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Home My WebLink About08-02-04 CITY OF HASTINGS COUNCIL MEETING Monday, August 2, 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 July 19, 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 singl. motion. Ther. wiff be no discussion of these items unless a Counci/member or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate deparlment for discussion. 1. Pay Bills As Audited 2. Budget Adjustment Request 3. Request Renewal of Audit Contract 4. Accept Water Quality and Production Study Proposal 5. Order Public Hearing-Vacation of Right-of-Way #2004-40: East Half of Forest Street Adjacent to 418 West 2,d Street (Lori Duong) 6. Approve 2004 Building Fee Schedule 7. Resolution-Approve Gambling Pennit for Regina Medical Center (October 24, 2004) 8. Approve Closing of Two Blocks for Downtown Business Association and Main Street Festival on September 18, 2004 VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award of Bid-Warming Shelter Buildings 2. Public Hearing-Vacation of Right-of-Way #2004-36: West Half of Forest Street adjacent to 500 West 2,d Street (Robert Langenfeld) VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Appeal Restriction of Fencing in Ponding Basin Easement-1336 Eagle Bluff Drive 2. Appeal Removal of Landscape Retaining Wall and Fill in Ponding Basin-1328 Eagle Bluff Drive ~ ~ Planning '\; Resolution: Vacation of Right-of-Way #2004-36 - West Half of Forest Street adjacent to 500 West 2,d Street (Robert Langenfeld) Resolution-Variance #2004-35: Sideyard Setback-1947 Ridge Lane (LeRoy Finke) Resolution-Variance #2004-38: Allow Projecting Signs/Exceed Maximum Signage: Green Mill/Dunn Brothers Building (Schoolhouse Square) B. f; , l )i\ ~ Resolution-5ite Plan #2004-21: Whispering Lane Condominiums (Lawrence Builders) Resolution-Final Plat #2003-56: South Oaks of Hastings 3"' Addition (Greg Jablonske) Resolution-Final Plat #2004-37: Wallin 11th Addition (Wallin LId Partnership) Resolution-Preliminary and Final Plat #2004-34: Regina Medical Addition 7. C. Administration 1. Authorize Advertisement for IT Staff Person 2. Proposal for Consulting Engineering Services Relating to City Dock IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Monday, August 16, 2004 ! ~. 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Jauu eJosauul1/II 's6u!~SeH !O AJ!::> aLj~!o Ipuno::> A~!::> aLj.L t70m: '6~ Alnr ~osauu!w 's6ul'SeH Minutes of the Regular Meeting of July 19, 2004 Page 2 of 4 12, Resolution-Approval of Full On-Sale Liquor License: The Busted Nut, (118 2nd Street East) 13, Excess Property Old Squad Cars Appeal Removal of Landscape Retaining Wall and Fill in Ponding Basin-1328 Eagle Bluff Drive Mayor Werner noted that staffs recommendation is to direct removal of the retaining wall and have the property owner correct the grading of the ponding basin. Six votes are needed to approve a request contrary to staff recommendation; simple majority of Council members present is needed to support staffs recommendation, Don Hartinger, 1328 Eagle Bluff Drive, requested that the item be tabled until the August 2 Council meeting for discussion, Moved by Councilmember Moratzka, seconded by Councilmember Hazlet to table the item until August 2, 2004, 5 Ayes; Nays, none, Appeal Restriction of Fencing in Ponding Basin Easement-1336 Eagle Bluff Drive Mayor Werner noted that staffs recommendation is to deny the fencing request. Six votes are needed to approve a request contrary to staff recommendation; simple majority of Councilmembers present is needed to support staffs recommendation, Rich Myklebust, 1336 Eagle Bluff Drive, requested that the item be tabled until the August 2 Council meeting for discussion, Moved by Councilmember Hazlet, seconded by Councilmember Hicks to table the item until August 2, 2004, 5 Ayes; Nays, none, Resolution-Development and Business Subsidy Agreement for Jakata Properties Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the resolution as presented, 5 Ayes; Nays, none, Resolution-Variance #2004-38: Allow Projecting Signs/Exceed Maximum Signage: Green Mill/Dunn Brothers Building (Schoolhouse Square) Moved by Council member Moratzka, seconded by Councilmember Hicks to table the request until August 2, 2004 City Council meeting, 5 Ayes; Nays, none, Resolution-Variance#2004-35: Sideyard Setback-1947 Ridge Lane (LeRoy Finke) Moved by Councilmember Schultz, seconded by Councilmember Moratzka to table the issue until the August 2, 2004 City Council meeting, 5 Ayes; Nays, none, l Minutes of the Regular Meeting of July 19, 2004 Page 3 of4 Resolution-Site Plan #2004-23: Lots 1-15, Block 4, Riverwood 7th Addition: 36th Street (MW Johnson) Moved by Council member Hicks, seconded by Council member Schultz to approve the resolution with the following conditions added: . Rock beds be added . Rental/Ownership language proposed by the applicant be added 5 Ayes; Nays, none. Resolution-Site Plan #2004-24: Lots 1-14, Block 6, South Oaks 2nd Addition: Century Drive (MW Johnson) Moved by Council member Hicks, seconded by Council member Schultz to approve the resolution with the following conditions added: . Rock beds be added . Rental/Ownership language proposed by the applicant be added . 18 trees will be added at the park side of property 5 Ayes; Nays, none. Site Plan #2003-44 Extension Request-Williams 1st Addition 30-Unite Building (Whispering Lane) Moved by Councilmember Hicks, seconded by Council member Schultz to deny the request for an extension 5 Ayes; Nays, none. Request for Park Dedication Fee Reduction-David Vanney, Attorney for Advanced Homes (Riverwood 8th Addition) David Vanney proposed that the park dedication fees should be reduced. He stated that the previous fee schedule, which was recently amended, calls for a park dedication fee of $137,088. The recently amended fee schedule call for a park dedication fee of $86,394. Vanney contended that, under state regulations, his client's park dedication obligation should only be $43,000, but that his client is willing to pay $86,394. . Councilmember Schultz expressed frustration with developers' requests for park dedication fee reductions when the City continues to receive requests for park development. Councilmember Moratzka stated that all developers were notified of the proposed fee increases and thus built those fees into their construction costs. She expressed concern that if the developer is charged less park dedication fees, then those fee reductions will not be passed along to the consumer. She stated reluctant support for the request. Councilmember Hicks stated that the Council's action in reducing the park dedication fee structure was an acknowledgment that the fees were too high and that the current structure is in compliance with state law. Minutes of the Regular Meeting of July 19, 2004 Page 4 of 4 Moved by Councilmember Hicks, seconded by Council member Hazlet to accept park dedication payment in the amount of $86,394 for the Riverwood 8th Addition. Roll Call Vote was taken. 4 Ayes; Nays, one. Councilmember Schultz voting against. Interim Finance Director Appointment Moved by Councilmember Schultz, seconded by Councilmember Moratzka to appoint Assistant Finance Director Char Stark as interim Finance Director until January 2005. 5 Ayes; Nays, None. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Hicks to adjourn the meeting at 7:46 p.m. 5 Ayes; Nays, None. ATTEST Mayor City Clerk Date: 07/29/2004 Department Time: 11:20:11 Operator, BECKY KLINE CITY OF HASTINGS FM Entry _ Invoice Payment - Department Report vendor Name Description ---------~---------- -------------------~ --------------------- CNA INSURANCE Total for AUG INS PREM Department COUNCIL AND MAYOR COUNCIL AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK FINANCE FINANCE FINANCE FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING PLANNING M.1.S. M.I.S. M.1.S. POLICE LIFE INS PREMIUM/ AUG PMT 7/30: CONNELL CS00143 PMT 7/30: PUCH/CS 001386147 for Department 000 MINNESOTA MUTUAL MN CHILD SUPPORT MN CHILD SUPPORT Total FILTERFRESH MINNESOTA MUTUAL SPRINT COFFEE SERVICE LIFE INS PREMIUM/ AUG MONTHLY TELEPHONE Total for Department 102 FARMER BROS CO. COFFEE MINNESOTA MUTUAL LIFE INS PREMIUM/ AUG NEXTEL COMMUNICATION CELL PHONE SERVICE SPRINT MONTHLY TELEPHONE Total for Department 105 MINNESOTA MUTUAL SPRINT LIFE INS PREMIUM/ AUG MONTHLY TELEPHONE Department 107 Total. for AMERICAN PAYROLL ASS BENSON/ WAGE "^ HOUR SUMM GOVT FINANCE OFFICER SGR GAAFR REVIEW MINNESOTA MUTUAL LI FE INS PREMIUM/ AUG SPRINT MONTHLY TELEPHONE STARK, CHARLENE EXPENSE REIMBURSEMENT Total for Department 120 INTEK PLASTICS INC ROOM RENTAL REFUND CONTINENTAL RESEARCH CHEMICAL SUPPLIES MAP CONSTRUCTION, IN PILLAR FILLIGREE REPAIRS MINNESOTA MUTUAL LIFE INS PREMIUM! AUG SPRINT MONTHLY TELEPHONE T.D. 'S CLEANING JULY CLEANING TOWER CLEANING SYSTE JULY CLEANING XCEL ENERGY MONTHLY ELECTRICITY Total for Department 140 RECORDING FEES LI FE INS PREMIUM! AUG MONTHLY TELEPHONE Total for Department 150 DAKOTA COUNTY PROPER MINNESOTA MUTUAL SPRINT MINNESOTA MUTUAL NORNES, STEPHANIE SPRINT LIFE INS PREMIUM/ AUG REPLACEMENT BATTERIES/RE MONTHLY TELEPHONE Department 160 Total for ASSN OF MN EMERGENCY CONFERENCE REG/HOLMES &: Page: 1 VI-l Amount 254.22 254.22'" 1,267.54 238.57 438.39 1,944.50'" 191.70 54.68 13.39 259.77'" 24.60 20.24 37.84 199.90 282.58* 5.35 13.39 18.74* 10.00 50.00 32.40 101.36 39.75 233.51* 50.00 115.88 400.00 8.10 43.65 1,150.80 1,196.21 4,063.07 7,027.71* 110.00 15.BO 66.93 192.73* B.l0 154.44 26.77 189.31* 200.00 Date: 07/29/2004 Time: 11:20:11 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment ~ Department Report Department Vendor Name Description -------------------- -------------------- ------------------ POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUILDING AND BUILDING AND BUILDING AND BUILDING AND BUILDING AND PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLI C WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BOISE CASCADE OFFICE INU DRUM DE LAGE LANDEN FINAN DICTATION SYSTEM GERRY'S FIRE PROTECT FIRE EXTINGUISHER RECHAR JACK'S UNIFORM EQUI RESERVE BADGES MINNESOTA MUTUAL LIFE INS PREMIUM/ AUG NEXTEL COMMUNICATION CELL PHONE/DRUG TASK FOR NOWLAN, CRAIG SEMINAR EXPENSES SPRINT MONTHLY TELEPHONE WALMART COMMUNITY GENERAL SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY Total for Department 201 INSPECT BENSHOOF KEVIN INSPECT MESAROS, WILLIAM INSPECT MINNESOTA MUTUAL INSPECT SPRINT INSPECT SPRINT SAFETY BOOTS/ GLASSES CONFERENCE EXPENSES LIFE INS PREMIUM/ AUG MONTHLY TELEPHONE TELEPHONE Total for Department 230 SCHMIDT ROBERT SAFETY BOOTS ABM EQUIPMENT " SUPP REPAIR/ PUMP AMERICAN TEST CENTER BUCKET TRUCK INSPECT ANDERSEN, E.F. & ASS STREET SIGN PLATES GURNEY, DAVID EMILY'S RElMUBURSEMENT HASTINGS FORD-JEEP-E BUMPER HASTINGS FORD-JEEP-E PART JIRIK SOD FARM INC SOD MACQUEEN EQUIPMENT, SHEAR PIN MINNESOTA MUTUAL LIFE INS PREMIUM/ AUG SOLBERG AGGREGATE CO ROCK. SPRINT TELEPHONE SPRINT VOICE/DATA CONNECTIONS TERRY'S ACE HARDWARE BLADE TERRY'S ACE HARDWARE BLADE/ NAILS TERRY'S ACE HARDWARE KEYS/ GLUE TERRY I S ACE HARDWARE SPRAYER TERRY'S ACE HARDWARE SUPPLIES TERRY'S ACE HARDWARE TUBES WALMART COMMUNITY CD' S/ CASES WALMART COMMUNITY SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY Total for Department 300 PARKS AND RECREATION MINNESOTA MUTUAL LIFE INS PREMIUM/ AUG Total for Department 401 Total for Fund 101 PARKS AND RECREATION ELECTRO WATCHMAN, IN JMF/ ALARM SERVICE PARKS AND RECREATION FERGUSON ENTERPRISES PVC IRRIGATION PARTS Ie page: 2 Amount ------------ 175.67 290.05 61.92 461.75 226.80 51.06 158.50 716.86 20.75 36.05 2,399.41* 57.35 453.58 32 .40 66.93 13.39 623.65* 46.83 1,028.81 450.00 66.67 49.06 29.91 2.08 17.89 5.42 117.29 32.35 223.52 149.29 5.85 7.26 14.84 35.13 45.28 6.26 37.82 22.95 12,554.66 14,949.17* 4.05 4.05* 28,379.35* 200.11 16.10 Date: 07/29/2004 Time: 11:20:11 Operator: BECKY KLINE CITY OF HASTINGS FM Entry ~ Invoice Payment ~ Department Report Department Vendor Name Description --~--.-~~~~- ----------~~---- ---------------------- PARKS AND RECREATION MINNESOTA MUTUAL LIFE INS PREMIUM! AUG PARKS AND RECREATION MTI DISTRIBUTING COM BODY PARKS AND RECREATION MTI DISTRIBUTING COM HUB WHEEL PARKS AND RECREATION MTI DISTRIBUTING COM MOWER PARTS PARKS AND RECREATION MTI DISTRIBUTING COM RETURN PARKS AND RECREATION MTI DISTRIBUTING COM V-BELT PARKS AND RECREATION MTI DISTRIBUTING COM V-BELTS PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION NINE EAGLES PROMOTIO CLOTHING/ KEVIN PARKS AND RECREATION SPRINT TELEPHONE PARKS AND RECREATION SPRINT VOICE/DATA CONNECTIONS PARKS AND RECREATION S & T OFFICE PRODUCT OFFICE SUPPLIES PARKS AND RECREATION TERRY'S ACE HARDWARE CORD PAR #4 PARKS AND RECREATION TERRY'S ACE HARDWARE GRASS SEED PARKS AND RECREATION TERRY'S ACE HARDWARE HALOGEN LIGHTS PARKS AND RECREATION TERRY'S ACE HARDWARE NUTS I BOLTS PARKS AND RECREATION TERRY'S ACE HARDWARE PAINT PARKS AND RECREATION TERRY'S ACE HARDWARE SUPPLIES PARKS AND RECREATION WALMART COMMUNITY JMF SUPPLIES PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY PARKS AND RECREATION YOCUM OIL CO INC DIESEL FUEL Total for Department 401 Total for Fund 200 PARKS AND RECREATION LYNETTE SCHLOSSER SWIM LESSON REFUND PARKS AND RECREATION MARY JUBA SWIM LESSON REFUND PARKS AND RECREATION TAMMY GIFFORD SWIM LESSON REFUND PARKS AND RECREATION JENNIFER MCGRATH SWIM LESSON REFUND PARKS AND RECREATION TRACY SHAW DAILY ADMISSION REFUND PARKS AND RECREATION HEATHER. MOLITOR SWIM LESSON REFUND PARKS AND RECREATION ANN MCGRATH SWIM LESSON REFUND PARKS AND RECREATION AQUA LOGIC, INC. CHEMICALS PARKS AND RECREATION DIPPIN DOTS, INC. CONCESSION SUPPLIES PARKS AND RECREATION DJAY SOUND &. LIGHT S TEEN NIGHT DJAY PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES PARKS AND RECREATION MIDWEST COCA-COLA BT CONCESSION SUPPLIES PARKS AND RECREATION MINNESOTA MUTUAL LIFE INS PREMIUM/ AUG PARKS AND RECREATION NAT' L TICKET COMPANY WRIST BANDS PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE PARKS AND RECREATION SPRINT TELEPHONE PARKS AND RECREATION SPRINT YELLOW PAGES PARKS AND RECREATION VISTAR CORPORATION CONCESSION SUPPLIES PARKS AND RECREATION WALMART COMMUNITY CONCESSION SUPPLIES PARKS AND RECREATION WALMART COMMUNITY POOL SUPPLIES PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY Total for Department 401' Total for Fund 201 ',- Page: 3 Amount 52.65 25.72 474.70 856.62 -167.40 98.21 79.17 273.74 173.00 274.49 298.58 191. 71 5.85 4.25 53.20 5.11 18.49 30.84 30.92 3,228.09 987.82 7,211.97. 7,211.97. 66.00 33.00 66.00 66.00 20.50 33.00 33.00 2,379.32 504.00 1,074.00 746.30 445.35 11.18 109.83 39.18 125.31 10.25 845.35 109.27 8.80 2,772.90 9,498.54. 9,498.54. Date, 07/29/2004 Time: 11:20,12 Operator, BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description ---~~------------------- ------------ Amount --------------- -~----------- CABLE SPRINT TELEPHONE Total for Department 420 Total for Fund 205 TELEPHONE Total for Department 170 Total for Fund 210 HERITAGE PRESERVATIO SPRINT FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE ANCOM COMMUNICATIONS PAGER REPAIR FAIR OFFICE WORLD OFFICE SUPPLIES MINNESOTA MUTUAL LIFE INS PREMIUM! AUG MOTOR PARTS SERVICE PARTS! 1480 SOUTHEAST TOWING OF AMBULANCE TOW SPRINT TELEPHONE TERRY'S ACE HARDWARE CONNECTOR! NUT LOCK TERRY'S ACE HARDWARE FERRULE STOPS!i480 TERRY'S ACE HARDWARE HILLMAN FASTENERS TERRY t S ACE HARDWARE KEYBLANK MSTER TERRY'S ACE HARDWARE SHIPPING TERRY'S ACE HARDWARE SUPPLIES TERRY'S ACE HARDWARE TAPE/TUBING WALMART COMMUNITY STATION SUPPLIES XCEL ENERGY MONTHLY ELECTRICITY Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE WPS-MEDICARE PART B CECIL FOSTERI CALL 20040 WPS-MEDlCARE PART 8 OWEN JUDGE!CALL 20040860 NINETY-FOUR SERVICES GROVER HORN/PLEXI PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Total for Fund 213 EQUIPMENT REVOLVING MAP CONSTRUCTION, IN BALANCE ON CONTRACT Total for Department 800 Total for Fund 403 HOUSING AND REDEVELQ MINNESOTA MUTUAL HOUSING AND REDEVELO SPRINT LIFE INS PREMIUM! AUG TELEPHONE Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT HINZMAN JOHN CONFERENCE EXPENSES ECONOMIC DEVELOPMENT MINNESOTA MUTUAL LIFE INS PREMIUM! AUG Total for Department 180 L_ Page: 4 13 .39 13.39* 13.39* 13.39 13.39* 13 .39* 75.44 258.34 105.30 5.71 58.58 456.54 26.69 4.44 5.27 8.04 8.06 113.90 8.18 124.01 954.95 2,213.45* 245.38 193.46 217.30 111.78 767.92. 2,981.37* 6,600.00 6,600.00* 6,600.00* 8.91 13.39 22.30* 22.30. 564.45 1.22 565.67* Date: 07/29/2004 Department Time: 11,20:12 Operator: BECKY KLINE Page: 5 Amount ---~---------------- --~----------------- -----------------.------ ------------ 565.67* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name Description Total for Fund 407 BARR ENGINEERING CO. PRELIM WESTWOOD SS DESIG Total for Department 300 Total for Fund 494 DPC INDUSTRIES, INC. HYDROFLOURQSILICIC ACID HACH COMPANY TEST KIT MINNESOTA MUTUAL LIFE INS PREMIUM! AUG NORTHERN SAFETY TECH SWITCHES! BRACKET SPRINT TELEPHONE SPRINT VOICE!DATA CONNECTIONS T .D. I S CLEANING JULY CLEANING TERRY I S ACE HARDWARE KEY TAGS TERRY'S ACE HARDWARE RAGS TERRY'S ACE HARDWARE SHIpPING SERVICE WALMART COMMUNITY SUPPLIES WALMART COMMUNITY TOWELS! CLEANER XCEL ENERGY MONTHLY ELECTRICITY Total for Department 300 Total for Fund 600 CUSTOM ASPHALT STREET REPAIRS MINNESOTA MUTUAL LIFE INS PREMIUM! AUG TERRY'S ACE HARDWARE BOLTS TERRY'S ACE HARDWARE DRILL BITS! TAPS TERRY'S ACE HARDWARE FITTINGSI PIPE TERRY'S ACE HARDWARE PLUGS TERRY'S ACE HARDWARE PLUGS! TAPE TERRY I S ACE HARDWARE RAGSI BOLTS! NUTS XCEL ENERGY MONTHLY ELECTRICITY Total for Department 300 Total for Fund 601 CITY CLERK MINNESOTA MUTUAL LIFE INS PREMIUM! AUG CITY CLERK SPRINT TELEPHONE Total for Department 107 Total for Fund 610 PARKS AND RECREATION BONESTROO & ASSOC PARKS AND RECREATION MINNESOTA MUTUAL PARKS AND RECREATION SPRINT PARKS AND RECREATION SPRINT PARKS AND RECREATION XCEL ENERGY PAY REQUEST #1 LIFE INS PREMIUM! AUG TELEPHONE VOlCE!DATA CONNECTIONS MONTHLY ELECTRICITY Total for Department 401 1,743.75 1,743.75* 1,743.75* 622.50 376.26 45.04 64.50 129.82 149.29 319.50 12.76 31.92 25.24 57.77 7.80 10,877.54 12,719.94* 12,719.94* 972.00 24.38 18.00 23.48 11. 63 7.60 80.97 23.85 744.55 1,906.46* 1,906.46* 23.00 15.39 38.39* 38.39* 25,883.70 21.22 95.80 298.52 2,662.98 28,962.22* Date: 07/29/2004 Department Time: 11:20:12 Operator: BECKY KLINE Page: 6 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - -- Description PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PLANNING PLANNING PLANNING PLANNING PLANNING PLANNING Total for Fund 615 GRAINGER, W.W. INC. MINNESOTA MUTUAL MOTOR PARTS SERVICE PORTABLE BARGE SERVI SPRINT XCEL ENERGY Total for PUMP LIFE INS PREMIUM/ AUG BATTERY INSTALL LOG BOOM TELEPHONE MONTHLY ELECTRICITY Department 300 Total for Fund 620 BDM CONSULTING ENGIN EASTENDER'S ADDITION BOM CONSULTING ENGIN GLENDALE HEIGHTS BOM CONSULTING ENGIN RlVERWOOD a/PLAN REVIEW BDM CONSULTING ENGIN RY-VIC WEST BOM CONSULTING ENGIN VITT PROP BENSHOOF & ASSOCIATE TRAFFIC STUDY/WHISPERING Total for Department 150 Grand Total Total for Fund 807 Amount 28,962.22* 482.13 14.18 121.71 4,120.50 43 .65 3,745.38 8,527.55* 8,527.55* 500.00 3,062.50 812.50 125.00 62.50 475.00 5,037.50* 5,037.50* 114,221.79* August 2, 2004 -J:,hlJ/\lo" Finance Director Mayor Werner Otyof J.-Lslt gs Mem:rmim To: City Council From: Becky Kline, Finance Department Date: 07/27/2004 The attached Department Report itemizes vouchers that were paid on July 27, 2004. Thank you. .uw.::'I ..~ __ Date: 07(27/2004 Time: 08:13:20 Operator: BECKY KLINE Page: 1 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry _ Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE POLICE POLICE POLICE POLICE PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS REGINA MEDICAL CENTE JULY WELLNESS Total for Department 000 BOISE CASCADE OFFICE FILES BOISE CASCADE OFFICE TABLETS GRAPHIC DESIGN BUS CARDS/BERNSTEIN GRAPHIC DESIGN LABELS HEPOLA RALPH PERFORMANCES/ GRAND EXCU ICMA CONF. REGISTRAT ICMA CONF REGISTRATION/ Total for Department 105 MINN UC FUND UNEMPLOYMENT PAYMENT/HEL MINN UC FUND UNEMPLOYMENT PAYMENT/KOC Total for Department 107 MN TREASURY MANAGEME STARK / MEMBERSHI P FEES Total for Department 120 GRAINGER, W.W. INC. LAMP BALLASTS NORTHLAND CHEMICAL S CLEANING CHEMICALS ORKIN PEST CONTROL JULY SERVICE SCHILLING PAPER CO. PAPER SUPLIES TERRY'S ACE HARDWARE FUSES TERRY'S ACE HARDWARE SUPpLIES Total for Department 140 CITY OF MPLS. AUTOMATE PAWN SYSTEM HASTINGS VEHICLE REG 1996 DODGE PICKUP/ TITLE HASTINGS VEHICLE REG REGISTRATION CHANGE/MARK TERRY'S ACE HARDWARE 8HI PPING Total for Department 201 COMMERCIAL ASPHALT C HOT MIX NEXTEL COMMUNICATION CELL PHONE NORTHERN TOOL & EQUI SUPPLIES Total for Department 300 Total for Fund 101 PARKS AND RECREATION CHEMSEARCH VOLTZ II PARKS AND RECREATION IND. SCHOOL DISTRICT SUPPLIES/ JT OPERATIONS PARKS AND RECREATION NAT I L RECREATION & P BERNSTEIN/ NRPA RENEWAL PARKS AND RECREATION 0' BRIEN, JOE CHEVROL HANDLE PARKS AND RECREATION SHERWIN~WILLIAMS MASKING TAPE PARKS AND RECREATION SHERWIN-WILLIAMS PAINT/ STRAINER PARKS AND RECREATION TOWER CLEANING SYSTE CLEANING SERVICES Total for Department 401 Total for Fund 200 PARKS AND RECREATION KULVICH FAMILY SWIM LESSON REFUND 100.00 100.00* 15.21 36.36 62.84 85.20 450.00 545.00 1,194.61* 4.85 83.55 88.40* 125.00 125.00* 30.89 50.76 91. 30 132.33 17.54 22.89 345.71* 165.00 207.95 22.00 13.80 408.75* 6,856.46 1,060.93 79.83 7,997.22* 10,259.69* 843.01 185.88 215.00 20.58 45.62 56.08 500.55 1,866.72* 1,866.72* 66.00 Date; 07/27/2004 Time: 08 :13 :21 Operator; BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description ---------------- -------------------- ------------------------ PARKS AND RECREATION BAUER FAMILY SWIM LESSON REFUND PARKS AND RECREATION IRONS IDE DARLA SWIM LESSON REFUND PARKS AND RECREATION NADINE SACK SWIM LESSON REFUND PARKS AND RECREATION DIPPIN DOTS, INC. ICE CREAM PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES PARKS AND RECREATION GRAPHIC DESIGN COLORED PAPER PRINTS PARKS AND RECREATION MIDWEST COCA-COLA BT CONCESSION SUPPLIES PARKS AND RECREATION TERRY'S ACE HARDWARE BRACKETS PARKS AND RECREATION TERRY'S ACE HARDWARE COPING SEALANT PARKS AND RECREATION TERRY'S ACE HARDWARE MURIATIC ACID PARKS AND RECREATION TERRY'S ACE HARDWARE SUPPLIES PARKS AND RECREATION VI STAR CORPORATION CONCESSION SUPPLIES Total for Department 401 Total for Fund 201 REGINA MEDICAL CENTS JULY WELLNESS Total for Department 000 FIRE FIRE FIRE FIRE GRAPHIC DESIGN ENVELOPES/ GQV'T MN DEPT OF DRlVER/VE FIRE! LICENSE PLATES MOTOR PARTS SERVICE SW BUTTON NEXTEL COMMUNICATION CELL PHONE Total for Department 210 AMBULANCE AMBULANCE AMBULANCE ROBERT ADAMS REFUND OVERPAYMENT MORRIS DOROTHY REFUND OVERPAY PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Total for Fund 213 PARKS AND RECREATION BRYAN ROCK PRODUCTS, RED BALL DIAMOND AGO PARKS AND RECREATION SOLBERG AGGREGATE CO TUTI'LE FIELD AGG LIME Total for Department 401 Total for Fund 401 PUBLIC WORKS RYAN CONTRACTING CO SUPPLEMENTAL PAY EST Total for Department 300 Total for Fund 493 PUBLIC WORKS PUBLI C WORKS PUBLI C WORKS PUBLIC WORKS PUBLI C WORKS PUBLI C WORKS ECOLAB PEST ELIM.DIV ODOR UNITS GRAPHIC DESIGN STATEMENT MAILING NEXTEL COMMUNICATION CELL PHONE REGINA MEDICAL CENTE JULY WELLNESS SEH ENGINEERS PROF SERVICES! WLNERABI U.S. POSTMASTER POSTAGE Total for Department 300 page: 2 Amount - - - - - - ~ -- 33.00 33.00 5.50 546.00 547.85 175.19 121-20 40.23 19.47 12.19 33.72 772.56 2,405.91* 2,405.91* 180.00 180.00* 44.73 9.00 24.62 87.84 166.19* 8.00 49.42 84.96 142.38* 488.57* 1,860.91 2,490.70 4,351-61. 4,351.61* 3,865.26 3,865.26. 