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Home My WebLink About04-18-05 CITY OF HASTINGS COUNCIL MEETING Monday, April 18, 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 April 4, 2005 Presentation-Waste Management Recycling V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Budget and Transfer Requests 3. First Quarter Financial Report 4. Change Order #1-3 Rivers Construction for Completion of 2004-1 Westwood Area Improvements ($25,000) 5. Change Order #4-Gontractors Edge for 2003 Riverwood South Oaks Improvements 6. Resolution-Designation of Additional State Aid Routes 7. Approve Unpaid Leave of Absence 8. Proclamation-Armed Forces Day Celebration at CP Adams Park on May 21, 2005 9. Accept Annual Report-SUP #2004-03, 2004-04: Commercial Asphalt, Barton Sand at 2445 Co Rd 54 (Tiller Corporation) 10. Parks Budget Adjustment-Roadside Park 11. Parks Budget Adjustment-Roadside Tennis Courts 12. Resolution-Approve Gambling Permit for Stelutec Foundation VII. AWARDING OF CONTRACTS & PUBLIC HEARING: VIII. REPORTS FROM CITY STAFF: A. Public Works B. Planning 1. Second Reading/Ordinance Amendment-Qrdinance Amendment #2005-18: DC Zoning District Uses 2. Resolution-5ite Plan #2005-22: South Oaks 2nd & 3rd Townhomes (Greg Jablonske) 3. Resolution-Home Occupation Permit #2005-21: Skips Sprinklers at 1261 Southview Drive (Mark Linneman) 4. Resolution-Minor Subdivision/SUPNariance #2005-19: KDWA Radio Tower Relocation at 1621 East 4th Street (K & M Broadcasting) C. Administration 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, May 2,2005 --~-,- Hastings, Minnesota City Council Minutes April 4, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, April 4, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Absent: Staff Members Present: Mayor Werner, Council members Alongi, Hicks, Moratzka, Riveness, and Schultz Councilmember Hazlet City Administrator Dave Osberg, City Attorney Shawn Moynihan, Planning Director John Hinzman, Public Works Director Tom Montgomery, City Engineer Nick Egger, and Assistant City Administrator Melanie Mesko Lee, Members Present: Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of March 21, 2005. Hearing none, the minutes were approved as presented. Council Items to be Considered: Staff requested that Item #6 of the Consent Agenda, Resolution-Approve Raffle Permit for the Stelutec Foundation on July 3, 2005, be removed at the request of the applicant. Consent Agenda Moved by Council member Riveness seconded by Councilmember Schultz to approve the Consent Agenda as amended. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Proclamation-VFW Recognition of Service: Ann Grot john, Ed A. Callahan, and Hastings Ford, Lincoln, Dodge & Chrysler 3. Approve the 2005 Edition of Contractors Handbook 4. Resolution-CRT Waste 5. Resolution-Support for Public Dock Permit 6. Item Was Removed From Consent Agenda 7. Reappoint Mike Brown to NRRC 8. Approve Budget Adjustment-Hastings Family Aquatic Center & Fire Department 9. Approve Accounts Receivable Write-Offs 10. Resolution-Approve Liquor License Amendment and Dance Permit: Papa Charrito's 11. Authorize Purchase of Sanitary Sewer Service Televising Equipment 12. Authorize Use of Consultant to Prepare Salt Shed Plans and Specifications 13. Pay Estimate #7-Project 2004-1 Westwood Reconstruction: Three Rivers Construction ($17,602.08) 14. Pay Estimate #13-Project 2003-2 Riverwood South Oaks: Contractor's Edge ($38,506.45) Copies of resolutions on file. Public Hearing-lncrease of 2005/2006 On-Sale Liquor License Fees Mayor Werner opened the pUbliC"hearing at 7:02 p.m. Minutes of the Regular Meeting of April 4, 2005 Page 2 of6 Assistant City Administrator Mesko Lee stated that this is the final phase in a three-year phasing of on-sale license fees. This final fee increase will be for $100 for 2005/2006. All on-sale licensees have been notified of the proposed change and no comments have been received by staff. Hearing no further comments, Mayor Werner closed the public hearing at 7:03 p.m. Resolution-lncrease of 2005/2006 On-Sale Liquor License Fees Moved by Council member Moratzka, seconded by Councilmember Riveness to approve the increase as presented. 6 Ayes; Nays, none. Copy of resolution on file. Public Hearing-2005 Street & Utility Reconstruction Program Project 2005-01: Dakota Hills Mayor Werner opened the public hearing at 7:05 p.m. Public Works Director Montgomery gave a brief overview proposed project 2005-1: Dakota Hills. Montgomery stated that significant neighborhood opposition has been received in response to proposed sidewalks on 22"d and 23rd Streets, cul-de-sac islands, and proposed narrowing of Valley Lane, 22"d Street and 23rd Street. Montgomery stated that Project 2005-1: Dakota Hills is estimated to cost $2,993,000, with $1,988,000 to be assessed to property owners. Montgomery also stated that drainage issues at the Country Club will result in proposed storm sewer improvements as part of this project. If approved, the City's cost will not exceed $170,000. Henry Englin, resident of 23rd Street, questioned the cost effectiveness of replacing all of the curb and guttervs. spot replacing. Montgomery stated that 1/3 ofthecurb and gutter is cracked and that it is more cost effective to replace it in its entirety. Gary Stevens, 1326 West 1 th Street, questioned safety of reducing Westview Drive's width from 32 to 28 feet. Montgomery stated that it is proposed that parking will be prohibited on the west side of Westview. Pete Yaeger, 2400 Westview Drive, asked about changing the slope for increased visibility. Montgomery stated that no grade changes are proposed at this time. Scott Kieffer, 1324 23rd Street West, asked how increased oil prices will affect construction costs. Montgomery stated that cost estimates ate 2004 costs adjusted for inflation. Ron Otto, 1901 Hilltop Lane, and John Botnen, 1803 Westview Drive, stated that the proposed bituminous trail will encroach on their yards, that 8 feet is too wide, and that they would prefer a concrete sidewalk. The Council discussed aesthetic, maintenance, and wdth issues with this request. Becky Erickson. 1931 Hilltop Lane, questioned why the road right-of-way is not being taken from just one side of the street to preserve yards, whether it will be posted no parking, and if there is sufficient fire access. Montgomery stated that the street is proposed to be accessed on both sides so that all property owners on Hilltop Lane share in the costs. He stated that there are no plans to post Hilltop Lane no parking, as there are only three homes. He stated that fire and emergency access will be assured. Several other residents spoke regarding driveway replacement, mailbox access, and tree preservation. Bob Schommer, 1323 West 17th Street, asked how information will be distributed to the homeowners. Montgomery stated that the City tries to distribute newsletters once every two weeks to keep property owners informed on the construction progress. He stated that, if approved, the project is estimated to start in early June. Jerry Bambenek. 1306 West 21st-Street, stated opposition to narrowing Westeview Drive. Mark Johnson, 1111 15th Street, questioned the width of Zweber Lane and drainage issues. Lester Fair. 40 Valley Lane, questioned the width of the street. Hearing no further comments, Mayor Werner closed the public hearing at 7:49 p.m. Minutes of the Regular Meeting of April 4, 2005 Page 3 of6 Resolution-Project 2005-1: Dakota Hills Improvements Moved by Councilmember Hicks, seconded by Council member Schultz to order the improvements, with the following amendments; . Eliminate the proposed sidewalk on 22nd and 23rd Streets; . 22nd and 23rd Streets remain at 36 feet wide; . Eliminate any proposed cul-de-sac islands from the project; . Valley Lane remain at 32 feet wide; . Valley Lane be rebuilt at existing alignment, provided all appropriate easements are obtained. Moved by Council member Riveness, seconded by Mayor Werner to adjust the resolution to construct a concrete trail in the boulevard across the frontage of the properties of 1803 Westview Drive and 1901 Hilltop Lane, and to provide the same option for the property owners of 2071 Westview Drive, 2219 Westview Drive, and 2231 Westview Drive. 