 6 herein, it shall constitute a separate violation of this chapter, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction, or a building moved in violation of this chapter, is hereby declared a nuisance, and the imposition of the penalties herein prescribed shall not prevent the City of Hastings from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. A. Enforcement. The City Council authorizes the Heritage Preservation staff and the Building Official or designee to enforce this chapter. These officials may make inspections and take such action as may be required to enforce the provisions of this chapter. B. Right of Entry. Whenever the official has reasonable cause to believe that there may exist in any building or on any property any condition that is in violation of this chapter, the official may enter the area, place, building, structure or other object within a duly designated site or protected by an Interim Protection Order at reasonable times to make inspections or to perform any duty required to administer the ordinance. The official shall first present proper credentials and request entry. If the property is unoccupied, the official shall mail notice to the owner of record by certified mail seven days prior to inspection. If entry is refused, official shall have recourse to every remedy provided by law to secure entry, including the right to secure a proper inspection warrant. C. Violation. When an area, place, building, structure or other object within a duly designated site or protected by an Interim Protection O~der is in violation of this chapter, in addition to any criminal citation, the property owner of record shall be issued a "Stop Work Order" in writing to include the following information: 1. A description of the property sufficient for identification. 2. Description of the violation(s) and the action required to remedy the violations(s). 3. Provision of reasonable time to perform any remedy to be completed. 4. Notice of any action that may be taken by the City if required action has not been made within a reasonable time period. 5. Notice of any right of appeal. D. Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaints shall state fully the causes and basis thereof and shall be filed with the Heritage Preservation Commission or Preservation staff. The Commission shall record properly such complaint, and immediately direct the official to investigate, and take action thereon as provided by this chapter. E. Appeals. Any person aggrieved by a violation notice and order to take action as required by the City shall have the right to appeal. The City Council may uphold the violation, void all violations, or change any described violation by adding violations, removing violations or changing the order to take required action F. Appeal Procedure. Any property owner or owner's agent that has been served with a violation notice and an order to take required action shall have the right to appeal the order to the City Council within thirty (30) calendar days after receiving the compliance order. All appeals shall be made to the Heritage Preservation Commission in writing with any information to substantiate the appeal. The appeal shall be considered by the City Council under section 2.04 of the City Code. SUBD. 8. REPOSITORY FOR DOCUMENTS. The HPC shall retain at least one copy of all Commission minutes, forms, studies, reports, recommendations and correspondence required under Section 4, 5 and 6 of this ordinance. All minutes and records will be available for public inspection during normal business hours. Originals shall be kept in the City's official records. SUBD. 9. SEVERABILITY. In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section affected, and other sections of this ordinance shall continue in full force and effect. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this _ day of 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk SEe. 2.18. HERITAGEPRESERVATIONCOMMISSION SUBD. 1. PUBLIC POLICY AND PURPOSE. The City Council finds that historical, architectural, archaeological, engineering and cultural heritage of this city is among its important assets. Therefore, the purpose of this chapter is to establish a municipal program of heritage preservation, as authorized by Minnesota Statutes 471.193, to promote the use and conservation of historic properties for the education, inspiration, pleasure and enrichment of the citizens and visitors of Hastings. SUBD. 2. DEFINITIONS. For the purpose of this chapter, the following words or phrases shall have the meanings respectively ascribed to them by this section. A. "Significance" The quality of the information, example, interest or meaning represented by the site for understanding and appreciating the past, development or culture. B. "Integrity" The amount and condition of original significance. material and/or design remaining in the site. property or district. B. Integrity: The amount and condition of significance matcrial and/or design remaining in the site, property or district. C. !!Historic significance.:.!! Associated with activities, processes, events, trends or persons of importance to the community, state oref nation. DG. !!Architectural significance.:.!! Possessing distinctive characteristics of a style, place, period, method or materials of construction, builder or architect. E9. !!Cultural significance.:.!! A landmark or setting of man-made or natural features, or a combination, possessing meaning primarily by long association or identification with the community and its citizens. Ee. !!Archaeological significance.:.!! An area of land possessing the potential to reveal information important to historic or pre-historic studies. GF-. !!Engineering significance.:.!! A work demonstrating a technology, design or method characteristic of a historic period or activity. HG. !!Heritage Preservation Site.:.!! An area, propertvdistrict, building, structure or object, when designated for preservation for reasons of its significance by the City Council. I. Heritaae Preservation District. (District) When a concentration of properties are linked by significance and located in a contiguous area, they may be defined by a boundary and designated a Heritage Preservation District with the same protection and meaning as a Historic Preservation Site under this ordinance. Land and structures which do not contribute to the significance of the district may be included within the boundaries of the Heritage Preservation District when necessary to protect the significance. intearitv and visual unity of the whole. J. Alteration. Refers to chanaes and works to Heritaae Preservation Sites. SUBD.3. HERITAGE PRESERVATION COMMISSION ESTABLISHED. A. This ordinance established the Hastings Heritage Preservation Commission with J:\HPC\Sec.2.18 amendment 4-15-05 .docC:\WINNT'.PFooleslJMaheaey\Mv Deellffieats'eFdiaaneeameHdmeHlilldv3 .deeDeoomeHt2 the following responsibilities: 1. To continue toduct continuing surveys and research in order to identify properties which have historic, architectural, archaeological, engineering or cultural significance to the community. To recommend properties which meet the criteria of significance stated herein for designation as Heritage Preservation Sites. To protect Heritage Preservation Sites by public review of all proposed alterations, relocations, demolitions or new construction within designed site boundaries. To advise property owners and educate the public in appropriate maintenance, rehabilitation or restoration methods. To encourage continued uses, compatible with their character, of Heritage Preservation Sites. To hear and decide applications for Certificate of Approval. To make recommendations to the City Council on proposed amendments to this chapter. To promote public recoqnition and appreciation for Heritaqe Preservation Sites. B. !!Member.:.!! The Hastings Heritage Preservation Commission, hereinafter the !!Commission!! shall consist of nine voting members appointed by the Mayor, with the advice and consent of the City Council. Members must reside in the municipality. Source: Effective Date: Ordinance No. 395, Second Series 11-11-96 At least one member will be an architect, or if an architect not be available, an experienced person of the building trades. At least one member will be a professional or experienced person in the areas of history, architectural history, archaeology, planning, real estate, design, building trades, landscape architecture or law. The other members shall be drawn from persons with a demonstrated interest and/or expertise in historic preservation. 4. One Commissioner member will be member of and designated as thetF representative toby the County Historical Society. 5. The Planning Commission and the Housing and Redevelopment Authority shall each designate one of their members as their liaison 'Nho shall be notified of all meetings of the Historic Preservation Commission. C. !!Appointment of Members.:.!! Members shall be appointed by the Mayor with the approval of the Council upon recommendations by the Commission. Initial appointments shall be two members for one year, two members for two years and three members for three years. Subsequent appointments shall be for a term of three years. There is no limit to the number of terms. Vacancies from resignation or other causes shall be filled by appointment for the remainder of the unexpired term. Members shall serve without compensation and continue to hold office until their successors have been appointed and qualified. D. !!Organization.:.~ The Commission, when formed, shall elect from its members, such officers as it may deem necessary. The Commission shall have the power to J :\HPC\Sec.2.18 amendment 4-15-05.docC:\ WINNT\Pmii!eiPJMaketley\Mv DeooawRts\er4lli1HeeameHdftteHtiHav3.deeDe6I1m6Ht2 designate and appoint from its members various committees with powers and duties of the Commission. The Commission shall make such rules and regulations as it may deem advisable and necessary for the conduct of its affairs, for the purpose of carrying out the intent of this ordinance, which are not inconsistent with the laws of the City and the State of Minnesota. E. ~Annual Report.:.~ The Commission shall make an annual report by October 31 st, containing a statement of its activities and plans, to the Mayor, the City Council, the City Administrator, the Building Official, and the Chairman of the Hastings Housing and Redevelopment Authority, the City Planner, and the State Historic Preservation Officer. F. ~Meeting.:.~ The Commission shall meet monthly at a reQular time and place to conduct its business.. no less than four times a year to initiate surveys and nominations of properties, to review potential Heritage Preservation Sites, to. make recommendations of properties to City Council for designation, and to prepare the Commission's annual report. In addition, the Commission will meet at its earliest convenience, when called by the ChairpersonmaA, to review such building permits or applications as are referred to it by the City Building Official or City Planner. ~Citv SupportStaff Assistance.:." To accomplish the intent and purpose of this ordinance, the City of Hastings shall provide the Commission with facilities. equipment. supplies and staff support. The HPC will submit budaet requests in the same manner as other City Departments. adequate staff support and supplies, including the assistance of City Building Official, the City Planner, and other staff designated by the City Administrator to perform the duties prescribed under this ordinance. SUBD.4. DESIGNATION OF HERITAGE PRESERVATION SITES. A. ~Desianation StudYSurveys.:." The Commission shall conduct a continue toffiij survey-ef properties. conduct studies and aather documentation of properties which has reason to believe are sianificant to the community. The Commission-aA4 shall provide procedures for citizens to nominate properties for consideration as Heritage Preservation Sites. A desianation study shall be initiated by action of the Commission in a public meetina with 10 days written notice to the owners of properties considered for desianation. The Commission shall conduct research and documentation of properties which it has reason to believe are significant to the community. B. ~Proposed Desianation. Criteria" The Commission shall recommend properties to the City Council for designation as Heritage Preservation Sites. In order to be recommended for designation, the Commission must have completed a study which demonstrates determine that the property being considered possesses historic, architectural, cultural, archaeological or engineering significance at the local. state or national level. and in addition that the property possesses sufficient intearity to serve as an example of the materials. desian. style. craftsmanship or function of its period. as defined above. Furthermore in making its recommendation, the Commission shall consider the following conditions: 1. That the location and setting is compatible with future preservation and HSe:- 2. That the physical condition is such that preservation maintenance or J:IHPCISec.2.18 amendment 4-15-05.docC:\WINNTlPreHlewJMakeae't'IMy DeellmeRts\eraiaRaeeRHleaElmentitulv3.aaeDeeIlHleRt2 adaptive use is economically feasible. 3. That the distinguishing characteristics of significance are for the most part original and intact or capable of restoration. 1. The existing or proposed use is compatible with the preservation and maintenance of the site. C. ~Planning Commission Review:..~ The Heritage Preservation Commission shall advise the City Planning Commission of the proposed designation of a Heritage Preservation Site, including boundaries and secure from City Planning Commission its comments or recommendation~ with respect to~ tAethe relationship of Heritage Preservation Site designation to the comprehensive plan and zoninq code of the City of Hastings~, ' the consistency of the proposed desiqnation with applicable development plans or development obiectives adopted by the City Council. The Commission shall respond to the HPC within 30 days of receivinq the proposed desiqnation. recommend approval. reiection or modification of the proposed desiqnation 'Nithin 30 davs after recei'linq it. its opinion as to the effect of the proposed designation upon the surrounding neighborhood, and its opinion and recommendation as to any other planning consideration which may be relevant to the proposed designation, together with its recommendations of approval, rejection, or modification of the proposed designation. The said recommendation shall become part of the official record concerning the f)roposed designation ::md shall be submitted by the Heritage Preservation Commission along with its recommendation concerning the proposed designation to the City Council. The Heritage Preservation Commission may make such modifications, changes, and alternations concerning the proposed designation as it deems necessary in consideration of the recommendations of the City Planning Commission. D. ~Preservation Commission Findings and Recommendation:..