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HomeMy WebLinkAbout03-07-05 CITY OF HASTINGS COUNCIL MEETING ...~.... " Monday, March 7, 2005 7:00 P.M. I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approve Minutes of the Regular City Council Meeting on February 22, 2005 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agende el8 to be ected upon by the City Council in e single motion. Thel8 will be no discussion of these items untess e Counc/lmember or citizen so requests, in which event the items will be I8moved from the Consent Agende to the eppropriete department for discussion. 1. Pay Bills As Audited 2. Approval to Seek Bids for Coping Stones at Family Aquatic Center 3. First Reading/Order Public Hearing-Rezoning 2005-15: R-2 to RMU (401 Ramsey Street) 4. First Reading/Order Public Hearing-Ordinance Amendment #2005-17- Shoreland 5. 2005 Budget Adjustment 6. Resolution Expressing Acceptance of and Appreciation for Donation to the Police Department-Clayton G. Kukacka 7. Resolution Expressing Acceptance of and Appreciation for Donation to the Police Department-Richard J. Larson 8. Resolution Expressing Acceptance of and Appreciation for Donation to the Police Department-Hastings School District VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Award of Contract-LeDuc Mansion Wallpaper 2. Public Hearing- Vacation of Right-of-Way #2005-12: East Half of lake Street, South of 4th Street (Ken Holtz) VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Resolution-Parking Restrictions in Summit Point Development 2. Utility Rate Review 3. Resolution-Qrder Feasibility Study: Downtown Redevelopment Public Improvements 4. Resolution-Qrder Feasibility Study: South Frontage Road Reconstruction B. Planning 1. Resolution-Vacation of Right-of-Way #2005-12: East Half of Lake Street, South of 4th Street (Ken Holtz) 0 ~ , 2. Resolution-Variance #2005-08: Shoreland Ordinance Lot Size at SW Barker & 2nd Street East (David Warg) 3. Resolution-Development Plan #2005-04: Three Rivers Place at Block 2 Downtown (Robert Abdo) 4. Preliminary Approval-UBC Relocation C. Administration 1. Public Dock Project Presentation IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Monday, March 21, 2005 Hastings, Minnesota City Council Minutes February 22, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 22, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Acting Mayor Hicks, Councilmembers, Hazlet, Moratzka, and Schultz Mayor Wemer and Councilmembers Alongi and Riveness Assistant City Administrator Melanie Mesko Lee, Planning Director John Hinzman, and Public Works Director Tom Montgomery City Administrator Dave Osberg arrived at 7:17 p.m. City Attorney Shawn Moynihan arrived at 7:38 p.m. Members Absent: Staff Members Present: Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting or special meetings of February 7,2005. Hearing none, the minutes were approved as presented. Council Items to Be Considered Assistant City Administrator Mesko Lee requested that Accept Resignation of NRRC Commissioner be added as Item #11 of the Consent Agenda. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to amend the Consent Agenda as requested. 4 Ayes; Nays, None. Consent Agenda Moved by Councilmember Hicks seconded by Councilmember Moratzka to approve the Consent Agenda as amended. 4 Ayes; Nays, None. 1. Pay Bills As Audited 2. Resolution-Approve Raffle Permit for Elizabeth Ann Seton at the Knights of Columbus Hall on April 29, 2005 3. Order Public Hearing to Consider Amending On-Sale Liquor License Fees for 2005/2006 4. Declare Public Works Maintenance Department Equipment Excess 5. Resolution-Prohibit Truck Idling and Parking Adjacent to Mississippi Belle, and Authorize Purchase and Installation of Sidewalk Bollards 6. Resolution-Authorize Advertisement for Bid for LeDuc Mansion Parking Lot 7. Approve Parks & Recreation Facility Rental Form 8. Item was removed Minutes of the Regular Meeting of February 22, 2005 Page 2 of3 9. Appointment of HPC Commissioner 10. Approve Drug Task Force Joint Powers Agreement 11. Accept Resignation of NRRC Member Terry Sieben Copies of resolutions on file. Public Hearing-Rezoning #2005-04: C-3 to DC at Block 2 (Tanek Architects) Mayor Werner opened the public hearing at 7:02 p.m. Planning Director Hinzman gave a brief overview of the rezoning request. There was no one to speak for or against the requested rezoning. Hearing no further comments, Mayor Werner closed the public hearing at 7:03 p.m. Second Reading/Adopt Ordinance-Rezoning #2005-04: C-3 to DC at Block 2 (Tanek Architects) Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the ordinance as presented. 4 Ayes; Nays, none. Copy of ordinance on file. Public Hearing-Vacation of Easement #2005-03 at Outlot A, Century South 5th Addition (Greg Jablonske) Mayor Werner opened the public hearing at 7:03 p.m. Planning Director Hinzman gave a brief overview of the vacation request. There was no one to speak for or against the requested vacation. Hearing no further comments, Mayor Werner closed the-pttblic hearing at 7:04 p.m. Resolution-Vacation of Easement #2005-03 at Outlot A. Century South 5th Addition (Greg Jablonske) Moved by Council member Hicks, seconded by Councilmember Moratzka to approve the resolution as presented. 4 Ayes; Nays, none. Copy of resolution on file. Resolution-Site Plan #2005-05: Two 4-Unit Buildings at 630-648 Pleasant Drive (Tony Brown) The Council discussed the driveway layout. Staff recommends two driveway accesses for the property. The applicant presented a revised drawing with one access and hammerhead turnarounds for consideration. Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the site plan as amended by the applicant. 4 Ayes; Nays, none. Copy of resolution on file. Resolution-Site Plan #2005-02: Glendale Heights 3rd Addition (DR Horton) Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the site plan as presented. 4 Ayes; Nays, none. Copy of resolution on file. Minutes of the Regular Meeting of February 22, 2005 Page 3 of 3 Resolution-Site Plan #2005-09: LeDuc Mansion Parking Lot at 1629 Vermillion Street Planning Director Hinzman stated that the Planning Commission has recommended approval of the site plan with conditions. One issue still remaining is the lighting of the parking lot. Both the Planning Commission and the HPC have recommended approval with additional consideration given to implementing historic lighting on the site. Hinzman stated that not only is the pricing significantly higher, but more lighting would be needed and more light spillover may impact the neighbors. Moved by Councilmember Hicks, seconded by Councilmember Moratzka to approve the site plan with the lighting as proposed due to cost and spillover concerns. 4 Ayes; Nays, none. Copy of resolution on file. Closed Door Session to Discuss Labor Negotiations. Mayor Werner adjourned the open door session at 7:29 p.m. Mayor Werner opened the closed door session at 7:33 p.m. Council members Hicks, Moratzka, Schultz, and Mayor Werner present. City Administrator Osberg and Assistant City Administrator Melanie Mesko Lee present. City Attorney Shawn Moynihan arrived at 7:38 p.m. Mayor Werner adjourned the closed door session at 7:45 p.m. Mayor Werner reconvened the open door session at 7:45 p.m. Adjournment Moved by Councilmember Moratzka; seconded by Councilmember Schultz to adjourn the meeting at 7:45 p.m. 4 Ayes; Nays, None. Mayor ATTEST City Clerk Date: 03/03/2005 Department -------------------- COUNCIL AND MAYOR COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK FINANCE FINANCE FINANCE FINANCE FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINI'ENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING PLANNING PLANNING PLANNING M.I.S. Time: 14:33:11 Operator: BECKY KLINE CITY OF HASTINGS FM En~ry - Invoice Payment . Department Report Vendor Name Description -----..------------- ------------------------ PREMIUM APPAREL CO SPRINT EMPLOYEE REG PROGRAM/ 20 TELEPHONE/ FEB Total for Department 102 FARMER BROS CO. COFFEE FORTIS BENEFITS INS LTD PREMIUM/MAR MATT PARROTT 6. SONS PAYROLL CHECKS MIDWEST EAP SOLUTION EAP SERVICES OFFICE MAX A BOISE ENVELOPES OFFICE MAX A BOISE FOLDERS/ BOXES OFFICE MAX A BOISE PAPER OFFICE MAX A BOISE PRINT CARTRIDGES OFFICE MAX A BOISE TOENJES/ NOTARY STAMP S~INT ~~NE/ FO WELLS FARGO BANK/ CR MICROSOFT OFFICE Total for Department 105 ALLINA MEDICAL CLINI REPLACE CK 20158 FORTIS BENEFITS INS LTD PREMIUM/MAR OFFICE MAX - A BOISE ELECTION SUPPLIES SPRINT TELEPHONE/ FEe WELLS FARGO BANK/ CR MICROSOFT OFFICE Total for Department 107 FORTIS BENEFITS INS SPRINT STARK, CHARLENE STARK, CHARLENE WORK CONNECTION INC WORK CONNECTION INC LTD PREMIUM/MAR TELEPHONE! FO EXPENSE REIMBURSEMENT/CO EXPENSE REIMBURSEMENT/MN KAISER/ WEEK ENDING 2/20 KAISER/ WEEN ENDING 2/13 Total for Department 120 DALCO WET !DRY VAC FORTIS BENEFITS INS LTD PREMIUM/MAR MARIE DAVID GROUP FLAGS! FD MINNESOTA CHEMICAL C HOSES! LAUNDRY MACHINES MINNESOTA CHEMICAL C MILNeR LAUNDRY MACHINE/ MINNEGASCO, ,ACCT S PA MONTHLY GAS/ FEB NEXTEL COMMUNICATION CELL PHONE SERVICE SPRINT TELEPHONE/ FEB WELLS FARGO BANX/ CR MICROSOFT OFFICE Total for Department 140 DAKOTA COUNTY PROPER RECORDING FEES FORTIS BENEFITS INS LTD PREMIUM!MAR INSIGHT PUBLIC SECTO JENSON/ ACROBAT JENSON, KRISTINE MILEAGE REIMBUSRSEMNT SPRINT TELEPHONE/ FES Total for Department 150 DELL DIRECT SALES L. SERVER / WEB VI.1 page: 1 Amount ------------ 131. 00 13.50 144.50* 25.63 39.70 312.51 2,300.00 39.60 74.40 28.64 207.61 22.68 200.21 114.99 3,365.97* 123.50 11.00 392.87 13.50 182.99 723.86* 48.64 100.83 310.00 42.54 308.00 308.00 1,118.01* 593.48 14.79 142 . 05 31.95 8,305.67 5,461.56 43.36 42.68 114.99 14,750.53* 29.50 32.35 273.19 32.56 67.48 435.08* 3,060.54 Date: 03/03/2005 Time: 14:33:11 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ M.LS. M.I.S. M.LB. M.I.B. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUILDING AND BUILDING AND BUILDING AND BUILDING AND PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS DELL DIRECT SALES L. SERVER/ ENG FORTIS BENEFITS INS LTD PREMIUM/MAR SPRINT TELEPHONE/ FEB WELLS FARGO BANK/ CR SONIC WALL/ MAINT Total for Department 160 BOUND TREE/NORTH AME FIRST AID SUPPLIES BREWER KAREN UNIFORM ALLOWANCE CITY OF HASTINGS PETrY CASH REPLENISH CUB FOODS DARE GRADUATION ITEMS DE !.AGE LANDEN FINAN DICTATION SYSTEM FORTIS BENEFITS INS LTD PREMIUM/MAR GRAPHIC DESIGN OFFICE SUPPLIES HICKS WAYNE JOI CONFERENCE EXPENSES NEXTEL COMMUNICATION CELL PHONE SERVICE OFFICE MAX - A BOISE OFFICE SUPPLIES SPRINT TELEPHONE/ FEa TROPHIES PLUS DARE GRAD PLAQUE WALMART COMMUNITY SUPPLIES/ GENERAL Total for Department 201 INSPECT CITY OF HASTINGS PETTY CASH REPLENISH INSPECT FORTIS BENEFITS INS LTD PREMIUM/MAR INBPECT NEXTEL COMMUNICATION CELL PHONE SERVICE INSPECT SPRINT TELEPHONE/ FEB Total for Department 230 ANDERSEN, E.F. &: ASS CONES/ SIGNS FORTIS BENEFITS INS LTD PREMIUM/MAR GRAPHIC DESIGN BUS CARDS/ EGGER H &: L MESABI BLADES LI'ITLE FALLS MACHINE AUGAR MOTOR LI'ITLE FALLS MACHINE CASTLE NUTS MACQUEEN EQUI PMENT, BLADES MAHONEY, PAUL CLOTHING ALLOWANCE MIKISKA, BRAD MILEAGE REIMBURSEMENT MINNEGASCO,ACCT'S PA MONTHLY GAS/ FED NORTHLAND CHEMICAL S SUPPLIES SPRINT DATA CONNECTIONS SPRINT TELEPHONEI FES TAYLOR TECHNOLOGIES, SOFTWARE PHONE SUPPORT WOLFE, JUSTIN MILEAGE ZARNOTH BRUSH WORKS. BROOMS/ SHOES Total for Department 300 PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/MAR Total for Department 401 Total for Fund 101 page: 2 Amount ------------ 3,060.54 16.67 26.99 530.00 6,694.74* 117.48 211.96 19.00 4.03 290.05 445.23 292.88 144.64 51.16 210.64 682.24 19.17 174.32 2,662.80* 48.00 63.22 201.94 82.98 396.14* 609.39 235.08 57.51 701.54 387.32 48.02 325.40 250.00 7.29 1,331.88 105.70 149.29 224.58 55.00 32.40 678.30 5,198.70* 8.34 8.34* 35,498.67* . Da~e: 03/03/2005 Time: 14:33:12 Opera~or: BECKY KLINE CITY OF HASTINGS FM En~ry - Invoice Paymen~ - Depar~ment Repor~ Depar~men~ Vendor Name Descrip~ion -------------------- -------------------- ------------------------ PARKS AND RECREATION FORTIS BENEFITS INS LTD PREMIUM/MAR PARKS AND RECREATION GORDY'S GLASS INC LEXAN/ SIGN PARKS AND RECREATION H &: L MESABI SNOW PLOW BLADE PARKS AND RECREATION LEAGUE OF MN CITIES WORKSHOP/ BEi:RNSTEIN &: SM PARKS AND RECREATION MINNEGASCO,Accr'S PA MONTHLY GAS/ FEB PARKS AND RECREATION MOTOR PARTS SERVICE OIL FILTER PARKS AND RECREATION MOTOR PARTS SERVICE TRANSMISSION FLUID PARKS AND RECREATION MTI DI STRIBUTING COM TORO SNOWBLOWER PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION SPRINT DATA CONNECTIONS PARKS AND RECREATION SPRINT TELEPHONE/ FEB Total tor Department 401 Total for Fund 200 PARKS AND RECREATION FORTIS BENEFITS INS LTC PREMIUM/MAR PARKS AND RECREATION JOHNSON, DAREIB A.D REIMBURSE/ TAPE PARKS AND RECREATION MINNEGASCO,ACCTtS PA MONTHLY GAS/ FEB PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION SPRINT TELEPHONE/ FES Total for Department 401 Total for Fund 201 CABLE SPRINT TELEPHONEj FES Total for Department 420 Total for Fund 205 CABLE HASTINGS ACCESS CORP ACCESS SUPPORT Total for Department 420 Total for Fund 206 HERITAGE PRESERVATIO FORTIS BENEFITS INS LTC PREMIUM/MAR HERITAGE PRESERVATIO SMITH, CINDY REIMBURSE/ PHOTO REPRO HERITAGE PRESERVATIO SPRINT TELEPHONE/ FEB Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE ANCOM COMMUNICATIONS BATTERY ANCOM COMMUNICATIONS MOBILE RADIO CARLSON AUTO TRUCK I REPAIR 14 91 DAKOTA COUNTY FIRE C MEMBERSHI P DUES EMERGENCY APPARATUS VALVE/ 1482 FIRE INSTRUCTORS ASS SCHUTT/DUES FORTIS BENEFITS INS LTD PREMIUM/MAR GRAYBAR ELECTRIC COLEMAN CABLE MINNEGASCO,ACCT'S PA MONTHLY GAS/ FEB page: 3 Amount ------------ 75.10 59.64 120.35 40.00 3,263.27 9.80 22.88 10,261. 28 292.89 298.58 271.44 14,715.23* 14,715.23* 19.87 38.33 235.98 41. 68 122.39 458.25* 458.25* 13.50 13.50* 13.50* 35,000.00 35,000.00* 3,5,000.00* 1.67 21.25 13.50 36.42* 36.42* 743.37 3,401. 00 749.14 50.00 503.79 10.00 209.28 355.27 2,634.17 Date: 03/03/2005 Time, 14: 33: 12 Operator: EECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report page: 4 Department Vendor Name Description Amount -------------.------ -----..------------- ------------------------ ------------ FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE NEXTEL COMMUNICATION CELL PHONE CHARGES PAULSON CHARLES REIMBURSE/ SAFETY GLASSE PJS AND ASSOCIATES I ROPE BAG/ PADS SCHUTl', MIKE EXPENSE REIMBURSEMENT SELESKI, PAUL TOOLS! 1490! REIMBURSEME SIDELINE SIGNS " GRA LETTERING! RESCUE TRUCK SMOKE EATERS 48 SUBSCRIPTIONS SPRINT TELEPHONE! FED WALGREEN'S FILM WALGREEN'S NDS SETS WALMART COMMUNITY SUPPLIES WARD DIESEL FILTER S NO SMOKE DIESEL EXHAUST WINGFOOT COMMERCIAL TIRES/ 1483 Total for Department 210 AMBULANCE AMBULANCE MOORE MEDICAL CORP. MEDICAL SUPPLIES MOTOR PARTS SERVICE FILTER Total for Department 220 Total for Fund 213 PARKS AND RECREATION POLARIS GROUP Total for OOCK/ PROF SERVICES Department 401 Total for Fund 401 HOUSING AND REDEVELO BELSON OUTDOORS INC WATER FOUNTAIN HOUSING AND REDEVELO DAKOTA COUNI'Y TREAS- TIF PARCELS/ 2005 Total for D~partment 500 Total for Fund 402 HOUSING AND REDEVELO BRADLEY" DEIKE PA GENERAL MATTERS HOUSING AND REDEVELO EHLERS & ASSOC TIF #4 CONSULTING HOUSING AND REDEVELO EHLERS " ASSOC TIF #4 CONSULTING SERVIC HOUSING AND REDEVELQ FORTIS BENEFITS INS LTC PREMIUM/MAR HOUSING AND REDEVELO SEH ENGINEERS TIF #4/ RDIST HOUSING AND REDEVELQ SPRINT TELEPHONE/ FED Total for Department 500 Total for Fund 404 HOUSING AND REDEVELQ DAKOTA COUNI'Y TREAS- TIF PARCELS/ 2005 Total for Department 500 Total for Fund 405 ECONOMIC DEVELOPMENT FORTIS BENEFITS INS L'I'D PREMIUM/MAR Total for Department 180 134.12 438.55 153.31 178.65 231. 95 745.00 264.00 457.43 10.99 22.10 258.34 34,272.00 2,565.66 48,388.12* 221. 00 10.96 231.96* 48,620.08* 3,625.00 3,625.00* 3,625.00* 1,675.00 3,455.00 5,130.00* 5,130.00* 12.50 6,737.50 6,725.00 15.68 1,693.75 13.50 15,197.93* 15,197.93* 435.00 435.00* 435.00* 3.33 3.33* Date: 03/03/2005 Time: 14:33:12 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 5 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Fund 407 PUBLIC WORKS BRAUN INTBRTEC DOWNTOWN RE-DEVELOPMENT Total for Department 300 Total for Fund 495 DEBT DAKOTA COUNTY TREAS - ASSESSMENT FEES Total for Department 700 Total for Fund 500 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 520 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 521 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 522 DEBT DAKOTA COUNTY TRBAB- ASSESSMENT FEES Total for Department 700 Total for Fund 523 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 589 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 597 DEBT DAKOTA COUNTY TREAS- ASSESSMENT FEES Total for Department 700 Total for Fund 598 DEBT DAKOTA COUNTY TREA$- ASSESSMENT FEES Total for Department 700 3.33* 3,248.00 3,248.00* 3,248.00* 258.00 258.00* 258.00* 123.00 123.00* 123.00* 402.00 402.00* 402.00* 327.00 327.00* 327.00* 399.00 399.00* 399.00* 213.00 213.00* 213.00* 195.00 195.00* 195.00* 111.00 111.00* 111.00* 204.00 204.00* Date: 03/03/2005 Time: 14:33:12 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 6 Department Vendor Name Description Amount Total for Fund 599 -------------------- ---------------.-.-- ------------------------ ------------ 204.00* PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BERRY COFFEE COFFEE DAKOTA COUNTY TREAS- ASSESSMENT FEES FORTIS BENEFITS INS LTC PREMIUM/MAR MINNEGASCO,ACCT'S PA MONTHLY GAS/ FEB MN DEPARTMENT OF REA MN TESTING FEE O'BRIEN, JOE CHEVROL REPAIRS/ SUPPLIES SHERWIN-WILLIAMS PAINT/ SUPPLIES SPRINT DATA CONNECTIONS SPRINT TELEPHONE/ FEB Total for Department 300 Total for Fund 600 PUBLIC WORKS PUBLIC WORKS DAKOTA COUNTY TREAS- ASSESSMENT FEES FORTIS BENEFITS INS LTC PREMIUM/MAR Total for Department 300 Total for Fund 601 CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK BOYER FORD TRUCKS BRAKE KIT FORTIS BENEFITS INS LTC PREMIUM/MAR FRIESE TOM MILEAGE REIMBURSEMENT NEXTEL COMMUNICATION CELL PHONE SERVICE SPRINT TELEPHONE/ FED Total for Department 107 Total for Fund 610 PARKS AND RECREATION FAIR OFFICE WORLD OFFICE SUPPLIES PARKS AND RECREATION FARMER BROS CO. COFFEE SUPPLIES PARKS AND RECREATION FERRELLGAS 7 FILLS PARKS AND. RECREATION FORTIS BENEFITS INS LTC PREMIUM/MAR PARKS AND RECREATION JAYTECH, INC. BIOSCAN TEST PARKS AND RECREATION METRO CASH REGISTER REGISTER RIBBONS PARKS AND RECREATION MIDWEST COCA-COLA DT POP SUPPLIES PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS/ FEB PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE PARKS AND RECREATION OSS LIATRA LEARN TO SKATE/S HRS PARKS AND RECREATION R & R SPECIALITIES, BLADE SHARPS PARKS AND RECREATION SPRINT DATA CONNECTIONS PARKS AND RECREATION SPRINT TELEPHONE/ FEB PARKS AND RECREATION SUBURBAN EAST CONFER GAME ENTRANCE FEE/ BALAN PARKS AND RECREATION SYSCO, MINNESOTA CONCESSION SUPPLIES PARKS AND RECREATION SYSCO, MINNESOTA SALT PARKS AND RECREATION WHEELER HARDWARE DOOR CLOSERS Total for Department 401 Total for Fund 615 42.00 39.00 113.30 1,330.30 8,429.00 169.87 69.28 149.29 130.10 10,472.14* 10,472.14* 15.00 47.58 62.58* 62.58* 106.30 50.59 17.82 41.22 17.50 233.43* 233.43* 105.40 123.26 95.58 51.39 79.88 94.07 687.00 6,738.45 103.62 656.00 74.50 298.56 97.17 1,057.08 818.20 145.90 297.56 11,523.62* 11,523.62* Date: 03/03/2005 Time: 14:33:13 Operator: BECKY KLINE Page: 7 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PUBLIC NQRKS FORTIS BENEFITS INS LTD PREMIUM/MAR 15.90 PUBLIC WORKS SPRINT TELEPHONE/ FEB 42.68 Total for Department 300 58.58* Total for Fund 620 58.58* PLANNING BRADLEY & DEIKE PA SHERMAN'S PROJ/ ESCROW F 250.00 PLANNING EHLERS & ASSOC THREE RIVERS BLOCK 2 ESC 437.50 Total for Department 150 687.50. PUBLIC WORKS BARR ENGINEERING CO. COMPILE RIVERWOOD LOMR 452.00 Total for Department 300 452.00* HOUSING AND REDEVELO BRADLEY & DEIKE PA SHERMAN'S PROJ/ ESCROW F HOUSING AND REDEVELO Em..ERS & ASSOC SHERMAN PROJ MGMT Total for Department 500 Total for Fund 807 887.50 1,575.00 2,462.50* 3,602.00* Grand Total 190,165.76* March 7, 2005 Mayor Werner I i I ! QtyofH6I;~ ..><"....,.":<."'"'....,..',,..""'''1''''''.,.,,'''_~''''''''''._~ Ma'l'LnIUm To: City Council From: Becky Kline, Finance Department Date: 03/0112005 The attached Department Report itemizes vouchers that were paid on March 1, 2005. Thank you. Date: 03/01/2005 Time: 09:32:46 Operator: BECKY KLINE CITY OF HASTINGS FM Entry ~ Invoice Payment . Department Report Description Department Vendor Name ~~~~~---~--------------- --------~~----~~---- ------------~~----~- CITY' CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY' CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK CITY CLERK LEGAL MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE L.E.L.S. 02/25 PAYROLL DEDUCTIONS LOCAL UNION 49 02/25 PAYROLL DEDUCTIONS LOCAL 320 02/25 PAYROLL DEDUCTIONS MINNESOTA NCPERS 02/25 PAYROLL DEDUCTIONS MN CHILD SUPPORT PMT 02/25 CASE 001386~4701 MN CHILD SUPPORT PMT 02/25 CASE 00143545260 TEAMSTERS 320 WELFAR 02/25 PAYROLL DEDUCTIONS Total for Department 000 GRAPHIC DESIGN WINTER NEWSLETTER HASTINGS STAR GAZETT BIDS/POLICE VEH HASTINGS STAR GAZETT CENT SO/ SO OAKS HASTINGS STAR GAZETT CHAP la/HOME ASSC HASTINGS STAR GAZETT COMM REL HASTINGS STAR GAZETT FARMLAND LEASE PROP HASTINGS STAR GAZETT NOTICE PUB HEARING HASTINGS STAR GAZETT ORD 514/HOME OCC HASTINGS STAR GAZETT ORD 522/REZONE VITT HASTINGS STAR GAZETT ORD 526 HASTINGS STAR GAZETT ORD 527 HASTINGS STAR GAZETT PLAN COMM/TIF HASTINGS STAR GAZETT POL CLERICAL HASTINGS STAR GAZETT POLLING PLACE LaC HASTINGS STAR GAZETT PRELIM PLAT BOLeK 2 HASTINGS STAR GAZETT PUB Ace TEST HASTINGS STAR GAZETT REDEV PLAN MOD HASTINGS STAR GAZETT REZONE HASTINGS STAR GAZETT REZONE 407 TYLER HASTINGS STAR GAZETT vn/ DAVE WARG M.P.E.L.R.A. DUES/ ACTIVE MEMBER MONSTER, INC POSTING/ COMM RELATIONS ST CLOUD TIMES ENG SUPER POSITION PUB Total for Department 107 FLUEGEL & MOYNIHAN P LEGAL FEE Total for Department 130 ALBERS MECHANICAL CO COIL REPAIR/ CH DALCO CLEANING SUPPLIES FASTENAL COMPANY SUPPLIES GRAINGER, W. W. INC. CLEANING SUPPLIES GRAINGER, W.W. INC. EQUIP PARTS/ CH GRAINGER, W.W. INC. SUPPLIES/ FD MENARDS SUPPLIES NORTHERN SAFETY CO I SAFETY HARNESS ORKIN PEST CONTROL PEST CONTROL T.D. 'S CLEANING FEB CLEANING TOWER CLEANING SYSTE CLEANINC I CH VOSS LIGHTING BALLAST/ CH XCEL ENERGY MONTHLY ELECTRICITY/FED Total tor Department 140 Page: 1 Amount ---~~_.--~~- 592.00 720.00 921.00 144.00 438.39 238.57 520.00 3,573.96* 2,612.00 46.65 35.40 24.75 298.00 17.70 212.55 218.40 53.10 44.25 97.35 17.70 298.00 65.40 35.40 49.05 106.20 26.55 26.55 35.40 150.00 365.00 6.94 4,842.34* 11,250.00 11,250.00* 216.00 108.72 200.42 17.71 53.94 8.90 5.39 211.47 91.30 1,150.80 1,196.21 32.18 2,541.37 5,834.41* Date: 03/01/2005 Time: 09:32,46 Operator: BECKY KLINE CITY OF HASTINGS PM Entry - Invoice Payment - Department Report page: 2 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BOUND TREE/NORTH AME FIRST AID SUPPLEIS DAKOTA COUNTY SHERIF DISPATCH SERVICE GRAPHIC DESIGN OFFICE SUPPLIES MN CHIEFS OF POLICE MCMENOMY/ STATE CONFEREN OFFICE MAX - A BOISE OFFICE SUPPLIES SHAMROCK ANIMAL CLIN DOG KENNEL STORAGE SPRINT (CELL PHONES) MDT VISION CARD CONNECTI XCEL ENERGY MQNTm..Y ELECTRICITY/FEB Total for Department 201 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS REPLACE CHECK 15533 COIL RAKE POSTER FRAMES/ PRINTER C SUPPLIES MONTHLY ELECTRICITY/FED FOX, LEO M. WALMART COMMUNITY WALMART COMMUNITY WALMART COMMUNITY XCEL ENERGY Total for Department 300 Total for Fund 101 SKID LOADER IMP PLATES POOL/ ENG WORK WORKSHOP CLEANING SERVICE OXYGEN SUPP LIGHT BULBS MONTHLY ELECTRICITY/PEB Total for Department 401 PARKS AND RECREATION BAHLS SERVICE PARKS AND RECREATION ENCOMPASS INC PARKS AND RECREATION MN RECREATION /PARl< PARKS AND RECREATION TOWER CLEANING SYSTE PARKS AND RECREATION UNITED RENTALS PARKS AND RECREATION VIKING ELECTRIC PARKS AND RECREATION XCEL ENERGY Total for Fund 200 PARKS AND RECREATION COLT m..ECTRIC INC. PARKS AND RECREATION XCEL ENERGY Total for REWIRE POOL OUTDOOR LIGH MONTHLY ELECTRICITY/FEB Department 401 Total for Fund 201 MINNESOTA NCPERS 02/25 PAYROLL DEDUCTIONS Total for Department 000 FIRE FIRE FIRE FIRE FIRE CHRISTIANSON, MICHAE TONER CARTRIDGES DAKOTA COUNTY FIRE C SAFETY TRAINING/ 37 PEaS ORAYBAR ELECTRIC TOOLS/ BUCKET GRAYBAR ELECTRIC WIRING DEVICES XCEL ENERGY MONTm..Y ELECTRICITY/FO Total for Department 210 AMBULANCE PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Total for Fund 213 25.11 88,974.00 251.34 290.00 511.05 462.08 933.38 36.05 91,483.01* 37.28 16.95 157.62 73.65 13,450.36 13,735.86* 130,719.58* 266.25 3,465.00 27.50 500.55 25.56 95.85 2,517.05 6,897.76* 6,897.76* 150.00 197.16 347.16* 347.16* 64.00 64.00* 669.93 740.00 114.72 152.21 770.60 2,447.46* 241. 