6 Ayes; Nays, none. Copy of resolution on file. Public Hearing-2005 Street & Utility Reconstruction Program Project 2005-2: Zweber Lane Mayor Werner opened the public hearing at 7:59 p.m. Public Works Director Montgomery gave a brief overview proposed project 2005-2: Zweber Lane. Montgomery stated that Project 2005-2: Zweber Lane is estimated to cost $308,000, with $69,000 to be assessed to property owners. He stated that staff has received a mixed reaction from the property owners regarding the proposed street narrowing. Mark Curr, 1133 Zweber Lane, questioned the amount of the proposed assessment and stated support for the 32 foot width. Montgomery stated that assessments for cul-de-sac property are based on lot size to help assure equity. There was discussion of whether the property owners should pay the increased costs associated with retaining the wider width of the streets. Hearing no further comments, Mayor Werner closed the public hearing at 8:14 p.m. Resolution-Project 2005-2: Zweber Lane Improvements Moved by Council member Moratzka, seconded by Councilmember Riveness to order the improvements as proposed, with the elimination ofthe cul-de-sac islands. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Approve No Parking on East side of Westview Drive Between 15th Street and Southview Drive Moved by Councilmember Moratzka, seconded by Councilmember Schultz to approve the resolution as presented. 6 Ayes; Nays, none. Copy of resolution on file. Public Hearing-Ordinance Amendment #2005-18: DC Zoning District Uses Mayor Werner opened the public hearing at 8:29 p.m. Planning Director Hinzman stated that Mo changes are proposed: . Modify the existing special use permit provision limiting residential units to 50% of the first floor. Add language to require conformance to the Design Guidelines for Original Hastings to determine building uses per floor within the DC District; and . Modify building height language to allow building to be either 47 feet tall or 756.5 feet (height of the Finch Building). This change is consistent with a concurrent change to the Shoreland Ordinance. Minutes of the Regular Meeting of April 4, 2005 Page 4 of 6 Hinzman stated that the Planning Commission ~ted 6-0 to recommend these changes. .Hearing no further comments, Mayor Werner closed the public hearing at 8:24 p.m. Second Reading/Ordinance Amendment-Ordinance Amendment #2005-18: DC Zoning District Uses Mayor Werner questioned, if this change is approved, what would prevent 50% residential being put along 2nd Street where there is currently retail. He also stated that he did not feel it complies with the Heart of Hastings plan and wants some protection to retain retail along 2nd Street. There was discussion over the amount of retail available on the ground level. Robert Abdo, the developer for Three Rivers Place, who has a preliminary plat, site plan, and SUP request for Phase I of Block 2 redevelopment on the agenda, stated support for the ordinance amendment and stated that the proposed use of residential is on the north side of Block 2, facing the river. Retail is being proposed for along 2nd Street as part of the Phase II development. Councilmember Hicks stated that he felt that the ordinance amendment is consistent with the Heart of Hastings plan. He also stated that if the ordinance amendment is approved by the Council, anyone requesting more than 50% residential on the ground level is still required to obtain a special use permit. Moved by Councilmember Moratzka, seconded by Councilmember Alongi to approve the ordinance amendment regarding the maximum height of buildings downtown. The issue regarding residential use on the ground level was referred to the Planning Committee for further discussion. 5 Ayes; Nays, one. Councilmember Hicks voting against. Copy of ordinance on file. Public Hearing-Shoreland Ordinance Amendment #2005-17: Downtown Hastings Mayor Werner opened the public hearing at 9: 17 p.m. Planning Director Hinzman stated that this amendment is being proposed to ensure that redevelopment projects downtown are consistent with the Heart of Hastings plan. Hinzman stated that the Planning Commission \/Oted 6-0 to recommend these changes. Hearing no further comments, Mayor Werner closed the public hearing at 9: 19 p. m. Second Reading/Ordinance Amendment- Shoreland Ordinance Amendment #2005-17: Downtown Hastings Moved by Council member Moratzka, seconded by Councilmember Hicks to approve the ordinance amendments as proposed, and for staff to send the changes to developers as notification of the changes. 6 Ayes; Nays, none. Copy of ordinance on file. Resolutions-Preliminary Plat/Site Plan/SUP #2005-07: Three Rivers Place, Phase 1 at Block 2 Downtown Planning Director Hinzman stated that because the ordinance regarding residential use on the ground level was not approved, no action can be taken on the site plan or special use permit requests. Moved by Councilmember Alongi, seconded by Councilmember Riveness to approve the preliminary plat with the condition that it is contingent upon site plan appoval. 6 Ayes; Nays, none. Copy of resolution on file. Moved by Councilmember Alongi, seconded by Councilmember Schultz to table the request for special use permit. / 6 Ayes; Nays, none. Minutes of the Regular Meeting of April 4, 2005 Page 5 of6 Moved by Councilmember Alongi, seconded by Council member Moratzka to approve the request for a shoreland special use permit, upon publication of the recent shoreland ordinance amendments. 6 Ayes; Nays, none. Moved by Council member Riveness, seconded by Councilmembe'r Alongi to table the site plan. 6 Ayes; Nays, none. Moved by Councilmember Alongi, seconded by Councilmember Schultz to extend the site plan approval by an additional 60 days. 6 Ayes; Nays, none. Easement Fencing and Landscaping Policy Public Works Director Montgomery outlined the recommended policy. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the policy as presented. 6 Ayes; Nays, none. Variance #2005-16: Architectural Standards at Hastings Ford (3625 Vermillion Street) Planning Director Hinzman stated that Hastings Ford is requesting placement of a 40' x 60' metal pole building which does not meet the architectural standards ordinance. Additionally, the request is to locate the building in a proposed future right-of-way along the east property line. Hinzman stated that the Planning Commission recommended to deny the variance. Staff has met with the applicant to address some aesthetic concerns with the proposed building. The applicant has modified the request to add a stucco finish over metal with a brick wainscoting on the south wall of the structure, and will heavily landscape the east and north sides of the building for a buffer to the adjacent neighborhood. The plantings would be identified as part of the site plan process. Councilmember Moratzka stated that she would like to see the issue of whether the road right-of-way is needed to be resolved. She stated support of the revised building plans if the building is moved to the west of the property, outside of the proposed right-of-way. Doug Erickson, the applicant, stated that he is not opposed to moving the building but that he would request resolution of the right-of-way issue. Public Works Director Montgomery stated that the City has identified the proposed right-of- way for future development, but does not oWl the right-of-way. Councilmember Hicks stated opposition to the pole barn, but stated that he won't block approval, as the variance will need 6 votes to be approved. Moved by Councilmember Riveness, seconded by Councilmember Alongi to approve the variance on the condition that the building be moved out of the proposed right-of way and the issue of the right-:-of-way to be referred to the Planning Committee br resolution. 6 Ayes; Nays, none. Comments From the Audience Pam Holzem, 114 2nd Street East, requested that the City Council treat all developers working downtown the same way. Ron Craft, 216 2nd Street East, stated that more parking is needed downtown. Rich Myklebust, 1336 Eagle Bluff Drive, requested a copy ofthe easement landscaping and fencing policy. .