~ The eligibility of a property for designation as aA Heritage Preservation Site shall be determined by the Commission in open meeting, notice of which shall have been sent to all owners of property considered for designation, with opportunity for public comment. The Commission shall adopt a resolution of recommendation for each site or for a district as a whole. E. ~State Historic Preservation Office's Rfeview:.. of future Heritage Preservation Sites" Prior to making its recommendation to the Council, every proposeda+-ef designation by the Commission shall be sent to the State Historic Preservation Office for review and comment in writing within 60sMy days. F. .!!.Council Designation.:..!!. The Commission shall forward its recommendations, together with its findings of significance and integrityeligibility and with the comments of the Planning Commission and ofthe State Historic Preservation Office, to the City Council. The City Council, upon recommendation of the Commission may, by resolution, designate a Heritage Preservation Site or District. Prior to such designation, the City Council shall hold a public hearing, notice of which shall have been published in a J:\HPC\Sec.2.18 amendment 4-15-05.docC:\WINNT' Prefiles"JMahefle'{\My DaeHfllefltffiefllift8f1ee8ffiQfldmentilldy3.deeDeeuffioflt2 newspaper of general circulation at least 1Q;m days prior to the date of the hhearing, and notice of the hearing shall be sent to all owners of property which is proposed to be designated a Heritage Preservation Site and to all property owners within 200 feet of the boundary of the area to be designated a Heritage Preservation DistrictSite. G. "P.cquisition" The Commission may recommend to the City Council, after review and comment by the City Planning Commission, that certain property eligible for or designated as a Heritage Preservation Site be acquired by gift, by negotiation, or by eminent domain 3S provided in Chapter 117 of Minnesota Statute. H. "Recording of Heritage Preservation Sites",~ The Commission office of the City Clerk shall record with the Dakota County Recorder or the Dakota County Registrar of Titles, the legal description of all buildings, lands, or areas designatedeG as Heritage Preservation Sites or Heritaae Districts by the Council.:..., and shall send a copy to the Building Official. H. Interim Protection. Interim protection is established to protect a nominated property from destruction or inappropriate alteration durina the desianation process. The owner shall be notified of the interim protection when a decision has been made about commencina a desianation study. A desianated study shall be initiated by action of the Commission in a public meetina afterwith 10 days written notice to the owners of properties considered for desianation. No buildina permit shall be issued from the date the notice was recei'Jed by the owner to the date of public meetina to determine desianation status. Interim protection shall be in effect from the date of the Commission's action to beain a desianation study decision reaardina the desianation of the propertv until Council action or for four months whichever comes first. Prior to the expiration of the four month period. the Commission may request Council approval to extend the interim protection for a further four~ months not to exceed a total of eiaht 46 months. The Commission shall provide arounds for the request for an extension of time to decide on the desianation. The owner must be notified of the recommendation to extend the interim protection prior to the Council meetina to decide on the extension of time. Interim protection means that durina the desianation process, the provisions of this ordinance applv to the property as if it were desianated. I. ~Heritage Preservation Commission records",~ 1a. The Commission shall keep current and public a list of all properties designated as Heritage Preservation Sites, or included in the State or the National Register of Historic Places. 29. The Commission will provide the Building Official and the City Plannlng DirectoreF with current lists and maps showing Heritage Preservation Sites and Districts for their use in referring applications to the Commission. 3. The Commission will conform to the procedures of the Division of Archives and Manuscripts of the Minnesota Historical Society and to Minnesota Statutes 138.17 on the disposition of records. J:\HPCISec.2.18 amendment 4- 15-05.docC:IWTNNT\PrefileslJMallafle',,' My Daetlffie~anliflaneellffieHdmc::RtiHII>,.3 .aeeDaaHffi8f1t2 SUBD. 5. ADDITIONAL POWERS AND DUTIES OF THE COMMISSION. The Commission shall have the following powers and duties in addition to those otherwise specified in this chapter: A. Any application or plan for a proposed City action or approval that would affect the appearance of a Heritage Site or District will be referred by the involved Department to the HPC staff with plans or descriptions for HPC review and comment before final action. Examples of City actions or approvals include The Planning Director will forward applications for land use actions including special use permits. variances. vacations. subdivisions and site plans. zoning ordinance amendments for nwie':; and comment. The Public 'N orks Dircctor or City Engineer '..",ill forward street and utility reconstruction plans. or proposed appearance alterations for review and comment. The Building Official '.vill forward applications for building permits, and copics efbuilding violations or maintenance orders. for review and comment. Building. fence and sign permits for Heritage Sites or District properties may not be released without a Certificate of Approval from the HPc. The Commission shall r"vic,:; and comment on applications pertaining to land use, signs, subdivisions and site plans on propcrties designated Heritage Preservation Sites referred to the Heritage Preservation Commission by the Planning Commission or City Council. B. The Commission maysAaU request, as needed, the Department of Buildina Safety :Public Works Diyision, Fire Department.tAe Planning Commission, the Housing and Redevelopment Authority or the City Council to adopt measures required or appropriate for the preservation, protection or maintenance of Heritage Preservation Sites such asincluded but not limited to variances...--oF amendments, enforcement or alternatives to the Cityzoning code, Buildina code and Fire code, rules governing construction, demolition, alteration, maintenance,--oF use, or condemnation. the removal or repair of blighting influence incompatible with the physical well being of designated properties. C. The Commission shall provide general preservation information~ and guidelines to owners of Heritage Preservation Sites regarding maintenance, restoration or renovation of historic properties., and rehabilitation. D. The Commission shall promote public recognition and appreciation for Heritage Preservation Sites. It shall periodically publish and provide to property owners a a register OfF designated and potential Heritage Preservation Sites and Districts, along with desian guidelines and preservation programs available at that time. E. With the approval of the City Council. t:J:he Commission may contract the services, on a permanent or part-time basis, of technical experts or professional consultants and such persons as may be required to perform its duties.s; subject to approval of the City Council. F. With the approval of the City Council. t:J:he Commission may make application for and has the authority to accept gifts, arants and contributions-te-Ge made to the City, J:\HPC\Sec.2.18 amendment 4-15-05.docC:\WlNNNreHleG\JMaflet1cylJ,I\' DeOliffionts\erdiRaflecamenamentiudy3 .aeeDeeliffieHt2 and to assist the City Staff in the preparation of applications for grant funds to be made by the City, for the purpose of Heritage Preservation. G. With the approval of the City Council. t+he Commission may nominate properties shall make no application to the National Register of Historic Places or to the State of Minnesota for the designation of aA2 Historic Site or District '.vithout the consent of the City Council. SUBD.6. RE'JIE'"I\' OF PERMITS.CERTIFICATE OF APPROVAL A Pursuant to provision of the Uniform Building Code, as adopted by City Council, Section 303 (a) Issuance of Permits, the Building Official shall immediately refer applications for building permits for proposed alterations, relocation demolition or new construction within the boundaries of designated Heritage Preservation Sites of the City of Hastings to the Heritage Preservation Commission for their reVie'll and 'NritteA approval or disapproval. Alteration includes but is not limited to remodeling, repair, signs or fences that 'Nill change the exterior appearanco. Demolition may include the whole or any part of a building. B. "Permit Application and Plans" Every application for a building permit in relation to property designated as a Heritage Preservation Site shall be accompanied by plans, photographs, specifications or a written description fully describing the proposed work which shall be provided to the Heritage Preservation Commission. "Permit Issuance" The Building Official shall not issue permits for these applications until receiving written approval from the Heritage Preservation Commission, subject however, to paragraphs F, G, and H of this Section. "Commission Review" The Heritage Preservation Commission shall meet at its earliest convenience upon receipt of the application to determine if the 'Nork adversely affects the preservation and architectural characters of No Change, authorizing the Building Official to issue permits. All applications which do not meet the conditions for a Certificate of No Change shall be reviewed at a full Commission meeting. 1. The Heritage Preservation Commission shall conduct a public hearing for the purpose of receiving the recommendations from concerned citizens and the applicant. Notice of the public hearing shall be published in a nevlspaper of general circulation and sent to the permit applicant at least seven days prior to the date of the hearing. 2. If it is determined that the work to be performed does not adversely affect the site, the application shall be approved and the Building Official immediately informed in writing. 3. If it is determined that the work to be performed does adversely affect the site or district, the applicant shall be disapproved and the Building Official immediately informed in writing. The Commission shall furnish the permit applicant with a copy of the decision together with recommendations for changes necessary before the Commission will reconsider the permit application. E. "Criteria" 'Nhen revievling an application as described under paragraph D of this Section, the Commission shall consider whether the ..vork affects the Heritage Preservation Site in the following cases. 1. "Proposed alteration or addition to an existing building, structure or site" J:\HPC\Sec.2. I 8 amendment 4-15-05 .docC:'.WINNT\Prefiles)JMBRen0Y'J.{y DesnmelltWenliHanSCB111.efttHneatiH6v3.aeeDeCHmeat2 The Commission will consider whether or not the work will ::1dversely impair the significance or ch::1racter of the Heritage Preservation Site. The Commission's \Nritten findings shall refer to the following criteria. (a) Tho distinguishing original qualities, character or appearance shall not be destroyed. The removal or alternation of historic or original material, or distinctive architectural features shall be avoided. In the event that removal or alteration of historic or original materi::11 is determined to be necessary, tho work shall be done in such a way as to minimize the adverse effect. (b) Deteriorated architectural features shall be repaired rather than replaced. In the event that replacement is determined to be necessary, the replacement shall be an accurate duplication of the design, color, texture and other visual qualities of the original, substantiated by historic, physical or pictorial evidence rather than on conjecture. (c) The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting, other cleaning methods, sealants, coatings ::1nd paints shall not damage or appreciably change the material, color and texture of original surfaces. (d) Contemporary design for alterations and additions to existing properties shall not be discour::1ged when such alter::1tions and additions do not destroy original, historic, architectural or cultural material, and such design is compatible with the size, scale, color, material and character of the property, neighborhood or environment. (e) 'Nherever possible, new additions or alterations to structures shall be done in such a manner that if such additions or alterations \"Jere to be removed in the future, the essential form and integrity of the structure would be unimpaired. Cf) The Commission 'Nill be guided by the Secretary of the InterioFs Standards for Rehabilitation, as '.vell as by any local standards or guidelines adopted by the Commission for Heritage Preservation Sites, districts and neighborhoods. In all cases, the Commission will give consideration to the amount and quality of original material and design remaining in the building when applying criteria, guidelines and standards. Consideration will also be given to clear cases of economic hardship or to deprivation of reasonable use of the owners property. 2. "Proposed demolition or removal of a building or structure" The commission '...,ill consider whether or not the demolition or remO'.:al is necessary, and its effect on the surrounding building and neighborhood. The Commission's written fiflGings shall refer to the following criteria. The Commission will be guided by the Secretary of the Interior's Standards for Rehabilitation. as '.veIl as by the Design Guidelines adopted by the Commission for the revie'N of proposed changes within Heritage Preservation Sites and Heritage Preservation Districts. In all cases, the Commission '.vill give consideration to the amount and quality of original and significant material and design remaining in the building when applying criteria. guidelines and standards. A. Purpose. Certificates of Approval are established to protect sites. properties in districts. J :\HPCISec.2.18 amendment 4-15-05 .docC:'.'NINNTlPi-eHles'.JMal16fte'{~My DeeHIKeHts\enliftsooeamentlmefttilulv3.fieeDecumom2 and nominated properties under interim protection by providing the Commission with authority to review and approve or deny proposed exterior alterations. new construction. additions. removals. demolition or relocation from or into designated sites and districts. 1. Certificate of Approval required. The exterior alteration of a site or property in a district shall be prohibited except where authorized by a Certificate of Approval approved by the Commission. Any City permits and approvals for designated sites and properties within districts will not be released by City staff without a Certificate of Approval or by direction of City Council. 2. Application for Certificate of Approval. Application shall be made by the owner of the designated property on a form provided by the Commission and accompanied by all required supporting information before review. A complete Evefy application shall be accompanied by the following information as staff determines necessary: siding, trim. etc: Accurate scaled and dimensioned site plan of existing conditions: Photos of existing conditions; Photos or plans of building elevations: Photos or plans of proposed alterations and replacement material: Plan. illustrations and samples of building materials. windows. rooL doors. be used: Samples of paint colors when required: Plan and description of changes to architectural details: Samples and illustrations of replacement materials: Description of area to be cleaned and methods. companies or chemicals to materials. Details of signs or awning including lettering. design. size. color and Statement of how the proposal relates to historic significance of site. 3. Review of application. The Commission shall establish 'Nritten procedures for the consideration of complete applications. The Commission may approve. approve with conditions, or deny an application. All findings and decisions of the Commission shall be recorded in Commission minutes. or on the application itself when a Commission meeting is not required. Decisions are final, subject to appeal to the City Council. The Commission shall designate types of alterations such as maintenance activities as minor alterations which can be approved by the Preservation Staff or referred to a Committee or whole Commission at a public meeting. The Commission shall designate types of alterations which can be approved by a Committee of three Commissioners or referred to a whole Commission at a public meeting. Alterations not designated above will be considered by the whole Commission at a public meeting. J:\HPC\Sec.2.18 amendment 4-15-05.docC:\\VINNT'PreHles\JMllkefley\My DeeHlfleflts\ef!iiflaflee8fflefldffiefltillw/~ .deeDeeHmeflt2 The Commission may call shall hold a public hearing for types of alterations that are for. but not limited to demolition. relocation. maior addition or alterations to fayadc or remodeling and infill construction onef a property designated as a Heritage site or within a Heritage Preservation District. Notice of the public hearing at a meeting during which an application will be reviewed shall be mailed to the applicant. and property owners within 200 feet of the property. at least 10 days prior to the meeting. 4. Required findings. (a) Alteration within a site or district: Before approving a certificate. the Commission shall make written findings that the alteration will not materially impair the integrity of the site or district and is consistent with the applicable design guidelines adopted by the Commission. if design guidelines do not apply. is consistent with the recommendations contained in the Secretary of the Interior's Standards for Rehabilitation. The Commission will be guided by the Secretary of the Interior's Standards for Rehabilitation. as well as by the Design Guidelines adopted by the Commission for the review of proposed changes within Heritage Preservation Sites and Heritage Preservation Districts. In all cases. the Commission will give consideration to the significance and integrity of original material and design remaining in the building when applying criteria. guidelines and standards. Destruction. demolition or removal: Before approving a certificate that involves destruction or removaL in whole or in part. of any site or property within a district or nominated property. the Commission shall make findings that the destruction is necessary to correct an unsafe or dangerous condition on the property. or that there are no reasonable alternatives to the destruction. In determining whether reasonable alternatives exist. the Commission shall consider the integrity of the property and the economic value or usefulness of the existing structure, including its current use. costs of renovation and feasible alternative uses. New construction or relocation: Before approving a certificate that involves new construction on. or the relocation of a building into a site or a district or nominated property. the Commission shall make findings that the new construction or relocated building will be compatible with the visual qualities of the historic architecture of the site. the streetscape or the district. and is consistent with the applicable design guidelines adopted by the Commission or if the guidelines do not apply. with the Secretary of the Interior Standards for Rehabilitation. 