36 241.36* 2,752.82* Date: 03/01/2005 Time: 09:32:46 Operator: BECKY KLINE page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description ~.~--_._------------ -------------------- ------------------------ HOUSING AND REDRVELO HASTINGS STAR GAZETT HERITAGE COMM HOUSING AND REDEVELQ HASTINGS STAR GAZETT HRA COMM HOUSING AND REDEVELO HASTINGS STAR GAZETT HRA PROP EXCH HOUSING AND REDEVELQ HASTINGS STAR GAZETT HRA/ DOWNTOWN REDEV Total for Department 500 Total for Fund 404 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS COLT ELECTRIC INC. MINNESOTA NCPERS T .D. 'S CLEANING WALMART COMMUNITY WALMART COMMUNITY XCEL ENERGY Total PUMPHOUSE REPAIRS 02/25 PAYROLL DEDUCTIONS FEB CLEANING CLEANING SUPPLIES SUPPLIES MONTHLY ELECTRICITY/FEB for Department 300 Total for Fund 600 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS FURNITURE HOUSE/OAK INFRATECH KCES XCEL ENERGY Total for REIMBURSE/ SEWER REPAIRS SEWER TELEVISING WASTEWATER FLOW MARCH MONTm.Y ELECTRICITY/FEB Department 300 CITY CLERK Total for Fund 601 MINNESOTA NCPERS Total for 02/25 PAYROLL DEDUCTIONS Department 107 Total for Fund 610 PARKS AND PARJ<S J\ND RECREATION MINNESOTA NCPERS RECREATION XCEL BNERGY Total for 02/25 PAYROLL DEDUCTIONS MONTHLY ELECTRICITY/FEB Department 401 Total for Fund 615 PUBLIC WORKS PUBLIC WORKS MINNESOTA NCPERS XCEL ENERGY Total for 02/25 PAYROLL DEDUCTIONS MONTm.Y ELECTRICITY/FED Department 300 Grand Total Total for Fund 620 Amount ------------ 66.00 49.50 17.70 26.55 159.75* 159.75* 535.90 32.00 319.50 68.10 49.05 7,251.46 8,256.01* 8,256.01* 250.00 1,275.00 71,824.59 927.62 74,277.21* 74,277.21* 16.00 16.00* 16.00* 16.00 9,015.43 9,031.43* 9,031.43* 16.00 6,421.89 6,437.89* 6,437.89* 238,895.61* VI-2 Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6175 Fax 651-437-5396 www.ci.hastings.mn.us Date: 2/28/05 To: Honorable Mayor and City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Seeking formal bids for Aquatic Center Construction Background Information: The Parks and Recreation Department is requesting approval to seek formal bids to replace the existing pool coping stones. Upon receiving construction proposals, bids will be brought before to council for approval. It is anticipated that the construction will take place in the fall. An inspection of all coping stones will take place in the spring and if it is determined that any stones are in need of replacement, they will be replaced. The pool will operate in the safest environment as possible until all stones are replaced. Council Action Requested: 1. To approve the request for seeking bids 2. Not to approve the request 3. Send back to committee for further discussion REF: City Council/memo copping stone RFP proposaJ 2005 VI-3 401 Ramsey 51 Rezoning City Council Memo - March 7, 2005 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 7, 2005 Subject: Order Public Hearing - 401 Ramsey St - Public Hearing - Rezoning #2005-15 to rezone property from R-2, Medium Density Residence to RMU Residential Mixed Use. REQUEST The City of Hastings, on behalf of Marjorie Beissel, is requesting that property located at 401 Ramsey 8t be rezoned from R-2, Medium Density Residence to RMU Residential Mixed Use. RECOMMENDATION Council is asked to order a public hearing for Monday, March 21, 2005. The Planning Commission reviewed this item at their February 28th meeting. Four Commissioners voted to recommend Approval of the rezoning, while one Commissioner voted against and the other Commissioner abstained (one Commissioner was absent). BACKGROUND INFORMATION Comprehensive Plan Classification The request is consistent with the 2020 Comprehensive Plan designation of MXD - Mixed Use District. This is a new district created for the 2020 Comprehensive Plan for the downtown area to incorporate the mix of commercial and residential uses in the area. Zoning Classification The block on which this property sits is all zoned R-2, Medium Density Residential. The block to the west is the Guardian Angels Development, which is zoned R-4, PRD High Density Residential. 401 Ramsey 51 Rezoning City Council Memo - March 7, 2005 Page 2 Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South Existina Use 4th Street East Duplex Home R-2 Med. Dens. Res. MXDMixedUse Single Family HomeR-2 Med. Dens. Res. MXD Mixed Use Alley Triplex Home Ramsey Street Guardian Angels Church R-4 PRD High Den Res MXDMixedUse Zonina Comp Plan R-2 Med. Dens. Res. MXDMixed Use West Existing Condition The existing site has a residence constructed in 1875. The current owner wishes to sell the property as it is currently being used - a five unit building. There are no building permit records to indicate when the additional units were added, which could mean the units were added prior to the requirement of building permits. For the purposes of this rezoning, if approved, the building would be a conforming use. Additional units would not be permitted to be added unless a variance to the parking requirements is granted (see below). Parking The parking code requires two off-street parking spaces per unit in all residential districts. This site appears to have room for 6 vehicles off-street, where 10 would be required under the code. It should be noted that there does not appear to be a parking problem in the neighborhood, and Staff has not received any complaints of parking regarding that residence. The parking code does permit residential uses in all districts except R-1 and R-2 to utilize off-site parking upon approval from the City Council. Off-street parking must be within 400 feet of the building or lot being served. The municipal lot, directly east of City Hall, is approximately 150 feet from 401 Ramsey and could be utilized for this purpose. ATTACHMENTS . Location Map . District Guidelines for R-2 and RMU :;) 0 0 ~ .....~ ~+~ c:: (/)0:: 0 +:: ~o I ro Illh! II i u (I)..... 0 IJ)N ::J :;: ..J L- a> C' ~ I I I I I I I I I I ! ! . .c - cuO:: } Q) i:i5 0::(1) I I ! ! ! Ii! ! I ! ! I ! I ! ! i ! ! I !! I! u. Q) II T""C - 00 to 0 ~N fi... 0....... ..... ..i.O c. .. 5 ~ to ~ . . . I W I- en :I: t;: RAMSEY ST w w I- I- en en :I: :I: I- I- It') co SECTION 10.13A. R-2 - MEDIUM DENSITY RESIDENCE. SUBD.1. Intent. The intent of this Chapter in establishing a medium density residence district is to protect those residential areas within Hastings that were developed in most part prior to World War II, encroachment from potential conflicting uses, and to provide for future residential and related development consistent with proper existing development and with minimum standards for the provision of health, light, air and visual appeal. SUBD. 2. Uses Permitted. A. Same as permitted in the R-1 Low Density Residence District. B. Two family/multiple family dwellings, including both new construction and conversions of existing single family dwellings. C. Fire Stations and Library. D. Bed and Breakfast lodging facilities subject to the following criteria: 1. That the facility shall be part of a formally designated local, state, or national historical structure. 2. That a maximum of ten bed and breakfast units may be established in a structure. 3. That the facility shall have a minimum size of 2,500 gross square feet. 4. That all bed and breakfast units shall be established within the principle structure. 5. That one off street parking space shall be provided for the home plus one space for each bed and breakfast unit. 6. That not more than one identification sign not exceeding two square feet in area may be attached to each wall that faces a street. 7. That the lot on which a bed and breakfast facility is proposed shall have a minimum area of 7000 square feet plus 1000 square feet for each unit in excess of five units. SUBD. 3. Uses by Special Permit. A. Residential Care Facilities-dependent and semi-independent subject to the conditions listed at Section 10.12, Subd. 3B. B. Neighborhood Commercial subject to the site plan requirements of Section 10.27, and the following provisions: 1. Any business related activity occurring on the premises shall not cause any adverse changes to the residential character of the neighborhood. 2. Adherence to the minimum parking standards of Section 10.09. 3. The operation of any retail business, unless it is conducted entirely by mail, is prohibited. On-site sales shall be limited to those clearly incidental to services provided in the dwelling. City of Hastings Code Book Chapter 10 Page 64 of 93 4. Operation of any business shall be in conformance to the residential character of the neighborhood. 5. Location of the property shall be considered. Properties not fronting on a major roadway or adjacent to a commercial zoning district may be unsuitable for operation of a neighborhood commercial uses. 6. Any exterior changes necessary to conduct the business shall be sufficiently screened, properly designed, or separated by distance so as to be consistent with existing adjacent residential uses and compatible with the residential nature of the neighborhood. 7. Shipment and delivery of products, merchandise, or supplies shall be limited to between 7:00 a.m. and 6:00 p.m. and shall occur only in single rear axle straight-trucks or smaller vehicles normally used to serve residential neighborhoods. 8. Any interior changes necessary to conduct the business shall comply with all building, electrical, mechanical, and fire codes governing the use in a residential occupancy. 9. Signage may consist of not more than one single faced unlighted wall sign per home with a maximum area of two square feet. 10. The conduct of the business shall not generate noise, glare, vibrations, fumes, odors, or electrical interference detectable to normal senses outside of the dwelling unit. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television. 11. No traffic shall be generated by such business in greater volumes than would normally be expected in a residential neighborhood. The home occupation shall not increase parking requirements by more than four additional parking spaces at any given time in addition to the parking spaces required by the occupants. Any need for parking generated by the conduct of the home occupation shall be met off of the street. 12. No business shall be allowed which jeopardizes the health and safety of city residents. 13. The Fire Marshal may conduct a fire safety inspection of the space proposed to be used for the home occupation. Occupancy shall meet all applicable fire codes prior to opening for business as well as thereafter. C. Towers as regulated by Section 10.05 Subd. 12 of this chapter. City of Hastings Code Book Chapter 10 Page 65 of 93 SECTION 10.16 RMU - RESIDENTIAL MIXED USE DISTRICT. SUBD. 1. Intent. The intent of the RMU zone is to encourage the development of higher density multiple family dwellings and limited commercial activities adjacent to the downtown area to support the activities in the Downtown Core District, to serve as a transitional district from commercial to lower density residential districts, provide an area for restricted commercial activities and to provide a variety of housing types to satisfy individual preferences and financial capabilities. SUBD. 2. Uses Permitted. A. Multiple family dwellings. B. Library, public and private schools, and similar uses of a public service nature. C. Accessory uses incidental to the foregoing principle uses including, but not limited to, garages, and recreational facilities. D. Home Occupations in accordance with Section 10.12, Subd. 2. E. Planned Residential Developments in accordance with Section 10.14, Subd. 2 F. Commercial activities are permitted but limited to the first floor of the building, and shall not exceed 50 percent of the entire structure. Source: Ordinance 477, Second Series Effective Date: 10/21/02 SUBD. 3. Uses by Special Permit. A, Multiple family dwellings greater than 40 feet in height as measured by the Uniform Building Code. B. Neighborhood Commercial subject to the requirements of Section 10.13, Subd. 3b. SUBD.4. Building and Site Design. Approvals granted through building permit, site plan, special use permit, or planned residential development shall require conformance with the Original Hastings Design Guidelines as adopted by the City Council. VI.4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 7, 2005 Subject: First Reading\Order Public Hearing: Ordinance Amendment #2005- 17 - Shoreland Ordinance - Downtown Development REQUEST The City Council is asked to consider first reading and order a public hearing to approve the attached amendments to Chapter 16 - Shoreland Management of the City Code. The Public Hearing would be held at the April 4, 2005 City Council Meeting on approval by the Council. RECOMMENDATION The Planning Commission recommended unanimous approval ofthe proposed changes at the February 28, 2005 meeting. ATTACHMENTS . Ordinance Amendment HISTORY The existing Ordinance was adopted from the DNR template ordinance in 1994. The ordinance is geared primarily at new development. Many problems have arisen in trying to regulate development in the more dense areas of downtown and surrounding, neighborhoods. MAJOR OBJECTIVES The following major objectives were identified in amending the Shoreland Ordinance: 1) Ensure for the redevelopment of Downtown consistent with the Heart of Hastings Master Plan. Addressed in the amendment - Agreement with DNR. 2) Provide better conformity between Shoreland lot sizes and R-2 regulations; the current minimum Shoreland Lot size of 15,000 square feet is double the 7,000 s.f. minimum R-2 size. Not addressed in the amendment, still working with DNR. MAJOR CHANGES Major changes include the following: 1) Raise the maximum height requirement for downtown buildings from to no higher than the Finch Building See Page 21 2) Increase maximum impervious surface coverage from 25 to 35 percent. Allow buildings existing before 1994 up to 75 percent coverage; and above 75 percent by special use permit. See Page 26 3) Establish Planned Residential Development procedures for downtown and new development areas. See Page 34 4) Update references to new city ordinances and yhanges in state regulations. 5) Better tie in requirements of other chapters of the City Code including Zoning, Subdivison, Flood Plain, and Stormwater Management. 6) Amend variance procedure to be consistent with that of the Zoning Code. 7) Delete specific land use district requirements for Shoreland - Use those of the Zoning Ordinance instead. 8) Eliminate separate height and front yard setback requirements - must comply with zoning only. 9) Prohibit all feedlots, intensive vegetation clearing, and metallic mining in Shoreland Districts DRAFT NO.6 March 7, 2005 City Council 1st Reading CHAPTER 16 SHORELAND MANAGEMENT ORDINANCE SECTION 16.01 - STATUTORY AUTHORIZATION AND POLICY Subd.1. Statutorv Authorization This shoreland ordinance is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 10a3F, Minnesota Regulations, Parts 6120.2500 - 6120.3900, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462. Subd.2. Policv The uncontrolled use of shorelands of the City of Hastings, Minnesota affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The Legislature of Minnesota has delegated responsibility to local govemments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the City of Hastings. SECTION 16.02 - GENERAL PROVISIONS AND DEFINITIONS Subd.1. Jurisdiction and Boundaries 1.1 The provisions of this ordinance shall apply to the shorelanes of the public water bodies as classified in Section 16.04,Q of this ordinance. PI,IF6UaRt to Minnosota Re~l,IlatioRs, PaFts 6120.2500 6120.agOO, Re lake, J3eRE;!, or fte'l.'a~e less tt-laA 1 g ac;r-es iA size Aoefil 130 FO~l,Ilated iA a leGal ~OVerRmeAt's shoreland re~ulatioAs. .^. t:JsE;!y of water Greateel t:Jy a pri'/ate user wt-ler-e tt-leFO was AS wovisus st-lorelaR€I may, at tt-le filiscrotioA of tt-lo gO'/erRiA~ boEly, be exempt fr-em tt-lis oFEliAanc;o. 1.2 The shorelands within the Citv of Hastinas is herebv established as the Shoreland Overlav District with its attendant reaulations. The boundaries of Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 " Reading - March 7, 2005 Page 2 of 37 the Shoreland District are established within 1000 feet from the ordinary hiah water level of a lake. pond or flowaae that is areater than ten (10) acres in size and 300 feet from a river or stream. or the landward extent of a flood plain desianated bv ordinance on a river or stream. whichever is areater. The Shoreland Overlay Districts are specifically delineated on the official zoninq map of the City of Hastinqs. and is herby adopted by reference and declared to be part of this ordinance. 1.3 The Shoreland Overlay District shall overlay the zoninq districts established bv Chapter 10 Land Use Reaulations (Zonina) of the Code of Ordinances of the City of Hastinqs. as amended from time to time. The requlations and reauirements imposed by this ordinance shall be in addition to those established for the underlyina zonina districts and the conditions and requlations of any other applicable ordinance and requlation of the City. In the event of a conflict between ordinance requirements. the most restrictive provision shall apply. Subd.2. Compliance The use of any shoreland of public waters; the size and shape of lots; the use, size, type and location of structures on lots; the installation and maintenance of water supply and waste treatment systems, the grading and filling of any shoreland area; the cutting of shoreland vegetation; and the subdivision of land shall be in full compliance with the terms of this ordinance and other applicable regulations. Subd.3. Enforcement The City of Hastings is responsible for the administration and enforcement of this ordinance. Any violation of the provisions of this ordinance or failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with grants of variances or special uses) shall constitute a misdemeanor and shall be punishable as defined by law. For each day. the violation continues a separate offense shall be declared. Violations of this or<linaneo ean oeeur regar-€lless ef wl=lott:1er or not a ",erm!t is rOEll,liree for a regulatee astivity "'I,IFSuant to Section J.1 of tt:1is or.cJinanGe. In the event of a violation or threatened violation of this ordinance. the City may institute appropriate actions or proceedinas to prevent. restrain. correct. or abate such violations or threatened violations and it is the duty of the City Attorney to institute such action. Subd.4. I nteroretation In tt:1oir intorj3rotation ane applieation, tt:1o ",Fevisions of this or-€linance st:1all ee hole to ee r-ninir-nI,lR'l Foql,lir-or-nents ane sl=lall ee lieor-ally GOAstruee in favor ef tt:1o Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 'I Reading - March 7, 2005 Page 3 of 37 €JeverniR€J l3eey aRe 6Rall Rat l3e eeomod a limitation or rel3eal of any etRer powers granted by State Statutes. The boundaries of the Shoreland Overlay District shall be determined by scalina distances on the official zonina map. Where interpretation is needed to the boundaries of the Shoreland Overlav Districts as shown on the official zonina map. the rules established in Section 10.04 of Chapter 10 Land Use Reaulations (Zonina) of the Code of Ordinances shall be followed. Subd.5. Severability If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Subd.6. Abroaation and Greater Restrictions It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby repealed to the extent of the inconsistency only. Subd.7. Definitions Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the same meaning as they have in common usage and so as to give this ordinance its most reasonable application. For the purpose of this ordinance, the words "must" and "shall" are mandatory and not permissive. All distances, unless otherwise specified, shall be measured horizontally. Bluff. "Bluff' means a topographic feature such as a hill, cliff, or embankment having the following characteristics (an area with an average slope of less than 18 percent over a distance for 50 feet or more shall not be considered part of the bluff): (1) Part or all ofthe feature is located in a shoreland area; (2) The slope rises at least 25 feet above the ordinary high water level of the waterbody; (3) The grade of the slope from the toe of the bluff to a point 25 feet or more above the ordinary high water level averages 30 percent or greater; and (4) The slope must drain toward the waterbody. Chapter 16 - Shoreland Ordinance Draft No.6 - City Council1't Reading - March 7, 2005 Page 4 of 37 Bluff impact zone. "Bluff impact zone" means a bluff and land located within 20 feet from the top of a bluff. Boathouse. "Boathouse" means a structure designed and used solely for the storage of boats or boating equipment. Building line. "Building line" means a line parallel to a lot line or the ordinary high water level at the required setback beyond which a structure may not extend. Commercial use. "Commercial use" means the principal use of land or buildings for the sale, lease, rental, or trade of products, goods, and services. Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources. Deck. "Deck" means a horizontal, unenclosed platform with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site and at any point extending more than three feet above ground. Duplex, triplex, and quad. "Duplex," triplex," and "quad" means a dwelling structure on a single lot, having two, three, and four units, respectively, being attached by common walls and each unit equipped with separate sleeping, cooking, eating, living, and sanitation facilities. Dwelling site. "Dwelling site" means a designated location for residential use by one or more persons using temporary or movable shelter, including camping and recreational vehicle sites. Extractive use. "Extractive use" means the use of land for surface or subsurface removal of sand, gravel, rock, industrial minerals, other nonmetallic minerals, and peat not regulated under Minnesota Statutes, sections 93.44 to 93.51. Forest land conversion. "Forest land conversion" means the clear cutting of forested lands to prepare for a new land use other than reestablishment of a subsequent forest stand. Hardship. "Hardship" means the same as that term is defined in Minnesota Statutes, Chapter 462. Height of building. "Height of building" means the vertical distance between the highest adjoining ground level at the building or ten feet above the lowest ground level, whichever is lower, and the highest point of a flat roof or average height of the highest gable of a pitched or hipped roof. Chapter 16 - Shore land Ordinance Draft NO.6 - City Councii 1" Reading - March 7, 2005 Page 5 of 37 Industrial use. "Industrial use" means the use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities, or other wholesale items. Intensive vegetation clearing. "Intensive vegetation clearing" means the complete removal of trees or shrubs in a contiguous patch, strip, row, or block. Lot width. "Lot width" means the shortest distance between lot lines measured at the midpoint of the building line. Nonconformity. "Nonconformity" means any legal use, structure or parcel of land already in existence, recorded, or authorized before the adoption of official controls or amendments thereto that would not have been permitted to become established under the terms of the official controls as now written, if the official controls had been in effect prior to the date it was established, recorded or authorized. Ordinary high water level (OWHL). "Ordinary high water level" means the boundary of public waters and wetlands, and shall be an elevation delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly that point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial. For watercourses, the ordinary high water level is the elevation of the top of the bank of the channel. For reservoirs and flowages, the ordinary high water level is the operating elevation of the normal summer pool. Public waters. "Public waters" means any waters as defined in Minnesota Statutes, section 105.37, slJBeivisions 14 aREl15103.G. Riparian. "Riparian" means land or uses located adjacent to the bank of a river or lake. Semipublic use. "Semipublic use" means the use of land by a private, nonprofit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Sensitive resource management. "Sensitive resource management" means the preservation and management of areas unsuitable for development in their natural state due to constraints such as shallow soils over groundwater or bedrock, highly erosive or expansive soils, steep slopes, susceptibility to flooding, or occurrence of flora or fauna in need of special protection. Setback. "Setback" means the minimum horizontal distance between a Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1" Reading - March 7, 2005 Page 6 of 37 structure, sewage treatment system, or other facility and an ordinary high water level, sewage treatment system, top of a bluff, road, highway, property line, or other facility. Sewage treatment system. "Sewage treatment system" means a septic tank and soil absorption system or other individual or cluster type sewage treatment system as described and regulated in Section &,3 16.05. Subd. 8.2 of this ordinance. Sewer system. "Sewer system" means pipelines or conduits, pumping stations, and force main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial waste or other wastes to a point of ultimate disposal. Shore impact zone. "Shore impact zone" means land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the structure setback. Shoreland. "Shoreland" means land located within the following distances from public waters: 1,000 feet from the ordinary high water level of a lake, pond, or flowage; and 300 feet from a river or stream, or the landward extent of a floodplain designated by ordinance on a river or stream, whichever is greater. The limits of shorelands may be reduced whenever the waters involved are bounded by topographic divides which extend landward from the waters for lesser distances and when approved by the commissioner. Significant historic site. "Significant historic site" means any archaeological site, standing structure, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites, or is determined to be an unplatted cemetery that falls under the provisions of Minnesota Statutes, section 307.08. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota state archaeologist or the director of the Minnesota Historical Society. All unplatted cemeteries are automatically considered to be significant historic sites. Special use. "Special use" means a land use or development as defined by ordinance that would notbe appropriate generally but may be allowed with appropriate restrictions as provided by official controls upon a finding that certain conditions as detailed in the zoning ordinance exist, the use or development conforms to the comprehensive land use plan of the community, and the use is compatible with the existing neighborhood. Steep slope. "Steep slope" means land where agricultural activity or development is either not recommended or described as poorly suited due to slope steepness and the site's soil characteristics, as mapped and described in Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 7 of 37 available county soil surveys or other technical reports, unless appropriate design and construction techniques and farming practices are used in accordance with the provisions of this ordinance. Where specific information is not available, steep slopes are lands having average slopes over 12 percent, as measured over horizontal distances of 50 feet or more, that are not bluffs. Structure. "Structure" means anvthina constructed or erected with a fixed location on the around. Amona other thinas. structures include buildinas. manufactures homes and fences. Surface water-oriented commercial use. "Surface water-oriented commercial use" means the use of land for commercial purposes, where access to and use of a surface water feature is an integral part of the normal conductance of business. Marinas, resorts, and restaurants with transient docking facilities are examples of such use. Toe of the bluff. "Toe of the bluff' means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from gentler to steeper slope above. If no break in the slope is apparent, the toe of bluff shall be determined to be the lower end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent. Top of the bluff. "Top of the bluff' means the point on a bluff where there is, as visually observed, a clearly identifiable break in the slope, from steeper to gentler slope above. If no break in the slope is apparent, the top of bluff shall be determined to be the upper end of a 50-foot segment, measured on the ground, with an average slope exceeding 18 percent. Water-oriented accessory structure or facility. "Water-oriented accessory structure or facility" means a small, above ground building or other improvement, except stairways, fences, docks, and retaining walls, which, because of the relationship of its use to a surface water feature, reasonably needs to be located closer to public waters than the normal structure setback. Examples of such structures and facilities include boathouses, gazebos. screen houses, fish houses, pump houses, and detached decks. SECTION 16.03 - ADMINISTRA nON Subd.1. Permits Reauired 1.1 A shoreland permit is required for the construction of buildings or building additions (and including such related activities as construction of decks and signs), the installation and/or alteration of sewage treatment systems, and those grading and filling activities not exempted by Section ~ 16.05. Subd. 3.2 of this ordinance. Application for a shoreland permit shall be made to the CommblRity DovolopmoRt Di'/isien Plannina Department on the forms provided. The application shall include the necessary information so that the Commblnity Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1 " Reading - March 7, 2005 Page 8 of 37 Dovolol'lFRont Di','ision Planninq Department can determine the site's suitability for the intended use and that a compliant sewage treatment system will be provided. 1.2 A shoreland permit authorizing an addition to an existing structure shall stipulate that an identified nonconforming sewage treatment system, as defined by Section 5,3 16.05. Subd. 8 shall be reconstructed or replaced in accordance with the provisions of this ordinance. Any use, arrangement, or construction at variance with that authorized by permit shall be deemed a violation of this ordinance and shall be punishable as provided in Section ~ 16.99 of this ordinance. Subd.2 Variances 2.1 "aFiancos FRay only eo €JFaRteG iR asseFElaRce witl:1 Minneseta Statt,ltes 4€J2, as al'll'llisaele. P. variance FRay not cirSI,lFR'/eRt tl:1e geReFall'lurposos aRd intont of tl:1is or.ainanco. No ','aFianco FRay bo €JFantoa tl:1at '.\'ol:lla allow any I,IS9 tAat is I'lFehibit9a iR tl:19 zaRing aistrist in wl:1isA the sl,l9jeGt flFel30rty is locatod. CORElitions may 130 iFRl30sed iR tAo graRtin€J of a variance te ORsuro SOFRl3liaRso aREI to I3FEJtastaEljasont I3r-eflorties aRG tl:1o 131,113lis inteF9st. 11'1 sensiEloring a variaRse r-equeBt, tl:1e l3ear<t of aEljl,lstFReRt FRust alse sensider wAotAer tl:1e flFe139Fty owner l:1aB r-easenaelo I,ISO of tl:1o laRd witAewt tho ','aFiaRse, wl:1otl:1er tA9 I3Fel3erty is wsoEl seasonally or year Fauna, \'.'hotl:1or tl:1o variaRso is l3ein€J rOEJl,lostod solely OR tl:1o l3asis of esoR!~mic sORsidor-atieAS, anEl tAS sAaFastsristics of aovslel3FRont OR adjacoRt flFepeFtiss. Applications for variances from this ordinance shall be administered in accordance with the procedures in Chapter 10 Land Use Requlations (Zoninq) oHhe Code of Ordinances and reviewed in accordance with Minnesota Statutes 462.357 in addition to the followinq: A. All variance requests shall be accompanied bv a land use application. B. Variance applications shall be submitted to the Department of Natural Resources in accordance with Subd. 3 of this section. C. Conditions mav be imposed in the qrantinq of a variance to insure compliance and to protect adiacent properties and the public interest. D. The board of adiustment shall hear and decide requests for variances in accordance with the rules that it has adopted for the conduct of business. When a variance is approved after the Department of Natural Resources has formallv recommended denial in the hearinq record, the notification of the approved variance reauired in Subd. 3 of this section shall also include the board of adiustment's summary of the public record\testimonv and the findinqs of facts and conclusions Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council1't Reading - March 7, 2005 Page 9 of 37 which supported the issuance of the variance. 2.2 The !::Ioard of a(;jjustment shall hoar and dmJide requests fer varianoes in aSS8F8am;e with tA8 I1Iles that it haB adol3ted for tAO sonduct of ~uBineBs. Whon a varianoe is aJ;JJ;JFG'/ed after the DOJ;Jartment of Natural Rosoul'Ges has formally FOoommenseEl denial in the hearin€) resord, the notifisation of the aJ;Jl3ro','ed varianso required in Sostien J.J2 ~ole'll shall also insluse the boar.ef of asjustment's summary ef the J;Ju!::llis recer.a/testimeny and the finsin€)s of faots and senclusions whisl:1 supJ;JeFted the issuanoe of the varianse. 2.32. For existing developments, the application for variance must clearly demonstrate whether a conforming sewage treatment system is present for the intended use of the property. The variance, if issued, must require reconstruction of a nonconforming sewage treatment system. Subd.3. Notifications to the Department of Natural Resources 3.1 Copies of all notices of any public hearings to consider variances, amendments, or senditienal uses special use permits under lesal shoroland management sentr:els from the reauirements of this ordinance must be sent to the commissioner or the commissioner's designated representative and postmarked at least ten days before the hearings. Notices of hearings to consider proposed subdivisions/plats must include copies of the subdivision/plat. 3.2 A copy of approved amendments and subdivisions/plats, and final decisions granting variances or senditienal uses special use permits under lesal shoreland R'lan8!1ement contmls from the reauirements of this ordinance must be sent to the commissioner or the commissioner's designated representative and postmarked within ten days of final action. Subd.4. Special Use Permits 4.1 All uses that reauire a special use permit bv the underlvina zonina district or anv other ordinance shall complv with the reauirements of Chapter 10 Land Use Reaulations (Zonina) of the Code of Ordinances in addition to the followina: A. All special use permit applications shall be accompanied bva land use application. B. Special use permit applications shall be submitted to the Department of Natural Resources in accordance with Subd. 3 of this section. C. Applications for special use permits shall be administered in acoordance with the procedures in Chapter 10 Land Use Reaulations (Zonina) of the Code of Ordinances and reviewed in accordance with Minnesota Statutes Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 10 of 37 462.357. 4.2 Evaluation criteria. A thorouah evaluation of the waterbodv and the topoaraphic. veaetation. and soils conditions on the site must be made to ensure: A. the prevention of soil erosion or other possible pollution of public waters. both durina and after construction: B. the visibility of structures and other facilities as viewed from public waters is limited: C. the site is adeauate for water supplv and on-site sewaae treatment: and D. the types. uses. and numbers of watercraft that the proiect will aenerate are compatible in relation to the suitability of public waters to safe Iv accommodate these watercraft. 4.3 Conditions attached to special use permits. Conditions may be imposed in the arantina of a special use permit to insure compliance. protect adiacent properties and the public interest. and to fulfill the purposes of this ordinance. Such conditions mav include. but are not limited to. the followina: A. Increased setbacks from the ordinary hiah water level: B. Limitations on the natural veaetation to be removed or the reauirement that additional veaetation be planted: and C. Special provisions for the location. desian. and use of structures. sewaae treatment systems. watercraft launchina and dockina areas. and vehicle parkina areas. SECTION 16.04 - SHORELAND CLASSIFICATION SYSTEM AA.'D LAND USE DISTRICTS Subd.1 Shoreland Classification System 1.1 The public waters of Hastings have been classified below consistent with the criteria found in Minnesota Regulations, Part 6120.3300, and the Protected Waters Inventory Map for Dakota and Washington County, Minnesota. Pursuant to Minnesota Rules. Chapters 6120.2500 - 6120.3900 no lake. pond or flowaae less than ten (10) acres in size need be reaulated bv this ordinance but shall be subiect to the reauirements of Chapter 15 (Stormwater Manaaement) of the Code of Ordinances. Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 11 of 37 The shoreland classification area for ti:1o waterbodios listed in sections 4.12 ans 4.1 d are defined in seGlion 2.7 ana as si:1own on tho O#isial ZORiA€! Maj3. in the Citv of Hastinas are as follows: 1.2 Lakes a) Natural Environment Lake - Lake Rebecca b) Recreational Development Lake - Lake Isabell 1.3 Rivers and Streams a). Transition Rivers - Mississippi and Vermillion Rivers b). Tributary Streams - Sand Coulee Flowage * * All protected watercourses in the City of Hastings not given a classification in Item "a" above shall be considered "Tributary". Subd.2. Land Use District DescriDtions The land uses allowable for the Shoreland District shall follow the Dermitted. accessory and sDecial use desianations of the underlvina zonina district of the DroDertv contained in ChaDter 10 Land Use Reaulations (Zonina Ordinance), ChaDter 13 FloodDlain Reaulations. and ChaDter 19 MississiDDi River Corridor Area Ordinance exceDt that aaricultural feedlots shall not be Dermitted in anv district. In the event there is a conflict between the reaulations of these ordinances. the most restrictive ordinance shall aDDlv. 2.1 Criteria For DesignatioR. Tho laRs IIse distrists iR Ci:1aj3ter 10 (ZaRiR€! Or-EIiRaRso) aRS ti:1o soURoatioR of a laRS IISO sistrist's bOIlRsarios OR ti:1e Omsial ZORiR€! Maj3, mllst BO SORsistORt witi:1 ti:1o €!oals. j30Usios. aRS oBjestives of ti:1o somj3rehensive land I:Jse j3laR ana the followiR€! sriteria, sonsideratieRs, and objectivos: I.... Geneml ConsideratioRs and Criteria fer 1\11 Laml Uses: (1) presorYatioR of Raturol aroas; (2) j3rBSeRt oWRer-si:1ij3 am:! doyoloj3meRt of shorolaRs areas; (d) shereland soil tyj3es ans their engineeRR€! saj3aBilities; (4) tej3o€!raj3i:1is sharastoristiss; (5) ~/egetative sS'/sr: (6) in \':ater j3hysical charastoristics, vallles, and constr-aiRts; Chapter 16 - Shore land Ordinance Draft NO.6 - City Council 1'( Reading - March 7, 2005 Page 12 of 37 (7) rooroationall,lse ef the sl,lrfaoe water; (iii) Feas anE! servise center acoessibility; (9) sooiooGonoFRiG sevelopFRent nooss ans !'Ilans as they involvo water aRs relatea laRs resol,lr-Ges; (10) tho lans rGql,lireFRents of ins~stry whish, by its nat~Fe, roq~ires IOGation in shereland areas; ane (11) the Reoessity to f)reserve ans restore certain areas havin~ si~nifiGaRt histarioal er eoelagioal ':all,le. 2.2 Lana Use District Dessril'ltiens. The laRe I,Ise districts sentainee iR C!:Iapter 10 (Zenin~ OFdinanse) ane below as well as the allowable lane uses therein fer the given slassificatioRS of waterbosies, ar-e Elelineates on the Sher-elans Ma!'l aRs/or Offlsial Zening Map fer t!:le sherelands ef t!:lis oOFRml,lnity. These lane I,Ise aistricts are in senfeFFRanoe with the oriteria sl'lesified iR Minnesota Regl,llatien, Part e12g.d299, Sl,Ibp. d: P - Permittee; S - Sf)esial Use; ane N - Net Permitted A. land Use Distrists Far Lal{es Reor-eational Natl,lFaI Develal3meRt: Environment: lake Isal:Jell lake Rebessa (1) !\griol,lltl,lr-al District Uses ExtfaGti~/e t;lEQ P P S S S S P P P S S S S P Fe Fest management .'\~Asl,lltl,lr-al: sFeplane ane l'Iastl,lre AgAsl,lltl,lral feeelets Parks aRe !:IistOAS sites Single resieential MiRin~ ef metallio minerals and float (2) R 1 ane R 2 Resieential Distrists Uses Sin~le resisontial Parks 8. historis sites Dl,Il3lex ans trif)lex P S P P S S (d) R d, R 4, R a aRe R 7 RosieeRtial Districts Uses PRD Sinsls FesiElontial P Semifll,lblis S P S Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1" Reading - March 7, 2005 Page 13 of 37 Parks 8. historio sites Dl,Jplex, tri(3lex, E:juad residential S S P P (4) All CemmeFGial and Indl,Jstrial Distrists Uses Cemmer-oial InE!l,Istrial PI,Islio, semifJI,Islis Parl{s & l:1isteris sites P S P S S N S S (a) Water Oriented Cemmeroial District Uses * SI,I!fase water eriented oommeroial Pl,lblis, semifJl,ltllis Parks 8. l:1isterio sites J;or-est marmgement P S S P S S S P * Sl,Il3jest te the (3FOvisiens oentaineE! in Cha(3ter 1 a (J;leoE!fJlain OFdinanoe) Q. Land Use Distrists fer Rivers and streams Transitien Tributary (1) Speoial Pr-etection District Uses J;erest management Sensiti'/B r-esel,lFOe management ^grisl,Jlt\,lral: sFOfJland and (3ast\,lFC ^!!risultl,lral feedlots Parks and histeriG sites Extr-aotivG \,Ise Single residential Mining of metallio miAerals anE! fJeat P P P S S S S P P P P S S S S P (2) R 1 e!Ad R 2 ResiE!ential Distrists Uses Single residential Semi(3\,1slis Parks and l:1istoris sites D\,IfJlex and trifJlcx P S S S P P P S (a) R a, R 4, R 5 and R 7 Residential Distrists Uscs Single residential Semi(3l,Jblio Parks and l:1istorio sites Duplex, triplex, E:juad rosiE!cntial p S S P P S S P Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 'I Reading - March 7, 2005 Page 14 of 37 (4) All COFRR'lersial anE!lndustrial Districts Uscs COFRR'lercial InElI,le;trial Pblslio, sOR'li~blblio Parks &. Aie;toric sites S N S S S S S S (5) Wator orientoa CeR'lR'leFGial Usos. Surfaoo 'Nater orionteEl oOR'lmersial Pblelis, sOR'lil3b1slis Parks ana Aistoris Sitos Fomst FRana!joR'lont S S S S S P S S SblBjOGt te tAO ~r-e\'isiens sontainoEl in CAapter 13 (Flood~lain Ordinanso) 2.3 Uso ana U~!jraain!j of Insonsistont Lana Uso Distriots. . A. 'NAon land use Elistrists or blSOS adoj3toEl in Chaj3ter 10 (Zoning Ordinanse), as tAOY apply to sAorolana ar-eas, and tAoir aolinoatod BOblnaaries on tAO Offisial Zoning Ma~, am not sonsistont witA tho lana blse aistrist or blses sj3esifioa in SeGtion 4.22 Aeroin ana/or the SAor-elanas Maj3, tAe moro mstFistivo shall aJ3~ly. TAese iAsonsistent lana blse distFist aosi!jnations R'lay sentinble until revisions am proJ3osea te ot'lan!jo oitAer tAe land use distrist Elesignatien within an existin!'j land blSS Elie;trist bmmElary sAown on ths Offisial Zoning Mal" or to moElify the emmaary of an existin!j ILmEl blse distrist SAown on tAS Official Zonin!j MaJ!. 8. When a r-evision is ~mJ3oses to an inoonsistent lana blse sistriGt J3m'/ision, tAe followin!j adElitional sritoFia anEl ~r-esodures sAall aJ3J3ly: (1) For Lakes. INhon a m\'ision to a lanE! blSO distrist sosi!jnation on a lako is ssnsiseres, the lansl,lss sistr-iGt BSl,lnElaries Ems blse pr-evisioAS tAer-ein for all tho shorelans aroas witt'lin the jl,lr-isEliGtion ef this ordinanse on saiEllake must ee mviseEl te make tAeR'l sblsstantially oOR'll3atisle with the fraR'lo...:ar-k in SeGtions 4.21 ana 4.22 af this er.EJinanso. (2) For RivOFG and Streams. '.^/Aon a re'/ision to a land uso distriGt desi!jAatioA on a Fivor or stmam is pFOI30S0S, tAO lanEl blse distrist Boundarios ans tho I,ISO ~r-evisioAS tAorein for all shor-eland on soth sisos of tho rivor er str-eam ....'ithin tAO same classifisatian 'NitAin tho jblrisdistion ef this eFetinaAso mblst t:Je FOvisoa to mako tAom sl,lBstantially som~atibls witA tAO fr-amowork in Sostions 4.21 ana 4.22 of this or-dinanso. If tho samo Fiver slassification is sonti!jblsbls fer mors tAan a fivo R'lile se!jment, 01'11:,- tAe sAerelaAd fer a distanoe of 2.5 R'liles blI"str-eam aAd aownstroam, or te tt'le slass eSI;IAaary if clo&or, noee ae evalblotea SAEI ro~.'i6ea. C. Whon an interw-etatian qblostien arises about wAothor a sJ3ooifio land blGe fits within a given "use" sato!jory, the interpretatien shall t:Jo R'laae by tAO Beard of Adjl,lstmont. INhen a ql,lostion arisos as to whott:1er a lansl,lse distrist's Boundaries ar-e Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council1't Reading - March 7, 2005 Page 15 of 37 J3r-Ol3orly dolineatoEl SA tRS Official Zoning Map and/or Shoreland Map, this decision sRall ee made by tho HastiA!')s City Council. D. Whon a rovisioA is proposed to an inconsistoAt laAEI uso Eli6triGt J3r-ovi6ion byaA individual party or laAdownor, this individual par-t)' or laAdownor will OAly eo rosl3Gnsiblo te J3r-o'/ido tRe SUl3l3orting and/or substantiatiA!') infermatioA fer tRe specific parGel in quostiOA. The Hastings City Council will dir-eet tho CommuAity Dovelopment staff to pFGvidO sush additioAal iAfor-matioA for tRis w.atoreody as is nocessary to satisfy Items .^>. DAEI Q abe~/e. e. TAo HastiA!')s City CouAsil sRall make a detailed fiAdiA!') af fast aAd seAslusion .....hen takin!') RABI aelieR that this revisien, and tRe upgr-ading of any insonsistoAt laAd uso district Elo6i!jRations on said 'lIaterbOEly, are consistent with the enumer-ateEl or-iteria aAEI use pFGvisioAs of SestioA <1.2. SECTION 16.05 - ZONING AND WA TER SUPPL Y/SANITARY PROVISIONS Subd.1. Lot Area and Width Standards. The lot area (in square feet) and lot width standards (in feet) for single, duplex, triplex and quad residential lots created after the date of eAaGtmeAt of tRis ordinance June 16. 1994 for the lake and river/stream classifications are the following: 1.1 Unsewered Lakes a) Natural Environment (Lake Rebecca): Riparian Lots Area Width Single 80,000 Duplex 120,000 Triplex 160,000 Quad 200,000 200 300 400 500 Nonriparian Lots Area Width 80,000 160,000 240,000 320,000 b) Recreational Development (Lake Isabelle): Riparian Lots Area Width Single 40,000 Duplex 80,000 Triplex 120,000 Quad 160,000 1.2 Sewered Lakes: 150 225 300 375 200 400 600 800 Nonriparian Lots Area Width 40,000 80,000 120,000 160,000 150 265 375 490 Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 16 of 37 a) Natural Environment (Lake Rebecca): Riparian Lots Area Width Single 40,000 Duplex 70,000 Triplex 100,000 Quad 130,000 125 225 325 425 Nonriparian Lots Area Width 20,000 35,000 52,000 65,000 b) Recreational Development (Lake Isabelle): Riparian Lots Area Width Single 20,000 Duplex 35,000 Triplex 50,000 Quad 65,000 75 135 195 255 125 220 315 410 Nonriparian Lots Area Width 15,000 26,000 38,000 49,000 75 135 190 245 1.3 River/Stream Lot Width Standards. Ther-e is Ae miAimlolA'llet size reElloliFeA'leAts for rivers "IRa stFeBms. The lot width standards for single, duplex, triplex and quad residential developments for the s>>E two river/stream classifications are: Transition Tributary without sewer Single Duplex Triplex Quad 150 375 500 625 1.4 Additional Special Provisions. 