3,865.26* 12.25 160.17 542.86 40.00 3,414.36 993.98 5,163.62* Date: 07/27/2004 Time: OB: 13 :21 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 3 Department Vendor Name Description Amount Total for Fund 600 -------------------- -------------------- ------------------------ ------------ PUBLI C WORKS PUBLIC WORKS MCES WASTEWATER SERVICE REGINA MEDICAL CENTE JULY WELLNESS Total for Department 300 Total for Fund 601 PARKS AND RECREATION GOODIN CO. TRIP LEVERS PARKS AND RECREATION MN DEPT PUBLIC SAFET HAZARDOUS CHEMICAL INV F PARKS AND RECREATION R & R SPECIALITIES, MAINT SEMINAR/ ELLIOTT PARKS AND RECREATION REGINA MEDICAL CENTS JULY WELLNESS PARKS AND RECREATION RUTTGER' S SUGAR LAKE MIAMA CONF / PIRE LODGING PARKS AND RECREATION TERRY'S ACE HARDWARE PAINT THINNER Total for Department 401 Total for Fund 615 PUBLIC WORKS COUNTRY INN & SUITES LODGING/ ALTENHOFEN Total for Department 300 Total for Fund 620 Grand Total 5,163.62* 65,168.67 10.00 65,178.67* 65,178.67* 80.15 25.00 65.00 30.00 288.04 2.12 490.31* 490.31* 144.16 144.16* 144.16* 94,214.52* VI-2 MEMO Honorable Mayor and City Council members Charlene Stark, Assistant Finance Director 2004 Budget Adjustment July 16, 2004 TO: FROM: RE: DATE: The City Council is asked to authorize the following budget adjustments: Police Reserve $ 3,300.00 adjustment to police reserves budget to purchase the ATV and other equipment. This adjustment is funded from the Police Reservist's cash account To decrease the Police Operations uniform expense budget 101-201-2010-6218 by $808 in order to increase the Police Reservist program to fund the uniforms for the Police Reservists acquired during the year. This has a zero dollar affect to the 2004 budget. Backaround The Police Reservists program routinely receives donations from various businesses through out the year or years. As this accumulates the department makes a decision on how this will be spent. The cash account currently has $6,123.06. The reservists request to spend down this account by 3,300 this year. If you should have any questions regarding this information, please feel free to contact me. 2002 Improvement Proiects A transfer for 900,000 was done twice for this fund from the Water and Sewer funds.. Once back in August of 02 and Sept 02 for 600,000 and 300,000 respectively. Then again in October 03 for the full amount of $941,173.44 when it should have been the balance of $41,173.44. I am asking for a transfer back to the Water and Sewer funds for the $900,000 double transfer. - -, Pool Donation In April the City received a donation of $2,500.00 from Tim Gremmer, the Aquatics manger has decided to spend the donation by replacing some coping stones that are badly in need of repair. I am asking for a budget adjustment in the pool's repair & main!. line item for $2,500.00.201-401- 4102-6353. Council Action Reauested Authorize the above 2004 budget adjustments and 2004 correction transfer. . - VI-3 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene Stark, Assistant Finance Director 2004 Audit July 13, 2004 The City has been audited by this firm for the past six years. The City initially entered into a three year contract with Kern DeWenter and then extended the contract for another three years. Current policy allows for a three year contract with a renewal for up to three additional years (for a total of six years) before rebidding for audit services. Due to the circumstances with Lori's illness I am requesting an extension of the audit services of Kern DeWenter for an additional year. If you should have any questions or require additional information, please feel free to contact me. Council Action Reauested. Authorize approval for the Interim Finance Director to extend the audit contract for service for the 2004 audit. VI-4 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 28, 2004 Accept Proposal, Water Quality and Production Study Council is requested to accept the Water Quality and Production Study proposal from Bonestroo, Rosene, Anderlik & Associates. Their study proposes to: 1. Identify suitable sites for future Jordan Aquifer Wells 2. Evaluate options for drilling a Mount Simon Hinkley well 3. Evaluate diluting and lowering nitrate contamination levels through blending with new adjacent Franconia-Ironton-Galesville aquifer wells. 4. Evaluate nitrate removal through treatment The proposed study cost is $14,500. - __'____._n.__ ~. -----....-.--- Memo VI-5 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Subject Order Public Hearing - Vacation of Right-of-Way #2004-40 - Forest Street adjacent to 418 2nd Street West - Lori Duong REQUEST The City Council is asked to order a public hearing to vacate the remaining eastern half (14.5 feet) of the Forest Street right-of-way, adjacent to 418 2nd Street West as requested by the property owner Lori Duong. The right-of-way is unimproved. Drainage and utility easements would be required for any public utilities. A request to vacate the western half of Forest Street has been submitted under a separate application by Robert Langenfeld, 500 2nd Street West. Approval of both requests would vacate the entire Forest Street right-of-way, north of 2nd Street. Upon approval the public hearing and final action would be held at the August 16, 2004 City Council Meeting. BACKGROUND 2003 Request for Vacation - Rick Ries In 2003, the City Council denied a request by the former property owner of 500 West 2nd Street to vacate the entire right-of-way, and alleyway behind the home. The Council denied the request based on the following (Staff comments based on the differences between the requests are in italics): 1) Loss of access to a public water - The elevation difference between the right-of- way and the water is substantial, and does not provide a convenient or practical access to the water. 2) Loss of access to adjacent city property behind the alley - Alley vacation not requested. 3) Vacations of alleys and right-of-ways is discouraged under the Downtown Master Plan. Alley vacation not requested. Forest Street is a dead-end and has severe topographical restrictions for future extension 4) Existence of city utilities in the Forest Street right-of-way. Dedication of drainage and utility easements must be a condition of approval. ATTACHMENTS . Location Map . Application '0- "" _II> ClQ)Q) z-+, c:-;j c OC:c- 0 ;j ~ I!! :;:: '" Cc:c: 'U '" () ,tIIO C> '" 0 3: -I .- C " <J) -.; ~ ~ ,'tij 32 -0 (!) ., " 2 '5 0 ~ -3:0 C> ., U5 m II:: a. t/) tII (!) '0-> --' I' c:t/)- , 0 . J N'Ct/) CX)C:Uj ,~ .....NQ) ~ ...,0,- . . 13 00 Il)u. - U) "'- ,,'" cr~ "'on 0:::... S~ ._~ a;c> tJ c: ",.- > .!: '" C>E c:'" go::: o ~ I- 00 o Z N - U) '" " cr '" 0::: c: 0- :;:;Q) ~~ "'<'1 ><'1 -0' -- ~"iii C:I "'- c>u) c:'" ~s: _~i ~ r?\ Ie; ~ C,"II ....E ,..0. \\. LAND USE APPLICATION ~~ J~~c"2 ;,,: '\11\ , d CITY OF HASTINGS - PLANNING DEPARTMENT ~~ -~- 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: Legal Description of Property: Eo-. '-;:, '\ (lcl Sf !\j of Applicant: --J, rJ . 1\, ~ Name ( L\ <:.J '-.) \:::, f\. Address '~O.~ \ ~ ~0 :;::1 {\,:>\\ E:, i\) Phone \..v)' \ I...{ IS 0 \ ~ 3 '> Fax Email Owner (If different from Applicant): Name ~ Address '5' D"b ?, Phone Fax Email Y\';:""'~() \Dl Co VY\~()-<'-iSh Description of Request (include site plan, survey, and/or plat if applicable): VDCll-tv f'(2.- f1:)V6r sr )\J O~ 1Y1fl (H\/v 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 01 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 plus legal exp ses $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 5.1.: $1500 (Engineering) - 5,000 - 10,000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 5.1.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.i. +: $4000 ($1000 Planning + $3000 Engineering) Date Signature of Owner Date Applicant Name and Title - Please Print Owner Name - Please Print Official Use Only File # '{(JOlt- Fee Paid '.} tieD. 4cQ 4/23/2003 Rec'd By: Receipt # IJ' I,' '. .. \ i t19I)/7 =112-2- 104- . 7H; I()~ Date Rec'd App. Complete \ ~~. Memorandum VI-6 To: Mayor Werner and Hastings City Council From: William R. Mesaros Supervisor Department of Building Safety U4.. Date: July 28, 2004 Subject: 2004 City of Hastings Permit Fee Schedule Request The City Council is asked to approve the 2004 City of Hastings Permit Fee Schedule. The 2004 schedule will replace the present 2003 City of Hastings Permit Fee Schedule. Also attached is valuation worksheet with the Building Valuation Data as published by the Minnesota Department of Administration State of Minnesota. The Department of Administration publishes this valuation data for use in determining a uniform value of average construction cost per square foot for Building Permits. The valuation calculation method per square foot remains to be a fair and uniform method for determining permit fee valuation for most building permits. _..... City of Hastings Permit Fee Schedule 2004 BUILDING PERMITS The following valuation table is to be used for all general construction when no specific fee is provided. Pennit fees are reviewed and adopted by resolution by the City of Hastings Pennit fee valuatiou shall be determined by the "Cost per square foot valuation data" published periodically by the Department of Administration State ofMlnnesota or actual total cost documentation provided by the pennit applicant showing all costs for material and labor and approved by the Building Official. VALUATION FEE $23.50 SURCHARGE $100 TO $500 $50100 TO $2,000.00 $23.50 for the first $500.00 plus $3.05 for each add'l $100.00, or ftaction thereof, to and including $2,000.00 $2,001.00 to $25,000.00 $69.25 for the first $2,000.00 plus $14.00 for each add'l $1,000.00, or ftaction thereof, to and including $25,000.00 $25,00100 to $50,000.00 $391.25 for the first $25,000.00 plus $10.10 for each add'l $1,000.00, orftaction thereof, to and including $50,000.00 $50,001.00 to $100,000.00$643.75 for the first $50,000.00 plus $7.00 for each add'l $1,000.00, or ftaction therefore, to and including $100,000.00 $100,001.00 to $500,000.00 $993.75 for the first $100,000.00 plus $5.60 for each additional $1,000.00, orftaction thereof, to and including $500,000.00 $500,00100 to $1,000,000.00 $3,233.75 for the first $500,000.00 plus $4.75 for each add'l $1,000.00, or ftaction thereof, to and including $1,000,000.00 $1,000,00100 and up $5,608.75 for the first $1,000,000.00 plus $3.15 for each add'l $1,000.00, or ftaction thereof PLAN REVIEW FEE 65% of the building pennit fee determined by valuation 25% of the building pennit fee for similar building plans. MN. R 1300.0160 subp.6 B Plans review performed prior to pennit submittal and issuance or canceled will be invoiced for the full plan review fee and must be paid prior to any other pennits issued to the applicant. Exception: The Plan Review Fee is waived on the following for one-two family residental: a) minor non-structural remodel; b) engineered retaining walls; c) detached accessory structure provided floor area does not exceed 120 Sq. ft. d) Swinuning pools Janelbuilding12004feeschedule PERMIT TYPE Refunds for Pennit Fee's Work connuencing before pennit issuance Special investigation fee Special Inspections Additional inspections Inspections outside of normal business hours when approved by Building Official Mobile Home iustallation (park Only) (Gas Piping not included) In-grOlUld swimming pools Decks Retaining walls (over 4 Ft. high) Window replacement (total replacement of window) (sash replacement only exempt) Re-roof Residential (new tear off and repairs) Commercial Residinl! Residential (reside or repairs) Commercial Plumbinl! Single Family Residential Base Fee Each Fixture Commercial Installation or Replacement of Single Fixture (Lawn sprinkler, water heater, water softener, etc.) Mechanical Single Family Residential: New and replacement installations (includes gas piping) Gas fireplace or other single gas appliance Central Cooling or Ductwork Mechanical ventilation system (air to air) New gas piping with air test only. Commercial ~~----- FEE SURCHARGE 75% of pennit fee No rethnds for plans review 2 times the building pennit fee. o $47.001Hr 0 $47.001Hr Min. 2 Hrs 0 $100.00 .50 150.00 .50 $75.00 .50 $25.00 .50 $50.00 .50 $50.00 $100.00 base fee or 125% of valuation .50 .50 .0005 $50.00 $100.00 base fee or 125% x valuation .50 .50 .0005 $75.00 + $3.00 .50 100.00 base fee or 1.25% x valuation .50 or .0005 x fee if fee is more than $1000. $15.00 .50 $75.00 $50.00 $25.00 $25.00 $25.00 .50 .50 .50 .50 .50 $100.00 base fee or 125% x valuation .50 .0005 PERMIT TYPE ZoomS!: Permits Above ground swimming pools Fences DecksIP1atforms less than 30" above grade & uot attached to the structure with frost footings Accessory structures - floor area does not exceed 120 sq. ft. Utilities Sewer connection Inspection Water Conuection Inspection Simultaneous Sewer and Water Conuection Inspection On Site Seonc Systems: Single Family Residential or Commercial Commercial 750 GPD to 2,000 GPD or Reconstruction of Existing System (With approval from City Council) Reouired other oermits Relocation of structures: Single Family Dwellings Accessory Structures < 120 sq. ft. Accessory Structures> 120 sq. ft. Building Demolition Accessory Structures Single Family Residential Courmercial Fire Sprinkler Residential dwelling 1-2 family An others Residential & Courmercial fire alarm systems MCES-SAC City SAC City WAC Sewer connection fee FEE SURCHARGE 50.00 0 25.00 0 75.00 0 25.00 0 $25.00 .50 $25.00 .50 $50.00 .50 $100.00 (+ County as built fee) .50 $75.00 0 Zoning Permit Required 50.00 0 $25.00 $50.00 $100.00 .50 .50 .50 50.00 $100.00 basefee or 1.25 % x Valuation. .50 .50 .0005 $25.00 (per building) NA Per Met Council Per Council Resolution Per Council Resolution Per Council Resolution CITYOF HASTINGS BUILDING PERMIT VALUATION WORKSHEET Date: Job Address: Basement Unexcavated sq. ft. $ 7.50 $ Crawl space sq. ft. $ 15.00 $ Unfinished sq. ft. $ 15.00 $ Finish Existing sq. ft. $ 15.00 $ Finish (New) sq. ft. $ 30.00 $ Dwelling Main Floor sq. ft. $ 74.84 $ Second Floor sq. ft. $ 37.42 $ Additions sq. ft. $ 74.84 $ Garage $ Wood Frame sq. ft. $ 31.59 $ Carport sq. ft. $ 15.80 $ Porches Screened/3 Season sq. ft. $ 30.00 $ Miscellaneous Decks sq. ft. $15.00 $ Fireplace( s) sq. ft. $ 2,600.00 $ TOTAL I $ Revision Date 811/2004 Page 1 .... 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W I\:) I\:) 0:> --J 0) VI-7 To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko, Lee Administrative Assistant/City Clerk July 28, 2004 Application for Gambling Premises Permit-Regina Medical Center, 1175 Nininger Road Recommended Citv Council Action: Approve the attached Resolution, authorizing the Regina Medical Center to conduct a raffle, bingo, and pull-tabs on October 24, 2004, contingent upon $10 application fee being paid. Backaround: Application has been received from the Regina Medical Center to conduct bingo and a raffle for their organization on October 24, 2004 at the Regina Medical Center, located at 1175 Nininger Road in Hastings. The raffle's total value of prizes is estimated not to exceed $12,000. The Council has approved a license for this establishment each of the last several years. If Council should approve this application, the attached resolution will be sent to the Minnesota Lawful Gambling Board showing the City's approval to allow the bingo, raffle and pull-tabs. Should you have any concerns or questions, please do not hesitate to contact me. Attachment: 1. Resolution- Approving the application for a one-day gambling permit for the Regina Medical Center at 1175 Nininger Road 2. Application materials are on file 1 RESOLUTION NO. 08-_-04 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: AUGUST 2, 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 2nd of August, 2004, at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 08- _-04, authorizing the Regina Medical Center to conduct a raffle on October 24, 2004 at Regina Medical Center, 1175 Nininger Road. The following Councilmembers were present: and the following Councilmembers were absent: Councilmember adoption: introduced the following resolution and moved its RESOLUTION NO. 08- -04 RESOLUTION APPROVING THE APPLICATION FOR A ONE-DAY GAMBLING PERMIT FOR THE REGINA MEDICAL CENTER WHEREAS, the Regina Medical Center has presented an application to the City of Hastings to conduct gambling on October 24, 2004 at the Regina Medical Center, 1175 Nininger Road in Hastings; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution by the local unit of government be passed approving the application; 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 approval of this application for an Exemption from Lawful Gambling License. t L 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) L DOWNTOWN BUSINESS ASSOCIATION HASTINGS, MINNESOTA S5033 VI-8 July 6, 2004 CITY OF HASTINGS 101 4TH STREET EAST HASTINGS, MN 55033 Dear City Council Members and Mayor Mike Werner, The Downtown Business Association and Main Street Festival committee requests the closing of two blocks on East Second Street on September 18th from 7:00AM to 5:00pm for a craft show, flea market and farmer's market during Main Street Festival. The area being requested is the first and second block between the bridge and Ramsey Street. The cross streets would remain open to traffic and parking. Please direct any questions or comments to: Pam Holzem 114 East Second Street Hastings, Mn 55033 651-480-3562 Home 651-437-5000 ext 15 Star Realty P AMHOLZEM@YAHOO.COM Sincerel'l~~ -H-a~ The Main Street Festival Committee VII-l CITY OF HASTINGS Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6176 Fax 651-437-7082 Date: 7/26/04 To: Honorable City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Awarding Construction Bids Back!!round Information: The Hastings Parks and Recreation Department let bid information out to contractors on Thursday, July 15. Working with Richard Fischer Architects, we met with five construction firms interested in bidding on the two proposed park shelters. The park shelters are proposed to be placed in Wallin and Lions Parks. The bid opening is scheduled to take place on Thursday, July 29 at 10:00 AM in the Parks and Recreation Department's conference room. Each park structure has a budget of $100,000. It is anticipated that we will be able to construct the two buildings and make the necessary soil corrections within this amount. CaUDen Action Reouested: 1) After review to accept the lowest bid from a contractor 2) Not to accept the bids as presented REF: city council/memo of proposed park shelter bids Memo VII-2 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Subject: Public Hearing - Vacation of Right-of-Way #2004-36 - Forest Street adjacent to 500 2nd Street West - Robert & Heidi Langenfeld REQUEST The City Council is asked to hold a public hearing to vacate the western 33 feet of the 47 feet of remaining ri~ht-of-way of Forest Street, adjacent to the Robert and Heidi Langenfeld property at 500 2n Street West. The right-of-way is unimproved. Drainage and utility easements would be required for any public utilities. A request to vacate the remaining eastern half of Forest Street has been submitted under a separate application by Lori Duong, 418 2nd Street West. Approval of both requests would vacate the entire Forest Street right-of-way, north of 2nd Street. The City Council approved ordering of the public hearing at the July 6, 2004 City Council Meeting. RECOMMENDATION . Approval of the vacation is recommended. The right-of-way is unimproved. The street is a dead-end roadway and does not provide for street connection in the future. BACKGROUND 2003 Request for Vacation - Rick Ries In 2003, the City Council denied a request by the former property owner of 500 West 2nd Street to vacate the entire right-of-way, and alleyway behind the home. The Council denied the request based on the following (Staff comments based on the differences between the requests are in italics): 1) Loss of access to a public water - The elevation difference between the right-ot- way and the water is substantial; and does not provide a convenient or practical access to the water. 2) Loss of access to adjacent city property behind the alley - Alley vacation not requested. . 3) Vacations of alleys and right-of-ways is discouraged under the Downtown Master Plan. Alley vacation not requested. Forest Street is a dead-end and has severe topographical restrictions for future extension 4) Existence of city utilities in the Forest Street right-of-way. Dedication ot drainage and utility easements must be a condition ot approval. ATTACHMENTS . Resolution . Location Map . Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS V ACA TING THE WESTERN 33 FEET OF FOREST STREET, ADJACENT TO 500 WEST 2ND STREET, HASTINGS, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Robert and Heidi Langenfeld, property owners of 500 West 2nd Street have initiated consideration to vacate the western 33 feet of Forest Street adjacentto their property, legally described as follows: The most westerly 33 feet of the Forest Street right-of-way lying between the north and south property lines of Lot 5, Block 63, TOWN OF HASTINGS BLOCKS 1 THRU 99, Dakota County, Minnesota, extended easterly WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate Forest Street as legally described above is hereby approved, subject to the following condition: 1) Drainage and utility easements must be dedicated to the City of Hastings at the discretion of the Public Works Director. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. L Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee 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 2nd day of August, 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. East Hastings, MN 55033 "C~ ~ -'" mCl)CI) z.~ c- ~ c: OCc- a :s ~ [!! ~ acc "'C II) ,caO '" II) a ;::....1- s:: 10 II) Qj ~ ...J .1ij (J) 3! "U 0 Q) ':; IV - - ~;::U 0> ti. IV Ci5 m c.. t/) ca (J) 'Ccn> ...J I! ~"OU) I '. 0 .' .' coc1i) ". ". .~ ....N CI) ~ 'VOl.. 00 IOU. I I I L ~ - ._n___.______.________ . . .' $ I- en o z .N ,-- ...._.m.__..__.__.___...__.___.... - ., ~ 1) J C" Q). "'..... o:::e I c: . 1 o~ .-...... :\ 'tV CD1 010 IV'- >.5 IV OlE c:'" go:: o ..n ....n..nn_n.__.u." ..........uu.__...u_...........___.____ '_nnn ..__ ____n_......___ __dO__" . . . . .....L.L.... .......-----.... , . . . . . . . . . . . . . . ..__......__.__m....._____....nn..._____,_____.__..____...n.....___.___..........___...._;-..__.....__....:-_._______..._r-__n.~_..-_._......-..--...t..1...-.-_.___.n._...-.----.'1'.....-----.-...... . .' . ..---............ - <II '" ::J C' '" 0:: c: 0_ :.;::::;; CD . rJ.! <a'" >'" '0' -..... GI- .....<a C::L GI_ 01., c:'" ~:s:1 ......-- ....-..--..-.--..... """'-7 ::::=:::::: ::,1.' __.m._.____..___ ... : .' '....' . . Ii .;(OOL{ - sr; LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT .:.. ~~l-. ,St~2e: ::23:. :-;e.stin~s, !\~I\! 55C2~ ~~:;15: e~~ .48C.Z350 ~ax: 651.437.7082 L,UE'<S r Address of Property: ' ':"'00 L(jai Descnptio of Proper:y: , " ~".., -c.... APPlicant,,~ ~' /1- ~ 0fJ!Yner (If different from Applicant): Name IS, ;. _ ~,f;( ~~< .lfc, Name Address' 0 0 . ~. <5/ Address 1=f"~ .1--1 tv' "5'"(1,9:3 Phone c:; -1-, < -' ''1)-7 (,,:,-1 - )0 'j'. IA.' ')~ Phone Fax Fax Emai! ('/ ~5 cJ...( <tm.a @. c.5. < Co-w'\ emaii Description of Request (include site plan, survey, and/or plat if applicable): fJJ~ ,,,.<.X~~- , Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note: All tees and escrow amounts due at time of application, Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 $600 $500 $500 $500 $250 X. $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Pianning + $2500 Engineering) - Over 10 acres: $6000 (51000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s,f.: $1500 (Engineering) - 5,000 - 10,000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: 53250 ($750 Planning'" $2500 Engineering) - 50,000 s,t, +: $4000 (51000 Planning + $3000 Engineering) Signature of Ap ~ Applicant Name and Title - Please Print Official Use File" Fee Paid Owner Name - Please Print r / J /(Db<?t' ~ L<l;.l'~'Y',<e q H~itXI' )? Let 10..11 €/V-Gf'd Rec'd By:<5fI,~CNv Receipt # Date Rec'd App. Compiete C/J Of /cA-( 412312003 D bj),q/OY' This is a request for one half(l/2) or 33' of unimproved Forest Street that lies between 500 and 418 West Second Street. Somewhere along the way, former residents at 418 West Second Street built a garage on Forest Street. Consequently they acquired 19' of Forest Street. (See attachment #1) The remaining 47' has a stone retaining wall on the 418 West side that runs approximately to the middle of the street. (See photo attachment #2) The city utilities in this section consist of a sewer hook up (curb box) for 418 W. And water and sewer curb boxes for 500 W. There are some trees and an Excel Energy pole. (See photo attachment #3) Our home is currently being built at 500 West Second Street. (See site plan attachment #4) Because one half of original Forest Street is presently being occupied by 418 West, we request that the street be officially vacated so 500 West may expand landscaping into the western half of the street. If this request is approved we will provide survey stakes to designate the property lines and agree to any easements required by the city. (!)YJ0mud4 W~ &:, ~mut6'~ w~ -/e,." flIr. << JAMES P. O'CONNELL TIM D. WERMAGER DAVID L WARG 906 Vermillion Street P.O. Box 6 Hostings, Minnesota 55033-0006 Telephone (651) 437-4188 Facsimile (651) 437-1666 OF COUNSEL MillETT V. O'CONNELL July 30, 2004 Mr. John Hinzman City of Hastings 101 East 4th Street Hastings, MN 55033 Re: Langenfeld/Duong Application to Vacate Forest Street Dear Mr. Hinzman: I have been contacted by Lori Duong with regard to an Application that has been filed to vacate a portion of Forest Street which lies between her home and a neighboring home. It is my understanding that Bob Langenfeld has filed an Application to vacate one-half of Forest Street which lies adjacent to his home. It is my further understanding that a hearing on Mr.Langenfeld's Application is scheduled for August 2nd. The purpose of this letter is to request that the hearing on Mr. Langenfeld's Application be tabled or re-scheduled until Lori Duong's Application is scheduled for hearing. Since these Applications address the same street it seems logical that the Applications be heard at the same time. It is Ms. Duong's intent to appear at the hearing on August 2nd to make the same request. Please contact me if you have any questions or wish to discuss this matter. Very truly yours, O'CONNELL, WERMAGER & W ARG ,[r\ \ \,) --------' 'i ~ \) . v----- '\ TIm D. Wermager TDW/ch cc: Lori Duong ewe( 71:n/0--( ~ VIII-A-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 28, 2004 Appeal Restriction of Fencing in Ponding Basin Easement - 1336 Eagle Bluff Drive Enclosed is a request from Linda and Rich Myklebust, 1336 Eagle Bluff Drive, requesting permission to extend a proposed fence 10 to 12 feet into a ponding/drainage/utility easement that runs through a large portion of their backyard. The Myklebust's permit application to construct a fence in the easement area was denied by Planning and Public Works staff. I have enclosed a copy of the development grading plan for this area and photos ofthe Myklebust's back yard with lines approximately denoting the easement boundary and proposed fence location. STAFF RECOMMENDA nON I am recommending denial of the Myklebust's appeal. A fence in the ponding basin area may impede maintenance operations - normal and/or emergency activities. Although a 20 ft. wide drainage and utility easement straddles the property line on the west side ofthe property, the location of the storm sewer outfall may require access from another location, possibly across the backyards of the properties abutting the pond. In addition, fences tend to define ownership and privacy. Subsequent owners ofthe property may not realize that a substantial easement lies within their fenced backyard, creating unpleasant situations when access is needed or additional encroachments are installed within the easement areas. If Council wishes to approve the appeal, I would recommend that approval include the following conditions: 1. The fence must be an open type structure such as a chain link fence that will easily permit water flow through the fence. 