5. Certificate of Approval conditions. In general: Following Commission approval of an application. the applicant shall receive a signed Certificate of Approval and stamped plans or descriptions of the proposed alteration from the preservation staff The applicant shall provide the Certificate of Approval and plans to the Department of Building Safety and Inspections Department before a building. demolition or moving permit may be issued. or to the Planning Department before a sign or fence permit may be issued. Works approved as part of the Certificate of Approval must be completed within one year from the date of approval or a request for extension submitted for a further 12 month period prior to the expiration of the first 12 months. (a). Consideration shall be given to the significance or architectural merit of the building itself, and the contribution the building makes to the historic or J :\HPC\Sec.2.18 amendment 4-15-05.docC:\ WINNT\PfeHlesUMaheH~Y\My DeeumelJtG',erdiHltfteeaHlelulmelltiIl6y3.deeDesllllieRt2 architectural character of the neighborhood or district. (b). Consideration 'Nill be given to the economic value, usefulness and replacement cost of the building as it now stands and as remodeled or rehabilitated, to replace the present building or buildings. (c). Consideration will be given to the present structural integrity of the building to determine whether or not it constitutes :3 clear and present danger to the life and safety of the public. The Commission may contract for a professional estimate of the structural integrity and an estimate of the cost of correcting dangerous deficiencies, with Council approval. (d) Consideration will be given to the effect of demolition and of proposed new construction on the adjacent buildings :md on the architectural and historic character of the neighborhood or district. 3. "Proposed new construction or relocation" The Commission will consider the effect of the work on the histoRG-aAd architectural character of the surrounding buildings and neighborhood. The Commission's written findings shall refer to the following criteria. (a) Contemporary design for new construction shall not be discouraged, but should be compatible with scale, color, texture, materials and other visual qualities of the surrounding buildings and neighborhood. (b) The new building should be compatible with the height, width, depth, massing and setback or the surrounding buildings. (c) The amount of solid 'Nail to window and door openings, :::md the placement of \..,indow and door openings, should be proportional to that of the surrounding buildings :::md neighborhood. (d) The shape and pitch of the roof or cornice should be compatible with that of the surrounding buildings and neighborhood. F. .!!.Limitations.:..!!. Ifwithin 40 ~ days ITom the :filing of a complete application. completed building permit application, the Commission has neither approved.. !!6f denied. or called a public hearing. the-the Certificate of Approvalbuilding permit application, the plans and permit application shall be deemed to have been approved by the Commission, and if all other requirements ofthe City have been met, the Building Official City Department may issue shall authorize a permit for the proposed work. By vote of the Commission and notification of the Department Building Official, the first 40 ~ day period may be extended by an additional 40 ~ days in cases where further information and research is required to make a determinationprofessional study or recommendation is required and the 40~ day period is not sufficient to do the work. No permit shall issue or work commence in the event the Commission disapproves the application in accordance with this ordinance. If the work does not commence within 12 months ofHPC action. the Certificate of Approval expires and is no longer valid. The HPC ma rovide a Ion er eriod as a s ecific condition of a roval. G. !.!Emergency Repair.:.!.! In em rgency situations where immediate repair is needed to protect the safety of the structure...Q[-aAG its inhabitants, the Building Official may approve temporary or limited repair without the consent of the--pFieF Heritage Preservation Commission action. In the case of a permit issued pursuant to this paragraph, the Building Official shall immediately notify the Heritage Preservation Commission of its action and specify the facts or conditions constituting the emergency situation. J:\HPC\Sec.2.18 amendment 4-15-05 .docC:\ WINNT\PreHlesYMakaftev\My DaellHleflts\aFdillftfleeltRleRdmemillay3 .aeeDeellHleat2 H. Denial of Certificate of Approval. "A.ppeal to City Council" The Commission shall provide a written findings of facts for the grounds of denial of the Application for Certificate of Approval. The applicant shall be provided with a written statement of the grounds of denial and be provided with the procedures for appealing the decision to deny the Certificate of Approval. The permits applicant or any party aggrieved by the decision of the Heritage Preservation Commission shall, within ten (10) business days of the date of the Heritage Preservation Commission's order and decision, have a right to appeal such order and decision to the City Council. The appeal shall be made by delivering to the City Clerk t'NO copies of a Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City Clerk shall transmit one copy of the Notice of Appeal and statement to the City Council andaad one copy to the Heritage Preservation Commission. The Heritage Preservation Commission, in any written order denying a permit application, shall advise the applicant ofthis right to appeal to the City Council and include this paragraph in all such orders. Appeals on the grounds of economic hardship will be considered by City Council under the procedures and guidelines adopted by City Council. Consideration will be given to clear cases of economic hardship that meet the criteria for unreasonable use of property to be determined and set forth by Council. SUBD.7. PENAL TV FOR VIOLATION. An owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected by an Interim Protection Order who violates the provision of this chapter shall be guilty of a misdemeanor. Any architect, builder, contractor, agent, person or corporation who assists in the commission of a violation of this chapter shall be guilty of a misdemeanor for each day an owner or occupant of any area, place, building, structure, or other object within a duly designated Heritage Preservation Site or protected bv an Interim Protection Order allows any work to be performed on any area, place, building, structure or other object in violation of Section 6 herein, it shall constitute a separate violation of this chapter, and it shall be punishable as such. A Heritage Preservation Site on which there exists any remodeling, repairing, construction, or a building moved in violation of this chapter, is hereby declared a nuisance, and the imposition of the penalties herein prescribed shall not prevent the City of Hastings from instituting an appropriate action or proceeding to prevent an unlawful remodeling, repair, construction, building, building moving or demolition, or to restrain, correct or abate a violation. A. The City Council shall authorizes e the Hheritaae PJ:}reservation staff and the 8uildina Official or his desianee Code Enforcement Inspector to enforce this chapter. These officials may make inspections and take such action as may be required to enforce the provisions of this chapter. B. Riaht of Entry. Whenever the official has reasonable cause to believe that there may exist in any buildina or on any property any condition that is in violation of this chapter. the official may enter the area. place. buildina. structure or other obiect within a duly desianated site or protected by an Interim Protection Order at reasonable times to make inspections or to perform any duty required to administer the ordinance. The official shall first present proper credentials and request entry. If the property is unoccupied. the official shall mail notice to the owner of record by certified mail seven J:\HPC\Sec.2.18 amendment 4-15-05.docC:' '.vIN~IT1PreHl6s\JMaheAa't'IJ.{y DeeUIR6Ats\erElUJIIAeeamcMmentiuGy3.EleeDeeumetlt2 days prior to inspection. If entry is refused. official shall have recourse to every remedy provided by law to secure entry. includina the riaht to secure a proper inspection warrant. C. Violation. When an area. place. buildinq, structure or other obiect within a duly desianated site or protected by an Interim Protection Order is in violation of this chapter in addition to any criminal citation. the property owner of record shall be issued a :Stop Work Order: in writina to include the followina information: 1. A description of the property sufficient for identification. 2. Description of the violation(s) and the action required to remedy the violations( s ). 3. Provision of reasonable time to perform any remedy to be completed. 4. Notice of any action that may be taken by the City if required action has not been made within a reasonable time period. 5. Notice of any riqht of appeal. D. Complaints reaardina violations: Whenever a violation of this chapter occurs. or is alleaed to have occurred. any person may file a written complaint. Such complaints shall state fully the causes and basis thereof and shall be filed with the Heritaae Preservation Commission. The Commission shall record properly such complaint. and immediately direct the official to investiaate. and take action thereon as provided by this chapter. E. Appeals. Any person aaarieved by a violation notice and order to take action as required by the City shall have the riaht to appeal. The City Council may uphold the violation. void all violations. or chanae any described violation by addina violations. removina violations or chanaina the order to take required action. F. Appeal Procedure. Any property owner or owner's aaent that has been served with a violation notice and an order to take required action shall have the riaht to appeal the order to the City Council within thirty (30) calendar days after receivina the compliance order. All appeals shall be made to the Heritaae Preservation Commission in writina with any information to substantiate the appeal. The appeal shall be considered by the City Council under section 2.04 of the City Code. SUBD. 8. REPOSITORY FOR DOCUMENTS. The HPC shall retain A separate file in the building Official's office is designated as the repository for at least one copy of all Commission minutes, forms, studies, reports, recommendations and correspondence required under Section 4, 5 and 6 of this ordinance. All minutes and records will be available for public inspection during normal business hours. SUBD. 9. SEVERABILITY. In case any section of this ordinance is held invalid by a court of competent jurisdiction, the invalidity shall extend only to the section J: IHPC\Sec.2.18 amendment 4-15-05 .docC: \ 'HINNTlPfefiles)JMakeRe'{I},! y DeBIIBlBftts\eFdinanseaBlBndBlBntilld\'3. deeD0ctlIRant2 affected, and other sections of this ordinance shall continue in full force and effect. SUBD. 10. FORMER "Historic Places" designated as Historic Preservation Sites. By Resolution 125 77, the City Council of the City of Hastings endorsed and GeAcurred with the listing of certain properties on the State and National Registers of Historic Places, and designated them as "historic places" in the City of Hastings. In recognition that the City Council found those properties appropriate for preservation, said properties are hereby designated Historic Preservation Sites within the meaning of this ordinance. These properties are as follows: VanDyke Libby House at 612 Vermillion Street. Byron Howes House at 718 Vermillion Street:- Rudolph Latta House at 620 Ramsey Street. Dakota County Courthouse at Vermillion Street between 3rd & 1th. Full Gospel Assembly Church at northeast corner of 8th & Vermillion. Thompson Fasbender House at 649 West 3rd Street. Ignatius Eckert House at 724 Ashland Street. Hastings '''lest 2nd Street Residential Historic District. Hastings E:Jst 2nd Street Commercial Historic District. 'N. G. LeDuc House at 1629 Vermillion Stroet. The following properties, placed on the National Register with City Council approval in 1979, are also hereby designated Historic Preserv:Jtion Sites 'Nithin the meaning of this ordinance. Fasbender Clinic at 801 Pine Street. Hastings Foundry Star Iron '.Norks at 707 E. 1st Street. MacDonald Todd House at 309 'IN. 7th Street. Source: Effective Date: Ordinance No. 185, Second Series 9-19-85 G:\HPC\Sec.2.18 amendment 4-15-05.doc J:IHPCISec.2.18 amendment 4-15-05.docC:IWINNTlPreHlewJ1\!lakefte'i\My DeelilflentfAenliftllfteellfflooamontiliwi3 .aaeDaelil11~Ht2 DRAFT ADMINISTRATIVE PROCEDURES FOR APPEALS OF PRESERVATION COMMISSION DECISIONS TO CITY COUNCIL 1. Ordinance 2.18 provides that when the Heritage Preservation Commission denies an application for Certificate of Approval, the owner may make an appeal in writing to the City Clerk within 10 business days. Grounds for the appeal must be submitted in writing. The property owner making the appeal has the burden of proof. 2. An appeal on the basis of economic hardship must demonstrate that the denial of the Certificate of Approval will result in the loss of all reasonable and beneficial use of or retum from the property. Economic hardship relates to the property, not the person or owner. 3. The City Clerk will refer the appeal to the Heritage Preservation Committee of the City Council. They will meet with the owner within 30 days and determine whether they can make a recommendation to Councilor if additional information is needed, meet again within an additional 30 days. The committee may require the owner to provide evidence and may request or contract for information and opinion from outside professionals. 4. The Committee will make a recommendation to Council. The approach in assessing economic hardship will be to look at factors used by real estate developers, appraisers and lenders in valuing property or investments to determine if the difference in value as a result of the commission's action is significant. A high degree of hardship is required to justify overriding a commission determination. The impact must be substantial. 5. Among the types of information that may be required to support a hardship appeal are the following. The information will be kept confidential to the extent permitted by law. a. Past and current use of the property; b. Original purchase price; c. Assessed value; d. Recent appraised value; e. Current mortgage principal balance and interest rate or monthly payment. f. Past income and expenses if investment property; g. Past maintenance costs if owner-occupied; h. Ownership structure (partnership, corporate, etc.); 6. The Committee will consider criteria including but not limited to the following: a. No one has an absolute right to use his property in a manner that may harm the public health or welfare, or damage the interests of neighboring landowners or the community as a whole. b. Reasonable or beneficial use includes the owner's ability to continue to carry out the traditional or existing use or whether a viable use for the property remains as a result of the denial of the Certificate of Approval. c. Whether the hardship was self imposed in that the ordinance was in effect or the property was designated prior to the purchase of the property may be considered. d. Owners have a right to a reasonable return or use of their land, but are not guaranteed that the most profitable use will be allowed. e. The beneficial use of properties owned by charitable or non- profit entities may be considered rather than the reasonable financial return. f. The difference in maintenance costs for a designated property are not in themselves economic hardship. However, the burden of exceptional costs on a property owner with special needs or economic circumstances may be considered. In these cases relief in the form of services or financial assistance may be offered. VIII-A-1 Memo To: Mayor Wemer and City Council From: Tom Montgomery, Puplic Works Director Date: May 12, 2005 Subject: Second Reading-Ordinance Amendment: Gas Franchise Agreement Please see the Public Hearing Staff Report for further information. VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 2nd Reading\Ordinance Amendment - Rezo'ning #2005-25 - 1-1 to DC - Riverfront Addition (Block 1 Downtown) Subject: REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-2 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: 2nd Reading\Ordinance Amendment - #2005-17 - Shoreland Impervious Surface Requirements REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: Resolution - Preliminary Plat\Final Plat\Site Plan\Special Use Permit\ #2005-28 - Riverfront Addition - Phase I - North Half of Block 1 - Hastings HRA\Sherman Associates REQUEST Sherman Associates seek the following approvals for Phase I of Riverfront Addition located on Block 1 downtown on land owned by the Hastings HRA: 1) Preliminary and Final Plat to replat Block 1 (2.81 acres) into 3 lots. 2) Zoning Special Use Permit to allow residential units on the first floor of a building in the DC - Downtown Core Zoning District on Lot 2, Block 1, RIVERFRONT ADDITION. 