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HomeMy WebLinkAbout06-07-04 CITY OF HASTINGS COUNCIL MEETING Monday, June 7,2004 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on May 17, 2004 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Grand Excursion Transportation Agreement 3. Grand Excursion Master Agreement 4. Grand Excursion Insurance Program 5. Downtown Riverfront Redevelopment Committee 6. First Reading/Order Public Hearing-City Code Amendment #2004-20: Rezoning A to R-3: Vitt Property (13'h & Tierney) 7. Approve Development Agreement-Schoolhouse Square 3'd Addition (9'h and Vermillion Streets) 8. First Reading/Order Public Hearing-City Code Amendment #2004-29 - Adopt 6 Month Moratorium on Multiple Family Site Plan Approvals 9. First Reading/Order Public Hearing-City Code Amendment #2004-30: Amend City Code Section 11.07: Park Dedication Requirements 10. Resolution-20 Minute Parking Zone: Hastings Family Service 11. First Reading and Order Public Hearing-2004 Public Works Fee Schedule 12. Declare Excess Property-Engineering Department Plotter and Blueprint Machine 13. Approve Employment Agreement Amendment-HRA Director 14. Resolution-Hastings Downtown Business Association Raffle (September 18, 2004) 15. Resolution-Commercial Waste Haulers License (Armor Roll-Off Services, Inc.) 16. Joint Powers Agreement-Dakota County Drug Task Force (July 1-December 31,2004) 17. Approve Right-of-Way Acquisition Agreement-Armory 18. Interim Parks Superintendent Appointment 19. Rivertown Days Rodeo Event 20. Approve Massage Therapy License-Katie Lucking VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-City Code Amendment #2004-19: Rezoning A to R-3: Williams 2nd Addition (Whispering Lane & Featherstone Road) 2. Public Hearing-Project 2004-4: 10th Street & Highway 61 Improvements REPORTS FROM CITY STAFF: A. Public Works 1. Resolution-Order Improvement: Project 2004-4: 10th Street & Highway 61 Improvements 2. Resolution-Approve Plans and Authorize Advertisement for Bid: 10th Street & Highway 61 Improvements 3. Approve Engineering Department Human Asset and Succession Plan 4. Approve Job Description-Engineering Supervisor 5. Well #3 Nitrate Levels-Request Authorization for Preliminary Water Treatment Study 6. Approve Closure of Well #1 and Authorize Preparation of Plans and Specifications and Advertising for Bid 7. Authorize Drilling of Test Well-Gonzemius Park B. Planning 1. Second Reading/Ordinance Amendment-City Code Amendment #2004-19: Rezoning A to R-3: Williams 2nd Addition (Whispering Lane & Featherstone) 2. Resolution-Preliminary & Final Plat #2004-19: Williams 2nd Addition (Whispering Lane & Featherstone) 3. Resolution-Variance #2004-28: Paul Sorenson (806 19th Street West) 4. Resolution-Minor SubdivisionNariance #2004-25: Kupser Lane Properties (1004\1008 Ramsey Street) 5. Resolution-Preliminary Plat/Final Plat/Site Plan #2004-26: Ry- Vic West (General Sieben Drive & Tierney Drive) 6. Resolution-Special Use Permit/Site Plan #2004-22: Cornerstone Church (735 East 10th Street) 7. Siewert Apartment/Condo Building Update C. Administration 1. Appointment of Park & Recreation Director 2. Ordinance Amendments to Chapter 18 Regarding Certain Property Maintenance Requirements and Schedule Public Hearing 3. Ordinance Amendments to Chapter 8 Regarding Parking Regulations in Municipal Parking Lots and City Streets VIII. COMMENTS FROM AUDIENCE: IX. UNFINISHED BUSINESS: X. NEW BUSINESS: XI. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XII. ADJOURNMENT: Next City Council Meeting on Monday, June 21, 2004 Hastings, Minnesota May 17, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday May 17, 2004 at 7:00 p.m., in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Mayor Mike Werner, City Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and Yandrasits Members Absent: None Staff Members Present: City Administrator David Osberg; Administrative AssistanUCity Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Planning Director John Hinzman; Planning Director Tom Montgomery; HRA Director John Grossman - Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of May 3, 2004. Hearing none, the minutes were approved as presented. Council Items to be Considered Mayor Werner noted that Public Works Item 1-Resolution-Accepting Feasibility Study and Ordering Public Hearing: Project 2004-4: 10th Street & Highway 61 Improvements will be moved to item #14 of the Consent Agenda and that item #15 will be added: Change Order #3-Riverwood/South Oaks. Moved by Councilmember Hazlet, seconded by Councilmember Hicks, to make the above changes to the agenda as requested. 7 Ayes; Nays, None. Proclamation-Doc Louden Day Mayor Werner read a proclamation recognizing Hastings High School baseball coach Michael "Doc" Louden, who will be retiring. Presentation-Recycling Award Randy Triplett of Waste Management presented a check to the students at John F. Kennedy for managing the Youth Recycling Drop-Off Box. The next group will be Boy Scout Troop #23. Presentation and Proclamation-Heritage Preservation Jackie Boler, of the HPC, presented the following awards for historic maintenance and preservation: Robert Melson & Vicki Breitschweidt, 413 West 2nd Street; William & Debra Falk, 701 West 2nd Street; Robert & Dianne Metcalf 632 West 3rd Street; Mitchell Johnson & Pamela Pontzer, 613 West 3rd Street; Minutes of the Regular Meeting of May 17, 2004 Page 2 of 4 Mark Schwagmeyer, 541 West 6th Street; Gregory & Lesley Lesch, 215 West 7th Street; Jeffery Langenfeld, 551 West ih Street; Kim & Lori Duong, 1908 Vermillion Street; John Colwell, Jr., 1910 Eddy Street; Edna Siebenaler, 1007 Sibley Street; Robert Walker, 316 Ramsey Street; Thom Smith & Cathy Diekmann, 312 East 2nd Street The Council thanked the residents for their preservation efforts. Consent Agenda Moved by Council member Yandrasits, seconded by Councilmember Riveness, to approve the Consent Agenda as amended. 76 Ayes; Nays, None. 1. Pay Bills As Audited 2. Approve 2004/2005 Police Officer's Union Contract 3. Request for Budget Adjustment 4. Request for Traffic Assistance-Annual AMBER Alert Motorcycle Run 5. Approve Beverage Agreement Amendment 6. Resolutions-Request for Raffle and Temporary On-Sale Liquor License: St. Elizabeth Ann Seton 7. Authorize Plans and Specifications for Warming Houses for Wallin & Lions Parks 8. First Reading/Order Public Hearing-City Code Amendment #2004-19: Rezoning A to R-3-Williams 2nd Addition (Whispering Lane & Featherstone Road) 9. Pay Estimate #4-Project 2003-7: Spiral Boulevard & 31st Street Extension (Ryan Contracting) 10. Pay Estimate #B--Project 2003-2-5: Riverwood/South Oaks (Contractor's Edge) 11. Resolution-Approve Tobacco License-Shell Station 12. Resolution-Approve On-Sale & Sunday On-Sale Liquor License- Trattoria da Vinci Restaurant 13. Resolution-Approve One-Day Liquor License Amendment-DuGarels 14. Acce~ting Feasibility Study and Ordering Public Hearing: Project 2004- 4: 10 h Street & Highway 61 Improvements 15. Change Order #3-Riverwood/South Oaks Award Contract-Project 2004-3: Vermillion River Trail Underpass-Mattison Contractors Moved by Councilmember Hazlet, seconded by Councilmember Hicks to award the contract in the amount of $258,393.25. 7 Ayes; Nays, none. Copy of resolution on file. Minutes of the Regular Meeting of May 17, 2004 Page 3 of4 Resolution- Site Plan #2004-16: 36-Unit Apartment/Condo Building-Siewert Construction (31st Street & County Road 47) Planning Director Hinzman stated that a neighborhood meeting was held May 5, 2004. Three residents attended and stated their preference for property ownership over property rental. Councilmember Hicks suggested that the Planning Committee of the Council review this type of situation to prevent this issue from occurring in the future. He also suggested that a condition be added requiring the building to remain a condominium as defined by Minnesota statutes. Council member Moratzka stated concern with the short and long term use of the property and property management. Councilmember Yandrasits stated that she did not see any legal way in which the City could deny this request, as the City Code doesn't address this type of situation. She suggested that the Planning Committee review this issue to determine whether the City is interested in changing its code. Councilmember Hicks stated that the issue is not with the density of the project, but the ownership status and subsequent property management issues. Councilmember Riveness stated that apartments have a greater impact than a condominium building. Dan Tilson, one of the builders, stated that the building is being built as a condominium, including separate heat and electricity and is being platted as individual properties, which increases the cost of construction by approximately $5,000 per unit. Dave Maika, 3582 Greten Lane, suggested a moratorium on apartment buildings. Joseph Hotke, Greten Lane, suggested the issue be tabled until parking and landscaping issues are addressed. Todd Siewert, the developer, stated that if he cannot make enough rent on the properties to be profitable, he will sell the units. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet approve the site plan, with amendments that a condition #11 be added, stating that the property must remain as a condominium building as defined by Minnesota Statute 515.1-103, and that this issue be referred to the Planning Commission for review. Moved by Mayor Werner, seconded by Councilmember Moratzka to add a condition imposing a moratorium on any multi-family housing unit application that has not already been received by the City. The moratorium will last for six months or until the issue is resolved by the City Council, whichever comes first. Vote was taken on the resolution, as amended. 4 Ayes; Nays, three. Councilmembers Moratzka, Schultz, and Riveness voting against. Copy of resolution on file. Final Reading/Schedule Public Hearing-Vacation of 1st Street: American Legion Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to schedule the public hearing as requested. 6 Ayes; Nays, None. Councilmember Riveness abstained from the vote. Minutes of the Regular Meeting of May 17, 2004 Page 4 of4 Reports from City Committees, Officers, Councilmembers Councilmember Yandrasits requested that the Public Safety Committee of the Council review the use of the firing range. City Administrator Osberg stated that neighborhood meetings will be held on May 18 and May 25 at City Hall. Adjournment Moved by Councilmember Hazlet, seconded by Councilmember Moratzka to adjourn the meeting at 8:20 p.m. 7 Ayes; Nays, None. ATTEST Mayor City Clerk Date: 06/03/2004 Time: 12,02,52 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Description Department Vendor Name -------------------- -------------------- COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE FINANCE FINANCE FINANCE LEGAL MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING PLANNING PLANNING PLANNING M.LS. M.LS. POLICE POLICE ------------------------ MINNESOTA MUTUAL LIFE INS PREMIUM/MAY UNITED STATES POSTAL POSTAGE RESET Total for Department 000 MINNESOTA MUTUAL LIFE INS PREMIUM/MAY Total for Department 102 FARMER BROS CO. COFFEE FORTIS BENEFITS INS LTC PREMIUM/ MAY GRAPHIC DESIGN LETTERHEAD/ ENVELOPES MINNESOTA MUTUAL LIFE INS PREMIUM/MAY OSBERG, DAVID M. EXPENSE REIMBURSEMENT S & T OFFICE PRODUCT PAPER TKDA ENGINEERS CH CONCEPTUAL MASTER PLA UNITED STATES POSTAL POSTAGE RESET Total for Department 105 FORTIS BENEFITS INS MESKO LEE, MELANIE MINNESOTA MUTUAL SCHROEDER, ADELINE Total for LTC PREMIUM/ MAY EXPENSE REIMBURSEMENT LIFE INS PREMIUM/MAY EXPENSE REIMBURSEMENT Department 107 FORTIS BENEFITS INS LTC PREMIUM/ MAY HASTINGS AREA CHAMSE APR LODGING TAX MINNESOTA MUTUAL LIFE INS PREMIUM/MAY MN TAXPAYER ABBC. MEMBERSHIP DUES STARK, CHARLENE EXPENSE REIMBURSEMENT Total for Department 120 FLUEGEL & MOYNIHAN P PROF SERVICES Total for Department 130 FORTIS BENEFITS INS LTC PREMIUM/ MAY MINNEGASCO,ACCT'S PA MAY MINNESOTA MUTUAL LIFE INS PREMIUM/MAY Total for Department 140 DAKOTA COUNTY PROPER RECORDING FEES FORTIS BENEFITS INS LTC PREMIUM/ MAY HINZMAN JOHN CONFERENCE MINNESOTA MUTUAL LIFE INS PREMIUM/MAY ROWEKAMP ASSOCIATES ARCVIEW UPGRADE Total for Department 150 FORTIS BENEFITS INS LTC PREMIUM/ MAY MINNESOTA MUTUAL LIFE INS PREMIUM/MAY Total for Department 160 AT & T WIRELESS MDT SITE LEASE BOISE CASCADE OFFICE OFFICE SUPPLIES VI-1 page: 1 Amount ------------ 1,319.84 2,000.00 3,319.84* 54.68 54.68* 49.20 61. 40 303.53 20.24 241. 36 317.34 282.60 9.50 1,285.17* 15.90 165.75 5.35 45.75 232.75* 91.05 3,903.31 32.40 129.00 17.25 4,173.01* 192.85 192.85* 17.69 1,565.34 8.10 1,591.13* 40.00 41.44 293.16 15.80 361.30 751.70* 26.11 B.lO 34.21* 355.00 275.35 Date: 06/03/2004 Time: 12: 02: 52 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description --------~------~---- --~-~-~----~~--~--~- ~--~--~----~~-~--------- POLICE POLl CE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUREAU OF CRIMINAL A NOWLAN & SCHMITZ/ TRAINI DE LAGE LANDEN FINAN DICTATION SERVICE EMILY'S CLASS SNACK ITEMS FORTIS BENEFITS INS LTD PREMIUM/ MAY ITL PATCH & MONOGRAM PATCHES MID-AMERICAN SPECIAL CRIME PREVENTION ITEMS MILLER oS. HOLMES, INC SQUAD CAR WASHES MINNESOTA MUTUAL LIFE INS PREMIUM/MAY MN DEPT OF ADMINISTR MONTHLY USAGE FEE NEXTEL COMMUNICATION CELL PHONES PEPPERBALL TECHNOLOG BOTTLE, PA WOOD, NATHAN MAAG EQUIP REIMBURSEMENT Total for Department 201 BUILDING AND INSPECT BDM CONSULTING ENGIN FINAL GRADE BUILDING AND INSPECT BDM CONSULTING ENGIN TOP OF BLOCK VERIFICATIO BUILDING AND INSPECT FORTIS BENEFITS INS LTD PREMIUM/ MAY BUILDING AND INSPECT MINNESOTA MUTUAL LIFE INS PREMIUM/MAY BUILDING AND INSPECT MAHCO KATASONOVA/ TRAINING BUILDING AND INSPECT TOENJES, JANE MILEAGE REIMBURSEMENT Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BAHLS SERVICE COUPLER BAHLS SERVICE TIRE REPAIR FORTIS BENEFITS INS LTC PREMIUM/ MAY G & K SERVICES TOWEL RENTAL G S DIRECT INC PLOTTER PRINT HEAD MINNEGASCO, ACCT' S PA MAY MINNESOTA MUTUAL LIFE INS PREMIUM/MAY MONTGOMERY, THOMAS EXPENSE REIMBURSEMENT UNLIMITED SUPPLY INC BATTERY PORT/ TERM CLEAN UNLIMITED SUPPLY INC SEALANT UNLIMITED SUPPLY INC SUPPLIES Total for Department 300 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PARKS AND RECREATION FORTIS BENEFITS INS PARKS AND RECREATION MINNESQTA MUTUAL Total for LTC PREMIUM/ MAY LIFE INS PREMIUM/MAY Department 401 Total for Fund 101 PARKS AND RECREATION BAHLS SERVICE HOSE FITTING PARKS AND RECREATION BAHLS SERVICE O-RING PARKS AND RECREATION BAHLS SERVICE SCREW PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/ MAY PARKS AND RECREATION LEEF BROTHERS, INC. TOWELS PARKS AND RECREATION MINNEGASCO,ACCT'S PA MAY PARKS AND RECREATION MINNESOTA MUTUAL LIFE INS PREMIUM/MAY PARKS AND RECREATION MOBILE-LINK WIRELESS BATrERY Total for Department 401 page: 2 Amount ------------ 200.00 290.05 25.50 573.95 183.02 280.10 125.00 226.80 37.00 1,769.07 105.66 139.96 4.586.46* 1,600.00 1,250.00 92.88 32.40 65.00 17.25 3,057.53* 47.14 17.40 292.50 134.89 44.45 150.75 117.29 550.29 3.67 20.48 465.11 1,843.97* 9.31 4.05 13.36* 21,136.66* 9.96 1.11 1.98 120.37 47.29 295.23 52.65 38.34 566.93* Date: 06/03/2004 Operator: BECKY KLINE Time: 12:02:52 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report page: 3 Department Vendor Name Description Amount Total for Fund 200 -------------------- -------------------- ------------------------ ------------ 566.93* PARKS AND RECREATION KNUTSON NADIA SWIM LESSON PARKS AND RECREATION AQUA LOGIC, INC. POOL CHEMICALS PARKS AND RECREATION DIPPIN DOTS, INC. ICE CREAM/ 6 CASES PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/ MAY PARKS AND RECREATION JOHNSON, DAREIE A.D CAULKING PARKS AND RECREATION JOHNSON, DARBIE A.D MILEAGE REIMBURSEMENT PARKS AND RECREATION MIDWEST COCA-COLA BT COKE PRODUCTS PARKS AND RECREATION MINNEGASCO,ACCT'S PA MAY PARKS AND RECREATION MINNESOTA MUTUAL LIFE INS PREMIUM/MAY PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE PARKS AND RECREATION SCHILLING PAPER CO. POOL SUPPLIES Total for Department 401 Total for Fund 201 CABLE HASTINGS FORD-JEEP-E HASTINGS ACCESS CARGO VA Total for Department 420 Total for Fund 206 HERITAGE PRESERVATIO FORTIS BENEFITS INS LTD PREMIUM/ MAY Total for Department I70 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE CHRISTIANSON, MICHAE SOFTWARE! MOUSE! LASER C EGGERT MICHAEL SAFETY BOOTS FORTIS BENEFITS INS LTD PREMIUM! MAY MINNEGASCO, ACCT' S PA MAY MN CHAPTER IAAI MEMBERSHIP DUES MINNESOTA MUTUAL LIFE INS PREMIUM/MAY PEARSON EDUCATION!PR EMT BOOKS VERIZON WIRELESS CELL CHARGES Total for Department 210 AMBULANCE PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Total for Fund 213 EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING INSIGHT PUBLIC SECTO USB DESKTOP HARD KISSNER, CARY L. TAHOES/ SET UP LIGHTS NORNES, STEPHANIE OFFICE XP PATRICK GRAPHICS & T SQUAD GRAPHICS ROWEKAMP ASSOCIATES ARCVIEW UPGRADE Total for Department 800 Total for Fund 403 66.00 1,196.04 546.00 25.72 21. 94 69.84 1,163.85 47.14 11.18 103.24 323.87 3,574.82* 3,574.82* 26,848.19 26,848.19* 26,848.19* 2.60 2.60* 2.60* 1,432.41 150.00 256.96 296.59 50.00 105.30 1,253.53 99.65 3,644.44* 84.96 84.96* 3,729.40* 133.08 7,200.00 287.53 1,086.30 1,083.91 9,790.82* 9,790.82* Date: 06/03/2004 Time: 12:02:53 operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invo~ce Payment - Department Report Department Vendor Name Description ---~-~-~~----------- -------------------- ------------------------ HOUSING AND REDEVELO FORTIS BENEFITS INS HOUSING AND REDEVELO MINNESOTA MUTUAL LIFE INS PREMIUM/MAY Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT FORTIS BENEFITS INS ECONOMIC DEVELOPMENT MINNESOTA MUTUAL Total for LTD PREMIUM/ MAY LIFE INS PREMIUM/MAY Department 180 Total for Fund 407 PUBLIC WORKS BRAUN INTERTEC SPIRAL / 31ST CONST TEST Total for Department 300 Total for Fund 493 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS BDM CONSULTING EllQIN HWY61 10TH 80M CONSULTING ENGIN VERM RVR TRAIL UNDERPASS BDM CONSULTING ENGIN WESTWOOD CONS PLANS SER ENGINEERS TH 61 / 10TH ST SIGNAL D Total for Department 300 Total for Fund 494 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FORTIS BENEFITS INS LTD PREMIUM/ MAY HEUSSER, JAMES EXPENSE REIMBURSEMENT MINNEGASCO,ACCT'S PA MAY MN DEPARTMENT OF REA WATER LIC RENEWAL/WYTASK MINNESOTA MUTUAL LIFE INS PREMIUM/MAY NEW MECH COMPANIES I GARAGE VENTILATION Total for Department 300 Total for Fund 600 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS ANDERSEN, E.F. & ASS TRAFFIC CONES FORTIS BENEFITS INS LTD PREMIUM/ MAY MN POLLUTION CONTROL LICENSE RENEWAL/ WYTASKI MINNESOTA MUTUAL LIFE INS PREMIUM/MAY Total for Department 300 Total for Fund 601 CITY CLERK CITY CLERK CITY CLERK CITY CLERK DIXON, THOMAS FORTIS BENEFITS INS MINNESOTA MUTUAL SOGGIORNO, SHIRLEY Tot:.al for RENEWAL CLASS A LICENSE LTC PREMIUM/ MAY LIFE INS PREMIUM/MAY MILEAGE REIMBURSEMENT Department 107 Total for Fund 610 ~~ga, ~ Amount ------------ 23.60 8.91 32.51* 32.51* 5.01 1.22 6.23* 6.23* 685.25 685.25* 685.25* 6,875.01 100.00 250.00 245.38 7,470.39* 7,470.39* 136.91 150.00 319.68 23.00 45.04 9,800.00 10,474.63* 10,474.63* 596.40 58.54 23.00 24.38 702.32* 702.32* 19.00 45.94 23.00 19.13 107.07* 107.07* Date: 06/03/2004 Time: 12:02:53 Operator: BECKY KLINE CITY OF HASTINGS FM Entry _ Invoice Payment - Department Report Department Vendor Name -------------------- -------------- PARKS AND PARKS AND PARKS AND PARKS AND PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PLANNING PLANNING PLANNING PUBLIC WORKS PUBLI C WORKS RECREATION FORTIS BENEFITS INS RECREATION MAXIMUM SOLUTIONS, I RECREATION MINNEGASCO,ACCT'S PA RECREATION MINNESOTA MU'TUAL Total for Page: 5 Description Amount --------------------.--- ------------ LTD PREMIUM/ MAY 2004 UPGRADE MAY LIFE INS PREMIUM/MAY Department 401 Total for Fund 615 FORTIS BENEFITS INS GRAINGER, W.W. INC. MINNESOTA MUTtJAL Total for LTD PREMIUM/ MAY VITON SEAL LIFE INS PREMIUM/MAY Department 300 Total for Fund 620 BDM CONSULTING ENGIN GLENDALE HTS BDM CONSULTING ENGIN RIVERWOOD 7TH/ PLANNING BDM CONSULTING ENGIN SIEWERT/ PLANNING REVIEW Total for Department ISO BDM CONSULTING ENGIN GLENDALE HTS 2ND BDM CONSULTING ENGIN GLENDALE HTS GRADING Total for Department 300 Grand Total Total for Fund 807 61.09 24.95 477.26 2]..22 584.52* 584.52* 18.84 56.02 14.18 8!L04* 89.04* 1,312.50 562.50 375.00 2,250.00* 17,086.75 454.25 17,541.00* 19,791.00* 105,592.38* June 7, 2004 ~A.W~ Councilmember Hicks Mayor Werner Q1yof I-L>I it yS ..,'~,_ ,', .,*.__.,.,.. o'_J.""""",_.",.^,;'''h'+'rt"",",,'~'~' Merracrdrn To: City Council From: Becky Kline, Finance Department Date: OS/25/2004 / The attached Department Report itemizes vouchers that were paid on May 25, 2004. Thank you. Date: OS/25/2004 Time: 10:14:08 Operator: BECKY KLINE Page: 1 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE LEGAL MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.I.S. POLICE POLICE POLICE POLICE POLICE L.E.L.S. PAYROLL DEDUCTIONS LOCAL UNION 49 PAYROLL DEDUCTIONS LOCAL 320 PAYROLL DEDUCTIONS MINNESOTA NCPERS PAYROLL DEDUCTIONS MN CHILD SUPPORT PMT CONNELL/ CS 001435452601 MN CHILD SUPPORT PMT PUCH/CS 00138614701 & 00 TEAMSTERS 320 WELFAR PAYROLL DEDUCTIONS Total for Department 000 AT&T APRIL LONG DISTANCE GRAPHIC DESIGN RETURN ENVELOPES-DOG LIC Total for Department 105 AT&T APRIL LONG DISTANCE HASTINGS STAR GAZETT AD FOR BIDS/ VER RVR UND HASTINGS STAR GAZETT AD FOR BIDS/RESCUE TRUCK HASTINGS STAR GAZETT CODE AMEND/ 513 HASTINGS STAR GAZETT CODE AMEND/CHAP 10 HASTINGS STAR GAZETT LEGAL/ HOCKEY RINK EQUIP HASTINGS STAR GAZETT LEGAL/WILLIAMS 2ND ICMA ANNUAL DUES LABORATORY CORPORATI RANDOM DRUG SCREEN SCHUT Total for Department 107 AT&T APRIL LONG DISTANCE Total for Department 120 FLUEGEL & MOYNIHAN P LEGAL FEES Total for Department 130 AT&T APRIL LONG DISTANCE DAKOTA COUNTY TREAS- APRIL FUEL CHARGES DAKOTA ELECTRIC ASSN APRIL ELECTRIC FILTRATION SYSTEMS I AIR FILTERS GLEWWE DOORS. INC. SECURITY KEYPAD HERITAGE FLAG & BANN FLAGS SCHILLING PAPER CO. PAPER SUPPLIES U.S. FLAG ETIQUETTE 2004 SERVICE Total for Department 140 AT&T APRIL LONG DISTANCE Total for Department 150 AT&T APRIL LONG DISTANCE Total for Department 160 AT&T APRIL LONG DISTANCE CITY OF MPLS. AUTOMATED PAWN SYSTEM DAKOTA COUNTY TREAS - APRIL FUEL CHARGES DAKOTA ELECTRIC ASSN APRIL ELECTRIC EMILY'S CLASS SNACKS 592.00 810.00 921. 00 160.00 238.57 545.45 520.00 3,787.02* 9.19 85.20 94.39* .55 248.80 46.65 42.00 25.20 15.55 50.40 521. 00 36.75 986.90* 2.95 2.95* 10,838.33 10,838.33* 1.87 18.30 19.48 384.60 231. 00 504.00 135.48 60.00 1,354.73* 4.96 4.96* 4.06 4.06* 44.66 174.00 1,991.53 10.83 48.00 Date: OS/25/2004 Time: 10:14:08 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ POLICE POLICE POLICE CRIME PREVENTION ITEMS RESERVE MEMBERSHIP RESERVE PLAQUE HELLIE Department 201 MID-AMERICAN SPECIAL RES. LAW OFFICERS OF TROPHIES PLUS Total for BUILDING AND INSPECT AT&T BUILDING AND INSPECT DAKOTA APRIL LONG DISTANCE COUNTY TREAS- APRIL FUEL CHARGES Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS TIGER CORP BLADES/ NUTS/ SCREWS AT&T APRIL LONG DISTANCE BROWN TRAFFIC PRODUC LED LIGHTS COMMERCIAL ASPHALT C HOT MIX DAKOTA COUNTY TREAS- APRIL FUEL CHARGES DAKOTA ELECTRIC ASSN APRIL ELECTRIC N. W. ASPHALT MAINTEN CRACK SEALING PINE BEND PAVING, IN SAND MIX ZARNOTH BRUSH WORKS, SHOES/BROOMS Total for Department 300 PARKS AND RECREATION FIRST NAT'L BANK JUNE LOAN 0320243279 Total for Department 401 Total for Fund 101 PARKS AND RECREATION AT&T APRIL LONG DISTANCE PARKS AND RECREATION ICMA JOB POSTING/ P & R DlREC PARKS AND RECREATION MIRACLE RECREATION E BENCHES WALLIN PARK PARKS AND RECREATION MINNESOTA NCPERS PAYROLL DEDUCTIONS PARKS AND RECREATION TOWER CLEANING SYSTE MAY CLEANING SERVICE Total for Department 401 Total for Fund 200 PARKS AND RECREATION ADOLPH KIEFER & ASSO GUARD SUITS/WHISTLES PARKS AND RECREATION AT&T APRIL LONG DISTANCE PARKS AND RECREATION CITY OF HASTINGS POOL START UP CASH PARKS AND RECREATION MN DEPARTMENT OF HEA LICENSE FEE CONCESSIONS PARKS AND RECREATION RECREONICS, INC. POOL SUPPLIES PARKS AND RECREATION SPRINT YELLOW PAGES PARKS AND RECREATION STATE SUPPLY CO SINK/URINAL REPAIR SUPPL Total for Department 401 Total for Fund 201 HERITAGE HERITAGE APRIL LONG DISTANCE CALLIGRAPHY/ 1950 CLASS PRESERVATIO PRESERVATIO PRESERVATIO AT&T KUSANT LORI TROPHIES PLUS PLAQt..'ES Total for Department 170 HERI'l'l\CE page: 2 Amount ------------ 218.69 666.00 44.73 3,198.44'" 15.70 158.88 174.58'" 238.68 7.85 345.06 377.84 1,977.55 1,679.17 15,000.12 272.86 411.36 20,310.49'" 1,527.35 1,527.35'" 42,284.20'" 1.81 400.00 2,345.93 25.00 500.55 3,273.29'" 3,273.29* 1,757.42 1.23 400.00 325.00 528.30 10.25 408.70 3,430.90* 3,430.90* .65 150.00 127.80 278.45* Date: OS/25/2004 Time: 10:14:08 Operator: BECKY KLINE page: 3 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report --------------~----- -------------------- -------~---------------- ------------ FIRE FIRE FIRE FIRE FIRE AMBULANCE AMBULANCE AMBULANCE AMBULANCE AMBULANCE Total for Fund 210 MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 000 AT&T APRIL LONG DISTANCE DAKOTA COUNTY TREAS- APRIL FUEL CHARGES KNOX COMPANY DECODER LAB SAFETY SUPPLY CO PORTABLE FLOOD LIGHT TRAFFIC CONTROL CORP OPTIOCM EMITTERS Total for Department 210 LARSON HARRY REFUND OVERPAY CALL 2004 DAKOTA COUNTY TREAS - APRIL FUEL CHARGES KISSNER, CARY L. REPAIRS 1463 PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE APRIL AMBULANCE MEDlCATI Total for Department 220 Total for Fund 213 PARKS AND RECREATION FRANDRUP MASONRY INC EAGLE BLUFFS PARK/INSTAL Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO DAKOTA FENCE OF MN I CHAIN LINK FENCE Total for Department 500 EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING Total for Fund 402 INSIGHT PUBLIC SECTO COMPUTERS LEISURE LITE INDUSTR FREIGHT/ SUN COTS LEISURE LITE INDUSTR SUN COTS SPRINT WIRING CIVIC ARENA WAN Total for Department 800 Total for Fund 403 HOUSING AND REDEVELO AT&T HOUSING AND REDEVELO EHLERS & ASSOC Total APRIL LONG DISTANCE RIVERFRONT DEVELOPMENT S for Department 500 PUBLIC WORKS PUBLIC WORKS PUDLIC WOltZCS PUBLIC WORKS PUBLIC WORKS Total for Fund 404 AT&T BERRY COFFEE APRIL LONG DISTANCE COFFEE FADS ROTORS KEYPAD sm1PER TO BUM:P~ BUMPER TO BUMPER CONNELLY INDUSTRIAL 278.45* 64.00 64.00* 10.22 626.04 740.00 856.62 1,505.16 3,738.04* 49.42 233.42 1,702.68 61. 64 96.14 2,143.30* 5,945.34* 3,400.00 3,400.00* 3,400.00* 237.50 237.50. 237.50* 2,333.55 299.00 1,798.73 140.00 4,571.28* 4,571.28* 1.54 5,338.13 5,339.67. 5,339.67* 4.33 36.00 38.39 21. 00 338.38 Date, OS/25/2004 Time: 10: 14: 09 Operator: BECKY KLINE Page: 4 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 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS POOLI C WORKS CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CUSTOM ASPHALT STREET REPAIR TYLER/OLD DAKOTA COUNTY TREAS- APRIL FUEL CHARGES DAKOTA ELECTRIC ASSN APRIL ELECTRIC FRANDRUP MASONRY INC CURB REPAIR NORTHRIDGE/T GOPHER STATE ONE-CAL LOCATES KIMMES-BAUER WELL DR WELL #8/ LABOR MN DEPARTMENT OF HEA LICENSE RENEWAL PEINE MINNESOTA NCPERS PAYROLL DEDUCTIONS NAT'L WATERWORKS BUSHINGS NAT'L WATERWORKS GASKETS NAT'L WATERWORKS WIRE SERCO, LABS WATER QUALITY REPORT SPECIALIZED TURF SOD SOD U.S. POSTMASTER POSTAGE Total for Department 300 Total for Fund 600 DAKOTA COUNTY TREAS- APRIL FUEL CHARGES DAKOTA ELECTRIC ASSN APRIL ELECTRIC SHEMIN NURSERIES TREES/SHRUBS Total for Department 300 Total for Fund 601 BOYER FORD TRUCKS T-3 STEERING DAMPER DAKOTA COUNTY TREAS - APRIL FUEL CHARGES DEALER AUTOMOTIVE SE T-4 REPLACED THERMOSTAT DEERFIELD ADVERTISIN CARHARTT OUTERWEAR-COWDE MINNESOTA NCPERS PAYROLL DEDUCTIONS NEXTEL COMMUNICATION CELL PHONE Total for Department 107 Total for Fund 610 PARKS AND RECREATION AT&T PARKS AND RECREATION MINNESOTA NCPERS Total PUBLIC WORKS APRIL LONG DISTANCE PAYROLL DEDUCTIONS for Department 401 Total for Fund 615 MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 300 Total for Fund 620 HOUSING AND REDEVELO EHLERS & ASSOC RIVERFRONT DEVELOPMENT S Total for Department 500 Total for Fund 807 2,050.00 1,302.67 49.08 845.00 707.25 23,272.50 23.00 32.00 21. 99 28.15 252.25 1,500.00 33.55 751.88 31,307.92* 31,307.92* 127.00 137.23 746.35 1,010.58* 1,010.58* 38.19 1,045.51 361.74 60.00 16.00 50.05 1,571.49* 1,571.49* .61 16.00 15.61* 16.61* 16.00 16.00* 16.00* 1,150.62 1,150.62~ 1,150.62* Date: OS/25/2004 Time: 10:14:09 Operator: BECKY KLINE page; 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ------------------~- -------------------- ------------------------ ------------ Grand Total 103,833.85* Ci1yof I-LsI ir ~ ._~--,_.,.""""",,,",,",,,,,~ Metramirn To: City Council From: Becky Kline, Finance Department Date: 06/01/2004 The attached Department Report itemizes vouchers that were paid on June 1, 2004. Thank you. Date: 06/01/2004 Time: 09: 58: 19 Operator: BECKY KLINE Page: 1 Department Vendor Name Description Amount CITY OF HASTINGS PM Entry - Invoice Payment - Department Report -------------------- ------------._------ ------------------------ ------------ COUNCIL AND MAYOR COUNCIL AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.I.S. M. LS. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE FILTERFRESH COFFEE SERVICE SPRINT TELEPHONE/MAY STATE OF MN CPV PROG MEMBERSHIP RENEWAL Total for Department 102 BOISE CASCADE OFFICE BOISE CASCADE OFFICE LASERSHARP, INC. SPRINT S & T OFFICE S & T OFFICE S & T OFFICE S & T OFFICE OFFICE SUPPLIES SUPPLIES INK CARTRIDGE TELEPHONE/MAY PRODUcr DISK PRODUCT PAPER/ SUPPLIES PRODUcr RETURN DISK PROCUcr SUPPLIES Total for Department 105 SPRINT TELEPHONE/MAY Total for Department 107 AMERICAN PAYROLL ASS WAGE/HOUR SUMMIT - BENS SPRINT TELEPHONE/MAY Total for Department 120 H & H INDUSTRIES INC LIGHT BULBS NORTHLAND CHEMICAL S FLOOR FINISH ORKIN PEST CONTROL MAY SERVICE SKIP'S SPRINKLERS SPRING STARTUP/ REPAIRS SPRINT TELEPHONE/MAY STATE SUPPLY CO OIL T. D. 'S CLEANING MAY CLEANING TOWER CLEANING SYSTE MAY CLEANING WALMART COMMUNITY VHS HEAD CLEANER WALMART COMMUNITY VHS TAPES XCEL ENERGY MAY ELECTRICITY Total tor Department 140 SPRINT TELEPHONE/MAY Total for Department 150 INSIGHT PUBLIC SECTO EXTERNAL HD SPRINT TELEPHONE/MAY Total for Department 160 CAPITOL COMMUNICATIO RADIO EQUIP REPAIR CUB FOODS COFFEE FILTERS DAKOTA COUNTY CHIEFS HAAG AGREEMEN:r HASTINGS VEHICLE REG REGISTRATION TABS NEXTEL COMMUNICATION CELL PHONE SPRINT TELEPHONE/MAY WAIJ-IART COMMliflITY DIGITAL CAMERAS WALMART COMMUNITY MISe XCEL ENERGy MAY ELECTRICITY 185.20 13.19 500.00 698.3~* 118.41 3~6.37 76.68 1~0.99 24.50 32.74 -49.32 13 .63 804.00* 13 .23 13.23* 329.00 96.40 425.40* 333.44 105.97 91.30 440.76 43.49 10.35 1,150.73 1,196.21 6.8~ 15.98 2,645.70 6,040.82* 66.14 66.14* 266.16 26.46 292.62* 3~.00 ~.~O 1,650.00 28.50 55.33 707.78 634.38 77.90 35.47 Date: 06/01/2004 Time, 09,58,19 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 2 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 201 BUILDING AND INSPECT MCES BUILDING AND INSPECT SPRINT APR SAC CHARGES TELEPHONE/MAY Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS APWA MEMBERSHIP MONTGOMERY/ DUES BARR ENGINEERING CO. WALLIN/ GS DR LOMR BDM CONSULTING ENGIN LOT REVIEW CERT FAIR OFFICE WORLD OFFICE SUPPLIES G S DIRECT INC PLOTTER PAPER/ INK CART HATCH SALES CO. FLASHERS/ RAKES/ SHOVELS SPRINT DATA SPRINT TELEPHONE/MAY WA!.MART COMMUNITY BATTERIES WERNER IMPLEMENT CO TIRE XCEL ENERGY MAY ELECTRICITY Total for Department 300 PARKS AND RECREATION HOFFMAN-MCNAMARA 2 OAK TREES Total for Department 401 Total for Fund 101 PARKS PARKS PARKS PARKS PARKS PARKS PARKS PARKS AND RECREATION NEXTEL COMMUNICATION AND RECREATION NORTHLAND CHEMICAL S AND RECREATION RADKE ELECTRIC AND RECREATION SHERWIN-WILLIAMS AND RECREATION SPRINT AND RECREATION SPRINT AND RECREATION WALMART COMMUNITY AND RECREATION XCEL ENERGY Total CELL PHONE SERVICE SUPPLIES ISABEL/ ELEC SERVICE TAPE DATA TELEPHONE/MAY SKATE PARK OFFICE SUPPLI MAY ELECTRICITY for Department 401 Total for Fund 200 PARKS AND RECREATION NINE EAGLES PROMOTIO SWEATSHIRTS/ T-SHIRTS PARKS AND RECREATION SPRINT TELEPHONE/MAY PARKS AND RECREATION SPRINT YELLOW PAGES PARKS AND RECREATION WALMART COMMUNITY POOL SUPPLIES PARKS AND RECREATION XCEL ENERGY MAY ELECTRICITY Total for Department 401 Total for Fund 201 CABLE SPRINT TELEPHONE/MAY Total for Department .20 Total for Fund 205 3,238.26* 34,749.00 79.37 34,828.37* 490.00 5,424.50 3,125.00 4.15 318.53 700.50 149.29 221. 55 37.05 146.01 12,222.74 22,839.32* 303.17 303.17* 69,549.72* 275.03 156.64 356.13 34.50 298.58 272.47 6.94 1,194.06 2,594.35* 2,594.35* 656.25 123.10 20.50 57.87 146.54 1,004.26* 1,004.26* 13.23 13.23* 13 .23* Date: 06/01/2004 Time: 09:58:19 Operator: BECKY KLINE Page: 3 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ HERITAGE PRESERVATIO SPRINT FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE AMBULANCE AMBULANCE AMBULANCE AMBULANCE EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUIPMENT REVOLVING EQUI PMENT REVOLVING TELEPHONE/MAY Total for Department 170 Total for Fund 210 ANCOM COMMUNICATIONS MINlTOR NYLON CASES CONTROL SENECA 15 STUDENT PACKAGES DAKOTA COUN'I'Y EMERGE MATCH JOINT POWERS AGREE FAIR OFFICE WORLD OFFICE SUPPLIES MN FIRE SERVICE CERT FFI TESTING/ JOHNSON, KR NEXTEL COMMUNICATION CELL PHONE CHARGES SPRINT TELEPHONE/MAY WALMART COMMUNITY SUPPLIES XCEL ENERGY MAY ELECTRICITY Total for Department 210 BOUND TREE/NORTH AME ARTICULATED FINGER CLIP MOORE MEDICAL CORP. GLOVES / MASK HIGH CONCS PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE APR AMBULANCE SUPPLIES Total for Department 220 Total for Fund 213 INSIGHT PUBLIC SECTO 4 DIG CARDS INSIGHT PUBLIC SECTQ 4 USB READERS KISSNER, CARY L. CHANGE OVER/ SQUAD 1417 SOLBREKK INC COMPUTERS Total for Department 800 Total for Fund 403 HOUSING AND REDEVELO SPRINT PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUELI C WORKS PUBLIC WORKS TELEPHONE/MAY Total for Department 500 Total for Fund 404 BOM CONSULTING ENGIN 03-6 GS DR & BRIDGE BDM CONSULTING ENGIN RSO BDM CONSULTING ENGIN SPIRAL 31ST ST Total for Department 300 Total for Fund 493 BARR ENGINEERING CO. PRELIM WWOOD S8 DESIGN BDM CONSULTING ENGIN 2004PROJ REVIEW BDM CONSULTING ENGIN 31ST ST Total for Department 300 Total for Fund 494 13.23 13.23* 13.23* 167.74 466.58 2,158.40 126.13 150.00 91.42 453.08 374.18 617.97 4,605.50* 156.75 198.00 84.96 143.43 583.14* 5,188.64* 157.58 55.98 3,830.73 2,099.65 6,143.94* 6,143.94* 13.23 13.23* 13.23* 305.50 15,207.25 15,849.63 31,362.38* 31,362.38* 14,313.75 1,500.00 1,573.75 17,387.50. 