No preview available
HomeMy WebLinkAbout01-05-04 CITY OF HASTINGS COUNCIL MEETING Monday, January 5, 2004 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: Ill. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on December 15, 2003 Recognition of Outgoing Planning Commission Chair Steve Anderson V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda am to be acted upon by the City Council in a single motion. Them will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Pay Bills As Audited Reappointments to HPC & HRA Reappoint Planning Commissioners (Alongi, Truax, Schmitt, Twedt) Authorize Advertisement for Planning Commissioner Approve Development Agree~nent--Eastenders (4th and Lake Streets) Resolution--Designating Depositories for 2004 Resolution--Investments 2003/2004 Budget Adjustments The Bar Gambling Permit Renewal City Hall Roof Repairs-Certificate of Substantial Completion DNR Grant Applications for the Hastings River Flats VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Hearing--Liquor License Compliance Check Appeal 2. Public Hearing--Vacation of Easement #2003-82: Riverwood 7th Addition, Block 3 VIII. REPORTS FROM CITY STAFF: A. Public Works Planning 1. Resolution--Vacation of Easement #2003-82: Riverwood 7th Addition, Block 3 2. Resolution--Final Plat #2003-56: South Oaks of Hastings 3r~ Addition (Greg Jablonske: South Oaks Drive) Administration 1. 2004 Non Union Wage Adjustments 2. Closed Door Session--2004 Firefighters Contract X. UNFINISHED BUSINESS: Xl. NEW BUSINESS: XlI. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNClLMEMBERS: XlII. ADJOURNMENT: Next Regular City Council Meeting on Tuesday, January 19, 2004 CITY OF HASTINGS COUNCIL MEETING Monday, January 5, 2004 7:00 P.M. I. CALL TO ORDER: I1. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on December 15, 2003 Recognition of Outgoing Planning Commission Chair Steve Anderson V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. Them will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Coneent Agenda to the appropriate department for discussion. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. Pay Bills As Audited Reappointments to HPC & HRA Reappoint Planning Commissioners (Aiongi, Truax, Schmitt, Twedt) Authorize Advertisement for Planning Commissioner th Approve Development Agree.rnent--Eastenders (4 and Lake Streets) Resolution--Designating Depositories for 2004 Resolutio n--Investments 2003~2004 Budget Adjustments The Bar Gambling Permit Renewal City Hall Roof Repairs-Certificate of Substantial Completion DNR Grant Applications for the Hastings River Flats VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Hearing--Liquor License Compliance Check Appeal 2. Public Hearing--Vacation of Easement #2003-82: Riverwood 7th Addition, Block 3 VIII. REPORTS FROM CITY STAFF: A. Public Works Planning 1. Resolution--Vacation of Easement #2003-82: Riverwood 7th Addition, Block 3 2. Resolution--Final Plat #2003-56: South Oaks of Hastings 3~d Addition (Greg Jablonske: South Oaks Drive) Administration 1. 2004 Non Union Wage Adjustments 2. Closed Door Session--2004 Firefighters Contract X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XlI. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNClLMEMBERS: XlII. ADJOURNMENT: Next Regular City Council Meeting on Tuesday, January 19, 2004 Hastings, MJnnes0ta December 15, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday December 15, 2003 at 7:00 PM, in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Mayor Mike Werner, City Councilmembers Hazlet, Hicks Moratzka, Riveness, and Yandrasits, Councilmember Schultz arrived at 7:19 p.m. Members Absent: None Staff Members Present: City Administrator David Osberg; Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Planning Director John Hinzman; Finance Director Lori Webster; Public Works Director Montgomery; Fire Chief Holmes; Parks & Recreation Director McNamara Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of December 1, 2003. Hearing none, the minutes were approved as presented. Recognition of 2003 Employee Annual Service. Awards City Administrator Osberg and the City Council recognized the following employees for years of service: 5 Years 10 Years 15 Years 20 Years 25 Years 30 Years 35 Years Mary Cofer--Police Jeff Elliott--Arena Larry Evans--Police Craig Puch--Police Adeline Sch roeder--Administ ration Penne Schuidt--Fire Tim Tessier--Parks Valerie Scharfe--Police Mark Kreun--Police Jim Heusser--Utilities Mark Holmes--Fire Ray Knoll, Jr.--Fire Paul Mahoney~treets Steve Pederson--Engineering Pat Orman--Streets The employees in attendance received certificates of recognition from the City Council and were thanked for their years of service. Minutes of the Regular Meeting of December 15, 2003 Page 2 of 6 Consent Agenda Moved by Councilmember Yandrasits, seconded by Councilmember Riveness, to approve the Consent Agenda as presented. 6 Ayes; Nays, None. 1. Pay Bills As Audited 2. Approve 2004 Commercial Haulers License Renewals 3. Proclamation--2004 Arbor Day 4. Resolution--Declaring 2004 Official Newspaper 5. Renewal of 2004 Tobacco Licenses 6. Cross Country Skiing--Riverfront 7. Appoint Mark Vaughan to the NRRC 8. Pay Estimate #2--Pember Excavating for Civic Arena Fire Lane ($1,863.43) 9. Pay Estimate #4--Contractor's Edge for Riverwood/South Oaks ($245,208.82) 10. Pay Estimate #1--Ryan Contracting for Spiral Boulevard & 31st Street Extension ($552,762.97) 11. Pay Estimate #8--A-1 Excavating for General Sieben Drive ($62,430.11) 12. Pay Estimate #1--Pember Excavating for TH 61 & 10th Street Intersection ($86,155.59) 13. Downtown Redevelopment Project 14. Authorize Assessment Agreement for Gas Line Relocation in Vacated Right of Way--711 West 13th Street 15. 2004 Dispatch Service Agreement 16. Item was removed from agenda 17. Development Agreement--Dakota Summit 2nd Addition 18. Development Agreement--Riverwood ~th Addition 19. Resolution--Minor Modification - Final Plat #2003-69 - Glendale Heights 2nd Addition 20. Order Public Hearing--Vacation of Easement #2003-82: Riverwood 7th Addition, Block 3 21. Approve Fire Department Tanker Truck Specifications & Authorize Receipt of Bids 22. 2003 Budget Adjustments 23. Authorization for Account Receivable Write-Off 24. Resolution--2004 Property Tax Levy 25. Resolution--2004 Budget 26. Resolution--2004 HRA Property Tax Levy Copies of resolutions on file Resolution--Accepting Sale of $1,595,000 GO Improvement Bonds, Series 2004 A Finance Director Webster and Bob Thistle of Springsted recommended awarding bonds to Miller, Johnson, Steichen, & Kinnard, Inc. Thistle also stated that Moody's retained Hastings bond rating at A2. Moved by Moratzka, seconded by Yandrasits to accept the sale of bonds as recommended. 6 Ayes; Nays, None. Minutes of the Regular Meeting of December 15, 2003 Page 3 of 6 Public Hearing--Consider Allowing Wal-Mart to be Licensed to Operate a Currency Exchange Business Mayor Werner opened the public hearing at 7:14 p.m. Administrative Assistant/City Clerk Mesko Lee stated that Wal-Mart has made application to the State of Minnesota to operate a currency exchange business at its Hastings location. State law requires a local government to hold a public hearing an act on this request before the State of Minnesota can approve the request. Mesko Lee stated that no comments either in support of opposing the request have been received. There were no comments from the public. Hearing no further comments, Mayor Werner closed the public hearing at 7:15 p.m. Resolution-- Allowing Wal-Mart to be Licensed to Operate a Currency Exchange Business Moved by Councilmember Hicks, seconded by Councilmember Hazlet, to approve the resolution as presented. 6 Ayes; Nays, None. Copy of resolution on file. Public Hearing--Hastings Land LLC Annexation Ordinance Mayor Werner opened the public hearing at 7:14 p.m. City Administrator Osberg stated that this annexation request is for 16.94 acres on the west end of town. Council denied a similar request in April 2003 for several reasons, and Osberg stated that staff has worked with the applicant to find resolution to the outstanding issues cited by the Council at that time. Alice Halvorson, West 14th Street, asked what has changed in this request from the request in April 2003 which was denied by the City Council. Osberg stated that budgetary questions that were not available in April have now been resolved through the state budget process and that City services have not been cut as a result of the budget issues. Joe Kimmes, 1820 West 20th Street had several questions. He asked whether another fire station will be needed. Osberg stated no. Kimmes asked what would happen if the Metropolitan Council didn't approve the annexation. Osberg stated that this request is under the jurisdiction of the State Department of Planning and that the Metropolitan Council is not involved in this action, as the property in question is part of the City's 2020 Comprehensive Plan for annexation. Kimmes asked who would pay for litigation costs should this annexation be contested. Planning Director Hinzman stated that the City would pay for any litigation costs not covered by insurance. Kimmes asked how long it will take to fulfill the City's projected residential and commercial growth. Hinzman stated that the City must prepare and submit a new Comprehensive Plan in 2008. Kimmes asked what type of housing is proposed for this annexed area. Gary Brown of RLK Kuusisto stated that the tentative plan for this property is for a mid to upper level residential development. Michael Eisinger, 1832 West 14th Street, questioned the height of any buildings and drainage issues. Hinzman stated that specific development questions Minutes of the Regular Meeting of December 1 S, 2003 Page 4 of 6 would be addressed at a later date; the current request is only for annexation of the property. Hearing no further public comments, Mayor Werner closed the public hearing at 7:30 p.m. Second Reading and Ordinancc Hastings Land LLC Annexation Councilmember Moratzka stated that the Township has no grounds to formerly object to the annexation but has indicated that it does not formerly support the request. Councilmember Yandrasits questioned whether the property would be able to be developed if it remained in the township. City Attorney Moynihan stated that the township would need to rezone the property before it could be developed. Councilmember Hicks stated that some of the questions from April 2003 have been answered, but would like certain standards developed before the City Council would consider future annexation requests. Councilmember Moratzka stated that the City is facing the challenge on how it wants to address growth issues. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the annexation as presented. 6 Ayes; Nays, One, Councilmember Schultz voting against. Public Hearing--Rezoning #2003-76: F-W to R-2 (Eastenders) Mayor Werner opened the public hearing at 7:40 p.m. Hearing no comments from the public, Mayor Werner closed the public hearing at 7:42 p.m. Ordinance Amendment--Rezoning #2003-'J'6: F-W to R-2 (Eastenders) Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the ordinance amendment as presented. 7 Ayes; Nays, None. Resolution--Preliminary and Final Plat #2003-76: Eastenders (John Dwyer) 4t~ and Lake Streets Planning Director Hinzman outlined the conditions of the request for preliminary and final plat approval. Mayor Werner questioned the grading plan proposed, which calls for allowing a custom lot grading plan. Werner expressed concern with the amount of staff time that would be spend on a custom grading plan. Hinzman stated that the City has an infill lot grading fee which reflects the additional staff time needed; that fee could be added as a condition on the applicant's request for approval. Councilmember Hicks requested clarification on the private lift station proposed for the project. Public Works Director Montgomery stated that a City constructed lift station would be too large for this project. The rest of the infrastructure in this development would be public, but the lift station would be privately owned and maintained. Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the preliminary and file plat with the added condition that infiil lot grading fees be charged. Minutes of the Regular Meeting of December 15, 2003 Page 5 of 6 5 Ayes; Nays, two, Councilmembers Schultz and Riveness voting against. Copy of Resolution on file. Resolutions--Ordering Feasibility Studies a. 2004-1: Westwood Area Public Works Director Montgomery stated that neighborhood meetings will be held in late February 2004. b. 2004-2: East 3'1st Street Mayor Werner questioned why the proposal has a trail on the residential side when it appears that there is more room on the commercial side of the street for a trail. Montgomery stated that the trail is proposed at that location in order to accommodate requests for a trail at that location as well as to keep pedestrians on one side on 31st Street. c. 2004-4:10th Street and Highway 61 Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to order feasibility studies for Projects 2004-1: Westwood Area and 2004-2: East 31st Street. 