3) Shoreland Special Use Permit to allow impervious surface coverage exceeding 75 percent in the DC - Downtown Core Zoning District. 4) Site Plan to construct a 4 story, 28 unit condominium building with underground parking on Lot 2, Block 1, RIVERFRONT ADDITION. Site Plan approval is for Lot 2, Block 1 only. All other buildings will require site plan approval at a later date. RECOMMENDATION The Planning Commission voted 5-2 (Mcinnis, and Truax dissenting) to recommend approval of the requested actions, subject to the conditions of the attached resolutions, at the May 9, 2005 Planning Commission Meeting. Commissioners discussed the DNR's comments regarding the "bluff' disturbance and setback requirements and potential conversion of the underground parking to commercial space. No one from the public spoke for or against the item at the meeting. Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 2 DNR COMMENTS - "Bluff" Impacts On May 9, 2005, Sandy Fecht of the Department of Natural Resources (DNR) submitted comments regarding the proposed project and conformance to the Mississippi River Critical Area Regulations. She contended that the slope south of 1 st Street, adjacent to the railroad bridge was a "bluff'. Under the Critical Area regulations bluffs cannot be disturbed and are subject to a 40 foot setback requirement On May 11, 2005 I presented Sandy Fecht with pictures of the site showing that the area in question was actually fill brought to the site in the late 1960's. The DNR no longer considers the slope in question to be a "bluff". CONVERSION OF COVERED PARKING TO COMMERCIAL The Planning recommended that the applicant examine eliminating the storage units of the covered parking and reconfiguring the parking to develop approximately 3,000 sJ. of commercial space at the southeast corner of the building. Sherman has examined the concept and is concerned about the impact on parking (would require the need for an additional 15 spaces) as well as limited visibility of the area, and location along the slope between the basement entrance and 1 st floor entrance. ATTACHMENTS . Resolution - Preliminary & Final Plat . Resolution..... Zoning Special Use Permit . Resolution - Shoreland Special Use Permit . Resolution - Site Plan . Location Map . Preliminary Plat . Final Plat . Site Plan . Application BACKGROUND INFORMATION Property Ownership Hastings HRA is owner of all property in Block 1. The City and HRA have entered into a master preliminary agreement with Sherman Associates to purchase and develop the land in accordance with the Preliminary Development Plan. Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 3 Heart of Hastings Master Plan Classification The property is part of the "Downtown Core Multi-Use District" as designated in the Heart of Hastings Master Plan. The Plan views the area as "primarily a retailing district. However, allowances for residential, office and services are not only historically appropriate but also enhance the vitality and economic viability of the downtown Core." The development plan includes both residential and retail uses, consistent with the Master Plan. Comprehensive Plan Classification The property is guided MXD - Mixed Use Development in the 2020 Comprehensive Plan. The proposed uses are consistent with the Comprehensive Plan. Zoning Classification The property is currently zoned 1-1, Industrial Park. The Planning Commission recommended approval of the rezoning request to DC - Downtown Core at the April 25, 2005 meeting. The City Council considered 1 st reading of the rezoning at the May 2, 2005 meeting. Final action on the rezoning is scheduled for City Council on May 16, 2005. The DC district allows for a mix of both commercial and residential uses. Existing Use The property presently contains a mix of vacant commercial buildings and a parking lot. Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South West ExistinQ Use 1 st Street Mississippi River Kings Cove CP Railroad - Waste Treatment Plant ZoninQ Comp Plan F-W - Floodway Floodway C-3 - Comm Reg Comm P - Public R-2 - Low\Med Density Res 2nd Street (Block 16) - Future Parking Lot Tyler Street (Block 2) - Gardner House - Parking Lot - Three Rivers Place Proposal C-3 - Comm Reg Comm MXD - Mixed MXD - Mixed DC - Downtown Core PRELIMINARY AND FINAL PLAT REVIEW Request Preliminary Plat approval to replat 2.81 acres into three lots as follows: Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 4 Lot 1 2 3 Development of Lots 1 and 3 would require future Site Plan approval prior to construction. Preliminary and Final Plat approval is for subdivision of the lots only. HRA Ownership The Hastings HRA owns all the property within the proposed plat. The HRA and City have agreed to sell Block 1 for development under terms of a Development Agreement. Streets No new public streets are included as a part of this plat. All access drives would be privately owned and maintained. A homeowners association must be established to ensure maintenance and access to all property by the owners, and not the City. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Preliminary Plat is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Park Land Dedication The Natural Resource and Recreation Commission met on May 10,2005 and recommends the following: 1) Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $57,955 (50 units x $1,100 per unit + 1.97 acres x $1,500). Park dedication must be paid prior to recording of the Final Plat. Interceptor Sewer Fee Sewer interceptor fees shall be paid as follows: 1) Sewer interceptor fees in the amount of $22,564.30 (50 units x $365 per unit + 1.97 acres x $2,190) shall be paid prior to recording of the Final Plat. Tree Preservation Plan The construction plan will removes most trees from the site. The following information is needed prior to approval: Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 5 1) A Tree Preservation\Replacement Plan is needed identifying the sizes and species of all significant trees per the Tree Preservation Policy for replacement. Drainage and Utility Easements Additional drainage and utility easements may be needed over private utilities at the discretion of the Public Works Director. ZONING SPECIAL USE PERMIT REVIEW - 1ST FLOOR RESIDENTIAL Request Approve a Special Use Permit to allow residential units on the first floor of Lot 2, Block 1, RIVERFRONT ADDITION. Zoning Provision Chapter 10, Section 10.20B, Subd. 3d of the City Code, Special Uses in the DC - Downtown Core Zoning, allows residential use ofthe first floor in accordance along certain streets consistent with the Design Guidelines for Original Hastings. Definition The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. Analysis . The proposed building faces 15t Street. Residential use of the first floor is allowed by a Special Use Permit. . The lack of existing commercial and limited visibility are hindrances to commercial development of the first floor adjacent to the river. Retail and commercial business do not presently exist north of the alley on the adjacent properties. SHORE LAND SPECIAL USE PERMIT REVIEW -IMPERVIOUS SURFACE Request Approve a Special Use Permit to allow impervious surface coverage in excess of 75 percent on property within the Shoreland Management District. Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 6 Shoreland Provision Chapter 16, Section 16.05, Subd 5.2A of the City Code, Special Uses in the DC - Downtown Core Zoning, allows impervious surface coverages to exceed 75 percent in the DC Zoning District upon Special Use Permit approval, subject to the following: a) All applicable provisions of Chapter 15, Stormwater Management of the City Code of Ordinances. b) All structures and treatments shall be installed for the treatment of stormwater runoff in accordance with the City of Hastings Watershed Management Plan. c) Improvements that will result in an increased rate of runoff directly entering a public water shall have all structures and practices in compliance with the City Storm Water Management Ordinance in place for the collection and treatment of storm water runoff or will be constructed in conjunction with a special use permit application. " d) The lot shall be served by municipal sewer and water. e) Storm water is collected and treated in compliance with the City Storm water Management Ordinance and Best Management Practices. Such treatment may be comprised of either on-site control, access to the City's storm water control system, or a combination of both, to be approved by the City Engineer. * Provisions in italics are part of an amendment to the Shoreland Ordinance provisions. The Planning Commission recommended approval of the changes. The City Council has considered first reading and is scheduled to act on the amendment at the May 16, 2005 Meeting. Definition The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. . Analysis · The City's consultant engineer has reviewed the project for conformance to the Stormwater Management Ordinance and Hastings Watershed Management Plan as a Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 7 part of the Grading, Drainage, and Erosion Control plan review. The applicant must resolve outstanding conditions of the review as a condition of approval. . Maintaining site density is critical to preserving a viable downtown. The proposed building is zoned DC - Downtown Core, and located within downtown Hastings. . Stormwater Treatment will be enhanced. Site development will include a "Rain Garden" stormwater treatment system. An infiltration pond and natural plantings will be constructed at the north end of the site to treat stormwater before discharging to the Mississippi River. The current site does not provide any pre-treatment prior to discharge. SITE PLAN REVIEW Proposed Building Setbacks . The proposed building setbacks are acceptable. The building would be constructed to the Tyler Street right-af-way along the west side to be compatible with adjacent building. . setbacks. The building would be parallel to the Three Rivers Place four story residential, building. Vehicular Access and Circulation Access to the underground parking garage is to the east and south via private drive aisles. Two accesses are proposed to Tyler Street at this time. Access to 2nd Street would be constructed in a future phase. Vehicular access and circulation is acceptable with the following changes: 1) A drive aisle access must be constructed parallel to the CP railroad tracks to provide access between 2nd Street and Lot 2. as part of Phase I. 2) All drive aisle widths must be Increased to 24 feet in width. Pedestrian Access and Circulation Pedestrian access and circulation is excellent. Sidewalks exist or are proposed for all four sides of the development to provide further links to the river front. Pedestrian access and circulation is acceptable with the following changes: 1) Construction of the bicycle trail at the eastern edge of the property must occur in Phase I. The path will provide a trail link between the river front and Bailey Street. The trail would be further extended south upon Bailey Street reconstruction to further link with the trail system. Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 8 Esplanade An esplanade has been proposed as part of the Heart of Hastings Master Plan. The esplanade would serve as an enhanced walkway\promenade between the redevelopment sites and the existing riverfront trail. Traffic would be limited to pedestrians; however the esplanade would be constructed to allow for emergency vehicle access. Hoisington Kogler Group Inc (HKGI) has been hired by the city to design the esplanade and to help ensure compatibility to surrounding buildings. HKGI has met with the developer to coordinate the location, width, elevation height,. and appearance of the esplanade to Three Rivers Place. The applicant shall continue to work with the City and HKGI to ensure compatibility of both projects. Parking All required parking is met with underground spaces as follows: Use Parking Calculation Required Provided Spaces Spaces 28 Re.sidential Condo Units 2 spaces per unit 56 57 garage spaces Parking is acceptable with the following change: 1) Additional surface parking must be added in Phase I to accommodate guest parking. Waste Refuse Facilities Waste facility needs appear to be met. Waste refuse facilities would be located within the underground and surface garage. The use of outside dumpsters to handle waste refuse needs shall be prohibited. Landscaping The landscape plan is acceptable and provides a variety of shrub and foundation plantings around all four sides of the building, as well as shade and ornamental trees around the Rain Garden stormwater treatment area. Fencing and Walls A 42" high wrought iron fence is proposed along the north elevation of the building to create private gardens between the door stoop and the building. Architectural Elevations Architectural elevations are well done to be compatible with existing downtown buildings. The building is primarily brick and incorporates segmentations to give the appearance of multiple adjacent buildings. Architectural elevations meet architectural Riverfront Addition #2005-28 - Preliminary & Final Plat, Site Plan, SUP City Council Memo - May 16, 2005 Page 9 appearance standards as well as the Design Guidelines for Original Hastings. The Heritage Preservation Commission (HPC) has also reviewed the site for compatibility to the existing downtown buildings. Building Height The building is below the maximum height limit of 756.5 feet established under the DC - Downtown Core Zoning District as well as the Shoreland Ordinance Height Limit. Chimney and some gable projections exceed the 756.5 foot limit, which is allowable underthe code. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Site Plan is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. ,. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE PRELIMINARY AND FINAL PLAT OF RIVERFRONT ADDITION, A RESIDENTIAL AND COMMERCIAL SUBDIVISION LOCATED ON BLOCK 1, TOWN OF HASTINGS, DAKOTA COUNTY MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Hastings HRA and Shennan Associates, have petitioned for preliminary and final plat approval of RNERFRONT ADDITION, a 2.81 acre residential and commercial subdivision consisting ofthree lots of record, generally located north of 2nd Street, between Tyler and Bailey Streets, legally described on Attachment A; and WHEREAS, on May 9, 2005, a public hearing was conducted before the Planning Commission ofthe City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the preliminary and final plat of RIVERFRONT ADDITION subject to the following conditions: 1. A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars for recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, common drives, and common utilities. The declaration shall include, but is not limited to, the following: (a) A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments is subject to the terms of the declaration. (b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. (c) Membership in the association shall be mandatory for each owner and any successive buyer. (d) Any open space restrictions must be permanent and may not be changed or modified without city approval. ( e) The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. (f) Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (g) The association may adjust the assessment to meet changing needs. 2. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3. The disturbed areas ofthe site shall be maintained to the requirements ofthe City's property maintenance ordinance. 4. Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 5. Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities prior to issuance of any building permits. 6. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 7. The Final Plat must be submitted for recording with Dakota County within 90 days of City Council approval, or the approval is null and void. 8. The homeowner association shall be responsible for the maintenance of the off-site stonnwater basin. 9. Development of Lots 1 and 3 will require future Site Plan approval prior to construction. Preliminary and Final Plat approval is for subdivision of the lots only. 10. Additional drainage and utility easements may be needed over private utilities at the discretion of the Public Works Director. 11. A Tree Preservation\Replacement Plan is needed identifying the sizes and species of all significant trees per the Tree Preservation Policy for replacement. 12. Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $57,955 (50 units x $1,100 per unit + 1.97 acres x $1,500). Park dedication must be paid prior to recording of the Final Plat. 13. Sewer interceptor fees in the amount of$22,564.30 (50 units x $365 per unit + 1.97 acres x $2,190) shall be paid prior to recording of the Final Plat. 14. Submission of an electronic. copy of all plan sets (TIF, PDF, or similar fonnat) prior to recording of the Final Plat mylars. Council member vote adopted by moved a second to this resolution and upon being put to a present. Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th 81. East Hastings, MN 55033 4 +fod1 me,/( fA . -' r2 i()~r'{rOfrl- Md, (e!3Ct 1- RIVERFRON- KNOW ALL '-4EN BY THESE PRESENTS: Thot Housing ond Redevelopment Authority In and for the City of Hastings, 0 public body corporate and politic under the lows of the Stote of loJinnesoto, owner and proprietor of the following described property situoted in the City of Hostlngs. County of Dakoto, State of Ulnnesoto to wit: Comm.nclng at a paint Forty-nine and one-half (49.5) f..t North 01 the Northeast carner of Black One (1), Town of Hastings, on the East line of sold Black One (1) .xtended North; thence West and parallel with the North line at said Block One (1), Two hundredsbcty-four (264) feet to the West line of said Block One (1) produced North. F'orty-nlne and one holt (49.5) feet: thence North . Eight~slx and fitty-fi\l8 one hundredths (86.55) feet to the south right of way line of the Chicago, U"waukee. St. Poul and Pacific RoRroad Company. thence North Seventy-fivo degrees, Twenty-one minutes East (N. 75 degrees 21 minutes E.) along said right of way line Two hundred forty-nine (249) feet to the West line of the right of way of the Chicago, ~ilwaukee. St. Paul and Pacific Railroad Company. th.nc. South Eight d.gr.... fifty-.lght minutes East (5. 8 d.gr..s 58 minutes E.) along the sold rlght of way IIn. One hundred fifty-on. and 'our-tenths (151.4) f..t to the point of beginning containing Six hundred sixty-seven thousandths (.667) acres, excepting ther.from any and 011 railroad rights of way all according to the plot thereof on file and of record in the office of the Register of Deeds in and for Dakota County, ~Innesota. AND Commencln9 at a paint 49.5 feet North of the Northeast comer of Lot 1, Block 1. Town of Hastings. on the East line of said Lot 1 extended Narth; thence South 0 degrees 56 minutes 40 seconds East 0 distance of 189.81 feet, more or less, to the SOUtheCIst comer of said Lot 1: thence South 89 degrees 11 minutes 56 seconds West a distance of 63.83 feet; thence Northwesterly 0 distance of 266.95 feet of a nontangentlol curve concave to the southwest, having 0 radius of 449.13 feet, a central angle of J4 degrees 03 minutes 18 seconds, and 0 chord bearing of North 50 degrees 26 minutes 10 s.conds W.st to 0 point on the West line of sold Block 1 produced North; thence North on sold West Itne to 0 point 49.5 feet from the Northwest corner of Block 1; thence East and parallel with the North Itne of Block 1 a distance of 264 feet, more or less to the point of beginning: Together with that port of the adjoining North Half of the YOcoted olley which accrued thereto by reason of the vacation thereof. ANO Lot 4, Bloc::k 1; Lot 3, Block 1 except that port of Lot 3 l)ing north and east of the Chicago, Mnwaukee and Saint Paul Railroad Right of Way including that part of abandon First Street lying northerly of the Chicago. Milwaukee and Saint Paul RaRroad Right of Way between the east line of Lot 1 and the we.t lIne of Lot 4. Black. 1 extended northerly. and all that part of Lot 2, Black 1. which lies southwesterly of the RaUroad track of Chlcaoo, ~nwauke. and Saint Paul Railroad which connects the main line with the I.vy track os now located over and across said Lot 2; Together with any rights that may hove accrued to the said described property herein conveyed as a result of the vacation of a portion of East First Street In the City of Hastings, 011 located In Block 1, Town of Hastings, according to the recorded plat thereof, Dakota County. ~Innesota: Together with that part of the adjoining North HoIf of the vacated alley which accrued thereto by reason of the vacation thereof. AND All that part at Lot 8, Block 1, Town of Hastings. according to the recorded plot thereof. D.akota County. toIlnnesota, lying easter1y of the following described line: Commencing at Q point 10 feet west of the southeast comer of sold Lot 8; thence west along the south line of said Lot 8 a distance of 56 feet more or less to the southwest corner of said Lot 8: thence north 140 feet. more or I.as. along the w.st line of sold Lot 8 to the northwest comer of sold Lot 8 and the point of beginning of the line to be described: th.nce In a straight Itne in 0 southeasterly direction to Q point 10 feet west of the southeost comer of sold Lot 8 and there terminating; Together with that part of the adjoining South Half of the vacated olley which accrued thereto by reason of the vacation thereof. EXCEPTING THEREFRO~ all that part of Lot 8. Block 1, Town of Hastings. according to the recorded plat thereof, Dakota County, toIlnnesata, descr1bed os follows: Beginning at the Northwest comer of said Lot 8: thence Southeasterly to 0 point on the South line of said Lot 8, distant 10 feet West of the Southeast comer thereof; thence east along sold South line 0 distance of 0.80 feet to the intersection with 0 line drawn parallel with and distant 10 feet West of the centerline of the most Westerly spur track of the Chicago, Uilwoukee, St. Paul and Pacific RoJroad; thence Northwesterly along 0 curve to the left, ha'lfng 0 central angle of 21 d89rees 02 minutes 58 seconds and a radius of 400.28 feet, for a distance of 147.06 feet, more Of' less, to the intersection with a point on the North line of sold Lot 8. distant 14.38 feet East of the Northwest comer thereof, which sold point Is also dIstant 10 feet Westerly of the centerline of the most Westerly spur track; thence West along the North line of sold Lot 8 as distance of 14.38 f.et to the paint of bfllQlnning, Together with that part of the adjoining South HoIf of the vacated alley which accrued thereto by reason of the vacation thereof. AND That port of Lot 8, Block 1, Town of Hastings, according to the recorded plat thereof. Dakota County. Ulnnesota, described aa follows: Beginning at the Northwest comer of said Lot 8; thence Southeasterly to 0 point on the South line of said Lot 8, distant 10 feet West of the Southeast comer thereof: thence east along said South line 0 distance of 0.80 feet to the intersection with a line drawn parallel with and distant 10 feet West of the centerline of the most Westerly spur track of the Chicago. Unwoukee. Sl Paul and Pacific RaUroad; thence Northwesterly along a curve to the left, having Q central angle of 21 degrees 02 minutes 58 seconds and 0 radius of 400.28 feet, for a d1stance of 147.06 feet, mar. or less. to the intersection with a paint an the North lIne of sold Lot 8, distant 14.38 feet East of the Northwest comer thereof, which said point Is also distant 10 feet Westerly of the centerlIne of the most Westerly spur track; thence West along the North line a" said Lot 8 os distance of 14.38 feet to the point of beginning; Together with that port of the adjoining South Half of the yocated alley which accrued thereto by reason of the vocation thereof. ANO That port of Lots Seven (7) and 89ht (8), Block One (1), of the Town (now City) of Hastings. according to the plat thereof now on file ond of record In the office of the County Recorder In and for sold Dakota County, Ulnnesota, d8Slcrlbed as follows: Commencing at the Southwest camer of Block On. (1) of sold Town (now City) of Hastings; thence North 89 degrees 59 minutes 58 seconds East, b.arlng assumed, oIong the South line of sold Block One (1) a distance of 219.26 feet to the point of beginning of the land to be described; thence Northwesterly, along a nontangentld curve, concave to the Southwest, having 0 radius of 365.28 feet, a central angle at 20 degrees 35 minutes 16 seconds. a chord bearing of North 17 degrees 10 mitlutes 19 seconds West, 0 distance of 131.25 feet; thence North 0 degrees 01 minutes 51 seconds East a distance of 15.63 feet to the North line of sold Lot Seven (7); thence South 89 degrees 58 minutes 09 seconds East. along the North line of Lot Seven (7), a dl.tance of 16.94 feet to the Northwest comer of Lot Eight (8); thence Southeasterly to a point an the South line of sold Lot Eight (8), distant 10.00 feet West of the Southeast comer of sold Lot Eight (8): thence West. along the South line of sold Lot Eight (8) to the point of be9lnnlng. ANO That part of the North 3.00 feet of Lots FIve (5), Six (6) and Seven (7), Block. One (1) of the Town (now City) of Hastings, according to the plot thereof now on me and of record In the office of the County Recorder In and far sold Dakota County Ulnnesota. l)ling Westerly of the following described line: descnbed aa follows: Commencing at the Southwest comer of Block One (1) of said Town (now City) of Hastings: thenee North 89 degrees 59 minutes 58 seconds East., bearing aHUmed, along the South line of said Block One (1), a .distance of 219.26 feet to the point of beginning of the land to be described; thence Northwesterly. along 0 non-tangential curve. concave to the Southwest, having 0 radius of 365.28 f.et, a central angle of 20 degrees 35 minutes 16 seconds. 0 chord bearing of North 17 degrees 10 minutes 19 seconds West, a distance of 131.25 feet; thence North 0 degrees 01 minut.s 51 seconda East a dls:tanc. of 15.63 feet to the North line of said Lot Seven (7), and there terminating. ANO That port of the South 7.00 feet of the North 10.00 feet of Lots Five (5), Six (6) and Seven (7), Block One (1) of the Town (now City) of Hastings. according to the plot thereof now on tn. and of record in the office of the County Recorder in and for said Dakota County ~inneSlota. l)ing Westerly of the following described line: described os follows: Commencing at the Southwest comer of Block One (1) of sold Town (now Cay) of Hastings; thence North 89 degr.es 59 minutes 58 seconds Ealt, bearing assumed, along the South line of said Block One (1), a distance of 219.26 feet to the ~~n~t~ ~:g:~~d~f dh~~~dd b;:r~~ ~~sc:~~~; 17 ~:;~::~h~~~~, 1~~:c:,~:n~g:~':\a~c':'ofc~3~.25 f~t~e ~:w~~hh~-.i~~e:d:J;S ~rn~:e~2~1 f::~~~cEQ~~1 a~Y~tC:~e2~f df3.r;jsf;~ to the North line of said Lot Seven (7), and there terminating. ANO Lot Flve (5), except the North 1D.OD fe.t thereof, Lot Six (6), except the North 10.DD feet thereof, That part of Lot SeYOn (7), except the North 10.00 feet thereof, lying Westerly of the followln9 described line: Commencing at the Southwest com.. at Block One (1) of sold Town (now City) of Hastings: thence North 89 degrees 59 minutes 58 seconds East, bearing assumed. along the South IIn. of sold Block One (1). a distance of 219.26 feet to the point of beglnnln9 of the land to be descnbed; thence Northwesterly. along a non-tangential curve, concave to the Southwest, ha-.Mg 0 radius of 365.28 feet, a central angle of 20 de~nes 35 minutes 16 seconds, a chord bearing of North 17 degrees 10 minutes 19 seconds West, a distanc. of 131.25 feet; thence North 0 degrees 01 minutes 51 seconds East a dist<rlce of 15.63 feet to the North line of sold Lot Seven (7), and there termlnatln9: That port of Lot Eight (B), except the North 10.DO fe.t thereof. l)OI1g Westerly of the fallowing described line; Commencing at the Southwe.t comer of Block One (1) of sold Town (now City) of Hastings: thence North 89 degrees 59 minutes 58 seconds East. bearing assumed. along the South line of said Block One (1), a dlstanc. of 219.26 feet to the point of beginning of the land to be described; thence Northwesterly, along a non-tangential curve, concave to the Southwest. ha'lfng a radius of 365.28 feet, a central anole of 20 degr.es 35 minutes 16 s.cands, a chord bearing of North 17 degrees 10 minutes 19 seconds West, a distance at 131.25 feet; thence North 0 d09r.es 01 minutes 51 seconds East a distance of 15.63 feet to the North line of said Lot Seven (7), and th.... terminatlnCj: All of the above described property being in Block One (1) of the Town (now City) of Hastings, according to the plat thereof now on me and of record In the office of the County Recorder In and for .aid Dakota County ~Innesota. Has caused the some to be surveyed and platted aa RI~ONT ADDITION and doetl hereby donate and dedicate to the public for public use forever the thoroughfare and also dedicate the easements far drainage and utility purposes only as shown on the plot. in wltn.ss whereof sold Housing and Rede""'opment Authority in and for the City of Hastings, 0 public body corporate and politic under the lows of the State of Uinnesata, has caused these presents to be signed Its proper officers thIs _ day of 200_ Signed: Housing and Redevelopment Authority In and for the City of Hastings, a public body corporate and politic under the lows of the State of ~Innesota By OIolrrnan By Executive Director HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SPECIAL USE PERMIT TO ALLOW RESIDENTIAL USE OF THE FIRST FLOOR OF LOT 2, BLOCK 1, RIVERFRONT ADDITION, TOWN OF HASTINGS, DAKOTA COUNTY MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Shennan Associates has petitioned for a special use pennit to allow residential use of the first floor of Lot 2, Block 1, RNERFRONT ADDITION, a 28 unit four story building, generally located north of 2nd Street, between Tyler and Bailey Streets; and WHEREAS, on May 9, 2005, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the special use pennit for the following reasons, and subject to the following conditions: 1) The proposed building faces 15t Street. Residential use of the first floor is allowed by a Special Use Pennit. 2) The lack of existing commercial and limited visibility are hindrances to commercial development of the first floor adjacent to the river. Retail and commercial business do not presently exist north of the alley on the adjacent properties. The proposed building is presently adjacent to parking lots and vacant property on the west and east sides, respectively. 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SHORELAND SPECIAL USE PERMIT TO ALLOW IMPERVIOUS SURFACE COVERAGE EXCEEDING 75 PERCENT IN THE DC - DOWNTOWN CORE ZONING DISTRICT FOR RIVERFRONT ADDITION NORTH OF 2ND STREET BETWEEN TYLER AND BAILEY STREETS, DAKOTA COUNTY MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Shennan Associates has petitioned for a Shoreland special use pennit to allow impervious surface coverage exceeding 75 percent in the DC - Downtown Core Zoning District for RIVERFRONT ADDITION a three lot residential and commercial subdivision, generally located north of 2nd Street, between Tyler and Bailey Streets; and WHEREAS, on May 9, 2005, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the special use pennit for the following reasons, and subject to the following conditions: 1) Maintaining site density is critical to preserving a viable downtown. The proposed building is zoned DC - Downtown Core, and located within downtown Hastings. 2) Stormwater Treatment will be enhanced. The site will utilize an underground stormwater treatment system to prior to discharge to the Mississippi River. The current site does not provide any pre-treatment prior to discharge. 3) The site will utilize impervious pavers in the parking area to help foster stormwater treatment. 