2. The property owners must enter into an agreement with the City that is to be recorded against their property acknowledging that the fence encroaches into a drainage and utility easement and that the property owners are responsible for all costs associated with removal and replacement of the fence should the City need to remove the fence for access to the easement area. 3. The property owners shall pay the cost of preparing the agreement and recording the agreement. ~ crn' OF HASTIN6S ~ , ny. '~/j,:>OII;/J.irtj)l I !NY 728.3211J/llitf) . :fAU. CHAIN '1/, I 1// / I) ~~CE f (/1111//11 '> \ I 'IJI//'I "'10, _-J===-:::.. _J/"///1 I " ,~ -----=--'.::";----_/////1/ ...... ....-- - ---.- I ?:.... --.::-.::: - -- -=-.: - -:;: ~ -- - - - - _II / //<11i)' ~i:~~ U- "~I ~~;:-:A;;~~t / \ , "" I 'f:::: V r ~ D- 1 ~ \ \ ''\;. " -- __ ~ - ~ J{ /' /' ~~~;~k.~"=,_r..:-.\- - ,- ~ ~ g~ / ~':) ;.., "~-.J'A"l-l~)f-\:;:;J!;8..-A.75L./.6_~j ;1,=>bi i' 1:INI<'fftiI~ - - - - - " .~ ---- ~~-::- q- .........., INY 751.5" " " RLO 7 7.5 6.0 I L 6. '1 :J TERRAC . -:/<;)'!....-.:.. ~ -- ~ .~ - 'l -- 1. July 7, 2004 To Whom It May Concern: Our names are Linda and Rich Myklebust, we live at 1336 Eagle Bluff Dr., and we would like put up a chain link fence in our backyard for our pets. We applied for a permit and were approved, however with the restriction that we could come out 17 feet from our house, because there is a drainage/utility easement running through our backyard, We also have a deck on the back of our house; therefore, the fence would be only 4 feet from our deck. All this considered, puttng a fence up for our pets would be impractical given the restrictions. Our request is that we can put the fence 1 ()'12 feet into the easement without restrictions. The fence will not impede any water flow, as it will run parallel to the drainage ditch, No access to the culvert on the north side of our property will be stopped either. We don't feel this will hinder anything whatsoever, and will only allow us (and our pets) to enjoy our property fully. Once again, we are asking for a variance to place our fence within the easement, without any restrictions now or in the future. Thank you, ;fJl/dthdt ~;/)~U\.- <~\.,~ <-. / Rich and Linda yklebust 1336 Eagle Bluff Dr. cc. Tom Montgomery, Public Works Director Tumey Hazlet, Ward 2 Council Member City Council I.. ... VI I I-A-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery July 28, 2004 Appeal Order to Remove Retaining Wall and Fill in Ponding Basin Easement- 1328 Eagle Bluff Drive Enclosed is a request from Don Hartinger, 1328 Eagle Bluff Drive, appealing City staff s order to remove a retaining wall and fill that was constructed in the backyard over a drainage and utility easement for the ponding basin. By placing fill in the ponding basin, Mr. Hartinger has reduced the design capacity of the ponding basin, though the consultant who designed the ponding basin has calculated that the fill will result in only a Yo inch rise in the flood level of the pond. I have enclosed a copy of the development grading plan for this area and photos of the Hartinger's back yard retaining wall and fill. BACKGROUND INFORMATION A certificate of survey is required for all new home construction to verify that lot grading meets the development grading plan. The lot is then surveyed to ensure that grading was completed according to the approved plan. Mr. Hartinger's retaining wall and fill were placed after the lot grading had been checked and approved. Developers or homeowners who want to change the lot grading from the approved deyelopment grading plan have been required to have the consultant who designed the development grading plan submit the modifications for review. In this way, the designer is able to account for impacts the modification may have on the rest of the development grading design, and the City does not incur liability for revising a grading design. While aware that an easement crossed his backyard, Mr. Hartinger has stated that he was unaware that his backyard slope was part of a ponding basin. A building permit is not required for small landscape retaining walls similar to the one installed by Mr. Hartinger. STAFF RECOMMENDATION I am recommending denial of Mr. Hartinger's appeal. There are over 30 ponding basins throughout the City with hundreds of homes backing out onto these ponding basins. Any request to fill part of these ponding basins to create more usable yard space would be denied by staff in order to protect the integrity of the storm water system. - cITY OF HASTIN6S ... ..... If Council wishes to approve the appeal to allow Mr. Hartinger to keep the existing retaining wall and fill in the ponding basin, I would recommend that Council consider the following options: 1. Require Mr. Hartinger to work with the designer of the development's grading plan to modify the plan and require Mr. Hartinger to excavate material from the City's property on the north side of the pond to replace the storage volume lost through the construction ofthe retaining wall and fill, or 2. Require Mr. Hartinger to enter into an agreement with the City that would be recorded against his property. Under this agreement, Mr. Hartinger would indemnify the City from any claims resulting from the modification of the ponding basin. 3. The Council minutes should reflect that Mr. Hartinger's request represents a unique situation that does not set a precedent to be followed that will permit other property owners to place fill within ponding basin easements. , , ,n.ml.:>O/'I:"'IZ'. I INV 728.321, , ,,'l! '.1i, fj' / /' "ft). / ~AlLCHAIN , I//IIII/fv?' ~ I ,/I/f/IIII ,11/ . ..~ \ I '//'11',1, /, " " _-----..-,:}====:. _J/II//I,l ri" - '---~-=-~::.::..::;::...;- ---_/////1 ,', 1_----__--_------_ /lllt / , ~-:::--------::::- -- 1!j . . -==:::-:::::.:-- '----_ 1/// /. \ - ":::..---- ---, - I. ,;-,iif \" r ---~t'l-~___r:=?:~~:rf- . \ (~ IL:-V. r- -b- j- .<: '~>" ~ --.....- -J ./. ~,;s.: " __)" ....- ~ is'..... ... ~ ~\_~'~,..'" _ _ _ - r';;J:--"'" /' ....... ...... ....... --'- - J ~, C!;;JAK~- . ~-^~~~ 'tj~I<'fEt/G!;.: - - - -756- - ;1'=' , ';,,~~ --- .'- ......~ INV 75'.5~ , , RLO 7 .5 6.0 , L RLO 6. 757.2 rSQ :J 1~ 5 - _I 53.90 ~ ~ r I ... ....... L From: Don R Hartinger [dharting@comcast.net] Sent: Tuesday, July 13, 2004 6:05 PM To: Thomas M. Montgomery Subject: Boulder wall in backyard Part 1 o Tom: Consider this my written request to appeal the removal of the boulder wall at 1328 Eagle Bluff Drive. Attached is a Power Point presentation with pictures of our backyard and the basis used when we landscaped our yard. I will send the presentation in two parts so we don't have email issues. In addition, I will be sending a 3rd email with the engineering calculations on pond basin impact performed by James R. Hill Inc. Don R. Hartinger 1328 Eagle Bluff Drive Hastings Minnesota 734-306-6000 1328 Eagle Bluff Drive Boulder Wall .Owners consulted documentation given: Certificate of Survey. Drainage easement was assumed/portrayed as lot drainage, from front to back of lot. .Amount offill & boulders: approx. 50 yd3 . Engineering calculation on the impact of fill & boulders to the pond basin resulted in a 0.6 in. increase in pond height, using 92.6 yd 3 of fill in a 100 year flood model. Analysis provided by James R. Hill Engineering Consultants .Owners intention was to add usability to backyard while maintaining/improving the natural beauty of the surroundings. \ L_ ~ Q) ~ (/) ~ o Q) ~ u ~ ...... ~ Q) U ~ ~ z ii! g ~,gs t:!!~:r: (S a; Ii< co ~ " " ~. / b< ",' "',''') / f\ . ...... x, ___ ".O"}, . '52 ^) 80 --' \ "- / " ! ( <. ~ , ~ ;>G VIII-B-l Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Subject: Resolution - Vacation of Right-of-Way #2004-36 - Forest Street adjacent to 500 2nd Street West - Robert & Heidi Langenfeld REQUEST Please see the Public Hearing Staff Report for further information, ~ VIII-B-2 Variance - 1947 Ridge Lane City Council Memo - August 2, 2004 Page 1 Memo To: Mayor Werner and City Council From: Courtney Wiekert, Planning Intern Date: August 2, 2004 Subject: Resolution - LeRoy Finke - Variance #2004-35 to vary from the side yard setback and to enlarge a non-conforming structure to construct a garage addition at 1947 Ridge Lane. REQUEST LeRoy Finke seeks a 6.5' variance to the 10' side yard setback requirement as well as a variance to enlarge a non-conforming structure (garage) at 1947 Ridge Lane. RECOMMENDATION The Planning Commission voted 7-0 to recommend approval of the variance to vary from the side yard setback and to enlarge a non-conforming structure to construct a garage addition at the July 12, 2004 Meeting. The Commissioners granted the variance based on the following criteria: 1) 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. 2) That the special conditions and circumstances do not result from actions of the applicant. There was limited discussion on the construction ofthe garage. The Commissioners asked if the tree was completely located in the applicant's yard or shared with the neighbor. They also asked for clarification on the concern of the neighbor north to their property. Mr. Finke clarified that the tree is completely in his yard and he has spoken to the neighbor and they had no issues with the garage addition. I L Variance - 1947 Ridge Lane City Council Memo - August 2, 2004 Page 2 ATTACHMENTS . Location Map . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-1 -Low Density Residential. Garages are a permitted use in the R-1 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use Zonina Comp Plan North East South West Single Family HomeR-1 -Low Dens Res. Single Family HomeR-1 -Low Dens Res. Single Family HomeR-1 - Low Dens Res. Ridge Lane Single Family HomeR-1 - Low Dens Res. U-I - Urb Res. U-I - Urb Res. U-I - Urb Res. U-I - Urb Res. Existing Condition The proposed site is level - there are shrubs and a coniferous tree that will need to be removed to construct the addition. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for structures in the R-1 District are: Area Setback Front 20' Side 5' Rear 20' . Variance-1947 Ridge Lane City Council Memo - August 2, 2004 Page 3 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. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. Mrs. Finke also stated that she spoke with the adjacent neighbors on the north side of their property, and she indicated that they had no problems with the request. RECOMMENDED ACTION A motion to recommend approval of the variances for 1947 Ridge Lane to construct a garage addition to the City Council with the following conditions: 1) A building permit is required prior to construction of the addition. 2) The soffit on the north side of the garage must meet building code setback requirements and may need to be fire rated. The addition and existing portion may need to be fire rated to building code requirements. A determination of this will be done during the building permit review process. 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. eD CG)U ...I~; eD S:::.- C).- ... "CLLCG .- ~> "OeD ,..... IX: C) ~eD<<S O')..J'" ~ <<S C) u UJ CD UJ t: c: rn a; ::2 "C Q) OJ e 0) ':; 0 CO m a:: D.. Q) ....J (J ,....0 ~ Z*OO i ::: --I .m U5 1,1 ,~ :, ~ ] _..n......__.___._______. ..........___..._...__.__. n.'___._' ........._...m..........__......m... .__.......u.......__m..........m__._. 0" <) ,:_.'~~i. 'O(I)C (I) 0 en 01._ Oe!~ a.(\)'0 em'O 0.'""<( o l m_...______.__...______.______..............._.__.....___.........-.--....................... _.~ moun........._m...... ._........__...._.nm_...m....mm.________n__......._n' __.._m...__..... u...__nm....n...__u..o._nnmm_n....___..nm...__nn.._nn.__n.nm' .....__......._____.___.__.....__m_.__.....__.__......_.... RIDGE LN ........................-....---......-.---.-.-................- . . .......--.....................-......--.--------.-.....-.-.----, ..._.._.____...._..__ .n. ._ ._ ....n.. _ __ ... ,'n ..__. _...mn................nm_ ..____._..............._.___.......__.........___.._ _____....____._____._..._........____.m.....___.' SITE MAP PROPERTY 10 NUMBER; 19-18300-120-03 FEE OWNER: LEROY W JR & BEVERLY FINKE 1947 RIDGE LN HASTINGS MN 55033-3341 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) LAND: BUILDING: TOTAL: 49,100 144,100 193,200 lOT SIZE (EXCLUDES ROAD EASEMENTS) 10,750 sa FT 0.25 ACRES 2004 BUILDING INFORMATION (PAYABLE 2005): TYPE S.FAM.RES YEAR BUILT 1965 ARCH/STYLE ONE STORY FOUNDATION sa FT 1169 FINISHED sa FT 1996 BEDROOMS 3 BATHS 1.5 FRAME WOOD GARAGE sa FT 616 OTHER GARAGE Mise BLDG PROPERTY ADDRESS: 1947 RIDGE LANE HASTINGS MN 55033 SCHOOL DISTRICT: 200 LOCATION: SE1/4 NW1/4 SECTION 33-115-17 PAYABLE 2004 TAXES NET TAX: SPECIAL ASSESSMENTS: TOTAL TAX & SA: 2,047.20 0.00 2,047.20 PAYABLE 2005 HOMESTEAD STATUS: FULL HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER PAYABLE 2005 ASMNT USAGE:RESIDENTlAl LAST QUAL.JFIED SALE: DATE: 10/1990 AMOUNT: 95,000 I I l_________ NOTE: Dimensions rounded to nearest foot. PLAT NAME: COUNTRY CLUB TAX DESCRIPTION: 12 3 N I Copyrigh.200<. Dakota County- This drawing is neither a legally recorded map nor a survey and is not intended 10 be used as one. ThiS drawing Is a COIT'4)IlaUon of records, information and data located In various City. county, and state offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County Is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Informalion Department. Map Date: July 8, 2004 Parcels Updated: 61112004 AeriaIPhot~phy:1999 ~~~.. , ..,<. ......~ ~ ~.!J I ..11 Iii in I R i . I ~ R ~ ~ h: . ~ . Ui = ~:;;~ " ~~ Is ~ - . hi: il! ! : . t t H \I I ii U H ""'" ~~ . ~~ ~~ ,,:,--,.<1' ~" ~ 'ii;2dJ4-s~- LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address 01 Property: \ 9 ,-+"1 Q I D <=; c c...A N E. Legal Description of Property: G,)L<.N\1'2J.( G..u"", ~T 3 t)L"C\<- I ~ Applicant: Name Address Owner (If different from Applicant): Name SA~ E.. Address L-", I<o'i 1=, NKE.- \ '\'+1 (<, [)r-;r- LANE t-h'\ST1 ....rc. <; <05 I '+ "3. I I I 'f':) Phone Fax Email Phone Fax Email Description 01 Request (include site plan, survey, and/or plat if applicable): liVD"'o'-l 'To N0N - CD'" ror<-"" , ,,-,C""1 GA"'-AG€. , FRoM 3,5"' TO '+.0' NO(2:,W L",'''- L.( 1\ 1 F . Note: All fees and escrow amounts due at time of application. Check applicable box(es): y Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: ~ 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.I.: $1500 (Engineering) - 5,000 -10,000 s.I.: $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) Date Signature of Owner Date " - 28 - 0 Y $p,,,,,,~ Applicant ame and Title - Please Print Owner Name - Please Print L::.ko'-t' t-='L NICe. \--t6"'\C::v"-' /\J EvL..- Official Use Only File# ~ts- Fee Paid . ... , 4/23/2003 b/~/rJC! Rec'd By: '2:~'^~ Receipt # f) I Date Rec'd App. Complete HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE FOR LEROY FINKE TO EXPAND A NON- CONFORMING GARAGE AT 1947 RIDGE LANE Council member its adoption: introduced the following Resolution and moved WHEREAS, LeRoy Finke has petitioned to vary 6.5 feet from the 10 foot minimum side yard setback requirement of the R-l Zoning District as regulated under Section 10.26, District Lot Regulations of the City Code to expand an existing non-conforming structure located 1947 Ridge Lane. WHEREAS, on July 12,2004, 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 determined that the following hardship criteria exists to justify granting the variance: 1) The literal interpretation ofthe City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. 2) That the special conditions and circumstances do not result from actions of the applicant. 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 variance request of LeRoy Finke as presented to the City Council subject to the following conditions: 1) A building permit is required prior to construction of the addition. 2) The soffit on the north side of the garage must meet building code setback requirements and may need to be fire rated. The addition and existing portion may need to be fire rated to building code requirements. A determination of this will be done during the building permit revIew process. 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. moved a second to this resolution and upon present. Council member being put to a vote it was unanimously adopted by 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 2nd day of August, 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 1014thSt. East Hastings, MN 55033 VIII-B-3 Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - August 2, 2004 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: August 2, 2004 Subject: Schoolhouse Square Sign Variance - #2004-38 to allow projecting signs in the C-3 District and to exceed the 5% limit on wall signage by use of the projecting signs. This item was tabled at the July 19, 2004 Council meeting due to the lack of a quorum necessary to approve variances. Included are the Staff report and attachments; however the large color renderings included with the previous Council packet will not be redistributed. REQUEST Camegaran, LLC is seeking a variance to the s~n ordinance for the Schoohouse Square Development currently under construction at 10 St E and Vermillion St. They would like to use projecting signs at the development, and the addition of the projecting signs would cause them to exceed the 5% of wall signage cu rrently allowed in the C-3 District. These variances only apply to the building housing Green Mill and Dunn Bros. Coffee. Any requests for projecting signs on future buildings within this development would also require variances from the City. Staff Review Staff has reviewed this request for compliance with the variance criteria stated earlier in this report. Staff can make the case for the allowance of projecting signs using criteria A- that special circumstances exist which are peculiar to the building. Extra measures have been taken with the building's design to mimic historic structures, which is not typically seen in the C-3 zoning district. When it comes to allowing additional signage, however, the issue is less clear. t \ Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - August 2, 2004 Page 2 RECOMMENDATION The Planning Commission reviewed these variances at their July 12, 2004 meeting, and recommended approval of the following: . Voted 6-1 to recommend approval of the use of projecting signs at Schoolhouse Square, based on variance criteria A, which is listed below. The Commission also included a condition that any projecting signs on the building could not be back-lit signs. 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. . Voted 5-2 to recommend approval of allowing the west side of the building to exceed 5% signage, up to a maximum of 6%, using criteria A & D. 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. 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 Arbor Lakes Sign Criteria Wall Area/Sign Area calculations Color Renderings (Council Only) Application BACKGROUND INFORMATION Zoning Classification The subject property is zoned C-3, Community Regional Commerce. Existing Condition There are currently no signs on the building. l Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - August 2, 2004 Page 3 Sign Allowances The following wall signage would be allowed under the current sign ordinance: C-3 District Requirements . The property is zoned C-3 and subject to the following requirements: a) C-3 District: (2) Multiple Occupant BuildinQ (b) Occupant Identification. Sign area may not exceed five (5) percent of the building fayade on which the sign is erected, or forty (40) square feet, whichever is greater. For purposes of calculating area, the building itself shall be used. The building fayade of the leasehold shall not include the area of any canopy. Downtown - East 2nd Street Historic District Requirements - Although the property is not within this district, the applicant contends the architectural appearance of the buildings is consistent with the district: Projecting signs - one that is affixed to an outside exterior wall or soffit of any building and is not parallel to the plane of the wall or soffit - are only allowed within the East 2nd Street Historic District. Below are the criteria for projecting signs within the Historic District: (a) Projecting signs are permitted within the East 2nd Street Historic District upon approval ofthe Heritage Preservation Commission. The signs must conform with the following: (i) Minimum height above grade is eight (8) feet. Maximum height above grade is 11' for the sign, and 12' for the bracket. (ii) Sign may not project more than two and one-half (2.5) feet from the face of the building. (iii) Total sign face may not exceed six (6) square feet. (iv) Materials must be wood and/or metal. Plastic signs are not permitted. (v) Projecting signs may not be lit, internally or externally. (vi) Plans must be submitted to show how the sign will be anchored to the building and masonry. (vii) Only one projecting sign permitted per business or building. (viii) Signs must be advertising a specific business name, not a generic product. -.......... Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - August 2, 2004 Page 4 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. REVIEW OF THE CONDITIONS Enclosed with this memo are color renderings of showing generally what the applicant is requesting for this site. Pat Regan of Camegaran has stated that the wall signage on the site will conform to the 5% limitation set forth by Code. Review of Requested Variances Variance #1) To permit projecting signs within the C-3 District. Variance #2) To exceed the 5% wall signage allowed within the C-3 District thru the use of projecting signs. The City Council will have to decide if they are willing to allow the use of projecting signs on this site, and if so, can the development exceed the 5% wall area limit. Existing Circumstances The first commercial building at Schoolhouse Square has been under construction for several months now. This building will house a Green Mill restaurant, a Dunn Brothers Coffee House, and several other retail spaces. Mr. Regan's intent with this development was to replicate the historic downtown of Hastings with a historic building design and the use of brick around the entire perimeter of the building. Mr. Regan has indicated that he would like the signage on this site to copy the signage at Arbor Lakes Main Street in Maple Grove. If you're unfamiliar with the development, Arbor Lakes Main Street is the creation of a 3 block long 'downtown' in Maple Grove. The - .-. Camegaran, LLC - Schoolhouse Square Sign Variance City Council Memo - August 2, 2004 Page 5 buildings sit close to the street and parking is either behind the buildings or on other blocks altogether. Staff contacted the Planning Department to get additional information on how the signage was determined for that site. Maple Grove permits Planned Unit Developments (PUD) in commercial areas as well as residential ones. This allowed the development to submit a 'sign package' for the site to the City for review and approval. Enclosed is the Arbor Lakes Sign Criteria that is used to guide signage on the Main Street development. There are no size limits on the signs listed, but there are style guidelines for how the signs should look. Another area that has similar signage is Grand Avenue in St. Paul. Mr. Regan brought pictures to the Planning Commission as examples, and those pictures are included in your packet. Mr. Regan gave the Planning Commission four criteria that he feels the Green Mill/Dunn Bros. building meets that sets this building apart from others in the C-3 zoning district. They are: . 100% brick construction . All four sides 'finished' - no 'back side'. . Distinctive historic design on a new building. . All required parking met on-site - no on street parking allowed. ., ~ ........- FROM : CITY OF t1RPLE GRO~)E C8.ED ....._~< '_/ "'...-/. -- ..... 