7 Ayes; Nays, None. Copy of Resolution on file. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to order feasibility studies for Project 2004-4:10th Street and Highway 61. 7 Ayes; Nays, None. Copy of Resolution on file. Development Agreement--Schoolhouse Square 2nd Addition City Administrator Osberg stated that Springsted had conducted a cost/benefit analysis as requested by the Council. Councilmember Hicks stated that redevelopment projects are expensive and that he supported City involvement in the project. Councilmember Yandrasits stated that redevelopment and traffic issues existed on this property which would need to be addressed with or without this development. Moved by Councilmember Riveness, seconded by Councilmember Hicks to approve the development agreement as presented. 7 Ayes; Nays, None. Resolution--Final Plat #2003-56: South Oaks of Hastings 3rd Addition (Greg Jablonske) South Oaks Drive David Vanney, attorney for Greg Jablonske, questioned the amount of the proposed park dedication fees. He stated that his client is requesting that the previous park dedication fees be charged for this project, as opposed to the increased fees adopted by the City Council in 2003. Hinzman stated that because the fees are set by ordinance, the City is unable to waive the fees. He also stated that all developers are given submittal calendars with the City's deadlines and that Mr. Jablonske received the notification along with the other developers. Minutes of the Regular Meeting of December t 5, 2003 Page 6 of 6 Moved by Councilmember Yandrasits, seconded by Councilmember Schultz to table this issue to a future date, with the condition that the developer not be charged park dedication fees higher than the 2003 fees for this development. 7 Ayes; Nays, None. Request to Waive SAC & WAC Charges--Il9 East 2nd Street (Karl & Jeannie Hajny) Moved by Councilmember Hicks, seconded by Councilmember Schultz to waive the fees as requested. 7 Ayes; Nays, None. Unfinished/New Business Councilmember Riveness stated that he would like the City to consider an annexation moratorium. City Attorney Moynihan stated that a moratorium would need to be approved by ordinance, which would require two public hearings. The City would need to explain its goals ,for establishment of a moratorium. He also stated that the City is not obligated to annex property if requested. Councilmember Moratzka stated that she would like the City to work with the surrounding townships on this issue. Councilmember Hicks suggested that the Planning Committee of the Council review this issue. Reports from City Committees, Officers, Councilmembers Mayor Werner stated that he has appointed Councilmember Moratzka as the chair of the Downtown Redevelopment Committee, as she is the most senior elected official. The group's first meeting is tentatively scheduled for Thursday, January 8, 2004 at 4:30 p.m. at Hastings City Hall. An open house is tentatively scheduled for Thursday, January 29 in the evening. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Schultz to adjourn the meeting at 8:40 p.m. 7 Ayes; Nays, None. ATTEST Mayor City Clerk January 5, 2004 Mayor Werner Page Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal ~: (R) 7095 - 7095 BaILk #: (A) Options: Print Ranges/Options: Y Page on Department: N # of copies: i Department Vendor Name Description Amount ADMINISTRATION BOISE CASCADE OFFICE BINDERS 17.66 ADMINISTRATION BOISE CASCADE OFFICE OFFICE SUPPLIEE 290.29 JAYTECH, INC. BOILER CHEMIC;tLS 238.56 MINNEOASCO.ACCT'S PA DEC GAS 2,991.71 Date: 12/31/2003 Time: 09:11:29 Operator: BECKY }(LINE CITY OF F~STINGS Department Vendor Name Description Amount POLICE BOISE CASCADE OFFICE OFFICE SUPPLIES 1,265.12 POLICE COFER, MARY UNIFORM ALLOWANCE 164.06 POLICE DE LAGE LANDEN FINA/~ DICTATION SERVICE 290.05 POLICE ELECTRO WATCh, IN ;~ SERVICE 57.51 BUILDING AND INSPECT LANGER RONALD CONF FEES Total for Department 230 237.17 237.17' PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WO P~K S PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS DLT SOLUTIONS, INC. AUTODESK SOFTWARE 6,205.05 GRAYBAR ELECTRIC I~%MPS / WINE 50.66 GURNE¥, DAVID MILEAGE 1S.12 LAKE SUPERIOR COLLEG GURNEY / EGGEK - GRADING 650.00 Total for F~nd 101 40,507.26* PARKS A~ RECREATION MINN~GASCO,ACCT'S PA DEC GAS 2,108.02 Total for F~nd 200 3,359.83' 95.78 136.94 232.72* Total for Fund 201 232.72* AU~AN, PAUL COUNCIL / PLANNING MEETI 600.00 Total for DeparSment 420 600.00* Total for Fund 205 600.00* CABLE HASTINGS ACCESS CORP ACCESS SUPPORT 25,000.08 Total for Department 420 25,000.00* Date: 12/31/2001 Time: 88:11:23 Operator: BECKY KLINE Page: 3 FIRE FIRE FIRE FiRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE Total for Fund 206 25,000.00* ASPEN MILLS D/gIFORES 2,225.93 FAIR OFFICE WORLD OFFICE SUPPLIES 282.91 REGINA MEDICAL CENTE A~ULANCE MEDICATIONS 376.39 Total for Department 220 376.39* Total for F%lnd 213 9,007.94, PARKS ;%ND REC~TION GREUS CONq~CTING, I JT MAINT FACILITY 18,000.00 Total for Department 481 18,000.00. PUBLIC WORKS Total for Fund 401 18,000.00. WAHLSTROM MASONRY CONCRETE / 02 WESTWOOD P 4,872.20 Total for Department 300 4,872.20* Total for Fund 492 4,872.20* Total for Fund 600 10,524.26. 31.91 812.86 844.77* Total for Fund 601 844.77* Date: 12/31/2003 Time: 09:11:24 Operator: BECKY KLINE FM Entry - Invoice Pa~nent - Department Report Department Vendor Name Description Amount CITY CLER~ CITY CLERK BOYER FORD TRUCKS SHIFT INDICATOR 14.44 DEEHFIELD ADVERTI$IN COWDEN/ CLOTHING AkLOWAN 48.00 Total for Department 107 62.44* Total for Fln~d 610 62.44* P/%RKS ~ RECREATION ELEC~O WATCh, IN ~ MONITOR 57.51 PARKS A~ RECR~ATION FAIR OFFICE WORLD I~K C/~RTHIDGES 101.14 Total for Fund 615 15,592.21- PUBLIC WORKS XCEL ENERGY DEC ELECTRICITY Total for Department 300 3,153.55 3,153.55' Total for Fund 620 3,153.55, Grand Total 131,757.18. .January 5, 2004 ~ c51- FinmC~ ~me r Hazle! Mayor Wemer Memo To: City Council From: Becky Kline Finance Department ~e: 12/23/2003 The attached Department Report itemizes vouchers that were paid on December 23, 2003. Thank you. Date: 12/23/2003 Time: 09:89:05 Operator: BECKY KLINE Department Vendor Name Description Amount L.E.L.S. PAYROLL DEDUCTIONS 592.00 LOCAL UNION 49 PAYROLL DEDUCTIONS 840.00 LOCAL 320 PAYROLL DEDUCTIONS 895.00 MINNESOTA MUTUAL DEC LIFE INS PREMIUM 1,041.04 MINNESOTA NCPERS PAYROLL DEDUCTIONS 160.00 MN CHILD SUPPORT PMT CONN~LL/ CASE 0014354526 230.73 MINNESOTA MUTUAL DSC LIFE INS PREMIUM Total for Department 102 54.68 54.68* ADMINISTRATION ADMINISTRATION ADMINISTRATION MATT PA~OTT & SONS 2003 W-2'S / 1099~S 274.26 MINNESOTA MUTUAL DEC LIFE INS PREMIUM 20.24 CITY CLERK FINANCE MINNESOTA MU~JAL DEC LIFE INS PREMIUM 5.35 Total for Department 107 8.35* MINNESOTA MUTUAL DEC LIFE INS PREMIUM 32.40 Total for Department 120 32.40* FLUEOSL & MO~NIF~N p LEGAL FEES 10,838.33 Total for Department 130 10,828.33* 20.00 18.80 35.80* POLICE ~OLICE POLICE POLICE POLICE 8.10 43.05 125.00 152.00 1,879.92 937.08 226.80 7.54 Date: 12/23/2003 Time: 09:59:05 Operator: BECKY KLINE Page: 2 Department Vendor Name Description Amount Total for Department 201 3,381.39- BUILDING ~ INSPECT ELDER-JONES BUILDING REF%~/ C3%NCELLED JOB 40.40 PUBLIC WOP~KS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PL~LIC WORF~ PUBLIC WORNS ARM OF MINNESOTA REGISTRATION/ GUPPY & E 600.00 ANDERSEN, E.F. & ASS STREET SIGN PLATES 337.82 BDM CONSULTING ENGIN GSN'L CONSULTING 312.50 BDM CONSULTING ENGIN LOT REVIEW CSRT 4,876.00 DAKOTA COUNTY TREAS- DAKOTA CO FUEL NOV CHGS 1,676.18 DAKOTA ELEC'fRIC ASSN ELECTURIC SERVICE/ NOV 1,318.17 FOX, L~O M. CLEANER 37.28 G & K SERVICES MAT / TOWEL RENTAL 123,08 J-CRAFT INC SUPPLIES 90.02 KIMBALL-MIDWEST SUPPLIES 243.76 ~ DEPT OF TRANSPORT BITUMINOUS STP~EET CLASS/ 450.00 MINNESOTA MUTUAL DEC LIFE INS PREMIUM 125,28 4.05 4.09* Total for Fund 101 46,019.24' TOWELS/ LAV & SHOP 28.31 DUBS / ERICKSON 35.00 DEC LIFE INS PRKMIUM 52.65 PAYROLL DEDUCTIONS 25.00 PAINT 113.13 PAINT/ SUPPLIES 136.80 Date~ 12/23/2003 Time: 09:59:06 Operator: BECKY F/LINE Pa~e: 3 CITY OF ~ASTINGS FM Entry Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department 401 935.04* Total for Fund 200 935,04' Date: 12/23/2003 Time: 09:59:06 Operator: BEC"KY F~LINE Page: 4 Department Vendor Name Description Amount PUBLIC WORKS BDM CONSULTING ENGIN PROJ 2002-9 Total for Department 300 592.00 592.00* Total for F~nd 492 592.00* BARN ENGINEERING CO. 31ST ST STORM SEWER SIZI 950.00 BDM CONSULTING ENGIN GS DR EXT/ BRIDGE 3,747.00 BDM CONSULTING ENGIN }{WY 61/ 10TH ST 2,790.00 Total for Fund 498 47,720.13, BRAUN INTERTEC TESTING SERVICES 291.00 DAKOTA COUNTY TREAS- DAKOTA CO FL~L NOV CHGS 487.58 DAKOTA ELECTRIC ASSN ELECTRIC SERVICE/ NOV 48.80 C~PNEN STATE ONE-CAL LOCATES 80.60 GRAINGER, W.W. INC. VENTILATOR 317.51 GPJ%PHIC DESIGN INSERTING STATMENTS 264.94 GP~kPEIC DESIGN MAP LETTER IMPRINTS 217.26 MIN1TESOTA FgJI~JAL DEC LIFE INS PR~MI%~4 . 54.00 MI}~TESOTA NCPERS PAYROI~L DEDUCTIONS 32.00 NAT'L WATERWORKS C~S/ O-RINGS/NOSE 246,57 TERRY~S ACE HARDWARE SUPPLEIS 75.56 TERRY'S ACE HARDWARE SUPPLIES 13.05 Total for Department 300 2,128.87' Total for Fund 600 2,128.87. PCELIC WORKS PUBLIC WORKS 44.80 21.60 66.40* Total for fluld 601 66,40* 814.70 23.00 16.00 853.70* Total for Fund 610 859.70* 98.00 352.94 830.69 529.85 Date: 12/23/2003 Time: 09:59:06 Operator: BECKY KLINE Page: 5 CITY OF F~$TIN~S FM En~y - Invoice Pa~ent - Departmen~ Report Department Vendor Name Description Amount AND RECREATION FRITZ CO. INC. CONCESSION SUPPLIES 120.53 ;%ND RECREATION GARTNER REFRIGERATIO DISCOUNT -180.89 Total for F~d 615 7,209.05* PUBLIC WORKS MIN~SOTA ~gJTUAL DEC LIFE INS PREMIUM 8.09 PUBLIC WOR/(S MINNESOTA NCPERS PAYROLL DEDUCTIONS 16.00 PUBLIC WORKS TERKY'S ACE F~%RDWAP~E BIN 51.01 Total for Ft~d 620 202.05* MISCELLANEOUS AUGUSTANA CARE FACIL DEPOSIT REFUND 2,000.00 Total for Department 600 2,000.00* Total for F%u~d 804 2,000.00' ENGIN CENT SO 1,053.00 ENGIN CENT SO 4TH 111.00 ENGIN CENT SO 5TH 251.00 ENGIN REGINA MED CTR 140.00 ENGIN RI~ERTOWNOPTICA~ 125.00 ENGIN SCHOOL HOUSE SQ 103.00 BDM CONSULTING ~N~IN SIEBEN'S CREST 111.00 BDM CONSULTING EN~IN SO OAKS 124.00 Date: 12/23/2003 Time: 09:59:06 0pera~or: BECKY KLZNE CITY OF ~ASTINGS FM Entry - Invoice Pal~men~ - Department Report Department Vendor Name Description Amount PUBLIC WORKS BDM CONSULTING ENGIN SO OAKS 2ND 248.00 PUBLIC WORKS BDM CONSULTING ENGIN SO PINES 4TH Total for ~u~d 807 Grand Total 157,329.36' Memo Tm City Council Fre,~ Becky Kline Finance Department ~ 12/30/2003 The attached Department Report itemizes vouchers that were paid on December 30, 2003. Thank you. Date: 12/30/2003 Time: 09:11:49 Operator: BECKY KLI~TE Page: 1 Department Vendor Name Description AmoUnt COUNCIL AND MAYOR WILD WINGS LLC EMP RECOGNITION GIFTS 880.76 Total for Department 102 880.76* ADMINISTRATION FORTIS BENEFITS INS JAN LTD FRF/~IUM Total for Department 105 55.24 55.24* FORTIS BENEFITS INS JAN LTD PREMIUM 87.48 Total for Department 128 87.48* FORTIS BE~FITS INS J/~N LTD PREMILD4 Total for Department 140 15.77 15.77, PLkNNIN~ 39.69 39.69* FORTIS BENEFITS INS JAN LTD PREMIUM Total for Department 160 25.47 25.47* BUILDING AND INSPECT FORTIS BENEFITS INS JAN LTD PREMIUM BUILDING AND INSPECT ~ BUILDING PERMIT T TOENJES/ M~F~ERSHIE BUILDING AND INSPECT UNIVERSITY OF MI~4ES INSTITUTE FOR BUILDING 0 Total for Department 230 89.20 30.00 345.00 464.20* PARKS A~ RECREATION FIRST NAT'L BANK JAN / LOAN 0320243259 1,527.35 Date: 12/30/2003 Time: 09:11:50 Operator: BECKY KLINE Page: 2 Department Vendor Name Description Amount PARKS AND RECREATION FORTIS BENEFITS INS JAN LTD PREMIUM Total for Department 401 8,32 1,635.67. MISCELLANEOUS LEAGUE ~ CITIES INS DEDUCTIBLE/ KREL~N 96.24 Total for Department 600 96.24* Total for Fund 101 9,720.00' 22.22 111.53 29.02 162.77' Total for FUnd 200 162.77, Total for Ftmd 201 24.02* HERITAGE PRESERVATIO FOETIS BElfEFITS INS JAI~ LTD PREMIUM 2.52 HERITAGE PRESERVATIO NAT'L TRUST HISTORIC GROES~u~/q / MEMBERSHIP DU 115.00 Total for Department 170 117.52' Total for Fu~d 210 117.52. FIRE AMERIPRIDB LINEN & A LINENS 26.63 FIRE AMOCO OIL CO FUEL 43.43 FIRE C~ISTIANSON, MICHAE GATEWAY MONITOR 63.89 FIRE CUSTOM FIRE APPARATD INSERTS & SCREWS 15.36 FIRE FORTIS BENEFITS INS JAN LTD PREMIUM 250.35 Date: 12/30/2003 Time: 09:11:50 Operator: BECKY KLINE Page: 3 CITY OF HASTINGS Entry - Invoice Pay~nent - Department Report Department Vendor Name Description Amount Total for P~d 213 6,213.66' Total for Fund 402 448.08* HOUSING ~ REDEV~LO SHLERS & ASSOC RFP SERVICE 3,132.50 HOUSING AND REDEVELO FORTIS BENEFITS INS JA~ LTD PREMIUM 22.98 Total for Fund 404 3,630.48* ECONOMIC DE%rELOPMENT FORTIS BF~NEFITS INS J~2~ LTD PREMI~JM Total for Department 180 4.76 4.76* Total for FL~ad 407 4.76* PUBLIC WORKS PUBLIC WORKS BRAUN INTERTEC RSO TESTING 426.00 BRAUN INTERTEC SPIegeL/ 3IST TESTING 2,892.50 Total for Department 300 3,918.50' Total for Fund 493 3,918.50, Total for Fund 600 685.02" FORTIS BENEFITS INS JAN LTD PREMIUM 52.97 Total for Department 300 52.37t Total for Fund 601 52.37t Total for ~hind 610 552.07* 188.30 58.04 364.25 Date: 12/30/2003 Time: 09:11:50 Operator: BECKY KLINE Page: 4 CITY OF HASTINGS FM End.q; - Invoice pa~n~ent - Department R~por~ Department Vendor Name Description Amount pARF~ AND RECREATION MIDWEST COCA-COLA BT POP SUPPLIES 270.75 pARKS AND RECREATION SYSCO, MINNESOTA CONCESSION SUPPLIES 351.31 Total for Department 401 1,414.65- Total for Fund 615 1,414.65. PUBLIC WORKS FORTIE BENEFITS iNS JAN LTD PREMIUM 16.80 Total for Department 306 16.80' Total for Fund 620 16.80- PUBLIC WORKS RLK KUUStSTO LTD MKTPL W ASSESSMENT MTGS 877.S6 Total for Department 300 877,56* Total for Ft~%d 807 877.56* Grand Total 27,238.26* VI-2 December 29, 2003 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director, HPC Staff RE: Commissioner reappointments 1. Heritage Preservation Commission. The HPC recommends the reappointment of the following commissioners. There are no term limits for the HPC. Mark Simacek, 1031 Southview Drive. Third term, ending 1/31/07. Bert Goderstad, 109 I/2 Second Street. Second term, ending 1/31/07. 