- Minutes of the Regular Meeting of April 4, 2005 Page 6 of6 Adjournment Moved by Council member Hicks; seconded by Council member Alongi to adjoum the meeting at 10:12 p.m. 6 Ayes; Nays, None. ATTEST City Clerk Mayor Date: 04/14/2005 Time: 11:27:43 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report VI-1 Page: 1 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ --~--------- COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.I.S. M.I.S. M.I.S. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE UNITED STATES POSTAL POSTAGE RESET Total for Department 000 FILTERFRESH COFFEE SERVICE Total for Department 102 AT&T MARCH LONG DISTANCE CHAR NEOPOST LEASING MAILPRO RENTAL/MAY NEXTEL COMMUNICATION CELL PHONE SERVICE UNITED STATES POSTAL POSTAGE RESET Total for Department 105 AT&T MARCH LONG DISTANCE CHAR CRAGUN'S CONFERENCE MESKO - LEE/ MCMA/MACA CON Total for Department 107 AT&T MARCH LONG DISTANCE CHAR WORK CONNECTION INC KAISER/ WEEK ENDING 4-03 Total for Department 120 AT&T MARCH LONG DISTANCE CHAR DAKOTA ELECTRIC ASSN ELECTRICITY/ MARCH DALCO CLEANING SUPPLIES/ CH & FILTRA TECH SYSTEMS AIR FILTERS/ CH & PD FILTRA TECH SYSTEMS AIR FILTERS/CH & PD GERRY'S FIRE PROTECT CH/FlRE EXTINGUISHER INS LIFEWORKS SERVICES I CLEANING/ CH & PD R & 0 ELEVATOR CO. I ELEVATOR SERVICE/ CH & P SDS INC. PLOWING/ MARCH 10 & 19 Total for Department 140 AT&T MARCH LONG DISTANCE CHAR Total for Department 150 AT&T MARCH LONG DISTANCE CHAR CRABTREE COMPANIES I LASERFICHE TRAINING DELL DIRECT SALES L. IT LAPTOP Total for Department 160 AT&T MARCH LONG DISTANCE CHAR TIMOTHY CONNELL VEST REIMBURSEMENT DAKOTA ELECTRIC ASSN ELECTRICITY/ MARCH GERRY'S FIRE PROTECT FIRE EXTINGUISHER INSPEC INSIGHT PUBLIC SECTO COMPUTER ITEM INSIGHT PUBLIC SECTO COMPUTER ITEMS ARCH WIRELESS PAGER LEASE UNIFORMS UNLIMITED RISCH/ UNIFORM ALLOW UPS STORE, THE 2004 ANNUAL REpoRT CREAT Total for Department 201 BUILDING AND INSPECT AT&T MARCH LONG DISTANCE CHAR 2,000.00 2,000.00* 180.00 180.00* 6.56 233.58 39.08 9.50 288.72* 8.39 246.18 254.57* 5.06 246.40 251. 46* 1.00 20.80 357.49 39.85 374.14 200.45 230.48 315.75 300.00 1,839.96* 7.02 7.02* 12.22 135.00 1,989.03 2,136.25* 69.13 823.65 10.69 314.85 15.59 42.33 200.76 201.50 1,096.87 2,775.37* 28.31 Date: 04/14/2005 Time: 11:27:44 Operator: BECKY KLINE Page: 2 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ BUILDING AND INSPECT BENSHOOF KEVIN BUILDING INSPEC/CLASS BUILDING AND INSPECT MCES MARCH SAC CHARGES BUILDING AND INSPECT MN STATE TREASURER SURCHARGE/1ST QTR BUILDING AND INSPECT NAT'L FIRE PROTECTIO MANUAL BUILDING AND INSPECT WEST DAWN DIGITAL CAMERA Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS 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 ANDERSEN, E.F. & ASS PAWNS / INSERTS AT&T MARCH LONG DISTANCE CHAR CHALMERS DAVID EXPENSE REIMBURSEMENT CEAM/ CITY ENGINEERS EGGERS/ MEMBERSHIP CEAM/ CITY ENGINEERS MEMBERSHIP DUES/MONTGOME COPY EQUI PMENT INC. PLOTTER PAPER DAKOTA ELECTRIC ASSN ELECTRICITY/ MARCH GRAND VIEW LODGE MPWA CONF LODGING/ EGGER GRAYBAR ELECTRIC FUSES I-STATE TRUCK CENTER SWEEPER PART KIMBALL-MIDWEST CLEANER MACQUEEN EQUIPMENT, SPROCKETS/ CHAIN MACQUEEN EQUIPMENT, V-BELT MOTOR PARTS SERVICE CLAMPS MOTOR PARTS SERVICE FILTER MOTOR PARTS SERVICE FILTERS MOTOR PARTS SERVICE LOCK CLIPS MOTOR PARTS SERVICE SUPPLIES NAT'L SOCIETY PROF.E EGGER/ MEMBERSHIP RUFFRIDGE JOHNSON EQ REPAIR KITS RUFFRIDGE JOHNSON EQ SOLENOID RUEDY, CALVIN APWA CONFERENCE SDS INC. PLOWING/ MARCH 10 & 19 UNITED RENTALS DRILL/ BIT UNIVERSITY OF MINNES MPWA CONF / EGGER WINGFooT COMMERCIAL TIRES Total for Department 300 PARKS AND RECREATION FI"RST NAT'L BANK LOAN 0320243279/MAY Total for Department 401 LE DUC MANSION MISCELLANEOUS MACDONALD & MACK ARC INTERIOR FINISH RESTORAT Total for Department 450 LEAGUE/MN CITIES INS INS DEDUCTIBLE/ LAWSUIT Total for Department 600 Total for Fund 101 PARKS AND RECREATION ICI PAINTS FIELD PAINT PARKS AND RECREATION LEEF BROTHERS, INC. TOWELS PARKS AND RECREATION OFFICE MAX - A BOISE NOTARY STAMP PARKS AND RECREATION UNITED BUILDING CENT PLYWOOD /' 657.72 11,484.00 3,162.03 39.02 122.19 15,493.27* 753.56 9.55 94.09 60.00 60.00 201.86 1,932.70 100.00 74.44 30.05 55.47 60.55 -45.27 24.80 16.86 175.13 2.90 31.04 110.00 372 . 98 327.85 420.00 330.00 155.33 180.00 685.98 6,219.87* 1,527.35 1,527.35* 705.00 705.00* 5,000.00 5,000.00* 38,678.84* 491. 87 52.43 22.68 162.31 Date: 04/14/2005 Operator: BECKY KLINE Time: 11:27:44 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 3 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 401 Total for Fund 200 PARKS AND RECREATION AT&T MARCH LONG DISTANCE CHAR PARKS AND RECREATION COLT ELECTRIC INC. REPAIR ACUATORS/FILTER S PARKS AND RECREATION RECREATION SUPPLY CO RECREATION SUPPLIES/ CHE Total for Department 401 Total for Fund 201 CABLE AURAN, PAUL 1ST QTR 2005/ 3RD QTR 20 Total for Department 420 Total for Fund 205 CABLE HASTINGS ACCESS CORP ACCESS SUPPORT Total for Department 420 Total for Fund 206 HERITAGE PRESERVATIO AT&T MARCH LONG DISTANCE CHAR Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE AT&T MARCH LONG DISTANCE CHAR BUMPER TO BUMPER PAINT EMERGENCY APPARATUS DOME LIGHTS MN FIRE SERVICE CERT RECERTIFICATION / 18 Total for Department 210 AMBULANCE AMBULANCE AMBULANCE BOYER FORD TRUCKS TRNASMISSION/ AMBULANCE MEDTRONIC PHYSIO-CON LIFEPAK BATTERIES TRI -ANIM HEALTH SERV ADAPTER/ VALVE Total for Department 220 Total for Fund 213 PARKS AND RECREATION RED WING CONSTRUCTIO WALLIN PARK SHELTER Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO AT&T MARCH LONG DISTANCE CHAR HOUSING AND REDEVELO HOISINGTON KOEGLER G BOLLARD RESEARCH/ MEETIN HOUSING AND REDEVELO SDS INC. PLOWING/ MARCH 10 & 19 Total for Department 500 Total for Fund 404 729.29* 729.29* .50 195.00 806.55 1,002.05* 1,002.05* 1,200.00 1,200.00* 1,200.00* 35,000.00 35,000.00* 35,000.00* 1.33 1.33* 1.33* 10.85 13.29 46.92 270.00 341. 06* 2,921.60 504.17 232.41 3,658.18* 3,999.24* 1,082.05 1,082.05* 1,082.05* 1.46 809.97 360.00 1,171.43* 1,171.43* Date: 04/14/2005 Time: 11:27:44 Operator: BECKY KLINE Page: 4 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report PUBLIC WORKS -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS E I< G CONSULTING INC 3RC NEGOTIATIONS/ SPECS Total for Department 300 Total for Fund 494 COpy EQUIPMENT INC. COLOR PLANS E I< G CONSULTING INC 3RC NEGOTIATIONS/ SPECS Total for Department 300 Total for Fund 495 ALL STAR WIRELESS CELL PHONE REPAIR ATI<T MARCH LONG DISTANCE CHAR CHEMSEARCH CHEM GUARD AEROSOL DAKOTA ELECTRIC ASSN ELECTRICITY/ MARCH ECOLAB PEST ELIM.DIV ODOR UNITS GOPHER STATE ONE-CAL LOCATE TICKETS GRAPHIC DESIGN STATEMENT MAILING ZGODA, JOHN REIMBURSEMENT/ GAS Total for Department 300 Total for Fund 600 DAKOTA ELECTRIC ASSN ELECTRICITY/ MARCH INFRATECH SEWER TELEVISING MACQUEEN EQUIPMENT, BUSHINGS/ SHAFT/ BLOCKS MCES MAY WASTEWATER SERVICE MN RURAL WATER ASSOC DUBE/ WASTEWATER TRAININ Total for Department 300 Total for Fund 601 PARKS AND RECREATION ATI<T MARCH LONG DISTANCE CHAR PARKS AND RECREATION GERRY'S FIRE PROTECT EXTINGUISHER INSPECTION PARKS AND RECREATION MIDWEST COCA-COLA BT POP/ WATER PARKS AND RECREATION R I< R SPECIALITIES, 2 BLADE SHARPS Total for Department 401 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PLANNING PLANNING Total for Fund 615 ATI<T MARCH LONG DISTANCE CHAR GLENWOOD INGLEWOOD C WATER COOLER RENTAL POWER ENGINEERING I< PINIONS YOCUM OIL CO INC OIL / GREASE Total for Department 300 Total for Fund 620 BDM CONSULTING ENGIN BLOCK 1/ SHERMAN ASSC BDM CONSULTING ENGIN PLASTIC PRINTERS' 480.00 480.00* 480.00* 3,501.72 1,720.00 5,221.72* 5,221.72* 35.00 10.85 174.36 150.61 12.25 199.80 173.91 62.65 819.43* 819.43* 215.78 1,190.00 1,357.41 71,824.59 90.00 74,677.78* 74,677.78* 1.08 198.42 30.50 43.50 273.50* 273.50* 9.21 7.46 18,526.00 1,411.93 19,954.60* 19,954.60* 1,375.00 125.00 Date: 04/14/2005 Time: 11:27:44 Operator: BECKY KLINE Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PLANNING BDM CONSULTING ENGIN WESTVIEW PKG Total for Department 150 375.00 1,875.00* Total for Fund 807 1,875.00* Grand Total 186,166.26* April 18, 2005 APPROVED: C~f\~ ~i Assistant Finance Director Mayor Werner Nenmrd.m To: City Council From: Becky Kline, Finance Department Date: 04/12/2005 atyof J-b;ti~ ~'/'.'