612 4'34 6425 2004.07-07 09'38 ~971 P.02/02 ARBOR LAKES SIGN CRITERIA Based On October 1998 Design Framework January 7, 1999 Area Identification Signs As shown on concept drawings. Main Street Signage Wall Signs 1. Number - 2 per building facade on eacn facade outlined on the Arbor Lakes Dcsign Framework dl'awing labeled "Community Retail Wall Signagc". 2. Size - shall not encroach within 8" of the sign area perimeter. 3. Location - 4 walls as shown on the Arbor Lakes Design Framework drawing labeled "CommUllity Retail Wall Signage". 4. Slyle - a) individually mountcd letters encouraged. b) painted signs with exterior lighting allowed. c) awning signs with 6 to 8" letters allowed. d) I panel sign mounted perpendicular to building facade REQUIRED. e) internally illuminated panel signs discouraged. . Community Retail Signs Wall~ 1. Size-10% of facade. 2. Location - all walls facing major roadways or parking lots as shown on the Arbor Lakes Design Framework drawing labeled "Community Retail Wall Signage". Signs 111ay be placed on building face, canopy, marquee or awning. 3. Style - individually illuminated channel letters ONLY per Jay Scott of Opus. Freestandine: Signs In fJIst phase of development monument signs are prohibited. Prohibition is stated in retailers lease agreement. See Jay Scott's lctter dated February 25, 1999. pncklltc:..vArbor Utka Oct 1~9H fl'al1'\l:Wurk Sign Crill:ri\uloc ~ " ~ " " <D " " 0 ... ..; .,; ~ " " " '" ~ Ii' ..; ~ i '" " " .,; :; . ... .. " ;; -." " " "U- ... "' " " " " eo x " " . ~ ~a5N . 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"6 .~ I ~ jj E i jj "- "- "H- "33 <0 ~ .6' "':;. go "," iii.x " 11- ~Q):'" ~-g:; v~ !!!mc., "' ;+ ,:;j u:~ Q i:.:t ~ e';: CIIN' "''' "'- 0"- "' e<> .2> x ; .,; "'- " 0: M M '" 851 "'~ g~ ox c. " !!! o :;, ~ ~ ~ '0 o ~ (I)~- 0> o ~ Vi ,s o <!: 1J <b o Q. e ~ B' c:: .121 '" ,s :;, ~ 1J (I) ., o g. <t z o - E III .. iii .. UI III ~ !> ~ , !! ~ Iii .. ~ (,) !II J. ~ 0 ,II~'" ~ t+ rii ~:u ~ ~ z o - ~ > III .. 1&1 .. en c( 1&1 - " ? ~ ~ ~ , ~ II) .. , , t\- ,. ,. III III .. .. =s -c ~ fJ (,) fII fII Qi z o - t > 1&1 .. III :I: to ::) o (II z o - .~ > III .. III :z: l- I!: o Z J UL -16' (-2004 H:J: 2:' P.02 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: '} 0 ~ / '3 I '1 /4- /X J- /1/ 0 ~ f/ I C J 7~~ Legal Description of Property: :;; ~jp<>/J.<. "" J-R.. -I fA <>. r-<!.- ;)"- 1Ic/{..r, (NI';' Applicant: Name Address Owner (If different from Applicant): Name Address Phone Fax Email Phone Fax Email J:;:'J Check applicable box(es): Note: All fees and escrow amounts due at time of application. ~ Final Plat Minor Sub. Rezone Spec. Use Variance An!lexatlon EAW Prelim Plat Site Plan TOTAL: 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.f.: $1500 (Engineering) - 5,000 - 10.000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10.000 - 50.000 s.I.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.1. +: $4000 ($1000 Planning + $3000 Engineering) ~r~ o~lIca~ Date Si9n~re of own5S .2 Date ~ ?/~fty ~~d~ ?/o/tr~ Applicant Name and Title - Please Print Owner Name. Please Print ~7;./~ O. /l~~<)a" )rel,~J v Cq- if-, e 1""/'.::...., t..-- (.,.. C- O Official Use Only File # lov4- - ~ Fee Paid 4/2312003 \ . ~:~~;~ to Date Rec'd -3:112-104- App. Complete TOTAL P.02 VIII-B-4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Subject: Lawrence Builders - Site Plan Review #2004-21 - Two 36 unit Condominium Buildings - Whispering Lane & Crestview Drive REQUEST Lawrence Builders seeks Site Plan Approval to construct two 3 story, 36 unit condominium buildings (72 units total) and 4 garages on +/- 4.0 acres located west of the intersection of Whispering Lane and Crestview Drive in Williams 1st Addition. Approval to construct 90 units on the,site was approved as part of a Rezoning, Planned Residential Development and Plat approved by the City in 1986. Action on the request was tabled at the July 6, 2004 City Council Meeting. The Council directed the Planning Committee of the City Council to develop findings of fact to support denial of the Site Plan request. PLANNING COMMITTEE OF THE CITY COUNCIL The Planning Committee of the City Council met on July 27 to review findings of fact to support denial of the Site Plan request. The Committee discussed reasons for denial included on the attached resolution. RECOMMENDATION " Planning Commission - Deny The Planning Commission voted toderiy the request by a 4 - yes (Greil, Schmitt, Alongi, Mcinnis); 1 ...:. no (Hollenbeck); 1 - abstention (Twedt) at the June 28, 2004 meeting. Commissioners voting no cited the foll9'^(ing rea~ons: 1) The site plan does not meet the landscaping and berming conditions placed upon the 1986 Preliminary Plat approval. l_.->- _ 2) Increase in traffic from the development would cause a negative effect on the neighborhood. Staff - Approve Staff recommends approval of the Site Plan subject to the conditions enclosed in the memorandum. Staff contends the landscaping proposed meets site plan requirements and provides greater tree planting sizes (3" caliper, instead of 1.5") The applicant has also designated native planting areas consisting of shrub and understory vegetation. The increased landscaping was required in lieu of berming. Because the site is higher in elevation than surrounding areas, berming would have a minimal effect on screening. The 2003 traffic study for the area was revised to include High School traffic; all streets and intersections operated at an acceptable level of service during am peak, pm peak and average daily traffic (operating at Level B or better). The proposed 72 units is less than the 90 units approved for the property. ATTACHMENTS · Resolution for Denial . Location Map . Plan Set · Updated Traffic Study Memo - Benshoof and Associates. · Traffic Count Reports - 4th Streetand Comparable Roads · Letter from Foster & Brever, Attorneys - June 28, 2004 · Property Value Comparison - Whispering Lane Area - submitted by Larry Christianson 275 Whispering Lane · Letter from Jan Hanson - Neighboring Resident · "Objections to Proposed Project on Whispering Lane" - Larry Christianson 275 Whispering Lane . Application MEETING HISTORY The following meetings have taken place since application submittal: May 19, 2004 - Neighborhood Meeting On May 19, 2004 a neighborhood meeting was held to present the plan to the public. Approximately 20 people attended the meeting. June 14, 2004 - Planning Commission Meeting The Planning Commission discussed the request at the June 14, 2004 meeting, however no formal action was taken by the Commission at that time. Several residents spoke in opposition to the request. Commissioners directed staff to provide further information on the following: Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 3 . Sidewalks and trails . Parking · Verify timing of Traffic Study to ensure inclusion of High School. . Architecture . Tree Preservation June 28, 2004 - Planning Commission Meeting The Planning Commission voted to deny the request. Staff provided the following information based upon the June 14th meeting requests. . Sidewalks and Trails in the Neighborhood - Whispering Lane is not part of the sidewalk and trail plan. The sidewalk and trail policy calls for placement only along collector roads and highways, or to provide links to community amenities (schools, parks, etc.). Whispering Lane is 36 feet wide (curb face to curb face); wider than the 32 foot standard currently in place, providing additional width for bikes and pedestrians. · Parking - Adequacy On Site and On Street - Parking meets the 2 space per unit minimum requirement (144 spaces) of the Zoning Ordinance. Parking is allowed on both sides of Whispering Lane in the area. Whispering Lane is 36 feet wide (curb face to curb face); wider than the 32 foot standard currently in place. The City has just enacted changes to the parking code to limit on street parking to no more than 24 hours. Any change to restrict parking could be approved by the City Council after review by the Public Works Director. · Architectural Issues - The applicant's architect David Harris has submitted additional information including a color rendering of the building and analysis of conformance to the City's Architectural Standards. He has also included property information and pictures of adjacent residences. · Traffic Study - Benshoof and Associates, author of the original Traffic Study in July, 2003 has re-analyzed traffic along Featherstone, 4th Street, and Whispering Lane to include traffic from generated by the High School. They have concluded that their original projections on level of service are unchanged even with the school traffic. Please see attached memo for further information. Traffic Count reports for 4th Street and other comparable streets have also been included for comparison. · Tree Preservation Plan - The grading plan has been modified to include preservation of nine significant trees at the northwest corner of the property. The City Forester has reviewed the plans and they have addressed the comments of his previous reviews. He notes that given the density previously approved on the property (prior to Tree Preservation Standards) it is virtually impossible to meet all of today's tree preservation guidelines with the approved density. - Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 4 Comments from Neighbors The following comments have been voiced during various meetings: . Incompatibility with the neighborhood. . Increase of traffic on Whispering Lane, Featherstone Road, and 4th Street. . Affect on property values . Will units be owned or rented . Can city services, fire, police, utilizes serve the site adequately. . Positioning of driveway entrances facing homes on Whispering Lane. · The area has changed since the original approval in 1986. . Sidewalks and trails . Parking · Have other housing options been examined for the site? . What about upscale town homes? BACKGROUND INFORMATION Comprehensive Plan Classification The subject property is guided U-II- Urban Residence (4-8 units per acre) in the Hastings Comprehensive Plan. Williams 1st Addition was approved as a Planned Residential Development allowing for density on individual lots to exceed that of the plan, provided the entire development is within the required density. Overall density for Williams 1st Addition (including Hillcrest Townhomes, and excluding the church) is 5.9 units per acre and consistent the Comprehensive Plan. Zoning Classification The site is zoned R-3 - Medium High Density Residence. Multiple Family residential structures are a permitted as part of a Planned Residential Development in the district. Adjacent Zoning and Land Use The following land uses abuts the site: Direction North East ExistlnCl Use Single Family Res Whispering Lane Single Family Homes Potential 30 Units Townhomes ZoninCl A-Ag\R-3 R-3 - Med\High R-3 - Med\High R-3 - Med\High South West History - Comp Plan U-II - Res 4-8 U-II- Res 4-8 U-II- Res 4-8 U-II - Res 4-8 - Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 5 Williams 1 st Addition was originally platted in 1986 as mixed use development including 177 residential units. 90 units were originally approved for the subject property. The original plan has been modified over the years as follows: . Twin home units originally platted along the east side of Whispering Lane were replaced by Single Family Homes. The revision eliminated 7 of 14 planned units. . Lots 1-3, Block 3 (south end of development between Whispering Lane and Crestview Drive) were replatted as Hillcrest Townhomes. The revision eliminated 4 of 22 planned units. . Site Plan approval to construct a 30 unit building was granted by the City Council on July 21,2003. It does not appear that the developer, Jon Whitcomb, will construct the 30 unit building, and may seek approval for a lower density townhome development. Existing Condition The existing site is forested. The site slopes approximately 25 feet west to east. Proposal Two 36 unit, 3 story buildings, and four 18 stall garages are proposed. The entire site would be graded resulting in a great loss of trees. SITE PLAN REVIEW Tree Preservation Plan The site is forested with native trees including oaks, basswoods, and cedars. 65 significant trees (6" deciduous or greater, 12" coniferous or greater) have been identified on the site. The applicant proposed to save nine significant trees at the northwest corner of the site. The City Forester has reviewed the plans and they have addressed the comments of his previous reviews. He notes that given the density previously approved on the property (prior to Tree Preservation Standards) it is virtually impossible to meet all of today's tree preservation guidelines with the approved density. Building Setbacks Building setbacks are determined through site plan review for Planned Residential Development projects. Building setbacks are acceptable, and are as follows: Direction Minimum Proposed Setback Front Yard Setback - Whisperina Lane 35 feet North Side Yard Setback - Sinale Family 30 feet South Side Yard Setback - Future 30 units? 30 feet Rear Yard Setback - Summit Point Townhomes 30 feet I . - Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 6 Condo Buildings The condo buildings have been positioned to present the shortest sides to Summit Point residents to the west, and Whispering Lane residents to the East. Each building would contain 36 condominium units ranging from 1-2 bedrooms and 783 - 1,426 s.f. Garage Placement Four, 18 stall garages are proposed. The garages are located in close proximity to one another, but are separate buildings. Their placement creates a long 15' wide space between the garages which is difficult to maintain, and could be become and attractive nuisance. The following change should be made: 1) The separation between the four garage buildings must be modified in one of the following ways: a) eliminate the space by combining buildings. b) Access and drainage behind and between buildings must be eliminated in such a way to be architecturally compatible with the buildings at the discretion of the Planning Director. Staff strongly recommends combination of the garage buildings to avoid this Although underground parking would be preferable to avoid tree loss and increase green space, the bedrock in the area just below the surface adds additional expense. Access and Circulation Two entrances are proposed on Whispering Lane. Access and circulation is acceptable with the following modification: 1) The driveway entrances must be placed to avoid headlight interference on existing homes and to achieve a minimum 150 foot setback from intersection if at all possible. Transportation Study - 2004 Update Benshoof and Associates, author of the original Traffic Study in July, 2003 has re-analyzed traffic along Featherstone, 4th Street, and Whispering Lane to include traffic from generated by the High School. They have concluded that their original projections on level of service are unchanged even with the school traffic. Original Traffic Study A transportation study was conducted by Benshoof and Associates as part of the 30 unit Williams Addition Site Plan last year. The evaluation included impacts of the 30 unit building, 90 unit building, and potential future development on the following intersections: . 4th Street & Whispering Lane Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 7 . Featherstone Road & Whispering Lane . Site Access & Whispering Lane Capacity analysis was presented in terms of Level of Service (LOS), which ranges from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. The study concluded that all intersections will operate a LOS of B or better under all traffic scenarios during both the a.m. and p.m. peak hours. Therefore the proposed development will not create any serious negative impacts on level of service at the subject intersections. Parking The site meets minimum parking requirements. Parking is provided as follows: Site 72 Condo Units aces Parking Lot Setback The Parking lot meets minimum setback requirements. A retaining wall along the west end would lower the parking lot 3-6 feet below the existing grade of the Summit Point homes to minimize traffic and noise interference. Pedestrian Access No new sidewalks or trails are proposed. Architectural Elevations Architectural elevations meet the City's Architectural Standards. The building incorporates both brick and lap siding. The longer, front and rear portions of the building incorporate brick below the first floor window. The vertical height is segmented by aluminum trim. Windows would incorporate decorative shutters. The horizontal plane of the front and rear is broken by decks. The plane is offset at the building corners. The sides of the building adjacent to Whispering Lane and Summit Point incorporate a much higher percentage of brick. The garage buildings incorporate similar materials with brick on the sides facing public view. Waste Enclosure Two waste enclosure buildings are proposed between each of the garages. The enclosures must be enclosed on all four sides. Their proximity abutting the garage buildings may trigger additional fire rating separation. - Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 8 Landscape Plan The Landscape plan provides for a variety of plantings adjacent to building and throughout the site. Planting beds have been incorporated into the building design and along the top of the western retaining wall. The plan appears acceptable, however additional trees may need to be planted per the Tree Preservation policy to offset those removed. Lighting Plan A photometric lighting plan has been submitted. Lighting levels at the perimeter of the site are acceptable. All lighting must be downcast and shielded towards parking areas Signage Signage is not proposed. One monument sign not to exceed 50 square feet is allowed under the zoning district, subject to sign permit approval. Grading, Drainage, Erosion Control, and Utility Plans The Grading, Drainage, Erosion Control, and Utility Plans have been forwarded to BDM Engineering for review and comment. Review comments must be adequately addressed before the plan is scheduled for final review by the City Council. Grading, Drainage, and Erosion Control plan and Utility plan approval must be obtained by the Public Works Director as a condition of approval, Environmental Assessment Worksheet (EAW) Approvals for the site in 1986 triggered a mandatory EAW to assess environmental impacts. The City Council reviewed the EAW and determined that the project would cause no significant impacts, and did not warrant a more comprehensive Environmental Impact Statement (EIS) to be completed. The EA W required creation and adherence to an erosion control plan (now required by all developments). The applicant shall adhere to the EAW in construction of the site. STAFF RECOMMENDATION Approval of the Site Plan request is recommended subject to the following conditions: 1) The applicant must work with the City Forester prior to site construction to evaluate areas for tree preservation. 2) Any significant trees removed must be replaced per the City's Tree Preservation Policy as determined by the City Forester. 3) The separation between the four garage buildings must be modified in one of the following ways: a) eliminate the space by combining buildings. b) Access and drainage behind and between buildings must be eliminated in such a way to be - Lawrence - Williams Addition 72 Units - Site Plan Review City Council Memo - August 2, 2004 Page 9 architecturally compatible with the buildings at the discretion of the Planning Director. 4) The driveway entrances must be placed to avoid headlight interference on existing homes and to achieve a minimum 150 foot setback from intersection if at all possible. 5) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 6) 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. 7) 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 be maintained until final grade. The fence shall be installed out to the drip line of all trees marked for preservation. 8) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 9) All landscaped areas must be irrigated. 1 0) All waste enclosures shall be enclosed on all four sides to fully screen the contents, and constructed with exterior materials to match the primary building. 11 )Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 12)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 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING THE SITE PLAN REQUEST OF LAWRENCE BUILDERS, INC. TO CONSTRUCT 72 UNITS ON LOT 2, BLOCK 1, WILLIAMS 1ST ADDITION Council member moved its adoption: introduced the following Resolution and WHEREAS, Lawrence Builders, Inc. has submitted an application for site plan approval to allow construction of 72 residential dwelling units, consisting of two, 36 unit buildings on property generally locates west of Whispering Lane and Crestview Drive, legally described as Lot 2, Block 1, WlLLlAMS 1ST ADDITION, Dakota County, Minnesota; and WHEREAS, on June 28, 2004, review of the request was conducted before the Planning Commission as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission voted to recommend denial of the request based for the following reasons: 1) The site plan does not meet the landscaping and berming conditions placed upon the 1986 Preliminary Plat approval. 2) Increase in traffic from the development would cause a negative effect on the neighborhood. WHEREAS, The City Council has reviewed the request of Lawrence Builders and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings hereby denies the Site Plan request of Lawrence Builders based on the following findings of fact: 1) Inconsistency with the Housing Policy of the Comprehensive Plan. Specifically, the following provision: "Hastings will continue to evaluate site plans and building plans for multi-family residential development to ensure that new development compliments existing residential development and fits appropriately within the natural environment and historical context of the immediate neighborhood." The scale and mass of the proposed three story buildings does not fit appropriately and does not compliment the adjoining single family residential properties. The site plan does not provide an adequate buffer and transition to be consistent and appropriate to the adjoining single family properties. 2) Inconsistency with the Hastings Tree Preservation Guidelines. The proposed removal of most significant trees to facilitate construction, and failure to meet tree replanting guidelines is inconsistent with the Tree Preservation Guidelines. 3) Public Safety and Transportation. Approval of the Site Plan would increase traffic on adjacent streets and at the intersection of Whispering Lane and Featherstone Road, which has limited site visibility. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee 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 2nd day of August, 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. East Hastings, MN 55033 - . I ~I i' (J) ;::;: CD ~ i ~+z tT1 0)EB EBEBtEEBtE .... . ,. 00001 ~.m i 0 0 ~O ~ ~ ~l:Z~~~~)o~ fSl9 -t 2 g. _ ~ t:: ~ "'" Ii: 2. r "' "11 If II' CD . i co . CD " Co NI;' I :IE WCiJ c:n~ C:n ~CD -- -03 me --- Q.- (CQ. UI CD Ci1 om .01....01 .0 ""E r;:!:~9(}P~n~;u:;v ~ - J,.. ... '" .:;: ~ .!o ... II !IHli I I'I~I.! "I' :1'III.j Iii ! II I'HI . ., ~ ! I Ij CJ ;! ~ I' b,.!J ,,~ z f1 n 'tIcn~ ~~ ;- ~~. 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I!,&OOOO[g[ii]@[g @@[ii]!ID@~ .C:Jn@~[lOODIII1@ [l"o!li!Ill rnJI&@'ii'UOO@@, 1Hl00. David L. Harris Architect ...>d,:....- y~ - - ~ ~ ~ . y YV W . 'P ~ Y . . ....... ... '..... ~ ~.~ ~. ~ ~ ~ ~~.~ ~'_.~'.,..'>ri,~~!_<r- ~ "",:;.t ':'~\"jI;~' 'tt" ,." e., ;-:.;,.1 ',: ,+ ' a:~ .1 :.;,fii < .... < -I m ~ ! ~ E ~ ~ 1: ~ 1: ~ ~ ~ 9 11 m (!! m <) (J> (J) (J> (J) m m <J 2 ~ 2 11 ~ ~ ~ ~ L m 0 :I ~ r :I ~ .... ~ ~ ~ 11 ~ JI III .. III . (J> ~ ~ ;,:,':'?:' ", ~'F' ~ · .- I!,&oooon]@~ @@Iill!ID@~ WC:JD@IfI[lOODIi!I@ UlOOIl l}:J&e'ii'D!M(j~, 0000. P+-1. E>5l4a0.2081 p.o. EIOX 2E>2 f.lASTING5. I""N.. 5&033 . David L. Harris Architect w BENSHOOF & ASSOCIATES, INC. TRANSPORTATION ENGINEERS AND PLANNERS 10417 EXCELSIOR BOULEVARD, SUITE TWO / HOPKINS, MN 55343/ (952) 238-1667/ FI'J( (952) 238-1671 June 25, 2004 Refer to File: 03-44 MEMORANDUM TO: John Hinzman, City of Hastings FROM: Edward F. Terhaar RE: Results of Updated Traffic Study for Proposed Residential Development in Hastings, MN As requested, we have updated the traffic study as presented in our July 8, 2003 report to account for the following two items: (1) traffic volume adjustments to account for traffic generated by the nearby High School and (2) trip generation adjustments to account for changes in development size. The resultant updated volumes were then used to update the Level of Service analysis for each intersection reviewed in the original study. Traffic volumes on both Featherstone Road and 4th Street were adjusted to account for traffic generated by the nearby High School. Traffic volumes as presented in the High School Traffic Impact Study dated March 4, 1999 were used for our adjustments. This report assumed the school would contain 2,000 students and 175 staff persons. The weekday a.m. and p.m. peak hour volumes presented in our report were increased by the amounts presented in the High School report. The development trip generation as presented in our original report was adjusted to account for the smaller size of the proposed development. In our original repot, we had assumed a development consisting of 90 condominium units. The current proposal consists of 72 condominium units. This adjustment resulted in a trip generation reduction of approximately 20 percent for this development. The resultant volumes were then used to update the Level of Service analyses presented in the original report. The updated analysis indicated that all levels of service as presented in the original report remain unchanged using the updated volumes. Therefore, the analysis intersections will operate at acceptable levels of service as presented in the original report. ",--_.,- Traffc Count Reports Street Name Location Time Date Total # of Vehicles 4th Street 100ft West of Pleasant Dr 48 hours 6/8/04 to 6/10/04 5900 4th Street 100ft East of General Sieben Dr. 48 hours 6/14/04 to 6/16/04 5630 4th Street 100ft West of Vermillion (61) 48 hours 6/16/04 to 6/18/04 8500 Pleasant Drive 100ft North of 15th St 48 hours 6/22/04 to 6/24/04 14500 Pleasant Drive 100ft South of 15th St 48 hours 6/16/04 to 6/18/04 . 