17,387.50* Date: 06/01/2004 Time; 09:58:20 Operator; BECKY KLINE pa~e: 4 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS PUBLI C 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 BEST BUY CO., INC. UPS DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACID ECOLAB PEST ELIM.DIV ODOR UNITS GRAPHIC DESIGN APR STATEMENTS GRAPHIC DESIGN WATER QUALITY REPORTS MN DEPARTMENT OF REA 2ND QTR/ MN TESTING FEE NAT'L WATERWORKS HYDRANT EXTENSIONS SPRINT DATA SPRINT TELEPHONE/MAY T. D. 'S CLEANING MAY CLEANING WALMART COMMUNITY BINDERS/ COFFEEMATE XCEL ENERGY MAY ELECTRICITY Total for Department 300 Total for Fund 600 INFRATECH SEWER TELEVISING XCEL ENERGY MAY ELECTRICITY Total for Department 300 Total for Fund 601 SPRINT TELEPHONE/MAY Total for Department 107 Total for Fund 610 PARKS AND RECREATION SPRINT DATA PARKS AND RECREATION SPRINT TELEPHONE/MAY PARKS AND RECREATION XCEL ENERGY MAY ELECTRICITY Total for Department 401 PUBLIC WORKS PUBLIC WORKS PLANNING PLANNING PLANNING PLANNING PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS Total for Fund 615 SPRINT XCEL ENERGY Total TELEPHONE/MAY MAY ELECTRICITY for Department 300 Total for Fund 620 BDM CONSULTING ENGIN CULVERS/J STEWART BDM CONSULTING ENGIN EASTENDERS ADD BDM CONSULTING ENGIN VITT PROP BDM CONSULTING ENGIN WMS ADD LIB1 Total for Department 150 BDM CONSULTING ENGIN CENT SO BDM CONSULTING ENGIN MKTPLC WEST BDM CONSULTING ENGIN RIVERDALE BDM CONSULTING ENGIN RIVERWOOD 95.84 528.24 93.72 285.22 1,224.75 8,429.00 1,677.27 149.29 128.96 319.50 30.98 7,347.99 20,310.76* 20,310.76* 8,992.50 515.58 9,508.08* 9,508.08* 15.23 15.23* 15.23* 298.58 95.17 743.53 1,137.28* 1,137.28* 43.49 2,002.70 2,046.19* 2,046.19* 375.00 1,375.00 125.00 618.00 2,493.00* 59.50 37.75 188.75 29.75 Date: 06/01/2004 Time: 09:56:20 Operator: BECKY KLINE page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ---------~---------- -------------------- -------------+---------- ------------ PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BDM CONSULTING ENGIN S OAKS 2ND BDM CONSULTING ENGIN S PINES 4TH BDM CONSULTING ENGIN S PlNES6TH BDM CONSULTING ENGIN WALLIN 10TH BDM CONSULTING ENGIN WALLIN W Total for Department 300 89.25 97.25 59.50 216.25 359.25 1,137.25* HOUSING AND REDEVELO DEERFIELD ADVERTISIN EXCESS ESCROW REIMBURSEM Total for Department 500 1,175.00 1,175.00* Total for Fund 807 4,605.25* Grand Total 171,093.27* VI-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Grand Excursion Bus Agreement Recommended Citv Council Action Staff recommends that the City Council take action authorizing enter into an agreement with Minnesota Coaches to provide transportation services. Backqround Funding for the transportation services providing by Minnesota Coaches during the Grand Excursion event will be provided through a grant the local Jaycees' organization. Transportation must be provided by the host community for those involved in the boat rides and who are also staying at local hotels, to transport them and from the boat launch area. -k~~ David M. Osberg - City Administr(;!tor ,/',:,/' u p. MAY-17-2004 10:20 MINNESOTA COACHES 6514371302 P.01/01 Minnesota Coaches, Ine. Mlooesota Coacllcs, IIIe. 425 East 31st Street HASTINGS, MN 55033 Phone 651-437-9648 F!IX 651-437-1302 Hastings City Hall/Chamber of Commerce 101 E 4th Street Hastings, MN 55033 Charter 29985 Date: 5/12/04 PO#: Group Name: Grand Excursion (Saturday) Phone:651-480-2383 Pax:651.437-7082 Attn: Dave Osberg Michelle Jacobs Pickup TBA Depanure Time 10;00 am Date 07/03/04 # Coaches 1 Description 21 Pax Minicoach Cap. 21 Dropoff TBA 07/03104 Pickup TBA 07/03104 Dropoff TBA 03:00 pm 07/03/04 ,Total east: $ Balance of $ 285.00 285.00 is due by July 18, 2004 Itinerary: Dave Osberg's PH# 651-480-2383 FAX# 651.437-7082 The cost specified above is based On tbe information supplied by you when placing your order, and is subject to change based On actual service performed. Group Leader/Charter Party will be held responsible for any malicious damage to the vehicle. CANCELlATION CHARGE: $50.00 per coach for cancellations within 48 hours of scheduled pick up time. Cancellations On arrival will result in the minimum charge (3 or 4 hr) for each coach ordered, or $75 for each school bus. Please confirm your order by signing and retu . g one copy of this agreemenr roo MINNESOTA COACHES, INC.. Place Charter urn er On all checks and correspondence. Signature Churer RcprC'scntativc Date TOTAL P.01 5oJ7--Y MAY-17-2004 10:18 M I tiNESOTA COACHES 6514371302 P.01/01 Minnesota Coaches, Inc. Minnesota Coaches, Inc. 415 East 31st Srreer HASTINGS. MN 55033 Phone 651-437-9648 Fax 651-437-1302 Haslings City Hall/Chamber of Commerce 101 E 4th Street Hastings, MN 55033 Charter 29984 Date: 5/12/04 PO#: Group Name:Grand Excursion (Friday) Phone: Fax: Attn: Dave Osberg Michelle Jacobs Pickup TBA Departure Time 05:00 pm Date 07/02/04 # Coaches Description 1 21 Pax Minicoach Cap. 21 Dropoff TBA 07/02104 Pickup TBA 07/02/04 Dropoff TBA 11:00 pm 07/02/04 Total Coat: $ Balance of $ 330.00 330.00 fa due by July 17. 2004 Itinerary: Dave Osberg's PH# 651-480-2383 FAX#651-437-7082 The cost specified above is based on the information supplied by you when placing your order, and is subject to change based on actual service performed, Group Leader/Charter Party will be held responsible for any malicious damage 10 the vehicle. CANCELLATION CHARGE: SSO.OO per coach tor cancellations within 48 hows of scheduled pick up lime. Cancellations on arrival will result in the minimum charge (3 or 4 hr) for each coach ordered, or $75 for each school bus. Please continn your order by signing and returning one copy ot this agreement 10: MINNESOTA COACHES, INC.. Place C art~ number on all checks and correspondence. DBt. Signature Charter Representtl.tivc TOTAL P.01 5-17--Y VI-3 .' ~~-~ GRAND EXCURSION 2004 LOCALCO~TYAGREEMENT This Local Community Agreement describes the agreements between Grand Excursion, Inc., a Minnesota nonprofit corporation ("Grand Excursion"), and the local community organization set forth below (the "Community"), in connection with the events and celebrations surrounding the Grand Excursion Flotilla 2004. This Agreement is dated as of May 4, 2004. COMMUNITY ORGANIZATION: CITY OF HASTINGS, MN 1. EVENTS. Grand Excursion shall: o Identify participating boat and train companies and contract with such entities to provide resources reasonably required by such entities to allow them to deliver their promised services. o Identify and contract with busses to provide transportation for cruise passengers from boat to hotel, and from community to point of departure. o Serve as the official ticket source for any and all Grand Excursion Flotilla tickets or packages o . Handle all logistics and operational aspects of the boats and trains, working with support facilities and services in each Port of Call, Bike Ride Ovemight stop, or Train Stop, as descnDed on Exhibit A. o Provide overall direction and guidance, coordination for the Grand Excursion Flotilla, working in conjunction with the Coast Guard and the Anny Corps of Engineers. o Coordinate river restrictions/closures with proper governmental authorities as necessary. o Provide or cause to be provided adequate safety and security for passengers while on board Grand Excursion 2004 transportation elements. o Working with the emergency officials in each community, create a Crisis Management Plan to share with communities. o Share with Host Committees important timelines and deadlines. The Community shall: o At its cost, plan, coordinate and manage the local events and celebrations. o At its cost, make arrangements for and secure all public and private facilities required for the local events. o Provide adequate safety and security for land-based celebrations. o Provide adequate mooring facilities and access to the boats and trains for passengers and customers in cooperation with Grand Excursion, Inc., as described on Exhibit A. 2. FINANCIAL MATTERS. Grand Excursion shall: o Receive the revenue for all Grand Excursion Flotilla and Train tickets or packages. o Be responsible for all fmancial aspects related to the participating boats and train, and contract with the entities providing boat and train service on a regional basis. o Be responsible for all fmanci!ll aspects related with busses that provide transportation for cruise passengers from boat to hotel, and from community to point of departure. , . The Community shall: . Be responsible for all aspects of the local events. . . Retain all revenues derived ftam the lacal events. Unless specifically autharized by Grand Excursion in writing, Grand Excursian shall have na fmancialliability to the Conununity ar to any third party for any aspect of the local events and shall not share in any revenue derived nom any of the local events. 3. STAFF AND VOLUNTEERS. Grand Excursion shall: . Be responsible far recruiting and providing the paid regianal staff and volunteers. . Manage all regional staff and volunteer efforts related to the Grand Excursion Flotilla. . Be solely responsible far any compensation to be paid to regional staff. The Community shall: . Be responsible for recruiting and providing the paid staff and volunteers. . Manage alllacal staff and volunteer efforts related to the local events. . Be solely responsible for any campensation to be paid to local staff. 4. TRANSPORTATION AND PARKING. Grand Excursion shall: . Identify and contract with busses to provide tnmsportation for cruise passengers nom boat to hotel, and nam conununity to point af departure. The Community shall: . Arrange and provide transpartatian to and nom the lacal events and for adequate parking for each af the local events. S. MOORING / TRAIN STATION FACILITIES. Tbe Canununity shall provide mooring facilities and station facilities for baats and train as described on Exhibit A. 6. INSURANCE. Grand Excursion, Inc. shall: . Secure Conunercial General Liability, Marine Liability and Liquor Liability for the ticketed Grand Excursion Flotilla water, train, bike and bus components. . Secure Directors and Officers Liability Insurance for its directors and officers. . Name the C'1nununity as an additianal insured party. The Community shall: Secure and maintain throughout the local events the insurance coverage described on Exhibit B. Tbe Conununity shall provide to Grand Excursion on or before June 1, 2004, certificates evidencing the required insurance coverage. . , 7. SECURITY, EMERGENCY AND SANITATION SERVICES. The Community shall: · Secure adequate police, security and medical services throughout the local events to support land based activities. . Provide, at its sole cost, adequate sanitation and waste removal services for each of the local events and items negotiated during the February LogisticslProgram Implementation Tour listed on Exhibit C. 8. ADDITIONAL SERVICES. The Community shall: . Arrange for, at its sole cost, such additional services as it may desire, including but not limited to concessions or other food sales, ticket sales and entertainment Any and all such services shaIl be arranged for and provided by the Community at the Communities sole cost Unless specifically authorized in writing by Grand Excursion, Grand Excursion shaIl have no liability to the Community or to any third party vendor or other third party with respect to the provision of any such services. . 9. GOVERNMENTAL APPROVALS. Grand Excursion shall: . Obtain all permits, licenses and other governmental approvals required for the boat, train and bike ride aspects of the Grand Excursion Flotilla. The Community shall: . At its sole cost, obtain all permits, licenses and other governmental approvals required for each of the local events. 10. TRADEMARK. Grand Excursion owns all right, title and interest in and to all trademarks set forth on Exhibit D (the "Trademarks"). The Community may use the Trademarks only as specifically approved by Grand Excursion in writing. 11. CONTRACT ADMINISTRATION. Notices and other communication directed to Grand Excursion shall be sent to: Robert Pruden, Grand Excursion, 350 North Robert Street, Suite 100, Saint Paul, Minnesota 55101, phone: 651-298-0443, fax: 651-298-0452, e-mail: rpruden@grandexcurSion.com. Notices and other communication directed to the Community shaIl be sent to: Name: Address: Karen Spicer III E. Third Street Hastings, MN 55033 651-437-6775 Karen@hastingsnm.org Phone: Email: 12. INDEMNIFICATION. The Community shall: e Indemnify, defend :lIld hold Grand Excursion, its directors, officers, agents, :md employees harmless from any and all claims, loss or causes of action arising out of the local events, unless caused by Grand Excursion's willful misconduct. 13. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Minnesota. 14. MISCELLANEOUS. All exhibits to this Agreement are incorporated herein and intended to be part of this Agreement. If the terms of this Agreement conflict with any of the tenus of any exhibit hereto, the terms of this Agreement shall conn-oJ. This Agreement may not be amended except by a writing signed by both parties. No failure or delay on the part of a party to complain of any act or omission by the other shall be deemed a waiver of their respective rights under this Agreement. If any tenn of this Agreement is held to be unenforceable, the remainder of this Agreement shall continue to be valid and enforceable to the extent penuitted by law. Nothing in this Agreement creates a partnership, joint venture or employment relationship between the parties. This Agreement may be executed in two or more counterparts, each of which shall be considered an original and all of which shall be considered one Agreement. This Agreement represents the entire understanding between the parties. CITY OF HASTINGS, MN GRAND EXCURSION, INC. By By Patrick Seeb Its Its Chief Executive Officer Date ,2004 Date ,2004 . EXHIBIT A TO GRAND EXCURSION 2004 LOCALCOMMUMTYAGREEMENT Moorinl!:. Overnil!:ht for Bike Riders and Train Station Facilities Hastings Boats Grand Excursion a"rees to Provide: . Support equipment to tie off the boat while in Hastings Bastin"s a"rees to nrovide a Moorin" Location for Boat: . Harriet Bishop EXHIBIT B TO GRAND EXCURSION 2004 LOCALCO~TYAGREEMENT Hastings Insurance Insurance coverage for all parties is a very important component of any large undertaking and takes on special significance for public events. Host Communities will procure insurance as follows: Recommended for communities/businesseslorganizations that have items related to these areas: > Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence, $1,OOO,bOO personal and advertising injury, $2,000,000 annual aggregate, $2,000,000 products and completed operations aggregate, medical payments of$5,000 per person, and fire legal liability of $50,000 per fire. > Dram Shop or Liquor Liability if alcoholic beverages are sold Limits of$I,OOO,OOO each incident and aggregate. > Automobileliability covering all owned, hired and non-owned automobiles used in the conduct of your operations. $1,000,000 each accident. You may wish to consider physical damage coverage for rented autos. > Inland Marine coverage for property in your care, custody or control. To included rented or borrowed equipment. > Rain or weather insurance to protect profits against inclement weather. > Accident medical insurance for volunteers and staff > Excess or Umbrella Liability - At least $1,000,000 > Workers Compensation - Statutory Benefit (your state) and Employers Liability $500,000 each person _ Accident, $500,000 Policy Limit - Disease, $500,000 each person - Disease. Secure an endorsement to add volunteers as employees. > Any other insurance required by contracts entered into by the community that requires indemnification of a third party. Note: All local insurance policies must name Grand Excursion, Inc. as an additional insured and copies of the endorsement to the policy and certificates of liability insurance must be provided to Grand Excursion, Inc. by October 1, 2003 or six months prior to any activity. AU insurance must be placed with carriers licensed or admitted to do business in your state and must have an A. M. Best Inc. rating of"A-" or better. Indemnification: Host Committee agrees to indemnifY and hold harmless Grand Excursion, Inc. and associated parties, including their respective directors, officers, employees, volunteers, contractors, advisors and agents against aU claims directly or indirectly from their involvement in the Grand Excursion 2004. All Certificates ofInsurance are due to Grand Excursion by June 1, 2004: EXHIBIT C TO GRAND EXCURSION 2004 LOCAL COMMUNITY AGREEMENT Security. Emer~encv and Sanitation Services Hastings Boats Grand Excursion At!rees to: . Provide fencing for passenger security area . Provide staff to set up and remove tents, gate way and signage for boat Hastinl!s At!:rees to: . Provide water from a fire hydrant to run water to the boat . Dumpster for trash near mooring area General Logistics Grand Excursion A2:rees to: . Provide tents for ticketing, merchandise and GE command center to be located near boarding area . Provide generators for electrical needs for tents . Provide staff to set up and remove tents, gateway and signage Hastinl!s Awe.. to: . Space near boats for ticketing tent 10' X 10', merchandise tent 10' X 20', command center tent 10' X 10'. . Provide law enforcement/security as needed for land based events in community . Have EMS services available to support any injuries . Provide space for Grand Excursion gate way . To have a designated area where busses can be staged while waiting for passengers EXHIBIT D TO GRAND EXCURSION 2004 LOCAL COMMUNITY AGREEMENT Hastings .. VI-4 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Grand Excursion Insurance Program Recommended City Council Action It is recommended that the City Council take action authorizing the acquisition of a special events-general liability insurance policy for the City of Hastings for the Grand Excursion, with an expected premium not to exceed $6,300. Backaround I have been working with Dave Dotson throughout the last months to acquire the necessary insurance coverage for the Grand Excursion. While an exact amount for the premium has yet to be finalized, Dave Dotson shared with me on June 3, that the amount should not exceed $6,300, and may in fact be less. The insurance does cover the scheduled balloon launch at the Featherstone Ponding Basin. ,.: VI-5 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Downtown Riverfront Redevelopment Committee Recommended City Council Action It is recommended that the City Council take action implementing the request and recommendation of the Downtown Business Association appointing Laurel Cox to the Downtown Riverfront Redevelopment Committee, replacing Christine Viken. BacImround Copies of two letters are enclosed in the packet, illustrating the background and recommendation of the DBA The May 25, 2004 letter trom the DBA to its members, indicating its intent to recommend Laurel Cox to the Committee. The second letter dated May 26, 2004 is to the City asking that Laurel Cox be appointed to the Downtown Riverfront Redevelopment Committee. With the recommendation action, the City 2will '" "'I=_tire """" of tho DBA Hastings Downtown Business Association p.o. box 541 . Ha:;tinss, Minnesota 550JJ-0541 To: Members Downtown Business Association May 25, 2004 From: Officers Downtown Business Association Re: The RecusaI of Christine Viken on the Downtown River&ont Redevelopment Advisory Committee Chris Viken submitted 11 letter of recusal to the Advisory Committee meeting May 10, 2004. She stated that due to a conflict ofinterest concerning the Gardner, she would step down. The Advisory Committee referred the matter back to the DBA for action. The DBA officers met on May 17, 2004 in response to the request of the Advisory Committee. The discussion at the officers meeting centered on the need for a permanent representative who would express the DBA's concerns during the life of the redevelopment effort. Two recommendations resulted rrom the meeting. The first recommendation considers the recusal as a resignation. The second recommendation was that a permanent representative be selected fi'om a member in good standing. The officers recommended that Laurel Cox be appointed to serve as the permanent representative of the DBA to the Advisory Committee. The Bylaws of the D6Agive the President the authority to appoint persons and committees as needed (Article IX, section 2). Laurel Cox has agreed to accept the position and would assume her role upon confirmation by city council. A letter has been sent to Lynn Moratzka (Chairperson- Advisory Committee) and city ;g=;~;;::~innnent. h~~ Barbara Hollenbeck ~ ~. 'dent VtcePresident .-" O.dr J. ~~ ( el Cox D:-Keetl:~.. Secretary Treasurer L,4~-,.:,/A"'".Y7.J/ /$// Hastings Downtown Business Association P.O. Box 541 . Hastings, Minnesota 55033-0541 To: City of Hastings Dave Osberg May 26, 2004 From: Downtown Business Association Re: Recommendation of Appointment of Laurel Cox to the Downtown Rivernont Redevelopment Advisory Committee The Downtown Business Association is recommending Laurel Cox to fill the seat vacated by Christine Viken. Laurel Cox is well qualified to represent the DBA at the Advisory Committee. Laurel is a business owner/manager and is an active participant in the Downtown Business Association. Laurel and her husband, Steve, have been downtown business owners for the past ten years. Because, her business, Professor Java's Coffee Shop, has become the gathering spot of the downtown residents and merchants, she knows the sentiment of Main Street Laurel is a key member of the DBA. She has held several official positions in the Association including Secretary and is a past President. Laurel has also served as a HRA Commissioner for the city of Hastings. The DBA is pleased to recommend Laurel Cox to the Advisory Committee. ~. erely, i ~ ..~ . ,4.-I~L- M HOllenJk President Downtown Business Association ~/H~~5;}7-,y h/ VI-6 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7, 2004 1st Reading\Order Public Hearing -Rezoning #2004-20 - A to R- 3\PRD - Vitt Property - 13th Street west of General Sieben Drive - Centex Homes. Subject: REQUEST The City Council is asked to consider 1 sl reading and order a public hearing to rezone approximately 17 acres from A - Agriculture to R-3\PRD - Medium\High Density Residence\Planned Residential Development. The property is located along the future extension of 13th Street, west of Bailey Ridge\General Sieben Drive, and north of 14th and Tierney. The request is made in conjunction with a preliminary plat and site plan application from Centex homes for construction of 114 multiple family units. The public hearing would be scheduled for the June 21, 2004 City Council meeting in conjunction with the remaining Centex requests. RECOMMENDATION The Planning Commission voted 5-1 (Schmitt dissenting) to recommend approval of the rezoning at the May 24, 2004 meeting. During the public hearing one resident spoke in opposition to the rezoning request citing additional traffic concerns. The Commission discussed the rezoning, plat and site plan as a single item. Commissioners generally supported the plan for development of the parcel, but voted to table the Preliminary Plat and Site Plan until resolution of collector road issues. The following timeline for action was discussed: . May 24 Planning Commission - Action on Rezoning, Tabling of Preliminary Plat and Site Plan. . June 7 City Council- Order public hearing for rezoning for June 21 . June 14 Planning Commission - Action of Preliminary Plat and Site Plan · June 21 City Council - Public hearing on rezoning, action on rezoning, Preliminary Plat, and Site Plan. ViII Property Rezoning #2004-20 City Council 1 ' Reading - June 7, 2004 Page 2 BACKGROUND INFORMATION Future Collector Roads Two future cOllector roads have been identified along the northern and western boundary of the development. South Frontage Road is planned to continue directly west of its current bend at the Xcel Substation and the need for a new collector road has been identified near the western extent of the development. Both roadways are near the present city boundary with Nininger Township, and construction of the roadways would include participation of not only the developer but adjoining land owners and the township. The timeframe and obligations towards construction must be better developed. Neighborhood Meeting The developer held a neighborhood meeting on May 19th to introduce the concept to the surrounding residents. Four people attended the meeting. The following issues were raised: . Concern over increased traffic . Preference for single family homes in the development . Ability to provide city services (police, fire, and sewer) to the area Annexation The City Council approved the annexation of the subject property in December, 2003. The annexation has approved by the State of Minnesota on April 15, 2004 and the property is now legally part of the City. Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property was identified for future annexation under 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 currently zoned A - Agriculture. The proposed rezoning to R-3\PRD is consistent with the density proposed for the plat and site plan. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: ViII Pro~erty Rezoning #2004-20 City Council l' Reading - June 7, 2004 Page 3 Direction North Existina Use Zonina 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 East South West 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. REZONING REVIEW Request The applicant proposes to rezone +/- 17 acres from A - Agriculture to R-3\Planned Residential Development. Analysis The change is consistent with the density stipulated in the Comprehensive Plan. The area is adjacent to town homes of similar density (east). The area serves as a buffer between future commercial area along Highway 55 to the north, and single family residential area to the south. ATTACHMENTS . Location Map . Proposed Site Plan . 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Iii .~ !II j ~ j ; I ! -g Jh J 'i~ I I" =:: Ul ~ . ~ ~ . 04/27/04 09:14 FAX 9529367839 CENTEX HOMES 1i!J002 LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Addreea of Property; /-I I A Legal De8cnptlon of Property: ThaI part of NW Quarter of the Southeast Quarter of Section 30, Township 115, Range 17 Dakota County, MN, according to Govemment survey thereof, which lIes south of a. line descnbed as: Commencing at the Northeast comer 01 the North Hall 01 ...Id South..ast Qu"rt<lr. thance south along the East line the",ol 1 53.90 feet to the South Right-of-Way nne at TH No.56; thenoe oontinulng South along said _lIn.. 603.00 feet to the point of beginning 01 lI1e [Ina to be described; thence deflaoting gO degrees 00 minutes 00 aecands nght 2135.22 leet to the West line of said Northwest Quartar and th..r.. terminating. Applloant. Name Centex Homes Address 12400 Whitewater D~ve, Suite 120 M"u1nalonka. MN 65343 Phone 952-9$6-<1235 Fax 952-86-7839 Emall rnranfana@centsxhomEls.com Own..r (If different from Applicant): Name HaotJnas Land LLC Addr.ss Capital PropertY Investmants LLC 010 Caoltal Real Estate, INC Fifty South Sixth Straet, Suite 1480 Mlnn..apolls. MN 55402 Phone 612-313-2500 Fax 612-313-01136 Emall De.cription of Requeot (Include site plan, survey, and/or plat II applicable): Rezone, SU. Plan and Preliminary Plat Check applicable box(es): 500 Final Plat Minor Sub. Rezone Speo. Use Varianoe Annexation EAW P....llm P'a~ 500 6000 500 SIU> Plan 4000 TOTAL: Note: All I.... and escrow amourrls due at time 01 appltcation. ~oo ~ $500 $500 $500 $250 $500 plus legal expenses $500 plus $1 000 escrow. $500 plus e.crow: . Und..r 1 0 acres: $13000 ($600 Planning + $2500 engineering) - Over 10 acre., $6000 ($1000 Planning + $5000 Englneenng) $500 plus eecrow: - 0 - 5,000 ..I~ $1500 (Engineering) . 5,000 . 10,000 s.f.: $2500 ($500 Flannlng + $2000 Engineering) - 10,000.50,000 ..f,; $:3250 ($750 Planning + $2500 cnglneering) - 50,000 s.t. +: $4000 ($1000 PlannTng + $3000 Engineering) $ 11,500 Centax Homes - MN; Matt Anfang Land Project Planner Official u.. p~ly File" rLOOl\ - ?D Fee Pllld Ii II. son , Sign Administrative Lot Split Comp Plan Amendment HOUQeMow Lo~ Line Adj..8Iment VBcatB ROWlEasement $50 $500 $500 $50 $400 of Owner ") Date ,... Owner Name - Please PrInt Hastlnas Land LLC, Jame. F. Vltt R..o'd BY:~ Recalpt II ::je\ o.te Reo'd App. Complete '-fly! 412312DQ3 VI-7 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7, 2004 Subject: Development Agreement - Schoolhouse Square a'd Addition REQUEST The City Council is asked to approve the attached Development Agreement between the City and the owners of the Final Plat of SCHOOLHOUSE SQUARE 3RO ADDITION, consisting of one residential lot containing 57 condominium units and 2 outlots for future development. The City Council granted Final Plat approval on April 5, 2004. 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 IlL {, 11?~':i~r~! U;;,;,4U', :Tu'tJ""""'.:~11 il,IF:"'< ~4,L" i"':: !i;'" 1//>..'.....:....... ,.t fiJ"", ~,,~ .,', ",;j/~ ii i' .",,, ,'m," . . /fil / \:,. . i,,~ '..:"::,::.~ I""". i i ! !.,.....,::.. 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'" !!iiljl: !i!~ .. !:U)'=' ~.~ j!:~_Z ~zZ S"'n ~iJ:' . ~~ .. ,. , _ '- 0 f.~ N()()"1(i'J," Il7.H , R~.;A,:EY ".'P':::::. r---------------___________________, I HEf~RY G. 8."-.iL.L.Y"3 AY"!i'i()f'.j ".' .... ,~"", ..," HAST!W;~, I , , en (') (r.) :u o ~ c o - 1-1 - L_o z r-- I , Hi o. , , 0.'_'''" j:: flll'r! . /I '-I' , <: ~ , ,. '" ltlt ::; S I "+~ .n ",JlT". JiI JI;} t t . 0- ~ I ~. " I' !!'''t "f i ~~ , --,-- o. :t-II.:;:1 . .'" ;Gl Ira'i -", + I '>, "r , " I ~ ~-, Fl., I ~ .. ~I! !'Ii '0 . ~ r'fo\o ':Lf! f ! or "', ! ", ~ i. . , < , . . i DEVELOPMENT AGREEMENT FOR SCHOOLHOUSE SQUARE 3RD AlJDITION THIS AGREEMENT is made this _ day of May, 200:}, by and between the City of Hastings, a Minnesota Municipal Corporation (City) and Schoolhouse Partners, LLC, a Minnesota Limited Liability Company ("Developer"). WHEREAS, Developer proposes to undertake the development and construction of a residential development on property proposed to be platted as Schoolhouse Square 3" Addition, Dakota County, Minnesota, (hereafter referred to as "Subject Property"); and WHEREAS, Developer owns the Subject Property and is signing this Development Agreement for the purpose of binding the Subject Property to the tenus of this Development Agreement; 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 entering into this Development Agreement and otherwise complying with all conditions of city council approval. NOW, THEREFORE, it is hereby agreed between the parties as follows: I. Application ofDevelofmrent Al?reement. This Development Agreement shall apply I to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: Schoolhouse Square 3" Addition, according to the plat thereof, to be filed in the Dakota County Recorder's Office. This property hereafter shaH be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot, shall refer to lot, block or outlot contained in the plat of Schoolhouse Square 3m Addition. 2. Parties Authoritv to Si~n. Developer warrants to the City it has full authority to enter into this Development Agreement and perforiit 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 57 residential units on one lot of record and two outlots for future development. 4. StrMts Drives and Utilities. All streets, drives and utilities within the Subject Property shaH be privately owned and maintained. The City will not assume any ownership or liability of streets, drives or utilities within the Subject Property. Developer will be responsible for drafting and recording against the Subject Property any documents necessary to provide for the common maintenance and replacement of the private streets, drives and utilities within the Subject Property. 5. Sewer Interceotor Fees. Before the City will release the final plat, Developer agrees to pay to tl1e City sewer interceptor fees in the amount of $19,095.00. This 2 represents 57 units at $335.00 per service. 6. Park Dedication Fees. Before the City will release the final plat, Developer must pay to the City park dedication fees in the amount of$125,400.00. This represents 57 units at $2,200.00 per unit. 7. Grading. Drainafle and Utility Plans. All grading, drainage and utility plans for the Subject Property must be reviewed and approved by the City's Public Works Director. Developer assumes all risks associated with any grading or utility placement that is done prior to receiving City approvals. All required pe=its must also be obtained before any grading or utility placement is commenced. 8. Access Easements. Access easements must be submitted to the City for approval that would guarantee access to all lots and outlots not directly adjacent to an improved right-of-way. This access easement must be approved by the City before the City will release the final plat. 9. Out10ts. 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 or other fees may be required as a condition of replatting any outlots. 10. Site Gradinf? 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 g, ading plan approved by the City. All disturbed areas on the Subject Property must be stabilized with ;). rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be maintained so as to comply with all City of Hastings property maintenance 3 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 fonnat specified by the Public Works Division showing the newly graded elevatiOl:s 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. 11. Letter of Credit and Insuection 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 detennined 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 amcunt of at least one million dollars. City shall also be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. C. All letters of credit required by this Agreement shall be in a form acceptable 4 to the City and issued by a com:Jany 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 nonnal 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. 