.:,,'lJ.~'A".V;: '~"I~'JC::'7:'i":'.':':':,:<"_~~.:;~'~1r...~.),$i;j~~.Y':~";~:.':::J:'j',:'~:~n~.'~ ;"'~':Jt'.r,l":\!"";;':'21JI The attached Department Report itemizes vouchers that were paid on April 12, 2005. Thank you. /' Date: 04/12/2005 Time: 08:15:34 Operator: BECKY KLINE Page: 1 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK FINANCE FINANCE FINANCE FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING PLANNING M.l.S. POLICE POLICE POLICE POLICE POLICE MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE MN CHILD SUPPORT PMT CONNELL / CASE 001435452 MN CHILD SUPPORT PMT PUCH/ CASE 00138614701 & SPRINT CONTRACTS & P REFUND OVERPAYMENT ANTEN Total for Department 000 MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 102 COOKE, J. P . & CO. DOG LI CENSE TAGS DAKOTA COUNTY TREAS- PROP TAXES LAND SIREN SO LASERSHARP, INC. TONER CARTRIDGE MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE OFFICE MAX - A BOISE BINDERS/LABELS OFFICE MAX - A BOISE CHAIRMAT OFFICE MAX - A BOISE COPY PAPER OFFICE MAX - A BOISE COPY PAPER/CLIPS/CARTRID OFFICE MAX - A BOISE INDEX TABS/PUNCHED PAPER OFFICE MAX - A BOISE INK ROLLER/CHAIRMAT/PAPE Total for Department 105 MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 107 HASTINGS AREA CHAMBE LODGING TAX COLLECTED KERN, DeWENTER, VIER INTERIM BILLING 2004 AUD LASERSHARP, INC. PRINTER REPAIRS MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE WORK CONNECTION INC WK END 3/27/05 A KAISER Total for Department 120 ELECTRO WATCHMAN, IN QUARTERLY ALARM SERVICE FASTENAL COMPANY SUPPLIES KATOLIGHT CORPORATIO TIMER RELAY FOR PD GENER MINNEGASCO,ACCT'S PA MONTHLY GAS/ MARCH MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE MOSENG, PATRICK DAVI KEYS FOR CH Total for Department 140 DAKOTA COUNTY PROPER RECORDING FEES MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE ~otal for Department 150 MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 160 BIRCHEN ENTERPRISES BIRCHEN ENTERPRISES BIRCHEN ENTERPRISES BIRCHEN ENTERPRISES BIRCHEN ENTERPRISES BRAKES/ROTORS/PADS/COIL BRAKES/ROTORS/PADS/SHOES CK BRAKE NOISE FLAT REPAIR FUEL PUMP " 1,467.15 238.57 438.39 886.47 3,030.58* 60.46 60.46* 65.29 28.54 62.84 19.50 88.63 28.74 97.87 454.57 35.23 78.11 959.32* 5.15 5.15* 4,377.72 17,000.00 42.60 31.20 308.00 21,759.52* 57.51 4.75 106.42 3,970.05 7.80 45.80 4,192.33* 214.50 15.21 229.71* 7.80 7.80* 616.40 371. 02 18.00 10.00 448.73 Date: 04/12/2005 Time: 08:15:35 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Description Department Vendor Name ------------------------ -------------------- -------------------- POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE BUILDING AND BUILDING AND BUILDING AND BUILDING AND BUILDING AND PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS BIRCHEN ENTERPRISES OIL CHANGE BIRCHEN ENTERPRISES THERMOSTAT/GASKET/OIL CH BUREAU OF CRIMINAL A CJDN CONNECTION BUREAU OF CRIMINAL A MDT HOST SITE FEE CAPITOL COMMUNlCATIO REPAIR SQUAD RADIO EQUIP DELL DIRECT SALES L. LAPTOP COMPUTERS (6) INSIGHT PUBLIC SECTO CASES FOR LAPTOP COMPUTE KDWA RADIO PUBLIC SAFETY RADIO ANNO MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE NEXTEL COMMUNICATION CANINE CELL PHONE NEXTEL COMMUNICATION MONTHLY CELL PHONE REGINA MEDICAL CENTE LAB BLOOD TEST WILSON STREICHER'S SWAT ITEMS N WOOD Total for Department 201 INSPECT BDM CONSULTING ENGIN TOP OF BLOCK VERIFlCATIO INSPECT DOWNTOWN TIRE & AUTO FUEL PUMP/FILTER INSPECT FURNITURE-ONLINE. COM READING TABLE INSPECT MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE INSPECT STATE OF MN BOARD OF ELECTRICAL INSPECTION CE Total for Department 230 ANDERSEN, E.F. & ASS POSTS ANDERSEN, E.F. & ASS SIGN PLATES ANDERSEN, E.F. & ASS SIGNS FASTENAL COMPANY WRENCH FORCE AMERICA CELLULOSE SHORT J-CRAFT INC LEVEL SENDER LITTLE FALLS MACHINE EDGE/ROD MINNEGASCO,ACCT'S PA MONTHLY GAS/ MARCH MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE NEXTEL COMMUNICATION WIRELESS CHARGES NIEBUR IMPLEMENT CO SPARK PLUG NIEBUR IMPLEMENT CO WEED WHIPPER/BRUSH NINE EAGLES PROMOTIO CLOTHING-MEIER RDO EQUIPMENT / POWE NUT/BOLT SHERWIN-WILLIAMS CABLE WINGERT SALES & SERV BUNKER COVER Total for Department 300 PARKS AND RECREATION ELECTRO WATCHMAN, IN QUARTERLY ALARM SERVICE PARKS AND RECREATION MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 401 Total for Fund 101 PARKS AND RECREATION BARNUM GATE SERVICES GATE REPAIR/CONTROL BOAR PARKS AND RECREATION GERRY'S FIRE PROTECT ANNUAL FIRE EXTINGUISHER PARKS AND RECREATION LEEF BROTHERS, INC. LAV & SHOP TOWELS PARKS AND RECREATION MIDWEST FENCING & MF 9 GA LONG FENCE ~IES Page: 2 Amount ------------ 91. 40 165.62 390.00 380.00 36.26 8,658.47 152.72 49.99 218.40 182.93 783.98 70.25 29.95 12,674.12* 825.00 590.74 166.00 39.00 50.00 1,670.74* 571.91 82.22 221. 03 29.77 27.97 125.23 695.79 1,045.21 120.74 776.04 21.19 397.78 250.00 60.00 27.48 186.38 4,638.74* 57.51 3.90 61.41* 49,289.88* 157.75 206.47 51. 02 32.59 Date: 04/12/2005 Time: 08:15:35 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 3 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PARKS AND RECREATION , MINNEGASCO ACCT, S PA MONTHLY GAS/ MARCH PARKS AND RECREATION MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE PARKS AND RECREATION MOTOR PARTS SERVICE BATTERY PARKS AND RECREATION TESSMAN SEED INC BALLFIELD LINE MARKER Total for Department 401 Total for Fund 200 PARKS AND RECREATION ADOLPH KIEFER & ASSO POOL SUPPLIES PARKS AND RECREATION ADOLPH KIEFER & ASSO RESCUE TUBES PARKS AND RECREATION BOUND TREE/NORTH AME FIRST AID SUPPLIES PARKS AND RECREATION MINNEGASCO, ACCT' S PA MONTHLY GAS/ MARCH PARKS AND RECREATION MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE PARKS AND RECREATION RECREATION SUPPLY CO VACUUM HOSE Total for Department 401 Total for Fund 201 FIRE FIRE FIRE FIRE FIRE FIRE. FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE AMERIPRIDE LINEN & A TOWELS FASTENAL COMPANY CREDIT FOR FLXHND FASTENAL COMPANY PLIER SET FASTENAL COMPANY SHOP SUPPLIES FASTENAL COMPANY UTILITY VISE FIRE INSTRUCTORS ASS BLOOMSTRAND FIRE INSTRUCTORS ASS BLOOMSTRAND/T SELESKI FIRE INSTRUCTORS ASS BOLER/CHRIS PAULSON FIRE INSTRUCTORS ASS CHRIS PAULSON GERRY'S FIRE PROTECT ANNUAL FIRE EXTINGUISHER MIDTOWN FOOD CENTER FIRE STATION COFFEE MINNEGASCO,ACCT'S PA MONTHLY GAS/ MARCH MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE MOTOR PARTS SERVICE OIL & AIR FILTER Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE MEDICA REFUND M KEICHLER GERAGHTY, DOROTHY REFUND GERAGHTY PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE MARCH AMBULANCE MEDS Total for Department 220 Total for Fund 213 HOUSING AND REDEVELO MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE Total for Department 180 , 2,959.00 42.90 28.89 391. 24 3,869.86* 3,869.86* 407.01 337.50 400.47 304.50 10.76 176.51 1,636.75* 1,636.75* 27.63 -46.87 172.72 11.78 108.95 53.20 127.80 110.76 53.20 395.77 53.83 2,264.28 101.40 19.54 3,453.99* 149.21 134.92 241. 36 107.04 632.53* 4,086.52* 8.58 8.58* 8.58* 1.17 1.17* Date: 04/12/2005 Time: 08:15:35 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 4 Department Vendor Name Description Amount Total for Fund 407 -------------------- -------------------- ------------------------ ------------ 1.17* 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 COLT ELECTRIC INC. REPLACE STROBE/HORN ON F DAVIES WATER EQUIPME METER COVER G &. K SERVICES MAT/TOWEL RENTAL GERRY'S FIRE PROTECT ANNUAL FIRE EXTINGUISHER MINNEGASCO,ACCT'S PA MONTHLY GAS/ MARCH MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE MOTOR PARTS SERVICE BLADES NAT'L WATERWORKS METERS/FLANGE KITS/CONNE NEXTEL COMMUNICATION ACCESSORIES NEXTEL COMMUNICATION WIRELESS CHARGES OFFICE MAX - A BOISE FOLDERS/FILES SENSUS TECHNOLOGIES, SOFTWARE SUPPORT TWIN CITY WATER CLIN BACTERIA ANALYSIS 03/05 VIKING AUTOMATIC SPR LABOR ON SPRINKLER SYSTE WATER ENVIRONMENT FE MEMBERSHIP RENEWAL 01767 XCEL ENERGY MARCH SERVICE Total for Department 300 Total for Fund 600 PUBLIC WORKS MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE PUBLIC WORKS XCEL ENERGY MARCH SERVICE Total for Department 300 Total for Fund 601 CITY CLERK CITY CLERK CITY CLERK KLEIN, BERNIE REFUND TRAC TOKENS RETUR MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE MOTOR PARTS SERVICE AIR FILTERS Total for Department 107 Total for Fund 610 PARKS AND RECREATION MIDTOWN FOOD CENTER CONCESSIN SUPPLIES ARENA PARKS AND RECREATION MIDTOWN FOOD CENTER CONCESSION SUPPLIES AREN PARKS AND RECREATION MINNEGASCO, ACCT' S PA MONTHLY GAS/ MARCH PARKS AND RECREATION MN DEPT/LABOR &. INDU JEFF ELLIOTT BOILER LICE PARKS AND RECREATION MN DEPT/LABOR &. INDU JIM MCGREE BOILER LICENS PARKS AND RECREATION MINNESOTA MUTUAL APRIL LIFE INSURANCE PRE PARKS AND RECREATION SHERWIN-WILLIAMS PAINT/MATERIALS EAST LOC PARKS AND RECREATION XCEL ENERGY MARCH SERVICE Total for Department 401 Total for Fund 615 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS COLT ELECTRIC INC. CONNELLY INDUSTRIAL MINNESOTA MUTUAL REPLACE LIGHTS ALARM INSTALLATION-WIRE APRIL LIFE INSURANCE PRE 218.00 52.94 106.07 289.55 1,553.89 43.37 12.72 4,442.79 47.89 412.70 18.15 1,000.00 160.00 435.00 95.00 356.40 9,244.47* 9,244.47* 23.48 559.35 582.83* 582.83* 30.00 37.75 33.54 101.29* 101.29* 51. 