11900 15th Street 100ft East of Westview Dr. 48 hours .- ~04 to 6/16/04 15500 15th Street 100ft East of General Sieben Dr. 48 hours 6/7/04 to 6/9/04 3500 Pine Street 100ft South of Hwy 55 48 hours 6/15/04 to 6/17/04 10100 ------ .... "-...----- .-. __+m___________ ------ ~--_.__.- i Pine Street 100t! South of 2nd Street . 48 hours 6/8/04 to 6/10/04 5200 .' - --- Traffic Count Report Sheet I t. &1 I FOSTER & BREVER, PLLC ATTORNEYS AT LAW THOMAS E. BREYER R0IiEin J. FUSHt< ERIC BREVER, LAW CLERK "' DATE: TO: FROM: RE: MONDAY, JUNE 28, 2004 ROBERT FOSTER LUCIANA ZAMITH CITY OF HASTINGS - R-3 ZONING APT COMPLEX -' 1. Should a Condominium Building, such as Lawrence Condos, be built in Block 1, Lot 2 of Williams First Addition? FACTUAL BACKGROUND Block 1, Lot 2 of Williams First Addition is located in a R-3 zone, otherwise known as a Medium- Density Residence Zone. The. intent of this zone is to recognize "the growing demand for rental housing in Hastings" and to allow "increased 'design flexibility' and a more compatible land use development pattern." . Art. 10.14, subd.!. However, as with any zoning area, subdivision ofland, otherwise known as platting, must comply With "good overall design." As Mr. T9m Harmening, City Planner, recognized in his memorandum of January 24, 1986, it is important for city development to use "transition uses," thereby creating "good overall design" that "could blend. . . well with the existing land use in the area." Building a Condominium Building in Block I Lot 2 does-not comply with the requirement of a "good overall design." At the time Schumacher Realty first moved for a rezoning of the area known as Williams First Addition, from AG land use, to R-3 zone, city council rejected its initial proposal, due to a "need to re-organize the site plan to provide high quality design which is required by the P.R.D. Procedure." Memorandum From Tom Loucks to City Council (Dec. 30, 1985). Among the reasons for its denial, Mr. Tom. Loucks recommended that "a row of duplexes be located east of proposed Whispering Lane [Block 3, Lots 2-7] in order to serve as a transition between the multi-family housing units and proposed single family units on the westem part of the site." Concerned with the "good overall design" of the Williams First Addition, and the need for the use ofland that "could blend. . . well with the existing land in the area," Mr. Tom Harmening stated in his Memorandum of January 24, 1986 that "[i]fthe city approves the rezoning and preliminary plat the developer will still be . required to receive site and building plan approval at the time of an actual construction proposal. Therefore, approval at this time is by no means approval of a final site plan." Concern for final approval is echoed in Ch. II Subdivision Regulation (Platting). A further illustration of the city's concern for the need of "transition uses"Ts contained under the recommendation of Mr. Harmening, which states, "[i]t is recommended that approval be subject to the following conditions or understandings being implemented: I. That the park land, single family homes, duplexes, townhouses, and apartment units be located on their respective lots as proposed -.- Suite 200 . 28SS Anthony Lane South. St. Anthony, MN 55418 Telephone: (612) 789-1331 www.fosterbrever.com >l0:u/ tlXif/a-l oJ pc. }/rf? 2004 in the preliminary plat/development proposal." Memorandum From Tom Loucks to City Council (Dec. 30, 1985). The concern for "transitional uses" and "good overall design" was made binding at the February 3, 1986 City Council meeting, when the City of Hastings approved the rezoning of Williams First Addition to R-3,use, subject to the condition recommended by Mr. Harmenings, that is, "[t]hat the park land, single family homes, duplexes, townhouses, and apartment units be located on'their respective lots as proposed in the preliminary plat/development proposal." _' Yet, despite the conditions set forth at the February 3,1986 City Council meeting, on November 10, 1986, the city amended its development agreement, and changed the use of Lots 4-7, Block 3, from two family residential structures to single family residential structures. This change in land use Undermined the goals of the City to maintain a "transitional use" and "good overall design" of the Willir.ms First Addition. No longer was there a buffer zone between single family units and multi-family plats. However, even after the amendment of the development agreement, concern remained to keep a "good overall design" in Williams First Addition. In fact, on a June 3, 1987 memorandum by Mr. Harmening, in response to a request to change the status of Block 2, Lots 1 and 2, which were previously designated for the development of two duplex structures, Mr. Harmening stated, It would appear that one of the primary reasons for proposing duplexes on the subj ect lot was to provide a buffer between the high density multi family development to the west and the single family homes to the east. Although staff has concerns with the placement of single family homes adjacent to a multi family development these concerns are somewhat lessened due to the fact that the subject lots would not appear to be affected by the multi family development as much as the other duplex lots along Whispering Lane. Memorandum From Tom Harmening to Hastings Planning Commission (June 3, 1987) (emphasis added). In recommending the change of use in Lots 1 and 2, Block 2. Mr. Harmening specifically stated, "Due to the fact that the development of single family homes on the subject lot would not be directly affected as much as the other duplex lots along Whispering Lane a recommendation is made for approval subject to the consideration of the above stated suggestions." Even if the concerns were fewer than if the proposal had been to change the land use in the duplex lots along Whispering Lane, the city still decided to implement techniques to lessen the absence of a buffer zone. Among these techniques was the "installation of berming, tree plantings and other screening devices on the multi family lot adjacent to the single family homes." Concerns for the elimination of the buffer zone is also echoed in Mr. Harmening's memorandum of March 17, 1988 to the Mayor and City Council. In this memorandum, Mr. Harmening states that __"[i]t would appear that one of the original reasons for proposing duplexes on [lots 4,5,6 & 7, Block 3] would be to provide a buffer between the multi family development to the west and the single family homes located to the east. From a basic planning principle this design made sense. . . A concern which staff has pertains to the placement of single family homes adjacent to a multi family development. Ordinarily this type of situation is not overly desirable. I might add that the Hastings planned residential development requirements, which the multi-family project . 2004 , , would be bound to, does address situations where multi-family units are adjacent to single family homes. " Also in this memorandum, Mr. Harmening recommends that if the city decides to grant this change"it should require the installation of techniques such as berming, trees and other screening devices on the multi- , family 'lot. It specifically states that "[these techniques] should be taken into consideration at the time of site' plan approval for the multi family project." -' ANALYSIS When considering whether' a development plan should be ap~roved, the following factors are considered: I. The density of the area, where construction is proposed; 2. The impact of transportation on existing traffic; 3. The minimization of small roads leading up to larger streets. Further, "[even i]f the city approves the rezoning and preliminary plat the developer will still be required to receive site and building plan approval at the time of an actual construction proposal. Therefore, approval at this time is by no means approval of a final site plan." Memorandum from Tom Harmening (January 24, 1986). Concern for final approval is echoed in Ch. 11 Subdivision Regulation (Platting). The Condominium plans proposed by Lawrence Condos should not be built based on the considerations stated below. On February 3, 1986, the City Council adopted the following requirement: that "[t]he final site plan proposals to be in conformance with city regulations. Specific attention to be paid to setbacks, screening and landscaping, fire protection systems, screening of waste disposal systems, lighting, etc." The Lawrence Condos do not meet such standard. 1. The Building does not meet the condition that "berming, tree plantings and other screening devices [be installed] on the multi family lot adjacent to the single family homes." According to the Construction Plan submitted by Lawrence Condos, the building fails to satisfy the requirement that bermings be erected as a buffer between the condos, and the single-family homes located across the street. The only berming proposed to be erected is located on the bottom right corner of the plan. The center and northern edges of Lot 2 fail to adopt any techniques to seclude the buildings from the single- family homes. .- Further, the Building does not have enough trees to screen the property. Section 11.06 of the City Code requires that "[a] street/boulevard tree shall be required for every 50 linear ft of street frontage in a subdivision. One front yard tree shall also be required for every lot in the subdivision, The subdivider shall submit a tree plan indicating the location and species of trees. Only those varieties of trees approved by the City Forester will be used. The minimum size shall measure 1-1/2 inches in diameter at ground line. No trees shall be planted . 2004 within 30 feet of the intersection of curb lines on corner lots." Even if this requirement is satisfied, it is not enough to screen the property properly. The Building is three stories high and it is located on top of a hill. It is unlikely that the trees proposed in the Construction Plan will be enough to screen the property from the view of the adjacent single family homes. "' No other screening devices have been proposed by Lawrence Condos to seclude the Buildings from the view of the single-family homes. If built, this building will serve as a wall, since it is located on top of a hill,-' and it is three stories in height. Such building will not conform to the layout of the Williams First Addition. 11. The Construction of Lawrence Condos will Cause a Nuisance to the Neighborhood. As illustrated above, the construction of the Building will be inconsistent with the layout of the neighborhood. However, even more seriously, Lawrence Condos threaten to become a nuisance to the Williams First Addition. The following are some of the problems that would result from the building of Lawrence Condos: I. Because the building stands so tall on top of the hill, the lights shinning from the parking lots and edges of the buildings, will point directly down towards the houses near the property. 2. Increase in the amount of traffic flowing onto Whispering Lane, Featherstone Road, and 4th Street will result in longer commutes for the present residents of Williams First Addition. 3. An increase in the population in the area, would adversely impact city services.. 4. The increase in the amount of traffic flowing on Whispering Lane will endanger the traffic conditions on that road,. as there are a number of driveways stemming from Whispering Lane, and an increase in traffic would increase the likelihood of accidents F or these and other reasons, the construction of Lawrence Condos will cause a nuisance to the rest of the neighborhood. At a minimum, it will cause a decrease in the value of the single-family property. Therefore, the City Council should not approve the construction of Lawrence Condos. .> Property Value Comparison - Whispering Lane Area - Lyn Way Area I was asked by the Commission to document similar circumstances where condominiums were introduced into mature neighborhoods, and from that show impact on property values. There is no equivalent circumstance that I could find. Condominium development has always been on the edge of new development on major roads, or surrounded by commercial or park land. But, one can look at property values in the most similar case. I compared the Whispering Lane neighborhood to the Lyn Way neighborhood where there is recent condominium development. . In the case ofLyn Way, the most recent condo development is about 2 blocks from established houses; with the Whispering Lane development, it is immediately adjacent. I researched property values through Dakota County Tax Accessor records. I developed maps and spreadsheets which show the affected properties. The first map shows the homes and values nearest to the 800 Lyn Way condos, the nearest new construction. The second map shows the 800 Lyn Way condos and their value (value is the appraised value or last sale price). The third map similarly shows the prqperties adjacent to the proposed Whispering Lane development. The average home price on Lyn Way is $182,281. The average condo price at 880 Lyn Way is $125,655. The condo is priced at 69% of a single family home in the neighborhood. The average home price in the Whispering Lane neighborhood is $248,375, including toWQhouses. At 875 Bahls Drive is a condo which is substantially similar to the Whispering Lane proposal; these units are priced from $129,900 (but there is little variation in price). This represents 52% of a nearby home. To reach price equivalence the condos would have to be priced at $171,396, a difference of$41,496. I believe that a price significantly lower than this would depress property values in the neighborhood (separating this from all of the other issues and objections raised). Substantial upgrades to these condominiums are necessary to reflect any semblance of fitting in with the established neighborhood. Meeting minimum standards is not acceptable in this case. I believe that the current design is at variance with surrounding structures and can be refused based on the Planning Commission's duties as the Board of Design Control (sec 205, subv. 5). ".. .'- )f QDJ" r;/Jfflaj r. LfJ.- Adl " '" Address Land Building 2004 Value Lot Size Yr Built Homestead Finished 1101 Park Lane 42,000 168,500 210,500 0.21 1971 Y 2452 1107 Park Lane 40,700 122,600 163,300 0.20 1969 Y 1844 1111 Park Lane 40,700 133,700 174,400 0.20 1970 Y 1238 1119 Park Lane 40,700 126,900 167,600 0.20 1969 Y 1693 1121 Park Lane 40,700 137,700 178,400 0.20 1970 Y 1649 1201 Park Lane 40,700 139,800 180,500 0.20 1970 Y 2152 1100 Lyn Way 40,700 110,400 151,100 0.21 1968 Y 1118 1106 Lyn Way 42,000 142,200 184,200 0.20 1968 Y 1253 1112 LynWay 42,000 172,200 214,200 0.20 1970 Y 2303 1118 Lyn Way 42,400 195,200 237,600 0.20 1967 Y 2572 1202 Lyn Way 42,000 132,000 174,000 0.20 1967 Y 1596 1206 Lyn Way 42,000 130,700 172,700 0.20 1967 Y 2088 1101 LynWay 38,600 142,800 181,400 0.27 1969 Y 2148 1107 Lyn Way 38,600 134,400 173,000 0.27 1968 Y 1830 1111 Lyn Way 39,500 143,500 183,000 0.27 1970 Y 2093 1117 Lyn Way 38,600 145,000 183,600 0.27 1968 Y 2018 1121 Lyn Way 49,500 148,000 197,500 0.38 1969 Y 1980 Total 3,127,000 Avg Price 182,281 ... I-IW'f .,,1'; 2004 Appraised Last Sale Peak Address Land Building Value Amount Yr Built Homestead Value 880 Lyn Way #101 10,000 115,900 125,900 123,055 2003 N 125,900 102 10,000 115,900 125,900 126,900 2003 y 126,900 103 10,000 106,300 116,300 122,900 2003 Y 122,900 104 10,000 106,300 116,300 122,900 2003 N 122,900 105 10,000 106,300 116,300 122,900 2003 Y 122,900 106 10,000 106,300 116,300 122,900 2003 Y 122,900 107 10,000 106,300 116,300 126,200 2003 Y 126,200 108 10,000 106,300 116,300 122,900 2003 Y 122,900 109 10,000 115,900 125,900 125,000 2003 N 125,900 110 10,000 115,900 125,900 130,900 2003 N 130,900 201 10,000 115,900 125,900 130,500 2003 Y 130,500 202 10,000 106,300 116,300 122,900 2003 Y 122,900 203 10,000 108,300 116,300 122,900 2003 Y 122,900 204 10,000 108,300 116,300 122,900 2003 Y , 22,900 205 10,000 108,300 118,300 122,900 2003 Y 122,900 206 10,000 106,300 116,300 122,900 2003 Y 122,900 207 10,000 106,300 116,300 126,400 2003 Y 126,400 208 10,000 106,300 116,300 122,900 2003 y 122,900 209 10,000 115,900 125,900 130,500 2003 Y 130,500 210 10,000 115,900 125,900 126,900 2003 Y 126,900 301 10,000 115,900 125,900 130,400 2003 Y 130,400 302 10,000 115,900 125,900 126,900 2003 Y 126,900 303 10,000 106,300 116,300 122,900 2003 Y 122,900 304 10,000 106,300 116,300 124,900 2003 Y 124,900 305 10,000 106,300 116,300 126,200 2003 Y 126,200 306 10,000 106,300 116,300 125,900 2003 N 125,900 307 10,000 106,300 116,300 126,400 2003 Y 126,400 308 10,000 106,300 116,300 122,900 2003 Y 122,900 309 10,000 115,900 125,900 130,500 2003 Y 130,500 310 10,000 115,900 125,900 130,900 2003 Y 130,900 Total 3,769,900 Avg 125,655 - __J Address 397 Whispering Lane 393 Whispering Lane 389 Whispering Lane 377 Whispering Lane 373 Whispering Lane 369 Whispering Lane 365 Whispering Lane 355 Whispering Lane 325 Whispering Lane 305 Whispering Lane 275 Whispering Lane 225 Whispering Lane 205 Whispering Lane 250 Crestview Drive 283 Summit pt Dr 271 Summit Pt Dr 259 Summit pt Dr 247 Summit pt Dr 235 Summit pt Dr 223 Summit Pt Dr 211 Summit Pt Dr 209 Summit Pt Dr 353 Summit pt Ct 341 Summit Pt Ct 339 Summit Pt Ct 327 Summit pt Ct 315 Summit Pt Ct 303 Summit pt Ct - Land 34,000 30,600 30,600 34,000 30,600 30,600 34,000 72,900 66,200 66,200 68,100 69,500 68,100 69,500 28,400 25,500 25,500 28,400 28,400 26,700 28,400 28,400 31,200 29,300 31,200 25,500 25,500 28,400 Building 222,400 223,100 222,300 172,200 175,900 174,300 175,900 217,300 213,500 238,000 254,500 237,400 231,200 263,700 165,600 165,700 167,400 165,700 166,000 156,000 165,600 167,200 194,200 241,100 234,000 219,300 196,300 232,300 2004 Appnlised Value 256,400 253,700 252,900 206,200 206,500 204,900 209,900 290,200 279,700 304,200 322,600 306,900 299,300 - 333,200 194,000 191,200 192,900 194,100 194,400 182,700 194,000- 195,600_ 225,400 270,400 265,200 244,800 221,800 260,700 Last Sale Amount 264,000 276,837 161,000 183,000 220,000 177,500 193,900 380,115 YrBuilt 2002 2002 1999 1996 1996 1996 1996 2003 1993 1996 1995 1987 1989 1998 2000 2000 2000 2000 1999 1999 2000 2000 1999 1999 2000 2000 2000 2000 184,846 304,871 178,000 260,000 180,000 186,900 196,164 193,900 156,000 163,750 164,000 177,900 208,000 185,930 233,198 266,128 222,900 222,765 307,000 Homestead y y y y y y y y y y y y y y y y y y y y y y y y y y y y Finished Peak Value 1732 264,000 1732 276,837 1724 252,900 1624 206,200 1624 220,000 1624 204,900 1624 209,900 1754 380,115 1804 279,700 2965 304,200 3064 322,600 3404 306,900 2578 299,300 3332 333,200 1632 194,000 1660 196,164 1732 193,900 1660 194,100 1710 194.400 1710 182,700 1632 194,000 1632 208,000 1710 225,400 3020 270,400 2738 266,128 2430 244,800 1634 222,765 2710 307,000 Total 6,954,509 Avg price 248,375 To: Hastings Planning Commission From: Jan Hanson Date: 6/4/04 Re: Proposed Development Whispering Lane & Crestview I am writing with concern about the proposed development of condominiums at Whispering Lane and Crestview Drive. I was infonned about a meeting of the Planning Commission for 5/24/04 and this would be a time to voice concerns. Upon arrival I was told this project was not going to be discussed. I have received infonnationfrom other concerned neighbors and I would like to share my opinion. Since our property value will be directly impacted by this development, I would like to request the planning commission seriously consider changing the zoning to only allow single family homes on the remaining property at this site. There is enough high density housing in this area along with the school and business developments. It would be appropriate for the planning commission to take a serious look at how the high density zoning and development is no longer appropriate for this area. Yes, I knew of this zoning when we chose to live here. I do believe, however, there are situations that require considering the impact of this type of development no longer being appropriate. I am aware of proposed development along Pleasant Drive near the hospital area which will also increase traffic and density to this area. That also should be taken into consideration and also support the fact that on our street, single family homes would most appropriate. I appreciate the city council following the process of infonning residents and allowing residents to share concerns. However, I don't think the opinions of the residents are always taken seriously. I have recently been infonned that there is a possibility this project will be on the June 14th agenda. It would be important to know prior to arrival as to whether this will be discussed. Thank you for your consideration to this neighborhood. Sincerely, CfuV M Jan Hanson fiuJ- b(~ IJj "' -' Objections to Proposed Project on Whispering Lane June 14,2004 Larry Christianson 275 Whispering Lane 437-8082 - Background I am the homeowner that lives at 275 Whispering Lane, the house directly across ITom the eastern driveway of the proposed condo/apartment building. I designed and built my home in 1996. I live there with my wife, daughter and father-in-law for whom we provide care. My home was recently appraised as being worth $350,000, which is about 10% more than its building cost 8 years ago. The. lot price was $40,000 when we built. This year's property taxes were nearly $4000 on a tax- appraised value of $315,000. I mention this only in support of the potential financial impact that this project. will have on me and my neighbors. . -"' The statements here are my own, and are, to the best of my knowledge correct. Naturally, I have an opinion about this project or I wouldn't be bothering with this; but I am trying to stay factual and to avoid hyperbole. Neighborhood History The bulk of Whispering Lane and Crestview Drive were developed in the 1980s and 1990s. Most of the homes were in place for many years before we built in 1996. These are predominantly upscale, single-family homes. A few twin homes were added in 2002 on the lower end of Whispering Lane; these also are upscale. On the west side of the proposed development site are Summit Point Drive and Glenlou Way. This area has been developed in high-quality twin homes in the last few years (townhouses?). My understanding is that all this property was. owned by a single owner who resided in Edina. Originally, the area plan called for townhouses and higher density housing. Apparently the city signed a contract with the owner of the property in 1985 which allows higher density housing (up to 90 units) on the lots in question. Why this was done, and whether this was proper, I don't know; it is not appropriate now in light of how the neighborhood evolved. The area's demand was for single-family homes. Over the years the large lots were re-platted and sold for single-family homes. The buyers were typically told that the neighborhood was to be single-family homes and townhouses. Although the zoning was still R-3, the universal expectation was that high-density wouldn't come because it is so vastly different than what existed. Now, the only remaining undeveloped land is the lot in question and smaller adjoining plots. The Whispering Lane/Crestview neighborhood was particularly unique in that these lots were independent of any particular builder. As a result, there has been a wide variety of designs, but of consistent quality and taste. The neighborhood is unique in its variety of styles, it is eclectic in a very good way. General Objections to the Project . The project doesn't fit the neighborhood. This neighborhood in nearly fully developed and consists of high-end single family and townhouses. Many homes have been in existence for over 10 years. The neighborhood is stable, turnover of housing is low and neighbors know neighbors. Consistent and appropriate development would consist of more homes of a similar nature. It is not fair to the existing residents to impose such a dramatic change of land use and population to the neighborhood. ... . The developer says condominiums, but is it really? _' A owner-occupied is more desirable than rental units because