4) The City's consultant engineer has reviewed the project for conformance to the Stormwater Management Ordinance and Hastings Watershed Management Plan as a part ofthe Grading, Drainage, and Erosion Control plan review. The applicant must resolve outstanding conditions of the review as a condition of approval. 5) Approval is subject to a two year Sunset Clause; if significant progress is not made towards construction of the proposal within two years of City Council approval, the approval is null and void Council member vote adopted by Ayes: _ Nays: _ Absent: moved a second to this resolution and upon being put to a present. ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE APPROVAL TO CONSTRUCT A 28 UNIT FOUR STORY RESIDENTIAL BUILDING ON LOT 2, BLOCK 1, RIVERFRONT ADDITION, LOCATED NORTH OF 2ND STREET, BETWEEN TYLER AND BAILEY STREETS, DAKOTA COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Sherman Associates has petitioned for Site Plan Approval to construct a 28 unit, four story residential building located on Lot 2, Block 1, RIVERFRONT ADDITION, generally located north of 2nd Street, between Tyler and Bailey Streets; and WHEREAS, on May 9,2005, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented to the City Council subject to the following conditions: 1) Approval of the Preliminary and Final Plat of Riverfront Addition. 2) Approval of the Special Use Permit to allow residential use of the first floor in the DC - Downtown Core Zoning District. 3) Approval ofthe Special Use Pennit to allow for impervious surface coverage exceeding 75 percent per Chapter 16, Shoreland Management Ordinance. 4) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 5) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review ofthe development. The owner assumes all risks associated with the grading and utility placement prior to fonnal approvals. 6) All waste refuse facilities shall be contained in a fully enclosed building. . Dumpsters outside of buildings shall be prohibited. 7) All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. 8) Illumination levels are limited to 0.5 foot candles at the property line as required in the Zoning Code. 9) All lighting shall be downcast and incorporate cut-off shielding to direct light onto parking areas, and away from adjacent properties 10) A drive aisle access must be constructed parallel to the CP railroad tracks to provide access between 2nd Street and Lot 2 as part of Phase 1. 11) All drive aisle widths must be increased to 24 feet in width. 12) Additional surface parking must be added in Phase I to accommodate guest parking. 13) Plans for the Esplanade need to be further developed. Design specifications including esplanade location, elevation, and width must be established prior to Site Plan approval. 14) Construction ofthe bicycle trail at the eastern edge of the property must occur in Phase I. The path will provide a trail link between the river front and Bailey Street. The trail would be further extended south upon Bailey Street reconstruction to further link with the trail system. 15) Blasting will not be allowed for rock excavation, the specific rock removal method must be identified. 16) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 17) Submission of an electronic copy of all plan sets (TIP, PDF, or similar fonnat) prior to recording ofthe Final Plat mylars. 18) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 19) Staff shall continue to work with the Minnesota DNR to mitigate Mississippi Critical Area concerns. 20) Examine the potential use of retail on certain portions ofthe building by eliminating storage units and reconfiguring parking spaces. Council member vote adopted by moved a second to this resolution and upon being put to a present. Ayes: _ Nays: _ Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 c -~ "CO -c.... <(c ....~ s:: 0 00 '- I 't:~ CD >JI&:: -- CJ ~o - OJ (.L1 ~_z.~ i <D :::: ....J >- 2 ro U5 ~ "'C ~ C .!; f/) {5 Q) :2 -g ~ 0> ~ &. ~ Q) ...J ',:>,:,:,:0 Q) - ro o Co ro ~ II II ,2; . ~ '. ( ., "C~~ ~ ~~ c: ~ ~ <~33~LI.:;:~6;[~~~&:i&~~ f- a> CD II ! o. ~ 000...0..10000..08 I ., ~'~r -..--- - mIlS IIJAO:) jr --- --...---- . h 0 !il; II ! -:)H1UXJ.nr.nn' .................... . 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I I I I I l------ L__ '....." , , ,.' f-- t.......~ ". f-- :;1P,::..::1 ~:\p.':;1 --=-= ="__---~~.5'~~~~-~~~;"~~~~;-"~- i\ Ii LAND USE APPLICATION iil !-\r>I'{ 042004 Iii i CITY OF HASTINGS - PLANNING DEPARTMENT I i 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fa~65~~~3~:7~~~.__J Address of Property: S~.?cOo4..L ~.(-v.~~f- ~.....1. Ty tc...... . ~v'~~+ Legal Description of Property: ~<!!:-~ ~...e.-~ IMC""+ i.' All: 6 ",..J.-- G.... 7: '" e.eV'~ lA" :Z:;o.tC-, ~;k-p.~-~~ "'". ~D<>IJ< s.v~ it:-- '2-C:::>'O ' Phone blZ,- ?S~- ,!?oB. 0 Fax ~'6 -tC':C( EMail M ...,,'" ~ ~ q ((~D..c+ -:". L. c.- Applicant: Name Address Owner: (If different from Applicant): Name ~l.,~........"" A-5>SI>? ~;;t ~~1e"'4~~ Address 2-3>3> f",., LAve.... I.J~ $v:-b- 'Z.D 1 Phone 612- - ~ '2E.2- - ?,oco Fax ~(2. - 3':!>2 - ~I I q EMail L..o~eV\ b@..J~ 2..s~~1I'WCUl...~1A-1 Check applicable box(es): Note: All fees and escrow amounts due at time of application. Applicant Name and Title - Please Print (..4 ",L e- p~ A..I'J: tc..c.../- ^L(' ..f- I , rT . e;,... s..\A.7 . .... e-e-~ ''/' .:r= K-c.. Official Use Only - File # 1JfJC;- J.5 Rec'd By: ~ Fee Paid qj)..;'f0() Receipt # . ~:r Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: $600 Administrative Lot Split $50 $500 Camp Plan Amendment $500 $500 House Move $500 $500 Lot Line Adjustment $50 $250 Vacate ROW/Easement $400 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) -10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Date Date 3-3>( -0 Owner Name - Please Print Date Rec'd App. Complete Ot//c1/os 04/23/03 VIII-B-4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 16, 2005 Subject: Resolution - Variance #2005-33 side yard setback to construct an addition to a non-conforming structure - 900 Pine Street - Allen Trapp REQUEST Allen Trapp seeks the following variances in order to construct a 30' x 22' addition onto the west side (back) of his existing home at 900 Pine Street: 1) 22' variance to the 10' corner side yard setback requirement to enlarge a non- conforming structure (house). 2) Intensification of a non-conforming structure (addition to existing home). The existing home encroaches approximately 12 feet into the 9th Street right-of-way. RECOMMENDATION The Planning Commission unanimously recommended approval of the request at the May 9, 2005 meeting with limited discussion. No one from the public spoke for or against the request. ATTACHMENTS . Location Map . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-2 - Medium Density Residential. Single and Two Family homes are a permitted uses in the R-2 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Zonin North Home R-2 - Med Dens. Res. East Home R-2 - Med Dens. Res. South Sin Home R-2 - Med Dens. Res. West Com Plan o - Office U-1 - Urban Res. U-1 - Urban Res. Park and Rec Gara e R-1 - Low Dens. Res. U-1 - Urban Res. History The original home was constructed within the 9th Street right of way. 9th Street was platted in 1856. The home was constructed in 1900. A major addition was added to the south (outside the right-of-way) in 1984. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for structures in the R-2 District are: Area Front Side Corner Side Rear Setback 20' 7' 10' 20' Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. Variance - 900 Pine Street City Council Memo - May 16, 2005 Page 3 C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO CHAPTER 10.26 OF THE HASTINGS CITY CODE - R-2 LOT REGULATIONS FOR ALLEN TRAPP TO CONSTRUCT AN ADDITION TO HIS HOME AT 900 PINE STREET, HASTINGS, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, the Allen Trapp has initiated consideration of the following variances from Hastings City Code Chapter 10.26, R-2 Lot Regulations: 1) 22' variance to the 10' corner side yard setback requirement to enlarge a non- conforming structure (house). 2) Intensification of a non-conforming structure (addition to existing home). The subject property is located at 900 Pine Street, legally described as Lots 1 and 2, Block 15, ALLlSONS WM ADDITION, Dakota County, Minnesota; and WHEREAS, on May 9th, 2005, The Planning Commission serving as the Board of Adjustment and Appeals recommended approval of the variance subject to the findings of fact presented in this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOllOWS: That the City Council concurs with the opinion of the Planning Commission and approves the variances as requested citing the following findings of fact: 1) The existing home was constructed in 1900 before the establishment of zoning setbacks and building permit approval. 2) The proposed addition to the home meets existing zoning setback requirements and does not encroach any further into the deficient setback. 3) The City does not wish to vacate all or a portion of 9th Street citing potential future need for access. Construction of the home prior to zoning setbacks and building permit approval and the inability to vacate portions of 9th Street to meet minimum setback requirements present a unique hardship, not created by the property owner, and grounds for granting a variance. Council member moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on May 16, 2005 Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16tn day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th 81. East Hastings, MN 55033 ~ ....,~ c U) U L.() Q) ca oz 0 "'C en ~ c..:s.c"'" C) en 0 ro c..C"....,tJ) c: c: en Q) C\I () ca Q) Q) Q) Q) :a "C (,) 0 CO ~ L.() .....J ~ a:: tJ) c: C) '5 0 CO I:D a::: a.. ~ Q) I- "C .- Q) CO :t:: c:Q)~D.. -I ~ en Q)UcaC . ". 0 ~~~:> II, _c:>C Q) ~ <( .! Q) en '<....... ..... r;. ctS . :!: ~"C I- t::) ,~ ~(i) a. 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C: 1...............................................................................................................,....... ......u............................................................................nn...........................-....-.... ... .... ........;.:.............................. ....... ...... -........ "'-.....n. _u..... "::::~~~~ .1.::': fi" i: -.. .. :;t r 1 t 4{1 '" ~ ~ '\ \) \" RECf:/V '- fo . M['! r) LAND US.E APPLICATION - CITY OF HASTINGS PLANNING DEPT 42005 1014th St E, Hastings, MN 55033 ~ Phone: 651.480.2350 ~ Fax: 651.437.7082 tfJoO";- 36 \ Address of Property: 1)0 ('5 p./ ~ 5- ..s7/?~:. t Legal Description of Property: L tI Y - -< ."! ( cSI 1 '>- /.71. l. I $OA( J U; h1 ~D i{t,;-; ~O"I\o~'" "1/ KJD~CJ y~. /~~iTNep J??;ft" \ I Applicant Name: . ,4/1._~ Property Owner: ~ ~ Address: 0N-l-~7. Address:7t10 _N,:=-__ /-1 A5:7"/,A/~~~.v /~~~ I ???N. . '~"'-/- ~:J7 368e Phone: 65"/-4137 ~3688 Fax: Email: Phone: Fax: Email: Description of Request: '01'1 ~ /_,..-c -"- {" h (J,,--6 /' "~u-,,~z:) If requesting site plan review of multi-family units (three or more attache are the units intended to be for sale or rental units? /:VI...J/.. Check Applicable Line(s) Rezone Final Plat ~ Variance Vacation House Move Prelim Plat Site Plan Please Note! All Fees and Escrows are due at time of application. Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Annexation $500 plus legal expenses EA W $500 plus $1,000 escrow $500 $600 ~ $250 V $400 $500 $500 + escrow $500 + escrow Please see reverse side for escrow amounts required. Total Amount Due: $ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for information. k-~ Applicant Signa e . P//u,A/ IS ~ Applicant Name and ~~: ?lIease Print OFFIOAL Q.SE O~LY File # ~~ <)-~5. Rec' d By: Fee Paid: IriA l (/\ Receipt # , f'h/t)~- Dat tk ~ #~~ Owner Signature IDe -- ./""9 / I ~, rl ~ / ~ /.) /.? r:J Own N PI P. " er ame - ease rmt 03/28/05 Date Rec'd: S~f App. Complete' .' ... VIII-B-5 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: May 16, 2005 Subject: Resolution - Marcus Zeien - Special Use Permit #2005-30 - Operation of an Auto Repair Facility in the C-3, Community Regional Commerce District - 2127 Vermillion Street. REQUEST Marcus Zeien seeks approval of a special use permit to operate an Auto Repair Facility in the Magic Touch Car Wash Building located at 1501 Vermillion Street in the space formerly occupied by Tech 1 Automotive. The applicant proposes to use a portion of the existing site and building for operation of the new business. RECOMMENDATION The Planning Commission recommended approval (7-0) of the Special Use Permit at their May gth Meeting. No one spoke during the public hearing. Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as C - Commercial. Zoning Classification The subject property is zoned C-3, Community Regional Commerce. Automobile Service Stations are identified as a special use in the C-3 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South West ExistinQ Use Masonic Lodge Vacant Land Gahnz Furniture Vermillion Street Tai Chi Restaurant ZoninQ C-3 - Comm Reg Comm 1-1 - Ind. Park C-3 - Comm Reg Comm Comp Plan C-Commercial I - Industrial C-Commercial C-3 - Comm Reg Comm C-Commercial Existing Condition The existing building was constructed as a car wash in 1964. In 1997, a portion of the wash was converted to an auto repair facility and occupied by Tech 1 Automotive until mid 2003. Proposed Condition The applicant is not proposing any structural changes to the building or site. Any changes would require Site Plan approval. SPECIAL USE PERMIT REVIEW Special Use Permit Provisions The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. Operations The applicant proposes to operate the site as an auto repair facility. Access and Circulation Vehicular access is provided along Vermillion Street. The Vermillion Street access is limited by an existing median to right in\right out access only. Parking Three parking stalls plus adequate parking for gas pump areas are required as follows: Mr. Zeien has indicated that there will only be two employees, including himself for the business. He also stated that there is room for four vehicles to be parked within the building, which covers the spaces required per the service stalls. The following conditions must be met: 1) No inoperable vehicles may be stored outside the building. 2) Eleven parking spaces must be striped on the site to meet the parking requirements. The applicant should work with the property owner to determine where the 11 spaces will be located. A plan indicating their location must be submitted to the Planning Director for approval prior to the business opening. Parking is only allowed on hard surfaced areas - it may not be located in the grassy fenced area behind the building Trash and Recycling Enclosure The existing site does not appear to contain a trash and recycling enclosure. If garbage is not stored within the building, the following is needed: 1) A trash and recycling enclosure must be constructed. The enclosure must be enclosed on all four sides, and be constructed with materials to match the primary building. Due to the nature of the business, a hazardous waste generators license must be obtained from Dakota County. Signage Two non-conforming pylon signs (exceeding 6 feet in height) presently exist. A new freestanding sign would not be permitted on the site. Building signage may be added after a permit is obtained from the Planning Department. ATTACHMENTS . Location Map . Site Plan . Application HASTINGS CITY COUNCIL. RESOLUTION NO. 05-_-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SPECIAL USE PERMIT TO OPERATE AN AUTOMOBILE SERVICE STATION IN A C-3, COMMUNITY REGIONAL COMMERCE ZONING DISTRICT AT 1501 VERMILLION STREET, HASTINGS, MINNESOTA Council member introduced the following Resolution and moved its adoption: WHEREAS, Marcus Zeien has petitioned for special use permit approval to operate an auto repair service in a C-3, Community Regional Commerce Zoning District on land owned by Montgomery S. Knoll of Magic Touch Car Wash located at 2127 Vermillion Street legally described as Lots 3 and 4, Block 1, TOWN OF VERMILLION, Dakota County, Minnesota; and WHEREAS, on May g, 2005, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the special use permit for operation of a service station subject to the following conditions: 1) Parking stalls must be delineated and striped to meet minimum requirements. Based on a 2200 square foot building, 11 spaces are required. A plan for the location of the spaces must be submitted and approved by the Planning Director prior to opening for business. 2) A trash and recycling enclosure must be constructed if trash will not be handled within the building. The enclosure must be enclosed on all four sides, and be constructed with materials to match the primary building 3) That a hazardous waste generators license be obtained from Dakota County. 4) That the City of Hastings Building Department be contacted for a safety inspection on site. 5) Parking may not occur within the grassy fenced area at the rear of the property. Parking is only permitted on hard surfaced areas. 