51 15.48 4,890.83 20.00 20.00 20.44 11 7.15 7,558.48 12,693.89* 12,693.89* 632.00 665.52 13 .65 Date: 04/12/2005 Time: 08:15:36 Operator: BECKY KLINE Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 300 1,311.17* Total for Fund 620 1,311.17* Grand Total 82,826.41* / VI.2 MEMO RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Interim Finance Director Darbie Johnson Aquatic Center Manager Kurt Stoudt, Facilities Manager 2005 Budget adjustment April 11, 2005 TO: FROM: The City Council is asked to authorize the following 2005 budget adjustments and transfers: $2,000.00 Increase IT line item for computers in the Equipment Revolving fund. IT manger's computer fried and a replacement is needed. IT's ERF fund has cash to cover this expenditure. $20,000.00 The top corbelled section of the boiler stack on city hall has deteriorated to the point where is in need of repairs. The condition of the stack is a safety hazard as it has several bricks that are loose and have the possibility of falling to the sidewalk below. Repairs to be performed include removing the corbelled section and rebuilding it. Also replaced will be any damaged brick, grind out deteriorated mortar joints and tuck point these joints with new mortar. Please adjust the budget line: 101-140-1401-6350, repairs and maintenance to building. If you have questions please contact Kurt Stoudt at 480-2363. A transfer from the ERF capital cash account will fund this budget adjustment. There is sufficient funds in this cash account which is used for such emergency requests. $800.00 As the pre-season opening of the pool begins, a safety issue has presented itself that we would like to rectify before the 2005 season begins. At the entryway of each locker room, the floor tracking has worn down and when wet is very slippery. Last fall we painted the floor with textured paint, but unfortunately in tests this year it still remains slippery. In the past we have had several of our younger patrons slip and fall as they corner into the locker rooms. We would like to use ERF money to purchase floor matting for the entryway to each locker room. If you have any questions, please contact me at 651-480-6179 or diohnson~ci.hastinas.mn.us There is sufficient funds to cover this expenditure. Council Action Reauested / Authorize the above 2005 budget adjustments and transfers. VI-3 MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Charlene A. Stark, Interim Finance Director Quarterly Financial Report April 6, 2005 The Cities audit firm KDV has suggested that Finance update the City Council on a quarterly basis where the departments are at on their budgets for the yeaL This is a brief summary of that information being presented to you tonight as informational only. No action is needed. Salaries and Benefits: In this line item we are not at the 25% one would expect due to little OT in the Streets department due to lack of snow and due to many positions in many departments have not been filled during this quarter or have recently been filled and no expenditures have occurred at this time. Public Works 2 Finance 1 IT 1 Code Enforcement 1 Building and Inspections 1 Parks 1.5 Capital: A large part of this line item is tied up with the spend down of TIF funds and a public works expansion of offices and wells. These projects are incomplete at this time and or have not been started. Debt: Principal expenditures are at 100% as most of the City's bond payments are due Feb 1st of each year. 2nd half interest payments are August 1st. VI.3 City of Hastings Quarterly Financial Report as of March 31, 2005 Governmental Funds (Admin, Parks & Recreation, Public Safety, Public Works) Amended Actuals Percentage Actuals Budget Year to Date of 2005 1 st Qtr 2005 2005 Budget 2004 Salaries and Benefits 7,003,966 1,375,848 19.644% 1,352,236 Charges for Services 2,766,785 824,088 29.785% 821, 196 Supplies 444,328 103,769 23.354% 67,563 Capital 3,693,138 113,662 3.078% 95,453 Debt Service Principal 2,355,000 2,320,000 98.514% 2,400,000 Interest and Fees 1,382,299 590,304 42.704% 526,125 Total Expenditures 17,645,516 5,327,670 30.193% 5,262,573 Enterprise Funds (Hydro, Trac, Water, Sewer)+A 1 Amended Actuals Percentage Actuals Budget Year to Date of budget 1 st Qtr 2005 2005 2005 2004 Salaries and Benefits 1,081,964 204,975 18.945% 200,827 Charges for Services 1,854,623 521,763 28.133% 346,145 Supplies 197,510 7,866 3.982% 11,575 Capital 1,291,007 115,713 8.963% 48,635 Debt Service Principal 40,000 40,000 100.000% 540,000 Interest and Fees 36,198 18,559 51.270% 59,545 Total Expenditures 4,501,302 908,875 20.191% 1,206,727 /' VI.4 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery April 12, 2005 Approve Change Order #1,2004 Westwood Area hnprovements Enclosed for Council approval is Change Order #1 to the 2004 Westwood Area improvement project for the completion of the last block and a half of Forest Street. The change order is in two parts; part one involves negotiated unit price increases for materials costs for bituminous paving materials and concrete totaling $1,567.80. These unit price increases reflect materials cost increases from the 2004 construction season to the 2005 construction season. The second part of the change order involves additional cost items for re-mobilization to finish the project this spring, costs for removing the asbestos containing sewer services, and re-installing a temporary watermain to provide water service to the Forest Street homes while the watermain is being replaced. These additional costs total $23,400. City of Hastings - Engineering Department CHANGE ORDER #1 Contractor: Address: Three Rivers Construction, Inc. 15001 Hudson Road P.O. Box 206 Lakeland, MN 55043 City Project No.: 2004-1 Contract Name: Westwood Area hnprovements In accordance with the tenus of this contract, you are hereby authorized and instructed to perfonu the Work as altered by the following provisions Three Rivers Construction, Inc. agrees to perform the reconstruction of the remaining portion of Forest Str . h . d' ~ I h . . d' h bl b I eet, WIt reVIse umt costs or Only t e Items summanze m t e ta e e OW: ESTIMATED FOREST STREET REVISED DESCRIPTION QUANTITY UNIT UNIT PRICE BIT MATERIAL FOR TACK COAT 100 GAL $1.35 BIT WEAR COURSE (LV 4) DRIVEWAY 100 SY $13.78 BIT WEAR COURSE (MV 3) STREET 250 TON $31.25 BIT NON WEAR COURSE (MV 3) STREET 250 TON $30.00 CONC CURB AND GUTTERB618 1220 LF $8.27 4" CONC WALK 0 SF $3.41 6" CONC DRIVEWAY PAVT (SY) 200 SY $31.20 The revised prices for the items above are to remain the same throughout the remainder of the project. Three Rivers Construction, Inc. also agrees to prices for items new to the contract, summarized below: ESTIMATED UNIT DESCRIPTION QUANTITY UNIT PRICE CONSTRUCT & REMOVE TEMPORARY W ATERMAIN SYSTEM 1200 LF $8.00 MOBILIZATION 1 LS $3,000.00 REPLACEMENT OF EXISTING TRANSITE SEWER SERVICE 9 EA $1,200.00 The remaining line items already contracted for, and not addressed herein shall remain at the same unit prices as the original bid of April 30, 2004. Conditions of the new items will be as follows: 1.) The temporary watermain system line item will be paid by the LF and only per foot of main line installed, no compensation will occur for the service taps to this main line, nor the connection of the service line hose to the homes, disinfection and testing of the temporary watermain system will follow the same procedures as in 2004. 