of the stability of the residents. But, there is no way to prevent the developer ITom declaring this to be apartments, or rental condominiums, or owner-rented condominiums. As you know, the City Council recently called for a moratorium on multi- unit developments to have time to sort this out; this is a recognized problem. . The area will not bear the traffic generated by 70-100+ new units. There is no quick access to a major road. All traffic will be put onto Whispering Lane. The nearest cross-streets are Featherstone Road and 4th Street which are feeder streets. To reach Highway 55, Pleasant A venue and General Sieben Drive all require passing through multiple stop signs. A traffic study was done for a 30 unit building which was proposed for the adjoining lot. The road was found to be adequate, but I feel the study was flawed. The study was conducted at a time of low traffic; during the summer when the high school was out and people would be on vacation. This project is over twice as large as the one for which the study was made. If this 72 unit project is allowed, almost certainly an addition 30-36 unit building will be put on the adjacent lot for a total of 102-108 units. If each unit has 2 cars, which might be a low estimate, it will introduce 200-250 cars (trucks, moving vans, etc.) into a street which previously had about 25 cars using it for residential access. Whether this increase will necessitate street improvements, I don't know, but it is not fair to the existing residents to bear the cost of improvements to a road which already suits their needs. . The road is already difficult. Whispering Lane and Crestview both curve and rise sharply to the top, peaking at the intersection of Whispering Lane and Crestview. Visibility is limited and sometimes hazardous. I often have difficulty exiting my driveway, which is adjacent to this intersection, because of the lack of visibility. To add a 4th and 5th intersection to an already problematic comer is bad planning. See the attached photos for reference, and come and take a look. Featherstone Road is a sharp incline, the top of which is about 100 feet west of the intersection with Whispering Lane. There is already a 'Blind Intersection' sign posted there. Featherstone Road is a main feeder to this area, this intersection will be truly hazardous if the volume of traffic is expanded by 5x or more. There are a lot of children in the area. They like to ride their bikes and some play in the street. In particular, the lower portion of Whispering Lane (south of 4th Street which connects to Pleasant) often has street hockey and ad hoc baseball games going on. Sure, they shouldn't play in the street, but this is what makes a neighborhood. r believe that there is the significant risk of someone being hit if traffic volume is high. . Parking will be problematic. The plan calls for 72 garages (one per unit) and approximately 72 lot spots; One can reasonably expect that many of the garages will be used for storage units and the cars will be stored outside. If there are more than 2 cars per unit, which is a reasonable expectation, they will spill out into the street. Cars pe=anently parked in the street is unsafe and unsightly. No doubt the residents of the building will have guests too, adding to the congestion. The street is a no=al width, but it feels very full now any time that there are cars parked on both sides. It is not fair or safe to the existing residents to put up with this and to potentially take away parking.for their guests. In addition, emergency vehicles could be impaired with the congestion. . , There may be a strain on basic services. There are times of day when I notice a drop in water pressure. Will the addition of 72-1 00+ households in one small area make service levels sub-standard? Has any study been made to check that appropriate quantity and quality of water will be available to serve the area? The City Council, on June 7th, directed the city engineer to hire an outside consulting f= to plan water requirements for near and long-te= needs in Hastings. -' Will sidewalks now be necessary? Should the existing residents, who have lived without, now have to pay an assessment in order to satisfy this extraordinary influx of residents? Will fire and police coverage for the area be impacted? High-density housing usually also demands above average attention ITom these services. . This will have a negative impact on property values. I have been told that I can expect a 10 to 30% decrease in property value depending upon the use and execution of the project. Residents who are closest will suffer the most, those who live on non- connecting streets can expect about a 5% decline in value. If one takes the 5% figure and applies it to the surrounding 110 properties and allows an average home value of $250,000 you derive an equity loss to the neighborhood of $1,375,000. This figure is probably low, it certainly is in my case where I can expect to lose around $100,000. I'm sure my property tax will go down (sarcasm). It is not fair to transfer the hard work of long-te= residents to developers and non-residents. . The people of the area do not want this project. They see it as destructive to the neighborhood and completely undesirable., Opposition to last year's 30 unit proposal was strong, but too late. It was only good fortune that it did not happen. Opposition to this project has been even stronger based on responses I received. I have had calls ITom about 70 different households opposing this project and supporting my efforts to stop it. Many were prepared to attend the last Planning Commission meeting, but when this project was pulled ITom the agenda did not (as appropriate). Even after trying to spread the word around that the project was pulled, I talked to over 20 people in the hall to explain the situation. I hope that a good turnout will be at the meeting, that they get the word and are not put off by the 'false alarm' of the last meeting. ~ - . You may be impacting a future historic neighborhood. This neighborhood, especially on Whispering Lane and Crestview, are some of the best and most unique homes built in Hastings in the past 20 years. The homes are all individuals and indicators of the style of the decade in which they were built. This is not tract housing where they are all the same with differing veneer; they were built to fit the needs and personalities of the residents. In 50 years time, these homes could be examples of the best of the late 20th century. History has a starting point and the neighborhood has driven its stake down in time. Contrast this with the proposed apartment buildings. What kind of care and interest will these buildings engender? Probably not much, perhaps they will be viewed as what was wrong with large scale development. -' Specific Objections to this Project . It is ugly. There is nothing of architecturiU interest in the plan. The facade is plain and uninteresting. It is completely maximized and utilitarian. It screams apartment building, not home. It is nothing more than a warehouse for people, a barracks. It is far too large. It fills the lot and will tower over the neighborhood. It is located on some of the highest land in Dakota county. It will be like having the Government Center in our yards. It is out of scale to its surroundings, and would be more appropriate adjacent to commercial property. The current residents will have no privacy. They will be in constant view of the new buildings. This effectively takes away the use of their yards unless they are exhibitionists. These buildings will dominate the view from the neighborhood and will be visible from throughout the city. Is this what people want to see? . Parking is inadequate. I know I mentioned this before, but it bears repeating. 72 garages and 72 parking stalls won't even begin to serve the residents. It will overflow into the street and be a detriment and hazard. This goes to the 2nd point, this project is too big for its space. . What about water run-off? Approximately 70% of the lot is developed or paved. The water run-off will be tremendous. There is no provision for capturing or draining the water except into the street. Will the sewer system be able to handle this? This project is at the top of a hill, will adjacent properties be flooded? Will 4th Street be flooded? . Landscaping is minimal. Although the current plan shows the lot packed with trees Gust throw them in to show they're doing something), it is just putting lipstick on a pig. No amount of trees or shrubbery will make the property more attractive or less noticeable. From my front window I will now have a direct view of 36 garage/storage units. . There is no recreational space. There is no play yard, pool, tennis courts, or even just a plain yard. A home has a place where one can enjoy being outdoors. Here there is a slab of asphalt and a green space which is so full of trees as to unusable for any purpose (if grass will even grow there). Are the children who live there going to play in the streets (if the street isn't full of cars)? . This project won't be the last Whatever is established here will carryover into the adjacent lot. There are 72 units being proposed now, there will be 100+. That is what is really being proposed. Personal Objections . The driveway points directly into my front window and is adjacent to my driveway. It's hard enoug'h to get out without the introduction of a new major traffic source. I don't want lights in my front windows all night. I can only speculate on car horns, stereos, people shouting and talking; it's possible to sleep . -' with the windows open now, I doubt if it will be when this is built. . My view will be maximum ugly. I get to look right into the garage and parking area. Surely something could be done about this. . I will take a huge hit in property value, probably in excess of $70-100,000. I saved and worked hard to get my home. To transfer its value to someone else is manifestly unfair. What can be done? . This is the wrong project for the neighborhood. Deny this project on its own merits. It is a flawed design and will have strong negative impact on its surrounding area. . Order studies to support the questions of support. Traffic, safety, utility use, drainage, access to emergency services are all real concerns. . Resolve the legal question. The city has made agreement with a previous owner of the land to allow up to 90 units on this property. Can this be challenged? I'm not a lawyer, but I think this agreement can be challenged or modified. Direct the city legal counsel to investigate legal remedies or negotiate to rescind the contract. . The neighborhood is vastly different than originally planned. The original plan and agreement are null and void (the original owner didn't follow the plan when the lots were sold helter-skelter for single family homes). . The agreement was with the original owner and not transferrable (maybe). . Development in this manner will have a significant monetary impact on long-standing residents. It amounts to a 'taking' if this development is permitted. . Services can not be supported in this area for a development this large. Impossibility is a valid reason to void a contract. . Re-zone the lots (including the one to the south) to appropriate use. R-I or R-2. Adjacent lots were just re-zoned to R-2. This reflects the nature of the neighborhood. You could re-zone and condemn my house to be a park if you wanted to, it is not impossible. . Direct that existing residents be compensated for their loss in property value and loss of use of their property. . Look at the attached low density plat proposals. These are viable alternatives which show what could be done to keep the neighborhood intact. - The Bigger Picture - what can be done . Really plan, and stick to it. Be sure that all new developments fully disclose the use of land around them. The recent Pulte development is a good example. Simply allowing big contractors to buy large plots and fill them in is not the way to go. . Is more high-density housing desirable for Hastings? It seems to be being developed in several areas right now. I don't think it is just market forces at work here. There needs to be a balance to provide' step-up opportunities in housing. . Keep apartment buildings in buffer areas. Keep them adjacent to appropriate roads and in scale with their surroundings. -' . Don't allow higher density housing to go into established areas. Ifhomes have been present in the immediate area for (e.g.) 5+ years, the residents have a right to expect consistency in their neighborhood. There needs to be a policy which protects the existing residents. Allow new neighborhoods go grow up around the high-density and commercial, rather than the other way around. Lead with it, don't follow with it. An Appeal to the Developer I've said a lot of disparaging things about this project, but it's not personal, the project is just a very bad idea. I don't think you want to be known as the company which forces itself down everyone's throat for the sake of a buck. It is much better to have the reputation of a company concerned with quality and value. There are good alternatives in low-density housing. The existing lot could be platted into 20-24 single family home plots; the adjacent lot a dozen more. There is a great opportunity to complete a desirable, upscale neighborhood with houses the owners would be proud to have, and neighbors the neighborhood would be glad to welcome. I don't know the price of the lot involved, but I would think that a profit of 1 Ok per lot and a profit of 25k per house is probably in line. Over 24 houses that's 850k profit, that and the valuable intangible of doing the right thing. - - ,I,_____~.. L:::~.L:::1 J: ::::- t_-_--,:::I: ::~J,^"T:W~~~\T~N' ~: R''''D-~----___-L. \ r I .F~"'-F1IW:F\.v V Iii: ----_____... __ ... .. .1 .. II " " " .1 lIt .1 " " ..~ I". '..-. I I I I , I , I , , . ) 8 (j I I , I I . f ' , . , \ I ' / ' -------.-M.r-----.~. .. .. ---------+-r , .--~ , --...:c::1.w\ .'. ." Note: Map is out of date, approximately from 1994. Virtually all lots are filled except subject property. - " "'" . ,.' I , I . I i I ~ . I I I , I , I , I . .,..... ., ~ .... J\ j . r K 7\.. j Letters indicate position and direction that photos illustrate. - -, -' A) Whispering Lane. View towards south and proposed driveway. Note curve and downward slope. '- -' B) Whispering Lane. View towards Crestview Drive. Curved and sloped C) Comer of Whispering Lane and Crestview Drive, towards Whispering Lane and Featherstone Drive and 2nd driveway.. -, D) View from 275 Whispering Lane towards proposed driveway and garages. '- -' E) Comer of Whispering Lane and Crestview Drive towards Crestview Drive. F) Comer of Whispering Lane and Crestview down Whispering Lane ----.....-- G) Whispering Lane towards Featherstone. View towards 2nd proposed driveway. '. -' H) Comer of Whispering Lane and Crestview Drive towards proj ect I) Crestview Drive towards Whispering Lane towards proj ect :iJ'~ J) View up Whispering Lane towards project. Note upward slope. ... -' K) View towards project and comer of Whispering Lane and Crestview L) View towards project and Summit Point Drive ~ ~ NW. cor. of NW1/4 of NE1/4. Sec. 29. Twp. 115, Rge. 17 ~N. 11ne of ~ (DaKota County Cast Iron MonumeRt Found In Place.) --------- --- L3 !40T~; . -1275.62 !3 r:- FIt1ST L-- I I o o I I I I S. 11n . of N.Wl FIRST. STREET I I I "" <;\, ~g , . ~r- ig '31f .0 }-- I :Ji 01 !, ,I -N o W o Z " <x: " ~ ...J ~ 3=. 60 W . . '<f g.C,!) g""l' ?'Jo Z o~ "'fo _ 0 '>1" .....1"Ja:: l'J..-t '0 W '0 o a.. 0 z C/) '" I :r: T I ~3=- 277.03- ..J !3 ;; PO INT AT fit RII UNE O"F I I I J(J ~ IX) ID OJ ~ "' - ~ 0 W % 0 ~ 0 a o o~ .;1"..'" . ~ ;::; om '" ON % I ~ z a 1 N -= I ,,; I I I :3 r ., " 1 - 'l .~ \\.. . ",. .Ii> '" ~ ~ I - % J .. 5 \:f 0- ~ . '" 0 u . ~ ~- ~~ ~ ..= !i"." I- C = . a ~~ N ~ a '. N I 1'0 iL ~ .. . C U 0 o " "'= C . a ....'" - ~ C ... a x;; ~ at: ~ ~ _u ~ "',., z ~ C ~ = a a U ~ ~ a.. u ~ S 8S'53'51'W 439.65 I !\ o o SCHUMACH~::F~ .<' oi ~ ~ ::SHD .t.:\Df)~'r!C:f.j ~I EXEPTION ... ;.. ~ ~ NW-, cor. of NWl/4 of NEl/4, Sec. 29. Twp. 115. Rge. l't~ N. 1 fne of III (Dakota County Cast Iron Mo=t==ac..) I 1r'-'~ __ L2 ,- L3 I~''': i~' . ~ 275.62- re 24~ L-- FIHST 1;10.-00 I I o o " " " I ~ ~ FIRST, STREET o o w z <x: --l " " " 3: 60 UJ . . ~ ~.(!) ~ ~ . 0 z o. "<tiij - ~"q ~ c::: ~ '0 w '0 o a.. 0 ~ !I' :r: I ~3: - I -' ~ 11. POINT AT A RIG UNE Q"F s. line "of NW1. I 1 " 1 J(J ~ IX) IX) OJ ~ "' - ~ 0 W % 5' - ,0 a 00 ~.. ". ~ - om ~ ' '" ON % . " - z I a 'I N I I: cr c - ,,; r <\ - ~ .- ~ .,; ~ u . ~ ~- ~~ ~ ..= ~""=', I- C = - a "'... N <-' U C N N E '" = C . a ~:E - C ~ I ... a % ;; ~ ~\ a ~ ~ ~ ~ _u .. ~ ~-? oi ~ 0 ~ - = ? a a u ~I .: ~ o+-' J If c. S 8S'53'51"W 439.65 SC.'r\UM_L~C1'1E:F 3HD f.\DD;T10~."j F\( FPTION " -' _.~ --NW. cor. of NW1/4 of NE1/4, Sec. 29. Twp. 115, Rge. 17 (Dakota County Cast Iron MonumeAt Found In Place.) ~N' line of N\oI1/4 of HE1/4 _____ HE. cor. of NW1/4 of HE ---- -------- . L2 - L3 !40"i"H ~'Ti:.};::i=~ L.' _ .. '>J'~ :eo fiN I -- --275.62__ -- OJ 0,____ ,-....,-...- ---2.2.3100- ...J L2:3 I ('J 24:3 1-1:-(.;:. ; . -- 72 60" ---- L- ! J . I' I FIRST. STREET 60.00 J I J :10 "0 W 2, <1:1 ~ ~ ~ ~ j ~I?~~ ~-1~! ~l 3: 3: 60 UJ ~g ~ ... 0 0 ;. I 0 t'I) ~.C!) ~ t'I) o 1-" 10 - - 0 Z 0_ o 7 10 0 'Q' 0 _ 0 1# 0 17 0 T1 [I] 0::: ro ~ --It '0 '0 w 0 1-\ 0 0 a.. 0 :J i {f) (j') 01 ) :c !' I "" 'I J re>- -N ~ ~ ... o o J( POINT 91"00 FEET (AS MEAs..UR.EC' AT' A RI GHT ANGLE) WEST OF TH'E 'EAS ...." UHf OF SAI'D: N.W. 1'04 OF THE N.E~ 1 1 1 72.6 S. line of N. 3'~.6o ft, . of NW1/4 of NEI!4; ---N 89'43'3S'''E 871.3 11-- ~I ~ :gl 0) >'3 J" '-'" ?-. ')., 6 ; "' o o o 00 . ~ om o~ T i ~ I I I I (. 1_- I-- I " l '- 17 1(. (0 101 15 -ca;--.d...1 -,-. . 'l.l1J. ':'....'1'... S 't /. .t, I 1 :; '- \ -- 6 15 5 f/ :- " -407. 5 'I J5 8 't (0 (I. S 89'53'51"W 439.65 > ; , , , , , , , , I Jr o. o o o o o ~ , I EXEPTION ~::;CHur'-.Ai~CHE::F~ 0 0 1 - l ~ f m ? . 0 '0 0 .. N . " .jr~l..: /i.!)D1TiCf) , NOATH LINE OF THE SOUTH 33' r OF THE NW 1/4 OF THE,NE !/4 _if- _~___-L~:=W~G~ :\ ~ ~ '.'......{. __ If'! -:-6<44 61-- If"':' i:,~:\ __....J .. . ,., ---N'eS'53'51'E ~ ------------; APPILG.y.. c....."f ,:>('t..A.. 7~{ IC e~' !~~~,! 3c.1''I8 / ",,!,' r--~- / . 4.. . I ";ro"._... ot,,..,.a. -~ - -NW. cor. of 141011/4 of NEl/4, Sec. 29 Twp 115 Rge 17 (Dakota Caunty Cast Iron MonumeRt F~und in Pl~ce.)' ~H. line of ~Wl/4 of HE1/4 __ NE. car. of NW1/4 of NEl/~ ------- --------- L2 . L3 !4GTH ~Ti:.};::i=T ~, ~ I -- . _275.62 - 01 0 ,____ .-....,-...- _":"'_22:510~=-~~-'- ...J L2~ I 1\1 24~ L- I I-!t'~.;:. i . J 72.60j I FIRST STREET 60,." i I ! :10 '0 w 0 <t[ c: 0 z ~ I \ '" '" <( '" ~.!o' ~ ~ -' ~ \ c?'13: 3. 60 W, o :R. '" s o ~g 0 ... g'(!:I 0;' o .' 10 ~ ?1 0 z ~ ~ o "i-- 10 0 'q' 0 - 0 o;r ro'r-o.ll'1 -1"1 a:: . ~ I \0.111 \[ a ~ ..--. ..J\ '0 . W 0 }-l 0 g a.. 0 :J! (f) '" 01 ~ -I II re3: - I : I ~ ~ , ; Jl. POINT 911.00 FEET (AS MEA5..UA,ED' AT J,. RIGHT ANGLE) WEST O'F TH'E 'EA$,t; UNE O'F SAI'O:N;W. 1/4 OF THE H.E~ 1.f~ -' S. line of N. 3'33.00 ft. . of NW1/4 of NE1/4; ---N ~8'43'36'''E 871 .38 . ~~ ON O. 3 .m 4 . . ON 0.- .. .' 95; 00--. ...--_121.00 I'" N~ . . 5 g.~ 6 , -. ' F - z 1 -c13~1 ! 0 t I,U' ..., -C2;--""J ' -r-.. J, 1: I I '" ">=- I ......' "f . . o .. N J t 7 L '3 ... 407.6 .5 Of :3 <!- 4 10 H. Ii' ~ ~ ~ S 89'53'51"W 439.85 J J j\ .~ > N ~ ; 0 . , ? , 0 , ,0 , 0 , , 0 , . ~ I I SCHUr~A,L~CHE:F~ . o - ~ :~.F~D .f::::DDjT\O!',j , ;" o . o EXEPTION o o , NORTH LINE OF THE SOUTH 33' r OF THE NW 1/4 OF THE,/'I.E 1/4 JL ___--~~~W~G~ ~l . ',,,~,:,~' - - r<'I _ _ 6.4<1 61- "t': 10.. ~.~ I --...... .. . __;., . . . '___N'a9'53'S1'E 1323.66 . -----------~ r---- \ . /~:{/ ~:r / - . , ,\ FC:UHTH '-= 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: to ~~~ U::tl(; Legal Description of Property: lOT '2. 'f:>Loc...K l W\I..LV')I^~ l~r^OOlno\IJ Applicant: Name Address Owner (If different from Applicant): L^'Vt2.GIlICb P.::UILOeQ'::, 1f.lC. Name IIl~ ~.F~'jt~ \>D. Ad'~ ~~X\f~~5~~~ Ph~~~ DE.UI ~{; U?I@AA~U. ('<W\ Email Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicable): {2G~r:?i ~';5P\.~^~ ~fZ. '2. ~c::.~ ~IU'r LOt OL1.IAJIO P::i \.)1 \.) 1&e.JTI::IL' h-:: f?V IL OIIUG '=> . . Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat x Site Plan x TOTAL: Signature of Applicant Note: All fees and escrow amounts due at time of application, $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f,: $1500 (Engineering) - 5,000 - 10,000 sJ,: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f,: $3250 ($750 Planning + $2500 Engineering) - 50,000 sJ, +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Date Signature of Owner Date _1:k.1'IC IJ :\ L r r ")("eJ-1,U,:..... ~ /2 '7 /0'-1 I I and Title - Please Print Owner Name - Please Print i; e.1 . Official se Only , File# VJ04 -2-1 Fee Paid -wit.-;) 00 , iJD --. ~. Rec'd By: It-" Receipt# f~ lif0 Date Rec'd LilY/I ()~ App, Complete 412312003 VIII-B-5 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: August 2, 2004 Resolution - Final Plat #2003-56 - South Oaks of Hastings 3rd Addition - Greg Jablonske Subject: REQUEST Greg Jablonske seeks Final Plat approval of SOUTH OAKS OF HASTINGS 3RD ADDITION, a 27 lot multiple family residential subdivision generally located along South Oaks Drive between Olson Drive and Century Drive. The request was tabled at the request of the applicant at the January 5, 2004 City Council Meeting in order to examine park dedication fees. . The request has been placed back on the City Council Agenda with the adoption of the fee changes. i f\ RECOMMENDED ACTION The Planning Commission recommended unanimous approval of the request at the August 11, 2003 meeting with limited discussion subject to the conditions of the attached resolution. No one from the public spoke for or against the request at the meeting. Please see the attached minutes for further information. ATTACHMENTS . Resolution.' . Location Map . Final Plat . . Planning Commission Minutes - Aug'ust 11,2003 . Application . ~- South Oaks of Hastings 3'd Addition - Final Plat City Council Memo - August 2, 2004 Page 2 HISTORY June 23, 2003 Mr. Jablonske received letter from City of Hastings in reaards to park dedication fees. Julv 18, 2003 Partial submittal of South Oaks 3m Addition July 29, 2003 Letter faxed to Greg Jablonske citing items needed to make application complete (payment of fee and owner sianature) July 30, 2003 Remaining items submitted - application deemed complete August 4, 2003 City Council Approval of Park Dedication fee increase\Approval of South Oaks 2nd Addition . Preliminarv and Final Plat August 11 , 2003 Planning Commission Meeting - Approval of South Oaks 3rd recommended August 18, 2003 Letter received from Mr. Jablonske's attorney, David Vanney askin~ for South Oaks 3rd to be removed from the August 18 Citv Council Aaenda. August - December, 2003 Various conversations with Jablonske and Vanney reaardina application of new park dedication fees December 4, 2003 Letter faxed to Mr. Jablonske informing him of increase of park dedication rates in 2004; approval must be secured by end of the year. December 9, 2003 Telephone call made to Mr. Jablonske; confirmed he would like South Oaks 3rd placed on the December 15th agenda. December 11 , 2003 Email received from Mr. Vanney questioning the new park dedication rate as "fair and reasonable" as required by state statutes and determined through court precedence. December 15, 2003 City Council consideration of the Final Plat request. City Council tabled action to allow staff to research park dedication rates. January 5, 2004 City Council Tabled the item at the request of the aoolicant for park dedication reasons June 21, 2004 City Council adopts chanQes to park dedication fees ~ South Oaks of Hastings 3'd Addition - Final Plat City Council Memo - August 2, 2004 Page 3 BACKGROUND INFORMATION Comprehensive Plan Classification The subject property is designated U-II, Urban Residential (4-8 units per acre) in the Comprehensive Plan. The use and density is consistent with the Comprehensive Plan Zoning Classification The subject property is zoned R-3, Medium-High Density Residence\Planned Residential Development. The district allows for multiple family residential structures. The zoning is consistent with the proposed use. The original R-3 rezoning for South Oaks of Hastings was approved as a planned residential development, allowing deviations from specific zoning provisions (setbacks, lot size, etc) as well as the ability to cluster units on a portion of a property at a density equivalent to the entire parcel, in exchange for a higher level of design. Adjacent Zoning and Land Use Direction Existinq Use Zoninq Comp Plan R-3 - Med High Dens. U-II- Res (4-8) U-II- Res (4-8) U-II- Res (4-8) U-II-Res(4-8) North East South West Future Townhomes Townhomes Single Family Homes Olson Drive Single Family Homes R-3 - Med High Dens. R-3 - Med High Dens. R-3 - Med High Dens. Existing Condition The site is presently undeveloped. The majority of the site is open with little topographic relief. FINAL PLAT REVIEW Preliminary Plat Preliminary Plat approval was granted as part of South Oaks of Hastings 2nd Addition on August 4, 2003. The Final Plat is consistent with the approved Preliminary Plat. Grading, Drainage, and Erosion Control