6) Vehicles not in operable condition may not be stored outside. 7) Approval is subject to an annual review of conformance to the provisions of the special use permit. 8) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HERESY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 #A C ." 0 ;~== e(ii ~ .~ e~ N...:Jeu IJJOm>Z :::J.......r--CI) ~ Q. ei N as:::J Q. "C'""' :iU)euN 0:::1; ,..,.,..>""""'"''.''''''' 1 f''''/ ! , ::::::::::::4 ~ j ......u..'..,.."..-+~ :'., '" .,. : . t ; ."! ..... ~ , , j i i ! ~ ) , , 1 , i i j ~""'i .,\~" ....~_..,.. A,,....,.__....,_..~.... '. >,<::\.. A~~~~A>" '. "0 .....:\'\ \.~:~\ :... -'\ \\, 1\ \ 1! :}'i + ~ rt , , . . II \\ \\ "\. ~~.. ~..~,,~:..,.. ....... eu cv "0 (f) (f) 01 (f) Q.) t: c: is "=' I.) (J.) ro .... :::I 0 ro 0) CD ~ Cl. (J.) -.J . ~'.~ 0 ...... ,,~4~ ~. .: .""....... r'j ...! I ~J 1-1." ..,. I- U) <c- ~1\ ILl ~z+~ I.() E::. ~ <a :a: <D 1U c Q. <<J :E ~ ~ I . jIf 1:: 1$ c o :;::; <:.:1 U .3 <!) ....... U5 LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 101 4th St E, Hastings, lvll"\J 55033 - Phone: 651.480.2350 ~ Fax: 651.437.7082 Address of Property: ~I J.. 7 . v'tyf'rl \ 'llloY"l Sf. (V) 11-0\ t. TOuq~ c.t1i-LA.)A.~ H- Legal Description of Property: laO'lt?-2 ,'1vr"hO\i\ ot ~, lot ;mf(()VelY1tV\.~ I D~Q ()v\ '1h Lots +-tv'~<- d Fo~ of block. "VlQ V'LV #l.dIIDV\ tJ.dZ:..eihD(I Applicant Name: (I1MWS Z,~ Propertyowner:~~ /AiC- Address: -;70;:;..'-1 (IV1~. <.+ Address: ;(/,z, i .J/tJJ'h't IlldPC- -> 1- /1a8l7Y\~.J vV/tJ 53"bJ.J Phone: lPS7-l./38-'INI fI;$J-JO'l-b1Jl5 Phone: 6/:5 ~'31? It{ r:.~.z.. Fax: Fax: Email: ;112 ilt.;'1 (}-oil-If" (i)C!PWlc:as;l. i'\~f Emili: Description of ReHuest: USL~!.... bGL1( dG.~ 11Y1~ (1.$ a....Vl cdiJj t'L..)~r'Ylt:ir~ $Lop ,J.;;fL ~ ~ pIN ff)~ If requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? Check Applicable Line(s) Rezone $500 Final Plat $600 Variance $250 Vacation $400 House :tvIove $500 Prelim Plat $500 + escrow Site Plan $500 + escrow Please Note! All Fees and Escrows are due at time of application. NIinor Subdivision $500 .jj Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Annexation $500 plus legal expenses EA W $500 plus $1,000 escrow Please see reverse side for escrow amounts required. t\''". Total Amount Due: $ DJoO .~::- Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for infonnation. .1 / '~/3 ~OS- Applicant Signatu# (M'V{(1vs> A ZQ:ih Applicant Name and Title - Please Print OFFICIAL ~~E Ol)il:X ~ File# . t.tW:'~)'f-" Ree'~By: . r .~ Fee Pro.d: . '~./)i.! ., .. j, J ReceIpt # ~ l \I) t' Date r7 . L c.--.-7 /.-., . i>J - 'r~x . ,..:' . ;,~o?~-,;fk~/JYV"$h. I Ale. Owner Slgnature Date 4I-IS-O!J /t;y & I/w' .z. :::,i 1111 C- Owner Name - Please Print L...\-\" t ..( Date Ree'd: \ lv,' 1; ':') App. Complete 03/2f3/05 2 .. .""-.. v~ _ .~/!~.....,...... ,..~ .1. ~ ;~I~K' :. . ~.'. , '" d .;~' <t ,. Iv. ~ , " .~ -...:.:. J'j' ~ t::.1 ~ I [ I kADLl .. \.AJ k ,.; ;lt~-l V.t..tr/1'li,;)y\ S.:.- ;::U1(!...~(} ! , "'->0. ~"- /iL-{... ~ /-1'lL ~hC'''_'~.'-~_'''''-''''~~'''''~~~~:::;;'~-:::::7'''''''''''''~~ "'-.. -".""",=-.. ... 'P it fL. ! I , 1 . :t l,001 I r" V "j"'~ :- t t ~".,\,., .1:' .~ '7 t,;;;:.- ~~-r . ~ .~...,.. ~ 1n"".~ d<jV.~:\ ~'-(QtNL c'f. . [..; \ . \ \ \ \ , ",,'- "\. " 'Q / ". -, " .. " -~ \ j ,. "-" , ~ j" r, ! S ~ ----=:YW ~ 11 h ~ " J ._--~. ,.) fl I ' - . v TO Yv'OT \v-e., ,- );. J "L' ~",---,-L 0 i .....;-. 1.,I"'i__'jh, !(\:, f ~,,~'..- ...---~~... -:, ~ ou \ j ~- 1 1 .. ,. , i ".-- ~'1- ~(v:J!-' o I ~ 1 l I ~ , ~ ,:-'I:"~ ,If i ~~,: ~ 1 ; I j I 1. I' ; J !- ~ I' ""' b2'" t-~ '_ ('. ,j L'-. \..,- ,~I...:"> - ".' " "'-<-.r' 1.....*\...:~^~ ,.."~ '"\' VIt.L0 ,~ " Lrr ~+ovV''i, v<t.. Shor \}) \{ ~ 1 ,..,,,"] 0-..\ ~.." !z.. '^' Dl L ;"1 #li.~_~~__ tl~. ) i>" ... t'" ~ w ~ ,J - : ".",. c" ,- , <.-.-i ,"';- ,0 Y"J S~- v.:..1l"rS W. i Ii) Ai t 'I' ..:{ - --,'~p t :"" --- TDVc...H l.je:.. ~24 MAPLE STREET ~STING5 MN 55.033 31 438 4011 APR :t 5 Z005 j ---- "--~=:::=:::'=--.-, ROPOSED AUTO SHOP o N ARK ZEIEN UTO REPAIR SHOP 127 VERMILUON STREET FENCE ON 3 SIDE LOT PARI<. 117.0 TOTAL 23000 SQ FT TAR 25' I... ..I 750 SQ FT I ~ PARK o 0) 0) 20' ~If!- .~~.~ PARKING BEHIND LINE '\ '------- i Q, o z NO PARKING NO PARKING ~ 'U NO PAAK1NG ~ * i 6ef PROPERTY Q) NO PARKING 0 axe ROOF ax 12 3' PROPERY UNE rl 26' ~ %. {, :>- '1'( "'0 . A;. 1ASONS LODGE <.0 Q) ~ <.0 ~ <( Q, I ~ I I~ G) )> I Z N "'TJ C :;0 Z ........ -1 c :::0 m MAGIC TOUCH CAR W ASH~ I I t i '--" - 1 ~I 92' I'" BLACKTOP 1 1 9' VIII-B-6 Variance - 1003/05 Sibley Street Planning Commission Memo - May 9. 2005 Page 1 Memo To: Planning Commission From: Kris Jenson, Associate Planner Date: May 9, 2005 Subject: Glenn Olson - Minor SubdivisionNariance #2005-29 to split a lot and vary from the minimum lot size requirement to construct a twinhome at 1003 Sibley St. REQUEST Glenn Olson seeks a minor subdivision and variance for a twinhome to be constructed at 1003 Sibley Street. The variance is required because the lot is proposed to not be split equally. RECOMMENDATION Staff is recommending approval of the variance. The proposed location.of the twinhome on the lot has been shifted northward to minimize the potential impacts on several mature oak trees on the lot. While the building could technically be placed in such a location as to not need a variance, there is a strong likelihood that doing so would have serious impacts on the survival of these trees. BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-2 Medium Density Residential. Twinhomes are a permitted use in the R-2 District. Variance - 1003/05 Sibley Street Planning Commission Memo - May 9, 2005 Page 2 North Sinale-Familv Home R-2 - Med Dens. Res. U-1 - Urban Res. East Duplex R-2 - Low Dens. Res. U-1 - Urban Res. South Sinale-F amily R-2 - Low Dens. Res. U-1 - Urban Res. West Sibley Street Walareens C-3 - Commercial C - Commercial Existing Condition The existing lot was split off from the lot to the north in late 2002 and is currently vacant. The proposed site slopes up sharply at the rear and south sides of the lot. The Public Works Director has commented that gutters may be required on the building to ensure that runoff does not negatively impact the neighboring property. BDM Consultants is reviewing the proposed grading on the site as a part of the building permit review process. MINOR SUBDIVISION REVIEW Minimum Setback Requirements Minimum setback requirements for structures in the R-2 District are: Area Setback Front 20' Side 7' Rear 20' Lot Size The existing lot is 9,799 square feet, which exceeds the minimum 9,700 square feet needed for a twinhome in the R-2 District. While the Zoning Ordinance doesn't address it specifically, City policy has been to require a minimum of 4,850 (half of g, 700) square feet per lot when a lot is split for a twinhome in the R-2 District. Because of wanting to preserve the mature oak trees, the home is proposed to be situated on the lot in such a way that the northern proposed lot would not meet that minimum. Parcel B (north parcel) would be 4,554 square feet and Parcel C (south parcel) would be 5,231 square feet. Parcel B would be about 300 square feet short of the minimum. Park Dedication/Sewer Interceptor Fees Park Dedication and Sewer Interceptor Fees were paid at the time this property was split from the lot to the north. Payment was based on a twinhome being placed on this site. VARIANCE REVIEW Review Criteria Variance - 1003/05 Sibley Street Planning Commission Memo - May 9, 2005 Page 3 The following criteria have been used as findings of fact in granting variances to zoning provisions: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. Ms. Siebenaler of 1007 Sibley St stopped in for more information on the proposal but didn't have any negative comments about the project. RECOMMENDED ACTION A motion to recommend approval of the minor subdivision and variance for 1003/1005 Sibley Street to subdivide the lot and to allow Parcel B to be under the minimum lot size as shown on the boundary survey dated 4/5/05, with the following conditions: 1) Construction of the building must conform to the minor subdivision as approved. 2) A front yard tree must be planted on each lot prior to issuance of certificate of occupancy. ATTACHMENTS . Location Map . Site Plan . Application HASTINGS CITY COUNCIL RESOLUTION NO. 05-_-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A MINOR SUBDMSION AND VARIANCE FOR 1003 AND 1005 SIBLEY STREET, HASTINGS, MINNESOTA Council member adoption: introduced the following Resolution and moved its WHEREAS, the Hastings City Council has initiated consideration of a minor subdivision and variance ofthe following legally described property: Lots 13 and 14 except the North 59 feet of Lot 14, Block 7, HENRY G BAILEY'S ADDITION, Dakota County, Minnesota Containing 9,785 square feet, more or less. WHEREAS, on May 9,2005, a Public Hearing on this proposed minor subdivision and variance was held before the Planning Commission of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That a minor subdivision is approved according to the regulations of Chapter 11 Section 11.10. Said minor subdivision shall create the following two legally described parcels: Parcel B Lots 13 and 14, Block 7, HY. G. BAILLY'S ADDITION, on file and of record in the office of the County Recorder, Dakota County, Minnesota, except the South 39.67 feet of said Lot 13, and subject to a 5 foot drainage and utility easement adjacent to the north line ofthe above described property. Containing 4,554 square feet, more or less. Subject to easements of record, if any. Parcel C The South 39.67 feet of Lot 13, Block 7, HY. G. BAILLY'S ADDITION, on file and of record in the office of the County Recorder, Dakota County, Minnesota. Containing 5,231 square feet, more or less. Subject to easements of record, ifany. That a variance to Chapter 10, Section 10.26 District Lot Regulations, to permit a twinhome unit on a lot of less than 4,850 square feet is approved, based on the following criteria: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. C. That the special conditions and circumstances do not result from actions of the applicant. And with the following conditions: 1) Construction of the building must conform to the minor subdivision as approved. 2) A front yard tree must be planted on each lot prior to issuance of certificate of occupancy. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Councilmember moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on May 16th, 2005 by the following vote: Ayes: Nays: Absent: A TrEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk(City Seal) (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of May, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 i~5'-d.q LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 101 4th St E, Hastings, MN 55033- Phone: 651.480.2350 - Fax: 651.437.7082 Address of Property: ! 003 .f IO()5 LX?al Description of Property: L-f' f L s Wd.;hd JJ Applicant Name: G ( eM J'\ C)1.0N Address: I '2.. ! 50 r fI' di~iJ r. \'WA Tr. 5i.hfR..y STr.. . B}o 4-/L 7 ff-v G. ~,~ .E.Cj,'! (Y5 Property Owner: Address: Phone: l~,~' f - l{s '7 -- 15 7'1 r.r Fax: ~5.i - 437 - 'b? I"? Email: rj.t.vu. ()ko.N @ +'\ I eCc. .012.. c,. e..e.lI ~l- sP12. (c,-lO'2-. Description of Request: i o'/" ~ ? 0 -e~'5 0( (.e Citr1,I/\ 't t-Jt:'IJ , ~, ~r.' <: V' C.'? t;>~ I b -\- '5; 2.P Phone: Fax: Email: F:- 01 If requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? Check Applicable Line(s) Rezone $500 Final Plat $600 >C Variance $250 Vacation $400 House Move $500 Prelim Plat $500 + escrow Site Plan 5500 + escrow Please Note! AIl,Fees and Escrows are due at time of application. L lvIinor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Annexation $500 plus legal expenses EAW $500 plus $1,000 escrow Please see reverse side for escrow amounts required. Total Amount Due: $ '2 5f) ~ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for information. . ~ O~{A A~cant Signature G(~ VV) l.-{ /' /1 ~C6 Date '-~ O~XV'- 9- (ft- CD Date Ow'ner Signature o ISo rJ Applicant Name and Title - Please Print OFFIGAL USE ONLY -<i'i' File 1'# ~.o5' ~~ ( ,/\ Rec'd By: <- )1-J10Z,!J1V1 Fee Paid: '~O(). c~ Receipt # I C.;() J-; t'4~ Owner Name - Please Print f),' , J ,J 03/28/05 Date Rec'd: KGu- 'tlt<tIO~ App. Complete <., "0 (j) .a ::s J,IJ >0.0 eI) C ~Z.~ .!!.. u 0 .C: .cO c 0 en :;::; - C CD - "0 (I) a (/) - - 0 01 (I) .9 :i .. c: c (I) i.ii to '" g -0 10 as (I) (II ~ ::' (]) r: ;:, ~ (II ~ 0 > 0) <<J ...., "0 m CL. en 0 c (I) :E 0p- el) " eI) ..J . . i en f: - . ...~ 0 CD ....... ~. 0 C) "~. 16 ("I') .... ca ~, . 0 Q. <" a .'!! ............ <t- o 0 Q. .a op- .. G 0- :E :t?~:.;:~:~~~~~~r:~;'~'~:.;:.~.'~~~:;:;:':~J;J~;'~;=~.~~~ "Lr-~::~- :-~~','"~~1 ~ ... n! / !! ../,1 j t Ii; I I //' / l \1! I I') II" J \,/ H ~ 1. f t1 iLl I..,', .1 \ 11 ~ .~.. d~ . j, . 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C ." 0 r .., C ;0 J: C ;c: :f"=ti $ ;0 " ." f!J ~ 0 0 ;c: 0 '" <II '" 0 n c '0 z <II ~ C <II 0 Z '" C <II <II '" -1 ;0 r '" !" !:I 0 ::I 6 CD ;d '" ;c: ~ '0 '" 0 0 ;z '" '" '" z ;z ~ ['1 0 ;-t s ~ '" <II i z ~ ~ -1 6 ['1 ;Z 33 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I VIII-C-l Memo To: Mayor Wemer and City Council From: John Grossman, HRA Director Date: May 12, 2005 Subject: Second Reading-Amend City Code Section 2.18: Heritage Preservation Commission Please see the Public Hearing Staff Report for further information. VIII-C-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator May 12, 2005 Resolution-Requesting Approval of the Individual Permit for the Public Dock in the City of Hastings and Directing Distribution to the Hastings State and Federal Legislative Delegation Seeking Their Support RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the attached Resolution Requesting Approval of the Individual Permit for the Public Dock in the City of Hastings A:i1d Directing the Distribution to the Hastings State and Federal Legislation Delegation Seeking Their Support. At its meeting on Monday March 7, 2005 the City Council received a brief report on the status of the public dock permit that had been submitted to the Army Corps of Engineers. At the City Council meeting on April 4th, 2005 the City Council adopted a Resolution Encouraging the Approval of the Permit Application. On April 25th, 2005 the City received the enclosed letter from the Army Corps of Engineers indicating that it will need to conduct an individual permit review for the public dock, rather than a general permit review. Please note in the later that: "preliminary coordination with other agencies and navigation interests indicated that a general permit is not appropriate for this dock because of the controversy and concerns regarding safety." The attached will be submitted to the Army Corps of Engineers by and through our consultant, the Polaris Group, to be certain all information is necessary to assure there is a full understanding of project by the ACOE. A public comment period will be taking place, allowing those to issues there comments on the proposed dock. This Resolution will be forwarded to the ACOE, as well as the City's State and Federal Legislative Delegation. DEPARTMENT OF THE ARMY st. Paul District Corps of Engineers 190 Fifth Street East St. Paul, Minnesota 55101-1683 APR 2 1 20U5 REPLY TO ATTENTION OF Operations Regulatory (MVP-2004-3779-JJY) Mr. David M. Osberg City Administrator City of Hastings 101 4th Street East Hastings, Minnesota 55033-1955 Dear Mr. Osberg: As you have discussed with Mr. Joseph Yanta of the Regulatory Branch, we will need to conduct an individual permit review for the public dock that the City of Hastings proposes to construct just upstream of the Highway 61 bridge, in the river bend. The proposed public dock is a structure within a navigable water (the Mississippi River) regulated by the Corps of Engineers under Section 10 of the Rivers and Harbors Act of 1899. Our review will include a public notice inviting comments. As part of our permit review, we must determine that the project is not contrary to the public interest and that it does not have an adverse effect on navigation. Docks such as this can often be authorized under a general permit (such as GP-01-MN that covers work also authorized by the Minnesota Department of Natural Resources), ifthere are no substantive objections to the project. However, preliminary coordination with other agencies and navigation interests indicated that a general permit is not appropriate for this dock because of the controversy and concerns regarding safety. Because our attempts to resolve the differences of opinion informally have been unsuccessful, we need to use the formal individual permit review process so that we make can make an informed permit decision. The proposed location is in a relatively narrow reach of the river that is difficult to maneuver because ofthe sharp bend and the Highway 61 bridge. It is close to downtown Hastings. Alternative locations closer to downtown do not appear to be feasible because the river is so narrow. City representatives have indicated that apparently safer locations farther away may be too distant from the downtown. Both Corps of Engineers staff and navigation industry representatives expressed concern that the dock and boaters using it may be endangered by barge traffic. In particular, the River Industry Action Committee (RIAC), an organization that represents the commercial navigation industry, expressed serious concerns about this location based on the experience of their members. ... ..". ?"