12. Specifications - Inspections. A. Unless otherwise stated, all of the required improvements shall confonn to engineering standards aild spccifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be 5 made in sequence as detennined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and fonnat 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 inspe_ctor for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall detennine 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 proj ect. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. C. As-Built Improvement Plan - Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 13. Electronic Copies arRent/ired Documents. Before the City will sign the final plat, Developer shall submit to the City, electronic copies of the plat, plan set record 6 drawings and grading plan in an electronic fonnat which is acceptable to the Hastings Engineering Department. 14. ProTJertv Monuments. Steel monuments shall be placed at all block comers, lot comers, angle points, points of curves in streets and at intennediate 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 adj acent 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 ofthis certification shall also be sent to the City. 15. Requirements ror a Buildinfl Permit. A. No building pennits 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. B. No building pennits 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 011 the prelirninary and final plats. C. No building pennits, except for approved sales models, shall be granted on 7 the Subj ect Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and stonn sewer improvements tested and accepted. 16. Buildbtfl 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 s~te 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 infonnation: 1. Property boundaries. 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 9. Proposed top offoundation elevation (front and rear). 10. Proposed finish grade elevations at building comers. 8 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. 17. Erosion Control Plan Re9uirements (Mav be identified on Certificate ofSurvev). A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. B. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed ofCAlICA2 Course Aggregate 1-2" rock - 6" deep per MPCA Manual. 18. Successors and Assif!1ts. This agreement shall be binding upon the successors and assigns of the parties hereto and shall run with the land. 19. Recordinf? of Aflreement. An original executed copy of this Agreement shall be 9 filed with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers ofthe property within the Subject Property of the provisions of this Agreement. All recording fees shall be paid by Developer. 20. Recordinf or Final Plat. The fmal plat ofilie Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building pennit is issued. 21. 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 fmal 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. 22. Miscellaneous. A. It is agreed that any breach of the tenns of this Development Agreement shall be grounds for the denial of any building pennit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the breach directly relates. Developer shall be provided with notice of any breach of the tenns of this Development Agreement in accordance with the notice provision hereafter and shall be provided a period of30 days in which to cure ilie breach. During this 30 day notice, the City shall be allowed to wiilihold any required pennits, certificates of occupancy or any other City approvals, unless the City is given assurances in an amount and a fonn deemed appropriate in the sole discretion of the City that the breach will be eliminated. 10 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 ofilie City shall not constitute a waiver or amendment to the provisions of this Development Agreement. All amendments or waivers to this Development Agreement must Le 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 ofthe parties as a result hereof. E. Any notice required by iliis Development Agreement shall be sent to the parties as follows: TO THE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street Hastings, MN 55033 TO THE DEVELOPER: Schoolhouse Partners, LLC 425 East 31 st Street Hastings, MN 55033 Dated this day of May, 2004. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: Michael D. Werner, Mayor 11 (SEAL) By: Melanie Mesko Lee, Administrative Assistant/City Clerk Dated this day of May, 2004. DEVELOPER: SCHOOLHOUSE PARTNERS, LLC, A MINNESOTA LIMITED LIABILITY COMPANY By: Its: ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of May, 2004, by Michael D. Werner and Melanie Mesko Lee the Mayor and Administrative Assistant/City Clerk of the City of Hastings, Hastings, Minnesota. NOTARY PUBLIC ACKNOWLEDGMENT STATE OF MINNESOTA) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of May, 2004 by the of Schoolhouse Partners, LLC, a Minnesota Limited Liability Company. NOTARY PUBLIC THIS INSTRUMENT DRAFTED BY: Fluegel & Moynilian P.A. 1303 South Frontage Rd., #5 Hastings, MN 55033 SMMlharn 12 VI-8 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7,2004 Subject: First Reading\Order Public Hearing -City Code Amendment 2004-29- Adopt 6 month Moratorium on Multiple Family Site Plan Approvals. REQUEST The City Council is asked to consider first reading and schedule a public hearing to adopt a 6 month moratorium on multiple family site plan approvals. The moratorium was first adopted by the Council at the May 17, 2004 meeting as a condition of approval for the Siewert condo\apartment building. Adopting the moratorium as an ordinance is recommended by the City Attorney. The public hearing and 2nd reading\adoption would be scheduled for the June 21, 2004 City Council Meeting City Attorney, Shawn Moynihan will send out the draft ordinance under a separate cover. 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The following changes are proposed: Pro osed Rate $2,200 $1,650 $1,100 Current Rate $2,200 $2,200 $2,200 The changes are necessary to ensure park dedication rates represent a "fair and reasonable" value for land dedication as required by state statute. Recent residential land appraisals and average residential densities were used to determine the proposed rates The public hearing and 2nd reading\adoption would be scheduled for the June 21, 2004 City Council Meeting. VI-10 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Resolution - 20 minute parking zone, Hastings Family Service Enclosed for Council approval is a resolution establishing a 20 minute parking stall in front of Hastings Family Service on 3'd St. across from City Hall. I have also enclosed a copy of the letter from Hastings Family Service explaining their need for short term parking to facilitate loading of vehicles. I am proposing a 20 minute limit to provide some uniformity on signage with this request and future requests. - ern' OF HASTIN6S CIlY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ESTABLISHING A 20 MINUTE PARKING STALL IN FRONT OFF HASTINGS FAMILY SERVICES, 121 EAST 3RD STREET WHEREAS, Hastings Family Services has requested a short tenn parking stall to be established in front of their offices at 121 East 3'd Street to facilitate loading and unloading of food and clothing; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; City staff is hereby directed to place a 20 minute parking..sign to create a single short tenn parking stall in front of 121 East 3,d St. to facilitate the Hastings Family Service operations. , ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TillS 7th DAY OF JUNE, 2004. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) L -Hastings FamilyService 121 East Third Street Hastings, MN 55033 (65J) 437-7134 May 26, 2004 Mr. Tom Montgomery Director of Public Works City of Hastings 101 East Fourth Street Hastings, MN 55033 Dear Mr. Montgomery: Hastings Family Service would like to request a fifteen-minute parking space in front of our building at 121 East Third Street during business hours (9:00 a.m. - 5:30 p.m., Monday through Friday.) The purpose of the space would be a loading area for food-shelf clients to load groceries Into their cars and/or an area for those who bring In food or clothing donations to park near the front entry. A family of four visiting the food shelf receives about 135 pounds of food, so It would be very helpful to have a loading area close to the front entry/exit doors. We currently average about eighty families per month In the food shelf and we receive an average of thirty bags of clothing donations per day. Thank you for your consideration of our request. The parking space would be a great help for the people we serve. Sincerely yours o~~~ Janet Gratz Attachment: hand.drawn map of space 10 Janet Gratz Executive Director J. IV'V\ "/V hV VtI\ /~. ) \E-' '" L-, ~. o 'U "\J CQ ~ r-d .........-.' , :<.5/ "-.;0~'-" ~\ ' L H ...~-h AI :. j::'Qc!"-t\, ,LV ~__"'_"_" -'-+--, "\' i.- _., , \\ \\ \ 1\ '\1 \ \'~'" ~\\ \ \', \, \\ \\ Ii '; \:'\ \\~~, r'V.' \\ \ . n ;\ \ ! if ~~-=:;::// 'I " II J.) II " den !,I- 'I OJ III hi -"i -< ~~~ -' ~ 3RDSTE ~-- ....... ~prOPOsed 20 m~~ Stall c:;:::::= '--. 7~ 'f---=-----:c--==.d'--- I " i-- -l"-'l- I ; . !or _~_--. \ i:. \j U I Ii 1_ h! /~ , b:~ II I I I II ' , i -, ~ I. , I I I I I \1 I \ " --'--- // \, I' , I' ! 11:-'---- lillll' ! n (1'1, , , :i !!; II' ! I'! :1111 I' i qn' ~ rrr~"'-. !if' liIi~ I;! \-; lil:'"I' ~ ,\ ! "I" ! 'I ,i I iJ ' !"I~ .......---- --, 1-\ I ! I II il I I I , I ~ ,~ ,..--- VI-11. MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 First Reading, Order Public Hearing, 2004 Public Works Fee Schedule Council is requested to hold a fIrst reading and order a public hearing on the attached proposed 2004 Public Works fee schedule. Recent questions over invoices for emergency Public Works services have brought to the forefronl a need for an official, Council adopted fee schedule for equipment and staff services. Staff rates were established using the same guidelines used to bill for development review: hourly rates equal to two times the 2004 salary rate rounded up to the nearest $5 increment. Equipment rates were established through a comparison of past billed rates and the City of Eagan's recently completed rate review. cITY' OF IlASTlNIIS NOTICE OF PUBLIC HEARING 2004 PUBLIC WORKS FEE SCHEDULE HEARING 7:00 PM, Monday, June 21, 2004 Hastings City Hall To Whom It May Concern: Notice is hereby given that the City Council of Hastings, Minnesota will meet in the City Council Chambers, City Hall, 101 E. 4th ST., at 7:00 PM, Monday, June 21, 2004, to consider the adoption of a staff and equipment fee schedule for the Public Works Department. Any person, prior to the date of the public hearing, may examine the proposed 2004 Public Works fee schedule at the Hastings Public Works Garage, 1225 Progress Drive between the hours of 7:00 AM to 3:00 PM. Copies of the fee schedule may be obtained at the Public Works Garage or by calling the Public Works Department at 480-6185. CITY OF HASTINGS 2004 PUBLIC WORKS FEE SCHEDULE HASTINGS UTILITIES FEES-OTHER Water shut-off $50.00 (7am -3pm) $120.00 fee after hours (equal to 2 hour after hour callout charge) Final meter reads $25 Meter testing $75 TEMP. CONSTR. HYDRANT METERS . Installation charge $100 . Usage $0.01 per gallon ($10/1,000 gal) Tanker Fills $15 per tanker load of water After-Hours Work . Call out-2 hour minim 2 x aT Labor Rate rounded up to nearest $ 5 increment . Extended Day 2 x aT Labor Rate rounded up to nearest $5 increment HAsTINGS UTILITIES FEES-WATER METERS :y." SR ECR with MXU, incl. Tax $319.50 1" SR ECR with MXU, incl. Tax $372.75 1.5" SR ECR with MXU, incl. Tax $633.68 2" SR ECR with MXU, incl. Tax $788.1 0 3" Compound with MXU $2,273.70 Larger than 3" to be detennined by Utility Superintendent and based on meter cost. CITY OF HASTINGS 2004 PUBLIC WORKS FEE SCHEDULE HASTINGS EQUIPMENT RATES Equipment: Pick-up truck One-ton dump truck Single-axle dump truck Tandem-axle dump truck Tractor Mower Front-end loader Road grader Street sweeper Roller Air compressor Sewer Vactor Groundsmaster mower Pump, 4" Pump, 12" Skid loader Chipper Tanker Type III Barricades Hourly Rate: $ 28.00 29.00 40.00 50.00 40.00 60.00 80.00 - 40.00 25.00 20.00 1 05.00 35.00 40.00 60.00 45.00 30.00 40.00 $3/hr, $25/day max. Note: Equipment rates are for equipment only. Operators will be charged out at the appropriate staff rate, Staff Rates: Rates set at two times the hourly rate rounded up to the nearest $5 increment. Position Street Superintendent Utility Superintendent Street Foreman Asst. Utility Supt. Heavy Equip. Operator Light Equip. Operator Utility Maint. III Operator Utility Maint. II Operator Hourlv Rate $65.00/hr $65.00/hr $50.00/hr $50.00/hr $45.00/hr $40.00/hr $45.00/hr $40.00/hr Overtime Rate $65.00/hr $65.00/hr $70.00/hr $70.00/hr $65.00/hr $60.00/hr $65.00/hr $60.00/hr VI-12 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Resolution - Declare Engineering Department Equipment Excess Council is requested to declare the following Engineering Department equipment excess and authorize sale or disposal: . Blueprint copying machine - over 12 years old, rarely used with Engineering's conversion to computer drafting, and redundant with the use of the large fonnat copier. . HP 650C Plotter - 11 years old, replaced 5 years ago by Engineering, rarely used by Public Works, annual maintenance costs exceeding value of equipment. ern' OF HASTINGS CIlY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION DECLARING ENGINEERING DEPARTMENT EQUIPMENT EXCESS AND AUTHORIZING SALE OR DISPOSAL WHEREAS, the following Hastings Engineering Department equipment is surplus or no longer functional; . Blueprint copying machine . HP 650C Plotter NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the above referenced Hastings Engineering Department equipment is hereby declared excess and is to be sold or disposed of in accordance with Hastings City Code, Section 2.63, Subd. 3. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TillS 7TH DAY OF JUNE, 2004. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) VI-13. June 3, 2004 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director RE: HRA Director employment agreement SUMMARY: The HRA's Executive Director is a position authorized by State Statue. The HRA board makes hiring decisions, defines the duties and sets the compensation. The HRA Director functions as the staff of the HRA. The HRA levy pays personnel costs, including 10% of one administrative assistant shared with other City departments. The HRA Director also functions as a member of the City staff, working with the other departments in the areas of industrial development and business subsidy, downtown redevelopment, housing maintenance and rehabilitation and historic preservation. The HRA's financial systems, accounting and personnel management are all handled by City departments and are subject to City policy. Prior to 2003, the HRA extended the Director's employment for three years at a time, and amended the 1985 agreement to conform with City changes in personnel matters. This agreement replaces all former modifications by defining the HRA Director as a regular full time exempt status employee as defined in the Personnel Policy without requiring the HRA to make periodic extensions of employment or specifically adopt future policy changes. ACTION: Approve the agreement and authorize execution by the City Administrator. The enclosed employment agreement has been reviewed by the City Administrator, City Attorney and City Clerk. The Housing and Redevelopment Authority has approved it. EMPLOYMENT AGREEMENT This agreement is made and entered into this _day of , 2004, by and between Housing and Redevelopment Authority in and for the City of Hastings (hereafter HRA), the City of Hastings (hereafter City), and John F. Grossman (hereafter Employee). 1. Recitals. A. The HRA and employee entered into a Main Street Project Manager Employment Agreement dated January 15, 1984. The HRA and employee then entered into a Project Manager/Executive Director Agreement dated September 26, 1985 and subsequent amendments changing duties, compensation, and other employment-related matters between the HRA, The City of Hastings and the Employee. Employment agreements as amended have remained in effect since January, 1984. B. On January 9, 2003 the HRA Board, adopted a motion changing the term of employment from a renewable employment agreement with a specified term to a renewable employment agreement defining the Employee as a regular full time exempt status employee as described in the City's Personnel Policy, with an unspecified term. The intent is that the term of the employment agreement will be governed by the City personnel policy and will not require specific extensions of an employment agreement. C. The parties now wish to document the changes to the employment agreement made since 1985 in one comprehensive agreement that replaces the 1985 and subsequent agreements. Now Therefore; it is agreed by the parties as follows: 1. Former agreements. The terms and conditions of the former agreements and amendments are replaced in their entirety by this Employment Agreement. 2. Job Description. The Employee agrees to perform the duties of Executive Director for the HRA, which duties are described on Exhibit A which is incorporated as part of this Agreement. HRA and Employee both acknowledge that these job duties may be changed from time to time at the discretion of the HRA. The Employee also agrees to continue to advise and assist the City in the areas of redevelopment and heritage preservation, with the approval of the HRA Board. 3. Employment Status. The Employee is a regular, non-union, exempt status employee with regards to terms and conditions of employment and qualification for benefits as described in the City of Hastings Personnel Policy. 4. Compensation. Employee's compensations shall be determined in the same manner as other regular non-union, exempt status employees. Currently that method is determined by a compensation schedule that has been approved by the City Council of the City of Hastings. Future changes in the compensation schedule (annual adjustments and periodic job evaluations) shall apply to the Employee subject to the written agreement of the HRA Board. The Employee's salary and benefits will continue to be administered by the City. 5. Term. Employee shall remain employed with the HRA and the City until Employee or HRA terminates the employment relationship in a manner provided for by the City of Hastings personnel policy for regular, non-union, exempt status employees. 6. Application of the City of Hastings Personnel Employee Manual. The provisions of the City of Hastings Personnel Employee Manual (hereafter "Personnel Manual") as it applies to regular non-union exempt status employees shall also apply to the employment relationship between the HRA and Employee as if the Personnel Manual was the manual of the HRA. It is the intent of both parties that the provisions of the personnel manual shall apply to all aspects of the employment relationship between the HRA and Employee to the extent that the provisions are not inconsistent with the terms of this agreement and with applicable Minnesota state law pertaining to Housing and Redevelopment Authorities. It is also the intent of both parties that any future changes to the Personnel Manual by the City of Hastings shall also apply to Employee, unless the HRA specifically provides in writing to the contrary 7. Entire Agreement. This agreement shall constitute the entire Agreement by the parties. This Agreement cannot be modified except in writing, singed by both parties. Housing and Redevelopment Authority In and for the City of Hastings By: Harold Birkeland, Chairperson Employee By: John F. Grossman, HRA Executive Director City of Hastings By: David M. Osberg, City Administrator HOUSING & REDEVELOPMENT AUTHORITY Job Description: Executive Director A. THE MISSION OF THE HRA The Hastings Housing & Redevelopment Authority ("Authority") is primarily responsible for redevelopment activities, while Dakota County CDA is responsible for essential public housing programs in the community. The Authority's goals are the rehabilitation and reuse of the existing buildings and the redevelopment of obsolete or blighted property in the City of Hastings for housing, commercial and public uses. The Authority, with Hastings City Council approval, uses tax increment, levy, and grant funds to attract private investment through redevelopment, rehabilitation and historic preservation programs and public improvements. The governing body ofthe Authority is the five-member board of commissioners, appointed by the Hastings City Council. The Executive Director is hired by and accountable to the board. The purpose of the position is to carry out the functions of the Authority in accordance with this mission. B. PRIMARY OBJECTIVES OF THE POSITION To foster productive relations with the community by representing the authority and by planning and working with individuals, organizations and public bodies, including the City of Hastings, to identify needs which may appropriately be met with authority resources. To serve as the professional resource to the board by advising on housing and redevelopment opportunities and problems and on statutes, procedures and regulations pertaining to authority activities, and by planning programs or projects for consideration. To assist the board of commissioners in meeting their responsibilities by keeping them informed of all authority activities, by requesting decisions in a timely manner, by providing background and analysis and by participating in board meetings. To carry out the board's policy and administer all authority operations, budgets and programs and evaluate their results. C. AREAS OF ACCOUNTABILITY 1. Authoritv Meetinl!:s Prepare meeting agendas, notices and informational materials. Serve as Secretary ex-officio by writing and keeping minutes. Report on current activities and projects. Advise Chair on public meeting requirements. 2. Financial Manal!:ement Propose an annual budget for the Authority and the City Council. Prepare financial analysis of proposals or projects under consideration. Research the most efficient uses oftax increment, levies, grant programs and other revenue sources. Manage all financial affairs ofthe Authority. Track and report authority income and expenses. Anticipate the effect of changes in real estate taxes, special assessments, and legislation. Manage expenditures using the City's finance and accounting procedures. Secure authorization for unexpected or unbudgeted expenses. 3. Pronerty Manal!ement Buy and sell property as authorized. Contract and supervise repair and upkeep. Negotiate sales and leases. Market redevelopment property. 4. Communications Keep the public and target groups aware of Authority programs and activities. Inform City Council, Authority, and staff of plans, events and issues. Network with individuals, organizations and other agencies to accomplish the Authority mission. Assist persons in need of housing assistance by directing them to the appropriate persons and programs. Record and report the progress of Authority programs and the current investment and market statistics. 5. Planninl! Evaluate proposals on their contribution to the goals ofthe redevelopment district plan and the objectives ofthe Authority. Arrange for the periodic evaluation of plans and goals with the commissioners and resource persons. Identify and determine feasibility of new concepts and tools to meet goals and objectives. Follow the intent ofthe annual Authority plan and budget. 6. Rehabilitation (imnrove. nreserve. and reuse existinl! buildinl!s) Promote rehabilitation and appearance improvement methods, goals and programs. Review proposed work for historic, design and financial issues and coordinate with Heritage Preservation, Planning, Building and other City staffs as necessary. Assist property owners with their rehabilitation design, financing and assistance programs. Recommend applications to the Authority and make payments according to program regulations when authorized. Assist property owners by suggesting sources of historic rehabilitation techniques, tradespeople and suppliers. 7. Redevelonment (facilitate new uses for blil!hted or obsolete nronerties) Identify prohlem and opportunity properties and seek new uses. Coordinate property owners, business owners and prospective developers. Research and provide information about local costs, markets, rents, and property values for prospects. Assess feasibility of proposals and appropriate need for and amount of public assistance for Commissioners. Negotiate redevelopment contracts and conditions required for public involvement. Assist developers through the public approval process. Monitor progress of projects through completion. 8. Public Improvements Identify needs related to redevelopment and housing and facilitate public involvement in determining solutions. When appropriate, coordinate with private developer(s). Work with staff, design professionals, contractors and developers to arrive at the most attractive, useful and cost-effective designs. Help develop project budget and revenue sources. Provide assistance during city and other governments' review process. 9. Mainstreet (downtown historic/commercial revitalization) Assist downtown business and property owners and the Chamber of Commerce with retention, expansion and recruitment of businesses. Encourage improved appearances and design of commercial areas. Coordinate the city's role in public events and promotion activities with business and property owners. Encourage tbe replacement of obsolete or inappropriate uses with new public and private uses fortbe buildings and spaces ofthe downtown neighborhood and riverfront. 10. Housinl! Assistance Provide information and contacts for Hastings residents in need of housing assistance. Identify needs not met, monitor available programs, and support and work with local housing organizations, in particular Dakota County CDA. As necessary plan and administer local housing assistance for special circumstances not adequately covered by existing programs. D. KNOWLEDGE, SKILLS AND ABILITIES 1. Minimum requirements are a Bachelor's Degree in Business, Housing, Public Administration, or related field, and four years experience in the administration of housing and redevelopment or economic development projects and programs. 2. Desirable: a working knowledge or familiarity with: Real estate records, valuation, finance and transfer procedures Redevelopment and public assistance programs, contacts, uses, laws and regulations Historic, environmental and zoning law, regulations and procedures Public works design and financing procedures Demographic, market, tax and retail sales sources and uses Public procedures of specification, bidding and administration of contracts Small business issues Zoning, urban design and historic preservation 4. Willing to work evenings and attend community activities wheB required by position 5. Able to communicate clearly in person and in writing bra/job-bra VI-14 Memorandum I To: From: Date: Re: Mayor Werner and City Councilmember6 Melanie Me6ko Lee, Admini6trative A66i6tant/City Clerk June 2, 2004 Application for Gambling Premi6e6 Permit-Ha6ting6 Downtown A66ociation at Creative Heart6, located at 112 Ea6t 2"" Street R"comm"nd"d City Council Action: Approve the attached Re6olution, waiving the 30-day waiting period for the Ha6ting6 Downtown A66ociation and authorizing the Ha6ting6 Downtown A66ociation tg conduct a raffle on September 18,2004 at Creative Heart6, 112 Ea6t 2'" Street, Back~rOlJnd: Application ha6 been received from the Ha6ting6 Downtown A66ociation to conduct a raffle for their organization on September 18, 2004 at Creative Heart6, 112 Ea6t 2"" Street in Ha6ting6, If Council 6hould approve thi6 application, the attached re6olution will be 6ent to the Minne60ta Lawful Gambling Board showing the City's approval to allow the raffle and al60 to waive the 30-day waiting period. The Gambling Control Board allow6 up to 5 Iicen6e6 of thi6 type to be i66ued to a nonprofit organization per year. The Councilla6t approved a Iicen6e for the Downtown BU6ine66 A66ociation in August 2000, June 2001, May 2002, and June 2003. Should you have any concern6 or que6tion6, plea6e do not he6itate to contact me. Attachm"nt. Re6olution-Waiving the 30 day waiting period for the Ha6ting6 Downtown A66ociation. CITY OF HASTINGS CITY OF HASTINGS RESOLUTION NO. 06- -04 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: JUNE 7, 2004 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 7th of June, 2004 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 06-_-04, waiving the 30-day waiting period for the Hastings Downtown Association, and authorizing the Hastings Downtown Association to conduct a raffle on September 18, 2004 at Creative Hearts, 112 East 2nd Street. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember its adoption: introduced the following resolution and moved RESOLUTION NO. 06-_-04 RESOLUTION WAIVING THE 30 DAY WAITING PERIOD FOR THE HASTINGS DOWNTOWN ASSOCIATION TO CONDUCT A RAFFLE WHEREAS, the Hastings Downtown Association has presented an application to the City of Hastings to conduct a raffle September 18, 2004 at Creative Hearts, 112 East 2nd Street; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to waive the 30-day waiting period; and WHEREAS, the application for Exemption from lawful Gambling license has been presented; NOW, THEREFORE, 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 Gaming, Gambling Control Division, showing the 30-day waiver and 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. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) VI-15 Memorandum TO: FROM: DATE: RE: Mayor Werner and Councilmembers Melanie Mesko Lee. Administrative Assistant/City Clerk June 2. 2004 Commercial Solid Waste Haulers License Application - Armor Roll-Off Services ReQuested Action: . Approve a Commercial Solid Waste Haulers License Application for Armor Roll-Off Services. 3291 Terminal Drive. Eagan, BackgrolJnd: Wayne Schmidt, on behalf of Armor. has made application for a commercial solid waste hauler's license application. All required paperwork and the required $250.00 license fee have been received. This license will be in effect from June 7, 2004 through December 31, 2005. Attachments: None; Application materials are on file CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06- -04 RESOLUTION APPROVING APPLICATION FOR ISSUANCE OF A COMMERCIAL HAULERS LICENSE FOR ARMOR ROLL-OFF SERVICES, LLC WHEREAS, Wayne Schmidt has presented application to the City of Hastings for a commercial haulers license for Armor Roll-Off Services to operate in Hastings, Minnesota; and WHEREAS, staff has received all necessary paperwork and a background check is being conducted by the Hastings Police Department; and WHEREAS, all City Codes must be complied with prior to the issuance of the hauler license. 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 approving the issuance of a commercial haulers license to Wayne Schmidt, d/b/a Annor Roll-Off Services for the period of June 7, 2004 through December 31, 2005. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 7th DAY OF JANUARY 2004. Ayes: Nays: Absent: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) VI-16 DAKOTA COUNTY DRUG TASKFORCE 2004 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for the enforcement of controlled substance laws in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minnesota Statutes ~471.59. NOW THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. The parties hereby establish the Dakota County Drug Task Force. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to apprehend .and prosecute drug offenders. 3. Members. The members of this Agreement shall consist of the following units of government: City of Apple Valley City ofBurnsville City of Eagan City ofFannington City of Hastings City ofInver Grove Heights City of Lakeville City ofMendota Heights City of Rose mount City of Savage City of South St. Paul City of West St. Paul Dakota County 4. State and Local Assistance for Narcotics Control Program. The City of Burnsville, acting on behalf of the Dakota County Drug Task Force and its members, shall apply for funding under the State and Local Assistance for Na.tjj:.otics Control Program ("grant funds"). The Bu.m.sville City Manager shall be the "authorized official" as dermed in the general policies and procedures for the program. 5. Administrative Board. 5.1 The governing board of the Task Force shall be constituted as follows: The police chief or sheriff of each party shall appoint one board member to serve at the chiefs or sheriff's pleasure. The Dakota County Attorney shall appoint one board member to serve at the County Attorney's pleasure. Board members appointed by the police chiefs and DAKOTA COUNTY DRUG TASK FORCE 1 2004 JOINT POWERS AGREEMENT sheriff must be full-time supervisory peace officers of the jurisdiction or office that appoints the Board member. 5.2 Board members shall not be deemed employees of the Task Force and shall not be compensated by it. 5.3 In January of each year, the Board shall elect from its members a chair, a vice- chair, a secretary/treasurer, and such other officers as it deems necessary to conduct its meetings and affairs. The Board may adopt rules and regulations governing its meetings. Such rules and regulations may be amended from time to time at either a regular or a special meeting of the Board provided that at least ten (10) days prior notice of the meeting has been furnished to each Board member. The Board shall operate by a majority vote of all members present. A quorum of two-thirds (2/3rds) of the members shall be required for all meetings. 6. Powers and Duties of the Board. 6.1 The Board will fonnulate a program to carry out its purpose. 6.2 The Board will coordinate intelligence between the members and the Task Force. 6.3 The Board shall appoint and supervise the Agent-in-Charge of the Task Force. The Board may appoint and supervise Assistant Agent(s)-in-Charge of the Task Force; this appointment will be with the concurrence of the agent's member agency. 