2. Housing and Redevelopment Authority. The HRA recommends the reappointment of the following commissioners. Thee are not term limits for the HRA. Robert J. Hollenbeck, 212 ½ Second Street. Second term, ending 1/31/09 Ronald L. Toppin, 409 W 7th Street. Second term, ending 1/31/09 3. Appreciation for volunteer service to the City The HPC thanks Marlene Craft for her faithful performance of the duties of a Commissioner for the past three years. She does not wish to be reappointed. 4. Request authorization to advertise a vacancy on the HPC. The HPC asks to advertise the vacancy due to the end of the term of Marlene Craft. VI-3 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director January 5, 2004 Reappoint Planning Commissioners - Alongi, Schmitt, Truax, and Twedt. REQUEST The City Council is asked to reappointment the following individuals to the Planning Commission: · Anthony Alongi - 1614 East 4th Street - 2nd Term to December 31, 2005 · Greg Schmitt - 109 Bass Street - 2nd Term to December 31,2005 · Vernon "Bud" Truax - 1260 West 15th Street - 2"d Term to December 31,2005 · Lance Twedt - 1393 Jefferson Street - 2nd Term to December 31,2004 (Commissioner Twedt should have been reappointed last year) All four Commissioners have provided excellent service to the City, and staff enthusiastically supports reappointment. VI-4 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director January 5, 2004 Authorize Advertisement for Planning Commissioner REQUEST The City Council is asked to authorize advertisement to fill Steve Anderson's vacancy on the Planning Commission due to term limits. Commissioner Anderson has served six years on the Commission, including the last two years as Chairman. His insight and dedication will be missed. VI-5 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director January 5, 2004 Development Agreement - Eastenders REQUEST The City Council is asked to approve the attached Development Agreement between the City and John Dwyer for EASTENDERS, a seven lot, single family subdivision. The City Council granted Final Plat approval on December 15, 2003. As a condition of approval, the developer was required to enter into a development agreement with the city to memorialize conditions of approval. ATTACHMENTS · Location Map · Final Plat · Development Agreement DEVELOPMENT AGREEMENT FOR EASTENDERS This Agreement is made and entered into this day of ,2004, by and between the City of Hastings, a Minnesota Municipal Corporation ("City") and John F. Dwyer and Diane F. Dwyer, husband and wife ("Developer"); and WHEREAS, Developer proposes to undertake the development and construction of a residential development on property proposed to be platted as Eastenders; and WHEREAS, public hearings have been held providing the opportunity for input by the neighbors and all interested persons; and WHEREAS, the Hastings City Council has approved Developer's proposed plat of the Subject Property, subject to Developer signing this Development Agreement and otherwise complying with all conditions of city council approval. NOW, THEREFORE, it is hereby agreed between the parties as follows: Application of DevelopmentAgreement. This Development Agreement shall apply to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: Eastenders, according to the plat thereof, to be filed in the Dakota County Recorder's Office. This property hereafter shall be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot shall refer to a lot, block or outlot contained in the plat of Eastenders. Parties A uthorit~ to Sign. Developer warrants to the City they have full authority to enter into this Development Agreement and perform the conditions herein contained. Developer further warrants that this Development Agreement will be recorded against the Subject Property before any of the Subject Property is transferred or encumbered in any way. Density.. The Subject Property has been approved for a total density of seven single family residential lots. Park Dedication Fees. Befom the City will release the final plat, Developer shall pay to the City cash in lieu of land in satisfaction of the City' s park dedication requirements. To satisfy this park dedication requirement, Developer shall pay to the City $12,600.00. This amount is based upon seven units at a rate of $1,800.00 per unit. Sewer Interceptor Fees. Before the City will release the final plat, Developer shall pay to the City $2,275.00 for sewer interceptor fees. This represents the rote of $325.00 per unit for seven units. ~tation. Developer shall cause to be constructed, at Developer's sole expense, a private lift station on the Subject Property which will serve all lots within the Subject Property except Lot 1, Block 1. Developer shall pay all costs associated with the design and construction of thi~ private lift station. The entire length of the force main, including pordons within the Lake Way public right-of-way shall be owned and maintained by an association comprised of the owners of Lots 2 through 6, Block I andLot 1, Block 2. The City of Hastings shall not be responsible or liable for the force main andrelated infrastructure. This design shall ihclude, but not be limited to, a storage tank capable °f containing adequate reserve storage as determined by the City' s Building Official to be used in the event the pump fails or the power is cut off. The tank shall be installed in compliance with Minnesota Rule 7080 and City Code. An alarm system shall also be installed to give audible an visual warning of any failure. The design of the private lift station shall be approved by the City's Public Works Director before it is constructed. Notice is hereby given to all future owners of lots in the Subject Property that the City shall not be responsible for any maintenance, maintenance costs, repairs or replacement of the private lift station. Developer, for themselves, their successors and assigns further agree to hold harmless and indemnify the City for any damages caused to the Subject Property, any buildings built thereon or any persons on the Subject Property caused by any failure of the private lift station or service lines. Owners of lots in the Subject Property shall be responsible to contract with a certified maintenance repair company to ensure maintenance and repair of the private lift station and all piping and safety devices. Owners shall likewise be responsible to contract with an appropriate alarm services company to avoid sewage back up in the case of power outage or failure. The maintenance, repair and replacement obligations described in this paragraph must be assumed by an appropriate property owner's association formed by the Developer or others. Proof of the formation of this property owner's association must be provided to the City before any building permits for the Subject Property will be issued. MNRRA CriticaIArea. TheSubjectPropertyis locatedwithin theMississippiNati°nal River and Recreation Ama (MNRRA) and is subject to compliance with the Interim Development Regulations 0DR) outlined in Minnesota Executive Order No. 79-19. The Subject Property is also located within the Urban Diversified District and the Rural Open Space District of the IDR. Accordingly, the following special conditions apply to the Subject Property: A. All building pads must conform to minimum bluff line set back requirements. Building pads on Lots 1 and 2, Block 1 must be relocated to conform to set back requirements. B. No structure shall be placed on slopes grader than 18%. Structures placed on slopes between 12% and 18% must be constructed on suitable soils so as to control mn-off and not increase erosion. Native species shall be used for tree planting and landscaping at the discretion of the Planning Director and City Forester. All development activity, inclu~ng grading, tree and vegetation removal, must conform to Minnesota Executive Order No. 79-19-Interim Development Regulations for the Mississippi National River and Recreation Area. A conservation easement must be established to prohibit removal of native vegetation and trees along the bluff line setbacks of all lots on Block 1. This conservation easement shall be prepared by Developer at Developer' s expense and subject to approval by the City. The City will not release the final plat mylars for recording until it has approved the conservation easement. This conservation easement must be recorded, at Developer' s expense immediately after the plat has been recorded and before any lots are transferred. Grading, Drainage and Utility Plans. No construction or grading of any type shall take place on the Subject Property until Developer has received final approval from the City's Public Works Director for Developer's grading, drainage and utility plans. Developer shall be responsible to reimburse the City for all expenses incurred by the City in reviewing Developer's grading, drainage and utility plans. Additionally, the following conditions must be satisfied by Developer: A. The lot grading plan must be revised to include the FEMA Flood Fringe Boundary. B. Grading and filling activities within the flood fringe area will be strictly limited and subject to permit approval. 9. Flood Fringe Areas and Flood Elevations.. A conditional letter of map revision (CLOMR) may be necessary at the discretion of FEMA. If a CLOMR is required by FEMA, then the CLOMR must be rece~vedbefore the C~ty w~ll ~ssue any bmlding perrmts for housing pads within the flood fringe areas. This requirement must be sari stied despite that the minimum floor elevation for any building may be above the 100 year flood elevation of 693 feet. All areas below the 100 year flood elevation must be delineated as a drainage and utility easement. 10. Storm Water Pond. Lot 5, Block l.. The storm water pond on L°t 5,B l°ck l must be reconfigured so as to avoid grading and filling of delineated wetlands' Before any storm water pond is constructed within a wet land area, all required permits must be obtained from the Minnesota Department of Natural Resources, United States Army Cor of Engineers and the City. 11. Lot 6 Block L The structure to be constructed on Lot 6, Block 1, must access Lake Way and not 4th Street. 12. Tree Preservation Plan._ Before the City will release the final plat for recording, Developer must submit to the City a tree preservation plan that is consistent with the Tree Preservation Policy of the City. Before the City will release the final plat, this tree preservation plan must meet the approval of the City Forester. 13. Shoreland Management and Flood Plain Regulations._ Notice is given that the Subject Property is subject to the City' s shoreland management regulations and flood plain regulations now in effect and as they may be amended in the future. 14. 