100 150 200 250 Tributary with sewer 75 115 150 190 A. Only land above the ordinary high water level of public waters can be used to meet lot area standards, and lot width standards must be met at both the ordinary high water level and at the building line. The sewer lot area dimensions in SestieA 13.12 of this section can only be used if publicly owned sewer system service is available to the property. B. Subdivisions of duplexes, triplexes, and quads on Natural Environment Lakes must also meet the following standards: (1) each building must be set back at least 200 feet from the ordinary high Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 170f37 water level; (2) each building must have common sewage treatment and water systems in one location and serve all dwelling units in the building; (3) watercraft docking facilities for each lot must be centralized in one location and serve all dwelling units in the building; and (4) no more than 25 percent of a lake's shoreline can be in duplex, triplex, or quad developments. C. Lots intended as controlled accesses to public waters or as recreation areas for use by owners of non riparian lots within subdivisions are permissible and must meet or exceed the following standards: (1) they must meet the width and size requirements for residential lots, and be suitable for the intended uses of controlled access lots. (2) If docking, mooring, or over-water storage of more than six (6) watercraft is to be allowed at a controlled access lot, then the width of the lot (keeping the same lot depth) must be increased by the percent of the requirements for riparian residential lots for each watercraft beyond six, consistent with the following table: Controlled Access Lot Frontage Requirements Ratio of lake size to shore length (acres/mile) Less than 100 100-200 201-300 301-400 Greater than 400 Required increase in frontage (percent) 25 20 15 10 5 (3) they must be jointly owned by all purchasers of lots in the subdivision or by all purchasers of nonriparian lots in the subdivision who are provided riparian access rights on the access lot; and (4) covenants or other equally effective legal instruments must be developed that specify which lot owners have authority to use the access lot and what activities are allowed. The activities may include watercraft launching, loading, storage, beaching, mooring, or docking. They must also include other outdoor recreational activities that do not significantly conflict with general public use of Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1" Reading - March 7, 2005 Page 18 of 37 the public water or the enjoyment of normal property rights by adjacent property owners. Examples of the nonsignificant conflict activities include swimming, sunbathing, or picnicking. The covenants must limit the total number of vehicles allowed to be parked and the total number of watercraft allowed to be continuously moored, docked, or stored over water, and must require centralization of all common facilities and activities in the most suitable locations on the lot to minimize topographic and vegetation alterations. They must also require all parking areas, storage buildings, and other facilities to be screened by vegetation or topography as much as practical from view from the public water, assuming summer, leaf-on conditions. D. Multiple Familv Developments. Multiple familv residential developments that contain five (5) or more dwellinq units per buildinq or lot shall be allowed per special use permit. 1.5 Substandard Lots of Record. Anv lot of record filed in the office of the County Reqister of Deeds on or before June 16. 1994 that does not meet the lot area and\or lot width standards of this Ordinance mav be allowed as a buildinq site provided that: a) The lot meets all the standards of the underlvinq zoninq district. b) The lot has been in separate ownership from abuttinq lands at all times since it became substandard. c) All setback. impervious surface. and dimensional requirements of this section are complied with. Subd.2. Placement. Desiqn. and Heiqht of Structures. 2.1 Placement of Structures on Lots. When more than one setback applies to a site, structures and facilities must be located to meet all setbacks. Where structures exist on the adjoining lots of a proposed building site, structure setbacks may be altered without a variance to confomn to the adjoining setbacks from the ordinary high water level, provided the proposed building site is not located in a shore impact zone or in a bluff impact zone. Structures shall be located as follows: A. Structure and On-site Sewage System Setbacks (in feet) from Ordinary High Water Level*. Setbacks* Classes of Public Waters Structures Unsewered Sewered Sewage Treatment System Lakes Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1" Reading - March 7, 2005 Page 19 of 37 Natural Environment Recreational Development 150 100 150 75 150 75 Rivers Transition Tributary 150 100 150 50 100 75 *One water-oriented accessory structure designed in accordance with Section ~ 16.02 ofthis ordinance may be set back a minimum distance often (10) feet from the ordinary high water level. B. Additional Structure Setbacks. The following additional structure setbacks apply, regardless of the classification of the waterbody: Setback From: Setback (in feet) (1) top of bluff; 30 (2) unplatted cemetery; 50 (~) rigl'lt ef'llay line ef 50 federal, state, er cOlJnty l'Iigl'lway; and (4) rigl'lt ef 'Nay line ef 20 te'!IR FG3G, pwelis streot, er etl'ler reass er streets not classifies. C. Bluff Impact Zones. Structures and accessory facilities, except stairways and landings, must not be placed within bluff impact zones. D. Uses Without Water-oriented Needs. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. 2.2 Design Criteria For Structures. A. High Water Elevations. Structures shall be placed in accordance with Chapter Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1 ,t Reading - March 7, 2005 Page 20 of 37 13 Floodplain Reaulations when floodplain regulations are applicable to the site. Where no flood plain delineation exists. the lowest floor must be located at least three feet above the hiahest known water level or three feet above the ordinary hiah water level: whichever is areater. B. Water-oriented Accessory Structures. Each lot may have one water-oriented accessory structure not meeting the normal structure setback in Sestio" 5.21 of this ordinance if this water-oriented accessory structure complies with the following provisions: (1) the structure or facility must not exceed ten feet in height, exclusive of safety rails, and cannot occupy an area greater than 250 square feet. Detached decks must not exceed eight feet above grade at any point; (2) the setback of the structure or facility from the ordinary high water level must be at least ten feet; (3) the structure or facility must be treated to reduce visibility as viewed from public waters and adjacent shorelands by vegetation, topography, increased setbacks or color, assuming summer, leaf-on conditions; (4) the roof may be used as a deck with safety rails, but must not be enclosed or used as a storage area; (5) the structure or facility must not be designed or used for human habitation and must not contain water supply or sewage treatment facilities; and (6) as an alternative for general development and recreational development waterbodies, water-oriented accessory structures used solely for watercraft storage, and including storage of related boating and water-oriented sporting equipment, may occupy an area up to 400 square feet provided the maximum width of the structure is 20 feet as measured parallel to the configuration of the shoreline. C. Stairways, Lifts, and Landings. Stairways and lifts are the preferred alternative to major topographic alterations for achieving access up and down bluffs and steep slopes to shore areas. Stairways and lifts must meet the following design requ irements: (1) stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties, and public open-space recreational properties; (2) landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet may be used for Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 $I Reading - March 7. 2005 Page 21 of 37 commercial properties, and public open-space recreational properties; (3) canopies or roofs are not allowed on stairways, lifts, or landings; (4) stairways, lifts, and landings may be either constructed above the ground on posts or pilings, or placed into the ground, provided they are designed and built in a manner that ensures control of soil erosion; (5) stairways, lifts, and landings must be located in the most visually inconspicuous portions of lots, as viewed from the surface of the public water assuming summer, leaf-on conditions, whenever practical; and (6) facilities such as ramps, lifts, or mobility paths for physically handicapped persons are also allowed for achieving access to shore areas, provided that the dimensional and performance standards of subitems (1) to (5) are complied with in addition to the requirements of Minnesota Regulations, Chapter 1340. D. Significant Historic Sites. No structure may be placed on a significant historic site in a manner that affects the values of the site unless adequate information about the site has been removed and documented in a public repository. E. Steep Slopes. The City ef l-IastiA€!S shall evaluate possible soil erosion impacts and development visibility from public waters before issuing a permit for construction of sewage treatment systems, roads, driveways, structures, or other improvements on steep slopes. When determined necessary, conditions must be attached to issued permits to prevent erosion and to preserve existing vegetation screening of structures, vehicles, and other facilities as viewed from the surface of public waters, assuming summer, leaf-on vegetation. 2.3 Height of Structures. All stA,lstl:ll'es iA r-esieeAtial ElistFists, exser;>t st-1urshes and neAr-esideAtial [I€!risYltYFaI structYfeS, myst AOt exoees 25 feet iA t-1eight as setermiAes by tt-1e Unifer-m 8uilsiA€! Cese. All buildinqs and structures shall complv with the heiqht standards of the underlvinq zoninq district or 35 feet. whichever is more restrictive except as follows: A. Buildinqs in the DC - Downtown Core Zoninq District may be allowed a maximum buildinq heiqht of 47 feet or 756.5 feet above sea level: whichever is qreater provided the followinq: (1) The buildinq contains no more than four (4) stories. (2) The buildinq is setback a minimum of 150 feet from the ordinary high water level. Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1 51 Reading - March 7, 2005 Page 22 of 37 (3) The buildina has been desianed to be compatible with the historic character of the DC District. Subd.3. Shoreland Alterations Alterations of vegetation and topography will be regulated to prevent erosion into public waters, fix nutrients, preserve shoreland aesthetics, preserve historic values, prevent bank slumping, and protect fish and wildlife habitat. 3.1 Vegetation Alterations. A. Vegetation alteration necessary for the construction of structures and sewage treatment systems and the construction of roads and parking areas regulated by Section 54 16.05. Subd. 8 of this ordinance are exempt from the vegetation alteration standards that follow. B. Removal or alteration of vegetation, except for agricultural and forest management uses as regulated in Sections a.€!2 aRE! a.€!d rospectfully Section 16.05. Subd. 6.3 and 6.4, is allowed subject to the following standards: (1) I ntensive vegetation clearing within the shore and bluff impact zones and on steep slopes is not allowed. Intensive vegetation clearing for forest land conversion to another use outside of these areas is allowable as a special use if an erosion control and sedimentation plan is developed and approved by the soil and water conservation district in which the property is located. (2) In shore and bluff impact zones and on steep slopes, limited clearing of trees and shrubs and cutting, pruning, and trimming of trees is allowed to provide a view to the water from the principal dwelling site and to accommodate the placement of stairways and landings, picnic areas, access paths, livestock watering areas, beach and watercraft access areas, and permitted water-oriented accessory structures or facilities, provided that: (a) the screening of structures, vehicles, or other facilities as viewed from the water, assuming summer, leaf-on conditions, is not substantially reduced: (b) along rivers, existing shading of water surfaces is preserved: and (c) the above provisions are not applicable to the removal of trees, limbs, or branches that are dead, diseased, or pose safety hazards. Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 'I Reading - March 7, 2005 Page 23 of 37 3.2 Topographic Alterations/Grading and Filling. A. Grading and filling and excavations necessary for the construction of structures, sewage treatment systems, and driveways under validly issued construction permits for these facilities do not require the issuance of a separate grading and filling permit. However, the grading and filling standards in this Section must be incorporated into the issuance of permits for construction of structures, sewage treatment systems, and driveways. B. Public roads and parking areas are regulated by Section M 16.05. Subd. 4 of this ordinance. C. Notwithstanding Items A. and B. above, a grading and filling permit will be required for: (1) the movement of more than ten (10) cubic yards of material on steep slopes or within shore or bluff impact zones; and (2) the movement of more than 50 cubic yards of material outside of steep slopes and shore and bluff impact zones. D. The following considerations and conditions must be adhered to during the issuance of construction permits, grading and filling permits, special use permits, variances and subdivision approvals: (1) Grading or filling in any type 2, 3, 4, 5, 6, 7, or 8 wetland must be evaluated to determine how extensively the proposed activity would affect the following functional qualities of the wetland*: (a) sediment and pollutant trapping and retention; (b) storage of surface runoff to prevent or reduce flood damage; (c) fish and wildlife habitat; (d) recreational use; (e) shoreline or bank stabilization; and (f) noteworthiness, including special qualities such as historic significance, critical habitat for endangered plants and animals, or others. *This evaluation must also include a determination of whether the wetland alteration being proposed requires permits, reviews, or approvals by other local, state, or federal agencies such as a watoFGRod district The Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1 " Reading - March 7, 2005 Page 24 of 37 Vermillion River Watershed Manaqement Orqanization, the Minnesota Department of Natural Resources, or the United States Army Corps of Engineers. The applicant shall submit any necessary applications as required by other agencies. (2) Alterations must be designed and conducted in a manner that ensures only the smallest amount of bare ground is exposed for the shortest time possible; (3) Mulches or similar materials must be used, where necessary, for temporary bare soil coverage, and a permanent vegetation cover must be established as soon as possible; (4) Methods to minimize soil erosion and to trap sediments before they reach any surface water feature must be used; (5) Altered areas must be stabilized to acceptable erosion control standards consistent with the field office technical guides of the local soil and water conservation districts and the United States Soil Conservation Service; (6) Fill or excavated material must not be placed in a manner that creates an unstable slope; (7) Plans to place fill or excavated material on steep slopes must be reviewed by qualified professionals for continued slope stability and must not create finished slopes of 30 percent or greater; (8) Fill or excavated material must not be placed in bluff impact zones; (9) Any alterations below the ordinary high water level of public waters must first be authorized by the commissioner under Minnesota Statutes, section 105.42; (10) Alterations of topography must only be allowed if they are accessory to permitted or special uses and do not adversely affect adjacent or nearby properties; and (11) Placement of natural rock riprap, including associated grading of the shoreline and placement of a filter blanket, is permitted if the finished slope does not exceed three feet horizontal to one foot vertical, the landward extent of the riprap is within ten feet of the ordinary high water level, and the height of the riprap above the ordinary high water level does not exceed three feet. E. Connections to public waters. Excavations where the intended purpose is Chapter 16 - Shore land Ordinance Draft NO.6 - City Council 1 " Reading - March 7, 2005 Page 25 of 37 connection to a public water, such as boat slips, canals, lagoons, and harbors, must be controlled by local shoreland controls. Permission for excavations may be given only after the commissioner has approved the proposed connection to public waters. Subd.4. Placement and Desian of Roads. Drivewavs. and Parkina Areas. 4.1 Public and private roads and parking areas must be designed to take advantage of natural vegetation and topography to achieve maximum screening from view from public waters. Documentation must be provided by a qualified individual that all roads and parking areas are designed and constructed to minimize and control erosion to public waters consistent with the field omoe toot-lAisal ~ljides of tt-le lesal soil and water sOAservatioA distrist Hastinas Watershed Manaaement Plan and the Vermillion River Watershed Manaaement Oraanization. as mav be amended from time to time, or other applicable technical materials. 4.2 Roads, driveways, and parking areas must meet structure setbacks and must not be placed within bluff and shore impact zones, when other reasonable and feasible placement alternatives exist. If no alternatives exist, they may be placed within these areas, and must be designed to minimize adverse impacts. 4.3 Public and private watercraft access ramps, approach roads, and access-related parking areas may be placed within shore impact zones provided the vegetative screening and erosion control conditions of this subpart are met. For private facilities, the grading and filling provisions of Section ~ 16.05. Subd. 3.2 of this ordinance must be met. Subd.5. Stormwater Manaaement. The following general and specific standards shall apply in addition to any other applicable city codes: 5.1 General Standards: A. When possible, existing natural drainageways, wetlands, and vegetated soil surfaces must be used to convey, store, filter, and retain stormwater runoff before discharge to public waters. B. Development must be planned and conducted in a manner that will minimize the extent of disturbed areas, runoff velocities, erosion potential, and reduce and delay runoff volumes. Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to retain sediment on the site. C. When development density, topographic features, and soil and vegetation conditions are not sufficient to adequately handle stormwater runoff using natural features and vegetation, various types of constructed facilities such as Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 " Reading - March 7, 2005 Page 26 of 37 diversions, settling basins, skimming devices, dikes, waterways, and ponds may be used. Preference must be given to designs using surface drainage, vegetation, and infiltration rather than buried pipes and man-made materials and facilities. D. All development shall be consistent with the City of Hastinas Watershed Manaaement Plan. Chapter 15 Stormwater Manaaement of the Citv Code of Ordinances, and the reauirements of the Vermillion River Watershed Manaaement Oraanization. 5.2 Specific Standards: A. Impervious surface coverage of lots must not exceed 25 percent of the lot area except as follows: (1) Impervious surface coveraae may be permitted to exceed 75 percent on property that was platted before June 16. 1994 or property zoned DC- Downtown Core upon approval of a Special Use Permit bv the City of Hastinas that demonstrates compliance with the followina: a) All applicable provisions of Chapter 15. Stormwater Manaaement of the City Code of Ordinances. b) All structures and treatments shall be installed for the treatment of stormwater runoff in accordance with the City of Hastinas Watershed Manaaement Plan. B. When constructed facilities are used for stormwater management, documentation must be provided by a qualified individual that they are designed and installed consistent witt-! tt-!s field amee teet-!Rieal !jl,Jids of the leeal seil aRe! water eeRservatiGR elistrists. the City of Hastinas Watershed Manaaement Plan. Chapter 15 Stormwater Manaaement of the Code of Ordinances. and the reauirements of the Vermillion River Watershed Manaaement Oraanization. C. New constructed stormwater outfalls to public waters must provide for filtering or settling of suspended solids and skimming of surface debris before discharge. Subd.6. Special Provisions for Commercial. Industrial. Public/Semipublic, Aaricultural. Forestrv and Extractive Uses and Minina of Metallic Minerals and Peat. 6.1 Standards for Commercial, Industrial, Public, and Semipublic Uses. A. Surface water-oriented commercial uses and industrial, public, or semipublic Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 27 of 37 uses with similar needs to have access to and use of public waters may be located on parcels or lots with frontage on public waters. Those uses with water-oriented needs must meet the following standards: (1) in addition to meeting impervious coverage limits, setbacks, and other zoning standards in this ordinance and Chapter 10 (Zoning Ordinance), the uses must be designed to incorporate topographic and vegetative screening of parking areas and structures; (2) uses that require short-term watercraft mooring for patrons must centralize these facilities and design them to avoid obstructions of navigation and to be the minimum size necessary to meet the need; and (3) uses that depend on patrons arriving by watercraft may use signs and lighting to convey needed information to the public, subject to the following general standards: (a) no advertising signs or supporting facilities for signs may be placed in or upon public waters. Signs conveying information or safety messages may be placed in or on public waters by a public authority or under a permit issued by the county sheriff; (b) signs may be placed, when necessary, within the shore impact zone if they are designed and sized to be the minimum necessary to convey needed information. They must only convey the location and name ofthe establishment and the general types of goods or services available. The signs must not contain other detailed information such as product brands and prices, must not be located higher than ten feet above the ground, and must not exceed 32 square feet in size or consistent with those provisions contained in Chapter 10 (Zoning Ordinance), whichever are more restrictive. If illuminated by artificial lights, the lights must be shielded or directed to prevent illumination out across public waters; and (c) other outside lighting may be located within the shore impact zone or over public waters if it is used primarily to illuminate potential safety hazards and is shielded or otherwise directed to prevent direct illumination out across public waters. This does not preclude use of navigational lights. B. Uses without water-oriented needs must be located on lots or parcels without public waters frontage, or, if located on lots or parcels with public waters frontage, must either be set back double the normal ordinary high water level setback or be substantially screened from view from the water by vegetation or topography, assuming summer, leaf-on conditions. Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 st Reading - March 7, 2005 Page 28 of 37 6.2 Agriculture Use Standards. A. General cultivation farming, grazing, nurseries, horticulture, truck farming, sod farming, and wild crop harvesting are permitted uses if steep slopes and shore and bluff impact zones are maintained in permanent vegetation or operated under an approved conservation plan (Resource Management Systems) consistent with the field office technical guides of the local soil and water conservation districts or the United States Soil Conservation Service, as provided by a qualified individual or agency. The shore impact zone for parcels with permitted agricultural land uses is equal to a line parallel to and 50 feet from the ordinary high water level. B. I'.nimal roeelots m\,Jst maet the fallewin€j staneaFEls: (1) new feeelets must not be leGated in the sher-elane of 'IIater:seuFSes er in Bluff impast zenes ane must meet a minimum setBaGk of 300 feet fFem the oFElinary hi€jh water le'.'el of all publis wateFs Basine:; and . (2) moditicatiens or oXJ;laRsions te existing feeelots that are losatee 'Nithin 300 feet ef the er-EIinary hi€jh water le'lel er within a bluff impast zeno are allewea if they ee net fljFlher onGFOach into the existin€j ereinary hi€jh water level setBask or enGroach on Bluff impastzones. 6.3 Forest Management Standards. The harvesting of timber and associated reforestation must be conducted consistent with the provisions of the Minnesota Nonpoint Source Pollution Assessment-Forestry and the provisions of Water Quality in Forest Management "Best Management Practices in Minnesota." 6.4 Extractive Use Standards. A. Site Development and Restoration Plan. An extractive use site development and restoration plan must be developed, approved, and followed over the course of operation of the site. The plan must address dust, noise, possible pollutant discharges, hours and duration of operation, and anticipated vegetation and topographic alterations in addition to any requirements contained in Chapter 10 Land Use Reaulations (Zoning Ordinance). It must also identify actions to be taken during operation to mitigate adverse environmental impacts, particularly erosion, and must clearly explain how the site will be rehabilitated after extractive activities end. B. Setbacks for Processing Machinery. Processing machinery must be located consistent with setback standards for structures from ordinary high water levels of public waters and from bluffs. Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 29 of 37 €Ui Minin!j ef Metallic Minerals and Poat. Mining of metallic minerals ana l3eat, as defined in Minneseta StaMos, seGlions 93.<1<1 to 93.51, shall bo a permittoe use pmvieoe tl:1e pmvisions of MiFlResota Statl,Jtes, sostions 93.<1<1 to 93.51, anS Chal3ter 10 (Zoning OFdinance) are satisfiod. Subd.7. Special Usos Deleted in its entirety Speciall,Jsos allowablo witl:1in shorelans aroas shall bo subjost to tl:1o rovie>t: ane appr-ovall3msosl,Jr-es, ana criteria anS sonaitiens fer roviow ef sl3osiall,Jses establishoa somml,Jnity wide. TRe follewin!j aaaitienal evall,Jatien eFiteria and conditiens al3l3ly witl:1in shorelane ar-eas: 7.1 Evall,Jation eriteria. ^ tReml,J!jR evaluation of the waterbody and the tel3o!jr-aI3Ric, vOfjotation, and soils senditions on the site must bO made te onSl,Jr-e: (1) tRo l3r8vention of soil erosion or other l3essiBle 1301ll,Jtion of public water-s, BetR E:!l,Jring ans aftor sonstrustien; (2) tRe visibility of struGlures and other faeilities as 'liewea fr-om public wator-s i& limiteEf: (3) the site is aE:!oEjl,Jate for water supply amI on site sowage treatmont; and (<1) the ty130S, l,Jses, and numbers of .....ater-cmft that the pr-ojest will fjoner-ate are seml3atible in r-elation to the suitability of public 'NateFs te safoly aesommeaato tRosa water-sr-aft. 7.2 Conditions attasRod to spesial use permits. The Hastinfjs City Cel,Jnsil, l,Jpon consiaer-atien ef the criteria listed aBeve anE:! tRe pUFl3eses of this orainance, sRall attacR sueR sonE:!itiens te tRo issl,Janso ef tRe spesiall,Jso permits as it E:!eems necessary to fulfill tRe I3IHpOses of this or-dinanso. Sl,JSR senE:!itiens may inslude, but are not limited to, the followinfj: (1) inereased setBaeks fr-om tRe er-eJinary RifjR water le'"el; (2) limitatiens en tl:1o natl,Jral 'lofjotation to bo r-emevoe er tl:1e FeEjl,Jiromont tl:1at aaaitional vefjotation Be I3lantea; ana (3) spesiall3F9visions for the location, dosign, and use of stnuGlures, sowafjo treatment systoms, wator<;r.aft launching and docking ar-oas, anE:! '..ol'liele l3arkinfj areas. Subd.8. Water Supplv and Sewaqe Treatment 8.1 Water Supply. Any public or private supply of water for domestic purposes Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1st Reading - March 7, 2005 Page 30 of 37 must meet or exceed standards for water quality of the Minnesota Department of Health and the Minnesota Pollution Control Agency. 8.2 Sewage treatment. Any premises used for human occupancy must be provided with an adequate method of sewage treatment in compliance with Chapter 4 Construction Reoulations of the Code of Ordinances and, as follows: A. Publicly-owned sewer systems must be used where available. B. All private sewage treatment systems must meet or exceed the Minnesota Pollution Control Agency's standards for individual sewage treatment systems contained in the document titled, "Individual Sewage Treatment Systems Standards, Chapter 7080", a copy of which is hereby adopted by reference and declared to be a part of this ordinance. C. On-site sewage treatment systems must be set back from the ordinary high water level in accordance with the setbacks contained in Section 16.05. Subd. 2.1 ~ of this ordinance. D. All proposed sites for individual sewage treatment systems shall be evaluated in accordance with the criteria in subitems (1 )-(4) below. If the determination of a site's suitability cannot be made with publicly available, existing information, it shall then be the responsibility of the applicant to provide sufficient soil borings and percolation tests from on-site field investigations. Evaluation criteria: (1) depth to the highest known or calculated ground water table or bedrock; (2) soil conditions, properties, and permeability; (3) slope; (4) the existence of lowlands, local surface depressions, and rock outcrops; E. Nonconforming sewage treatment systems shall be regulated and upgraded in accordance with Section 16.05, &9stioA 6.1 J Subd. 8.2 of this ordinance. SEcnON1~06-NONCONFORMlnES All legally established nonconformities as of the date of this ordinance may continue, but they will be managed according to applicable state statutes and Chapter 10 Land Chapter 16 - Shoreland Ordinance Draft No.6 - City Council 1 " Reading - March 7, 2005 Page 31 of 37 Use Requlations (Zoning Ordinance) for the subjects of alterations and additions, repair after damage, discontinuance of use, and intensification of use; except that the following standards will also apply in shoreland areas: Subd.1. Construction on nonconforminQ lots of record. A. Lots of record in the office of the county recorder on the date of enactment of local shoreland controls that do not meet the requirements of Section M 16.05, Subd. 1 of this ordinance may be allowed as building sites without variances from lot size requirements provided the use is permitted in the zoning district, the lot has been in separate ownership from abutting lands at all times since it became substandard, was created compliant with official controls in effect at the time, and sewage treatment and setback requirements of this ordinance are met. B. A variance from setback requirements must be obtained before any use, sewage treatment system, or building permit is issued for a lot. In evaluating the variance, the board of adjustment shall consider sewage treatment and water supply capabilities or constraints of the lot and shall deny the variance if adequate facilities cannot be provided. C. If, in a group of two or more contiguous lots under the same ownership, any individual lot does not meet the requirements of Section M 16.05. Subd. 1 of this ordinance the lot must not be considered as a separate parcel of land for the purposes of sale or development. The lot must be combined with the one or more contiguous lots so they equal one or more parcels of land, each meeting the requirements of Section M 16.05. Subd. 1 of this ordinance as much as possible. Subd.2. Additions/expansions to nonconforming structures. A. All additions or expansions to the outside dimensions of an existing nonconforming structure must meet the setback, height, and other requirements of Section 16.05. Subd. 2 M of this ordinance. Any deviation from these requirements must be authorized by a variance pursuant to Section ~ 16.03. Subd. 2. B. Deck additions may be allowed without a variance to a structure not meeting the required setback from the ordinary high water level if all of the following criteria and standards are met: (1) the structure existed on the date the structure setbacks were established; (2) a thorough evaluation of the property and structure reveals no reasonable location for a deck meeting or exceeding the existing ordinary high water Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1st Reading - March 7, 2005 Page 32 of 37 level setback of the structure; (3) the deck encroachment toward the ordinary high water level does not exceed 15 percent of the existing setback of the structure from the ordinary high water level or does not encroach closer than 30 feet, whichever is more restrictive; and (4) the deck is constructed primarily of wood, and is not roofed or screened. Subd.3. Nonconformina sewaae treatment svstems. A. A sewage treatment system not meeting the requirements of Section &,3 16.05. Subd. 8.2 of this ordinance must be upgraded, at a minimum, at any time a permit or variance of any type is required for any improvement on, or use of, the property. For the purposes of this provision, a sewage treatment system shall not be considered nonconfomning if the only deficiency is the sewage treatment system's improper setback from the ordinary high water level. B. The City of Hastings will require upgrading or replacement of any nonconfomning system identified by t~is I3FegFDR1 within a reasonable period of time which will not exceed 2-years. Sewage systems installed according to all applicable local shoreland management standards adopted under Minnesota Statutes, section 105.485, in effect at the time of installation may be considered as confomning unless they are determined to be failing, except that systems using cesspools, leaching pits, seepage pits, or other deep disposal methods, or systems with less soil treatment area separation above groundwater than required by the Minnesota Pollution Control Agency's Chapter 7080 for design of on-site sewage treatment systems, shall be considered nonconforming. SECTION 16.07 - SUBDIVISION/PLATTING PROVISIONS Subd.1. Land suitabilitv. Each lot created through subdivision pursuant to Chapter 11 (Subdivision Ordinance) shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the city shall consider susceptibility to flooding, existence of wetlands, soil and rock formations with severe limitations for development, severe erosion potential, steep topography, inadequate water supply or sewage treatment capabilities, near-shore aquatic conditions unsuitable for water-based recreation, important fish and wildlife habitat, presence of significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of future residents of the proposed subdivision or of the city. Subd.2. Consistencv with other controls. Subdivisions must conform to all official controls of thiscommunity including, but not limited to, Chapter 11 (Subdivision Ordinance). A subdivision will not be approved where a later variance from one or more standards in official controls would be needed to use the lots for their intended purpose. In areas not served by publicly owned sewer and water systems, a Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1st Reading - March 7, 2005 Page 33 of 37 subdivision will not be approved unless domestic water supply is available and a sewage treatment system consistent with Sections 5.2 and 5.8 16.05, Subd. 8.2 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional requirements of Section ~16.05. Subd. 2, including at least a minimum contiguous lawn area, that is free of limiting factors sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks must not be approved. Subd.3. Information requirements. Sufficient information must be submitted by the applicant for the city to make a determination of land suitability. In addition to the requirement contained in Chapter 11 (Subdivision Ordinance), the information shall include at least the following: (1) topographic contours at ten-foot intervals or less from United States Geological Survey maps or more accurate sources, showing limiting site characteristics; (2) the surface water features required in Minnesota Statutes, section 505.02, subdivision 1, to be shown on plats, obtained from United States Geological Survey quadrangle topographic maps or more accurate sources; (3) adequate soils information to determine suitability for building and on-site sewage treatment capabilities for every lot from the most current existing sources or from field investigations such as soil borings, percolation tests, or other methods; (4) information regarding adequacy of domestic water supply; extent of anticipated vegetation and topographic alterations; near-shore aquatic conditions, including depths, types of bottom sediments, and aquatic vegetation; and proposed methods for controlling stormwater runoff and erosion, both during and after construction activities; (5) location of 1 DO-year flood plain areas and floodway districts from existing adopted maps or data; and (6) a line or contour representing the ordinary high water level, the "toe" and the "top" of bluffs, and the minimum building setback distances from the top of the bluff and the lake or stream. Subd.4. Dedications. When a land or easement dedication is a condition of subdivision approval, the approval must provide easements over natural drainage or ponding areas for management of stormwater and significant wetlands. Subd.5. Plattinq. All subdivisions that create five or more lots or parcels that are 2-1/2 acres or less in size shall be processed as a plat in accordance with Minnesota Statutes, Chapter 505. All subdivisions shall comply with the requirements of Chapter Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 " Reading - March 7, 2005 Page 34 of 37 11 Subdivision Reaulations of the Code of Ordinances. No permit for construction of buildings or sewage treatment systems shall be issued for lots created after these official controls were enacted unless the lot was approved as part of a formal subdivision. Subd.6. Controlled Access or Recreational Lots. Lots intended as controlled accesses to public waters or for recreational use areas for use by non riparian lots within a subdivision must meet or exceed the sizing criteria in Section &.44 16.05. Subd. 1.4C of this ordinance. SECTION 16.08 PLANNED RESIDENTIAL DEVELOPMENTS Subd. 1 Applicabilitv New projects built on undeveloped land. redevelopment of previously built sites and conversions of the use of existina buildinas and lands that contain multiple familv units. multi-use structures. mixed residential and commercial uses. cluster developments and other similar projects may be developed as a planned residential development (PRO) in accordance with the provisions of Chapter 10 Land Use Reaulations (Zonina) of the Code of City Ordinances as follows: A. Properties zoned DC - Downtown Core are subiect to the PRO provisions of Chapter 10. Section 10.14. Subd 2e. as amended and are exempt from the provisions of this section. B. All other properties are subiect to the provisions in subpart A above and Subd. 4 - Density Calculation. below. C. Only areas served by municipal water and sanitary sewer service may be developed as a PRO. Subd.2 Density The density of development for each proiect shall not exceed the densitv established for the property within the 2020 Comprehensive Plan. as amended from time to time. Subd.3 Special Use Permit and Site Plan Review All proiects that are developed as a PRO shall reauire both special use permit and site plan apProval in accordance with the provisions of Chapter 10 Land Use Reaulations (Zonina) of the Code of City Ordinances. Notice of the application shall be sent to the Department of Natural Resources in accordance with Section 16.03. Subd. 3. Subd.4 Density Calculation Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 35 of 37 Density increases for all proposed Shoreland PRD's (with the exception of properties zoned DC) shall be eyaluated usina the followina procedures and standards: 4.1 Shoreland Tier Calculations - The proiect parcel must be divided into tiers by locatina one or more lines approximately parallel to a line that identifies the ordinary hiah water level (OHWl) at the followina intervals. proceedina landward: Shoreland Tier DimensiOns Sewered (in feet) 267 320 300 Recreational Development Lake - Lake Isabel Natural Environment Lake - Lake Rebecca All River Classes 4.2 Net Area Calculation - The net area within each tier is next calculated by subtractina all wetlands. bluffs. and land below the ordinarv hiah water level of public waters. 4.3 Base Density Calculation - The Net Area within each tier is divided by the residential lot area standards for lakes or rivers as established in Section 16.05. Subd. 2 to determine a Base Density. 4.4 Bonus Density Calculation - Properties are eliaible for a Bonus Density based as follows: Shoreland Tiers (Landward from the OHWl) Maximum Density increase within each tier (as a percent) First Second Third - Fifth 50 100 200 The density for the development shall not exceed the density established for the property within the 2020 Comprehensive Plan. as amended from time to time. Subd.5 Open Space 5.1 All PRD's must contain open space that comprises at least 50 percent of the total proiect area that shall be preserved by use of restrictive deed covenants. permanent easements. public dedication and acceptance. or other eaually effective and permanent means. 5.2 Dwellina units or sites. road riahts-of-ways. or land covered by road surfaces. parkina area. or structures. except water-oriented structures or facilities. shall not be included in the computation of minimum open space. Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1" Reading - March 7, 2005 Page 36 of 37 5.3 Open space may include areas with phvsical characteristics unsuitable for development in their natural state. and areas containina sianificant historic sites or unplatted cemeteries. 5.4 Open space may include outdoor recreational facilities for use bv owners of the dwellina units or sites. or the public. 5.5 The Shore Impact Zone. based on the normal structure setback. must be included as open space. At least 50 percent of the Shore Impact Zone area of expansions to existina developments: or at least 70 percent of the Shore Impact Zone area of new developments must be preserved in their natural or existina state. Subd. 6 Desian Criteria 6.1 Clusterina - Dwellina units or site must be clustered into one or more aroups and located on suitable areas of the development. 6.2 Buildina Setbacks - Each buildina must be setback a minimum of 225 feet from the ordinarv hiah water level of rivers and 300 feet from the ordinarv hiah water mark of lakes. All other setbacks established in Section 16.05 shall not be eliaible for deviation under the terms of the PRO. 6.3 Buildina Setbacks for Increased Densities - Maximum density increases shall onlv be allowed if structure setbacks from the OHWL are increased in accordance with this section of the Ordinance or the impact on the water body is reduced an eauivalent amount throuah veaetative manaaement. topoaraphv. or additional means acceptable to the City and the setback is at least 25 percent areater than the minimum setback established in Section 16.05. 6.4 Shore Recreation Facilities - Shore recreation facilities includina but not limited to swimmina areas. docks. and watercraft moorina areas and launchina ramps must be centralized and located in suitable areas. Evaluation of suitabilitv shall include consideration of land slope. water depth. veaetation. soils. depth to around water and bedrock. or other relevant factors. The number of spaces provided for continuous beachina. moorina. or dockina of watercraft shall not exceed one for each allowable dwellina unit or site within the first (1st) Shoreland Tier. as determined bv Subd. 4.1 of this Section. Launchina ramp facilities. includino a small dock for loadina and unloadina equipment may be provided for use bv occupants of dwellina units or sited located in other tiers. 6.5 Structures. parkina areas. and other facilities must be treated to reduce visibility as viewed from public waters and adiacent shorelands bY veaetation. topoaraphy. increased setbacks. and\or color (assuminq summer leaf-on conditions). Veaetative and topoaraphic screenina must be preserved if existina or may be Chapter 16 - Shoreland Ordinance Draft NO.6 - City Council 1 " Reading - March 7, 2005 Page 37 of 37 reauired to be provided. Subd. 7 Administration and Manaaement 7.1 Before final approval of a PRO, adeauate provision shall be developed from preservation and maintenance in perpetuity of open spaces and for the continued existence and functionina of the PRO. 7.2 Open Space Preservation - Deed restrictions. covenants. permanent easements. public dedication and acceptance. or other eauallv effective and permanent means shall be provided to ensure lona-term preservation and maintenance of open space. 7.3 Development Oraanization and Functionina - All PRO's shall establish an owners association and covenants or suitable oraanization acceptable to the Citv to ensure the maintenance of all property and facilities in held in common ownership for the development. (Sections 16.08~ through 16.98, inclusive, reserved for future expansion) SECTION 16.99 VIOLATION A MISDEMEANOR Every person violates a section, subdivision, paragraph or provision of this chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. Source: Effective Date: Ordinance 341, Second Series June 16, 1994 - Entire Chapter VI.5 This item will be send out separately on Friday. VI.6 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR DONATION TO THE POLICE DEPARTMENT WHEREAS, Clayton G. Kukacka has presented to the City a donation of $ 13.00 and have designated that this donation be used for Hastings Police Department Canine Program and WHEREAS, the City Council is appreciative of the donation and commends Clayton G. Kukacka for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for Hastings Police Department Canine Program. Adopted his 7th day of March, 2005 Michael Werner, Mayor Attest: Melanie Mesko Lee, City Clerk VI.7 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR DONATION TO THE POLICE DEPARTMENT WHEREAS, Richard J. Larson has presented to the City a donation of $ 25.00 and have designated that this donation be used for Hastings Police Department Canine Program and WHEREAS, the City Council is appreciative of the donation and commends Richard J. Larson for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for Hastings Police Department Canine Program. Adopted his 7th day of March, 2005 Michael Werner, Mayor Attest: Melanie Mesko Lee, City Clerk VI-8 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ,,~.... ~ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR DONATION TO THE POLICE DEPARTMENT WHEREAS, Hastings School District has presented to the City a donation of $ 1,620.00 and have designated that this donation be used for Hastings Police Department Reserve Program (2004 football security) and WHEREAS, the City Council is appreciative of the donation and . commends Hastings School District for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; .. 