6.4 The Board may cooperate with other federal, state and lo'tallaw enforcement agencies to accomplish the purpose for which it is organized. 6.5 The Board may make contracts, incur expenses and make expenditures necessary and incidental to the effectuation of its purpose and consistent with its power. 6.6 The Board shall cause to be made an annual audit of the books and accounts of the Task Force and shall make and file a report to its members which includes the following infonnation: (a) the financial condition of the Task Force; (b) the status ofall Task Force projects; (c) the business transacted by the Task Force; and (d) other matters which affect the interests of the Task Force. 6.7 The Task Force's books, reports and records shall be open to inspection by its members at all reasonable times. DAKOTA COUNTY DRUG TASK FORCE 2 2004 JOINT POWERS AGREEMENT 6.8 The Board may recommend changes in this Agreement to its members. 6.9 The members may not incur obligations or enter into contracts that extend beyond the term of this Agreement. 6.10 The Board will purchase liability insurance, which shall be payable from Task Force funds, and the Dakota County Drug Task Force may not take any actions under this Agreement until such liability insurance is in effect. 6.11 The Board may receive real or personal property by grant, devise or bequest for the use of the Task Force. 7. Finance. 7.1 The members intend to fund the cost of operation of the TaskForce from July 1, 2004 through December 31, 2004 totaling $157,238 as follows: (1) $125,790 representing grant funds, and (2) $31,448 representing matching funds from member cities and County. Matching funds shall fund the continued cost of maintaining the replacement officers for the full-time officer assigned by some members to the Task Force. Additional matching funds shall come from forfeiture funds, and $10,000 from the Dakota County Sheriff's contingent fund for drug and alcohol investigations. All funds will be spent in federally authorized program areas. 7.2 The Task Force's funds may be expended by the Board in accordance with this Agreement in a manner determined by the Board. The Board shall designate the City of Burnsville to act as depository for the Task Force's funds. In no event shall there be a disbursement of Task Force funds from the City of Burnsville depository without the signature of the Task Force Secretaryrrreasurer or Agent-in-Charge, or the Chairman in the absence of the Secretaryrrreasurer or Agent-in-Charge. 7.3 The Board shall receive a monthly financial report of all expenditures and receipts, and current fund balances from the Secretaryrrreasurer. 7.4 The members shall contribute their grant funds and required matching funds to operate the Task Force. The required matching funds will be used to pay the 2004 salary and benefits of the full-time officer hired to replace the officer assigned to the Task Force by some members. 7.5 The Board shall adopt a budget based upon grant funds, member matching funds and money made available from other sources. The Board may amend the budget from time to time. DAKOTA COUNTY DRUG TASK FORCE 3 2004 JOINT POWERS AGREEMENT 7.6 The Board may not incur debts. 7.7 The Task Force's obligation to reimburse members for any expense, furnish equipment and the like is contingent upon the Task Force receiving at least $125,790 in grant funds between July 1 and December 31, 2004. If grant funds less than that amount are received, the Board may reduce the level of expense reimbursement and cut back on equipment and other purchases otherwise required by this Agreement. 8. Agent. 8.1 Each member shall assign one experienced, licensed peace officer to serve on the Task Force as follows: City of Apple Valley City of Burnsville City of Eagan City of Farmington City of Hastings City ofInver Grove Heights City of Lakeville City of Mendota Heights City of Rose mount City of Savage City of South St. Paul City of West St. Paul Dakota County One (1) Full Time E~uivalent (FTE) One (1) FTE One (1) FTE One Seventeen-Hundredth (.17) FTE One Half (.50) FTE One (1) FTE One (1)FTE One Quarter (.25) FTE One Twenty-Hundredth (.20) FTE One Quarter (.25) FTE One Half (.50) FTE One (1) FTE Four (4) FTE 8.2 Agents shall not be employees of the Task Force. Agents shall remain employees of the member that has assigned them to the Task Force and shall be paid by that member, not the Task Force. 8.3 Agents will be responsible for drug investigation, including intelligence management, case development and case charging. Agents will also assist other agents in surveillance and undercover operations. Task Force agents will work cooperatively with assisting agencies. 8.4 Agents will be supervised by the Agent-in-Charge or, in his/her absence, by the Team Leader assigned by the Agent-in-Charge to act in hislher behalf. 8.5 The member appointing the Agent shall furnish the Agent a weapon, cellular phone, and a vehicle and pay any lease payments, insurance, maintenance and operating DAKOTA COUNTY DRUG TASK FORCE 4 2004 JOINT POWERS AGREEMENT costs of the vehicle. Further, the member appointing the Agent shall pay all expenses associated with tuition, travel, lodging and meals. 8.6 The members shall maintain the officer positions hired to replace the officer assigned to the Task Force, or maintain the Full Time Equivalent staffmg assigned to the Task Force as shown in 8.1. 9. Agent-in-Charge and Team Leader(s). 9.1 From the full-time Agents assigned by members, an Agent-in-Charge shall be appointed by the Board and serve at its pleasure. The Agent-in-Charge must be a full- time, licensed supervisory peace officer of a member. The Agent-in-Charge shall remain an employee of the member city or County. 9.2 The Agent-in-Charge shall be in charge of the day-to-day operation of the Task Force, including supervising the Task Force's assigned personnel subject to direction received from the Board. The Agent-in-Charge is responsible for staffmg, scheduling, case assignment, case management, record keeping, informant management, buy fund management, petty cash management and intelligence management. The Agent-in- Charge will be responsible to keep the Board updated as to the Task Force's activity, which would include major case development within member jurisdictions. The Agent- in-Charge will supervise the drafting and execution of all search warrants initiated by the Task Force Unit and will work cooperatively with the agencies with venue over the case. The Agent-in-Charge will be responsible for all buy fund monies and petty cash funds, and will provide Board members with a monthly accounting of all funds disbursed and a written summary of activity with the unit. The difference between the rate of pay the Agent-in-Charge would normally have received from the member agency and the rate of pay for the member's fl1'St-line supervisor will be paid by the Task Force. 9.3 The Agent-in-Charge may exclude Agents from further Task Force involvement subject to review by the Board and approval of the member that assigned the Agent to the Task Force. 9.4 From the Agents assigned by members, a Team Leader(s) may be appointed by the Board, with the concurrence of the Agent's member agency, and serve at the Board's pleasure. The Team Leader(s) must be a full-time, licensed peace officer of a member and shall be paid a supervisor's salary by that member agency only during that time that the Agent-in-Charge is absent. The difference between the rate of pay, if any, the Team Leader(s) would normally have received from the member agency and the rate of pay for the member's first-line supervisor, however, will be paid by the Task Force to the member agency. The Team Leader(s) shall remain an employee of the member city or County at all times. DAKOTA COUNTY DRUG TASK FORCE 5 2004 JOINT POWERS AGREEMENT 9.5 The duties, responsibilities and authority of the Team Leader(s), while the Agent- in-Charge is absent, shall be the same as the Agent-in-Charge as described in paragraph 9.2 herein. If there is more than one Team Leader, the Agent-in-Charge will assign one Team Leader to act as Agent-in-Charge while the Agent-in-Charge is absent. 10. Forfeiture, Seizures and Fines. Items that are seized by the Task Force shall be used to support Task Force efforts. The use and disbursement of these items must be approved by the Board. In the case of Federal forfeiture actions, established Federal Rules shall be followed. The Board may vote to divide all remaining forfeited items among Task Force members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. Fine and restitution monies ordered paid to the Task Force by Court Order shall be used to offset equipment or operating costs of the Task Force not funded by grant or matching funds. 11. Indemnification. Each member shall fully indemnify and hold harmless the other members against all claims, losses, damage, liability, suits, judgments, costs and expenses by reason of the action or inaction of its employees assigned to the Task Force to the extent not covered by insurance. This Agreement to indemnify and hold harmless does not constitute a waiver by any member of limitations on liability provided by Minnesota Statutes, Chapter 466. 12. Duration. 12.1 This Agreement shall take full effect on July 1,2004. All members need not sign the same copy. The signed Agreement shall be filed with the City of Burnsville, who shall notify all members in writing of its effective date. With the exception of paragraph 4 of this Agreement, implementation is also contingent upon receipt of grant funds. Prior to the effective date of this Agreement, any signatory may rescind its approval. 12.2 This Agreement shall terminate on December 31, 2004, unless extended by further written agreement of the parties. The State of Minnesota, Department of Public Safety has stipulated that all grant money received for the period of July 1 to December 31, 2004 shall be in an amount equal to 50% of the grant award in fiscal year 2003. Grant provisions beyond December 31, 2004 are currently under review by the State. 12.3 This Agreement may be terminated at any time by the written agreement of a majority of the members. 12.4 Upon tennination of this Agreement, all property of the Task Force shall be sold or distributed to the members in proportion to the Full Time Equivalent contributions of each member of this Agreement as set forth in paragraph 8.1 herein. DAKOTA COUNTY DRUG TASK FORCE 6 2004 JOINT POWERS AGREEMENT IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute ~471.59. Approved by the City Council CITY OF APPLE VALLEY By Date of Signature Attest Date of Signature Date Approved by the City Council CITY OF BURNSVlLLE By Date of Signature Attest Date of Signature Date Approved by the City Council CITY OF EAGAN Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF FARMINGTON Date By Date of Signature Attest Date of Signature Approved by the City Council CITY OF HASTINGS. DAKOTA COUNTY DRUG TASK FORCE 7 2004 JOINT POWERS AGREEMENT Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council Date Approved by the City Council DAKOTA COUNTY DRUG TASK FORCE By Date of Signature Attest Date of Signature CITY OF INVER GROVE HEIGHTS By Date of Signature Attest Date of Signature CITY OF LAKEVILLE By Date of Signature Attest Date of Signature CITY OF MENDOTA HEIGHTS By Date of Signature Attest Date of Signature CITY OF ROSEMOUNT By Date of Signature Attest Date of Signature CITY OF SAVAGE 8 2004 JOINT POWERS AGREEMENT Date Approved by the City Council Date Approved by the City Council Date Approved by Dakota County Board Resolution No. Dakota County Attorney's Office Dakota County Judicial Center 1560 Highway 55 Hastings, MN 55033 651-438-4438 DAKOTA COUNTY DRUG TASK FORCE By Date of Signature Attest Date of Signature CITY OF SOUTH ST. PAUL By Date of Signature Attest Date of Signature CITY OF WEST ST. PAUL By Date of Signature Attest Date of Signature COUNTY OF DAKOTA By Date of Signature Approved as to Fonn (Asst County Atty): By Date of Signature Approved as to Execution (Asst County Atty): By Date of Signature 9 2004 JOINT POWERS AGREEMENT VI-17. MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Approve Right of Way Acquisition Agreement - Armory Council is requested to authorize the acquisition of right of way for the 31 sl St. reconstruction project from the National Guard Armory. In the late 1970s, the City constructed a watennain and graded a drainage ditch for 31 sl St. across the Armory property. Later, a right turn lane was added, further encroaching on Armory property. The 31st Street reconstruction plans, including a lOft. wide trail on the north side of the street, continues the City's pattern of encroachment upon Armory property. Enclosed is a drawing depicting a 30 ft. wide strip of property to be acquired as 31st Street right of way from the Armory that would resolve all encroachment issues. Also enclosed is a drawing showing a 30 ft. wide temporary construction easement along the Spiral Boulevard side of the Armory that would be disturbed as part of the stonn sewer outlet construction for the 31st Street project. The storm sewer pipe would be installed within the Spiral Boulevard right of way, however ditch side slopes and excavation material would disturb the Armory property. I have enclosed a letter from Shawn Moynihan to the National Guard explaining the proposed right of way acquisition. The 31st St. benefits analysis appraised the Armory land value at $1.35 per square foot. The City needs to acquire 17,977 square feet of right of way along 3ls1 Street, which would total $24,268.95. The Armory assessment for the 31 sl St. reconstruction would be $7,301.25, resulting in a net payment to the National Guard of$16,967.70 to acquire the right.ofway. The Spiral Boulevard temporary construction easement is proposed to be acquired by a license agreement that would expire in 2005. The license would be granted to the City at no charge. COUNCIL ACTION REQUESTED Council is requested to authorize the acquisition of right of way for the 31 sl Street reconstruction project from the National Guard Annory at a cost of$16,967.70 and to approve the license agreement for the Spiral Boulevard temporary construction easement. crn' OF HASTIN6S Donald J. Fluegel' Shawn M. Moynihan Daniel J. Fluegel FLUEGEL & MOYNIHAN PA Attorneys At Law 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 May 10, 2004 LTC John Brossart Department of Military Affairs Y!?t~SetYice.B~ilding Attenflon: MNA G - SJA - Jultn Erusliart 20 West 12ch Street St. Paul, MN 55155-2098 COPY Re: City of Hastings - Minnesota National Guard Armory Real Estate Transaction Dear LTC Brossart: As you know, the City of Hastings is improving 31" Street which lies south of the Minnesota National Guard Annory in the City of Hastings. As part of that improvement, the City wishes to construct a pedestrian trail along the south part of the Armory's property. The City is seeking to purchase a 30 foot strip ofland along the southem edge of the Armory property. Additionally, the City is making improvements on Spiral Boulevard which lies along the north edge of the Annory property in Hastings. With respects to that construction, the City is seeking to obtain a temporary license to be used on a tempomy basis during the construction process. Nothing will be constructed within the Annory's property but the City will need the ability to do some regrading of the existing ditch as part of the construction work on Spiral Boulevard. 'J:'.o,,~plish all of this, I am enclosing the. following documents for your. review and consideration. First, r am enclosing a copy of the boundary survey of the Annory property which shows the proposed trail and construction work on the south end of the Armory parcel. This same drawing also shows the northem boundary of the Annory property. On the right side of the survey is the proposed legal description for the 30 foot strip ofland the City seeks to buy from the state on the south edge of the Armory parcel. You will see the survey has calculated that this strip ofland contains 17,977 square feet. This boundary also shows the northem edge of the Armory parcel. The land for which the City seeks a temporary license is not delineated on this survey but it will consist of the north 30 feet of the Armory parcel. You will see a cross-hatched area to the northeast of the Armory parcel. This cross-hatched area is not on the Annory property that is being shown for only infonnational purposes. ,-' ~ I am also enclosing, for your information, photocopies of two "pdf' files that were emailed to me by the City. If you would like, I can forward these on by email to you so that you can review them . Also admitted to practice in WISConsin ,_.._.._~ in color. The .first drawing shows the 30 foot strip of land that is to be covered by the temporary license the City seeks to obtain from the state. The second drawing is the construction drawing for the work that will take place in the 30 foot strip ofland on the south edge ofthe Armory parcel that the City seeks to buy from the state. k r'b Next, I'm enclosing a proposed Warranty Deed and Temporary License from the State to the City for the respective parcels. With regards to the Warranty Deed, I have set it up with the State of Minnesota as the Grantor. Our research at the county shows that the current fee owner of this parcel is the State of Minnesota. With regards to the temporary license, you will see that this is a temporary document that will expire automatically upon the earlier ofthe completion of the Spiral Boulevard improvements or December 31, 2005. It is not our intent to record this temporary license since it will expire by its own terms. ~nt1forLand. I understand Assistant City Engineer Nick Egger has been in contact with CPT Jo.OO Engels regarding the amount the City will pay to acquire this property. In essence, I believe the proposal is that the City will pay based upon the appraised value of the land, minus the proposed assessments to be assessed for the construction work on 31" Street. The City previously had an appraisal completed for industrial park property which is in this area. The appraised value of that land was $1.35 per square foot. Multiplying that by the total square footage of the land being acquired by the City, ie, 17,977 square feet results in a purchase price of$24,268.9S. The proposed assessment against the Armory parcel $7,301.25. This is calculated as follows. Since the Armory parcel is a corner lot, the City's assessment policy states that the property will be assessed for 25% of the front footage of the property abutting the City right-of-way. The accessible front footage for the Armory property has been determined by the City to be 147.5 feet. The city council has already approved an assessment rate for all properties involved in this project of $49.50 per front foot. Multiplying these two numbers together, results in an assessment to the Armory parcel ofS7,301.25. Subtracting the assessment from the purchase price results in a net purchase price of $16,967 .70. At the next city council meeting to be held on May 17, 2004, the city council will be asked to authorize a cbeck to be issued to the state for the net purchase price of$16,967.70. The City has awarded contracts for the construction of this work. The contractor will be looking to start construction very soon. I would appreciate any help yon could give us in expediting the review 1tI).d a~roval of this request. If there is anything further you need from me, please contact me. Likewise, tfyou oryoU' staff has any questions oaany ofth$edocuments, please let me.know. Very truly YOI1Ill, FLUEGEL & MOYNIHAN P.A. 4L..J/!1 Shawn M. Moynihan City Attorney SMM:ham Enclosures . ___ M_~__~ -- 9-M - WARRANTY DEED MiUer/Davll Co. D St. P.uI. MN 651-S42..HJ88 Corporation or Partnership or Limited Liability Company t.o Corporation. Partnership or Limited Liability Company No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. (0...) County Auditor by Deputy DEED TAX DUE: $ Date: FOR VALUABLE CONSIDERATION. The State nf MinneJInta (remved for reconIin& daIa) XI. _ under the taws of Grantor, hereby conveys and warrants to City nf H..t1"gs -- Grantee, a real property in m'milOlpallOnq>nration under the taws of Doknta County, Minnesota, described as follows: MinnP-c:nm See Exhibit A attached hereto and incoIpOrated herein to the same extent as if here set forth in full. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: Nt>11e ----- --- I ~eck box if applicable: 'I The Seller certifies that the seller does not know of any wells on the described reat property. A well disclosure certificate accompanies ibis document. I 0 I am familiar with the property described in ibis instrument and I certify that the status and number of wells ...0. n.. the described real property have not changed since the last previously filed well disclosure certificate. . . THE STATBOI' MINNESOTA ,.........;..... Affix Deed Tax Stamp Here By ----- }4 Its Adjntant O,.nPmtI STATE OF MINNESOTA COUNTY OF ~AMS'RY By Its This instrument was acknowledged before me on (Dale) by the Acljl'tant Oe""ra] of The Stat" nf Min"e."ta mid mid ---_.- ]il,_.._ i on behalf of the __.. State nf Mi"""",,'a \ ! _....ur.MPOIt$W;<<>a<Yrlm<.urUOIt....""'.. . I . under the laws of _ _,_ .._.- ...........__..^..~_.~~-_.... ---- --_.. EXHIBIT A Dakota County, M1nnesota T\iE SOlmi 3MO FEET Of' THE FOU.OWlNG DESCRIBED PROPERlY: - - COMMENCING AT THE SOUT1iEAST CORNER OF THE SOI.I1'HWEST QUARJ'ER OF SECTION 34, TOWNsHIP 11:5, RANGE 17 ACCORDING TO THE GOVERNMENT SUIM:Y THEREOf'; THENCE Salmi 89 DEGREES 35 MiNUTEs 36 SECONDS WEST ASSUMED BEARING AlONG THE SOlmi UNE OF SAID SOU1HWEST QUARTER FOR A DIStANCE OF 318.60 FEET: THENCE . NORTH 00 DEGREES 00 MINUTES 11 SECONDS WEST FOR A DISTANCE OF 33.00 FEET TO THE POIWI' OF IlEGlNNING: THENCE SOUTH 89 DEGREES 35 MINUTES 36 SECONDS WEST PARAUEL TO SAID SOUTH UNE OF THE SOU1HWEST QlIAA'IER FOR A DISTANCE Of' 598.60 FEET TO THE E'AS'TERlY RIGHT OF WAY UN( OF STATE TRUNK HIGHWAY NO. 316; THENCE NORTH 28 DEGREES .fa MINUTES :54 SECONDS WEST ALDNG SAID E"ASTERLY RIGHT OF WAY UN( OF STATE.1RIINK HIGHWAY NO. 316 FOR A DISTANCE OF 353.64 FEET TO ..+.SO\!THERJ,.y+.~.,Of'WAY.UNE OF"'SPlRAl..BOUI.E.VARD; THENCE NORTH 61 IEGREES 19 . .M1N1.ittS 06 SECONDS I:AST AlOOG SAID SOUTHERLY RIGHT OF WAY UNE OF SPIRAL BOUlEVARD 'FOR A DJSTANCE Of' 546.92 FEET: THENCE SOUTH-26 DEGREES 43 MINUTES 39 SECONDS EAST FOR A DISTANCE Of' 837.57 FEET TO POIWI' Of' BEGINNING AHD THERE TERMINA11NG. COWl'AlNING 17977 SQUARE FEET OR 0.41 ACRES l TEMPORARY LICENSE AGREEMENT THIS A.GREEMENT is made by and between the State of Minnesota, as Licensor, and the City of Hastings, a llLfinnesota Municipal COIpornnon, as Licern;~. Recitals. A. The State of Minnesota is the owner of real estate in Dakota County, Minnesota, described below and which hereafter will be lefelled to as "Subject Property": See AttllChed Exhibit Alor Legal Description B. The City of Hastings is constructing improvements to that part of Spiral Boulevard which abuts the Subject Property on the north side. C. To facilitate the construction of the improvements to Spiral Boulevard, the City needs to acquire fi:om the State the right to temporarily use the Subject Property for construction pUlpOses. D. The State is willing to grant the City a temporaxy license subject to the following tenns and conditions: SPECIAL CONDITIONS 1. This license grants the right of specific use of the Subject Property and imposes obligations and responsibilities in exchange for use of the property. This document is neither a lease nor an easement, and the Licensee agrees that it shall not claim at any time .any interest or estate of any kind or extent whatsoever in the Subject Property, by virtue of this license or its occupancy or use thereof. 2. Licensee shall have the right to use the Subject Property for the pUlpOses of excavation and grading of the Subject Property as may be necessary for the installation of utility lines in the adjacent Spiral Boulevaxd right-of-way and the restoration of said street and to otherwise use the Subject Property as may be necessarj to assist i1'1 the installation of utility lines \vithin the Spiral Boule','ardright- of-way. ...._~~.__.._...---...._,.,..,.~. Dated: Dated: (SEAL) ~ 3. The Licensee agrees to defend and save t.':1e Licensor ha:rm1ess from any claims, demands, actions or causes of action arising out of any negligent act or out of any negligent omission on the part of the Licensee, its agents, servants, employees or members in relation to the use of the Subject Property for the puxposes as outlined in this Agreement. 4. Licensee agrees not to assign any of its interest, duties or responsibilities under this Agreement without the prior written approval of the Licensor. 5. Licensee agrees that when it is done using the Subject Property for the puxposes outlined in this Agreement, it will restore the Subject Property to a condition that existed prior to the Licensee doing any work on the Subject Property. 6. TIlls License shall terminate upon the completion on the improvements being made to Spiral Boulevard by Licensee or December 31, 2005, whichever shall occur first. Upon the occUlTence of either of the two events listed in the preceding sentence, this license shall automatically terminate without any further action by Licensor or Licensee. 7. This License is granted as of ,2004. LICENSOR: State ofMumesota By: lis: Adjutant General CITY OF HASTINGS A MU1Iicipal Corporation By: Michael D. Wemer, Mayor By: Melanie Mesko Lee, Administrative Assistant/City Clerk _._...,.,',."...~._,..,.,.,.. -""....-,,- ACKNOWLEDGMENT STATE OF MINNESOTA) )lili. COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this _ day of 2004, by . the Adjutant General of the State of Minnesota. Notaxy Public ACKNOWLEDGMENT STATE OF MINNESOTA) )SIi. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of . 2004, by MichaeJD. WernerandMehmieMesko Lee, the Mayor and Administrative AssistantlCity Clerk of the City of Hastings , a Minnesota Municipal Corporation. Notaxy Public THIS INSTRUMENT DRAFTED BY: FLUEGEL & MOYNIHAN P.A. 1303 South Frontage Road, Suite #5 Hastings, MN 55033 651-438-9777 (SMM) ......-,----..-.-.---- ~ EXHIBIT A Dakota County, Minnesota The north 30 feet of the following described parcel: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION :34. TOWNSHIP 1-1$. RANGE 17 ACCORDING TO THE GOVERNMENT SUR\!EY THEREOF: THENCE SOUTH 89 DEGREES 35 MINUTES 36 SECONDS WEST ASSUMED B~NG ALONG THE SOUTH UNE OF SAID SOUTHWEST QUARTER FOR A DIStANCE OF 318.60 FEET; THENCE NORTH 00 DEGREES 00 MINIJI'ES 11 SECONDS WEST FOR A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING: THENCE SOlITH 89 DEGREES 35 MINUTES 36 SECONDS WEST PARAU.a TO SAID SOUTH UNE OF THE SOUI'HWEST QUARTER fOR A DISTANCE Of' 598.60 FEET TO THt fASTERLY RIGHT OF WAY UNE' OF STATE 'TRUNK HIGHWAY - NO. 316; THENCE NORJ!'I_~..DEGREES.fa\~,,~$E:C9NDSWEST ALONG SAltlEASTERLY RIGHT OF WAY ONEOf"'STA1E-TRUIII< ~NO;316FORA DISTANCE OF 353.64 FEET TO - SOUTHERLY RIGHT OF WAY UNE OF SPIRAL 8OUlEVARD; THENCE NORTH 61 DEGREES 19 MlNIJI'ES 06 SECONDS- EAST ALDNG SAID SOUTHERLY ~GHT OF WAY UNE OF SPIRAl BOUlEVARD FOR A DISTANCE Of' 548:$2 fEET; THENCE SOlITH 28 DEGREES 43 UINUTES 39 SECONDS EAST FOR A DIStANCE OF 637.57 FEET TO POItlT Of' BEGINNING AND THERE TERMINATING. EXCEPTING THE SOUTH 30.00 fEET THERE OF. - CONTAINING 250123 SQUARE FEET OR 5.74 ACRES z o 1= -0 !Q<( ::> c~ 000 w.;:'" U1 . 000 o..ZII 0.;: IZ ..J u... 0.. '-If) 0- u... Z- OWN .;:::110 W~... IZ .;:!'- <( W::: o L.() o 1'0 ! I u o 1'0 o L.() N o o N -S t I I, if' j ~;0 !\ \/ / /' / , , ! I I I -)-- ~ , , /" / /" // "'........"... (')~ S1~ f.I'):'I> ;;]0 C '1 r1 ~ -Ir; t,; :: Z1J _0 '-':;0 ~t> (1)'41 fT!..." " 1"'1 Z -; ~ '\ ". . .n, VI-18 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Interim Parks Superintendent Appointment Recommended Citv Council Action It is recommended that the City Council take action authorizing the appointment of Kevin Smith to the position of Interim Parks Superintendent, effective July 16, 2004, and authorizing movement to Step G of the Parks Superintendent Compensation schedule, which will result in a monthly compensation adjustment of approximately $558.03 per month. Backaround At the same time the City is in the process of hiring a person to serve as the new Parks and Recreation Director, Staff is also making interim plans to fill the vacancy that will occur as a result of the pending retirement of Parks Superintendent Lee Erickson, scheduled for July 16. Current Forest Kevin Smith and I have had several conversations regarding his interest in serving in the role of interim Parks Superintendent, and he has agreed to assume the role_ The expectations that he and I have agreed to in principal include: a,) Adjustment to the wage rate as referenced above. b.) During the interim period, Kevin Smith would remain outside the Union, and once the interim period ends, he would return to the Union with the same rights, privileges, and standing that he had prior to his assuming the duties of interim Parks Superintendent. c.) Kevin would have the same job description and duties as currently exist for the position of Parks Superintendent. The end date of the interim assignment is not completely known. With a Parks and Recreation Director hiring, Staff will work with the new person and City Council to determine the best job description and duties. Be assured, the expectation is that the vacancy will be filled; just uncertainty at this time what its duties and description will entail. As a result of the vacancy, the Parks Department will be short staffed for a period of time. While the Parks Department is an excellent Staff with many talented individuals, the fact of the matter is that they will have fewer numbers, combined with a newly appointed Parks and Recreation Director. There may be some tasks that have to wait. Staff reviewed this proposal with the Administrative Committee at its meeting on May 7th, 2004 2i;ii~ David M. Osberg __ 7 City Adminis~r~r // /' K . &.S/ .th cc. eVln ml VI-19 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 2, 2004 Rivertown Days Rodeo Event Recommended Citv Council Action The City Council is asked to take action authorizing the utilization of the City property on the Lake Rebecca side of the Lock and Dam road, in the area where the camival was once held, to allow for a rodeo during Rivertown Days. Backaround Michelle Jacobs, President of the Hastings Area Chamber of Commerce and Tourism Bureau has prepared the attached letter regarding the request to conduct the rodeo on the City property. All of the necessary insurance documents will be received and processed similar to other RTD events, and incorporated in the master RTD agreement. The purpose of placing this before the City Council now, is to assure approval, before final plans are completed. Staff discussed this at a regular meeting and has no objection to the event being conducted at the requested site. ~ Ee " ~ " ~ u 4-; 0 b OJ) ] Ei ~ 0 w oj J " .\J gj i ,.10 " ~ gj :r1 . t-- " cr> -:5 ~ <:<1 .s ~ --0 gji ;:: ,.:. 0 If.) g ~ Jr ~ . "." ~ ~ .S ~ --0 gji ~ ,.:. ~ ...; . p. ,S< M M W <:<1 w ~ M c6 c<:J 0 " If.) 110 -:5 ~ S , ] "' , OJ) :B w ~ w oj P :r1 ...r ';:I w ~ ~ t 0 ~ u ] U) --0 ,01 P ~ M M M ne 2, 2004 Mayor Mike Werner and Hastings City Council Members Hastings City Hall 101 East 4th St. Hastings, MN 55033 Dear Mayor Werner and Council Members: As in previous years, the Hastings Area Chamber of Commerce & Tourism Bureau will be submitting a Rivertown Days agreement to the City Council for the July 6, 2004 meeting, There are some new events, in which, Dave Osberg and I felt you would like some advance notice. First, there is a bike ride on Sunday morning. There are two routes, both start in Wilson Park. The Tour de Hastings ride runs throughout the City of Hastings using the bike trails. The goes out to the rural area and returns. Chief McMenomy, Marty McNamara and Lee Erickson have all reviewed the routes and foresee no problem with this event. AI Ploeger from First National Bank is coordinating the event and all proceeds benefit Project Share. The second new event is a rodeo. I was approached a couple of months ago by Rob Steinke and he wants to hold a rodeo on the Lake Rebecca side of the Lock and Dam Road. We measured the area and determined that it was large enough for their needs. Dave Osberg reviewed the site and it is not within the boundaries of the land donated by Koch. I am waiting for insurance information and the individual's name that will be coordinating the event. Mr. Steinke is working with an overall event coordinator and will be finding his own sponsors. We are requiring a certificate of insurance naming the City of Hastings and the Hastings Area Chamber of Commerce & Tourism Bureau as additional insured. An admission fee to the rodeo would be charged. They are lowering the normal admission fee to take into account the need for a Rivertown Days button to get into the park. If you have any questions or concerns about either of these events, please feel free to contact me at 651-437-6775. Any other new events are taking place on private property and should not affect the City. Michelle Jacobs resident Hastings Area Chamber of Commerce & Tourism Bureau cc: Dave Osberg, City Administrator Melanie Mesko Lee, City Clerk Shawn Moynihan. City Attorney ~~..y/~&9' ~ ~.~a~5.~ ~ 8'E~~~; Q:j -'cn:::Eo..mi! I ';' ~.i: ~ N"'~~8';;; 2 f~'::'-2.z;C .. 111....11)"" I- m o..~_ @-e . .;: 1I5~':.!!u::e .~ ~~~~~<~ ~ . ~. u":1! ~ 8 ~~~CI~;:: ~ %(1) .5 >.~ .djO i= 0(12.1:1 0 .. 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TO: FROM: DATE: RE: Mayor Werner and City of Hastings Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk June 2, 2004 Massage Therapist License Council Approval Reaueeted: Approval of a Massage Therapist License for Katie Lucking to operate as a licensed massage therapist at Lilypad Day Spa, 206 Sibley Street. Backaround Information: Kristen Layman has made application for a massage therapist license, to be operated out of Lilypad Day Spa, 206 Sibley Street. All application materials have been submitted and a background check is being conducted by the Hastings Police Department. If approved, the license will be in effect through December 31, 2004. If you have any questions, please do not hesitate to let me know. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 05_-04 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING MASSAGE LICENSE FOR KATIE LUCKING WHEREAS, Katie Lucking has made application for a massage therapy license; and WHEREAS, Ms. Lucking proposes to work at Lilypad Day Spa, 206 Sibley Street, Hastings; and WHEREAS, Ms. Lucking is having a complete background investigation conducted by the Hastings Police Department. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; That the Mayor and the City Clerk be authorized to sign a license authorizing Katie Lucking to operate as a licensed massage therapist for the period of June 8-December 31, 2004 at Lilypad Day Spa, 206 Sibley Street, Hastings, upon successful completion of a background check, inspection of the site by the Fire Marshal and payment of all applicable fees, unless revoked by the City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6th DAY OF JUNE, 2004. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative Assistant! City Clerk (SEAL) VII-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7,2004 Subject: Public Hearing - Rezoning/Preliminary PlaVFinal Plat #2004-19 - Williams 2nd Addition - southwest corner of Whispering Lane and Featherstone Road - John Wesley Investments. REQUEST Jon Wesley Investments seeks the following approvals for Williams 2nd Addition, containing 1.394 acres located southwest of Whispering Lane and Featherstone Road: 1) Rezoning from A - Agriculture to R-3 - Medium High Density Residence (Block 1 only). First reading of the ordinance amendment was held on May 17, 2004 2) Preliminary Plat to subdivide 5 single family lots. 3) Final Plat to subdivide 5 single family lots. RECOMMENDATION The Planning Commission voted 6-0 to recommend approval of the rezoning, preliminary and final plat at the May 10, 2004 meeting with limited discussion. During the public hearing one resident spoke requesting an additional conservation easement along the west property line. One email opposing the rezoning was received (attached). John Swanson of 1350 Featherstone Road is concerned that the rezoning would give the builder the ability to construct multiple family dwellings. Staff has supported the R-3 designation because it is similar to other single family dwelling adjacent to the site, and that the property is being platted for single family development. ATTACHMENTS . Ordinance Amendment - Rezoning . Resolution - Preliminary and Final Plat . Location Map . Preliminary/Final Plat . Email from John Swanson . Application HISTORY Planning Commission Review - March 24, 2003 On March 24, 2003 the Planning Commission voted 6-0 to recommend approval of the rezoning and subdivision request subject to a number of conditions including resolution of a discrepancy involving the most western property boundary of Block 2. The property line issue has since been resolved. Since one year has passed since Planning Commission review of the proposal, the process was restarted with notification to surrounding property owners and Planning Commission Review. BACKGROUND INFORMATION Comprehensive Plan Classification The property is guided U-II in the 2020 Comp Plan, and is served with MUSA. The proposed lot size is consistent with other single family lots in the area. Zoning Classification The most western lot along Featherstone Road (Block 2) is currently zoned R-3 Medium High Density Residential. The four lots of Block 1 abutting Whispering Lane are zoned A Agriculture and are subject to a rezoning request to R-3. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use North Featherstone Road Single Family Res. East Whispering Lane Single Family Res. South Vacant (90 units approved) West Single Family Res. Zonina Comp Plan R-3 - Med High Dens R-3 - Med High Dens U-II- Mad. Res U-II- Med Res R-3 - Med High Res A-Agriculture U-II- Med Res U-II- Mad Res Existing Condition The existing site has is vacant with many mature trees. Topography slopes down approximately 10-15 towards Whispering Lane & Featherstone Road. REZONING REVIEW The applicant seeks rezoning from A - Agriculture to R-3 - Medium\High Density in order to subdivide four single family lots along Whispering lane. The R-3 zone allows for both single and multiple family development. The two developments abutting the site (Williams 1st Addition and Featherstone Ridge) are both zoned R-3 and incorporate both single and multiple family developments. The developer has presented a plat that would be exclusively single family. The proposed zoning classification is consistent with the Comprehensive Plan and other residentially zoned property in the area. PRELIMINARY/FINAL PLAT REVIEW Existing Conditions The proposed plat involves the replatting of 2 separate parcels. The west parcel is currently an outlot of Williams 1st Addition. It must be replatted as a lot before it can be considered a buildable lot. The east lot, adjacent to Whispering Lane, was never platted. The applicant is proposing to divide the existing lot into 4 lots fronting on Whispering Lane. Tree Plan Portions of the site are heavily wooded. The applicant has submitted an inventory of existing significant trees (those over 6" in diameter) proposed from removal. The applicant would not mass grade the site, but would custom grade each lot to the specific home style in order to preserve as much of the existing trees as possible. The City Forester has reviewed the project, and the following issues must be addressed. 1) Trees to be preserved must be clearly documented on the Tree Preservation Plan and an orange snow fence must be installed around all trees identified for preservation prior to commencement of any grading on site, and shall the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. 2) Replacement trees must be shown on the plan and planted consistent with the City's Tree Replacement schedule. Access and Circulation There are no public improvements proposed with this plat. The west lot (proposed Lot 1, Block 2) will be required to have an increased setback (35' versus 20') and a hammerhead driveway design. This is required because Featherstone Road is considered a major collector street and the hammerhead design allows vehicles to back out of the garage and turn around before pulling out of the driveway. The east lot (proposed Lots 1-4, Block 1) will all have driveway access to Whispering Lane. Driveway access to Featherstone Road for Lot 1, Block 1 is not permitted. Grading, Drainage, and Erosion Control Plan The Grading, Drainage, and Erosion Control plan has been forwarded to BDM Engineering for review and comment. Review comments must be adequately addressed before the plat is scheduled for final review by the City Council. Grading, Drainage, and Erosion Control plan approval must be obtained by the Public Works Director as a condition of Plat approval. Utilities The Public Works Department has conducted a cursory review of the utility plan. There are currently 3 utility stubs along Whispering Lane, one additional stub will be needed. All utilities are available from the public right of way. Pedestrian Access There are no pedestrian access improvements as a part of this plat. Public Land Dedication The Natural Resources and Recreation Committee recommended the following at the March 19,2003 meeting: 1) Cash in lieu of land in the amount of $11,000 ($2,200 x 5 lots) shall be paid to satisfy park dedication requirements. Payment must be made before release of the Final Plat Mylar for recording. Interceptor Sewer Fee Sewer interceptor fees are payable prior to the release of the final plat. The fees for this plat are $1,675.00 ($335 times 5 lots). Landscape Plan A landscape plan will be required to identify boulevard tree plantings every 50 lineal feet along right-of-ways. Builders will also be required to plant a front yard tree for every unit. The following additions are needed to comply with minimum requirements: 1) All boulevard and front yard trees must be a minimum of 2.0 caliper inches at time of planting. 2) One front yard tree is required to be planted within 10-15' of the right-of-way line per lot. ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings as follows: Subdivision 1. The following legally described property generally located southwest of the intersection of Featherstone Road and Whispering Lane is hereby rezoned from A - Agriculture to R-3 Medium Density Residence: That part of the NE \4 of Section 29, Township lIS, Range 17, Dakota County, Minnesota, described as follows: The North 333.00 feet of the East 117.00 feet of the West 352.20 feet of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 North. Range 17 West, EXCEPT that part of the south 333.00 feet of said Northeast described as lying easterly of the westerly right of way of Whispering Lane as dedicated in the Plat of WILLIAMS FIRST ADDmON, and which lies westerly of the west 352.20 feet thereof. All remaining sections of the City Code shall remain unchanged. ADOPTED BY THE CITY COUNCIL TIDS 7th DAY OF JUNE, 2004. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant! City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of June. 2004, as disclosed by the records of the City of Hastings on file and of record in the office, Melanie Mesko Lee, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE PRELIMINARY PLAT AND FINAL PLAT OF WILLIAMS 2ND ADDITION A FIVE LOT SINGLE F AMIL Y RESIDENTIAL SUBDIVISION GENERALLY LOCATED SOUTHWEST OF FEATHERSTONE ROAD AND WHISPERING LANE, HASTINGS, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Jon Wesley Investments has petitioned for preliminary plat and final plat approval of Wll..LIAMS 2ND ADDmON, a five lot single family residential subdivision generally located southwest of Featherstone Road and Whispering Lane, legally described as follows: Outlot A, WILLIAMS FIRST ADDmON, Dakota County, Minnesota And all that part of the NE \4 of Section 29, Township 115, Range 17, Dakota County, Minnesota, described as follows: The North 333.00 feet of the East 117.00 feet of the West 352.20 feet of the Northwest Quarter of the Northeast Quarter of Section 29, Township 115 North. Range 17 West, EXCEPT that part of the south 333.00 feet of said Northeast described as lying easterly of the westerly right of way of Whispering Lane as dedicated in the Plat of WILLIAMS FIRST ADDmON, and which lies westerly of the west 352.20 feet thereof. And That part of the Northeast Quarter of Section 29, Township 115, Range 17, Dakota County, Minnesota which lies northerly and westerly of the westerly line of Lot 2, Block 1, WILLIAMS FIRST ADDITION and which lies westerly of the northerly and southerly extensions of the westerly line of Outlot A, said WILLIAMS FIRST ADDmON, all in Dakota County, Minnesota. WHEREAS, on May 10, 2004, 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 Preliminary Plat and Final Plat subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the preliminary plat and final plat of WILLIAMS 2ND ADDmON subject to the following: 1. Approval of the request to rezone property to R-3 - Medium\High Density Residence. 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. Final review of the stormwater plan. The developer shall be responsible for any costs incurred by the city as a result of consultant review of the stormwater plan. 5. Cash in lieu of land in the amount of $11,000 ($2,200 x 5 lots) shall be paid to satisfy park dedication requirements. Payment must be made before release of the Final Plat Mylar for recording. 6. Sewer interceptor fees of $1,675.00 ($335 x 5 lots) are payable prior to the release of the final plat mylars. 7. That the builders in this subdivision shall plant "boulevard" tIees according to the submitted tree plan and one front yard tree per lot. An escrow is required for any unplanted trees before a certificate of occupancy is issued. 8. An orange snow fence must be installed around all tIees identified for preservation on the Tree Inventory prior to commencement of any grading on site, and shall the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all tIees marked for preservation. 9. Replacement tIees must be shown on the plan and planted consistent with the City's Tree Replacement schedule. 10. One front yard tree is required to be planted within 10-15' of the right-of-way line per lot. 11. Lot 1, Block 1 shall have driveway access to Whispering Lane, not Featherstone Road. 12. 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. 13. A ten foot conservation easement must be established along the western boundary of Lot 1, Block 2 to prohibit the construction of buildings and clearing of significant vegetation, 14. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 15. The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. 16. Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to issuance of certificate of occupancy. 17. 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. Ayes: _ Nays: _ Absent: moved a second to this resolution and upon being put to a 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 7th day of June, 2004, 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 . "C ~ C? "t'1aO:: s:::a::,S N~Q) (I) 0 s::: E" 0 CO It) N .- Q) - == r:t:: 3: - ~~~633;)6 :i:~ a::~ !5 I'~"'" ..~.O -0 c: ~ ~ t ....l ~ B ~ ~ 5 ~ 6 ~ . w U . g ~ ~ _ N ~ ~ ~ 0( u:. := ~ ci: ci: Ii cr: 0101 I I,.. i'lll ~ Z+. ~ c: o +=' ct:J U o ...J Q) ~ Cf) 1". ! -. = ,~ 1; ", , . IJ 111026 I ~ r !J I ~ t z Iii cq ~ZOUJ ~ u 5 ,11 ~ ,II ,~ l 11 ~ ZO I!! ~oi=:g '" i: U ; 'I I 'i . z! ~I' i !'J ~ nn !JjJ , . I,!!! S · ~ ~ 0 . 8 z ,! 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C) ::11: o 0 - 0 1= O::N" C W to ::11: 0.. o $! ~" C S!_ W - to 0::::11: wO.. 1-012 (/)0::" <(Co. ::11:W" to 000 "" o o ~ ~ <:> :z o u ~ .." = oJ' 0 v ~ IV ~ . a. .t:" ci- ci- .... V> .t:" :;: Sf V> V> ""'" X ... 0::> 0 ci- a .... ..... v - iU on on V> .... Vi Vi <D C "" r- on .... E E .6 Cl1 -.:> r- -.: .... Qj E 0 0 on 0 0 - ... OJ U ~ u 0 0 ~ v; V> 0 0 ~ co ~ := on co OJ u:: a.. .", u 0 '" Cl1 "P Vi C <1> .;:: u:: -.:> m 0::> '" C 0 <>-- ~ c ~ V> 0::> 0 -.p 8 ::s .;;; IV c -.:> u:: OJ 0 C C '" a> OJ ::::J E .'2 is .............1"': ~".f.~r. <v.t :) .-J'" w.. C)- ~~ <(':.. C)- '" C) z,. -0 z- 0::" o'b - "" o o ~ ~ 0- V> "" u: >- 0:: I- Z W z ~'" 0- I-i!" -- - C)';. z- -" >.. -0 -In C)'b z- -" ~1:. c- ,il" t" <.J ....f Murch JL/;dw3 P!U/JI! 11':3 (Q/YlIYIISSI0"1 9 31. The Final Plat shall be recorded with Dakota County within the City Council, or the approval is null and void. Upon vote taken: Ayes: 3, Nays: 2 abstaining. Motion carried : 1. Alongi and Truax dissenting, Twedt f 6. Jon Wesley Investments, Inc. - Rezoning\Preliminary Plat\Final Plat #2003-20 - Williams 2" Addition. Rezoning from A - Agriculture to R-3 - Medium\High Density Residence; preliminary and Final Plat of 5 single family homes - Southwest of Featherstone Road and Whispering Lane. Planner Jenson presented the background information. Vice-Chairman Greil opened the public hearing at 8:03 pm. Jon Whitcomb of Jon Wesley Investments stated that he met with the adjacent property owner, Mr. Harold Featherstone, regarding a potential lot line discrepancy. Mr. Whitcomb added that he has turned the matter over to his attorney for an opinion, and that he will share that opinion with Mr. Featherstone. He stated that he is confident the matter can be resolved. Vice-Chairman Greil asked Staff if the potential change in property line would require the west lot to have a variance. Mr. Wesley stated that the lot would still meet the standards of the district and would not require a variance. Harold Featherstone, 1803 Featherstone Road, stated that he has met with Mr. Whitcomb regarding the lot line issue and that they will work to resolve the matter. Hearing no other public comment, the hearing was closed at 8:12. Director Hinzman stated that clear title to the land would be required prior to platting of the property. Commissioner Truax expressed concern that with such a large lot, a future request for a subdivision could come up. Director Hinzman stated that such a request would require a private road system since there would not be a public access. Mr. Whitcomb added that he wouldn't anticipate such a request since the lot is long and narrow. Planning Commission Action: Commissioner Alongi moved and Commissioner Truax seconded a motion to recommend approval of the rezoning of the east lot from A Agriculture to R-3, Medium High Density Residence. 10 Upon vote taken: Ayes: 6, Nays: O. Motion carried. Commissioner Truax moved and Commissioner Twedt seconded a motion to recommend approval of the Preliminary and Final Plat to subdivide property into 5 lots is recommended subject to the following: 1. Approval of the request to rezone property to R-3 - Medium\High Density Residence. 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. Final review of the stormwater plan. The developer shall be responsible for any costs incurred by the city as a result of consultant review of the stormwater plan. 5. Cash in lieu of land in the amount of $4,250 ($850 x 5 lots) shall be paid to satisfy park dedication requirements. Payment must be made before release of the Final Plat Mylar for recording. 6. Sewer interceptor fees of $1,625.00 are payable prior to the release of the final plat mylars. 7. That the builders in this subdivision shall plant "boulevard" trees according to the submitted tree plan and one front yard tree per lot. An escrow is required for any unplanted trees before a certificate of occupancy is issued. 8. An orange snow fence must be installed around all trees identified for preservation on the Tree Inventory prior to commencement of any grading on site, and shall the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. 9. Lot 1, Block 1 shall have driveway access to Whispering Lane, not Featherstone Road. 10. Documentation combining Outlot A to adjoining property must be submitted to the City of Hastings prior to the release of any building permits for Williams 2nd Addition. 11. 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. 12. 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. 13. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 11 14. The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. 15. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. Upon vote taken: Ayes: 6, Nays: O. Motion carried. 7. Lyman Development Co. - Final Plat #2003-19 - Century Sou 4th Addition consisting of 5 multiple family lots (20 total units) - Northwest of ayes Drive and 36th Street. Planner Jenson presented background information on the reques . reviewed with the Commissioner Alongi asked if this preliminary plat. Planner Jenson stated that it was. Planning Commission Action: Commissioner Michno moved and Co recommend approval of Century South 5' the following conditions: issioner Twedt seconded a motion to Addition Final Plat to the City Council, with 1. The applicant shall be require to pay $325.00 per unit interceptor sewer charges, prior to the city releasing the inal plat hardshells. The interceptor sewer charge for this project totals $3,900.00 or 12 units. 2. That the landscaping be lanted according to the approved landscaping plan on file at City Hall. 3. Any Outlots shall be-platted before they can be developed. 4. Establishment 0 a homeowners association to maintain all common open space areas. The ho eowner's association documents shall be recorded as a part of the Final Plat. 5. The distur d areas of the site shall be maintained to the requirements of the City's property aintenance ordinance 6. Final proval of the development grading and utility plans by the City of Hastings. The pplicant shall be liable for any costs involved in consultant review of the plans. 7. E cution of a development agreement to memorialize the conditions of the plat and t establish any applicable escrow amounts to guarantee the completion of site plan ctivities prior to issuance of any building pennits. 8. Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. Page 1 of2 John Hinzman From: John Swanson [John.Swanson@genmills.com] Sent: Friday, May 07, 2004 4:36 AM To: John Hinzman Subject: RE: Williams 2nd Addition - Preliminary\Final Plat Rezoning Review John: First, thank you for notifying me personally regarding the rezoning of "Williams 2nd Addition". I did receive notification by mail, but I'm not sure I'll be able to attend the meeting. Therefore, I will give you my views via this e-mail. Regardless of the builder's submitted plans for this site, I don't understand why it's being proposed to rezone this property R3?? My understanding is that R3 would permit the builder, if he so chose, to erect multiple unit dwellings. I know he's submitted plans to build single family homes, but couldn't he change his mind at some point in the future; and, if the property is zoned R3, choose instead to build a multiple unit apartment complex? Given the relatively large attendance and decidedly negative opinions expressed at the last meeting (associated with the proposed 30 unit complex on Whispering Lane), I would think the Planning Commission would want to do all it could to ~uarantee to the residents of this area that nothin~ but single family homes could be built on the Williams 2nd Addition propertv, In summary, I'm vehemently opposed to the rezoning of Williams 2nd Addition from Agriculture to R3!! On another subject, I would like to discuss with the Planning Commission, and the Hastings Police Department, what can be done to reduce the traffic on Featherstone Rd; or at the very least, slow the traffic down. Mv wife and I are oavine aooroximatelv $4700/vear in orooertv taxes to. in effect. live on a freewav!! I'm not exaggerating when I say that one out of every three cars on Featherstone Rd is traveling in excess of 55 mileslbour!! This is the street my wife and I need to cross to get our mail!! What's really unbelievable is I rarely see the Hasting Police patrol this street, and have never seen the police when the kids are traveling to and from the High School. Hell -. the Police could park in my driveway and get a month's worth of moving violations in one day!! Please. any insight you can provide on this issue would be greatly appreciated!! Thanks again for giving me the opportunity to express my views via e-mail. Assuming I'm unable to attend Monday night's meeting, I would appreciate it very much if you would convey my opinions to your Planning Commission colleagues. John Swanson 1350 Featherstone Rd ----Original Message----- From: John Hinzman [mailto:JHinzman@ci.hastings.mn.us] Sent: Wednesday, May 05,200410:10 AM To: John Swanson Subject: Williams 2nd Addition - Preliminary\Final Plat Rezoning Review John I found your card and request for notification of future action when looking through the Williams Addition Review from last year. The Planning Commission will be reviewing the Preliminary\Final Plat and Rezoning of Williams Addition on May 10th, beginning at 7:00 pm at City Hall. The plans are nearly identical to last year, consisting of 5 single family home sites (4 on Whispering Lane, 1 on Featherstone Road). Please contact me with any questions. John Hinzman, AICP Planning Director 5/712004 VII-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 10th St. & Hwy 61 Project 2004-4, Street & Utility Improvement Program The feasibility report on the proposed 10th St. & Hwy 61 street and utility improvements was given to Councilmembers at the May 17th meeting. The public hearing is scheduled for the June 7th Council meeting. The lOth St. & Hwy 61 improvement project is a petitioned project that will require a simple majority of the Council to approve the project. PROPOSED IMPROVEMENTS The proposed 10th St. & Hwy 61 improvements involve 10th St. from Hwy 61 to Ramsey St., and Hwy 61 between 8th St. and 10th Street. The 10th St. improvements include: ~ widening to construct turn lanes ~ construction of center medians ~ decorative street lighting ~ burial of overhead utility lines ~ relocation of a traffic signal The Hwy 61 improvements include: ~ center median modifications to close the 9th St. access and lengthen the lOth St. and 8th St. left turn lanes ~ construction of a right turn lane into the Schoolhouse Square development ~ removal of abandoned watermain and services ~ replacement of watermain between 9th St. and the alley to the north FUNDING ANALYSIS As identified in the Feasibility Report, the Schoolhouse Square development is estimated to be assessed $564,000 of the total estimated $884,000 project cost. As per the development agreement, the development is pay all of the costs for decorative street lighting, burial of overhead utility lines, Hwy 61 street improvements, and abandonment of the 9th St. watermain. The City is funding 80% of the cost of widening 10th St. and relocating the traffic signal on the northeast comer of the 100. & Hwy 61 intersection. CQUNCIL ACTION REQUESTED Council is requested to adopt the resolution ordering the 10th 81. & Hwy 61 improvements, and adopt the resolution approving the plans and authorizing advertisement for bids. 2004 STREET AND UTILITY IMPROVEMENT PROGRAM Hastings, Minnesota Project No.: 2004-4 Location: 10th Stxeet and Highway 61 Improvement: Street, sanitary sewer, watermain and storm sewer reconstruction. Initiation: Petitioned project Owners Abutting: 1 Right of Way: The project will be constructed within th.l) existing right of way Feasibility: This project is feasible, necessary, and cost effective, and will result in benefits to the properties served. Completion: October 2004 FUNDING SUMMARY: 1.) TOTAL PROJECT COSTS: (Includes 10 % Contingencies, 11 % for Engr., Legal, Administxation, and Bonding Costs, 1 % assessment roll preparation, and 8% capitalized interest) $884,250.40 2.) FUNDING SOURCES: Assessed to School House Square Development City Contribution from Bonding Water Fund $564,227.34 $296,969.71 $ 23,053.35 2004 STREET AND UTILITY IMPROVEMENT PROGRAM Project 2004-4 10th SI. & Hwy 61 Assessment Analvsis: 1.) STREET ASSESSMENT Estimated Street Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11 %) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square 2.) WATERMAIN ASSESSMENT Estimated Watermain Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11%) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square 3.) SANITARY SEWER ASSESSMENT Estimated Sanitary Sewer Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11%) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square 4.) STORM SEWER ASSESSMENT Estimated Storm Sewer Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11%) Plus Assessment Roll Prep and Cap Interest (g%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square $507,277.75 $50,727.78 $558,005.53 $61,380,61 $50.220.50 $669,606.63 $279,448,36 $390,158,27 $24,553,50 $2,455.35 $27,008.85 $2,970.97 $2,430.80 $32,410.62 $23,053.35 $9,357.27 $5,957,75 $595,78 $6,553,53 $720.89 $589.82 $7,864.23 $6,507.27 $1,356.96 $13,106.00 $1,310.60 $14,416.60 $1,585.83 $1,297.49 $17.299.92 $11,014.08 $6,285.84 2004 STREET AND UTILITY IMPROVEMENT PROGRAM Project 2004-4 10th St. & Hwy 61 Assessment Analvsis: 5,) LIGHTING ASSESSMENT Estimated Lighting Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11 %) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square 6.) UNDERGROUND WIRING ASSESSMENT Estimated Underground Lighting Construction Plus Contingincies (10%) Assessable Construction Costs Plus Engineering. Legal, Admin and Bonding (11 %) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Project Costs Less City Participation Total Assessed Against Schoolhouse Square $70,000.00 $7,000.00 $77,000.00 $0.00 $6,930.00 $83,930.00 $0,00 $83.930.00 $61,000.00 $6.100.00 $67,100,00 $0.00 $6,039.00 $73,139.00 $0.00 $73,139.00 I 8TH ISTW I . tili ct ~ l I I -' 10THISTW N Proposed Project 2004-4 + 10tb St. and Hwy 61 Improvements 181 . 1.. :M. _ . .. --- VIII-A-1 CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR PROJECT No. 2004-4, 10TH ST & HWY 61 IMPROVEMENTS WHEREAS, a resolution of the City Council adopted the 17th day of May, 2004, fixed a date for a Council hearing on the proposed street reconstruction, storm sewer, traffic signal, street lighting and watermain improvements for the lOth St. and Hwy 61 improvement project, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 7th day of June, 2004, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improverent is hereby ordered as proposed in the feasibility report dated May 17, 2004. 3. The Hastings City Engineer is hereby designated the Engineer for this improvement and he shall prepare the final plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 71h DAY OF JUNE, 2004. Ayes: Nays: Michael D. Werner, Mayor A TIEST: Melanie Mesko Lee, City Clerk (Seal) VIII-A-2 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ApPROVING PLANS AND SPECIFICATIONS FOR PROJECT 2004-4, 10TH ST. & Hwy 61 IMPROVEMENTS, AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to a resolution adopted by the City Council on June 7, 2004, the City Engineer has prepared plans and specifications Project 2004-4, 10th St. & Hwy 61 Improvements. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; 1. Said plans and specifications prepared under the supervision of the City Engineer are hereby approved. 2. The City Engineer shall prepare and cause to be inserted in the Hastings Star Gazette and in the Construction Bulletin an advertisement for bids for the construction ofthe previously approved Project 2004-4, 10th St. & Hwy 6l Improvements in accordance with such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will opened and considered by the Council at 2:00 PM, Thursday, July 1, 2004 at Hastings City Hall, and that no bids will considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Hastings for 5%of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7TH DAY OF JUNE, 2004. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Cirl Clerk (Seal) VIII-A-3 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Approve Engineering Department Human Asset and Succession Plan The Administrative Committee met on May 7th to review the 2004 - 2009 Public Works Human Asset Strategic Plan. There will be significant turnover in the Public Works Department over the next few years. Of the three Department Heads; Engineering, Streets, and Utilities; one will be retiring at year's end and the other two have reached their Rule of 90 and are eligible to retire. In addition, an assistant supervisor will likely be retiring within a year, and two Engineering Technicians will be making retirement decisions within the next two to five years. This totals more than 25% of the Public Works work force and 75% of the Public Works supervisors. ENGINEERING DEPARTMENT City Engineer, David Gurney, will be retiring at the end of this year. In his second year with the City, Assistant City Engineer Nick Egger has shown himself to be a valued employee, demonstrating initiative, responsibility, an ability to learn quickly, and is always willing to take on new challenges and experiences. Nick is an employee that the City should not let get away as he seeks career advancement. ~ Acting City Engineer - Although Nick cannot test for his Professional Engineer's license until October of2006, his actions and work experience have proven that he is capable of heading the Engineering Department upon David Gurney's retirement. I am recommending that Nick be appointed Acting City Engineer, to be promoted to City Engineer upon receiving his Professional Engineering license. ~ Engineering Supervisor - With Nick promoted to Acting City Engineer, I am recommending that the City hire an experienced and skilled engineering technician to serve as Engineering Supervisor whose duties would include management of the annual street and utility improvement program and directing the activities of the Engineering Department technicians. ~ Summer Construction Help - If my above recommendations are adopted, in 2005, the City will have a new Acting City Engineer and a new Engineering Supervisor, along with another large street and utility construction project and continued new development - cm OF HASTIN6S requiring Engineering oversight. I have asked David Gurney if he would be willing to come back and work for the City during the construction season to break in the new Engineering Supervisor and to continue to mentor the Acting City Engineer, Nick Egger. Under this scenario, David would replace one of the consultant inspectors the City would nonnally hire to assist with the season's construction management and inspection, to be paid at a rate comparable to what the City is invoiced for its other consultant engineering technician construction managers and inspectors. ~ Ultimate Engineering Department Configuration - Upon the retirement of the Engineering Department's senior technician, and promotion of Nick Egger to City Engineer, I recommend that the City hire a new civil engineering graduate as Assistant City Engineer. The purpose of adding another engineer to the department is twofold; one - the additional engineer will be able to provide assistance and support for street and utility design and other Engineering Department functions and reduce the need for consultant engineering, and two - we are continuing to reload; training a replacement for the City Engineer should he leave or retire, and having coverage should the Engineering Supervisor leave or retire. ADMINISTRATIVE COMMITTEE RECOMMENDATION The Administrative Committee recommended adoption of the Public Works Human Asset Strategic Plan, including the promotion of Assistant City Engineer Nick Egger to the position of Acting City Engineer upon City Engineer David Gurney's retirement, and the hiring of an Engineering Supervisor civil technician to start work with the Engineering Department by December 1,2004. 