4th Street East. That part of 4~ Street East which is adjacent to the Subject Property shall be improved to City standards as shown on the approved plans on file at City Hall. 15. Conservation Area Management Standards.. Each lot owner in the Subject Property shall comply with the following provisions that guide the use and enjoyment of Conservation Areas within the Subject Property; The Conservation Areas, including "Steep Slopes" and "Flat Zones" are identified on Exhibit A to this Development Agreement. A. Steep Zones. The steep sloped areas - also called bluffs - within the Conservation Area are those slopes that exceed 18 percent. Flat Zones. Those areas at the top or bottom of a steep slope or bluff where the grade changes to less than 18 percent. Additionally, from the point at which the grade changes, the Conservation Area continues for an additional 40 feet away from the change in grade. Vegetation Management. In Conservation Areas, vegetation management is further restricted as follows: Clear-cutting. The removal of an entire stand of trees is prohibited. Removal or cutting of any vegetation including, but not limited to, trees, and shrubs shall be allowed only upon review and approval of the City Forester. o The vegetative screening of development allowed and approved in these Standards or City ordinances, as viewed from the water, shall not be substantially reduced, assuming summer leaf-on conditions. Adjacent to the river shore, existing shading of water surfaces shall be preserved, except as allowed for in these Standards or City orditlances. Maintenance trimming or pruning for the health of the vegetation is permitted, as long as the essential character, quality and density of existing growths is preserved and a continuous natural canopy cover is maintained. Exotic, invasive and noxious species listed on the DNR approved list may be cleared by a lot owner at any time. Replacement of removed species with native species is encouraged. A lot owner may at any time remove dead or diseased trees, limbs, and branches; or those that pose safety hazards or have suffered storm damage. Any vegetative management allowed for in these Standards or City ordinances shall be done in accordance with Best Management Practices to protect the Steep Slope areas from erosion and runoff caused by vegetative management. Allowed vegetation removal should be done in small areas that can be stabilized before proceeding to another management area. Additional Plantings andLandscaping. Areas within Conservation Zones are to be preserved in a natural state when at all possible. Lot owners may plant additional vegetation such as grasses, perennials, wild flowers, and trees and shrubs native to the area. Lot owners are encouraged to provide natural cover and habitat that is attractive to wildlife in the area. Flat zones shall not be manicured lawn areas. Landscaping and any structures erected in Flat Zones should be of natural materials and colors harmonious with the setting. Lot owners are encouraged to landscape in such a manner that the natural materials are carried throughout the entire Lot, if possible. Development in Steep Zones. Absolutelyno structures or development except stairways, lifts, landings, previous access paths, and watercraft access areas are allowed in Steep Zone areas. Such structures are subject to any U.S. Army Corps of Engineers (COE) area limitation and City ordinances. If such structures and development are proposed, the following conditions shall be met. Any work performed must be accomplished without increasing erosion. If it cannot be avoided, soil and vegetative displacement shall be minimized to the extent possible. 3. The soil types and geology to support the structure are suitable. Them is proper management of vegetation to control and minimize runoff. Development in Flat Zones. Development and accessory structures may be allowed in Flat Zones. However, any proposed work shall be subject to any COE Area limitation and City ordinances. If such structures are proposed, the following conditions shall be met. 1. Structures shall be setback 40 feet from the top of the bluffs. Any work performed must be accomplished without increasing erosion. If it cannot be avoided, soil and vegetative displacement shall be. minimized to the extent possible. 4. The soil types and geology to support the structure must be suitable. 16. There shall be proper management of vegetation to control and minimize runoff. The structure shall be constructed of natural materials and colors harmonious with the setting. Topographic Alterations. Topographic alterations such as grading, filling, and excavation are not permitted except for the minimum amount of alteration for the development allowed in these Standards or City ordinances. Topographic alterations necessary for the development allowed in these Standards or City ordinances do not require the issuance of a separate grading and filling permit. Lot Owners or contractors for Lot Owners must secure separate grading permits from the City if the proposed work will displace more than 10 cubic yards of material in Conservation Areas, or more than 50 cubic yards of material outside Conservation Areas. All topographic alterations shall ensure that; Soil displacement, erosion, vegetative cutting, and the destruction of natural amenities are minimized, and are the minimal amount necessar~ for the development. The smallest amount of ground is exposed for as short a time as feasible. Temporary ground cover, such as mulch, is used and permanent native ground cover is planted as soon as possible. Best Management Practices are utilized to prevent erosion, trap sediment, and minimize runoff. Any fill is free from pollutants, rubbish, concrete or building rubble, and is placed to accepted engineering and construction standards. All disturbed areas shall be restored at the completion of the project and shall be in conformity With the topography of the surrounding land. Building Permit Fees. The lots in the Subject Property shall be considered as "infill" lots. This will result in higher building permit and plan review fees being imposed for each 17. 18. lot. Site Grading. The entire Subject Property, i.e. all platted lots and all outlots, shall be graded at the same time. All site grading on the Subject Property shall be completed according to the grading plan approved by the City. All disturbed areas on the Subject Property must be stabilized with a rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be maintained so as to comply with all City of Hastings property maintenance ordinances. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. Letter of Credit and Inspection Escrows. Before Developer begins any grading on the Subject Property, Developer shall post with the City a letter of credit or escrow in the amount of 125% of the grading cost. Before the Developer begins any street and utility construction, Developer shall post with the City a letter of credit or cash escrow in the amount of 125% of the street and utility improvement costs. Additionally, before any grading or street and utility construction commences, Developer shall also post the cash escrow in an amount determined by the City's Public Works Director to reimburse the City for inspection fees that incur for the grading, street and utility construction inspections. Before Developer begins any grading or any street or utility construction, Developer shall provide City with proof of liability and insurance in an amount of at least one million dollars. City shall also be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. All letters of credit required by this Agreement shall be in a form acceptable to the City and issued by a company licensed to do business in Minnesota. Maintenance Bond - Prior to accepting or approving the completed Developer financed and constructed grading and/or street and utility improvements, the Developer must submit a maintenance bond from Developer's contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. E. Privately Constructed Improvements - In the event the Developer elects to pay one hundred pement (100%) of all costs incurred for installation of the improvements outside of the normal assessment procedure, Developer may do so provided Developer complies with the following requirements: All construction shall be in accordance with plans and specifications approved by the Public Works Division. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. Complete the required improvements within a two-year period. Provide the City with reproducible as-built drawings of the improvements within two months of completion of the improvements. 19. Specifications - Inspections. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and fumish the Developer with copies of all invoices rec'eived. The City will also charge 10% of the consultant fees to cover City overhead and administration costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance of the improvement project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. As-Built Improvement Plan - Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of the constructed improvements. 20. Electronic Copies of Required Documents. Before the City will sign the final plat, Developer shall submit to the City, electronic copies of the plat, plan set record drawings and grading plan in an electronic format which is acceptable to the Hasrlnga Engineering Department. 21. Property Monuments. Steel monuments shall be placed at all block comers, lot comers, angle points, points of curves in streets and at intermediate points as shown on the Final Plat. Such installation shall be the developer's expense and responsibility. All U.S., state, county, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The Developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 22. Requirements for a Building Permit. No building permits shall be granted on the subject property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions of plat approval have been met. In a case where the City of Hastings is a party to the platting, a copy of the plat, ce~fied by the City Clerk as true and correct, shall satisfy the requirements of this section. No building permits shall be granted on the Subject Property until such time that the Developer provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. Co No building permits, except for approved sales models, shall be granted on the Subject Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted. 23. Building Permit Submittal Requirements. An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. The Certificate of Survey shall reference and be based on an approved grading plan. 25. 26. B. The Certificate of Survey shall include at a minimum the following information: 1. Property boundaries. 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 9. Proposed top of foundation elevation (front and rear). 10. Proposed finish grade elevations at building comers. 11. Street right-of-way (to centerline). 12. Existing property monuments. 13. Detailed spot elevations for drainage swales based on the approved grading plan. 14. Existing and proposed midpoint elevations on side lot lines. 15. Existing top of curb elevations at the extension of side lot lines and at the midpoint of the lot. 16. On-site sewage treatment system location andpotable well location, if applicable. C. Survey benchmarks shail be identified on certificate of survey. Field hubs shall be placed onsite by a licensed surveyor to show top of foundation elevation and setbacks. Erosion Control Plan Requirements (May be identified on Certificate of Survey). to Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the front yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed of CA1/CA2 Course Aggregate 1-2" rock - 6" deep per MPCA Manual. Successors and Assigns. This agreement shall be binding upon the successors and assigns of the parties hereto and shall mn with the land and bind all future owners of any lot in the Subject Property to the terms of this Development Agreement. Recordine of Agreement. An original executed copy of this Agreement shall be filed 27. 28. with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers of the property within the Subject Property of the provisions of this Agreement. All recording fees shall be paid by Developer. Recording of Final Plat. The final plat of the Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building permit is issued. Other Conditions. Nothingin thisDevelopment Agreement shall limit or modifyin any way the conditions imposed by the Hastings City Council as part of its approval of the preliminary plat and final plat of the Subject Property, which conditions are on file at Hastings City Hall and which are incorporated in full into this Agreement by reference. 29. Miscellaneous. It is agreed that any breach of the terms of this Development Agreement shall be grounds for the denial of any building permit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the breach directly relates. Developer shall be provided with notice of any breach of the terms of this Development Agreement in accordance with the notice provision hereafter and shall be provided a period of 30 days in which to cure the breach. During this 30 day notice, the City shall be allowed to withhold any required permits, certificates of occupancy or any other~City approvals, unless the City is given assurances in an amount and a form deemed appropriate in the sole discretion of the City that the breach will be eliminated. If any portion of this Development Agreement is held in valid for any reason, that decision shall not affect the validity of the remaining portions of this Development Agreement. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. AIl amendments or waivers to this Development Agreement must be in writing, signed by all parties and approved by written resolution of the city council. Do All parties to the Development Agreement have participated freely in the negotiations and preparation hereof. Accordingly, this Development Agreement shall not be construed more strictly against any one of the parties as a result hereof. Any notice required by this Development Agreement shall be sent to the parties as follows: TO THE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street Hastings, MN 55033 TO THE DEVELOPER: John F. Dwyer Diane F. Dwyer 875 Spiral Boulevard Hastings, MN 55033 Dated this day of ,2004. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: Michael D. Wemer, Mayor (SEAL) Dated this day of By: Metanie Mesko Lee, Administrative Assistant/City Clerk ,2004. DEVELOPER: By: John F. Dwyer By: Diane F. Dwyer ACKNOWLEDGMENT STATE OF MINNESOTA ) ) $$o COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _ day of ,2004 by Michael D. Wemer and Melanie Mesko Lee the Mayor and Administrative Assistant/City Clerk of the City of Hastings, Hastings, Minnesota. NOTARY PUBLIC ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this__ day of by John F. Dwyer and Diane F. Dwyer, husband and wife. ,2004 NOTARY PUBLIC THIS INSTRUMENT DRAFTED BY: FLUEGEL & MOYNIHAN P.A. 1303 South Frontage Road, Suite #5 Hastings, ~ 55033 651-438-9777 (SlVIIvl) VI-6 & 7 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Lori A. Webster, Finance Director 2004 Official Depositories and Investment Resolution December 29, 2003 Attached to this memo you will find two separate resolutions for your approval. The first is the annual Designation of Depositories for the daily banking and investment needs of the City. The second resolution is merely a formality requirement for US Banks only, which is requiring a Resolution with authorized signatures attached of the individuals with authority to open accounts, make investments etc. as needed. If you should have questions regarding this information, please feel free to contact me. Council Action Requested Approve the two resolutions as attached. CITY OF HASTINGS RESOLUTION # RESOLUTION DESIGNATING THE OFFICIAL BANKING DEPOSITORIES AND APPOINTING FINANCE DIRECTOR AS DESIGNATED AUTHORITY FOR APPROVAL WHEREAS, State of Minnesota Statutes Section 118 sets forth the procedures for the deposit of Public Funds and it is policy of the Hastings City Council to authorize the Finance Director, to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and WHEREAS, Wells Fargo Bank of Hastings is now the official depository, and the Wells Fargo Bank of Mankato for the City's Health Insurance contract; and WHEREAS, State of Minnesota Statutes Section 118 sets forth the requirements for the Designation of Depositories, and the insuring and/or securing of deposits; and WHEREAS, it has also been the policy of the Hastings City Council to delegate the authority to the Finance Director to designate the official depositories for banking needs and for investment purposes; and NOW, THEREFORE BE IT RESOLVED, that the Hastings City council delegate the authority to the Finance Director to designate the necessary investment depositories for 2004 and BE IT FURTHER RESOLVED, that the Finance Director of the City of Hastings designates the following banking institutions as per the City's investmer~t policy until further notice: US Bank, Wells Fargo Investment Services, Dain Rauscher, Wachovia Securities (Prudential), Minnesota 4M Fund, Salomon Smith Barney, and additional institutions as the Finance Director deems appropriate. BE IT FURTHER RESOLVED, that the Finance Director or the Director's designee of the City of Hastings is hereby designated as the approval authority for the acceptance and release of all collateral to be held by the City in conjunction with City Funds on deposit with authorized instructions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 5th DAY OF JANUARY, 2004. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk CITY OF HASTINGS RESOLUTION # INVESTMENT RESOLUTION WHEREAS, State of Minnesota Statutes Section 118 sets forth the procedures for the deposit of Public Funds and it is policy of the Hastings City Council to authorize the Finance Director, to annually designate a bank as the official depository for the City funds and manage the collateral pledged to such funds; and BE IT RESOLVED, that the Finance Director and the Assistant Finance Director ( "officers" ) are authorized, on behalf of an in the name of the City, (a) to direct, orally or in writing or electronically or through any other medium agreed to by said officers and the Corporate Treasury Division of U.S. Bank N.A. ( "Treasury" ), the opening of an investment account and the investment of municipal, funds in securities and/or time deposits with and/or through Treasury through such account; (b) to execute, on behalf of the City, contracts or agreements in connection with such investment account in the usual form provided by Treasury for such accounts generally; (c) to endorse and deliver for deposit, negotiation transfer, pledge, or sale, and to identify or guarantee signatures or endorsements on, notes, certificates of deposit, checks, and securities of all kinds, either belonging to or coming into the possession of the City; and (f) to authorize, orally or in writing or through any other medium agreed to by said officers and Treasury, the debiting and or crediting by Treasury of this City's deposit account(s) at any financial institution for the purpose of effecting such transaction. FURTHER RESOLVED, that the City Clerk of the City is authorized and directed to certify to Treasury the foregoing resolutions and that the provisions thereof are in conformity with the Articles and Bylaws of this City and to certify to Treasury the names of the persons now holding the offices referred to above tend any changes hereafter in the persons holding said offices together with specimens of the signature of such present and future officers. FURTHER RESOLVED, that the authority granted to the officers of this City shall continue in full force and effect, and Treasury may rely thereon in. dealing with such officers, unless and until written notice of any change in or revocation of such authority shall be delivered to Treasury by an officer of this City, and any action taken by said officers and relied on by Treasury pursuant to the authority granted herein to its receipt of such written not[ce shall be fully and conclusively binding on this City. FURTHER RESOLVED, that the actions of any officer of the City heretofore taken in opening an investment account with Treasury and in the investment of City of Hastings funds through such account, be, and the same hereby are in all respects, ratified, confirmed, and approved. FURTHER RESOLVED, that all prior resolutions of the City authorizing the opening of an investment account with the Treasury and the investment of City funds through such account, be, and the same hereby are, rescinded and superseded as to all such transactions with respect thereto effected after the date of adoption of these resolutions. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS Sth DAY OF JANUARY, 2004. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk CERTFICATE I hereby certify that I am the duly appointed, qualified and acting City Clerk and the custodian of the records of the City of Hastings, a municipality organized and existing in good standing under the laws of the State of Minnesota. I further certify that set forth below are the true titles, names and genuine signatures of the duly appointed, qualified and acting officers of the City presently holding such offices who are authorized under the foregoing resolutions: TITLE * SIGNATURE FINANCE DIRECTOR ASSISTANT FINANCE DIRECTOR IN WITNESS WHEREOF, I have affixed by name in my official capacity as City Clerk of the City of Hastings on this 5th day of January, 2004. Melanie Mesko Lee, City Clerk VI-8 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Lori A. Webster, Finance Director 2003 / 2004 Budget adjustments December 29, 2003 The City Council is asked to authorize the following budget adjustment requests: PLANNING $1,142.93 budget decrease in 2003 and roil over into 2004 as a budget increase to Planning conference and schools line item for funds unspent in 2003. {101- 150-1501-6323). FINANCE $ 5,800.00 budget decrease in 2003 and roll over to 2004 as a budget adjustment increase to Finance Conference and schools of $ 2,500 ( # 6323), subscriptions of $ 600 ( # 6433), miscellaneous of $1,200 (#6450) and Finance ERF of $1,500 (fund 403) FIRE $ 200.00 budget increase to the 2003 Fire donations account to recognize a donation received on December 23, 2003 from Lloyd and Arlene Hanson. (213-210- 2100-5815). Council Action Requested Authorize the above 2003 and 2004 budget adjustments and as indicated. VI-9 From: Date: Re: Mayor Werner & Councilmembers Melanie Mesko Lee Administrative Assistant/City Clerk December 29, 2003 Application for Renewal of Premise Permit for Lawful Gambling at the Bar-- Friends of Animal Adoptions Council Acti~ Reque~ Adopt the attached resolution that approves a Lawful Gambling Premises Permit Renewal Application at The Bar, located at 2101 Vermillion Street. The current license will expire February 28, 2004. Ba~kgrnund: Application has been received for a renewal of a premise permit for lawful gambling at The Bar, located at 2101 Vermillion Street, This application is for a class B license, which allows pull- tabs, tlpboards, paddlewheels, and raffles. The organization is Friends of Animal Adoptions. The applicant has provided all of the required paperwork and has complied with the repo~cing and donation requirements established by City Ordinance No. 403, which, effective January 01, 1998, states that 50% of all lawful gambling expenditures will need to be used for lawful purposes within the City's trade area. Attac, hment~e~ 1. Resolution approving a Class B Lawful Gambling Premises Permit Renewal Application CITY Of HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 01- -04 RESOLUTION APPROVING APPLICATION OF A PREMISE PERMIT RENEWAL APPLICATION FOR LAWFUL GAMBLING WHEREAS, the Friends of Animal Adoptions has presented an application to the City of Hastings to renew their license to conduct Lawful Gambling at the Bar, 2101 Vermillion Street, Hastings, MN 55033; and WHEREAS, the premise application is for Class B which permits raffles, paddlewheels, tip boards and pull-tabs; and WHEREAS, the Friends of Animal Adoptions has and shall continue to comply with all applicable laws governing lawful gambling, including the requirement for 50% of lawful gambling expenditures to be used for lawful purposes with the City of Hastings trade area. NOW, THEREFORE, BE iT RESOLVED by the City Council of the City of Hastings that the Mayor and Administrative Assistant/City Clerk are authorized and directed to sign this resolution and forward it to the Minnesota Department of Gaming, Gambling Control Division, showing approval of this application for a Premise Permit at the Bar. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 5th DAY OF JANUARY, 2004. Ayes: Nays: Absent: Michael D. Werner, Mayor Melanie Mesko, Administrative Assistant/City Clerk (SEAL) VI-lO ROOFING AND SHEET METAL CONrRACTORS SINCE 1912 John A. Dalsln & Son, Inc. 2830 South 20th Avenue Minneapolis, MN 55407 612-729-9334 - Office 612-729-9330 - Fax e-marl: inquiries@dalsin.com Letter o£ Transmittal To: Subject: Dave Osberg City of Hastings 101 4th Street East Hastings, MN 55033 Hastings City Hall Roof Repairs Date: December 9, 2003 Copies Description 3 AIA Document G704-2000: Certificate of Substantial Completion Notes: Signed: Tom Howard Title: Senior Project Manager ALL TYPES OF COMMERCIAL/INDUSTRIAL ROOFING & SHEET METAL REPAIRS * PREVENTIVE MAINTENANCE · REPLACEMENT * NEW CONSTRUCTION AN EQUAL OPPORTUNITY EMPLOYER 2000 EDITION AIA DOCUMENT G704-2000 Certificate of Substantial Completion (Instructions on reverse side) PROJECT: Hastings City Hall PROJECT NUMBER: 212003-00 rt~ame aad adaressRoof Repair, 101 4th Street East Hastings, MN 55033-1955 CONTRACT FOR: General Construction CONTRACT DATE: August I 1, 2003 TO OWNER:,,.. TO CONTRACTOR: (t~a,,e~adaadre~s~-~ry of Hastings John A. Dalsin & Son, Inc. (Name and address) 101 4th Street East 2830 20th Avenue South Hastings, MN 55033-1955 Minneapolis, MN 55487 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: OWNER [] ARCHITECT [] CONTRACTOR [] FIELD [] OTHER [] Entire project. The Work performed under this Contract has been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: The date of Substantial Completion shall be December l, 2003. SLL/Leo A Daly ~ December 5, 2003 ARCHITECT ~;~ DATE OFISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: $1,000.00 The Contractor will complete or correct the Work on the '[i~'~tems,~ttached hereto within CONTRACTOR ~ / DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at ] 2:0l AM (time) on December l, 2003 (date). City of Hastings OWNER BY DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) ]'he Owner assumes responsibility for security, maintenance, heat, utilities, damage to the work, and insurance at 12:01 AM, on December 1, 2003. ©2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its II The American Institute provisions without written permission of the AIA violates the copyright laws of the United States and will sub ect ll of Architects the violator to legal prosecution. I 1735 New York Avenue, N.W. WARNINCi: Unlicensed photocopyin8 violates U.S. copyright laws and will subject the violator to legal prosecution. 