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for Hastings Police Department Reserve Program. Adopted his 7th day of March, 2005 Michael Werner, Mayor Attest: Melanie Mesko Lee, City Clerk VII-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Adminstrator March 3, 2005 LeDuc Mansion Wallpaper Project Recommended City Council Action The City Council is asked to take action authorizing City Staffto work with Carole Zellie of Landscape Research to complete the following tasks relating to the wallpaper manufacture at the LeDuc Mansion: a.) Authorize the acquisition of "Print Chateau de Mores in cream, red, gold" wallpaper for the Library at a cost of$2,012, from Carter and Co. b.) Utilize the services of Wolff House for the design and production of wallpaper in the Dining Room, at a cost of$5,280. c.) Utilize the services of Wolff House for the design of wallpaper in the southwest bedroom, at a cost of $5,280, subject to identification of a suitable sample for reproduction. Backf!round The City of Hastings, with the assistance and expertise of Carole Zellie from Landscape Research received proposals to obtain prices for the reproduction of wallpaper in three rooms at the LeDuc Mansion. Paper will be installed in the rooms where historic designs can be documented. Proposals were received from Jeff Gabric of Wolff House Wallpapers in Ohio, and Carter and Company in California. The installation of the wallpaper will be completed by others, with a recommendation forthcoming to the City Council, likely at the meeting on March 21,2005. Both firms have suggested that there is not a great deal of information to base their reproductions. While there are certain scraps of the Anglo-Japanese Library, it does not suggest a full reproduction. The photos of the dining room and bedroom are fair, but do not show the color detail. With some flexibility in the action by the City Council, combined with a willingness of each of the companies to work with the City, and utilizing the services of Carole Zellie, an excellent product will be acquired, which best represents the historic nature of the Leduc Mansion. A copy of the spreadsheet that Carole Zellie prepared is attached for your information. LeDuc House Wallpaper Proposal Analysis (Consultant's best options show asterisk") 2120/0 C.Zellie AlII Reproduce design from $5,6tO Each add'l AliI Reproduce design $5,280* Since proposing. have sample separation from our sample reconsidered (4,000 $500;,." ($3600 reproduction of saJ11'le design + added I to the design + 1,610 2 they $1,680 rolls sed rolls All 2 Print Chateau de Mores $2012- Good general Develop and print 5,280 Samples shown not as in cream, red, gold (they (rolls) match for SPNEA sample ($3600 good as Chateau de own this paper) Leduc sample design + Mores $1,680 roUs ~t AliI Reproduce design from $8,409. Doesn't photo ($6,500 rccommc:nd design + reproduction &om $1,909 photo rons All 2 Reproduce design $1702 Not a good Reproduce design $5,280* Good match for plDto. ''Oglesby Damask" (rolls) match ftom SPNEA #2 ($3600 color can be adjusted. design + $1,680 rolls) AliI Reproduce design from $9,024. Doesn't photo ($7,000 recommend design+ reproduction from $2,024 photo rons All 2 Reproduce design $1,840 Nota good Reproduce Wolff $1,680 Okay, but not the best "Netzley-Vender Stripe." (rolls) match House "18605 match. Wolffbouse can Stripe" do more research to find another paper at SPNEA and other sources. (see alt3 Reproduce SPNEA sample to be identified Library from Carter; rest VII-2 Memo "'.... 'I> To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 7, 2005 Subject: Public Hearing and Resolution - Vacation of Right of Way #2005-12 - East Yo of Lake Street, south of 4th Street - Kenneth Holtz REQUEST The City Council is asked to hold a puplic hearing to vacate the East Yo of Lake Street south of 4th Street, between Blocks 14 and 15, Barkers Addition. Kenneth Holtz, owner of the adjacent eastern property has petitioned for the request. VACATION REVIEW Existing Condition The existing right-of-way is unimproved and provides limited opportunity for future connection to the south. Topography slopes down over 20 feet from 4th Street to the Lake Isabel outlet to the Vermillion Slough. An accessory building constructed by the former property owner to the east presently exists within the right-of-way. It should be noted that if the Council chooses to not vacate this portion of the Lake St ROW, that the garage will need to be removed from the ROW. Conditions for Vacation The Building Official inspected the existing garage and lean-to, which are located within the right-of-way. While the garage is structurally sound, the lean-to is not. Staff will recommend that if the vacation is approved, that Mr. Holtz would need to remove thaJean-to and place a weather-resistant barrier on the garage. Utilities Municipal utilities do not exist in the right-of-way. CenterPoint Energy, Comcast, and Xcel Energy responded that they have no utilities within the Lake St ROW. Sprint responded that there are individual service lines in that area, but that they are not concerned with the vacation of the west Yo of Lake Street. ATTACHMENTS . Location Map . Application "'..... ,. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING THE EAST 'Iz OF LAKE STREET SOUTH OF FOURTH STREET EAST, HASTINGS, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, Kenneth Holtz has initiated consideration to vacate the East 'Iz of Lake Street south of Fourth Street East, legally described as follows: The East 'Iz of that portion of Lake Street between Blocks 14 and 15, BARKERS ADDITION, Dakota County Minnesota lying south of the East 4th Street right-of- way as originally platted in said addition. WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, which hearing 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 hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate the East 'Iz of Lake Street south of Fourth Street East as originally platted is hereby approved. 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 upon completion of the following within one years time of this approval: 1) That the lean-to addition to the garage structure is removed. 2) That the garage has a weather-resistant exterior added to the structure. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. As passed this 7tJ1 day of March, 2005. 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 7tJ1 day of March 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 LAND ,UJSf: APPLICATION , CITY OF HASTI/IIGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: Legal ~ption of Pro~rty: .~ltk w+- Ij;~) D~ Vttu,~, <S\J\,lt\f) 0 ~ =+2" 0r ~. ~~LYI J.f.l/fYjj ~ UJVYr"?S;/- I~-t Description of Request (include site plan, survey, and/or plat if applicable): VaccLtG P-cw d~Vl0Ld {AJonv~. Applicant: Name Address Phone Fax Email Owner (If different from Applicant): Name Address Phone Fax Email . Check applicable box(es): . Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Signature of Applicant Note: All fees and escrow amounts due at time of application. $600 $500 $500 $500 $250 .'5(;.. $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.1.: $1500 (Engineering) - 5,000 - 10,000 s.1.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.1. +: $4000 ($1000 Planning + $3000 Engineering) , Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment . Vacate ROW/Easement $50 $500 $500 $50 $400 Date Signature of Owner Date Official Use 9~.!L File# ~2-- Fee Paid N I . Owner Name. Please Print Rec'd By: ,-}rt Receipt # 4/23/2003 Date Rec'd~00 App. Complete 2-- ch Lake St Vacation - East 1/2 South of 4th St - requested by Kenneth Holtz Legend - Buildings : ,,/ Roads o Parcels Map Date: February 2, 2005 N ~ W*E s Site Location VIII-A-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March I, 2005 Resolution - Restrict Parking within the Summit Point Development between the hours of 7:00 AM and 3:30 PM, School Days. Enclosed is a request from eleven property owners in the Summit Point Development requesting that parking on Glenlou Way, Summit Point Dr. and Summit Point Ct. be restricted during school hours. Apparently, high school students are using the street to park on and littering and cutting through yards. Council is requested to adopt the enclosed resolution that would prohibit parking between the hours of 7:00 AM and 3:30 PM, on school days. eIn' OF IIASTIIIIIS CITY OF HASTINGS DA:KOTA COUNTY, MINNESOTA Resolution No. REsOLUTION ESTABLISHING PARKING REsTRICTIONS ON GLENLOU WAY, SUMMIT POINT DRIVE AND SUMMIT POINT COURT WHEREAS, high school student parking on Glenlou Way, Summit Point Drive and Summit Point Court is creating a nuisance for abutting property owners, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; That City staff is hereby directed to place signage prohibiting parking on Glenlou Way, Summit Point Drive and Summit Point Court between the hours of 7:00 AM and 3:30 PM, on school days. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7th DAY OF MARCH, 2005. Ayes: Nays: Michael D. Werner, Mayor ATIEST: Melanie Mesko Lee, City Clerk (Seal) Q5 en --c Q) c c._ (/) u.. "'C -- Q.) ~ c 0 Q.)OE I.... 0 ,I 0 (/) c.. 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CITY OF HASTINGS CITY HALL 101 4th Street East Hastings, MN 55033-1955 651480-2350 Fax: 651-437-7082 www.ci..hastings.mn.us cityhall@ci.hastings.mn.us Department of Building Safety 651-480-2342 Engineeringl Planning/HRA/HPC 651-480-2334 Public Works 1225 Progress Drive 651-480-6185 Parks & Recreation 920 lOth Street West 651-480-6175 Police 150 3rd Street East 651-480-2300 Fire 115 5th Street West 651480-6150 Civic Arena 2801 Red Wing Boulevard 651-480-6159 Aquatic Center 901 Maple Street 651480-2392 March I, 2005 Re: Parking Restrictions in Summit Point Development Dear Property Owner: The Hastings Public Works Department has received a request to post parking restrictions on Glenlou Way, Summit Point Drive and Summit Point Court to restrict parking by high school students during school hours. I will be forwarding this request to the Hastings City Council for action at their March 7, 2005 Council meeting. Parking is proposed to be prohibited from 7:00 AM to 3:30 PM on school days. The Hastings City Council will meet at 7:00 PM on Monday, March 7 at the Hastings City Hall, 101 4th 81. East, to consider this issue. You are welcome to attend. If you cannot attend the meeting but would like to comment on the proposed parking restrictions, please contact the Public Works Department at 651480-6185, and we will forward your oomments to the City Council. Sincerely, Thomas M. Montgomery, P.E. Public Works Director cc: Mayor and Council Dave Osberg, City Administrator lIastinp on the Mississippi MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 7, 2005 Update on Proposed Summit Point Development Parking Restrictions Staffhas received the enclosed 7 comments on the proposed parking restrictions for the Summit Point Development. As Council will note, 4 of the 7 comments are from homeowners living on Summit Point Drive or Court. All four oppose the parking restrictions, primarily concerned about the loss of guest parking. The remaining 3 comments are from Glenlou Way residents, as were the other 9 petitioners. II of the 12 residents who petitioned or commented are in favor of the parking restrictions. STAFF RECOMMENDATION Given the level of opposition from Summit Point Drive residents, I recommend removing Summit Point Drive and Summit Point Court from the proposed parking restriction resolution, and adopting parking restrictions only for Glenlou Way. If parking on Summit Point Drive or Summit Point Court becomes an issue, Council may adopt parking restricts then. ern' OF BAST1116S Parking Restrictions on Glenlou Way, Summit Point Drive & Summit Point Court Comments: 3/3/05 - Jean Schmitt, 377 Summit Point Court - She hosts gatherings several times per week at her house. She would require on-street parking during the restricted hours for her guests. 3/3/05 - Ken Hannemann, 394 Summit Point Drive - He is concerned about the loss of parking for his cars or visitors. He prefers parking restrictions that target the High School students only. 3/3/05 - John Meyer, 143 Glenlou Way - He wants to make sure there are enough signs posted throughout areas, on both sides of street. He wants to make sure all signs are very visible and it is clear there is no parking on either side of street. 317/05 - Summit Point Drive (Resident) - He said the letter states - posting parking restrictions to restrict parking by high school students - will this also restrict residents parking on the streets? Some of the residents require and need on-street parking during the week. He also said at one of their association meetings it was bought up that if there are any problems with students parking on Summit Point or other streets, call the principal and he would handle the situation, has he been approached? Note: The parking restriction propased would restrict all parking. No contact has been made with the High School Principal, but based on our experience with the old High School site, there was nothing the Principal could do off of school property. 3/7/05 - Glenlou Way (Resident) - She was opposed to the parking restrictions, concerned about the loss of daytime parlcing for guests. She thought the proposed parking restrictions were an overreaction to the parking that is occurring. 3/7/05 - Cheryl Crosby, 235 Summit Point Drive - She is against the parking restrictions because they would elimin"t" guest parlcing during daytime hours. She would prefer a two hour parking restriction instead. 3/7/05 - Lee Ann Myers, 248 Glenlou Way - She said there are six cars parked out there today. Since they have been parking there, there has been so much more litter (i.e. cigarettes, food wrappers, cups. pencils, oil from leaking cars). The students have also been CfOS1Iing between the buildings on their way into school. She is in favor of the proposed parking restrictions on her street. VIII-A-2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 2, 2005 Annual Utility Rate Review WATER RATES - CURRENT RATE: $1.45/1,000 GALLONS No CHANGE RECOMMENDED No change to water rates are recommended for 2005. Estimated revenues for 2005 based on a five year average usage are expected to show a small deficit after deducting estimated 2005 expenses. The 2005 expenses include a five year average ofwatermain replacement costs. Both water usage and watermain replacements are calculated on five year averages to level out fluctuations in usage due to variable weather, and fluctuations in watermain replacements based on street reconstruction needs. WASTEWATER RATES - CURRENT RATE: RECOMMENDED $2.45/1,000 GALLONS $2.5511,000 GALLONS Wastewater rates are recommended to increase to $2.55/1 ,000 gallons. Estimated revenues for 2005 based on a five year average are expected to show a $100,000 deficit. The deficit is directly attributable to sanitary sewer replacement costs over the past several years. As the City continues to reconstruct its older streets, additional sanitary sewer main replacement will occur. The recommended $0.1 0/1 ,000 gallon rate increase will generate an additional $60,000 of revenue per year. ern' OF 111tST1116S WAC, SAC, & INTERCEPTOR SEWER CHARGES Charaes Current Rate Recommended Rate WAC $1,245 $1,350 SAC $660 $715 Interceptor Sewer $335 $365 Council adopted a resolution in 1993 that updated utility connection fees and indexed these fees to the American City and County magazine construction cost index. This index increased 8.3% last year. Accordingly, staff is recommending increasing the connection fees as shown above. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolution that would: . increase the wastewater rate to $2.55/1,000 gallons . increase WAC charge to $1,350 . increase SAC charge to $715 . increase Interceptor Sewer charge to $365 If adopted, the WAC, City SAC, and Interceptor Sewer Charge increases would go into effect immediately for all new permit applications and final plat approvals. The wastewater rate increase would be implemented with the April billing. - eIn' OF HItSTlNIIS CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION INCREASING THE W ASTEW ATER COMMODITY RATE, THE WATER ACCESS CHARGE, THE CITY SEWER ACCESS CHARGE, AND THE INTERCEPTOR SEWER CHARGE WHEREAS, the City of Hastings presently owns and operates the municipal water system and the sanitary sewer collection system and sells this service to industrial, commercial, and residential consumers, and WHEREAS, the City of Hastings has completed an analysis of the charges of providing said services, and WHEREAS, the City of Hastings has determined that it is necessary to increase the cost of said services to prevent the City utilities from operating at a loss. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; I. The existing wastewater commodity rate of$2.45/1,000 gallons shall be increased to $2.55/1,000 gallons effective with the April 2004 billing. 2. The existing Water Access Charge (WAC) shall be increased from $1,245 to $1,350 effective upon the adoption of this resolution. 3. The existing City Sewer Access Charge (SAC) shall be increased from $660 to $715 effective upon the adoption of this resolution. 4. The existing Interceptor Sewer Charge shall be increased from $335 to $365 effective upon the adoption of this resolution. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TillS 7TH DAY OF MARCH, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) VIII-A-3 MEMO To: From: Date: Re: Honorable Mayor and City Council Torn Montgomery March 2, 2005 Resolution Ordering Feasibility Study for Proposed 2005 Downtown Redevelopment Public Improvements Enclosed for Council considerations is a resolutions requesting a feasibility study for the following public improvements proposed for construction in 2005 in conjunction with downtown redevelopment plans: PROJECT 2005-5. DOWNTOWN REDEVELOPMENT PUBLIC IMPROVEMENTS . Ramsey Street, between I" St. and 2nd St. - Proposed improvements would include street reconstruction, sidewalk replacemeRt, street lighting, streetscape improvements, watermain extension, and storm sewer replacement, including a new outfall to the Mississippi River. . Tyler Street, between l't St. and 2nd St. - Proposed improvements would include street reconstruction, sidewalk replacement, street lighting, streetscape improvements, right of way acquisition, watermain replacement, and sanitary sewer rehabilitation. . Block 16 Parking Lot - Proposed construction of a 110 space parking lot on the west half of Block 16, including concrete curb and gutter, storm drainage, lighting, and landscape screening. . Trunk Watermain Extension - Proposed extension of a 12 inch diameter trunk watermain from 2nd Street just west of Hwy 61 to Bailly Street, with a connection to East Hastings. Possible watermain alignments will be evaluated, including a riverfront alignment or replacing the existing 2nd Street watermain. . Bailly Street Utility Corridor - Stubbed trunk utility mains are proposed to be installed in the Bailly Street corridor from 2nd Street to the north. The treatment plant relocation will require a sanitary sewer force main to be installed from the existing plant location to the future plant location. The likely alignment for this large force main will be Bailly Street to 10th Street. Future reconstruction of Bailly Street between 2nd St. and 10th St. will include a trunk watermain extension, and a diversion of storm water from the 6th St. outfall to Lake Isabel, \\Cityhal12\company\CityDocuments\City Council\Agenda Items\2005\03-07 -2005\Public Works\2005DowntownOrderFeasMemo&Res.doc rerouted north on Bailly St. to discharge to the Mississippi River. Stub force main, watermain, and storm sewer should be installed prior to constructing the Block I road and parking lot improvements. In addition, a trail extension from the Riverfront Trail to 2nd St. will be constructed as part of a future trail extension along Bailly Street to connect to the Vermillion Trail terminus at 8th and Bailly. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolution ordering a feasibility study for Project 2005-5 Downtown Redevelopment Public Improvements and authorize staff to contract with the BDM consulting firm to prepare the preliminary feasibility report. \\Cityhal12\company\CityDocuments\City CouncillAgenda Items\2005\03-07 -2005\Public Works\2005DowntownOrderFeasMemo&Res.doc CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ORDERING THE PREPARATION OF A FEASffiILITY REpORT FOR THE 2005 DOWNTOWN REDEVELOPMENT PUBLIC IMPROVEMENTS WHEREAS, it is proposed to construct the following public improvements as part of the 2005 Downtown redevelopment projects: . Ramsey Street, between 1st St. and 2"d St. - Proposed improvements would include street reconstruction, sidewalk replacement, street lighting, streetscape improvements, watermain extension, and storm sewer replacement, including a new outfall to the Mississippi River. . Tyler Street, between 1st St. and 2"d St. - Proposed improvements would include street reconstruction, sidewalk replacement, street lighting, streetscape improvements, right of way acquisition, watermain replacement, and sanitary sewer rehabilitation. . Block 16 Parking Lot - Proposed construction of a 110 space parking lot on the west half of Block 16, including concrete curb and gutter, storm drainage, lighting, and landscape screening. . Trunk Watermain Extension - Proposed extension of a 12 inch diameter trunk watermain from 2"d Street just west ofHwy 61 to Bailly Street, with a connection to East Hastings. . Bailly Street Utility Corridor - Proposed installation of stubbed trunk utility mains in the Bailly Street corridor from 2"d Street to the north. Utility mains include a sanitary sewer force main, trunk watermain, and trunk storm sewer. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that The above proposed improvements are hereby referred to the Public Works Director for study and he is instructed to report to the City Council with all convenient speed, advising the Council in a.preliminary way as to whether the proposed improvements are feasible and as to whether they would be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. \\Cityha1l2\company\CityDocuments\City CouncillAgenda Items\2005\03-07 -2005\Public W orks\2005DowntownOrderFeasMemo&Res.doc ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7th DAY OF MARCH, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) \ \Cityha1l2\company\CityDocuments\City Council\Agenda Items\200S\03-07 -200S\Public W orks\200SDowntownOrderFeasMemo&Res.doc N 100 0 Bailly Street Utility Corridor .-...->.-_-~,_ t~ ~; ~ fIf~ ~. u~. . ~ 1'1 r- .25 (j ; 1,- --- 'I r---~ \ \\[0\ 'Ir - "\--- r~~L_J ~ <-'.~I .. ..,,:........