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LtI .5 IZI g~ VIII-A-4 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Approve Job Description - Engineering Supervisor Council is requested to approve the enclosed Engineering Supervisor job description. ern' OF HASTINIIS CITY OF HASTINGS POSITION DESCRIPTION Position Title: Department: Reports To: Exempt: Normal Shift: Approved by City Council: Engineering Supervisor Public Works-Engineering City Engineer Yes 7:30 AM-4:OO PM Summarv This is an exempt position responsible for assisting the City Engineer with the preparation of plans and specifications for public works improvements and construction management and inspection of public works improvements. This position also will provide supervision and direction to the technical personnel in the Engineering Division and will assume Engineering Division supervisory responsibilities in the absence of the City Engineer. Essential Duties & ResDonsibilities . Assist the City Engineer with the supervision of Engineering Division technical personnel as assigned, including working with technical personnel to maintain efficient work habits, quality control, attendance and observance of work schedule starting times . Direct and participate in the work of technical employees engaged in the research, investigation, development, design and construction of a variety of engineering projects. . Direct the assignment of areas of responsibility to technical employees and organize workloads to meet completion schedule. . Assist in scheduling technical employees' availability to ensure proper operation of the department. . Assist the City Engineer in the preparation of plans, specifications, bid advertisements, contracts, feasibility reports, and preliminary studies. . Under the direction of the City Engineer, direct and participate in the inspections of all construction by the City, contractors and developers; ensures the accuracy of a1l-plans 1Itld confonnance with City design standards and policies. . Conduct all pre-construction conferences along with necessary follow-up, as directed by the City Engineer. . Assist in the preparation of public infonnational items to ensure that the public affected by city reconstruction projects is kept infonned. . Responsible for the accurate and timely calculation and preparation of assessment rolls for projects within areas of responsibility. . Maintain a calendar on acceptance of all public improvements, both City and developer projects. Coordinate inspections before the expiration of the maintenance bond, and ensure any necessary corrective actions are taken. City of Hastings Position Description: "Super Tech" Date: April 2004 Page 3 ofS . Perform engineering activities such as coordinating the updating of record plans and files, coordination of projects between other agencies, utility companies, developers, contractors and other City departments, particularly the Planning and Legal departments. . Assist with the management of and make recommendations for departmental computer needs including CAD and GIS system to ensure sufficient computer support to the department. . Assist the City Engineer with preparation and implementation of departmental budget. . Interpret City ordinances, State codes, and specifications for architects, contractors, developers, etc. . Keep accurate and timely records of public works projects. . Provide technical advice and assistance as required, and represent department in meetings, public forums and work groups. . Keep current and informed on all specifications, regulations, codes, construction practices and generally accepted engineering standards. . Regular attendance is required. . Performs other duties and assumes other responsibilities as apparent or as delegated. KnowIedee. Skills & Abilities . Working knowledge of the principles and practices of civil engineering as applied to the development, construction, and maintenance of municipal engineering projects. . Thorough knowledge of modem methods and techniques of civil engineering as applied to the design, construction, and maintenance of public works facilities. . Considerable knowledge of land and engineering survey systems, methods, and techniques. . Knowledge of the laws and regulations relating to the planning, construction, and operation of public works and utility facilities. . Knowledge of current developments and literature in the field of civil engineering. . Ability to enforce project design, construction specifications, and codes. . Ability to establish and maintain effective working relationships with officials, employees, representatives of other agencies and departments, and the general public. . Ability to plan, organize, supervise, and coordinate the work of several people. . Ability to express ideas clearly and concisely both orally and in writing. . Ability to prepare technical reports, correspondence, and memoranda. . Ability to proficiently utilize the computer system to perform engineering functions, and experience in computer-aided drafting, GIS (Arcview). . Working knowledge of maps, assessment methods, construction procedures, material, equipment, and surveying. City of Hastings Page 4 of 5 Position Description: "Super Tech" Date: April 2004 Criteria to Qualify for this position: . Two yeax Civil Engineering Technician degree. . Five yeaxs of municipal street and utility construction management, inspection, and plan review experience. . Valid drivers license and a good driving record . Good verbal and written English communication skills Desired Qualifications: . Ten or more yeaxs of municipal street and utility construction management, inspection, and plan review experience, with at least three yeaxs of supervisory experience. . Additional post secondary educational experience beyond the required two yeax Civil Engineering Technician degree. Compentencies Common to An Citv Positions: . Develop and maintain a thorough working knowledge of all departmental and applicable City policies and procedures in order to help facilitate compliance with such policies and procedures by personnel. . Demonstration, by personal example, of the service, excellence, and integrity expected from all staff. . Develop respectful and cooperative working relationships with co-workers, including willing assistance to newer staff so job responsibilities can be performed with confidence as quickly as possible. . Confer regulaxly with and keep immediate supervisor informed of all important matters which pertain to the applicable job functions and responsibilities. . Represent the City of Hastings in a professional manner to the general public and outside contacts and constituencies. Able to conduct public speaking engagements. Phvsical Demands: The physical demands described here axe representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is regulaxly required to drive, sit, talk and/or hear, stand, walk, use hands to finger, handle or operate objects, tools or equipment; reach with hands and arms; climb or balance; stoop, kneel, crouch or crawl; taste and smelL Good hand-eye coordination is necessary to operate computers, survey equipment, and various pieces of office equipment. While performing the duties of this position. the employee is occasionally required to lift up to 40 pounds and/or move up to 90 pounds. City of Hastings Position Description: "Super Tech" Date: April 2004 Page S ofS Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT: The work environment characteristics described her are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Work is performed both outdoors and in an office setting. Outdoor work is required in the inspection of various construction sites and projects. The noise level in the work environment is usually quiet in office settings, and may occasionally be loud. VIII-A-5 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Well #3 Nitrate Levels, Request Authorization for Preliminary Water Treatment Study The City recently received the results of the Minnesota Health Department quarterly nitrate testing at Well #3, which is located on State St., adjacent to Lions Park and the Northwest Ponding Basin. The test results show nitrate levels at 9 mgll. The maximum contaminant level permitted is 10 mgll. Ten years ago, nitrate levels at Well #3 were at 6 mgll. Nitrate levels have been steadily increasing Well #3 and to a lesser extent at Well #5 (7.9mg/l) and Well #6 (6.1). With nitrate levels at Well #3 reaching 9.0 mg/l, I am recommending starting the process to evaluate water treatment options, and requesting authorization to hire a consultant to review our water system, well locations, nitrate contaminant levels, and treatment options, including rough construction cost and ongoing operations and maintenance expenses. On a operational level, Well #3 has be shifted to perform as the lag well on the low system, meaning that Well #3 will only be used when demand exceeds Well #7's capacity. History of Nitrate Levels in Wells Date 4/29/04 4/28/03 9/29/94 Well #3 - State St. 9.0 mgll 8.6 mg/l 6.3 mgll Well#5-Hwv55 Well #6 - Ind. Pk. 8.0 mg/l . 6.3 mgll 6.1 mgll 4.1 mgll crn' OF HASTIN65 VIII-A,.6 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Well #1 - Approve Closure Recommendation and Authorize Contracting for Design and Construction Services to Demolish Well House and Seal Well Enclosed is a copy of a July 2002 report from TKDA recommending abandonment of Well # 1 due to age and deteriorating condition of the well house and equipment, low production, and poor water quality. The site cannot be reused to drill a new well because it does not meet current Health Department set back regulations. Closure of the well was originally included in the 2003 budget but was cut as part budget adjustments resulting from a loss of State Aid funds. COUNCIL ACTION REQUESTED Council is request to approve the closure recommendation for Well #1 and authorize contracting for both design services and construction services to demolish the well house and seal the well. - ern' OF HItSTlN6S JESTIGATION OF WELL AND Pt-lOUSE NO. 1 OF HASTINGS, MINNESOTA Date: Comm. No. JUly 1. 2002 1169goo1 A TOLTZ. KING. DUVALL. ANDERSON AND ASSOCIATE6. INCORPORATED . PLANNERS HiOO PiPER JAF~,,^Y PLAZA 444.CEDAR8TREET BAlWI' PAIIL,MIt/NE8OTA65101.2140 PHONE: 6511292.01400 FAX: 851/292-0083 TOLTZ, KING. DUVALL, ANDERSON AND ASSOCIATES, INCORPORATED ENGINEERS-ARCHITECTS-PLANNERS SAINT PAUL. MINNESOTA JULY 1. 2002 INVESTIGATION OF WELL AND PUMPHOUSE NO.1 CITY OF HASTINGS, MINNES9TA COMMISSION NO. 11699-01 I hereby certify that this Report was prepared by me or under my direct supervision and that I am a duly Licensed Professional Engineer under the laws of the State 01 Minnesota. t~n!~ License No. 13860 11699-01 INVESTIGATION OF WELL AND PUMP HOUSE NO.1 CITY OF HASTINGS, MINNESOTA TABLE OF CONTENTS SECTION PAGE EXECUTIVE SUMMARY ...............................................,..........................................................................,... 1 Purpose .........,..............,.......,................,.....................................................................,............................. 1 Background .....,....,.......,.........................................................................................,.................................. 1 Current Sftuation ................." ................................................................::.................................................. 2 Altematlves...........................,...........................,........................................................................................3 Conclusions .............. ........... ............,...... ................................................................................................... 4 Recommendations ................................................................................................................,...................4 LIST OF TABLES Table No. Trtle Follows Peae 1 Building DemolitionlRenovation 6 2 Electrical Improvements Well Pump Replacement Well No.1 Sealing 6 6 6 3 4 APPENDIX Title Well Pumphouse No.1 Photographs Paae A-1 thru A-4 Ii 11699'()1 EXECUTIVE SUMMARY PURPose This investigation focuses on Well and Pumphouse No. 1 in Hasting's municipal water system. The purpose of this investigation is to determine whether this facility should be maintained in the current water system, based on the capital investment necessary for ils repair and improvement, or n the well should be sealed and the pumphouse demolished. Should the City decide to maintain Well and Pumphouse No.1 in the system, this Report will discuss possible alternatives to accomplish this, including their probeble costs. BACKGROUND Well and Pumphouse No.1 is located at the northwest comer of East 9th Street and Vermillion Street. Well No.1 was constructed in 1930, by McCarthy Well Company and due to its location. was referred to as the Vermillion Street Well. Records indicate that the Vermillion Street Well was drilled to a total depth of 915 feel, then backfilled to a depth of 575 feet. Two well casings were installed in the well. A 16-inch casing extended to a depth of 250 feet, and an inner 12-inch casing extended to a depth of 245 feet. At this depth, the casings terminate in the middle of the Jordan bedrock aquifer. The remaining open hole portion of the well, extending from 245 feet to 575 feet, exposes the Jordan, St. Lawrence, and Franconia formations to supply water to the well. The St. LaWl'ence formation does not contain appreciable quantities of water and is actually considered an aquatard, or a barrier to the flow of water between the formations above and below it. Based on eurrent weil codes, the construction of this well would be prohibited since it would enable water to be interchanged between the Jordan and Franconia formations. After the Vermillion Street Well was completed. a brick pumphouse was built around the well to protect the well pump and motor and house the required electrical and mechanical systems. 1\ is reported that the well originally produced about 600 gallons per minute (gpm) of water. The well pump was driven by a 75- horse power electric motor. A gasoline backup motor and gear drive were included in Ihe design of the pumphouse to power the facility during power outages. At some point in the pest, the gas engine and gear drive were permanenlly removed. The maintenance records of the Vermillion Street well indicate that it has had physical problems and a history of pumping sand. In 1957, the sandstone formation (Jordan) collapsed, reducing the depth of the well to 276 feet. The well was bailed clear of the loosened sandstone and the open hole was recovered to a depth 01 390 feet. An examination ot the well also revealed that the 12-inch casing pipe wes ieaking water into the well from above the aquifer water level. Photographs were taken at the casing joints and it 1 11699-01 was discovered that part of the casing joint welds extended inside the casing pipe, which could be the cause of the leaks. It was then decided that a 1 Q..inch casing should be installed Inside of the leaking 12-inch casing and the formation should be developed further to reduce the sand content of the water. After this work was completed, the well pump was repaired and reinstalled in the well and tested at a capacity of 620 gpm, until the sand content cleared up. By 1965, the wen was pumping an excessive amount of sand and introducing air into the system. The well pump was removed from the well and the well was cleared with clean water. A sounding of the well demonstrated that the depth had again filled in, this time to the 277 foot depth. The inner 1 Q..inch casing was photographed and the pictures revealed fractures In the pipe between 222 and 232 feet. The entire 10-inch liner pipe was removed from the well, the bad sections were replaced, and the casing was reinstalled. This time the casing was grouted In place with cement grout. It should be noted that the bottom 50 feet of the 10-inch string of pipe was reduced to 8-inch pipe; After tha casing was reinstalled, the weR was bailed of sandstone and redeveloped. Approximately 32 cubic yards of sandstone were removed. After the development work was complete, the well was pumped to waste for two days, however, the well continued to pump sand. After removing the well pump for tha second time, a sounding revealed that the well had sloughed In over 150 leet. The well was beiled back down to 575 feet and dry ice was used to break the sandstone down. Only a smaU quantity of sand was loosened, so the pump was placed In the well and pumping resumed. After three days of pumping, the sand content was reduced 1010 parts per million (ppm) and the well was placed into selVlce. For comparative purposes, sand free pumping is usually defined as less than 2 ppm. McCarthy Well Company serviced Well No.1 again in 1979. This work consisted of the removal and repair of the well pump and removal of approximately 35 cubic yards of sandstone from the open hole. It Is also known that additional work of a similar nature has been performed on Well No.1 since 1979, however, It Is not available to describe here. CURRENT SITUATION Well No.1 has not been used on a regular basis for many years and is considered an emergency-only facility. Several good reasons exist for placing the well into this category, including the following: . The pumping capacity of Well No. 1 is only about 300 to 400 gpm, or lass than 5% of the combined City water supply capacity. . Well No.1 has been reduced in size to 8-inch diameter and is crooked or out-of-plumb, making it next to impossible to measure water levels or perform a TV sUlVey of tha condition of tha casing. . The water quality of Well No.1 is inferior to all other City wells and usually generates complaints. 2 11899-01 . Water produced by this well may be more likely to cause sannary or bacteriological problems due to the known construction problems plaguing this well, particulariy considering the fact that the City does not add a chemical disinfectant. . Most of the pumphouse equipment is aged. unreliable, out of servica. or difficult to find parts for repair. . There are no supervisory controls to operate this well automatically or in conjunction with any of the other City wells. requiring City personnel to literelly tum the well on and off by hand. . The electrical switchgear is very old, probably does not meet today's electrical codes, and may pose risk to watar system personnel. Well Pumphouse No. 1 is In need of several repairs. Many areas of the exterior brick wells and parepets have dislntegreting brick and mortar joints. This condition results from water leakage and freezellhaw cycles. The building needs a new roof, window replacement or infilling, and cleaning and painting. Other items Include removal of the old brick chimney and the installation of a skylight to facilitate well pump removaVrepair, Appendix sheets A-1 through A-4. located at the end 01 this Report, pictorially chronicle the existing condition of this structure. The electrical and mechanical systems require replacement for long-term use of Well and Pumphouse No.1. The electrical components consist of the motor starter, service switchgear, distribution panel, transformer, lights, etc. They should be replaced to provide reliable and safe equipment. The Installation of a remote telemetry unit (RTU) will allow tha City SCADA system to control and monllor the facility. Finally, the building heater should be replaced. ALTERNATIVES Based on the discussion above, four alternatives have been identiflSd for considerelion for the Improvement to or removal of Well and Pumphouse No.1. Thay are as follows: 1. Do nothing. 2. Abandon Well No.1, demolish fhe pump house, and sell or deed the property to a neighbor or other interested party. 3. Rehabilitate tha building and maintain the existing well pumping equipment and electrical and mechanical systems for as long as possible. 4. Complete rehabilnation 01 the building and all associated mechanical and electrical components, 3 11699.01 The costs associated w~h these altematives vary considerably. Other than heating, Alternative No.1 will only require capital for repair. If and when it is needed. The cost to repair any major equipment failure, however, could be substantial. Alternative No.2 is estimated to cost $62,100 for the well sealing and building demolition. Alternative No.3 is estimated to cost about $24.200 for the building renovation and Alternative No. 4 is estimated to cost $101,400 for the building renovations, pump replacement and electrical and control Improvements. These costs are broken down in Table Nos. 1 through 4, following the body of this Report. CONCLUSIONS The conclusion of Ihis Report is that Wen and Pumphouse No.1 has exceeded its usefullile. In particular, It can also be concluded that Well and Pumphouse No.1: . Offers very little additional capacity to lhe water systems. . Currently does nol have a backup power source or provisions for such to handle power outages. . If operated, will yield poor quality water for distribution to City customers. . Will require a considerable capital outlay for its restoration. It is expected that the well will continue 10 produce sand and resull In reduced capacity and high maintenance cost illt Is pumped regularly. Finally, It is possible that, considering the improvements made to the City water system over the last five years and proactive management 01 these facUities, this well may never be needed under any emergency condition. RECOMMENDATIONS tt Is recommended that the City either take tha "do nothing" approach or seal the well and demolish the pumphouse, rather then invesl its resources on a facility that has very little potential to be of value to Ihe water syslem. The "do nothing" approach has the risk of fanure when the facility may be most needed due to the existing condition of the well and appurtenant equipment. It Is also entirely possible that the pumphouse is aesthetically unacceptable to the City in its present state. Furthermore. It Is felt that the cost to repair and renovate this well and pumphouse could be better invested In the water utility by searching for a new well with better quality and higher capacity. 4 11699-01 TKDA ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project: HASTINGS WELL PUMPHOUSE BUILDING DEMOLITION/RENOVATION Demolition 1 Demolish and remove buildina 5,500 cf $ 0.65 $ 3,575 2 Duma Fees 100 ton $ 75 $ 7,500 3 Restore turf 1 Is $ 650 $ 650 Subtotal $ 11,725 10% Contlnaencv $ 1173 Total (Rounded) - $ 12,900 ReDalr buildlna defects 1 Remove vines 1 Is $ 120 $ 120 2 Demolish brick chimnev. catch roof deck 1 Is $ 600 $ 600 3 Remove and reset parapet caas 80 If $ 11.50 $ 920 4 Restore damaaed face brick below Daraoet caD 80 sf $ 23 $ 2,320 5 Partial tucl<oointing of remalnino face brick 1,000 sf $ 6 $ 6,000 6 Remove windows 7 ea $ 23 $ 161 7 Infill window ooenlnos with masonrv 10 sf $ 23 $ 1,610 8 Install skvlioht 1 ea $ 3,500 $ 3,500 9 Remove and reolaC8 motinn 398 sf $ 14 $ 5,544 10 Paint exterior door and Interior surfaces 1 Is $ 1,200 $ 1,200 Subtotal $ 21,915 10% Continnen"" $ 2,198 Total (Rounded) $ 24,200 Table No. 1 Comm. No.: By: Date: 11699-01 AWH July-02 11899-01 TKDA , ! I I i ! I I I ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project: HASTINGS WELL & PUMP HOUSE NO.1 ELECTRICAUMECHANICAL IMPROVEMENTS Electrical and MechanlcallmDrovements 1 Service Entrance Underoround from Power Pole 1 ea $ 3,600 $ 3,600 2 Main Circuit Breaker 1 ea $ 1,400 $ 1,400 3 TVSS 1 ea $ 2,500 $ 2,500 4 Motor Control (SMCfT75 HP\ 1 ea $ 4500 $ 4,500 5 Outlets, Receots, Uaht FIX!, Exh Fan 1 lumn sum $ 2,500 $ 2,500 6 Transformer & Distribution Panel 1 lumn sum $ 3,600 $ 3,600 7 Misc. Labor & Materials 1 lum" sum $ 3,000 $ 3,000 Subtotal (Rounded\ $ 21.100 10% Contlnaenrnt (Rounded\ $ 2,100 AIU1 8 Generator Connection & Transler Switch 1 lumo sum $ 7,500 $ 7500 Alt#2 9 ASD l75 HP\ 1 ea $ 6,000 $ 8,000 Alt#3 10 SCADA RTU & Proo 1 lumo sum $ 10,000 $ 10.000 TOTAL (subtotal olus Alt #'s 1,2,3\ ELECTRICAL $ 48.700 Unit Healer and miscellaneous mechanical work. 1 1 IUmD sum $ 3,900 $ 3,900 10% Continaencv 390 SubtoUdMechan~I(Rounde~ 4.300 Totsl Electrical and Mechanical 53,000 ---.." Table No.2 Comm. No.: By: Date: l1699-01 DMHlKBJ July-02 11699.01 - TKDA ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project: HASTINGS WELL & PUMPHOUSE NO.1 WELL PUMP REPLACEMENT Well No.1 Pumo and Motor Reolacement 1 Well PumD Removal 1 Is $ 1,250 $ 1,250 2 New Well Pumo & Motor 1 ea $ 17,500 $ 17500 3 Well Pumn Installation 1 Is $ 1,250 $ 1,250 4 Well Cleanlna 20 cv $ 100 $ 2,000 Subtotal 22,000 10% Continaencv - 2,200 Total/Rounded) 24,200 - Table No.3 Comm. No.: By: Date: 11699-01 KBJ July-02 11699-01 I- " TKDA ESTIMATE OF PROBABLE CONSTRUCTION COSTS Project: HASTINGS WELL & PUMPHOUSE NO.1 WELL NO.1 SEALING Well No.1 Abendonment 1 Mobilization 1 Is $ 3,500 $ 3,500 2 Remove Exlstlna Well Pumo 1 Is $ 1,250 $ 1,250 3 Remove Sandstone SedlmentalJon 50 cv $ 100 $ 5,000 4 F&P Neat Cernenl Grout 125 r:v $ 250 $ 31,250 5 F&P Rock Aaareaate 50 r:v $ 50 $ 2,500 6 Gamma Loa of Exlstina Well No.1 1 - Is $ 1,250 $ 1,250 Subtotal $ 44750 10% Continaencv $ 4,475 Total/Rounded! $ 49-.-200 Note: 1. Grout and Rook-;';uantities are estimates. Rack removal ouantltles are unknow. 2. Sandstone removal based on a maximum deDth of 575 feet. 3. Sealing does not Include rlDpina or oerforatino the casino(s), 4. Estimate does not Include casinolSl removal or casina aerforalJon. Table No.4 Comm. No.: By: Date: 11699-01 KBJ Jul-02 11699-01 Well nnd Pump House No.1 Front (East) Elevation Generat DelCrioration of BrickIMortar Joint Window Fmme und Gluss stil1 in place Roof Leaks and needs Rephu:ement Rear (Westj Elevation Windows in-filled with Brick. Gasoline Storage Tank Visible Masonry OIimney Heavily Vine Covered A-I I 11669-01 North Elevation Window Frames and Glass still in place Brick and Mortar failure at parapets and near top of Wall Vine covering South Elevation Brick and Monar failure a, parapets and IICat lOp of Wall Heavy Vine covering A-2 11669-01 ~ I ! i ~ I I ~ ~ I r ~ ~ North BoiJdiol; Wall Brick close-up Front Window Frame/Glas> clo",,-up I I 669-Q I A-.I , I I I ~ Interior View or Ele<:trleal Service Cabinet, Motor Starler, ele. Fluoride barre!. tank. and pump in background Intcrior Yiew of Well No,l and Well Pump Motor Discharge Piping in Background A-4 11669-01 VIII-A-7 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery June 3, 2004 Authorize Drilling of Test Well, Conzemius Park At the March 15, 2004 meeting, Council tabled action on a recommendation to acquire property and begin design of a new well on the Lawrence Construction property located on the west side of Pleasant Drive south of 22nd Street.- Council expressed reservations about the high nitrate levels found in the test well at the site and concerns about reducing the existing water quality at Well #4 should the proposed raw water blending option need to be implemented to bring the new well's nitrate levels in compliance with health standards. An Operations Committee meeting was held on April 5 to discuss alternatives. 1 have enclosed a drawing illustrating well siting considerations. The shaded areas denote geological areas suited for well development. The light colored parcels denote City property. The Conzemius Park site was chosen as the recommended location for~lling a test well due to its location within the acceptable site areas and nearby trunk water mains along Hwy 55. In addition, this site is also in the vicinity of Well #3 and Well #5. If water treatment is needed, a common raw water main may be able to service aU three well sites. COUNCIL ACTION REQUESTED Council is requested to authorize the development of a test well at the Conzemius Park location. . ern' OF HASTINIIS i = i ! t I j II 7f' .j ., I .....v ! ._------"---- ./ '. I I . ,'~:t;\lj ',-~!!~ / ",;.' "'t-"-r-'";'~ ,- , , I I I.t. L' ~"'l.l '''', ' !' '..-- ~I~ ; II ji~IJ~l!J l!j55t~! . >. "" '. , <,< - -. .- .---- ! i i ! I I, -" i i VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7, 2004 Subject: 2nd Reading\Ordinance Amendment - Rezoning #2004-19 - Williams 2nd Addition - southwest corner of Whispering Lane and Featherstone Road - John Wesley Investments. REQUEST Please see the Public Hearing Staff Memo for further information VIII-B-2 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7, 2004 Resolution -Preliminary PlaVFinal Plat #2004-19 - Williams 2nd Addition - southwest corner of Whispering Lane and Featherstone Road - John Wesley Investments. Subject: REQUEST Please see the Public Hearing Staff Memo for further information VIII-S-3 Variance - 806 19th St W City Council Memo - June 7. 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: June 7,2004 Subject: Paul Sorenson - Variance #2004-28 to vary from the side yard setback and to enlarge a non-conforming structure to construct a garage addition at 806 19th St W. REQUEST Paul Sorenson seeks a 3.25' variance to the 7' side yard setback requirement as well as a variance to enlarge a non-conforming structure (garage) at 806 19'h St w, RECOMMENDATION Approval is recommended with the conditions listed. The existing garage was constructed prior to the current setback requirements, and was originally a detached garage prior to the screen porch addition which connects the garage to the home, and therefore is classified as a non-conforming structure, Because the addition would be directly behind the existing garage and would go no closer to the side property line than the existing garage, Staff is recommending approval. 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. Garages are a permitted use in the R-2 District. Variance - 806 19'h St w City Council Memo - June 7, 2004 Page 2 Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South Existina Use Single Family Home Single Family Home 19t1i St W Single Family Home Single Family Home Zonina R-2 - Med Dens Res. R-2 - Med Dens Res. Comp Plan U-I - Urb Res. U-I- Urb Res. West R-2 - Med Dens Res. R-2 - Med Dens Res. U-I- Urb Res. U-I- Urb Res. Existing Condition The proposed site is level - there are no mature trees or pfantings that will need to be removed to construct the addition. Proposed Condition The addition would be constructed with the same roof peak so as to match the existing garage, as well as the same color of siding and shingles as the existing garage. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for primary structures in the R-2 District are: Area Setback Front 20' Side 7' Rear 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. C. That the special conditions and circumstances do not result fiOm 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 Variance - 806 19'h St W City Council Memo - June 7. 2004 Page 3 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. Mr. Sorenson also stated that he spoke with the two neighbors on either side of his property, and he indicated that they had no problems with the request. Planning Commission Recommendation The Planning Commission reviewed the request at their May 24, 2004 meeting, and voted 6-0 to recommend approval of the request, citing B & C of the review criteria, as reasons for granting approval of the variance. . RECOMMENDED ACTION A motion to approve the attached resolution. ATTACHMENTS . Location Map . Site Plan . Application HASTINGS CITY COUNCIL RESOLUTION NO. 06-_-04 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE FOR 806 19TH STREET WEST, HASTINGS, MINNESOTA Councilmember adoption: introduced the following Resolution and moved its WHEREAS, Paul Sorenson has initiated consideration of variances forthe following legally described property: Lot 187, Westwood Addition 4th Section, Dakota County, Minnesota Containing 8,125 square feet, more or less. WHEREAS, on May 24th, 2004, a review of these variances was held before the Planning Commission of the City of Hastings, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That variances are approved for the following: Section 10.26 District Lot Regulations to allow for a setback of less than 7' from the side lot line; and Section 10.06 Subd. 4 Non Conforming Structures to enlarge a legal non-conforming structure by the addition to an existing attached garage at 806 19th Street West, based on the following findings of fact: 1. That literal interpretation of the code would deprive the applicant of rights commonly enjoyed by others. 2. The proposed addition would not further encroach into the required setbacks. BE IT FURTHER RESOLVED, that a copy of this resglution 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. Adopted by the Hastings City Council on June 7th, 2004 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative AssistanVCity 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 ih day of June, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, Administrative AssistanVCity Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 ..... ~ tJ) ~ z+. CD 0 ~ s::: c ~.- 0 ~ 0 0 :;::: C"~ ...... U) 0 B Q) "C (1) C -c I/) N 0 C> I/) ~ - ...J ~"C~e c: r:: II) a; ..- (J) 32 'C 0 N CI) Q) <C ...... 0 '" ~ - ':; 0 '" >. U5 en IX! c:: D- CO UCl)Q)C1) (J) '" :2 C C)~ _ ....J . ,I CI) cacaCD~ , 0 - co .- - 0 ca ,t CI -CUCOc.. ., 5 Co cue> co > :2 - I / OAKuST --------.. I . . - . ;; . s ~ CJ) I ~: 0') " LAND W~~ APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: &0 b W e S 1 / C;-I-l [S:- I. [i-I'iln If ~ Legal Description of Property: Owner (If differen; from APpiil (1t): ~)y- Name Address = Appiicant: '0. / c Name 1i1 f.( ~I(E. IV..5<J V Address :?o fo LJ -<,Sf ) 9/'1 Phone Fax Email Lf3 -; - ~ 'IS-o Phone Fax Email Description of Request (include site plan, survey, and/or plat If appiicable): \/u..'I\M\fL -tv tUici 01-\ -ro /V{~hv1 C){)VV~ Check applicable box(es): ,/, Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note: All fees and escrow amounts due at time of appiication, Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 $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.l.: $1500 (Engineering) . 5,000 - 10,000 5.1,: $2500 ($500 Planning + $2000 Engineering) _ 10,000 - 50,000 s.l.: $3250 ($750 Planning + $2500 Engineering) _ 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Signature of Owner 1 9Jte . ~ . ~"" - S"-/7..rY! 5-'0-0'/ Applicant Name and Title - Please Print Owner Name - Please Print Official Use Only File # '1.-UD"l.1-1- Fee Paid 4 U'1.J .0,d. 4123/2003 \'G' rJ!10iD::h ~IIP)I( '. Date Rec'd App, Complete Rec'd By: Receipt # .--- ,.,~,-~..-~,,--""-"'-~'~'., ~?