1 1 ©2000 AIA® AIA DOCUMENT G704-2000 CERTIFICATE OF SUBSTANTIAL COMPLETION Washington, D.C. 20006-5292 2000 EDITION AIA DOCUMENT G704-2000 Certificate of Substantial Completion (Instructions on reverse side) PROJECT: Hastings City Hall PROJECT NUMBER: (Name ..d .,~re,,Roof Repair, 101 4th Street East Hastings, MN 55033-1955 CONTRACT FOR: CONTRACT DATE: TO OWNER:.~. Of HaStings TO CONTRACTOR: (t~ame aad ~ess~'lty (Name and address) 101 4th Street East Hastings, MN 55033-1955 212003-00 General Construction August 11, 2003 John A. Dalsin & Son, Inc. 2830 20th Avenue South Minneapolis, MN 55487 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: Entire project. OWNER [] ARCHITECT [] CONTRACTOR [] FIELD [] OTHER [] The Work performed under this '~onfract ]fas been reviewed and found, to the Architect's best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when .the~Work ~ designated portion is sufficiently complete in accordance with the Contract Documents so that_~e Owner can occupy or utilize the Work for its intended use. The date of Substantial'Completio~il;~of the Project or portion designated above is the date of ~ssuance establisbed by .~.~s Certlflc~atei which is also the date of commencemem of apphcable warranties reqmre~d b~ tee Contrac~'Dqcuments, except as stated below: The date of Substantta Comp etlon shal be December 1, 2003. SLL/Leo A Daly ..... . /~d~ll~~.~December 5, 2003 ARCHITECT BY~ ~ATE OF ISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for: items on the attached list.wi~l~b~..)the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of WOrk that is incomplete or defective: ~ Contra r complete or co ct e.Work on F: One Hundred Fifty ( 150 da ~ie~'~'' e" e CON TRACTO--'--------~ ~Y~"- ~'*' ' - ~ I0 taned hereto within rial Completion. The Owner accepts the Work or designated portio~ ~!~a.'.~b~iaily complete and win assume ~,il possession at 12:01AM (tirbe)'iOt/ ' December 1 2003 (date). City of Hastings OWNER R~' DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: fNote: Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and covemge.) '[he Owner assumes responsibility for security, maintenance, heat, utilities, damage to the work, and insurance at 12:01 AM, on December 1, 2003. ©2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its The American Institute provisions without written permission of the AIA violates the copyright laws of the United States and will subject o~: Architects the violator to legal prosecution. 1735 New York Avenue, N.W. WARNING; Unlicensed phofocopyio~ violates u.s. copyright laws and will subject the violator to legal prosecution. Washington, D.C. 20006-5292 / ~) 2OOO AIA® AIA DOCUMENT G704-~000 CERTIFICATE OF SUBSTANTIAL COI~IPLETION 2000 EDITION AIA DOCUMENT G704-2000 Certificate of Substantial Completion (Instructions on reverse side) PROJECT: Hastings City Hall PROJECT NUMBER: rNam,*,d~ssRoof Repair, 101 4th Street East Hastings, MN 55033-1955 CONTRACT FOR: CONTRACT DATE: TO CONTRACTOR: 212003-00 General Construction August 11, 2003 TO OWNER: ,~. ~v ..... ,~ a0ure,~ty of Hastings 101 4th Street East Hastings, MN 55033-1955 PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: John A. Dalsin & Son, Inc. 2830 20th Avenue South Minneapolis, MN .55487 Entire project. The Work performed under thi~ !~ont~akt ~hs been reviewed and found, to the Architect's best knowledge, information and belief, to b~ substantially complete. Substantial Completion is the stage in the progress of the Work when th~ Work or designated portion is sufficiently complete in accordance with the Contract Documents so tha~-~e Owner can occupy or utilize the Work for its intended use. The date Of Substantial Comp. letiba ~f the Proiect or portion designated above is the date of xssuance estabhshed by ihis Certt~catei:wh~ch ~s also the date of commencement of pphcable warranbes reqmred by tl~e Contrac[ D~cuments except as stated below: The date of Substantial Completion shall be December 1, 2003. OWNER [] ARCHITECT [] CONTRACTOR [] FIELD [] OTHER [] December 5, 2003 ARCHITECT ~Y DATE OF ISSUANCE A list of items ~o be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents.. Unless 0~erwise.agr~ to in writing, the date of commencement of warranties for: items Of~ the attached list will:t~/:ithe date of issuance of the final Certificate of Payment or the date of final payment: Cost estimate of Work that is incon:iplete or defective: $1,000.00 The Contractor will complete or cor~ct the Work on ~a~,.~ems altached hereto within One Hundred Fift 150 ~' · Y ( ' ) days~date~ub/s~tial Completion. John A: Da_lsin & Son, nc.- ~__~r~~/~/~/~.~ CONTRACTOR ~Y ~ ~ / IDATr~ / The Owner accepts the Work or designated portion ~:~.'.*iiall¥ complete and will assume full possession at 12:01 AM (li~h :'' December 1, 2003 (date). City of Hastings OWNER Ry ; ' DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: OwneFs arid Contractor's legal and insurance counsel should determine and review insurance requirements and coverage.) The Owner assumes responsibility for security, maintenance, heat, utilities, damage to the work, and insurance at 12:01 AM, on December 1, 2003. ©2000 The American Institute of Architects. Reproduction of the material herein or substantial quotation of its The American Institute provisions without written permission of the AIA violates the copyright laws of the United States and will subject of Architects the violator to lesal prosecution. 1735 New Yor~ Avenue, N.W. WARNING: Unlicensed photocopyioE violates US, copyright laws aed will subject the violator to legal prosecution. Washington, D.C. 20006-5292 AIA DOCUMENT G?04-2000 CERTIFICATE OF SUBSTANTIAL COMPLETION V1-11 STAFF MEMO Date: December 23, 2003 To: Hastings City Council From: Marty McNamara, Park & Recreation Director Re: DNR grant applications for the Hastings River Flats. In pursuit of developing the Hastings River Flats, staff is preparing information for two DNR grant requests: the Outdoor Recreation Grant and the Fishing Pier Grant. The DNR asks that an Application Request Form be submitted by January 31. The actual grant applidations are due in March. Attached is a packet of preliminary project information including the application request form and a diagram suggesting which project elements could be requested for funding along with associated costs. At this time, staff requests that the City Council approve submittal to the DNR of the Application Request Form. In the nextcouple of months, staffwill bring this item back to the Council for consideration ora detailed grant application and draft resolution of support. M:~l.4STlNOS~rnisc_parks~DNR ghent merno_12-O3.doc APPLICATION REQUEST FORM One Application Request Form should be submitted per project to the appropriate program staff(refer to the program information sheets enclosed for the mailing address). Please make copies of this form, as needed. Applicant City of Hastings County. Dakota Contact Person Marry McNamara Title Park and Recreation Director Address 920 West 10th Street Phone Number (Daytime hours) 651.480.6176 Project Name Hastings River Flats City Hastings Zip 55033 Please check the appropriate grant program (if known) and provide an estimated total project cost: x Natural and Scenic Area __ Regional Trail X Outdoor Recreation x Public Boat Access Regional Park x Fishing Pier __ Federal Recreational Trail __ Local Trail Connections x Total Estimated Cost: $ 3 million - Total Project $300,000 - Requested Project Elements Project Description: Attached DNR GRJkNT REQUEST ITEMS Riveffronl Nature · ¢, Preserve & ~' ~ Sculpture ITEM BUDGET CANOE RACK PICNIC SHELTER $,s,ooo $100,000 INTERPRETIVE CENTER IAYCEE PARK LAKE REBECCA , MA.b'TER PLAN i ,, ~:!:,~ :::= .... Envisioned as an interpretive experience and environmental laboratory along a two-mile stretch of the Mississippi River from Lock & Darn #2 through historic downtown Hastings to the mouth of theVermillion River Restoration and reuse of a 200-acre former industrial site; transforming it into a regional destination with international links Demonstrates innovation in riverfront restoration, green architecture and conservation design The project is central to Hastings' downtown revitalization strategy Designed around vital community themes: --- interpretive recreation --- environmental restoration --- public art Grand Opening: June 2006 Environmental Restoration / E~ologyI ~ ,.LL,~.&..-_.-_..,.T. ..... 2001 Minnesota Public Works Association Project of the Year 2002 Civil Engineers Association of Minnesota Project of the Year 2002 American Society of Landscape Architects Design Award Designated as I of 8 highest priority river-related projects in the Twin Cities region by the Mississippi Riverfront Initiative Outdoor Recreation Grant Program Information Sheet- 2004 Application Cyeh Program purpose How it works Eligible applicants Eligible p~ojects Minimum requirements Program funding Grant awards Project Period To apply Further information To increase and enhance outdoor recreation facilities. Provides matching grants to local units of government for up to 50% of the cost of acquisition, development and/or redevelopment costs of local parks and recreation areas. Cities, counties, townships and recognized tribal governments. Park acquisition and/or development/redevelopment including, among others, internal park trails, picnic shelters, playgrounds, athletic facilities, boat accesses, fishing piers, swimming beaches and campgrounds. Contact the Grants Manager with questions about other eligible facilities. Project proposals must include at least one eligible primary outdoor recreation facility and have a total project cost of at least $ I 0,000. Land proposed for development and/or redevelopment must be owned by the applicant or be part of an acquisition project. Significant progress must be completed on active projects before an additional proposal can be submitted. A maximum of 50% of the total eligible project costs. Applicants must be able to fund at least 50% of the total project costs. The "local share" can consist of cash or the value of materials, labor and equipment usage by the local sponsor or by donations or any combination thereof. Costs must be incurred and paid for before reimbursement can be made. Applicants are eligible to receive more than one grant. The Department of Natural Resources wiI1 review applications during the spring of 2004. Preliminary grant awards will be announced in the summer of 2004. Projects cannot begin until all requested final documentation has been submitted and an agreement has been completed. This process can take three months to complete. Most projects can expect to begin in the fall of 2004 and all work must be completed no later than December 31, 2006. To receive an application, please submit an Application Request Form. We recommend that the Application Request Form be submitted no later than January 31, 2004. The completed application is due by March 31, 2004. Grants Manager (see enclosed Grant Manager Assignment List) Local Grants Program Department of Natural Resources Office of Management and Budget Services, Box 10 500 Lafayette Road St. Paul, MN 55155-4010 Fax: 651/296-6047 WEB SITE: www.dnr.state.mn.us VII-1 MEMORANDUM To: From: Date: Re: Mayor Werner & City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk December 29, 2003 Alcohol Compliance Check Failure Council Action Requested: Consider civil penalty against House of Wines for failure of liquor license compliance check. Background Information: On December 11, 2003, the Hastings Police Department conducted alcohol compliance checks. At that time, the House of Wines sold alcohol to an underage individual and thus failed their compliance check. The House of Wines previously failed compliance checks in October 2000 and December 2001. In October 2000, the House of Wines purchased an identification card reader as part of a civil penalty established by the City of Hastings Resolution 12-03-00 (attached). In December 2001, the House of Wines was fined $750 and was closed for 2 days as required by the City's guidelines for two alcohol compliance check failures in a 24 month period. This most recent violation is less than 24 months from the second violation in December 2001. Per the City's guidelines, the following civil penalties have been set up for the Council to consider in the case of an alcohol compliance check failure: First Offense: $300 fine or purchase of ID reader machine (ID reader machine purchased December 2000) Second Offense within any 24 month period: $750 civil penalty and license suspended for two days (Thursday/Friday) selected by Council (headng held January 22, 2002; penalty paid January 30, 2002 and suspension served February 7 & 8, 2002) Third Offense within any 24 month period: $1,000 civil penalty and five day license suspension (to include a Friday/Saturday) After a first violation, an establishment is given an opportunity to have a hearing before the City Council. On December 22, 2003, a notice was sent to the owners of The House of Wines regarding the hearing scheduled for January 5, 2004; they have until January 2, 2004 to provide written notice to appeal. The City Council's penalty guidelines have been established to allow the City Council the ability to deviate from the civil penalties suggested, based upon the circumstances of each case. If you have any questions about this or would like more information, please do not hesitate to contact me HASTINGS CITY COUNCIL RESOLUTIONNO. 