- IiiII :m \\Cityhal12\company\CityDocuments\City Council\Agenda Items\2005\03-07 -2005\Public W orks\2005DowntownOrderFeasMemo&Res.doc VIII-A-4 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 2, 2005 Resolution Ordering Feasibility Study for Proposed South Frontage Road Reconstruction Enclosed for Council consideration is a resolution requesting a feasibility study for the reconstruction of the South Frontage Road. Project 2005-3, South Frontage Road Reconstruction would involve milling and replacing the bituminous surfacing on the South Frontage Road between Lyn Way and Bahls Drive, and between Westview and Pleasant Drives. The pavement on the South Frontage Road section between Lyn Way and Bahls Drive has been stripping out badly in spots, and the Westview Mall area is also deteriorating quickly. While a 10 year CIP for the City's collector streets has not yet been completed, the South Frontage Road is considered to be in the worst shape of the collector roads. The South Frontage Road is a State Aid Route and eligible for funding from the City's share of gas tax revenues. The current balance in our State Aid Account is about $432,000, which would be applied toward this construction. As per our assessment policies, abutting properties would be assessed for 25% of the estimated project cost. If additional funds are needed for this reconstruction, bonding will be required. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolution ordering a feasibility study for Project 2005-3 South Frontage Road Reconstruction and authorize staff to contract with the BDM consulting firm to prepare the preliminary feasibility report. IICityhal12\company\CityDocuments\City Council\Agenda ltems\2005\03-07 -2005\Public Works\2005 SFR OrderFeasMemo&Res.doc CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ORDERING THE PREPARATION OF A FEASffiILITY REpORT FOR PROJECT 2005-3 SOUTH FRONTAGE ROAD RECONSTRUCTION WHEREAS, it is proposed to construct the following public improvements as part of Project 2005-3 South Frontage Road Reconstruction: SOUTH FRONTAGE ROAD between Lvn Wav & Bahls Drive. and between Westview Drive and Pleasant Drive - street reconstruction, including bituminous milling, excavation, grading and aggregate base reconstruction, and bituminous street surfacing and striping. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that , The above proposed improvements are hereby referred to the Public Works Director for study and he is instructed to report to the City Council with all convenient speed, advising the Council in a preliminary way as to whether the proposed improvements are feasible and as to whether they would be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TIDS 7th DAY OF MARCH, 2005. Ayes: Nays: Michael D. Werner, Mayor AITEST: Melanie Mesko Lee, City Clerk (Seal) IICityhal121companylCityDocumentsICity CouncillAgenda ltems\2005103-07 -2005\Public Works\2005 SFR OrderFeasMemo&Res.doc . i -~-_.~' III cl!i11 , , CI III: , ~ j! Z CI ~ Z ... II i f II ' l1li s: .2 .... ~ ~ J: ;! o & " g a. 6) tft .e s: f IL .J: ~ ~ I~ I " , ,~ %+ .. CW) , I Q) I an Q) I u.. i 0 g \ i 0 'It i N 0 0 .... N ~ 0 ."!t 0 0 d:: g VIII-B-1 Memo .., I' .. To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 7, 2005 Subject: Public Hearing and Resolution - Vacation of Right of Way #2005-12 - East Yo of Lake Street, south of 4th Street - Kenneth Holtz Please see the Staff report and resolution under the Public Hearings section. VIII-B-2 Warg 5horeland Variance - 2nd 5t E and Barker 5t City Council Memo - March 7, 2005 Page 1 Memo To: Mayor Werner and City Council From: Krls Jenson, Associate Planner Date: March 7, 2005 Subject: Resolution - David Warg - Shoreland Variance #2005-08 to vary from minimum lot size and width requirements - 2nd St. E and Barker Street REQUEST David W arg, representing the owner of two adjacent platted lots located at the Southwest corner of 2nd St E and Barker Street requests the following variance to Chapter 16, Section 16.05, Subd. 1.2(B) - Shoreland Management Ordinance: 1) Minimum single family lot size - 15,000 sJ. (Parcels A & B) Parcel A Parcel B R-2 Zoning Shoreland Requirements Reauirements Lot Size 11,200 sJ. 11,200 sJ. 7,000 s.f. 15,000 s.f. Lot Width 80' 80' SO' 7S' Impervious Max of 2S% Max of 25% NA 25% Coveraae 12,800 s.f.\ 12,800 s.f.\ The variance is needed in order to reconfigure the property boundaries to create two new parcels. Both parcels meet the minimum size and width requirements of the underlying R-2 Zoning District. . PLANNING COMMISSION RECOMMENDATION The Commission reviewed this item at their February 28th meeting. No one spoke for or against the request during the public hearing. There was discussion regarding the DNR's comment about combining the lots to be sold as one conforming property, but the Commission ultimately voted 6-0 to recommend approval of the variance. ATTACHMENTS . Location Map . Site Plan . Letter from DNR . Application Warg Shoreland Variance - 2"" St E and Barker St City Council Memo - March 7, 2005 Page 2 BACKGROUND INFORMATION Comprehensive Plan Classification The proposed use conforms to the 2020 Comprehensive Plan. The property is designated U-I- Urban Residential. Zoning Classification The property is zoned R-2 - Medium Density Residential. Single family dwellings are a permitted use in the R-2 District. Both the existing and proposed lot size and width meet the minimum requirements of the R-2 District. Adjacent Zoning and land Use The following land uses abut the property: Direction North Existina Use 2nd Street Hastings Marina Vacant Vacated Barker St Single Family HomesR-2 - Med Dens Res. Single Family Home R-2 - Med Dens Res. Zonina Comp Plan East South R-2 - Med Dens Res. R-2 - Med Dens Res. U-I - Urb Res. U-I - Urb Res. West U-I-Urb Res. U-I-Urb Res. Existing Condition . The subject property consists of two platted lots fronting on 2nd Street. The properties remain vacant at this time. The west 5' of the west lot was split off due to the fact that the adjacent properties shed and garage were situated over the property line. The remaining lot is generally flat with a few mature deciduous trees. The site drains relatively north and east towards the marina property and Mississippi River. Proposed Condition The property owner seeks to rearrange the joint property boundary between the lots in order to create two single family home lots fronting on 2M Street East. Barker Street Vacation In 1998, Emmett Plan and Kenneth Macheska requested the vacation of Barker Street north of 3rd Street, which was approved by the City Council on June 1, 1998. The resolution has been recorded with Dakota County. With the vacation of this street, Mr. Plan and Mr. Macheska each received 33' of the former platted right of Way adjacent to their property. SHORELAND MANAGEMENT REGULATIONS Shoreland Management Regulations Shoreland Management rules are regulated in Chapter 16 of the city code. Although the property is not adjacent to Lake Isabel, Shoreland Management Regulations apply. All variances require a public hearing, and notification of the Department of Natural Resources for comment. Warg Shoreland Variance - Znd SI E and Barker SI City Council Memo - March 7, Z005 Page 3 Shoreland Classification Lake Isabel is classified as a "Recreational Development" Lake. Single Family residences are a permitted use. Shoreland Variance Criteria Section 16.03, Subd. 2. outlines the procedures for granting variances as follows: A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning district in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of the land without the variance, whether the property is used seasonally or year-round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. Department of Natural Resources Copies of the hearing notice and plans have been forwarded to DNR for official review. Patrick Lynch, DNR Area Hydrologist, had the following comment: The DNR is supportive of the variance proposed to create larger lots. However, in accordance with state rules and the City of Hastings' ordinance, the lots should not be considered separate for purposes of sale or development, and should be combined in to a single, conforming lot meeting minimum area and width standards. His entire letter is attached for your review. VARIANCE REVIEW Proposed Shoreland Ordinance Amendment The City is proposing to amend the current shoreland ordinance. The amendment would allow development on lots created prior to June 16, 1994 (date of original adoption) without a variance provided they meet minimum zoning requirements. The proposed amendment was forwarded to the Department of Natural Resources for review, and the city is working with the DNR to finalize the ordinance language. Analysis The property owner has failed to provide an applicable hardship as required for granting a variance under the shoreland code. Although a variance would still be necessary under the new code (the movement of the property line would eliminate the grandfather status of the two lots), the proposal would be consistent with its intent to allow development of lots created prior to the shoreland ordinance. A year ago, the property directly west of this property requested and was granted variances from the ShoreJand Ordinance for lot size and lot width on one of the parcels (file #2004-1 0). Those parcels, after the variance was approved, were each under 9,800 sq. ft. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE FOR 209 BARKER STREET, HASTINGS, MINNESOTA Council member Resolution and moved its adoption: introduced the following WHEREAS, David Warg, representing Terry Plan d/b/a J and T, owner of the property described below, has initiated consideration of the following variance request to Chapter 16.05. Subd. 1.2(B) - Shoreland Management to rearrange the common property boundary between Lot 1, Block 115 Except the West 5 feet, TOWN OF HASTINGS BLOCKS 100 THRU 199 and Lot 1, Block 3, Barkers Addition: 1) 15,000 square foot minimum lot size WHEREAS, on February 28, 2005, a public hearing on the proposed variance was conducted before the Planning Commission of the City of Hastings, said hearing was preceded by notification as required by state law, city charter and city; and WHEREAS, the Planning Commission of the City of Hastings recommends approval of the variance requests for the reasons included in this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings concurs with the recommendation of the Planning Commission and hereby approves the variance request based on the following findings of fact: 1. The subject properties have been lots of record since January 1, 1855 and April 5, 1856, predating the adoption of the original Shoreland Ordinance of June 16, 1994. 2. The subject property conforms to the lot size requirements of the underlying zoning district 3. The lot size of the subject property is consistent with surrounding lots of record. 4. The request is consistent with the intent of the proposed amendment to the Shoreland Ordinance to allow development on properties existing before its original adoption meeting minimum zoning requirements. BE IT FURTHER RESOLVED, the following: 1. A copy of this resolution shall be submitted to the Minnesota Department of . Natural Resources, as required by Section 16.03, Subd. 2.2 of the City Code 2. 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. Adopted by the Hastings City Council on March 7, 2005 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of March, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th 81. East Hastings, MN 55033 Shoreland Lot Size Variance Request - SW corner of 2nd St and Barker St. Legend _ Buildings //........J/ Roads o Parcels Map Date: February 24, 2005 N II. W~E . _OFBASnH6S T I s Site Location tr}. ~'V o~ ~\t) ~~ ~ .'- ~ ~ ~. ,,~ /' 1 - - - - - - - I --- -- I ,..: - - - - - - I "2 V! 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Minnesota Department of Natural Resources DNR Central Region Waters - 1200 Warner Road, St. Paul, MN 55106-6793 Telephone: (651) 772-7910 Fax: (651) 772-7977 January 27, 2005 John Fin:mum City of Hastings Planning Director 101 Fourth Street East Hastings, Minnesota 55033-1955 RE: Shorc1and Variance Notification, David Warg/Terry Plan, PINNas. 19-13300-010-03 & 19-32151-010-15 Dear Mr. Fin:nnan', I have received and reviewed the materials you sent regarding the subject zoning matter and offer the following oomments for consideration. The materials indicate the variance being requested is for minimum lot size for non- riparian lots in the shore1and district. I accessed the Dakots County web site and looked at other development in the vicinity. Some developed parcels sre mucl1larger than those being proposed, while others sre smaller. The DNR supports combination oflots that decrease the non-conformity from the current dimensional requirements. This proposal appears to RrmnIpIish this by taking two lots of 8540 squsre feet and 9240. squsre feet, and creating two new lots totaling 11200 square feet each. For non-riparian lots in the Lake Isabel shore1snd district, a 15,000 square foot minimnm lot size has been established. State rules and your ordinan"" require that, in a group of two or more contiguous lots under the same ownersbip, any individua110t not meeting the minimum area and width requirements must DOt be considered as a separate parcel of land for the purposes of sale or development. The lot must be oombined with one or more oontiguous lots so they equal one or more parcels of land, each meeting the area and width requirements as mucl1 as possible. The narrative that accomplU1ied the variance application indicates that Mr. Plan is the owner of two oontiguous lots. The information also indicates neither lot, on its own merit, currently meets the required minimnm size or width. The variance proposed would rectifY the lot width nonconformity, and brings the lot area of each lot to 75% of the required minimnm Tbis represents an improvement. Tccbnically, the lots sbould be combined to create a single lot of 17780 squsre feet, CXI'...Ming the minimnm lot area by about 20"10. No discussion ofhardsbip accompanied the materials I reviewed. The DNR is supportive of the variance proposed to create larger lots. However, in aa:ordancc with state rules and the City of Hastings , ordinance, the lots sbould not be considered separate for purposes ofsa1e or development, and should be combined in to a single, oonforming lot mMing mininnnn area and width standards. ~ M t~II()S DNR Information: 651-296-6157 . 1-888-646-6367 . TTY: 651-296-5484 . 1-800-657-3929 An Equal Opporwnity Employer ...~ Printed on Recycled Paper Containing a .., Minimum of :!OCk Post-Consumer Waslc dt dflY)'- d'iS LAND 'UJaI; APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property:~ne. .Parce1 ID Nos. 19-13300-010-03, 19-32151..,010..,15 Legal Description of Property: IDt 1, BiLock 3 ,Barkers Addition; .' IDt 1, Block 115 EKcept West 5 feet, Town of .Hastings Applicant: Name David L. Warg Address 906 Vennillion Street Hastinqs. m 55033 Phone 651-437-4188 Fax 651-437-1666 Email davidwarq@hotmai1.can Owner (If different from Applicant): Name Terry Plan d/b/a Jand T Address 111 First street East . .H3s"tdmqS.m 55033 Phone 651";437-2829 Fax Email Description of Request (include site plan, survey, and/or plat if applicable): See AttachIrents . Check applicable box(es): Note: All fees and escrow amounts due at time of application. X' Final. Plat Minor Sub. Rezone Spec. Use Variance Annexation" EAW Prelim Plat Site Plan TOTAL: , Administrative Lot Split Camp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: . - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 5.1.: $1500 (Engineering) - 5,000 - 10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) ; Date :2?I-O~ Applicant Name and itle - Please Print David L. Warg, Attomey at.Law Owner Name - Please Print TerrJ plan Official Use Only File#~g' Fee Paid .- 412312003 11<1010 s ReC'dBY:~ Receipt # Date Rec'd App. Complete DESCRIPTION OF REQUEST Mr. Plan originally owned two adjacent single, residential lots each sixty-six (66) feet by one hundred forty (144) feet. Last year, the property owner to the west, Larry Hamman, encountered a title problem regarding a lot encroachment issue. To remedy the problem, Mr. Plan deeded Mr. Hamman a five (5) foot by one hundred forty (140) foot strip ofland on the common boundary. The planning commission and city council approved this minor subdivision. Mr. Plan presently owns two adjacent lots as depicted in Exhibit 1. He seeks to add the thirty-three (33) foot western one-half (V,) of vacated Barker Street as vacated by resolution No. 6-3-98 to Lot One (1), Block Three (3), Barkers Addition. He proposes to move the lots' common boundary nineteen (19) feet to the east to create two larger lots of equal size. (See Exhibit 2). A variance is requested from the Shoreland Management Ordinance from Section 16.05, subd. 1, 1.2B, that requires a minimum lot size for nonriparian single lots of 15,000 square feet and a seventy-five (75) foot width. It is important to note that the two proposed lots will be larger and more consistent with the ordinance requirements. , l1l , VIII-B-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 7, 2005 Subject: Resolution -Development Plan Review #2005-04 - Three Rivers Place (Block 2) - Tanek Architects\Robert Abdo REQUEST The City Council is asked to adopt the attached resolution on behalf of Tanek Architects and Robert Abdo for the development of Block 2 downtown 1) Development Plan to construct 76 condominium units and 15,900 sJ. of retail space as follows: Building Size Use North Half - Residential 4 floors 50 Condominium Units (Phase I) (4 floors residential above underaround oarkina) South Half - Mixed Use 3 floors (Phase II) _ 1st Floor Retail 15,900 sJ. - 2_3rd Floors Residential 26 Condominium Units Development Plan A Development Plan serves as a master plan for site development by outlining uses, density, parking, landscaping, and architectural style. Upon approval, individual components of the plan would come back before Planning Commission and City Council for formal site plan approval, and reviewed to ensure conformance with the development plan. Site Plan Approval would still be needed prior to construction; approval of the Development Plan does not grant the ability to construct. RECOMMENDATION The Planning Commission recommended unanimous approval of the Development Plan at the February 28, 2005 meeting. ATTACHMENTS . Resolution . Location Map . Development Plans . Design Guidelines for Original Hastings - Street Types . Design Guidelines for Original Hastings - Frontage Key PLANNING COMMISSION REVIEW The Planning Commission reviewed the Development Plan at the January 24, and February 28 Meetings. Review focused on the following issues (Commission direction is in italics): 1) Parking - How does the existing project meet requirements? Can shared parking be implemented? The Planning Commission asked that a parking analysis be conducted for Blocks 1, 2, and 16 downtown to determine potential for shared parking and to better evaluate demand. It appears the proposed uses on Blocks 1 and 2 combined with the parking lot proposed for Lot 16 will meet parking requirements. Further detail of the analysis is provided in the report 2) Height of Building - We have set a maximum height of 47 feet for downtown buildings (Finch Building Height). The buildings appear to be less than 47 feet along 2nd Street but are higher along the river (land slopes to river). The applicant contends that all buildings will be no higher than the Finch Building, but the ground to roof elevation of the building along the river will exceed 47 feet. The Commission will need to determine if the building height is acceptable. The majority of members favored allowing buildings higher than 47 feet, provided they did not exceed the vertical height of the Finch Building. 3) Mass of Building - Planning Commission will need to determine whether the mass and sectioning of the building is consistent with other downtown buildings and the river. The Planning Commission was satisfied with the massing and sectioning of the building as proposed. 4) Residential Use of the 1st Floor adjacent to the Mississippi River Not Allowed within C-3 and DC Zoning Districts - Residential use of the 151 floor in bot.h the DC and C-3 zoning districts is allowed only by Special Use Permit if the residential use is "accessory to a commercial use, less than 50% of the first floor level area, and in the rear of the building." Is residential use along the acceptable? The Planning Commission discussed this at length. Some Commissioners acknowledged that commercial viability along the river may be difficult. Commissioners did not want to set a precedent for allowing first floor residential development in more high traffic areas. The Commission reviewed the requirements for first floor use per the Design Guidelines for Original Hastings (part of the Heart of Hastings Plan). The Commission agreed The Guidelines provided a more detailed analysis of first floor uses, and agreed to consider an ordinance amendment to eliminate the 50% requirement of the DC Zoning District. 5) Shoreland Ordinance Amendments - The City has yet to finalize proposed Shoreland Ordinance Amendments to eliminate inconsistencies for new building construction downtown. The building appears to be consistent with the proposed Shoreland Ordinance changes, with the exception of building height along the River. Commissioners generally agreed that the Shoreland Ordinance should be amended to allow for buildings exceeding 47 feet along the river, provided they do not exceed the vertical height of the Finch Building. A proposed Shoreland Ordinance amendment is provided in conjunction with this report. 