Plan The Grading, Drainage, and Erosion Control plan has been reviewed by the SDM Engineering, the City's consultant engineer. It appears minor issues remain before ,._~.._ .....J;;... South Oaks of Hastings 3'" Addition - Final Plat City Council Memo - June 21, 2004 Page 4 approval. Grading, Drainage, and Erosion Control plan approval must be obtained by the Public Works Director as a condition of Plat approval. Utilities All public utilities within right-of-ways will be completed by the City as part of a public improvement project. Utility Plans have been completed and are nearing approval. Utility plan approval must be obtained by the Public Works Director as a condition of Plat approval. Public Land Dedication The Natural Resources and Recreation Committee reviewed park dedication options with the original South Oaks of Hastings plat and recommended the following: 1) Cash in lieu of land shall be paid to satisfy Park Dedication requirements in the amount of $29,700 (27 units x $1,100 per unit) prior to the release of the Final Plat mylars for recording. Interceptor Sewer Fee The following must be paid to satisfy sewer interceptor fees: 1) Sewer Interceptor fees in the amount of $9,045 (27 units x $335 per unit) shall be paid prior to the release of the Final Plat mylars for recording. Landscape Plan The landscape plan identifies boulevard tree plantings every 50 lineal feet along right-of- ways, planted at 2.0 caliper inches. The following additions are needed to comply with minimum requirements: 1) One front yard tree is required to be planted within 10-15' of the right-of-way line. 2) Boulevard trees must be setback at least 30 feet from all intersections. Some trees on the existing plan appear to encroach within the 30 foot area. Erosion Control Problems The City has experienced problems with the builder\developer of South Oaks 1 sl Addition in maintaining silt fences, and clear access of streets during construction. Erosion control measures must be improved for the existing development, and will be closely monitored during the construction of South Oaks 3rd Addition. Site Plan Review ...... ........,- South Oaks of Hastings 3'" Addition - Final Plat City Council Memo - June 21, 2004 Page 5 Site Plan review and approval for all buildings exceeding two units must be granted by the City Council, prior to construction. Final Plat Modifications The following changes are needed on the Final Plat prior to signature of the Final Plat Mylar: 1) Street "A" must labeled on the Final Plat Mylars. Developer has proposed "Bette Lane" 2) A 20 foot drainage and utility easement must be delineated between Lots 4 and 5, Block 3. ,"<'- HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE FINAL PLAT OF SOUTH OAKS OF HASTINGS 3RD ADDITION A 27 LOT MULTIPLE FAMILY RESIDENTIAL SUBDIVISION GENERALLY LOCATED ALONG SOUTH OAKS DRIVE, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Greg Jablonske has petitioned for final plat approval of SOUTH OAKS OF HASTINGS 3RD ADDITION, a residential subdivision containing 27 multiple family lots generally located along South Oaks Drive, legally described as follows: That part of Outlot A, SOUTH OAKS OF HASTINGS 2ND ADDITION, according to the recorded plat thereof described as follows: Beginning at the southwest corner of said Outlot A; thence on an assumed bearing of North 89 degrees 59 minutes 54 seconds East, along the south line thereof, a distance of 607.71 feet; thence North 0 degrees 46 minutes 44 seconds West a distance of 211.19 feet; thence southwesterly a distance of 7.84 feet along a nontangential curve concave to the south having a radius of 374.67 feet, a central angle of 1 degree 11 minutes 58 seconds and the chord of said curve bears South 77 degrees 04 minutes 45 seconds West; thence westerly a distance of 70.88 feet along a reverse curve concave to the north having a radius of 537.71 feet, a central angel of 7 degrees 33 minutes 16 seconds and the chord of said curve bears South 80 degrees 15 minutes 20 seconds West; thence North 8 degrees 25 minutes 55 seconds West, not tangent to said curve, a distance of 23.69 feet; thence northerly a distance of 26.29 feet along a tangential curve concave to the east having a radius of 75.00 feet and a central angle of 20 degrees 05 minutes 04 seconds; thence North 11 degrees 39 minutes 09 seconds East tangent to last described curve a distance of 50.80 feet; thence North 86 degrees 52 minutes 00 seconds West a distance of 223.72 feet; thence North 85 degrees 00 minutes 00 seconds West a distance of 50.00 feet; thence northerly a distance of 4.17 feet along a nontangential curve concave to the west having a radius of 800.00 feet, a central angle of 0 degrees 17 minutes 55 seconds and the chord of said curve bears North 5 degrees 08 minutes 58 seconds East; thence North 89 degrees 37 minutes 37 seconds West, not tangent to said curve, a distance of 121.32 feet; thence North ;.".~ -......10. ~. 85 degrees 23 minutes 48 seconds West a distance of 111.08 feet to the west line of said Outlot A; thence South 14 degrees 33 minutes 22 seconds West, along said west line, a distance of 145.02 feet; thence southerly and southeasterly a distance of 130.37 feet along a tangential curve concave to the east having a radius of 297.00 feet and a central angle of 25 degrees 08 minutes 58 seconds; thence South 10 degrees 35 minutes 32 seconds East; tangent to last described curve, a distance of 46.28 feet; thence southeasterly a distance of 12.35 feet along a tangential curve concave to the east having a radius of 594.06 feet and a central angle of 1 degree llminutes 30 seconds to the point of beginning. WHEREAS, on August 11, 2003, 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 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 final plat of SOUTH OAKS OF HASTINGS 3RD ADDITION subject to the following: 1. Recording of the Final Plat of SOUTH OAKS OF HASTINGS 2ND ADDmON with Dakota County. 2. Adherence to the conditions of the South Oaks 2nd Addition Preliminary Plat 3. The following changes shall be made on the final plat mylars prior to release by the City: a. Street "A" must labeled on the Final Plat Mylars. Developer has proposed "Bette Lane b. A 20 foot drainage and utility easement must be delineated between Lots 4 and 5, Block 3. 4. 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 activities. 5. Cash in lieu of land shall be paid to satisfy Park Dedication requirements in the amount of $29,700 (27 units x $1,100 per unit) prior to the release of the Final Plat mylars for recording. 6. Sewer Interceptor fees in the amount of $9,045 (27 units x $335 per unit) shall be paid prior to the release of the Final Plat mylars for recording. 7. A landscape plan must be submitted for Planning Director approval, incorporating the following: ~ "" ,,' a. One front yard tree is required to be planted within 10-15' of the right-of-way line b. Boulevard trees must be setback at least 30 feet from all intersections 8. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 9. Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to release of the Final Plat mylars for recording. 10. The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2nd day of August, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 II ~ ,~ " ~ " , ~ , !!1. '. . I .......... ". I -.--....--..:':. l' N <$>DJDJDJmill . 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(>;; t. j-~_ hi!, ~ Q' !I~...;; "'!tI: ".- J~g ~ !I. ~ _;; g" "- ... ii' ~ 0" 0" H....au~1iI ~:.- H!L f 2. a-~:; ~t~,l,,".; of ~ 11 ~~1-!r-1I"'! ;f ~:~ ~ ~ ..I 6.;!8J!~ 1 ~!! ~ ~i, ""8~~ ~:t ~H '" ~ ...: ~n.h~~1 .f!';: !!. ltf~~~l' i; :is: f- .tj l]giftli .. ~ ~; [III:; ~ Ii 1a i 1 '~ ~:'-ph!i j i ~ '.,:m. " m" ! ,him [ ... iJ~"!' 1~ 9""~ I! :: ::....!IHi ! i !,. .t, ~ 0 _.~ , ' i "', ~ 5. Jablonske - Greg - Final Plat #2003-56 - South Oaks of Hastings 3'" Addition - South Oaks Drive. Director Hinzman presented background information on the project. Commissioner Alongi asked if 3151 Street was constructed yet. Director Hinzman stated that work had begun on the project, and it's location is visible along County Road 46. Planning Commission Action: Commissioner Twedt moved and Commissioner Hollenbeck seconded a motion to recommend approval of the final plat for South Oaks of Hastings 3rd Addition to the City Council, with the following conditions: 1) Adherence to the conditions of the South Oaks 2nd Addition Preliminary Plat 2) The following changes shall be made on the final plat mylars prior to release by the City: (a) Street "Au must be labeled on the Final Plat Mylars. Developer has proposed "Bette Lane". (b) A 20 foot drainage and utility easement must be delineated between Lots 4 and 5, Block 3. 3) 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 activities. 4) Cash in lieu of land shall be paid to satisfy Park Dedication requirements in the amount of $48,600 (27 units x $1,800 per unit) prior to the release of the Final Plat mylars for recording. 5) Sewer Interceptor fees in the amount of $8,775 (27 units x $325 per unit) shall be paid prior to the release of the Final Plat mylars for recording. 6) A landscape plan must be submitted for Planning Director approval, incorporating the following: (a) One front yard tree is required to be planted within 10-15' of the right-of-way line. (b) Boulevard trees must be setback at least 30 feet from all intersections. 7) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 8) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to release of the Final Plat mylars for recording. 9) 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. Upon vote taken: Ayes: 7, Nays: O. Motion passed. JUL-29-2003 13:54 CITY OF HASTINGS 6514377082 P.02 . D~t~ Ury If. D & (l VU JUL - S 2003 ~ By CITY OF HASTINGS - PLANNING DEPARTMENT ~ 101 4th Street East, Hastings. MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 #btoS'- ~0 Address of Property: , LAND il!J~ APPLICATION Legal Oescription of Property: See f'k+ Applicant Name Address are') T a..'o ) 0"'5 I<e Phone Fax Email ,"$1- 437-"3'00 L\~-\\L\L\ Owner (If different from Applicant): Name Address Phone Fax Email Description of Request (include $ita plan. survey, andlor plat if applicable): ~'Iv~1 Pla.+ PtPo("o-.JQ..\ o~ So'-'t1.. o".'Ks. of' ~coS.-h~~ "S r<> Pldc;i: ; 0"-' Check applicaOle box(es): ,J( Final Plllt Minor Sub. Re~one Spec.U40e Variance Annexetlon EAW Prelim Plat Sit. Plan TOTAL: Note: All fees and escrow amounts due at time of application. $600 5600 $500 5500 $260 S600 plus legei expenses $500 plus $1000 esCI'Dw 5500 plus escrow: - Under 10 acres: $30c0 ($500 Planning + $2600 Engineering) . Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) 5500 plus escrow: - 0 - 5.000 d.: $1500 (engineering) - 5.000 - 10,000 d.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 engineering) - SO,OOO s.f. +: $4000 ($1000 Planning'" $3000 Engineering) Administrative Lot Spilt Comp Plan Amendment House Move Lat Line Adjustment Vacate ROWlEasement $50 $500 $500 $50 $400 Rec'd By. -5+1':~Z.(I\--- Receipt # I (X),::j7 ~ Official Use Only , F~e'~-Sb . Fee Paid .. Z "'IV\ bOO 7/?v1'}> 1/23I20DJ Date Rec'd App. Complete ?!SrI!u] 7/~/o> - - - TOTAL P.02 l_ VIII-B-6 Memo To: From: Date: Subject: REQUEST Mayor Werner and City Council John Hinzman, Planning Director August 2, 2004 Resolution- Final Plat #2004-37 - Wallin 11th Addition - Wallin LId Partnership Wallin LId Partnership seeks Final Plat approval of Wallin 11th Addition consisting of two outlots and right-of-way. The plat allows for construction of Fallbrooke Drive and Fallbrooke Court, between General Sieben Drive and Greystone Road. No buildable lots would be created through this subdivision. The outlots must be replatted as individual lots of record prior to building construction. RECOMMENDED ACTION The Planning Commission voted 6-1 (Truax dissenting) to recommend approval of the request at the July 26,2004 meeting with limited discussion. No one from the public spoke for or against the proposal. ATTACHMENTS . Resolution · Location Map . Final Plat . Application BACKGROUND INFORMATION Comprehensive Plan Classification The property is guided U-I, Urban Residential (1-3 units per acre). Zoning Classification The property is zoned R-1 - Low Density Residence. Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South Existina Use Single Family Res. Single Family Res. Vacant Future Single Family Vacant Future Single Family Zonina R-1 - Low Density R-1 - Low Density Comp Plan U-1 (1-3 units) U-1 (1-3 units) R-1 - Low Density U-1 (1-3 units) U-1 (1-3 units) West R-1 - Low Density Existing Condition The existing site is vacant. Proposed Condition Fallbrooke Drive an Fallbrooke Court would be constructed between General Sieben Drive and Greystone Road. No building construction would take place at this time. FINAL PLAT REVIEW Preliminary Plat Preliminary Plat approval was granted by the City Council on July 8, 2002. The Final Plat is consistent with the Preliminary Plat. Grading, Drainage, and Erosion Control Plan The Grading, Drainage, and Erosion Control Plan have been submitted to the City's consultant engineer for review and approval. Utilities The Utility Plan has been submitted to the City's consultant engineer for review and approval. r Public Land Dedication Public land dedication has been previously satisfied. Sewer Interceptor Fees Sewer Interceptor Fees have been previously satisfied. '- ~ '--- Wallin 11'h Addition Final Plat Planning Commission Memo - July 26, 2004 Page 3 RECOMMENDED ACTION Approval of the final plat of WALLIN 11TH ADDITION to the City Council, subject to the following conditions: 1) Adherence to the Preliminary Plat and Master Development Agreement as approved by the City Council on July 8, 2002. , '-- HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE FINAL PLAT OF WALLIN 11TH ADDITION CONSISTING OF RIGHT-OF-WAY AND OUTLOTS LOCATED ALONG FUTURE FALLBROOKE DRIVE BETWEEN GENERAL SIEBEN DRIVE AND GREYSTONE ROAD Council member moved its adoption: introduced the following Resolution and WHEREAS, Wallin Limited Partnership. has petitioned for final plat approval ofW AlLlN 11 TH ADDmON to subdivide +/- 15.22 acres into two outlots and right-of-way. The property is generally along future Fallbrooke Drive between General Sieben Drive, and Greystone Road; legally described as Outlot I, W AU1N 10TH ADDmON, Dakota County, Minnesota; and WHEREAS, on July 8, 2002 The City Council approved the Preliminary Plat, and Master Development Agreement of said property, subject to the conditions of the Staff Memorandum to the City Council; and WHEREAS, on July 26, 2004, the Planning Commission of the City of Hastings reviewed the Pinal Plat, as required by state law, city charter and city ordinance, and forwards to the City Council a recommendation of approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the final plat of W AlLlN 11TH ADDITION subject to the following condition: 1) Adherence to the Preliminary Plat and Master Development Agreement as approved by the City Council on July 8, 2002. ,---- Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: Michael D. Wemer, 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 2nd day of August, 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) 10 1 4th St. East Hastings, MN 55033 I . 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I ':. ~1: i IjJ:. ;11j} 1'''1 filii IhJ-,'l I', J ,Ir' ir" I! "if! II ,j if..! Ii i f'J" I h~!F i J ~!"H i II P!!i ,!J;! 1:/., mi! i ,I iF !! !' :1 ji! !Hi ill I',.i t! II! ~ m if! !;, I"~ I'il >1 I "1<<. 'I I U "IJ ! l .:-lO"l c "r !I i/f!!'h , I.! I I' ii' II'I!J Ii ! '! il'! ' 11 Ililh 1! I .. "',' ,. '/ ~i !II! !I ! "', I' 1[' I II! . ,I ,'1 Ii 'I' .1 'I F r [I J, ".. h' Ii eo :1 " '! " ~~, ~ )> r r Z -" -" -..j :r: )> o o -..j o z :E: )> r ~g r "c' )> Z '0 $-< ;0 "- ;> C'l )> r", ...... . (I) ...... 1\ If \ ~-I hI I '- )> 0 \ 0 --,j 0 Z -- GE~~EF~;"~. S:::::aEN DR:'.';:: -+- - . o~~ 00 ~~~ >'>> rrr ". a!g~ * ...... g5~ ~.Ka : ,~ , ; .i 1* ~> ~ :e~~ .. >>" 'D :dg a ~-g >!"<; I ~.. Ii "" ~o II 00 ", -, 'j ~ I! Ii , 11: d{xJLI- s7 LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 AddressofProperty:_F;"'LL-e:,eoO~L 'DRIVE. A/'vID FA.u.BRoa~ C.cuR, . 11. Legal Description of Property: \N ALL I N\ I - A. 'D"D J n {) N Applicant: , Name WALLIN LTD. B9a.nvJ.I?SHI P Address 4'12:,1.1- wc.sr~.II.1".! t?o~i> M-"..,"". MN. SEB>f!!> PhoneC95~) q 3? - 1"2> ~ t Fax ." .., 'w' Email Owner (If different from Applicant): Name Address Phone Fax Email Check applicable box(es): Note: All fees and escrow amounts due at time of application. b () 0 Final Plat $600 Administrative Lot Split $50 Minor Sub. $500 Camp Plan Amendment $500 Rezone $500 House Move $500 Spec. Use $500 Lot Line Adjustment $50 Variance $250 Vacate ROW/Easement $400 Annexation $500 plus legal expenses EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) Site Plan $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 - 10,000 s.t.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) TOTAL: .. ~OO ~i~n~ture of APplicant , Date 7- 1- t) f ~ rt<..w~ ~"b;::J~ Applicant Name and Title - Please Print Signature Qf..Owner , Date 7- /- t:f- A.~ 4><., vva...t.4.:.. ~r..L~-~~'Y' Owner Name - Please Print . WALt-IN LT,P, P,4(.<TNCJa$!J./(> WA,I-L IN LT'lJ. P~'1N!I2S/Jo1 P Official Use Only File# Q1~-P Fee Paid..b i'11:J Rec'd By: (} te; Receipt # fd,l:d?"~ Date Rec'd '7 - /- (J~L App. Complete 7~ - oct' 04/23/2003 ---,.._~ VIII-B-7 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: August2,2004 Subject: RESOLUTION - Regina Medical Center Addition - Preliminary and Final Plat #2004-34 - East of Pleasant Dr between Nininger Rd and 1 sl St W. REQUEST Regina Medical Center seeks Preliminaryl Final Plat approval of Regina Medical Center Addition located on 13.09 acres on the east side of Pleasant Dr, between Nininger Rd and 1 sl St W. The request involves the platting of one lot and two outlots. RECOMMENDATION The Planning Commission reviewed this item at their July 261h meeting. No one from the public spoke for or against the plat. The Planning Commission questioned the need for a playground/park in the area, and Staff stated that their comments would be passed onto the NRRC. The Commission unanimously recommended approval of the plat with the conditions included in the attached resolution. Staff recommends approval of the Preliminary and Final Plat with the conditions included in the resolution. Because the NRRC will not have a chance to review this item until their August 10th meeting, Staff is recommending that the City Council approve the attached resolution, which includes the condition that the issue of park dedication will be reviewed by the NRRC and their recommendation passed on to the City Council for final approval. This will allow Regina to prepare their final plat documents, and Planning will bring forward the NRRC recommendation for Council's approval at the August 16th meeting. BACKGROUND INFORMATION History The property is currently platted as Outlot A of the Regina Memorial Addition. Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided P - Public. ,_..~-_. Regina Medical Center Addition Preliminary and Final Plat City Council Memo - August 2, 2004 Page 2 Zoning Classification The Plan is consistent with the Zoning Ordinance. The property is zoned P-I - Public Institution. Adjacent Zoning and Land Use The following land uses abut the property: Direction ExistinQ Use North Nininger Rd (Cty. Rd. 42) Single Family HomeA - Agriculture R-Rural Regina Medical Center P-I - Public Institution P - Public Vacant A - Agriculture U-I Urb. Res Featherstone Pond Basin P-I - Public Institution P - Public Single Family Homes R-3 Med High Dens Res U-II Urb Res Existing Condition The land is currently vacant and undeveloped. A driveway crosses the property to provide access from Pleasant Drive to Regina Medical Center. Proposed Condition The Plat includes one lot and two outlots. Outlot A incorporates the driveway access to Pleasant Drive. The area north of the driveway is proposed to be Outlot B, while the area south of the driveway will be Lot 1, Block 1.lt is Staffs understanding that the future YMCA is intended to be located on Lot 1 of this development. ZoninQ Comp Plan East South West PRELIMINARY AND FINAL PLAT REVIEW Access and Circulation Lot 1, Block 1 will be limited to access from Outlot A only. Outlot A currently contains a driveway access between Pleasant Drive and Regina Medical Center's parking lot. Pleasant Drive is a major collector street and the City has worked to minimize direct access. Outlots Two outlots are included for future development. Outlot B must be replatted prior to any development. Site Plan Review Any construction on site will be subject to Site Plan Approval by the Planning Commission and City Council prior to construction. ",. ,...-,-.---- ,- '-''''''''--'-~'-'-~'-'-'-~-'''-'''-'-'~- Regina Medical Center Addition Preliminary and Final Plat City Council Memo - August 2, 2004 Page 3 Pedestrian Access and Circulation Access to Lot 1, Block 1 will be via the driveway access that currently exists on site. This access currently connects with the existing Regina Medical Center parking lot. Grading, Drainage, Erosion Control, and Utility Plan There are no Grading, Drainage, Erosion Control, and Utility Plans as a part of this plat. Site grading and utility work will be reviewed at the time of any site plan reviews. Park Dedication The Natural Resources and Recreation Committee will review the following plat and make a recommendation to the City Council. City Ordinance allows for either 10% of land to be dedicated or cash in lieu at a rate of $1,500.00 per gross acre. The park dedication would apply only to Lot 1, Block 1. Per the Parks and Recreation Director, it is anticipated that the NRRC will recommend that cash in lieu of land be taken, which would be $8,505. Sewer Interceptor Fees Per City Ordinance, a condition of this plat approval shall be that the applicant must pay interceptor sewer charges. For Commercial uses such as this, the rate is 6 units per acre, which calculates out to 34 units. The rate is $335 per unit, for a total of $11,390. ATTACHMENTS · Location Map · Preliminary Plat/Final Plat . Application , - ~ ~ ""----- - -- - HASTINGS CITY COUNCIL RESOLUTION NO. 08-_-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE FINAL PLAT OF REGINA MEDICAL CENTER ADDITION WHEREAS, Regina Medical Center has requested approval for the final plat of REGINA MEDICAL CENTER ADDITION, a subdivision consisting of 1 lot and two outlots on property legally described as Outlot A, REGINA MEMORIAL ADDITION, Dakota County, Minnesota; and WHEREAS, on July 26, 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 AS FOLLOWS: The Final Plat of REGINA MEDICAL CENTER ADDITION is approved subject to the following conditions: 1) Development of the platted outlots shall be prohibited until replatted as lots of record. 2) Any construction on Lot 1, Block 1 will be subject to Site Plan by the Planning Commission and City Council prior to construction. 3) Access to Lot 1, Block 1, may only be gained from Outlot A. 4) That a utility access easement be placed over the existing storm, sanitary, and water mains that cross Lot 1, Block 1. The easement shall be 45' in width and centered over the mains. 5) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. , , " , ",'",";"-'~"',~.". 6) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 7) 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. 8) At the discretion of the Planning Director, execution of a development agreement to memorialize the conditions of the plat. 9) Satisfaction of park dedication requirements as recommended by the NRRC and approved by City Council prior to release of final plat mylars. 1 O)Payment of $11 ,390 in sewer interceptor fees prior to release of final plat mylars. 11 )Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 12)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. Adopted by the Hastings City Council on August 2, 2004 by the following vote: Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative AssistanUCity 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 August 2, 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 (KKJ) 101 4th St. East Hastings, MN 55033 t ~ ,-.,,-,-...--.--.--------- -C cao..... CJ._ ca -- .... - "C .- a. CD~_ :i<c~ ca L.,.- CCI)LL .- ..... Ci5 tnCL., ~~D.. ~ ~ z.~ t N ::= ....J >- ~ :J en ., i II '0 ~ tI) c:: ~ {j a; Q) "5 ~ ~ C)mD::a. Q) -I t... 0 '> ..... -....-.. ~ '--- #. . ~ . cau'i QI'<>= ~.s.!! Co '-"...'.,".",,,,,,.'M . 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",,- ::".," :..~-,.'. ! i"_,:._~\;,, .,,:\-.',\,~.,. LAND USE APPLICATION jf1(N 0,i>hrJ t+iN 2-fr,~N (; ,'+y ff/LL.- CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651:480.2350 Fax: 651:437.7082 Address of Property: / /75 f\I;n irlqe.-v Ro~ cI Legal Description of Property: ()~i-/(!) f A / f?t2-cjil'JQ /J1el'l'lOY't"a/ f)jd Applicant: Name Address Phone Fax Email () .J Owner (If differenM hPlicant): (;~nTev Name II" a.d Address 3 Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicab~: f pV',p~ I i V"1 " VOL q V' J q.... ~'1/1 Q / r/Q. Check applicable box(es): Note: All fees and escrow amounts due at time of application. x Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Signature of ~PBlicant ~f).