12-3-00 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ESTABLISHING GUIDELINES FOR CIVIL PENALTIES FOR ILLEGAL LIQUOR SALES IN THE CITY OF HASTINGS DECEMBER 4, 2000 Council member Johnson introduced the following Resolution and a second was made by Council member Riveness and moved its adoption: WHEREAS, Minnesota Statutes Section 340A.503 and Hastings City Code Chapter 3.01 provide that it is a gross misdemeanor to sell, barterl furnish or give alcoholic beverages to a person under twenty-one years of age; WHEREAS, the City conducts regular compliance checks to insure that those establishments holding municipal liquor licenses in the City of Hastings are in compliance with this State Statute and City Code. In the event that a liquor license establishment is proved to have made an illegal sale, Minnesota Statutes Section 340A.415 authorizes the City Council to revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000 for each violation or impose ....... · ' ~,, - , oa,y uomomatlon ot mese sanctions; ana WHEREAS, the Hastings City Council believes it to be in the public interest to establish guidelines for civil penalties to be imposed for illegal liquor sales in the City of Hastings; and WHEREAS, the City Council also believes these guidelines could be deviated from if the City Council deems it to be appropriate in a given ease. NOW, THEREFORE, BE IT RESOLVED by the Hastings City Council as follows: A. The Haa'tings City Council establishes the following guidelines for civil penalties to be imposed for illegal liquor sales in the City of Hastings. The Hastings City Council reserves the right to deviate from these guidelines based upon the circumstances of each case. The following designated civil penalties are in addition to any criminal penalties that may be imposed by State law. First Offense: Three hundred dollar civil penalty and a letter outlining the civil penalties that could be imposed if further violations occur. Instead of paying the three hundred dollar civil penalty, the licensee can purchase, install and use in the licensed establishment, a driver's license/identification card reading device. Proof of installation must be provided to the City Clerk within 3 0 days after notice of the violation has been sent to the license holder by the City Clerk. Second Offense Within Any 24 Month Period: Seven hundred and fifty dollar civil penalty and a two day license suspension which will occur on a Thursday and Friday selected by the Council. Third Offense Within Any 24 Month Period: One thousand dollar civil penalty and a five day license suspension which will include one consecutive Friday and Saturday selected by the Council. Fourth Offense Within Any 24 Month Period: Two thousand dollar civil penalty and revocation of the liquor license. B. The City Council retains the right t6 impose a penalty different from those contained in this Resolution if the Council deems the cimumstances warrant it. C. In the event of a new owner, the prior owner's violations, if any, will not roll-over to the new owner. The new owner will start out as having no first violations. If the new owner is related to the previous owner by blood, marriage or partnership of any type, the previous offenses will carry over to the new owner. D. When a first illegal sale is alleged to have occmxed, docamentation of the illegal sate shall be sent to the City Council by either the Chief of Police or the City Administrator, together with the proposed penalty called for by these guidelines. If no Couneilmember objects to the proposed penalty within 7 days after the information is after the information is mailed to the City Council, then City staff will proceed to inform the liquor license holder of the penalties to be imposed pursuant to these guidelines. If a Councilmember objects to the proposed penalties, the Councilmember shall notify the City Administrator and the illegal liquor sale matter shall be placed on the next available City Council agenda for Council discussion. E. Upon proof that a first illegal liquor sale has occurred, the Chief of Police or the City Clerk shall issue a notice to the holder of the liquor license. That notice shall be given in person or by mail to the holder of the liquor license. The notice must contain the date, time and nature of the offense, the mount &the scheduled civil penalty. This notice must also provide that the liquor license holder can appeal the imposition of this penalty to the Hastings City Council by delivering to the City Clerk a written notice of appeal within 10 days of the date of the notice. Failure to timely pay the penalty shall be grounds for additional monetary penalties or license suspension or revocation. F. If the violation is a second or subsequem violation within a 24 month period, a hearing shall be held before the City Council before any license suspension or revocation shall be imposed. The license holder shall be given notice of the hearing at least 10 days before the date of the hearing. The notice shall state the time, place and the nature of the charges. Council member._~lohrmm~__ made a second to the foregoing Resolution. Upon being put to a vote, the following Councilmembers voted in favor of this Resolution: Co~ncilmember Rivea~ess, Simacek, Johnson, Hicks, Moratzka & Mayor Werner Councilmm~b~r Yandrasits absent The following Councilmembers voted in opposition to this Resolution: WHERE UPON, the Mayor declare~t the Resolution to be duly passed. CITY OF I-L4$TING$ ATTEST: By:. Michael D. Werner, Its Mayor Melanie Mesko 3 CITY OF HASTINGS 101 4th Street East · Hastings, MN 55033-1955 651-480~2350 · Fax: 651-437-7082 www. ci.hastings.mn.us December 22, 2003 House of Wines Attention: Ed and Jane Robinson 1225 Vermillion Street Hastings, MN 55033 Re: Alcohol Compliance Check Failure Dear Ed and Jane: 'I am writing to you regarding the recent failure of an alcohol compliance check at House of Wines. As you know, on December 11, 2003, the Hastings Police Department conducted alcohol compliance checks. An employee of House of Wines sold alcohol to an underage individual at that time. On October 25, 2000, your establishment sold alcohol to an underage individual and you subsequently purcha~qed an ID reader machine as required by the City of Hastings. On December 19, 2001, your establishment sold alcohol to an underage individual and was subsequently fined $750 and was closed for two days. On December 11, 2003, your establishment sold alcohol to an underage individual. Under the guidelines adopted by the City Council (Resolution 12-3-00, enclosed) in 2000, a second compliance check violation within any 24 month period makes your establishment subject to a $750 fine and a two day license suspension which must occur on a Thursday and a Friday selected by the City Council. The City's guidelines require that liquor license holders who have two or more violations within a 24 month period shall have a hearing before the City Council before any license suspension shall be imposed. Please note that the Hastings City Council reserves the right to deviate from these guidelines based upon the circumstances of each Hastings on the Mississippi The City Council will consider action on imposing a civil penalty and license suspension on the House of Wines at its January 5, 2004 City Council meeting. The City Council meeting will be held at 7:00 p.m. at Hastings City Hall~ 101 Fourth Street East~ Hastings Mimaesota. You will have an opportunity to address the council and present any testimony you feel relevant. The e. ouncil will then determlne if, or what penalty, will be imposed. If you have questions, please contact me at 651480-2~26. Sincerely, C1TY OF 1tASTINGS Melanie Mesko Lee Administrative Assistunt/City Clerk Cc: Dave Osberg, City Administrator Mike MclVlenomy, Police Chief Shawn Moynihan, City Attorney VII-2 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: January 5, 2004 Subject: Public Hearing - Vacation of Easement #2003-82 - Riverwood 7th Addition, Block 3 REQUEST The City Council is asked to hold a public hearing to vacate a drainage and utility easement located on Lots 25, 34, 35, and 40, Block 3, RIVERWOOD 7TH ADDITION as requested by Advanced Homes of Hastings. The public hearing was ordered by the City Council at the December 15, 2003 meeting. RECOMMENDATION Approval of the vacation is recommended. The subject lots are vacant and have been replatted as part of Riverwood 8th Addition. New drainage and utility easements have included as part of the Riverwood 8th approval. ATTACHMENTS · Resolution · Location Map · Site Map · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING A DRAINAGE AND UTILITY EASEMENT ON LOTS 25, 34, 35, AND 40, BLOCK 3, RIVERWOOD 7TM ADDITION, DAKOTA COUNTY MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Advanced Homes Of Hastings, owner of the subject parcel, has petitioned for the vacation of a drainage and utility easement on property generally located between Village Trail and Riverwood Drive, north of 36* Street, legally described as Lots 25, 34, 35, and 40, Block 3, RIVERWOOD 7TM ADDITION, Dakota County Minnesota; and WHEREAS, on January 5, 2004, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, which heating was proceeded by published notice as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation heating 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 the above described drainage and utility easement is hereby approved as presented effective of this date, subject to the following condition: 1) Dedication of the drainage and utility easement on the subject property thr°ugh the rec°rding of RIVERWOOD 8TM ADDITION. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee 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 5th day of January, 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 This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 (SEAL) Z · " / 12/08/2003 17:32 FAX l~/O&/2oo3 IS:~i ~A~ 651 43? 4716 STAR REALTY ST.LR m SIEW~RT ~UUZ ~oo2 LAND ~$;~E APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 / ) 4 ; ' ' Applicant: Ov~e~ (If different fr~m Applicant): Addra~, ~0~ ~/~FR4/([,~, ~, Address Phone /~.q'/- ,..~,~;- '~,~ ~ Phone Fax ~5 / ~ Z/~? ~/-/?/(. Fax ~-arl ......... ......... ............. De~,-~ip~on of Reques~ (incJude site plan. su~ey, and/er plat if applicable): I Ghee. II applicable bex(es): NMe: All fees and escrow amounts due a~ ~ime of application. Final Plat Minor Sub- Spec. Use Variance ~nnexatlan Prelim Plat Site Plan TOTAL: 5600 ~ $50 $.500 $500 $500 ,~500 $500 $50 5250 S400 $500 plus legal expenses $500 plus $100o escrow $500 plus escrow:. - Under 10 acres: .%3000 ($500 Planning + $2500 Enlglnee~ng) - Over 10 acres: $6000 ($1000 Plannin~ + $5000 Engineering.) $50~ plus escrow:. - 0 - $,000 s.f..' $1600 (Engineering) - 5,000 - 10,000 s,f.: S2500 ($500 Planning + 52000 Engineering) - 10,000 - 50,000 s.f.: S,3250 ($'750 Planning + $2500 Engineering) - 50,000 s.f. +: .~300 ($1000 Planning + $30013 Engineering) Admird=~aal~ve Lot'Split Comp Plan ~mendment HOg:Se Move Lot Line Adjustment Vacate ROW/Easement Slgn~ of/l~ppllcant ,/) Date Signature of Owner .- , A~pllca~t Name and Title - Please Print Owner Name - Please Print f c. ... ~fficial Uae Only Fila# Fee P~ld Date Receipt# ~ - App. Complete VIII-B-1 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director January 5, 2004 Resolution - Vacation of Easement #2003-82 - Riverwood 7th Addition, Block 3 REQUEST Please see the Public Hearing Staff Memo for further information VIII-B-2 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director January 5, 2004 Resolution - Final Plat #2003-56 - South Oaks of Hastings 3rd Addition - Greg Jablonske 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 December 15, 2003 City Council Meeting in order to examine park dedication fees. 