6) Coordination of Block 1 Project and Off-Site Improvements - Shared off-site improvements for both Block 1 (HRA\Sherman project) and Block 2 need to be coordinated. Improvements will likely include street, sidewalk, utility, and esplanade construction. City staff held a joint meeting with the developers, engineers, and architects for both Blocks 1 and 2 to discuss potential improvements. City staff would consider taking public improvement action . to the City Council for approval upon Development Plan approval. BACKGROUND INFORMATION Property Ownership The applicant does not presently control the entire ownership of Block 2. Other owners include Hastings HRA (vacant lot), and James and Rosemary Kranz (Graphic Building). Heart of Hastings Master Plan Classification The property is part of the "Downtown Core Multi-Use District" as designated in the Heart of Hastings Master Plan. The Plan views the area as "primarily a retailing district. However, allowances for residential, office and services are not only historically appropriate but also enhance the vitality and economic viability of the downtown Core." The development plan includes both residential and retail uses, consistent with the Master Plan. Comprehensive Plan Classification The property is guided MXD - Mixed Use Development in the 2020 Comprehensive Plan. The proposed uses are consistent with the Comprehensive Plan. Zoning Classification The property was rezoned to DC, Downtown Core District at the February 22, 2005 City Council Meeting. The proposed uses of Three Rivers Place are consistent with The DC district. Existing Use The property presently contains a mix of commercial and residential buildings as follows: Location Existina Use Proposed Use North Half Block 2 Residential home, barn, 4 story condominium and vacant brewery building buildina South Half Block 2 Former Eddy Pharmacy, 3 story retail\condominium Spiral Foods Coop, Graphic building Desiqn,vacantstorefront Adjacent Zoning and land Use The following land uses abut the property: Direction Existina Use Zonina Comp Plan North Mississippi River - Kings Cove F-W - Floodway Floodway East Tyler Street (Block 1) - Vacant HRA Property 1-1 -Industrial Park MXD - Mixed South 2nd Street (Block 15) - US Post Office C-3 - Comm Reg Comm MXD - Mixed - A+ Barber C-3 - Comm Reg Comm MXD - Mixed - Gahnz Dentistry C-3 - Comm Reg Comm MXD - Mixed -VFW C-3 - Comm Reg Comm MXD - Mixed West Ramsey Street (Block 3) - Gardner House C-3 - Comm Reg Comm MXD - Mixed - Parking Lot C-3 - Comm Reg Comm MXD - Mixed DEVELOPMENT PLAN REVIEW Parking Parking appears adequate for both the Block 2 development, and the combined Block 1, 2 and 16 developments as well. Shared Parking Analysis - The Zoning Ordinance allows for shared parking between uses with differing peak parking demands (e.g. office complex during the day may share with a movie theatre at night). The Institute of Transportation Engineers (ITE) Model Shared Parking Provisions have been used to evaluate opportunity for shared parking. Dedicated covered parking (residential spaces below buildings) has not been included in the formula. The analysis concludes the following: . The existing development of Block 2 operates with a net parking deficit of 126 parking spaces; the proposed development of Block 2 would decrease the deficit, consistent with ordinance requirements. . The existing combined operation of Blocks 1, 2, and 16 presently operates under a net deficit of 46 parking spaces. . Development of Blocks 1 and 2 and the Block 16 parking lot would further decrease the parking deficit. . Available on-street parking (75 spaces) has not been included in the formula. The inclusion of these spaces would erase the parking deficit of the combined Block 1 , 2, and 16 development. Covered Dedicated Residential Parking Not included in Shared Parkin Anal sis Block 1 - HRA\Sherman Block 2 - Three Rivers Place PROPOSED SHARED PARKING DEMAND - BLOCKS 1, 2, AND 16 ITE Model Shared Parkina Provisions Required Weekday Weekday Weekday Weekend Weekend Weekend BLOCK 1 - HRA\Sherman Soaces Niaht Dav Evenina Niaht Dav Eveninn TOTAL PARKING PROVIDED 76 76 76 76 76 76 76 TOTAL PARKING NEEDED 178 28.3 130.9 173 42.3 133.4 170.5 DIFFERENCE -102 47.7 -54.9 -97 33.7 -57.4 -94.5 EXISTING PARKING PROVIDED 80 BLOCK 2 - Three Rivers TOTAL PARKING PROVIDED 21 21 21 21 21 21 21 TOTAL PARKING NEEDED 123 78 106.3 107.2 48 114.2 99.3 DIFFERENCE -102 -57 -85.3 -86.2 -27 -93.2 -78.3 EXISTING PARKING DEFICIT -126 BLOCK 16 - Parkina Lot TOTAL PARKING PROVIDED 120 120 120 120 120 120 120 TOTAL PARKING NEEDED 0 0 0 0 0 0 0 DIFFERENCE 120 120 120 120 120 120 120 EXISTING PARKING PROVIDED 0 TOTAL BLOCKS 1,2, & 16 TOTAL PARKING PROVIDED 217 217 217 217 217 217 217 TOTAL PARKING NEEDED 301 106.3 237.2 280.2 90.3 247.6 269.8 DIFFERENCE -84 110.7 -20.2 -63.2 126.7 -30.6 -52.8 On-Street Parkino - Blocks 1 &2 75 Existino ODerational Parkino Deficit (Blocks 1,2, and 16) 46 Dedicated covered Darkino SDaces have been deducted from the model Access and Circulation Interior access and circulation within the interior parking garage areas may not be adequate. The alley drive aisle should be expanded to at least 24 feet to accommodate traffic. Accommodations must be made for interior parking spaces adjacent to walls to allow vehicles to back out of stalls. The present configuration does not allow this. Off-Street Loading A designated off street loading area of at least 300 square feet is required for all buildings between 5,000 and 20,000 s.f. and must be identified on the Site Plan as stipulated in the Zoning Ordinance. Esplanade A pedestrian esplanade has been tentatively planned between the north building and the river. The specific location, dimensions, and elevation of the esplanade must be established to coincide with this development. Architectural Elevations\HPC Comments Both buildings are primarily brick and incorporate building segmentations to give the appearance of multiple adjacent buildings. Architectural elevations meets architectural appearance standards as well as the Design Guidelines for Original Hastings. The Heritage Preservation Commission (HPC) has also reviewed the site for compatibility to the existing downtown buildings. The HPC had the following comments: . Consider variating building heights from 4 stories only; consider 2 or 3 story sections. . Additional variety should be established at the cornice line, perhaps one or two of the segments could have a peak. . Smaller windows should be considered on the 3rd and 4th floors on the east half of the north building. . The proportion of glass to masonry is too high. The alignment, type, and proportions of window openings should be close to the appearance of the 2nd Street buildings. Shoreland Ordinance\Mississippi River Critical Areas The site is regulated by the Shoreland Ordinance and Mississippi River Critical Areas. The concept has been presented to DNR. An Shoreland Ordinance Amendment has been submitted in conjunction with this project. Building Height - DNR supports the following amendment to clarify building height restrictions: A. Buildinqs in the DC - Downtown Core Zoninq District mav be allowed a maximum buildinq heiqht of 47 feet or 756.5 feet above sea level: whichever is qreater provided the followinq: (1) The buildinq contains no more than four (4) stories. (2) The buildinq is setback a minimum of 150 feet from the ordinarv hiqh water level. (3) The buildinq has been desiqned to be compatible with the historic character of the DC District. The 756.5 building height represents the height of the Finch Building. Remaining Shoreland\Mississippi River Critical Area Issues o Impervious surface exceeds Shoreland limits; Natural pre-treatment stormwater methods must be incorporated such as a rain garden or green roof. o Buffering must be incorporated to the Mississippi River. Grading and Utility Plans Preliminary Grading and Utility Plans have been submitted for cursory review. The City's consultant engineer has noted the need for coordination of both the Block 1 and 2 projects in determining building and street height elevations, as well as public improvements. Residential Use of First Floor Residential use of the 151 floor in both the DC and C-3 zoning districts is allowed only by Special Use Permit if the residential use is "accessory to a commercial use, less than 50% of the first floor level area, and in the rear of the building.' The northern building adjacent to the Mississippi River is completely residential and would not meet this requirement. Staff proposes the following: Eliminate the 50 percent commercial requirement, use "Design Guidelines for Original Hastings" - The DC zoning district already requires conformance with the Design Guidelines for Original Hastings. The guidelines were adopted as part of the Heart of Hastings Master Plan in 2003, and regulate the design, placement, type, and uses for Downtown Development. The downtown area is divided into different "Street Types" (based on traffic, use, and commercial viability), as well as building use and frontage types. The Block 2 development is consistent with The Guidelines. Development along 2nd Street is limited to commercial on the first floor; however areas not fronting 2nd Street may be either commercial or residential. Please see the attached Street Types, and Frontage Key figures from the Guidelines for further information. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE DEVELOPMENT PLAN OF THREE RIVERS PLACE A MIXED USE RESIDENTIAL AND COMMERCIAL DEVELOPMENT LOCATED ON BLOCK 2, TOWN OF HASTINGS Council member Resolution and moved its adoption: introduced the following WHEREAS, Tanek Architects, on behalf of Robert Abdo has initiated action to approve the Development Plan of Three Rivers Place, a mixed use development consisting of residential, and commercial uses on property generally known as Block 2, located north of 2nd Street East, and East of Ramsey Street, legally described as Block 2, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, The Development Plan of Three Rivers Place consists of the following uses and density: Buildin!!: Size Use North Half - Residential 4 floors 50 Condominium Units (phase 1) (4 floors residential above under!!TOund narking) South Half - Mixed Use 3 floors (phase II) _ 1 st Floor Retail 15,900 s.f. - 2-3 rd Floors Residential 26 Condominium Units WHEREAS, On January 24, 2005 and February 28, 2005 review of the Development Plan for Three Rivers Place was held before the Planning Commission of the City of Hastings; and WHEREAS, On February 28, 2005 the Planning Commission of the City of Hastings recommended approval of the Development Plan of Three Rivers Place as presented in the Staff Memorandum to the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The Development Plan of Three Rivers Place is hereby approved as presented to the City Council subject to the following: 1) The Development Plan shall serve as a master plan for site development. Further City approvals to allow construction of Three Rivers Place will be evaluated for confonnance to the Staff Memorandum and Plans approved by the City Council as part of the Development Agreement. 2) Additional City approvals including but not limited to Preliminary Plat, Final Plat, and Site Plan must be granted prior to construction of the Development Plan. 3) Approval is subject to a one year Sunset Clause; if significant progress is not made towards obtaining additional approvals towards construction within one year of City Council approval, the approval is null and void. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 7th day of March, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 East 4th Street. Hastings, Minnesota 55033 .<, -ill. .. ... .. ill ~. - ---------- . . _ClJ "' >- :;: I IT [j t~~IIIJ~~~, oo~cr ~CiI~~~EI;[]~ , ~ ." t~DaJ[]]]!I .. LJt~ ~ co ~~I n a ~ ~ . l-l.r"l ~ 5TH ST E I II I I I L_______ l~__I... I 2ND ST E Rezoning Development Plan Block 2 . Three Rivers Place Legend _ Buildings Roads , - o Parcels Map D<jte: January 18, 2005 N .W~E CITYO'UASTIlI6. 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I !~'lil/ e!l r!i~1111 II; F.' " "I!I,! j! :p ,'I' " I ~fj~ . ~ "II!I u 'I 'I'f ""11 1 f I .... lil, 11;/ I I j I IlIfli ~ Design Guidelines Figure 2 - Street Types ... ., 1mpnNiIgonlhe~ A Plan Iorlhe ~. "I' :-. Heart of Hastings ..... ", --.... DC.7 Design Guidelines FRONTAGE KEY for BUILDINGS The Heart of Haslinas. Minnesota ThII......."...__..._......buIIdIng. lIIt........-..-.......IpKII.-.-.. ! .......~..........aI...... j JlltClr..............,...,ar..'" I ..........111__........... ,...,. "*FIIn9Cadtcmbt...Ia..... ....01,.......1"......._........ ""'fIIII*IJ. flln9T).-....... ~1O~.....UItT)la1lltoll .........IIdI,....,IIIIiI..~_'hiI _................111......'" .....ar..ciIr. h_..........,... .......,=:-.:..::::::'~ 1f&;>~~~ 8_~,__JFRONTAGE~~:~'.Z:!~i=:~:;'~l'r~1~;~;_~~~~ STREET TYPES .I'LIUC...-:r. FRONTAGE TYPES ..... Color> STEP 1 -PllUCTOPIWAn:. F1 .- _~.!!IIt_ F3 ...... F4 .-IQIt""" F5 ___'JRCHIWIO_ . F5* l-...._.......____---i F7 : '-,m_C!lM*.LM!!L_j F5* ...., FS" , j-- __.MWI.IKIR'L_--i F10 i-'IWIIQ!G~,:"::::j .... ....- .... - -- - -... STEP 3 eo, 1*-1 i 22". -. --r--- 22'~~L22"" l22'~, tt.~ ....... ... -F\IIICIIQOS" r r-'--I---~- --,. !I : ;1 'j :! :f , ! , " 'j :; "I :1..._:... t......_:.I..._;....--c'--~~:..-..i..._:L. ~,: ... ; : '1" I' I " ; ,I...! " ii... :.... !".".'l ... ; _ L!IIIII_'i ... .: I11III -' --~~~-~- ; 'I · ..' 'i ii' ; : -' '.......' ......',,... .....: !.._~_:...~l~"!!!:!__~_L~_) -IL~, ~ FIIId......_FIIiII9t 1\I11III.....,..... -..- -..- .............,..... _1....2. .. ....fftlillllglOIIifI -"- - ....... ... -- ...... Figure 4 ' Frontage Key ................. -.--........-,....... ............I11III..........,............1... ................................... ..............1 __ __......... I)(j.ll 8(A,lld,~, Fc.+rac'" .'01\5 LAND USE APPLICATION CITY OF HASTINGS. PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: 109 Ramsev Street HRA 1.ot (NnrthpRst CnrnerL 301-315 Second Street (otherwise known as Block 2) Legal Description of Property: Applicant: Name Address Phone Fax EMail Tanek Architects 118 E. 26th Street, Suite 300 Minneapolis, MN 55404 612-879-8225 612-879-8152 Owner: (If different from Applicant): Name Three Rivers Place, LLC Address 625 Marquette Ave., Suite 710 Minneapolis, MN 55402 Phone Fax EMail 612-333-1526 612-342-2608 rabdo@abdoabdo.com Description of Request (include site plan, survey, and/or plat if applicable): Check applicable box(es): Note: All fees and escrow amounts due at time of application. '. Final Plat $600 Administrative Lot Split $50 Minor Sub. $500 Camp Plan Amendment $500. Rezone $500 House Move $500 Spec. Use $500 Lot Line Adjustment $50 Variance $250 Vacate ROW/Easement $400 Annexation $500 plus legal expenses EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) Site Plan $500 plus escrow: - 0 - 5,000 s.l.: $1500 (Engineering) - 5,000 - 10,000 s.l.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.l. +: $4000 ($1000 Planning + $3000 Engineering) . TOTAL: Signature of Applicant Date Signature of Owner ThrhRivers Place, LLC ~. By ~~~...,..<.. Robert P. Abdo, President Owner Name - Please Print Date 12/29/04 Applicant Name and Title. Please Print Official Use Only File# ~OO~--O<.( Fee Paid ff.,{,.d Rec'd By:-:) fCI)Z,rv7....... Receipt # Date Rec'd App. Complete 04/23/03 .~ /~Jy)/O'-l VIII-B-4 February 28, 2005 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director RE: Relocation of UBC to Hastings Industrial Park Last summer the HRA asked United Building Centers (UBe) if they were interested in relocating to the Industrial Park. Bryan Rice, Vice President, located in Winona, expressed definite interest, provided the City could help them move by purchasing their existing property and providing land in the industrial park. The HRA contracted for a market appraisal of the property value, a professional estimation of relocation costs, and a Phase I environmental. The HRA and UBC have agreed on the sale price and relocation cost. UBC prepared building plans and cost estimates and a site plan for the a new yard in the Industrial Park. The proposed relocation site in the Industrial Park has been reviewed and found acceptable by the Economic Development Commission. City staff has met with Mr. Rice and Mike Blair, the local manager, and arrived at a consensus on the following main points of purchase, development and subsidy agreements. A. HRA buys downtown lumberyard from UBC Parts of Blocks 17 and 32, Town of Hastings, west of Bailly Street shown on attached map. 1. Base value using normal approach to public acquisition: $1,145,000. . Appraised value $1,015,500 . Relocation costs $130,000 2. Public purposes of acquisition . The goals of the downtown redevelopment area include elimination of blighting influences, relocation of inappropriate uses, and making property available for redevelopment. UBC does not have enough land to handle their products without using public streets, they generate truck traffic through nearby neighborhoods, and they occupy a site with potential for uses much more compatible with the master plan for downtown. · The Public Works Division plans to install utilities along the Bailly corridor, including a trunk watermain, a large storm sewer to divert runoff from Lake Isabel to the Mississippi River, and a sanitary sewer forcemain to pump wastewater flow from the existing treatment plant to the new treatment plant location at CR #54 and CR #91. Street improvement plans include widening Bailly between 3rd and 4th, and completing the trail connection between the Vermillion river trail that ends at 8th and Bailly Streets and the Mississippi River trail that ends at Tyler and 1st Streets. Acquisition of UBC would provide space to facilitate these improvements. . The Heart of Hastings plan proposes acquisition of UBC for redevelopment in conjunction with a commuter station. Commuter rail would make nearby housing attractive. The property is guided for commercial or residential uses. Reconstruction of Bailly as a parkway from 3rd to 10th is also in the plan and would be facilitated by the acquisition. · Development of commuter rail relies on policy and funding decisions made at multiple levels of government. Given that uncertainty, this may still be the most favorable time for public acquisition: a willing seller, adequate funds for the purchase, an available parcel in an acceptable industrial park location and the relocated business is in an expansion mode. 3. Contingencies of a purchase agreement: · City approval for the transfer of Industrial Park property. . City approval of site and building plans. · Additional relocation costs if justified, not to exceed $15,000. . Evaluation of a few environmental issues. The phase one identified some issues, but they are not unusual or extensive. · Acceptable title and survey. B. City transfers industrial park property to UBC Part of Lot 2, Block 1, Hasting Industrial Park No.3, see attached map. 1. Business subsidy agreement. This transfer of property meets the legal definition of a business subsidy. A business subsidy and development agreement will be required and must state the goals to be accomplished. The following terms are proposed : · City will transfer 6.7 acres appraised at $1.35/s.f. The subsidy amount is $396,630. · UBC will agree to invest at least $2.3 million in capital improvements on the site. Their plans and cost estimates indicate this amount can be expected. The buildings and the site plan would be reviewed by the City's planning approval process. . UBC will agree to provide 4 new jobs at $13.00jhr. within two years of opening for business on the site. The time period could be extended one year upon UBC's request and Council's approval. The criteria does not specify a number of jobs but specifies a minimum wage of$10.00jhr. UBC's wages usually exceed the $13.00figure and the jobs would be full time. UBC may create up to 8 more jobs in 5 years but that would not be a requirement. . UBC will agree to remain in business in Hastings for no less than five years. . The agreement will specify that UBC will pay the City a prorated amount of the business subsidy (value of the land) in the event of default or failure to meet these terms. 2. Business Subsidy Criteria. · The subsidy should be necessary to the project. In this case it is a condition of the relocation. Without receiving the land at a nominal price ($1.00jacre) UBC would not and does not have to move. · The amount of land provided should be appropriate for the size of the buildings and the reasonable needs of the business. A lumber yard needs room for truck circulation, loading and unloading and a variety of storage buildings. The attached site vlan prepared by UBC shows the proposed layout. The entire area would be blacktopped arid used. Two of the sheds will be added later. 3. Future expansion. UBC asks the City to reserve additional land for an expansion planned for the next three to five years. If the 6.7 acres of the lot at the corner of Second and Enterprise is transferred to UBC, the northerly balance of the lot would be 3.1 acres. UBC proposes that the agreement specify that the City would not sell or transfer that 3.1 acres to another party for three years. Terms could include the following. · If UBC does not propose a new building and new jobs within 3 years this clause of the agreement would terminate. The three year time period could be extended for one year at a time but for no more than a total of two years, upon UBC's request and Council's approval. · City consideration of a proposed expansion would use the criteria of the City's land credit program and business subsidy policy at the time. · The expansion UBC is considering would be for the manufacture of building components. The capital investment would be around $2 million and operations would createlO to 12 newjobs. 4. Public Purpose of the transfer of land. The following public purposes specified in the City's business subsidy policy would be met by this proposal. . increase the tax base . create high quality jobs . facilitate the elimination of unsafe conditions . facilitate the relocation of non-conforming uses . facilitate local business expansion. 5. The concept of transferring the 6.7 acres and the preliminary site plan have been reviewed by the Economic Development Commission at several meetings. The Commission found the proposal consistent with the City's business subsidy policy. Their specific recommendations on terms are included in the description given above. C. Steps 1. The Economic Development Commission has reviewed the proposed conditions of the land transfer. They recommend the concept and the proposed terms to Council for preliminary approval. UBC has indicated that the location of the property in the Industrial Park works for them. 2. The HRA has approved the price and general terms of the purchase of the UBC property. UBC has accepted the HRA's offer of $1,145,000. 3. The City Council considers preliminary approval to the proposed terms of acquisition of UBC property and their relocation to City owned land in the Industrial Park. 4. Mter preliminary approval, the purchase and development agreements and the site and building plans will be completed for review and approval and a Business Subsidy public hearing scheduled. 5. Mter the public hearing, Council approval would be followed by execution of the agreements and closing on both the UBC and City property. D. Action requested. Preliminary approval of the proposed terms of acquisition of UBC property and their relocation to City owned land in the Industrial Park and direction to complete the documents and site plan reviews and to request a Business Subsidy public hearing when appropriate. City of Hastings Current USC Property Locations '\ i.\'I\\ \ \) Ii \ \1'\ i \ \ ----\, \\(\\ \ \ \ \ \ 3RD 81 E .. i.~ '..' -Ii I 1:::0' "m I '. ' ,^ '.. ., ..,. " en -.._-. use \ .-- V#, ' , ' , -I ' 11II -I "_LIIIII.JII~ i"'JII__ 1\_. 4TH 5T E \ I ---.-..- -----,- . . Ii" !~ I_~.l;_ I_~\ \ \ \', \ \ \ !,~, . I III - ------------ en - OJ -, - m i -< ' , en LL ' -I -- . -- ----------T ,.,.~..---,------.-.-, I:TU ~T C Legend N Parcels _.~._.--- _ Buildings /\/ Railroad ,':,~",. ':........,.., :.~~;~;g.:..".., ..~.. ~;:~~~ \~~'~.7~" (~,... - '~. _'l-}_'~"" ~j~ ,. I:_~ '~~~ &.- - . ern" OF 1lASTlN6S Map Date: March 1, 2005 a I _mlW S I ........... ! I CITY OF HASTINGS v.n_ B "~l'" , ",Q'I!'fI ~I!..... LEGEND I I Indusbial part land _ Buildings .,..., "".,./" Roads HASTINGS INDUSTRIAL PARK LAND FOR SALE ~ \ ~,' -:-- .~~ ~I'-..' . ";f; .' . ~ , o \]\] -- 3.1 ac. ---- use 6.7 ac. HASTINGS INDUSTRIAL PAliK 130 TOTAL Mil.. FOil SAU: se: ACIIO WITH CITY ..vacaa .. CONTACT JOHN HINZMAN 011 JOHN OROAIIAN 111.....2350 N W+E [j!] s ~ CITY OF HASTINGS C!tY Water Tower 11...1~ ~"011 CITY OF HASTINGS I!L!!I i!iI ..? , , , , , , , , , 4l__ftuftu.tlu o OX -< > "' ~ => o a> ~ -< OX "- '" --- PROPOSED SITE PLAN , , SCALE: 1-.40' SITE OPTION 'A' """" IoIETAlT-SHED 150"140' ","m~) """" METAlT-SItED ':10"140' t ~1 ~~ : ~~ "ll'i'~ ~ 150'140',1 'IIII~,,\';,,~ 1:11f x 4O",t ----.... "=' .""""'" -- ENTERPRISE AVENUE IkNird2of3 Deeem,,*r 2, 2004 NEW SHOWROOM, WAREHOUSE & YARD FOR UNITED BUILDING CENTERS HASTINGS, MINNESOTA ITC:-I VIII-C-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator March 3, 2005 Presentation on the Status of the Public Dock Project Throughout the last several months, the City has been utilizing the services ofJoel Toso, and other Staff, from the engineering firm of Polaris Group, to assist with the design of a public docking facility in the Mississippi River, and the permit application process. Mr. Toso will be in attendance at the meeting on Monday March 7, 2005 to provide a brief 5- 10 minute presentation to the City Council on the most recent design considerations for the dock, status of the permitting process and to address. any questions the City Council may have this project. No action will be needed, as this is simply an informational presentation, and an opportunity to address any questions.