()UJf~ \ foL-e I I i l I i I \ \Q \<.... II<> .r -< - '" ":> " ~ i'" '" v. ..---- - 'it)' , ~ ro I i \ I , I i CAs \ I ' ~]-- ---- ,...- PAuL t"Il'Jt. R f f\ ~ Lo + L.; t>J e. j,\ fr, --- . -._~..."_. /,.... ~ '0 ) ~ "6 1 i , ! I~/ I " PROf () $ t'D , I ~ I A P D ,+"~AI '\ I I 'b)( ~o rn.1 ---'- ----- ____ __n___._' ~------ \ I ~' \ :T- N ,,.-// ~ -> " ~ I~ :. "" , Sc~eerJ "- ~ poRch ~ ~ ,~ / I I i H()J~-e-. I i ! I i I , ------ . ---- --.---- --- - . - -.-.--- '.'_.~- -..-- -- , ; I ! '. " \ . _.---1 '. ! 1 ! 75/ 5 oR E tv g ,:)N f f~ f..l)eS J9 5fReef- VIII-B-4 Kupser Lane Properties - Minor SubdivisionNariance - 1004-1008 Ramsey St City Council Memo - June 7, 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: June 7, 2004 Subject: Kupser Lane Properties - Minor SUbdivisionWariance #2004-25 to subdivide property and vary from minimum lot size requirements at 1004- 1008 Ramsey Street. REQUEST Brad & Wendy Kupser, owners of Kupser Lane Properties, propose to subdivide 1004- 1008 Ramsey Street into two lots and vary from the minimum lot size requirements. RECOMMENDED ACTION Planning Commission Recommendation A public hearing was held at the May 24th meeting. Wendy Kupser spoke in support of her application. No other persons spoke for or againstthe proposal. The Planning Commission recommended 6-0 to approve the Minor Subdivision and Variance, citing the following review criteria: 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. Staff Recommendation Staff is recommending denial of the minor subdivision/variance for the following reasons: 1) The home was constructed by the applicant under the current regulations. Kupser Lane Properties - Minor SubdivisionNariance -1004-1008 Ramsey St City Council Memo - June 7, 2004 Page 2 2) The property could be split by converting the units to condominiums, thus not needing a variance or minor subdivision from the City. Because of the differing recommendations, Staff will prepare a resolution after the meeting to reflect the Council's action. BACKGROUND INFORMATION Comprehensive Plan Classification The property is designated is designated U-I - Urban ~esidential. The property is developed at a density of approximately 4,3 units per acre, which is consistent with the density in that area. Zoning Classification The subject property is zoned R-2 - Medium Density Residential. Two family dwellings are a permitted use in the R-2 District. Existing Condition The existing site has a side - by-side town home that was constructed in 2001. The units have separate water and sewer service lines. Adjacent Zoning and Land Use The following land uses abut the property: East Existino Use 10th Street Proposed Townhomes Ramsey Street Single Family Home Duplex Home Single Family Home Zonino Comp Plan Direction North South West R-5 - High Den. Res. R-2 - Medium Res. R-2 - Medium Res. R-2 - Medium Res. U-II- Urb Res. U-I- Urb Res. U-I - Urb Res. U-I- Urb Res. MINOR SUBDIVISION REVIEW Background The existing lot has a platted size of 76' by 132' and 9,984 square feet. Minimum Lot Size The minimum lot size for a twin home on a single lot is 9,700 sJ. The City has applied 4,850 sJ. (halfthe size) on zero lot line splits to create separate lots of record for each unit. The existing lot is 9,984 square feet. Kupser Lane Properties - Minor SubdivisionNariance - 1004-1008 Ramsey St City Council Memo - June 7, 2004 Page 3 VARIANCE REVIEW Background The home was constructed in 2001. The building is setback 10.8' from the 10th St ROW (to the north) and 20.86' from the interior (to the south) property line. With the proposed property line going down the middle of the building, this would give Lot A (north lot) 4,332.24 square feet, and Lot B 5,653 square feet. Policy is to require half of the minimum required lot size (4,850 square feet) for zero lot line twin homes. The applicants have submitted several items to support their request. They include a letter to the Planning Commission, a list of signatures from neighboJing property owners who are not opposed to property split, a letter from a realtor, a copy of the survey, and photos from the area of property owned by the applicants, 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. 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. ATTACHMENTS . Location Map . Site Plan . Application - (/)"2- \.IJ z*~ ).o(J) ..,. c:: (1)0- (I) 0 0 0 ::J 0 "" 0 ~ eo:; C" "'C '" N C> '" - 0 cuo- Q) c:: c: '" a; ...... ~ ....I I:t:::gl:t:: :g 'C N Q) '" e Q) '5 0 '" >- - co::JQ) C) m II: a.. ro U5 0(/)(,) Q) :::iE ....J s. 0...; , ". 0 .<!a J ", ro or" 00- a ~s::'" Co ,~ 00- cu ro " Ii 0:::i1> ::2: or" . .\ ...: N . ~ , .. 'I___C'__ - , --.-1 ------"--- ------_..-- - ----------_.-- - - - - - - - - . - - - ~ - -- RAMSEY ST . ~- -- '-.-L.. -----.------ ',: , :' . I I , " N I ~ - -~ ' " . '.'.-,------ I- u. o '" ~ .. .;,: 5 --' w ~ en I ~ o 'r" .' , N . ~ "It a I. Do (; 2 .. Do Do . ------_...---- ---_..-- - N . ~ ;.:""'__1', , " : ,',- . . LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651,480.2350 Fax: 651,437,7082 Address of Property: . lOOt.{ - I Oog ~ '&1-. Legal Description of Property: lo+- I ~/oc1: I "- IV '1 Applicant: Name Address Phone Fax I,,~I--<I Email Owner (If different from Applicant): Name Address Phone Fax Email Description of Request (include site plan, survey, and/or Pla~ICable): j)\)1\M S"J. - d.1 v'\s'ton f;, ~p ItltJ'In f' Check applicable box(es): v Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat 'V'"' Site Plan TOTAL: Note: All fees and escrow amounts due at time of application. Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 $600 $500 $500 $500 $250 $500 pius legai expenses $500 pius $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.l.: $1500 (Engineering) - 5,000 - 10,000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.l.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.l, +: $4000 ($1000 Planning + $3000 Engineering) Signature of Owner ~~ . Date Signature of Applicant Date K,~ ~ f1lt'r~, <fhs-!v<l Applicant Name and Title - Please Print ~~-~ Official Use Only File # '1D)Lj.-- 1-0 Fee Paid c::JCx). 00 tf-c51j-ocj Owner Name - Please Print ukrdy /<VAf15 ~ r 4/23/2003 I . =:~~p~~ \rZw~?O Date Rec'd App, Complete Apri125, 2004 Dear Members of the Planning Commission, We are requesting a variance to enable us to split a twin home we built in 2001 located at 1004-1008 Ramsey 8t. The purpose of this minor sub-division is so that the properties may be sold, and the proceeds used to buy more property in Hastings to either build on or fix up. This was our first experience building and we believed there to be a diffurence in code between a duplex and a twin home. Our intention was to build a twin home that could be split and later sold. We asked our builder to build according to "twin home" code for this purpose. His building permit application does reflect this request. When the house was built it was built five feet off the center of the lot. We did not notice this and now are surprised to find out that there is a problem. We are also surprised that nobody mentioned it to us, including the city of Hastings. However, we know that we should have asked more questions. We are very sorry for this. Splitting the 1004-1008 Ramsey Twin Home would create two lots (A&B) with the approximate dimensions being: Lot A 32.82' x 132' or about 4,332.24 sq. feet, and Lot B 42.84' x 131.96' or about 5,653 sq. feet, a diffurence of approximately 1,320.93 sq. feet between the two lots. See attached survey. In visiting with John Hinzman about this he recommended that we condominiumize this property. In searching this option I spoke to a real-estate attorney who did not advise this. He said it would make it more difficult to market and cause a financial hardship for us. Ifwe created condominiums we would then need to find two buyers who would desire to purchase a home as well as one half of the condominium association. Or find three buyers one for each unit and one for the association. There would also be the fees of setting up the condominium and association. Also when the new buyers want to sell they would incur the same problem. The attorney recommended getting a variance. He also said there would be some oddities with a two-unit condo. Ifwe are forced to sell this as a single piece of property to an investor, we will lose a considerable amount of money. Attached is a letter flum a local realtor detailing this problem. Attached is a copy of signatures of most of the homeowners on Block 7 who do not object to us splitting this property. The verbal response we received !rom most of them was that they would rather see homeowners there instead oftenants like there have been. Also attached are pictures of this property; lots 1 & 2 Block 7; !rom before and after we purchased it. We believe we have made considerable improvements to this corner of Hastings. We desire to do more of the same but need to be able to split this property to afford to do so. We have also done a complete remodel oflOOI Sibley St. and made considerable improvements there. We also called the city police department to find out ifwe have had an impact on the number of service calis to this location. Since there is only one home (1012 -10121/2 Ramsey St.) to do a before and after comparison the results there are 13 calls !rom 1991- May 1998 (Noise, Dog, Domestic, Warrant Arrest etc.). And 5 calls flum Oct. 1998 - Present (2 parking (abandoned car), 2 theft, I burning leaves). We believe that we have not only made a visible change but have helped in this area as well. We believe that the positive effucts we have made and want to continue to make to Hastings outweigh the negatives (we were the ones who inadvertently built this home five feet off center). If the community does not object to his request we ask that the city grant this variance. :?!t1~rtl~~!r~dY Kupser 651-480-8166 ..-------' ..". 2B-Mar-04 I have seen a copy of the survey of 1004-1008 Ramsey 51. with the new proposed lot split resulting in one lot (A) being 32.82' x 132' or about 4,332.24 sq. feet, and Lot B 42.84' x 131.96' or about 5,653.17 sq. teet, a dltterence ot approximately 1,320.93 sq. teet between the two lots. I do not object to Brad and Wendy Kupser, Kupser Lane Properties Inc., splitting this property tor the purpose ot resale. Address (;;(fdk) I Tuesday, April 13, 2004 To Whom It May Concern, The market value of the twinhome at 1004 Ramsey Street i,n Hastings is dependent upon whether or not the sellers can sell the property as two individual properties or as one, Each unit has 4 bedrooms, two baths, a two-car attached garage, and approximately 2150 sq. ft. of finished space. The structure was built in 2001. It is my opinion that as individual properties, each unit might sell somewhere between $175,000 and $190,000. Collectively, this totals between $350,000 and $380,000. If the property has to be sold as one unit, the market value will likely fall somewhere between $300,000 and $335,000, In this situation, the property will most likely be purchased by an investor, thus resulting in a lower market value since an investor will base his/her offer on potential income versus anticipated expenses. Please contact me with any questions. Best regards, ',YrLo.;J~ V1~.A"~/L Mark Christianson Broker WHY USA Metro PaItners Real Estate 651-438-3447 €t m --- ==== IlUl,TCR" AILS. EachOftice Independently Owned and Operated 02001 WHY USA North America, Inc. 10th Street -'---r---'- "-'" ._J~p ,\_____~~b___..:._,__ _________ ,_ ...,______ 764,6 I--r\ ----.-.-...----.--1-------./.. ,~-..._\.",---.----~~~'::--,:.~~~_ --.-........ ! --- . -"-'-- - - - .-...---, "\ i ,; S 9'5759" E 1~2,OO' , ~ o , \ , \ , \ \ \ \ \ \ o co o ~ '\ / / " j 18 I i :J I ~ /~/,./ .8~____,c~,. ~-- . - 1';-:=-:::'= 710.5 =_ -- ------I ' _ ,0 . .---'. 50.00' \ ~ , ~ "------ )("" --'--"--- r-'-- \ ~\\ ---'" .-,.... Existing Gar"'iJ. ~ S 89'57'59" .,,/'i"31.96' _'_-- ---- // .----- --'--- .......- -- ..././ -----/ ---- ~ -...... /' --- ~ ... "..-...... " / --.-.--/ .,/' ,---------,--_/ '/7~..7 r----- --___._ 1\\ 'I \, HM :1\ 1\:3 1\\0 lTD. , r-- --- -~---'l C\;V l}: !'h.\~;t.inq:j lunin!) 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Y(6'i\;I: -,,--, j - V",d'- ..,,,;" < ,." ,..1 1"'/""'" .- r.s,,~..:( , rtFt:t' Fr'{)J\j , V,.!J{ , , i't \ !~~ ','I', ,~'" {' c,,' (11), , C'''l"'~ 'tl' h~),.i f "~ "':_!j '" , ", ') Ic,,, )1:\, '!-' " --'--':" ~"- f> I'll .",'t.l ("-f.-:",~j If., , , tv'..-, , ~ ) VIII-B-5 Ry-Vic West - Preliminary/Final Plat, Site Pian #2004-26 City Council Memo - June 7, 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: June 7, 2004 Subject: Vicki & Ryan Krick - Preliminary and Final Plat, Site Plan #2004-26 - east side of General Sieben Drive, just south of Tierney Drive. REQUEST Vicki & Ryan Krick seek the following approvals on 1.04 acres they own generally located along the east side of General Sieben Drive, just south of Tierney Drive: 1) Preliminary/Final Plat to subdivide the property into 2 multiple family lots. 2) Site Plan to construct 2 triplex units. RECOMMENDATION The Planning Commission held a public hearing at the May 24th meeting. Two neighbors of the proposed plat spoke about drainage in the area and the proximity of the units to the east property line. An initial motion to table the application failed for lack of a majority vote. A second motion to recommend approval of the Preliminary/Final Plat and Site Plan passed on a 6-0 vote. Staff recommends approval of the attached resolutions. BACKGROUND INFORMATION History This site was originally platted as an outlot with the Sunset West development, and acquired by the City of Hastings as a potential well site. When it was determined that it was not feasible as a well site, the land was declared excess and sold in 2001. Ry-Vic West - Preliminary/Final Plat, Site Plan #2004-26 City Council Memo - June 7, 2004 Page 2 Comprehensive Plan Classification The property is guided U-I in the 2020 Comp Plan, and is served with MUSA. The proposed development is consistent with other town homes in the area. Zoning Classification The property is currently zonedR-3 PRD, which is consistent with the density proposed for the plat and site plan. A condition of the sale was that the property remain that zoning designation. Adjacent Zoning and Land Use The following land uses abut the property: Direction North Existina Use Tierney Drive Single Family Res. Twinhomes Twinhomes General Sieben Drive Single Family Res. Zonina ComD Plan East South West R-1 Low Dens Res. R-1 - Low Dens Res R-3 - Med High Res U-I Low Res U-I Low Res U-I Low Res R-3 - Med High Res U-I Low Res Existing Condition The site is open with few trees and no structures, There is a large berm along the east property line. Neighborhood Comments A couple of neighbors have stopped in to City Hall to review the Ry-Vic West plans, as they were curious about what was being planned. Staff didn't hear any negative comments about the project. PRELIMINARY/FINAL PLAT Request The applicant proposes to subdivide 1.04 acres into 2 multiple family lots containing 6 townhome units. Streets, Access, and Circulation There are no public improvements proposed with this plat. A private circular drive is proposed to provide access to the units. The drive would be required to be posted as no parking. Ry-Vic West - Preiiminary/Final Plat, Site Pian #2004-26 City Council Memo - June 7. 2004 Page 3 Association Documenta and Covenants Association-documents and covenants will need to be established prior to 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 reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Preliminary and Final 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 NRRC will review this item and make a recommendation. It is anticipated that the NRRC will recommend cash-in-lieu to satisfy the park land dedication requirements. Interceptor Sewer Fee Sewer interceptor fees are payable prior to the release of the final plat. The fees for this plat are $2,010.00 ($335/unit times 6 units). Lot and Unit Layout The applicant is proposing to place a triplex on each lot, with the possibility of splitting Lot 2 to add a duplex. The applicants are aware that with the proposed layout and building plans, the only way to divide the units in the future for individual sale will be via a Common Interest Community Plat, which will divide the units into condominiums. Pedestrian Access and Circulation There are no pedestrian access improvements as a part of this plat. SITE PLAN Setbacks The proposed setbacks meet current regulations of the R-3 District. Building Elevations City Ordinance requires site plan review of housing with 3 or more attached units. This site is proposed to have 2 - three unit buildings. The twinhome unit shown on the plans is a possible future construction, and does not require site plan approval. The applicants are planning on each living in one of the units, while renting out the other 2 units in the building. Those two units are stacked, constructed one on top of the other, as opposed to being constructed side by side. The building proposed for Lot 1 is a two story structure facing west. Two of the units have their front doors facing west, while the third entrance is on the side facing south. The front of the building includes stone wainscoting and peaks above the several windows. The rear Ry-Vic West - Preliminary/Final Plat, Site Plan #2004-26 City Council Memo - June 7, 2004 Page 4 of the structure, while it includes a variety of window sizes, is flat with no projections, and no variations in the roofline. Staff would recommend the addition of some roofline variations, as well as possibly staggering the building to provide some offset. The building is at the setback lines for the front and the rear, but the south side of the building could be jogged a couple of feet to the west and still meet the front yard setback. The triplex proposed for Lot 2 combines a one story unit with the two story stacked units. This building provides more of a break in the fa9ade due to the end unit being one-story, with the other half of the building being two stories. The rear of the one story half also includes a sun room projecting off the back, which also helps to break up the rear fa9ade. This building also is proposed to have a stone wainscoting on the front of the building. Ryan Krick indicated that the proposed colors of the buildings are either a tan or a grayish green color, and that he would prefer to do both buildings the same color. Driveways Driveways that serve more than one unit should be partially divided to delineate the driveway space. Landscape Plan A landscape plan has been submitted and will be reviewed by the City Forester. Any comments must be addressed prior to release of the Final Plat. Landscaping plans for the area near the entrance to the units should be included as well. ATTACHMENTS . Location Map . Preliminary Plat . Site Plan . Application HASTINGS CITY COUNCIL RESOLUTION NO. 06-_-04_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE PRELIMINARY PLAT AND FINAL PLAT OF RY-VIC WEST, A RESIDENTIAL SUBDIVISION GENERALLY LOCATED SOUTHEAST OF GENERAL SIEBEN DRIVE AND TIERNEY DRIVE, HASTINGS, MN Council member Resolution and moved its adoption: introduced the following WHEREAS, Vicki and Ryan Krick has petitioned for preliminary plat and final plat approval of RY-VIC WEST, a residential subdivision containing two lots on 1.04 acres generally located southeast of General Sieben Drive and Tierney Drive, legally described as Outlot A, SUNSET WEST, Dakota County, Minnesota; and WHEREAS, on May 24, 2004, 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 Preliminary Plat and Final Plat subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the preliminary plat and final plat of RY-VIC WEST, subject to the following: 1) Recording of the Final Plat of RY-VIC WEST with Dakota County. 2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 4) The association shall be fully responsible for maintenance of the common drive. A clause must be included in the association documents to memorialize association responsibility. 5) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 6) The private drive must be constructed to city specifications. 7) Prior to City signature of the Final Plat mylars, a revised landscape plan shall be submitted identifying the size, species, and method of installation for all required boulevard and front yard trees, as well as the island and foundation plantings. 8) Tree Preservation fencing shall be installed prior to commencing any grading, and shall be maintained throughout site development. 9) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 10) Preliminary Plat 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 11) At the discretion of the Planning Director, 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. 12) Satisfaction of park dedication requirements as recommended by the Natural Resources and Recreation Commission prior to release of final plat mylars. 13) Payment of sewer interceptor fees in the amount of $2,010 ($335 x 6 units) prior to release of final plat mylars. 14) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 15) The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is nuil and void. 16) That if the property owners choose to construct the proposed future twin home shown on the plans, Lot 2 must be split to create a separate lot on which the twin home will be located. Council member being put to a vote adopted by moved a second to this resolution and upon 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 7TH day of June, 2004, 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 HASTINGS CITY COUNCIL RESOLUTION NO. 06-_-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF VICKI AND RYAN KRICK TO CONSTRUCT TWO-THREE UNIT TOWNHOMES ON LOT 1 AND 2, BLOCK 1, RY-VIC WEST, HASTINGS, MN Council member and moved its adoption: introduced the following Resolution WHEREAS, Vicki and Ryan Krick has petitioned for approval to construct two- three unit townhomes on property located southeast of General Sieben Drive and Tierney Drive, legally described as Lots 1 and 2, Block 1, RY-VIC WEST, Dakota County, Minnesota; and WHEREAS, on May 24, 2004, 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 Site Plan subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby concurs with the recommendation of the Planning Commission and approves the site plan request of Vicki and Ryan Krick as presented to the City Council subject to the following conditions: 1) Recording ofthe Final Plat of RY-VIC WEST with Dakota County. 2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 4) The landscape plan must include one front yard tree (in addition to boulevard tree requirements) for each residential unit. If adequate space is unavailable in front of the unit the tree can be placed adjacent to the rear or side. 5) Driveways serving more than one unit must be partially divided to delineate the driveway space. 6) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 7) All landscaped areas must be irrigated. 8) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 9) 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 being put to a vote adopted by moved a second to this resolution and upon present. Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee Administrative AssistanVCity 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 7th day of June, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative AssistanVCity Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 HrK-L~-r-~~~ ~~.~O LAND USE APPLICATION RECEIVED APR 28 2004 CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651,480.2350 Fa: 651.437.7082 Address of Property: Legal Description of Property: (\, 1\ , r, -, ) ./- .: ' /(~.-,~. --... r. , .' Owner (If different from Appl cant): 'J.<fj rI<. Name Address Applicant: n Name -"\11...", ~ 1- \J\. 1.<', Address .-1..1'q; ~ IN" I Y t t-:--' . (:en br:;H~'1 0 .1 ~qt.-/ Phone ~ - lf3"1 . (., 'l'7 J. Phone Fax Fax Email f'f"-VI ,\<'t\rK Q) I!.~: t""''''''''f"b,fI1IJ. '-l.5 Email Description of Request (include site plan. survey, and/or plat if applicable): Check applicable box(es); x ,,--- , Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Signature of Applicant - Note: All fees and escrow amounts due at time of application, $600 $500 $500 $500 $250 Administrative Lot Sp t Comp Plan Amendme t House MOIJe Lol Line Adjustme t Vacate ROW/Easeme I $50 $500 $500 $50 $400 $500 plus legal expenses I $500 plus $1000 escrow I $500 plus escrow: ' I - Under 10 acres: ~500 Planning... $2500 Engin ering) - Over 10 acres: $6000 ($1000 Planning... $5000 Engin ering) $500 piUS escrow: - 0 . 5,000 5.1.: $1500 (Engineering) . 5,000 - 10,0005.1.: $2500 ($500 Planning... $2000 En ineering) .10,000 - 50,000 s,f.; $3250 ($750 Pianning... $2500 E gineering) - 50,000 s.f. ...: $4000 ($1000 Planning... $3000 Engine ring) Date Signature of Owner Dat If-;}'7-0 Applicant Name and Title. Please Print -0 '1/.' 1/ '" OWner Name. 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RECOMMENDATION The Planning Commission voted 5-1 to recommend approval of the special use permit and site plan at the May 24, 2004 Meeting. Commissioners discussed construction of a church in an industrial site. The Commissioners felt the city has a limited Industrial zone and these lots should be held for industrial use. The Commissioners also discussed plans for preserving additional significant trees and plans for preserving these trees. A representative of Smead Manufacturing Company stated a concern the church may have on the truck traffic and the dust from the parking lot in which there are no plans for future pavement. Please see attached minutes for more information. TREE PRESERVATION CHANGES Since the Planning Commission Meeting, the City Forester has reviewed the site to identify the trees to be removed and preserved. The City Forester has concluded the trees to be removed are acceptable. They are requesting the applicant to provide a more detailed tree preservation plan to ensure the trees will be preserved before, during and after construction. The following changes are recommended: . Parking lot islands containing significant trees identified for may need to be increased to ensure tree viability at the discretion of the City Forester. . The City Forester inspects constructed area before any tree roots are cut. ComerstoneChurch Site Plan Review City Council Memo -June 7, 2004 Page 2 of6 . A professional Forester supervises during the cutting of roots on preserved trees. . The developer notifies all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed, · Materials, vehicles or equipment are not to be stored or stockpiled within any enclosed orange fencing. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices. BACKGROUND INFORMATION Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided I, Industrial (general contracting, manufacturing, warehousing, goods movement facilities, communications, utility and wholesale). Heavy industrial use is not encouraged in the Industrial Park southeast of downtown on 10th St. Overall density for Cornerstone Sible Church is consistent with the Comprehensive Plan. Zoning Classification The plan is consistent with the Zoning Ordinance. The property is zoned 1-1 - Industrial Park Development, allowing for religious institutions under the special use permit. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Railroad tracks Lake Isabel Row Right of Way Right of Way East Open space Intek Weatherseallnc. 1-1 Industrial Park I (Industrial) South Smead Manufacturing Co. 10th Street 1-1 Industrial Park I (Industrial) West Single-family residential 1-1 Industrial Park I (Industrial) Existing Condition The existing site is relatively flat with slopes on the North portion of the property. It consists of mature trees on the north portion and along the West and East of the property. The western portion abuts an existing single-family home. ComerstoneChurch Site Plan Review City Council Memo -June 7, 2004 Page 3 of6 Proposed Condition A 4,000 s. f. building on the Southeast portion of the property with a 48-stall parking lot. The building and parking lot will require the removal of 11 mature trees. SHORELAND MANAGEMENT REGULATIONS Shoreland Management rules are regulated in Chapter 16 of the city code. Although the property is not adjacent to Lake Isabelle, Shoreland Management Regulations apply. Permits are required for construction of buildings and require a public hearing. Shoreland Classification Lake Isabelle is classified as a "Recreational Developm_ent" Lake. Commercial, Public and Semipublic are a permitted use. SITE PLAN REVIEW Zoning Setbacks Zoning Setbacks in the 1-1 District are not specified. The Setbacks are also acceptable with the Shoreland ordinance. Proposed building setbacks are comparable to existing Industrial developments in the area. Tree Plan Oversized deciduous and coniferous trees are requested to be removed. The applicant has submitted an inventory of existing trees without the identification of species. Staff is requesting a list of the species for the trees proposed to be removed. The City Forester has reviewed the project, and the following issues must be addressed. 1) Trees to be preserved must be clearly documented on the Tree Preservation Plan and an orange snow fence must be installed around all trees identified for preservation prior to commencement of any grading on site, and the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. 2) Replacement trees must be shown on the plan and planted consistent with the City's Tree Replacement schedule. Access and Circulation Access is proposed at two locations with both having full access entrances on 10th Street. Circulation in the parking lot has full access. The access and circulation is acceptable with the following changes: ComerstoneChurch Site Plan Review City Council Memo -June 7, 2004 Page 4 of6 Parking Parking is acceptable. The plan is consistent with the zoning ordinance. The maximum occupancy in the proposed building is 144. The church is required to have 1 parking stall per 3 seats. Landscape A landscape plan has been submitted for the Cornerstone Bible Church. The site consists of existing mature trees along the Northern portion. The glan includes adding Summit Ash and Choke Cherry along the front abutting 10 Street. A mixture of shrubs and flowering plants are interspersed around the front and side areas in public view. The landscape plan is acceptable with the following changes: 1) All landscaped areas must be irrigated. 2) Increase the size of the island in the parking lot to help protect and maintain the life of the tree. Architectural Elevations and Floor plan The building consists of a Fellowship hall seating 144 people. It is a one story building containing 4,000 sJ. The southwest corner of the building facing 10tn Street will be positioned at varying angles to breakup the block structure of the building. Vinyl siding, vinyl clad casement windows and rock faced block would be used on the building. 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. Lighting Plan A photometric lighting plan has been submitted. Foot candle illumination adjacent to property boundaries is acceptable. RECOMMENDATION Approval of the site plan is recommended subject to the following conditions: 1) Trees to be preserved must be clearly documented on the Tree Preservation Plan and an orange snow fence must be installed around all trees identified for preservation prior to commencement of any grading on site, and the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. ComerstoneChurch Site Plan Review City Council Memo -June 7, 2004 Page 5 of6 2) Replacement trees must be shown on the plan and planted consistent with the City's Tree Replacement schedule. 3) Parking lot islands containing significant trees identified for may need to be increased to ensure tree viability at the discretion of the City Forester. 4) Provide at least 24 feet of bituminous surface for ease of circulation. 5) The City Forester inspects constructed area before any tree roots are cut. 6) A professional Forester supervises during the cutting of roots on preserved trees. 7) The developer notifies all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed. 8) Materials, vehicles or equipment are not to be stored or stockpiled within any enclose orange fencing. Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices. 9) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 10)Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 11 )Alllandscaped areas must be irrigated. 12)Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 13)Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to submittal of a building permit. 14)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. ComerstoneChurch Site Plan Review City Councij Memo -June 7, 2004 Page 60f6 A TT A TCHMENTS . Location Map . Site Plan . Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SPECIAL USE PERMIT AND SITE PLAN OF CORNERSTONE CHURCH TO CONSTRUCT 4,000 SQUARE FOOT BUILDING AT 735 10TH STREET EAST Council member its adoption: introduced the following Resolution and moved WHEREAS, Cornerstone Church has petitioned for Special Use Permit and Site Plan approval to construct a 4,000 square foot building. WHEREAS, on May 18, 2004, review was conducted before the Planning Commission of the City of Hastings, 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 the City Council hereby approves the site plan request of Cornerstone Church as presented to the City Council subject to the following conditions: 1) Trees to be preserved must be clearly documented on the Tree Preservation Plan and an orange snow fence must be installed around all trees identified for preservation prior to commencement of any grading on site, and the fence shall be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation, 2) Replacement trees must be shown on the plan and planted consistent with the City's Tree Replacement schedule, 3) Parking lot islands containing significant trees identified for may need to be increased to ensure tree viability at the discretion of the City Forester, 4) Provide at least 24 feet ofbiturninous surface for ease of circulation. 5) The City Forester inspects constructed area before any tree roots are cut. 6) A professional Forester supervises during the cutting of roots on preserved trees. 