2.) Mobilization will be for the transporting of equipment to and from the site as necessary to complete the remaining work on Forest Street. This item will be paid once only and on a lump sum basis. (continued) 1 3.) Replacement of Existing Transite Sewer Service will be compensation for the cutting, removal, disposal, and replacement of the existing transite sewer services with 4" PVC that are encountered during the reconstruction of the remaining Forest Street utilities. All procedures used for removal activities will be in accordance with MPCA and MDH rules and regulations. The cost of obtaining the asbestos removal permit and any disposal charges and permits will also be included in this line item. Three Rivers Construction, Inc. also agrees to perform and complete all work related to reconstructing the remaining portion of Forest Street, along with unfinished contract items throughout the project, by the deadline of July 1, 2005, with final cleanup to occur by July 15. This revised deadline will be subject to all of the provisions of City Specifications, Section 100. No extension will be made for failure by Three Rivers Construction, Inc. to mobilize to the site in time to complete the work by the deadline. Approved By: Acting City Engineer Date: 4/7/2005 Accepted By: Contractors Authorized Representative Date: - 2- VI.5 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery April 12, 2005 Approve Change Order #4, Riverwood South Oaks Project Enclosed for Council approval is Change Order #4 to the 2003 Riverwood South Oaks improvement project. The change order is to establish a unit price for an erosion control blanket that was not included in the original bid. The erosion control blanket was used to stabilize the side slopes of the trail connection from 31 sl Street to the Vermillion River Trail. The total cost ofthis change order is $7,110.00. ,_"'::<=c;:;,;":;:;:",,,:::::::-..... .. .~,..:_._,.,"'__u=._w.""^"-_.,,.~__"'w_....... ~.~.~w,~'"..~,w,...'",.,."........... ..... ...... . l2212005 T[E 9: 36 FAl15072i 83650 Contractors Edge lIne. /."'".,....'" ...~ City of Hastings - Engineering Department CHANGE ORDER #4 Con1n1ctor: Conttaotors Edge. IDe. Address: 16511563 Avcmue Good Tb:under. MN 56031 City Project No.: 2003-2,3A,S Contract Name: 2003 City Improvements Location: Hastings, MN 550.33 . . < Ia ~'WIth ibc wrma ofdUs --',l'OII- bcrebyllUtbm%cd _ iJlSlllldld 10 pettilrm die Work III a1tcmt '0)' 11Ic ~.a ~Isions The prlc.e for the following new item bas been agj:eed to as follows: 'Wood Fiber Erosion Control B1anket S2.311SY Approved By: Acting CityBngmeer Date: 3/1612005 Date: . < . . I \\et.lgl'iEngj:D.eering\CONSnUCI'ION_PROJECTS\2003\CbaDp Orders\RSO\t#4 3.1 G.200S.do<: / .1. ~OOVM~ I,"';:' ':va TOTAL P. 02 II ~ VI-6 MEMO To: From: Date: Re: Honorable Mayor and City Council Nick Egger April 13, 2005 Municipal State Aid Street Designations Council is requested to adopt the enclosed two resolutions adding additional streets to the City's Municipal State Aid Street System. Under State Aid rules, the City may designate up to 20% of its street mileage as Municipal State Aid Streets. The following streets are recommended for designation: ~ Westview Drive between TH 55 and Pleasant Drive ~ South Frontage Road between Pleasant Drive and General Sieben Drive ~ South Frontage Road between General Sieben Drive and TH 55 ~ 1st Street between Pleasant Drive and CSAH 42 ~ Lyn Way between South Frontage Road and 15th Street .' ern' OF HASTIN6S CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ESTABLISHING MUNICIPAL STATE Am HIGHWAYS WHEREAS, it appears to the City Council of the City of Hastings that streets hereinafter described should be designated Municipal State Aid Streets under the provisions of Minnesota Law. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Hastings that the roads described as follows, to-wit: ~ Westview Drive between TH 55 and Pleasant Drive ~ South Frontage Road between Pleasant Drive and General Sieben Drive ~ South Frontage Road between General Sieben Drive and TH 55 ~ 1st Street between Pleasant Drive and CSAH 42 ~ Lyn Way between South Frontage Road and 15th Street be, and hereby is established, located, and designated as Municipal State Aid Streets of said City, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for his consideration, and that upon his approval of the designation of said roads or portions thereof, that' same be constructed, improved and maintained as Municipal State Aid Streets of the City of Hastings. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, TillS 18th DAY OF APRIL, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) .-' VI-7 TO: FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator April 13, 2005 Lori Webster-Request for Unpaid Leave of Absence Council Action Reauested: Approve a 12-week unpaid leave of absence for Lori Webster, consistent with the Family and Medical Leave Act. Backaround Information: Lori Webster has requested an unpaid leave of absence for treatment of a serious medical condition, effective April 18, 2005. Her leave balances were exhausted on April 1, 2005 and the City Administrator has approved ten days worth of an unpaid leave of absence, per City policy. The City's Personnel Policy states that any unpaid leaves of absence in excess of ten days must be acted upon by the City Council. City staff recommends approval of an unpaid leave of absence. This leave will run concurrently with Lori's FMLA-eligible leave for a period of 12 weeks. Future requests for extension of any leave of absence will be brought before the City Council for action. If you have any questions, please let me know. " VI-8 City of Hastings Proclamation Blue Star Salute, An Armed Forces Day Celebration WHEREAS, when there is a call to active duty, families of military have many adjustments to make. It is easier for the families to cope with these difficult changes if they know they are being cared for by veterans, communities and youth. WHEREAS, support is very important to our military families. The National Guard and Reserves no longer serve one weekend a month and two weeks a year. Our Minnesota soldiers today are prepared for lengthy overseas deployment. In fact, some soldiers are currently serving their 2nd tour of duty. Nearly 4,000 Minnesota National Guard and Reserves have said goodbye to their families, jobs, and communities to serve for a year or more in another county. WHEREAS, the Blue Star Salute, an observation of Armed Forces Day, is part of a veteran and community initiatives to cultivate ongoing support for the many Minnesota soldiers, called to active duty. It is the largest call-up in Minnesota since World War II. WHEREAS, display of the Service Star Banner first came about during World War I. During WWI and WWII, flags were hand made by mothers across the nation. One of the most famous flags was that of the five Sullivan brothers who all perished on the U.S.S. Juneau. WHEREAS, each blue star on the flag represents a service member in active duty. A gold star is displayed if a service member is killed in action or dies in service of their country. WHEREAS, many groups have been a valuable resource in leading the way and serving as a valuable resource and a friend in giving in many ways to the families of military personnel during this time of separation from their loved ones. Communities have served by supporting Minnesota Military Family Foundation, a community supported fund, (info@minnesotamilitaryfamilvfoundation.org), The Minnesota First Lady's Family Care Initiative (www.governor.state.mn.us/FirstLadv /flmainl.asp) and VFW Operation Uplink (www.operationuplink.org) NOW, THEREFORE BE IT RESOLVED, by the Hastings City Council and the Governor of the State of Minnesota Tim Pawlenty and First Lady Mary Pawlenty, all citizens are encouraged to honor our citizens who are serving today by joining the substantial festivities held on Armed Forces Day, Saturday, May 21,2005, at CP Adams