~ 'l)!J Printed on (i) Recyded Paper - 2- Others have expressed different opinions. In fact, one local towboat pilot actually suggested the proposed location as a safe alternative, and several others endorsed it. Much of the evidence both for and against the proposal seems to be anecdotal. Although we are aware that the City of Hastings and many people consider this proposed project to be very important, we are concerned about the potential for collisions between barge tows and recreational boaters or other dock users. The Corps does not want to expose members of the general public to an unacceptable risk. Additional studies, modeling, or documentation that demonstrates that the dock would not be a safety problem would allow the Corps of Engineers to resolve this issue. We will continue to discuss this issue with your consultant, Dr. Joel Toso of the Polaris Group. We will attempt to complete our review and resolve these issues as quickly as possible. We will send copies of our notice to you and to others who have expressed an interest in this project. If you have further questions regarding this matter, please contact me at (651) 290-5376 or Mr. Joseph Yanta at (651) 290-5362. Sincerely, ~~ "f. U~~ Robert J. Whiting Chief, Regulatory Branch Copy furnished: Dr. Joel Toso The Polaris Group 8009 34th Avenue South, Suite 125 Bloomington, Minnesota 55425 RESOLUTION # RESOLUTION REQUESTING APPROVAL OF THE INDIVIDUAL PERMIT FOR THE PUBLIC DOCK IN THE CITY OF HASTINGS AND DIRECTING DISTRIBUTION TO THE HASTINGS STATE AND FEDERAL LEGISLATIVE DELEGATION SEEKING THEIR SUPPORT WHEREAS, The City of Hastings has submitted an application for a Department of Army pennit to construct a public dock in the Mississippi River; and WHEREAS, The application was submitted to the Army Corps of Engineers on March 19th, 2004; and WHEREAS, The City of Hastings recently received a letter dated April 21 st, 2005 from the Army Corps of Engineers stating that it will need to conduct an individual pennit review for the public dock project in Hastings and will not be able to authorize a general pennit, apparently due to the "preliminary coordination with other agencies and navigation interests indicated a general pennit is not appropriate for this dock because of the controversy and concerns regarding safety"; and WHEREAS, The same letter states that, "Because our attempts to resolve the differences of opinion infonnally have been unsuccessful, we need to use the fonnal individual pennit review process so that we can make an infonned pennit decision"; and WHEREAS, The individual pennit process will include a public notice period inviting comments, in an effort to detennine that the project is not contrary to the public interest and that it does not have an adverse effect on navigation; and WHEREAS; The City of Hastings has utilized the services of a professional engineering finn to assist with the design and location of the public dock to be certain that it is not contrary to the public interest and does not have an adverse effect on navigation; including the consideration of a variety of locations of the public dock; and WHEREAS; The current proposed location of the public dock is located at the bend of the Mississippi River which provides considerably improved visibility, especially for those boats traveling up-river. WHEREAS, The dock provides a place for recreational boat traffic to congregate while waiting to lock, getting them off the river, out of the way of commercial traffic; and WHEREAS; The location of the public dock in the Mississippi River in the City of Hastings would be a significant economic and tourist benefit to the entire City, and in particular Historic Downtown, which is on the verge of major redevelopment improvement projects; and WHEREAS; In an effort to improve public safety for the commercial navigation industry, the City of Hastings would agree to cease operations of the public dock during periods of high north/northeastern winds and periods of high water; and NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF HASTINGS; that the Army Corps of Engineers is hereby asked to approve the individual pennit for the public dock in the City of Hastings; and BE IT FURTHER RESOLVED, that the City Staff is hereby directed to forward this Resolution the Hastings State and Federal Legislative Delegation to seek their support for this individual pennit for the public dock in the City of Hasting. 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I I I I P.oI ::>. ~I -+- Ii! o ... ~ ~ .8 i ,~~ z 0 , ~ t iii! w , I/) en is en 51 en 0 a:: u !i Ii! .0 ~ ~ . . VIII-C-3 Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6175 Fax 651-437-5396 www.ci.hastings.mn.us Date: 5/10/05 To: Honorable Mayor and City Council From: Barry Bernstein, Parks and Recreation Director Subject: Vandalism at Skate Park Backeround: For the past several years, the skate park has been experiencing issues with vandalism. These incidents include graffiti on skate ramps and illegal entry by cutting the perimeter fencing when the skate park is not open. The cutting of the perimeter fencing is the most serious issue. I have enclosed pictures to illustrate the situation at hand. As the fencing is vandalized, our maintenance staff will attempt to repair this fence as best as possible. Unfortunately, the latest cases of vandalism, the vandals removed the bottom rail and now we have nothing to secure the fencing fabric to. I am seeking a price to repair this section of fence. Since this is an obvious hazard, I am concerned the city is exposing itself to potential litigation. Staff has hung signs around the skate park informing participants and vandals alike that if the vandalism continues, the Parks and Recreation Department may remove the tier 2 equipment. In addition, I met with the Hastings Star Gazette to discuss this issue. I brought this issue forward at a Parks and Recreation Committee of Council meeting on Monday, May 2nd. The committee supported the decision that if the vandalism situation does not cease, we will have lit~le recourse .but to remove the tier 2 equipment. I enclosed an email I sent to the Parks and Recreation Committee and NRRC members. Bruce Chamberlain and I have been meeting to discuss possible alternative locations for a skate park. It is anticipated to bring possible relocation sites to a neighborhood meeting on June 14. More information about this possible meeting date will follow. Action: 1. Support the Parks and Recreation Committees decision to remove the tier 2 equipment if the vandalism does not cease. 2. Not to accept this recommendation 3. Send back to committee for further discussion REF: City Council/memo skate park removal tier 2 equipment Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6175 Fax 651-437-5396 www.ci.hastings.mn.us Date: 5/3/05 To: Honorable NRRC Members From: Barry Bernstein, Parks and Recreation Director Subject: Skate Park BACKGROUND As I mentioned to all of you via email, the skate park is experiencing a lot of vandalism already this season. I have enclosed the email that I sent to all of you to refresh your memory. The illegal entry and vandalism have frustrated staff and placing a tremendous burden on resources. Rather then going to the extreme of pulling the tier 2 equipment, I have requested Darbie Johnson to place signs up along the perimeter fencing and staff will also distribute. flyers indicating that if these issues persist, they will leave us no other alternative but to remove all the tier 2 pieces of equipment and the remaining equipment will be a tier I skate park. The tier I park will be open to the public with no entrance fee, no paid supervision and with limited equipment. If necessary, we will refund people who have purchased a season pass. There is not a time line for the possible removal of the tier 2 pieces - I am optimistic that with the notification, we will not have to. Our maintenance staff would remove and transport the tier 2 pieces of equipment to the public works shop. Bruce Chamberlain from Hoisington-Koegler and I have been discussing the possible relocation of the skate park. I am anticipating his report shortly. . NRRC ACTION A. Approve this plan of action B. Not to approve this plan of action C. Discuss when the NRRC has additional infoffilation REF: NRRC/memo May 10 agenda item 11 From: Barry Bernstein Sent: Monday, May 02,2005 1:22 PM To: 'Hazlet, Turney E.'; 'Danna Elling'; 'alongihastings@comcast.net'; 'Haroldechriste@aol.com'; Dave Osberg; Darbie Johnson; Terry Sieben; dennis o'melia; Harold Christenson; joe becker; Mark Vaughan; Mike Brown; Philip Vieth Subject: skate Park Since early April, at the skate park, the Parks and Recreation Department has noticed a high level of vandalism at the skate park. There have been incidents of graffiti on the ramps and illegal entry into the skate park. The illegal entry into the skate park is involving cutting of the perimeter fence. It seems as of today, upon inspection, that the intruders cut an entire section of perimeter fence, removed the bottom rail of the fence and tied the lose section of fence back with fence ties that were also removed. The hole is so large that it is believed we could get one of our ball field utility vehicles into the skate park via this hole in the fence. So far this season, our maintenance staff has repaired this fence, in the same section, over six times. The fence can no longer be repaired and must be replaced. We will do our best to cover the hole in the fence as it exists. With these issues, I am concerned with the amount of time and effort there is to repair this fence daily and the exposure the city is facing if a person is hurt while entering and using this facility illegally. I would like to present an alternative to both the council and NRRC. I am proposing to remove all the five foot equipment (2 pieces) and making the skate park into a tier 1 park that does not require supervision or locked enclosure. The tier 1 option will allow this park to remain open to the public. According to the League of Minnesota Cities, no supervision is required for equipment up to 48" tall. Furthermore, I am proposing to set the tier 2 equipment back up while River Town Days is going on due to a skate camp that is proposed. After this season, we will reevaluate the situation to determine the outcome of the tier 2 skate park. If for some reason, the tier 1 skate park still is experiencing a high volume of vandalism, we will remove the rest of the pieces of equipment. I am seeking your thoughts and opinions on this matter. This issue will be discussed at the next NRRC (May 10) meeting and I would like to hold a special meeting of the Park and Recreation Committee of Council on Monday May, 9th 6:30 PM at the Parks and Recreation Office to discuss the NRRC conclusions and if it decided to bring this issue forward to council, we will have ample time to discuss and debate this matter. For members of the Parks and Recreation Committee, if you are unable to attend the May 9th meeting, please contact my office. Thank you and! Barry Bernstein Parks and Recreation Director City of Hastings 920 W. 10th street Hastings. MN 55033 P) 651-480-6176 Fax) 651-437-5396 A~6( ':J May 12, 2005 TO: The Honorable Mayor and City Council FROM: John Grossman, HRA Director RE: National Park Service Grant for interpretation The attached letter from JoAnn Kyral, Superintendent of the Mississippi National River and Recreation Area (MNRRA), advises the City that almost $25,000 of NPS funds remain available until August 1, 31 of this year. Of the original grant of $66,000, $41,000 was used for the riverfront trail interpretive panels completed last spring. Staff is working with NPS to commit the remaining funds on time. Several projects are under consideration, planning and cost estimating. 1. Sign age giving directions to the Riverfront trail and to the LeDuc House along Highways 61 and 55. The brown "historic" signs would have to be placed on City property. near the highways rather than on MnDOT right of way. MnDOT has reviewed and denied the NPS proposal to place the signage on their ROW. Some City properties which might work, if Council approved, would be City Hall, Fire Station, Ice Arena, and Aquatic Center. 2. A sign on the Highway 61 bridge (facing downriver) concerning the MNRRA corridor. 3. An information kiosk near the DNR boat landing in JC Park providing water safety and navigation information and background on the MNRRA corridor. 4. An information Kiosk somewhere in the downtown area providing local information (perhaps trails) and background on the MNRRA corridor. 5. Assist the City in paying for the concept design of an ampitheatrejinterpretive facility in Levee Park. There is a 20% match requirement for the use of the funds. United States Department of the Interior IN REPLY REFER TO: NATIONAL PARK SERVICE Mississippi National River and Recreation Area 111 E. Kellogg Blvd., Ste. 105 St. Paul, Minnesota 55101-1256 A4415(MISS) May 3,2005 Mr. John Grossman Director, Housing and Urban Development City of Hastings 101 4th Street East Hastings, MN 55033 Dear Mr. Grossman: On August 25, 1999, the City of Hastings and the National Park Service entered into a Cooperative Agreement, No. CA628699D06 (enclosure 1), to assist the city in the development of exhibits and other educational and recreational amenities as well as education programming in the Hastings area. These exhibits and programming were part of the Hastings Mississippi Riverfront Project. The Cooperative Agreement provided matching federal funds in the amount of$41,000 in federal fiscal year 1999, and an additional $24,716 of federal funds in federal fiscal year 2000 (enclosure 2). A total of $65,716 of federal funds was obligated for this cooperative agreement. It is of utmost importance you are aware that in accordance with federal appropriation law, funds which have been obligated for furtherance of public programs expire after five fiscal years. According to our records, the National Park Service has obligated funds (for the City of Hastings) that will expire at the end of this fiscal year (September 30,2005) in the amount of$22,997. Once federal funds expire, they are withdrawn from the National Park Service's obligating account and put back into general treasury (U.S. Department of Treasury). Once this occurs, the funds are no longer available to the National Park Service or the City of Hastings. Any costs incurred against the Cooperative Agreement after funds have expired cannot be paid using those funds. We do not want the city to lose any of its deserved federal monies. As you aware, David Wiggins from our office has been working to accomplish the work 1:hat you mutually identified as the highest priority for the use of the remaining money, the placement of way-finding signs to direct visitors to the trail and the historic downtown. Despite the setback of being denied pennission from the Minnesota Department of Transportation to place signs on Highway 55 and Highway 61, efforts will continue to erect the other identified way-finding signs and a sign facing the water on the Highway 61 Bridge and to find an appropriate use of any remaining balance. If the City of Hastings has any existing or future charges toward the Cooperative Agreement, it is imperative we receive a completed Standard Form (SF) 270 (enclosure 3), Request for Advance or Reimbursement, no later than August 31, 2005, or sooner. This will allow time for our Accounting Operations Office (located in Reston, V A) to process the request. . This letter has been addressed to you with the understanding that you intend to share this information with your mayor, city council members and others who you feel would need to be informed of this information. Please contact David Wiggins at 651-290-3030 ext. 286 for any questions relating to the Cooperative Agreement or Denise St. Marie at 651- 290-3030 ext. 226 for questions about the funds. Sincerely, . . .... '1 ./ ,:~ ;' i /,/ , i ~ /. /., /,' ',,-:/,:l(--/ l/~pj ,// ,.; ;.......... JoAnn M. Kyral Superintendent Enclosures (3)