~ $600 $500 $500 $500 $250 $500 plus legal 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.f. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Date Signature of Owner Date &/ 'JJ-(Oi ~plicant Name and Title.. Please Print 1<E:bif"1r ME-biun. C~e M 41./<: I). l/Ji~5r.>rJ . CW , Owner Name.. Please Print Official Use Only -"I- File # !?Lv:}' 7r Fee Paid Cc{>/oCtJ .~ Rec'd By: tf~ Receipt # 4/23/2003 Date Rec'd App. Complete "---. ._. MEMORANDUM VIII-C-l TO: FROM: DATE: SUBJECT: Honorable Mayor and City Council members Dave Osberg, City Administrator July 29, 2004 Authorize Advertisement and Hiring of IT Staff Person Recommended City Council Action The City Council is asked to take action authorizing the advertisement and hiring of an Information Technology Department staff person to assist the current IT Director Steph Nornes, with Staff granted certain flexibility in determining the employment status (part time or full time), based on the number and quality of candidates who become available. Backaround Prior budget allocations in 2003 and 2004 have included funding for a Yo time Staff person in the IT Department. A part time person worked for the City for a short period of time in late 2003; and early 2004 but did not successfully complete the probationary period. Recent efforts to advertise and recruit for the same Yo time position were unsuccessful, as the pool of candidates to meet our needs, and yet remain at part-time status, was not acceptable. The Yo position remains vacant, yet the work demands placed on our current IT Director Steph Nornes, remain extremely high. Furthermore, the City's need for IT support staff has also surpassed what a part time position could provide. In May, 2004 the Administrative Committee conducted a brief discussion on this topic and suggested that consideration be given to hiring an intern. Due to the staff oversight and training needed for internship programs, Staff feels we would be taking a step backward step in seeking to meet the growing demands on the City's IT Department, and not recommend such a program. Furthermore, the availability of such a program is limited. Currently, Steph Nornes is the only employee in the City IT Department. Tasks that Steph completes consist entirely of responding to requests for service, such as; recommendations, purchases, configurations and installations, troubleshooting and repair, instructional questions, performing scheduled tasks (record systems management for the Police Department and web site maintenance.) Failure to provide additional staffing support will continue this trend of responding to problems, rather than completing tasks in a more proactive manner; resulting in the IT Department falling further behind. Network maintenance needs attention; service calls are delayed and system improvements are delayed. I '-- Many new projects that Steph has identified would become more a reality with additional staff support: on-line bill payment; on-line project management for City Departments; informational kiosks; City intranet development; employee training on all software and hardware systems; records management and imaging training; administrative management reporting on email and internet usage; computerized processing of departmental budget management; newsletter; and paperless City forms. The following are examples of the many potential problems that could be faced in the City's network systems, should current staffing shortages continue: Backups: Data back up processes need to be monitored, which is often not done on a regular basis due to time constraints. The backup jobs could potentially fail, which may not be readily apparent without monitoring. To recreate lost data, the cost to the City in employee hours could be enormous; which assumes the data could be recreated at all. Servers: Network components, and especially servers, need to be monitored for hardware and software problems to guard against escalating problems. Currently, time does not allow proper monitoring. It would be entirely possible for one or more servers to crash and be out of commission for several days. For many, if not most employees, inability to work on their server means significant loss of productivity. Data: Due to a wide variety of potential system failures, crucial data on the servers could become corrupted. Efforts to repair, or worse yet, to recreate date could again be a major cost to the City in employee hours. Security: System security against "invaders" is possibly the most threatening scenario of all for networks. Many hackers continue to invent new and stealth methods of damaging or destroying network systems and data. The patches required on a constant basis to keep up with the developing vulnerabilities is by far the most numerous and time consuming of all of the updating that is necessary in a network. Another consideration that is equally important is the human toll that will continue should Staff support be unavailable. Staff is asking for some flexibility as we advertise, recruit and ultimately hire a new Staff person. As stated previously, funds have been allocated for a part time position, which has remained vacant since early 2004. Recruitment efforts for a new part time person were not successful. Thus, the approach Staff is proposing would result in an advertisement and recruitment process that leaves open the possibility of hiring either a part time person (with or with out benefits, which are "triggered" with an average 30 hour work week); or a full time regular employee. The ultimate decision would be based on the pool of candidates, those most qualified, and their current situation; all with the intent of matching the best candidates situation with the City's situation and need for an additional Staff person. We need to get someone here as soon as possible, as this flexibility would be advantageous as the process of advertising and hiring is started. I lm Financial considerations of the request are as follows: Approved Start Rate (full or part time) 2004 Funds available: Prior Year Funds: Total Currently Available: $20.23/hour $20,797 $ 9,000 $29,797 Thus, sufficient funds are available for the balance of 2004, with the remaining funds allocating in the 2005 Budget, based on the hiring level as completed, later, whether full or part time. David M. Osberg City Administrator t- , '--~. VIII-C-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator July 29, 2004 Proposal for Consulting Engineering Services Relating to City Dock Recommended City Council Action It is recommended that the City Council take action authorizing the utilization of Polaris Group to assist with the preparation of a feasibility study, preliminary design and permitting for the City's public dock project, in an amount projected at about $4,400. Backaround At the March 15, 2004 meeting, City Council action was taken authorizing the submittal of an application to the Army Corps of Engineers for construction of public docks in the Mississippi River. The application to the ACOE was submitted on Friday March 19, 2004. Since that time, Staff has had a series of communications with the ACOE Staff regarding the status of the application. Recent discussions on July 27, 2004 with their Staff suggest that by the week of August 2 a letter will be distributed illustrating a general permit approval, with some additional work that will likely be necessary. This additional work may include more detailed design work, a mussel survey and certain issues to address relating to navigation safety. Until actual receipt of the letter, the exact contents are unknown. At the same time that communications have taken place with the ACOE, I have spoken with a recommended engineering company regarding their ability to assist with certain permitting processes and also design work. Enclosed in the packet is information that has been received from Mr. Joel Toso from the Polaris Group. Not only is their information regarding the company and certainly similar work that has been completed, but you will also find the proposal that has been submitted, specific to the City's project. Upon review of the proposal, you will note that Staff is seeking the authority to hire the Polaris group for Phase I only, which is described briefly as: "feasibility study, preliminary design and phasing" at a cost of "approximately $4,400." As additional work is needed, based on the final permitting process, scope of work and the associated fees would be addresse and approved by the City Council. -:-.................- L. . Profile of Polaris Group Prepared for . Cit.y of nastin,tp. MiaaesQta 101 4th Street East Hastings, MN 55033-1955 651-480-2a50 Fax: 651-4a7 -1082 1'1. ".If .,. ~.i.~'ii,o ,t.: t~,:'.' : . ..,.If.::..... ,"'. . , ~~~:~ 'w :~.:.::" _: .~,.~~ '. .~. ,... .':"::~ire-"- .,.... Submitted by: * teOL"'" GROUP June 9, 2004 Profile of Polaris Group Polaris Group was founded in 1997 as a civil and water resources engineering consulting firm. Coming from a large regional consulting firm, our founding principals recognize that our clients require the technical expertise found at large firms, but also desire the personal service and more competitive pricing of a smaller firm. Our mission is to provide specialty services in water resources while providing high-quality personal service in a price-competitive manner. We take pride in our work, and satisfaction in helping our clients achieve their goals. We believe in hands-on management and participation in projects by our most experienced staff. Our principals have between 17 and 20 years of hands-on experience in the engineering consulting business. Our clients have come to appreciate the experience and value Polaris Group provides. Our primary service area is water resources engineering including: o Hydrologic and hydraulic studies o Storm water management o One- and two-dimensional modeling o Stream and river engineering o Water front structures and developments, marinas o Flood studies and floodplain management o Water supply, distribution, and wells o Pipelines and channels o Dams o Intakes and spillways o Pumps and turbines o Flow measurements in pipes, streams, and tunnels o Grading and drainage o Site development o Erosion control o Federal, state, and local permitting o Design, construction drawings, and contract documents o CADD/ GIS o Wetland delineation, classification, and identification o Wetland replacement plan preparation and permitting o Wetland mitigation design and monitoring o Wetland banking o Wetland functional and value assessments Polaris Group is located in Bloomington, Minnesota and currently has eight engineers/scientists. Office Location: Polaris Group Inc. 8009 34th Avenue South, Suite 125 Bloomington, MN 55435 Contact: Joel W. Toso, PhD., P.E. Emai1: itoso(aJ.Dolarisl!\.ouDinc.com Direct line: 952-881-0350 Fax: (952) 881-0023 Phone: (952) 881-0878 ..........-... Prairie Island Marina Prior to starting Polaris Group, Joel Toso, while employed by another company, provided consulting engineering services related to establishing the Prairie Island Marina on the Mississippi River near Red Wing, Minnesota. Services included: preparing permit applications to the Corps of Engineers and the MnDNR; hydraulic dredging considerations; water quality considerations; anchoring for the marina; plans and specifications for the marina construction; ice/debris barrier design; marina deicing design; and contract administration. The following project tasks were completed by Polaris Group. Project Tasks: - 2-dimensional modeling of Sturgeon Lake and Buffalo Slough segments of Mississippi River - Measure inflow into Sturgeon Lake from Buffalo Slough - Observe flow patterns in upper reach of Sturgeon lake - Model jetti alternatives to minimize debris and sedimentation and wave impacts to Marina - Allow for potential future slip expansion and determine optimum location for boat launch Project Description: The Prairie Island Marina, along the Mississippi River, had problems with sediment deposition, debris accumulation, and waves. In addition, the marina wanted to enhance the general operation of the Marina and expand the number of slips. Polaris Group used a 2-dimensional hydrodynamic model of the River to review the existing problems and to develop corrective alternatives. The modeling reviewed the flow conditions into the marina area (Sturgeon Lake) from the upstream Buffalo Slough. The model also evaluated the effectiveness of various jetti alternatives and was used to design these systems. An upstream jetti was designed to control debris. A downstream jetti was used to minimize wave impacts on the docks. This work involved field investigation and field measurement of flows for model calibration. Two Dimensional Hydrodynamic Modeling Pool 3 Mississippi River - - ":'''-.~-'~' ~'- ,.~\".1>"'" ''';'\'/'':'1~1 \,;';';,:::>',;"\ ;>iA Project Tasks: - 2-dimensional modeling of Mississippi River - Modify RMA -2 grid to permit modeling of nine alternatives - Assess effectiveness of each alternative Project Description: The Modeling of Pool 3 of the Mississippi river near Hastings, Minnesota involved the use of a 2-dimensional hydrodynamic model to assess the effectiveness of three different alternatives at each of three widely separated locations within the pool. The focus of the project was: reduce the amount of dredging necessary in the lower pool by promoting sediment transport through the reach; improve the outdraft cond~ions experienced by boats just downstream of Lock and Dam 2 and; increase fish and wildlife habitat through improving the bathymetric diversity of the pool. Polaris Group modified the model grid developed by WEST consultants of Bellevue, Washington to incorporate the design alternatives proposed by the St. Paul District of the U. S. Army Corps of Engineers. After confirmation that the modified grid model replicated the results of the original calibrated model, Polaris Group evaluated a series of proposed in-stream modifications. Following review, Polaris Group modeled a set of final design alternatives which met the needs of the COE. ~- Power Plant Intake Modifications Modeling and Design ~ r-_ -:-\ I j~~j ~ -'::.:. ~... r.c: ---. - ~~~-:J~ ~~ -::-- ~-:j'J _ e::.::.-" ~7~-=<:...-!L -.- -- ........ ~ r- -'~- -' ~ - -- --- -- - -- Project Tasks: l~ / - Design modifications to river training structures adjacent to a power plant intake on the Minnesota River - Use 2-dimensional hydrodynamic modeling to test the effectiveness of the design - Prepare construction drawings and specifications - Assist with obtaining permits from the appropriate regulatory agencies. - Assist with construction quality control Project Description: A cooling water intake for a power plant along the Minnesota River has experienced the continued deposition of river sediments in front of the intake. The problem relates to the natural migration of the river. In order to stop the movement of the river away from the power plant, three rock spur dikes were installed along the opposite bank. These spur dikes were designed to provide a long-term benefit by re-directing the flow back toward the power plant thus insuring the intake is kept clear of sediment. Polaris Group designed an additional river training structure to create scouring velocities in front of the intake. A 2-dimensional hydrodynamic model was developed from the river bathymetry to test the effectiveness of the design. In addition, the existing HEC-2 model was updated to determine the effect of the modifications on the upstream flood stage. Polaris Group aided the client in obtaining the required permits for the work. Construction drawings and specifications were developed. To insure the structures were installed correctly, Polaris Group assisted with the construction quality control. Mississippi River Dam Modifications Design, Analysis, and Permitting ..J Project Tasks: - Design modifications to an earth dam along the Mississippi River - Perform stability analysis - Perform liquefaction analysis - Design surface water and drainage systems - FERC permitting - Develop quality control inspection plan - Prepare plan and specification preparation - Assist with construction observation and testing Project Description: The Lower St. Anthony Falls hydropower plant along the Mississippi River in Minneapolis was undermined in the 1980s. Emergency measures were implemented to construct an earth dam across the river to restore upstream river levels and barge traffic. Polaris Group recently designed dam modifications to allow the site to blend into the surrounding river and planned park development. These measures included grading and fill placement on the downstream side, seepage collection systems, and surface water control. The grading operations were performed using dredge material to minimize construction costs. Polaris Group reviewed the existing dam and performed a stability and liquefaction analysis. ARemative development plans were prepared and construction plans and specifications were completed for the selected option. The stability and liquefaction analysis, construction plans and specifications, and a quality control plan were submitted to FERC and approved. L Stream Gaging Gate and Turbine Calibration -..... "t.....14OttIIID --- Project Tasks: - Developed stage discharge relationships for several streams. - Calibrate and verify discharge rating curves for the gates and turbines for several dams and hydroelectric facililies. Project Description: As a part of a Federal Energy Regulatory Commission (FERC) re-licensing process, Polaris Group established rating curves (elevation vs discharge) for numerous stream gaging locations. These gaging stations were installed to monilor flows into and from reservoirs. The rating curves required flow measurements for a range of discharges. Standard U.S. Geological Survey methods were typically used. Polaris Group streamlined the process in a few ways. Gaging trips were coordinated between several sites to minimize field time. Where possible, a range of measurements were made at one time by regulating the flow upstream with the reservoir gates. At other locations, a weir was placed in the flow which initially blocked the discharge. Measurements were taken just after the flow started over the weir and proceeded until after the flow reached a stable level. This provided a continuous record of flows from zero to the level of flow in the stream on that day. The FERC re-licensing process also required verification of the gate and turbine discharge curves at hydroelectric facilities. Often the flow configurations made measurements difficult. Polaris Group calibrated ten different facililies using several different methods ranging from standard USGS in-stream flow measurements to acoustic doppler current profiling. Where possible, gate calibration efforts were coordinated with downstream gaging station measurements to complete two project requirements at one time. * p * G R o u p A I s R o L 8009 34T" AVENUE SOUTH . SUITE 125 . BLOOMINGTON, MN 155435 952.881.0878 . FAX: 952.881.0023 July 6, 2004 Mr. David Osberg Administrator City of Hastings 10 1 4th Street East Hastings, MN 55033-1955 Re: Proposal for Consulting Engineering Services Related to a City Dock Dear Mr. Osberg: Thank you for contacting us regarding engineering services related to establishing a City dock on the Mississippi River adjacent to the downtown area of Hastings. We look forward to the opportunity to work with you. This proposal is based on previous communication with Mark Frazer, the meeting with you on June 9th, the December 10, 2003 Hastings Public Dock Proposal, the March 19,2004 Corps of Engineers (COE) permit application by the City, our past work with flow modeling in this area, and a recent site visit. The following information outlines a proposed scope of work for your review. The selected site appears appropriate for a dock based on our recent site visit (see attached photo). We would like to meet with a City representative(s) to discuss the exact location for the dock and connection with existing walkways and park system. We have some bathymetry (water depths) in this area from the two dimensional flow model we completed for the COE. During this visit we would also verify water depths in the area selected for the dock.. Flow velocities in this area will not be a significant concern during normal flows. The erosion around the base of the cottonwood trees near the boat launch is evidence of high flow velocities during flood flows (see attached photo). These flow velocities will need to be considered in the design of the dock anchoring system. The erosion around the existing cottonwood trees may be a maintenance consideration for City park staff. The scope of work may be separated into two phases. The first phase includes a feasibility study, preliminary design, and permitting. The second includes final design, preparing bid documents, assistance with obtaining bids, and construction administration. At the present time, part of Phase I has been completed with the Hastings Public Dock Proposal and the COE permit application. We propose starting our involvement with a site visit with City staff, determining the status of the COE permit application, and moving it forward. This will include discussion with Joe Vanta and possibly providing addition information such as engineered dock plans. For the purposes of this proposal we 7~j/A/ Mr. David Osberg July 6, 2004 Page 2 00 have assumed we will need to prepare a preliminary design providing additional detail to the concept provided with the permit application. We will also determine what information will be required by the Minnesota Department of Natural Resources (MnDNR). We understand that previous discussions by Mark Frazer with the Area Hydrologist, Molly Shodeen, have indicated that an Environmental Assessment Worksheet (EA W) may be required. Mandatory EA W Categories are provided on the following State of Minnesota rules website: httD :llwww.revisor.lel!.state.mn.us/arule/44l 0/4300 .html Subpart 25 for marinas states: "For construction or expansion of a marina or harbor that results in a 20,000 or more square foot total or a 20,000 or more square foot increase of water surface area used temporarily or permanently for docks, docking, or maneuvering of watercraft, the local government unit shall be the RGU." The City dock proposed in the COE permit application shows the maximum length to be 300 feet. This would allow approximately 66 feet of water surface width for docks and maneuvering of watercraft before an EA W is mandatory. We assumed that the sale of fuel on the dock is not a consideration of the City. This may affect the EA W requirements. Another MnDNR concern is impact to flood levels. Flow modeling may be required to demonstrate that the City dock will not impact upstream 100-year flood levels. We recently completed this for a marina near the Robert Street bridge in downtown St. Paul. We will contact the Area Hydrologist to determine MnDNR permitting requirements. It is difficult to determine at this time what additional information may be required by the COE and/or MnDNR to obtain a permit. They may receive comments from other groups that will need to be addressed. The Minnesota Department of Transportation (MnlDOT), for example, may want assurance that the City dock will not affect bridge pier and abutment scour (erosion of the channel bottom). We are prepared to address these concerns, by two-dimensional flow modeling if necessary . For the purposes of this proposal we have assumed that an EA Wand flow modeling will not be required for permitting. We will prepare an MnDNR permit application addressing what we find to be the primary concerns based on discussions with the Area Hydrologist. Our work for Phase II will depend on the results of the permitting process. If the permitting process goes smoothly and the preliminary design remains largely un-changed, Phase II will require adding further detail to the plans such as, specifications for dock anchoring and dock construction, and preparing bidding documents that meet City requirements, and obtaining bids from reputable contractors . We propose discussing this scope in greater detail once the permitting process is near completion. We propose to work on a time and expenses basis based on the rates provided in our attached fee Mr. David Osberg July 6, 2004 Page 3 of3 schedule. At this point we anticipate that completion of Phase I work may require approximately $4,400. If additional work will be required as part of the permitting process, we will notify you and not proceed without your prior approval. I will be responsible for managing the work and see that it get completed as efficiently as possible. Other staff members that may be involved with the work will be Rick Voigt (senior engineer, our representative at the Upper Mississippi Waterway Association), Tom Johnson (staff engineer) and Joe Morgan (civil technician). We anticipate that we can complete Phase I within four weeks from a notice to proceed. Please contact me at 952-881-3050 if you have questions or need further information. We look forward to working with you. Sincerely, JR Joel Toso, P.E. Principal Engineer I .---..--- .> ,', City Dock Location (Viewing Upstream) Erosion Around Cottonwood Trees at Boat Launch