Park, adjacent to the Minnesota Veterans Home-Hastings, starting at 1:00 p.m. and ending around 5:00 p.m. BE IT FURTHER RESOLVED, that the veterans, communities, and youth of the State of Minnesota shall lead the way in energizing our citizens to say "thank you" for recognizing service members of the U.S. Forces, National Guard and Reserves, their families, and service provided by Family Assistance Centers. Approved by the Hastings City Council on the 18th of April, 2005. r Michael Werner, Mayor Melanie Mesko Lee, City Clerk VI-9 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: April 18, 2005 Subject: Annual Report: #2004-03 - Commercial Asphalt - Hot Mix Asphalt Plant and #2004-04 - Barton Sand & Gravel- Soil Processing Plant- 2445 County Road 54 In 2004, the City Council approved the renewal of the Special Use Permits for Commercial Asphalt and Barton Sand & Gravel for a renewal period of three years, provided that an annual report is submitted for review. Staff has reviewed the annual report and finds it in compliance with previous reports and the resolutions passed by the Hastings City Council in 2004. Production levels for both soil processing and the asphalt plant are anticipated to remain consistent with previous years. The asphalt plant requested 4 time extensions last year. Two extensions were to accommodate projects in Hastings, one in Red Wing, and the fourth for the Wakota Bridge. Staff has not received any complaints on either operation in the past year. The special use permit will remain in effect until December 31,2006. ATTACHMENTS . Resolutions . Location Map . Special Use Permit 2004 Renewal (Applicant Narrative) . Analytical Test Results / Hot Mix Asphalt Plant Permit Status 'Report 2004 In March of 2004 the City of Hastings approved the renewal of a Hot Mix Asphalt Plant Permit through December 2006 with a condition that an Annual Status Report regarding the operation be submitted. The following information is submitted as the Annual Status Report for our Permit dated June 19, 1989, and renewed each year since, to operate a hot mix asphalt plant in a sand and gravel mine in the City of Hastings. The operator, Commercial Asphalt Co., is a division of Tiller Corporation. The property is owned by Donald (Butch) Davies and Donald Cysiewski. Location The plant site is in a sand and gravel mine located in part in the City of Hastings and in part in Ravenna Township. The site is north of Ravenna Trail (CSAH 54) near the intersection with County Road 91. The address is 2445 County Road 54, Hastings, MN. The plant site is in the City of Hastings, near the western entrance to the mine, and south of the Chicago, Milwaukee, St. Paul and Pacific Railroad tracks. A small part of the western portion of the property south of the railroad tracks is within the 100-Year Flood Boundary (flood plain) as set forth on the Flood Insurance Rate Map for the City of Hastings dated December 19, 1981. The plant is at an elevation of 694.2 feet, and therefore not in the flood plain. Operating Hours The current Permit allows operations from 6:00 AM to 5:00 PM, with no hauling before 7:00 AM. However, situations arise such as public emergencies or accelerated work schedules, which may require an extension of our normal operating hours. During 2004 there were four requests for extended hours of operation. Three of the requests dealt with MN/DOT projects taking place in the Hastings area and one request was for a project in the City of Red Wing. Hastings' city staff reviewed all four requests and granted permission to operate extended hours. Estimated Volume The amount of hot mix asphalt produced is dependent on market conditions and demand. We estimate production in 2005 will be approximately 150,000 tons. Traffic Patterns Traffic patterns to and from the plant primarily involve the west entrance to the mine, Ravenna Trail (CSAH 54) and County Highway 91. Traffic moves east and west on Ravenna Trail or north and south on County Road 91. In addition to Ravenna Trail, traffic to and from an area west of the site also uses u.S. Highway 61 for north and south travel through Hastings. Traffic Control Program The safety with which traffic moves to and from our plant and its impact on the health, safety and welfare of the people of the community is a major consideration to us. Safe trucking operations are dependent on the policies and procedures followed, including the condition of the equipment and the attitudes and driving practices of the individual drivers. Our goal is safe and courteous trucking activities to and from our plant to minimize"nnpact on the people around us. We have employed a traffic control program in the interest of safe trucking operations, which includes the following: (2cvd.. 3ls6/()~ 1. Access to the plant is limited to the entrance that presently exists. 2. A stop sign is maintained at the exit from the site. 3. Signs have been placed near the plant to encourage safe and courteous driving practices in accordance with all traffic rules and regulations. 4. We follow-up directly with drivers or customers who are not driving safely. Traffic Volumes The quantity of material a truck can haul is dependent on the legal load limit for each specific truck and the weight restrictions on the streets and roads of the intended travel routes. The estimated average load size for trucks hauling material from this plant is 19 tons. Based on the production capacity of the plant, which is approximately 400 tons per hour, and the estimated average load size, the peak number of loads from the plant in any hour dUring the season will b~ 21. Air Pollution Control EQuipment The plant is equipped with a fabric filter baghouse to control particulate matter emissions (dust). Plant operations require a permit from the Minnesota Pollution Control Agency (MPCA) which specifies performance testing to demonstrate compliance with established standards. This permit also addresses requirements regarding allowable fuels and the control of fugitive emissions (dust from truck traffic) through the application of water. A substantial area of the plant site used by trucks entering and leaving is hard surfaced which greatly reduces dust generated from truck traffic. Petroleum Storage Facilities and Back-up Containment System The operations of the plant require storage facilities on site for burner fuel, diesel fuel and asphalt cement. These facilities are registered with the MPCA. The tanks have a containment system that will contain the tank contents in case of a spill. The storage facilities and containment are above the 100- year flood elevation. Security Site access is restricted to authorized persons. The site entrance has a gate that is locked during non- operating hours. There is also a series of natural barriers, fences and earthen berms that limit access. Trespassing or infringement by unauthorized persons has not historically been a problem at this site. Status There were no significant changes to the operation during the 2004 production season. Respectfully submitted: / Tiller Corporation Michael Caron Regulatory Compliance Coordinator 2 HASTINGS CITY COUNCIL RESOLUTION NO. 3..,..16-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SPECIAL USE PERMIT TO ALLOW COMM~'RCIAL ASPHALT COMPANY TO OPERATE A TEMPORARY HOT MIX PLANT AT 2445 COUNTY ROAD 54, HASTINGS, M~ ... . Council member Schultz and moved its adoption: , ':, introduced the following Resolution " WHEREAS, Commercial Asphalt has initiateCt consideration of a Special Use Permit to operate a temporary hot mix asphalt plant on property located at 2445 County Road 54, legally described on Attachment A; and ' :: ^ ,.' WHEREAS, on February 23,2004, a PubliC Hearing on this proposed special use permit was held before th~ Planning Commission..of the City of Hastings, which hearing was proceeded 'by published notice as required- by state law, city charter and city ordinance; and '- : NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: . That a special use permit to conduct and operate a temporary hot mix asphalt plant is hereby granted, subject to the following conditions: 1. Expiration of the permit shall be December 31, 2006. 