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. ATFACHMENTS · Resolution · Location Map · Final Plat · Application HISTORY June 23, 2003 Mr. Jablonske received letter from City of Hastings in regards to park dedication fees. July 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 signature) July 30, 2003 Remaining items submitted - application deemed complete August 4, 2003 City Council Approval of Park Dedication fee increase'~Approval of South Oaks 2na Addition Preliminary 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 asking_for South Oaks 3rd to be removed from the August 18"' City Council Agenda. August - December, 2003 Various conversations with Jablonske and Vanney regarding 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, PARK DEDICATION ANALYSIS Staff has reviewed property sales and appraisals and determined that the proposed park dedication rate of $1,800 per unit ($48,600 total) is "fair and reasonable" as required by state statutes. The following methods were used: South Oaks 3rd Addition Only Property Size 4.17 acres 181,645 s.f. Number of units 27 R-3\PRD - Maximum 8 units per acre Zoning Density per acre Comparable Sales of Multiple Family Land - (Minimum Value used)*. Estimated value of South Oaks 3~ Required Park Dedication Percentage of Park Dedication to Property Value "Fair and Reasonable" park dedication value per court precedence 6.47 units per acre $2.73 per s.f. $118,919 per acre $495,891 $48,600 ($1800 x 27 units ) 9.8 percent 10-15 percent Entire South Oaks Development Property Size 49.76 acres Number of units 234 Zoning R-2 - Single and Two Family R-3\PRD - Maximum 8 units per acre Density per acre Comparable Sales of Mixed Residential Land - Century South*. Estimated value of South Oaks 3'a Required Park Dedication - by Addition 4.70 units peracre $1.18 pers.f. $51,567 peracre $2,565,974 1s` and 2na -$136,000 (160 units @ $850) 3'd - $48,600 (27 units @ $1800) Remaining - $103,400 (47 units @ $2200) South Oaks Total - $288,000 Percentage of Park Dedication to Property 11.2 percent Value "Fair and Reasonable" park dedication 10-15 percent value per court precedence * Valuations were taken from the Indicated Values of Comparable Sales from the October 30, 2003 appraisal for the reconstruction of 31st Street east of Highway 316 by Mark Knoche, Bettendorf, Rohrer Knoche Wall Appraisal Services. South Oaks of Hastings 3~ Addition - Final Plat City Council Memo - JanuarY 5, 2004 Page 4 BACKGROUNDINFORMATION 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. North R-3 - Med High Dens. U-II- Res (4-8) East Townhomes U-II- Res (4,8) South Single Family Homes R-3 -Med High Dens. West Olson Drive U-II- Res (4,8) Single Family Homes R-3 - Med High Dens. Adjacent Zoning and Land Use Direction Existin Use Zonin Corn Plan Future Townhomes R~3 -Med High Dens. U-II-Res (4-8) Existing Condition The site is presently undeveloped. The majority of the site is open with little topographic relief. FINAL PLAT REVIEW Preliminary Plat . · of Hastings 2nd Addition on Preliminary Plat approval was gran~e(3 as part of South Oaks 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 BDM Engineering, the City's consultant engineer. It appears minor issues remain before approval. Grading, Drainage, and Erosion Control plan approval must be obtained by the Public Works Director as a condition of Plat approval. South Oaks of Hastings 3~d Addition - Final Plat City Council Memo - January 5, 2004 Page 5 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 $48,600 (27 units x $1,800 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 $8,775 (27 units x $325 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 1st 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 3"~ Addition. Site Plan Review Site Plan review and approval for all buildings exceeding two units must be granted by the City Council, prior to construction. South Oaks of Hastings 3rd Addition - Final Plat City Council Memo - January 5, 2004 Page 6 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 3R° 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 3Rn 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 2N° ADDITION, according to the recorded plat thereof described as follows: Beginning at the southwest comer 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 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 1 lminutes 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 3m) ADDITION subject to the following: 1. Recording of the Final Plat of SOUTH OAKS OF HASTINGS 2~ql) ADDITION with Dakota County. 2. Adherence to the conditions of the South Oaks 2na 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 t° 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 $48,600 (27 units x $1,800 per unit) prior to the release of the Final Plat mylars for recording. 6. 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. 7. A landscape plan must be submitted for PlanningDirect°r appr°val' inc°rp°rating the f°ll°wing: 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 (TIF, 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. Wemer, 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 5th day of January, 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 :i 13NI"I '::ISVH d I IH- ' i / I CiTY OF HASTINGS PLANNING DEPARTMENT ~ 101 4th Street East. Hastings. MN ~d33 Phone: 651.480.2350 Fax: 651.437.7082~._c~0U~_ ~' Address of FYeper[y: Legal Descriptie~ of Pr~erty; ~'e ~- ['P I~+ Applicant: Owner (If different from Applicant): Address Address Phone ~,~I- ~')- '5 ')<~O Phone Fax L.~ <~ -- ~ ~,L[(J( Fax Email Email Description of Request (include site plan. survey, aneler plat if applicable): -~,'*.,~J . Pl~,'t- A~,~o~.l ,=-9_ So~L~l. ~ tA&c~,~c ,o,., ...... Che~k applicable box(es): Note: .NJ fees and escrow amounts due at time of application, Final Plat $600 Miner Sub, $500 Rezone $600 Spec. Uae $500 Variance $250 Annexation $500 plus legal expenses EAW $500 plus $I000 escrow Prelim Plat $~00 plus escrow; Site Plan )ziministmtive Lot Split $50 Comp Plan Amendment $500 House Move $500 Let Line Adj~-tment $50 Vacate ROW/Easement ~,0O - Under 10 ac~ee: $3000 ($500 Planning + $2500 Engineering) · Over 10 ogres: $5000 ($1000 Planning ~- $5000 Engineering) $500 plua esc~ow: - 0 - 5,o00 e,f.: $1500 (Engineering) - $,000 - 10,000 s.f.: $'2500 {$500 Planning -~ $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.~. +: $4000 (S10~0 Planning + ~3000 Engineering) TOTAL: .,..~l%u re of AppliT~'q Date /J F__/ Y '-,.,a~mmant, Name and 3-~tle - Please Print Official Use Only Receipt # Date Re¢'d App. Complete TDTRL P.02 VII1-¢-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator December 29, 2003 2004 Non-Union Wage Adjustment Recommended City Council Action The City Council will be asked to take action authorizing a wage adjustment for non- union employees effective January 1, 2004. Backqround Recent years have resulted in the City Council taking action at one of the meetings in December, authorizing a wage adjustment for non-union employees, effective January 1. Due to various cimumstances, action has yet to be taken, and the City Council is asked to take such action at the meeting on January 5, 2004. Previous discussion by the City Council has included the following concepts under consideration for labor negotiations: A.) 2.00% adjustment effective January 1, 2004; and 1.00% adjustment effective July 1, 2004 OR B.) 2.25% adjustment effective January 1, 2004. Staffwould recommend avoiding option "A", as a change effective July I results in the need for administrative adjustments during the middle of the year, that otherwise are not needed. Thus, in an effort to avoid changes twice dudng the year, and yet provide a reasonable adjustment in 2004, I would recommend that the City Council take action authorizing an increase of 2.5% effective January 1, 2004. HRA YEAR END REPORT FOR 2003 HRA PROJECTS Bailly's Landing The HRA worked with the developer from September 2001 to complete a redevelopment agreement for the project. HRA did not extend the Preliminary Agreement in March as the developer was not able to demonstrate satisfactory sources of equity and a feas~le financing plan in the time provided. Heart of Hastings Master Plan This redevelopment plan encompasses the northeast comer ofthe City, approximately a half mile around the downtown area. A Metropolitan Council planning grant application was authorized by the HRA and City Council in July, 2001 and the plan was completed and adopted in July of 2003. The rezoning of areas to conform to the plan will be introduced in 2004. Hoisington Koegler Group was contracted as the lead vendor for planning, with Clayburgh Architects, WSB Engineers and others contributing sections. SRF was contracted for the parking component. Copies have been distributed to city officials and will be available at City Hall and the Public Library. RFP for downtown redevelopment Thc HRA and City Council directed the preparation of an RFP to follow up on the Heart of Hastings Master Plan in the area considered for the Bailly's Landing proposal. The redevelopment area was specified north of Second, south of Levee Park, between Sibley and the railroad, plus the station block and property on 4th Street. The RFP was advertised in July. Six responses were received in August. The selection progvss was completed in mid-November with the designation of Sherman Association as thc lead developer by the Council and HRA. Sherman's proposal for downtown redevelopment The Preliminary Agreement with Sherman Associates will be prepared for execution early in 2004. An advisory committee will start meeting and an open house will also bc held in January. The first step will be a market feasibility study for a "destination" usc. Following the study, thc site plan, building design and financing steps will proceed. The properties involved in this agreement include the HRA/City property along the rivcrfront and the railroad, and on 4th Street. Completion ora development agreement is tentatively scheduled for October, 2004. Fourth Street site The HRA purchased two buildings, to eliminate blight, on 4th Street across from City Hall in December of 2002. The tenants were relocated with CDBG funds and the apartment building was demolished in July. The goal is rehabilitation of the brick house, a Heritage Preservation Site, and new construction on the cleared property. Two proposals were received during the RFP process. 222 Ramsey redevelopment project This parcel was purchased and cleared by the HRA in 1997. The HRA advertised for proposals and accepted Pat Yates' proposal to build a two story commercial building with apartments. A redevelopment agreement has been executed and work is expected to begin in the spring of 2004 following City approvals. Birchen property at 1st and Bailly Bill Birchen moved his operations fi.om the riverside property, now owned by the HRA, to the Industrial Park in November, 2004. Public Works is using the buildings for temporary storage before they are removed in 2004. The property is included in the Sherman redevelopment proposal. ONGOING HRA PROGRAMS Residential rehabilitation loans Three residential loans were made in 2003. There are 15 loans outstanding, five deferred, eight installment and two term or single pay notes. Six former loans have been paid in full. There are no delinquencies at this time. Approximately $267,000 in HRA funds and $100,000 of TIF fiJnds are payable. Commercial rehab loans and grants Seven fagade improvement grants were made, totaling $2,653 of liRA funds. One interest reduction loan of $7,722 was made with TIF funds. Jotm Grossman HRA Director gIERITAG~ PI~§ERVATION P~PORT, ~003 LeDuc House In 2000, Minnesota Historical Society hired staffto work with the community to find a way to open the house. The City, Minnesota Historical Society, Dakota County Historical Society and citizen groups negotiated a solution. In March, 2003 the City executed agreements for the building's rehabilitation by MHS, transfer of the property to the City and historic interpretation by DCHS. MHS and DCHS have kept staffinformed and referred questions during the ongoing rehabilitation of LeDuc House and development of the interpretation plan. Site interpretation is being planned by DCHS with a funding raised by Hastings citizens, and with a Scenic Byways Grant. The rehabilitation will be completed and the City will take ownership in the fall of 2004. The site and interpretative program is expected to open in the spring of 2005. Interpretive Wayside Panels Work is nearly complete on a National Park Service grant to research, write and fabricate ten panels. They will be installed by the Parks Department along the riverfi'ont trail between downtown and the darrr The grant funded $42,700 and the City funded $12,000 of the cost. Reimbursements have been received and the last part of the project, the panels, are under contract and are to be shipped in December 2003. This project is an example of collaborations sponsored by the Mississippi Natural and Recreation Area (NPS) office in St. Paul. ONGOING PROGRAMS Design reviews for changes to Heritage Preservation Sites The HPC reviewed and approved 24 applications for design review. Site identification plaques The HPC now offers plaques to owners of designated sites for cost, which is $12.00. The date of the building's construction is engraved in the varnished wooden plaque. Pioneer Room continues to provide services The Curator, Cindy Smith, is building and maintaining the collection of historic and biographical records, photographs, books and artifacts. The room is open 20 hours a week, making the collections accessible to visitors and callers. Ms. Smith completed a history of the City Parks and is planning a history of the Hastings Library. She is organized a quilt show and photograph collection events for 2004. HPC staffto be contracted for a year Council approved a part time temporary position in the Planning Department for staffing the HPC in 2004. The HRA Director will continue to be involved in an advisory role.