7) The developer notifies all construction personnel of the presence and purpose of clearing limits and protective fences or barriers and for ensuring that they are observed, 8) Materials, vehicles or equipment are not to be stored or stockpiled within any enclose orange fencing, Within the fenced area, the topsoil layer shall not be disturbed except in accordance with accepted tree protection practices. 9) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 10) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to fonnal approvals. 11) All landscaped areas must be irrigated. 12) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy, 13) Submission of an electronic copy of all plan sets (TIF, PDF, or similar fonnat) prior to submittal of a building pennit. 14) 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 being put to a vote it was unanimously adopted by moved a second to this resolution and upon present. Ayes: Nays: Absent: ATTEST: Michael D, Werner, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ill day of June, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 t ~ ii!~ I > , j . w 0 ! " t ~ I_ > 5~ ~ . ~i2 h! , I i 1:1 > , ~ i z g '!hj !,i ~ 5o~ Q C , 1;11 ~ ~ u .. ~ I 0 ge ji~ , II' ~~~ .. " ~ .. 0 I!I!~ . " ~ , I"! i ~ ~ lIIi , ~ ~~ In l K I.! hi d 0 b 8 a ~ . !!ii: . ,J) ; 0 t; . ~a i j > 0 ~~ I! .. &1; ,:!I;i _ ":'1~ ~ ",JI '";11. ill il'Hilll!M] !fl IInfbl'l!J mlimfmj;:~! ,,' '!I"IUlUtl 1 mi,!II.,.I"I' ! ~ ,pI-Uk'," ;11.1 I j t ]lll!!'~i!ll.!;ii! II i ~ ",ffiljjE!!!;!;! i' I Mj"':lf" IS',.. 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'"at-O "'IN- ... ... ... 00 "a"le ... ... ... ... ... ... ... ... ... ... 000 0e 0'!i>0.\t ... ... ... ... ... ... ... ... '* '* '.0 .. ... 0 '"0 0 o "",'b o . ...... ~ ... ... ... ... ... ... 0f ... ... ~ <:> at OlD 0 ...0..... ...~ ...... ..... ~....... . ,,*,'-*,ii:IJtl~ 0 '. "It ... ... ... ... '. '. .. "'$> ... ... ... ... ... '. ... ... L ~ VIII-B-7 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: June 7, 2004 Subject: Siewert Apartment\Condo Building Update REQUEST Please find attached a letter dated May 26, 2004 from Todd Siewert regarding the recently approved 36 unit apartment condo building. The letter states Siewert construction plans to sell all the units as owner occupied condos. May 26, 2004 City of Hastings 101 E. 41h St. Hastings MN 55033 Attn: John Hinzman Dear John, This letter is written to possibly help the council with their research into preventing Condo buildings from being rented. Siewert Construction has been working with the Dakota County assessor's office regarding the tax ramifications between an apartment building and a Condo, He indicated that the Condo building, as it would be built, would be taxed about 25% higher than an Apartment building, With that infonnation along with the current market conditions, it is impossible to get the rents necessary to create a positive cash flow, Therefore, the current plan for the 36 unit building in RivelWood is to sell them as owner occupied condos, This infonnation may be instrumental with the decisions the council will make regarding this issue. We would greatly appreciate if you could read this letter to the council at their next meeting. If you would like to discuss anything further regarding this issue, please feel free to reply or call me at your convenience. Sincerely, Todd Siewert VIII-C-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Park and Recreation Director Appointment Recommended City Council Action Staff is still in the process of completing the necessary work to assure a timely recommendation for the City Council to consider for appointment at its meeting on June 7,2004 for the position of Parks and Recreation Director. A full recommendation will be prepared for action at the meeting on June 7, 2004. The steps take in the last several weeks to reach this point are listed below. Backaround Approximately 52 applications were received for the position of Parks and Recreation Director. On Tuesday May 17, 2004 interviews were conducted with eight of those candidates. At the conclusion of the interviews, NRRC member Terry Sieben, City Councilmember Janette Yandrasits, Parkkeeper John Steven~ Melanie and I narrowed the field of candidates to four, to participate in a second round of activities. On Wednesday June 2, each of the four candidates participated in the following activities: 1.) Interview with City Adminstrator 2,) Interview with a majority of the Department Heads 3.) Tour of City Hall with Melanie 4.) Presentation regarding the River Flats project; to a panel consisting of City Councilmember Lynn Moratzka, NRRC member Harold Christensen, Community Ed Director Don Kramlinger and Teri Blattenbauer from the YMCA. Prior to the activities conducted on June 2, 2004, each of the four final candidates were also given a series of three questions to address in writing, Staff is completing review of the information gathered during these activities in anticipat" n of preparing a full report and recommendation at the City Council meeting on Ju ;' 2~4.// avid M. Osberg City Administr or VIII-C-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Ordinance Amendments to Chapter 18 Regarding Certain Property Maintenance Requirements and Schedule Public Hearing Recommended City Council Action It is recommended that the City Council take action approving the attached Ordinance Amendments to Chapter 18 Regarding Certain Property Maintenance Requirements, (approving the first reading) and schedule a public hearing and the second reading for the meeting scheduled for Monday June 21, 2004, A "marked" up copy of the ordinance will appear in the packet for the City Council meeting on June 21, 2004. Backaround At various meetings of City Staff and City Council workshops and Committees, there has been significant discussion regarding Chapter 18 regarding certain property maintenance requirements relating to the storage of certain types of ''vehicles'' and "equipment" on private property. The number of complaints that the City Council and City Staff have dealt with over the last several years has risen. Furthermore, the amount and type of vehicles that are stored on private property has also increased considerably. With prior direction from the City Council, Staff has attempted to modify the ordinance to better define certain vehicles and equipment, and limited the number that can be stored on private property. Highlights of the new ordinance revisions include the following: a.) DEFINITIONS: The definition section has become more extensive in an effort to reduce the discrepancies and gaps in the definitions, While everything may not be covered, most items that Staff has had to contend are included in the definition section. b.) NUMBER OF VEHICLES: The current draft suggest that you cannot have more than five (5) vehicles [the broadest definition] stored outside a structure on a lot in an R-1 zoned area; and no more than three (3) in an R-2; 3 and 4 zoned area. c,) RECREATIONAL VEHICLE/EQUIPMENT and COMMERICIAL VEHICLE/EQUIPMENT: In the R-1 district, of the five vehicles that you may have store outside, no more than two may be of the recreational vehicle/equipment and commercial vehicle/equipment category, and there may be no more than one of those, in the R-2; 3 and 4 district. In other words, in an R-1 District the greatest number of vehicles, (which is intended to included everything,) stored outside is five, and three in the R- 2; 3 and 4 District. Taking it to the next level, of the five in an R-1, and three in an R-2; 3 and 4 Districts, you may not have more than three recreational vehicle/equipment and commercial vehicle equipment in the R-1 District and one in the R-2; 3; and 4 Districts. Please read the definitions, to understand that this would include the big campers, commercial service vehicles, dump trucks etc. - Should a person wish to store these recreational vehicles/equipment and commercial vehicles/equipment outside, the next section of the Ordinance illustrates those regulations, and includes the following: a.) Cannot be at the end of the driveway and/or in the right-of-way, which is intended to prevent blocking of views as neighbors attempt to back out of their driveways. b.) If a person is going to park a recreational vehicle/equipment or commercial vehicle/equipment in their driveway it must be under eight feet in height. (Current provision references seven feet) Under no circumstance can you have more than one in your driveway. c.) One currently licensed recreational vehicle/equipment or commercial vehicle/equipment can be parked in the side yard. (Similar to current provisions.) d.) A person cannot live in their vehicle or equipment e.) Recreational Vehicles/Equipment and Commercial Vehicles/Equipment may be parked in such a manner with exceptions to the above, for a period not to exceed 24 hours for loading and unloading.. Many Staff members have spent a considerable amount of time on this Ordinance, and we seek your review and comment on any sections that should be modified prior to the recommended second reading on June 21, 2004. David M. Osbe~g ~ City Administr~.........- y Section 18.03 DEFINITIONS The following terms as used in this Code shall have the meaning state: Miscellaneous Material: Miscellaneous material includes, but is not limited to, wood pallets and miscellaneous construction materials, glass, wire, metal items, vehicle or bicycle parts, tires, gasoline cans, plastic containers, indoor furniture, cookware or other items meant for indoor use. Vehicle: Any motor vehicle, passenger vehicle, recreational vehicle/equipment or commercial vehicle/equipment Motor Vehicle: Any self-propelled vehicle designed and originally manufactured to operate primarily upon public roads and highways, It includes any vehicle propelled or drawn by a self-propelled vehicle, , Passenger Vehicles: Passenger automobile, pick-up truck, van, self-propelled recreational vehicle motorcycle, motorized bicycle, school bus or farm truck, Pick-up Truck: Any truck with a manufacturers nominal rated carrying capacity of three-fourths ton or less, commonly known as a pick-up truck. Truck-Tractor: Also known as a tractor-trailer, a truck tractor is a motor vehicle designed and used primarily for drawing other vehicles and not constructed to carry a load other than a part of the weigh of the vehicle and load drawn. Trailer: Trailer means any vehicle designed for carrying property or passengers on its own structure and for being drawn by a motor vehicle. Semi-Trailer: Semi-trailer means a vehicle of the trailer type So designed and used in conjunction with a truck-tractor that a considerable part of its own weight or that of its load rests upon and is carried by the truck-tractor and includes a trailer drawn by a truck-tractor semi-trailer combination. Van: Any vehicle of box-like design with no barrier or separation between the operators and the remainder of the cargo-carrying area, and with a manufacturers nominal rated capacity of three-fourths tons or less. Motorcycle: Every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, including motor scooter and bicycles with motor attached, other than those vehicles defined as motorized bicycles. Motorized Bicycles: A bicycle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with no more than one percent grade in any direction when the motor is engaged, Recreational Vehicles/Equipment: Motorized or non-motorized; Includes but is not limited to boats, boat trailers, travel trailers, pick-up campers and coaches, tent campers, tent trailers, canoes, motor homes, jet skies, all-terrain vehicles, go-karts, mud trucks, stock cars, stock car trailers, buses, snowmobiles, snowmobile trailers, jet ski trailers, truck toppers, and enclosed box trailers, whether occupied or not with equipment or vehicles, and all trailers designed for or frequently used to transport any of the above, Commercial Vehicles/Equipment: Includes but is not limited to backhoes, dump trucks, landscaping equipment, skid steers, wood chippers, cube or box type trailers or trucks, tow trucks, tractor trailers, semi-trailers, farm trailers, custom service vehicles, such as, but not limited to, well-drilling machines, wood- sawing machines, cement mixers, rock crushers, road grader, ditch digger, grading equipment; typical household or property maintenance service vehicles, any service vehicle engaged in a business which includes the repairing or servicing of vehicles, snow removal and road maintenance equipment and vehicles and all trailers designed for, or frequently used to transport any of the above. Lot: A separate parcel, tract or area of land undivided by any public street or approved private road, established by plat, metes and bounds subdivision, or otherwise permitted by law, and occupied or intended to be developed for and occupied by a principal building or group of buildings or accessory buildings, or utilized for a principle uses and uses accessory thereto, including such open spaces and yards as are designed and arranged or required by this City Code for such building, use or development. Section 18.05 PROPERTY MAINTENANCE REQUIREMENTS SUBD.1. ABANDO!D AND NON-OPERATIONAL MOTOR VEHICLES. It is unlawful to p rt r store on any property within the City any abandoned or non operational unlicensed motor vehicle, unless housed within a building which complies with City Code. SUBD, 2. PARKING AND STORAGE OF VEHICLES. For purposes of these regulations, it is unlawful to park or store on a residential lot in excess of the permitted amount of vehicles as defined in Section 18.03 and Section 18.05 outside an enclosed building which complies with City Code. In R-1 Zoned Residential Districts, it is unlawful to park or store more than a combined total of five vehicles outside of a structure on a lot. Of these five, no more than two many be of the recreational vehide/equipment category or the commercial vehicle/equipment category, combined, In R-2, R-3, R-4 Residential Districts, it is unlawful to park or store on a residential lot more than a combined total of three vehicles per residential dwelling unit outside of an enclosed structure on any lot Of these three, only one may be of the recreational vehicle/equipment or commercial vehicle/equipment category. Of those allowed in Subdivision 2, the following conditions shall apply: a.) No recreational vehicle/equipment or commercial vehicle/equipment shall be parked or stored at the street end of a driveway within the boulevard portion of the public right-of-way. b,) No more than one currently licensed recreatiooal vehicle/equipment or commercial vehicle/equipment 8 feet or less in height may be parked in a driveway on a residential lot. c,) One currently licensed recreational vehicle/equipment or commercial vehicle/equipment may be parked on the lot behind the nearest portion of the building closest to a street d.) No motor vehicles, passenger vehicles, recreational vehicles/equipment or commercial vehicles/equipment shall be used for the purpose of a residence and/or housekeeping, unless approved by the City. e,) No commercial vehicles/equipment may be parked or stored on a residential lot outside of a structure, except while work is being performed at the property. f.) Recreational vehicles/equipment can be parked in a driveway for a period not to exceed 24 hours for purpose of loading or unloading. SUBD. 3. STORAGE OF MISCELLANEOUS MATERIALS AND EQUIPMENT. All miscellaneous Materials and equipment not enclosed within an approved shelter or approved cover, shall be fully screened so as not to be visible from adjoining properties. Exceptions: hot tubs, clothes lines, playground type equipment, construction, agricultural, landscaping materials or equipment currently being used to perform work on the premise. VIII-C-3 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator June 3, 2004 Ordinance Amendments to Chapter 8 Regarding Parking Regulations in MuftiGipal Parking Lots and City Streets Recommended City Council Action It is recommended that the City Council take action approving the attached Ordinance' amendments to Chapter 8 regarding parking regulations in municipal parking lots and City streets; by approving the first reading and scheduling a public hearing for Monday June 21, 2004. A "marked" up copy of the ordinance will appear in the packet for the City Council meeting on June 21, 2004. Backaround Much like the discussion on the regulations associated with parking and storing of vehicles and equipment on private property, the City Council and City Staff have had to contend with an increase in the number of complaints and problems associated with parking on City streets and in municipal parking lots, Staff has attempted to modify the ordinance to assure that the definitions of vehicles, trailers, equipment, etc are identical and inclusive of that which is listed in the changes in Chapter 18, Under previous direction at City Council/Staff workshop meetings, the following changes have also been made in the Ordinance: a.) Parking of truck-tractors; semi-trailers and commercial vehicles and equipment is allowed in City streets, only for loading and un-loading, and in no case longer than 6hours; nor can they have their motor running for more than 30 minutes, b.) No ovemight parking (7:00 PM-7:00 AM) c,) No parking in municipal parking lots d.) Should trailers be parked in City streets, they must have blocking device to prevent damage to the street. e,) Recreational Vehicles/Equipment may be parked in City streets for loading or unloading and in no case longer than 6 hours, f.) It is unlawful to park recreational vehicles or equipment on any municipal parking lot, except the lots at the Mississippi River, Lake Rebecca and Lake Isabel boat ramp parking areas, Many Staff members have spent a considerable amount of time on this Ordinance, and we seek your review and comment on any sections that should be modified prior to the recommended second re ing on June 21, 2004, David M, Osberg City Administrator CHAPTER 8 PARKING REGULATIONS (SEE CHAPTER 6 FOR SCOPE AND APPLICATION RELATING TO THIS CHAPTER), SEC. 8.01. Definitions. The followinq terms as used in this Chapter shall have the meaninq stated: Motor Vehi~le: Any self-propelled vehicle desiqned and oriqinallv manufactured to operate primarily upon public roads and hiqhwavs, It includes anv vehicle propelled or drawn bva self-propelled vehicle. Vehicle: Any motor vehicle, passenqer vehicle, recreational vehicle I equipment or commercial vehicle I eauipment. - passenaer Vehicles: Passenqer automobile, pick-up truck, van. self-propelled recreational vehicle, motorcvcle, motorized bicycle. bus, school bus or a farm truck. Passenaer Automobile: Anv motor vehicle desiqned and used for carrvina not more than 15 persons includinq the driver. Pickup- Truck: A truck with a manufacturer's nominal rated carrvinq capacity of three-fourths ton or less commonly known as a pick UP truck, Van: Any vehicle of box-like desiqn with no barrier or separation between the operators and the remainder of the carqo-carrvinq area, and with a manufactures nominal rated carrvinq capacitv of three-fourths ton or less, Motorcycle: Everv motor vehicle havinq a seat or saddle for the use of the rider and desiqned to travel on not more than three wheels in contact with the qround, includinq motor scooter and bicycles with motor attached, other than those vehicles defined as motorized bicycles. Motorized Bicycles: A bicvcle that is propelled by a motor of a piston displacement capacity of 50 cubic centimeters or less, and a maximum of two brake horsepower, which is capable of a maximum speed of not more than 30 miles per hour on a flat surface with no more than one percent arade in anv direction when the motor is enqaqed. Recreational Vehi~le I EauiDment:: Motorized or non-motorized. Includes but not limited to boats, boat trailers, travel trailers, pickup campers and coaches, tent camoers, tent trailers, canoes. snowmobiles, motor homes, iet skis, all- terrain vehicles. qo-carts, mud trucks, stock cars, stock car trailers. buses, snowmobile trailers, iet ski trailers, truck toppers, and enclosed box trailers whether occupied or not by eauipment and any trailer capable of carrvina any of the foreooino items, Commercial Vehic;:le I Eauipment: Includes but not limited to back hoes, dump trucks, landscapinQ equipment. skid steers, wood chippers. cube or box type trailers or trucks. flat bed trailers, open trailers with rails, tractor trailers, semi- trailers, farm trailers, custom service vehicles, and the like. Tractor Trailer: a motor vehicle desioned and used primarilv for drawino other vehicles and not constructed to carrY a load other than a part of the weiQht of the vehicle and load drawn. Trailer: "Trailer" means any vehicle desiQned for carrvinQ property, carQO or passenQers on its own structure and for beinQ drawn bv a motor vehicle. Semi-trailer: "Semi-trailer" means a vehicle of the trailer type so desiQned and used in conjunction with a tractor trailers that a considera1>le part of its own weioht or that of its load rests upon and is carried bv the tractor trailers and includes a trailer drawn bv a tractor trailers semi-trailer combination, Lot: A separate parcel. tract. or area of land undivided bv anv public street or approved private road. established bv plat. metes and bounds subdivision, or as otherwise permitted bv law, and occupied bv or intended to be developed for and occupied bv a principal buildinQ or qroup of such buildinQs and accessorY buildinQs, or utilized for a principle use and uses accessorY thereto, includinq such open spaces and vards as are desiQned and arranQed or required bv city code for such buildinQ, use or development. SEC. &Q4. 8.02 PRESUMPTION. As to any vehicle parked in violation of Chapters 6, 7 and 8, when the driver thereof is not present, it shall be presumed that the owner parked the same, or that the driver was acting as the agent of the owner. SEC. ~8.03 GENERAL PARKING PROHIBITIONS. It is unlawful for any person to stop, stand or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the specific directions of a police officer or traffic control device in any of the following places: (1) on a sidewalk; (2) in front of a public or private driveway; (3) within an intersection; (4) within ten feet of a fire hydrant; (5) on a crosswalk; (6) within twenty feet of a crosswalk at any intersection; (7) within thirty feet upon the approach to any flashing beacon, stop sign or traffic control signal located at the side of a roadway; (8) within fifty feet of the nearest rail of a railroad crossing; (9) within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance when properly sign-posted; (10) alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic; (11) on the roadway side of any vehicle stopped or parked at the edge or curb of a street; (12) upon any bridge or other elevated structure upon a street; (13) at any place where official signs prohibit stopping; or, (14) upon private residential property without first receiving consent of the owner thereof. SEC. ~ 8.04. UNAUTHORIZED REMOVAL. It is unlawful for any person to move a vehicle not owned by such person into any prohibited area or away from a curb such distance as is unlawful. i.C i Qf. HQfJS. 'FFt.~ '15R DA (jU(JM(;. TRe term "R8lo1se trailer" fer l'1\,1rjil8Ses sf tRis iestisR meaRS aRY trailer ElesigRe€l fer Re\,lsiRfj !,eF88Rs eR a teFR!,8rarj 8r semi !,eFFRaR9f:lt Basis. It is \,IRla'Mfl,jI fer BRY pSFSBR 18 leave Sf parh Ii l:Iew88tFsiler 8A Sf v:iti:;liR tJ;;Je IiFRite sf 8RY street sr rigl:1t sf '",:ay, 8W3Spt 'A'ReFS sigRS Bfa 8r88ta~ ae8i~RatiRg iRe plass as a sampsite, kJr mere tf:;)SR ~.:8 (~) I:IBWFS. SEC. 8.05. DIRECTION TO PROCEED. It is unlawful for any person to stop or park a vehicle on a street when directed or ordered to proceed by any police officer invested by law with authority to direct, control or regulate traffic. SEC. 8.08. PARALLEL PARKING. Except where angle parking is specifically allowed and indicated by curb marking or signposting, or both, each vehicle stopped or parked upon a two-way road where there is an adjacent curb shall be stopped or parked with the right-hand wheels of the vehicle parallel with, and within twelve (12) inches of, the right-hand curb and, where painted markings appear on the curb or the street, such vehicle shall be within such markings, front and rear, provided that upon a one-way roadway all vehicles shall be so parked, except that the left hand wheels of the vehicle may be parallel with and within twelve (12) inches from the left-hand curb, but the front of the vehicle in any event and with respect to the remainder of the vehicle, shall be in the direction of the flow of traffic upon such one-way street; and it is unlawful to park in violation of this Section. SEC. 8.07. ANGLE PARKING. Where angle parking has been established and is allowed, as shown by curb marking or signposting, or both, each vehicle stopped or parked shall be at an angle of approximately forty-five to sixty degrees with the front wheel touching the curb and within any parking lines painted on the curb or street, provided that the front wheel not touching the curb shall be the portion of the vehicle furthest in the direction of one-way traffic; and it is unlawful to park in violation of this Section. SEC. 8.08. STREETS WITHOUT CURB Upon streets not having a curb each vehicle shall be stopped or parked parallel and to the right of the paving, improved or main-traveled part of the street; and it is unlawful to park in violation of this Section. SEC. 8.09. EMERGENCY. In order to facilitate movement of traffic and promote public convenience in times of emergency, the following additional parking restrictions shall be in effect. Subd, 1, "Emergency" Defined, An emergency means a conditiOn created on City streets because of the presence of snow, freezing rain, sleet, ice or snow drifts thereon, or other natural phenomenon which create or are likely to create hazardous road conditions or impede or likely to impede the free movement of fire, health, police, or other emergency traffic or citizen motorist's travel. Subd, 2, Declaration of an Emergency; Procedure-and Effective Time. An emergency condition shall automatically go into effect whenever the snowfallr as meaSt;:Jre~ aFl~ rSJHHts(j kly tl=ls ~lati8Ral 'A'eatRsr igpJi88 at Ute MiFlFleal3€1li8!~t. Pawl Metn313€11itaFl AirlieFt, meets or exceeds two (2) inches in depth. All other emergencies shall be declared at the discretion of the Emergency Official (defined as the Mayor, or in his absence, the Public Works Director or the Chief of Police). The Emergency Official shall declare an emergency and notify the news media requesting them to cooperate in giving notice to the community and its motorists. Two hours after notice to the news media, the emergency shall be in effect. Subd. 3. Unlawful Parking. During an emergency, it is unlawful to park or leave standing any vehicle upon any street until the street has been cleared of snow to its full width, or in the case of emergencies other than those caused by large snowfalls, until such time as the emergency condition has been remedied. Source: Ordinance 348, Second Series Effective Date: 1-23-94 (All of 8.09) SEC. 8.10 r:RLlCK PAFI/Q"'Q TRACTOR TRAILERS. TRAILER. SEMI-TRAILER. COMMERCIAL VEHICLE! EQUIPMENT. RECREA nONAL VEHICLE / Eauipment PARKING. SUBD, 1. It is unlawful to park a detached semi-trailer, detached tractor trailer, or commercial vehicle I equipment upon any street, municipally owned parking lot, or other public property, SUBD. 2. II is unlawful to park an attached tractor trailerB8f.li ~ja8tiij 8P 6EIF1'Ii- and semi-trailer or commercial vehicle I equipment, ettael:!eil er ileteel:!eil WaR! tl:!e etl:!eF, on any streets or alleys iF! a resiileF!tial ilistriet, except for the purpose of loading or unloading the same. In no case mav tractor trailer, semi- trailer or commercial vehicle I equipment parkinQ exceed six hours. ;-;'"';~'''"'"~-I'"''''''T'i"",'"-''':''_'''' ,;![~:..~:~I!~tractor trailer Source: Ordinance No.158,Second Series, Section 8.1 O,Subd. 2,3,4 Effective Date: 6-7-84 SUBD, 5. It i8 wRla':AwI te ~aFl~ a 8eFl'll trailer, '.\'RetRer er Ret attaElReEl te a trwsh: tr88t8r, witRiR SA area ;leAS" as a Fe8i~BRtial aistri8t,8HG8Jit fer tRe pWFJi8se ef leeellRg er wRleeEliRg tAe eeR'le. It is unlawful to park a trailer of any kind, loaded or unloaded, whether or not attached to a vehicle. on any street or allev between the hours of 7:00 PM to 7:00 AM, It is unlawful to park a trailer of any kind, loaded or unloaded, whether or not attached to a vehicle on any municipally owned parkinQ lot Trailers parked on street and allevs between the hours of 7:00 AM to 7:00 PM must utilize blockinQ or other means to prevent the trailer tonQue support from damaQinQ the pavement surface. SUBD. 6. It ie wRlewfwl tEl peFh e e8FRFReFSiel v8hlel8 ef FRer8 theR tRr88 'weFter (2!1) teR eepBeity 11I81>.::e8R S:QQ e'sIElsl~ A.M. BRei i:QQ r.M, 8R BRi '~\'88h:ga~' \a:itRiA BRY parltiR8 spees, 8wt parkiRg 8f SelBR vaRials f8r a ti8Fieg 8f Rst mere tABR tRiFly (2Q) miRwtee eRBlllle ~erFl'litteel iR eweR e~Bee fer tRe ~wr~ee8 ef R8seeeBrl BSS888 tEl Bl1IwttiR!! ~Fe~er4'1 fer leeeliR!! 8r wRleBeliR!! ....-ReR eweR assess saRRet rea.seRa~ly ~8 S88b1feEil HSI=FI 8R aile}, Sf fF8fR SR aeijaG8Rt street ',VR8F8 trw81~ parl,iR!j i8 RElt 8E1 FS8tristsEI. , It is unlawful to park recreational vehicles I equipment on any street or alley, except for the purpose of loadinQ or unloadinQ the same, In no case may recreational vehicle I equipment beina loaded or unloaded be parked on the street be parked in excess of 6 hours, It is unlawful to park recreational vehicles or recreational equipment on anv municipallv owned parkina lot except for the Mississippi River, Lake Rebecca and Lake Isabel boat ramp parkinQ areas. SUBD. 7. It is unlawful to park a commercial vehicle I equipment within an alley in such a manner or under such circumstances as to leave available less than 10 feet of the width of the alley traveling surface for free movement of vehicular traffic, except that persons loading or unloading merchandise to stores or other business establishments and like facilities may, if necessary to such loading or unloading, occupy a greater portion of the alley so long as the operator of the vehicle is in the immediate presence of the vehicle to allow moving of the vehicle when necessary for passage of other vehicles using the alley. SUBD. 8, Parking Restrictions in Municipal Parking Lots. In municipally owned parking lots, the Council may limit the sizes and types of motor vehicles to be parked thereon, hours of parking, and prescribed method of parking, provided that such limitations and restrictions are sign-posted thereon. It is unlawful to park any vehicle in any municipally owned parking lots contrary to the restrictions or limitations so sign-posted. SEC. 8.11. IMPOUNDING AND REMOVING VEHICLES. When any pOlice officer finds a vehicle standing upon a street or municipally owned parking lot, or on private residential property without the consent of the owner, in violation of any parking regulation, such officer is hereby authorized to require the driver or other person in charge of such vehicle to remove the same to a position in compliance with this Chapter. When any police officer finds a vehicle unattended upon any street or municipally-owned parking lot, or on private residential property without the consent of the owner, in violation of any parking regulation, such officer is hereby authorized to impound such unlawfully parked vehicle and to provide for the removal thereof and to remove the same to a convenient garage or other facility or place of safety; provided, that if any charge shall be placed against such vehicle for cost of removal or storage, or both, by anyone called upon to assist therewith, the same shall be paid prior to removal from such place of storage or safekeeping. Source: City Code Effective Date: 9-1973 SEC. 8.12 PARKING PRIVILEGES FOR PHYSICALL Y HANDICAPPED. ( Repealed by Ordinance No. 83, Second Series, adopted 8-21-78). SEC. 8.13. RESTRICTED DA YS AND HOURS OF PARKING. It is unlawful for any person to park on any street on any day during prohibited hours on any day, or in excess of the permitted number of hours when the same has been marked by signposting in each block or contiguous area of parking thereon, provided that parking on any street is prohibited in excess of ~ 24 hours, This provision shall supplement any other provision of this Chapter. (SectIons 8.14 through 8.19, inclusive, reserved for future expansion). SEC. 8.20. PARKING FOR THE PURPOSE OF ADVERTISING OR SELLING MERCHANDISE. It is unlawful for any person, without first obtaining a permit from the City, to park a vehicle on any street for the purpose of selling merchandise thereon or therein, or advertising any merchandise for sale or a forthcoming event, for a period longer than 15 minutes. Provided, however, that this Section shall not apply to the sale of farm or garden products by the person producing same. SEC. 8.21. VEHICLE REPAIR ON STREET. It is unlawful for any person to service, repair, assemble or dismantle any vehicle parked upon a street, or attempt to do so, except to service such vehicle with gasoline or oil or to provide emergency repairs thereon, Source: Ordinance No. 83, Second Series Effective Date: 11-9-78 (Sections 8.22 through 8.98, inclusive, reserved for future expansion). SEC. 8.99. VIOLA TION A MISDEMEANOR OR PETTY MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as follows: Subd. 1. Where the specific section, subdivision, paragraph or provision specifically makes violation a misdemeanor, he shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, he shall be punished as for a misdemeanor; where he stands convicted of violation of any provision of this Chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12 month period for the third or subsequent time, he shall be punished as for a misdemeanor. Subd. 2. As to any violation not constituting a misdemeanor under the provisions of Subdivision 1 hereof, he shall be punished as for a petty misdemeanor. Source: City Code Effective Date: 9-1-73