2. All PCA requirements shall be met and all permits received before the operation of the plant. 3. The site must be watered as necessary to control dust. 4. Before commencing operation of the plant, the applicant shall provide the city with the necessary insurance certificates and a performance bond for $25,000. 5. The site of the temporary asphalt plant shall be at an elevation of not less than 694 feet. This requirement includes that the bottom of the spill basin shall also be at an elevation of not less than 694 feet. 6. The aggregate stockpile shall be maintained as shown on the site plan for screening purposes. Also, it is strongly encouraged that the stockpile be wrapped around the front of the site as much as possible to provide effective screening. 7. That all requirements of the city code concerning temporary asphalt plants be attached as conditions for permit approval and be adhered to by the applicant. 8. The applicant shall file with the local fire authority a material safety data sheet for a flammable combustible liquid storage permit. 9. That conditions for approval be strictly enforced. 10. Hours of operation shall be from 6:00 am to 5:00 pm; however no hauling may begin before 7:00 am. 11 That the applicant provides the City Council with an annual report each January to provide an update on. .t~e activities and operations of the site. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member Hazlet moved a second to this resolution and upon being put to a vote adopted by all present. Ayes: ~ Counci1Jrembers. ]lazlet, Hicks, .!lbratzka, Riveness, Schultz, Yandrasits Nays: 0 .and Mayor ~ Absent: 0 ~ ATTEST: t ~l1.1A<lLr)~ Melanie Mesko Lee Administrative Assistant/City'Clerk Michael D. Werner, Mayor 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 15th day of March, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. UwCUu.-~~ Melanie Mesko Lee ~ Administrative Assistant/City Clerk This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 ." .. . .. (SEAL) / Fi~e 1 A~d1 fhef1+- A', . CI~I Cowl1cI7 eeX;l.af~ Hastings All of Government Lot Ten (10) and All that part of Lot Nine (9) lying South of the Vermillion Slough and River in Section Twenty Six (26); all that part of the Northwest quarter of the Northeast quarter (NW % of NE %) lying North of the Hastings and Ravenna Road (so called) of Section Thirty-Five (35), all in Township One Hundred Fifteen (11 5), Range Seventeen (1 7), excepting and reserving from the above lands any part thereof heretofore deeded for railway purposes, all according to the Government Survey thereat. Also excepting from the above ~described land that part of the NW % of the NE % of Section 35, Township 115, Range 17, lying Northerly of County Road Number 54 and southeasterly, southwesterly and northwesterly of the following described line: Commencing at the Northwest corner of said NW % of NE % ; thence South 00 01 '23" East (assumed bearing) along the West lineot said NW }4, of NE % for a distance of 700 feet to the North line of County Highway Number 54; thence South 790 10' 30" East along said North line for a distance of 67.1 9 feet to the point of beginning; thence North 00 01:'23" West for a distance of 132.56 feet; thence South 79013'30" East ,for a distance of 740.22 feet; thence South '140 03' West for a distance of 131.05 feet to the said North line of Highway Number 54 and there terminating. And All of Government Lot Eleven (11), Section Twenty-Six (26), Township One Hundred Fifteen (115), Range Seventeen (17). Afld That part of the Northeast Quarter of the Northeast Quarter (NE }4 of NE %) of Section Thirty-Five (35), Township One Hundred Fifteen North (115N), Range Seventeen West (17W) lying North of the Chicago, Milvvaukee, St. Paul and Pacific Railroad right-ot-way (now known 'as th,e Sioux Line Railroad) And All that part of the Northeast Quarter of the Northeast Quarter (NE % of NE %) of Section 35, Township 115, Range 17, lying North of the centerline of County State Aid Highway No. 54 and lying South of the Chicago, Milwaul<ee, St. Paul and Pacific Railroad right-of-way. All of which property is subject to: 1. A pipeline easement to Standard oil Company, an Indiana Corporation, recorded in Boo~ 54 of Miscellaneous Records, Page 264. / 2. Northern States Power Company electrical transmission easement, recorded in Book 78 of Miscellaneol:ls Record,s, Page 192. Subject to any and all other easements of record. , I I I I ( ~ ~ ~ o g Properties Notified of Commercial Asphalt & Barton Sand & Gravel SUP applications Legend o Hastings City Limits o City Parcels . Township Parcels N W*E ern' Of HASTIHUS s Site Location Soil Processing Pennit 2004 Status Report In March of 2004 the City of Hastings approved the renewal of a Soil Processing Permit through December 2006 with a condition that an Annual Status Report regarding the operation be submitted. The following information is submitted as the Annual Status Report for our Soil Processing Permit dated June 1988, amended in September 2000, and renewed each year since 1988 to operate a sand and gravel mine in the City of Hastings. The operator, Barton Sand & Gravel Co., is a division of Tiller Corporation. The property is owned by Donald (Butch) Davies and Donald Cysiewski. Location The site is located in part in the City of Hastings and in part in Ravenna Township. The site is north of Ravenna Trail (CSAH 54) near the intersection with County Road 91. Regulatory Update The Dakota County permit, as amended in 2000, requires annual sampling and testing of water contained in the pond created by mining. This pond is contiguous between Ravenna Township and the City of Hastings. The purpose of the testing is to assure the absence of petroleum products in the water. The test results for 2004 are attached and, as in previous years, the analyses indicate that no petroleum products are present in the water. ot>erating Hours The current Permit allows operations ttom 7:00 AM to 5:00 PM Monday through Saturday except holidays. However, situations arise such as public emergencies or accelerated work schedules, which may require an extension of our normal operating hours. There were no requests to extend the normal operating hours during 2004. Traffic Patterns Traffic patterns to and ttom the site primarily involve Ravenna Trail (CSAH 54) and County Highway 91. Traffic moves east and west on Ravenna Trail or north and south on County Road 91. In addition to Ravenna Trail, traffic also uses U.S. Highway 61 for north and south travel through Hastings. Traffic Control Program The safety with which traffic moves to and ttom our site and its impact on the health, safety and welfare of the people of the community is a major consideration to us. Safe trucking operations are dependent on the policies and procedures followed, including Ule condition of the equipment and the attitudes and driving practices of the individual drivers. Our goal is safe and courteous trucking activities to and ttom our site to minimize impact on the people around us. We have employed a traffic control program in the interest of safe trucking operations which includes the following: 1. Access to the site is limited to the two entrances that presently exist. 2. Stop signs are maintained at both exits ttom the site. 3. Signs have been placed by the scale to encourage safe and courteous driving practices in accordance with all traffic rules and regulations. 4. We follow-up directly with drivers or customers who are not driving safely. Estimated Volume The amount of material produced is dependent on market conditions and demand. We estimate production in 2005 will be approximately 200,000 tons. Reclamation Mining will continue in Phase 1. Slopes, as depicted on the Mining and Reclamation Plan, will be established as materials are removed. Once mining has been completed in Phase 1, final grading will take place and vegetation will be established in this area. Security Site access is restricted to authorized persons. Each site entrance has a gate that is locked during non-operating hours. There is also a series of natural barriers, fences and earthen berms that limit access. Trespassing or inmngement by unauthorized persons has not historically been a problem at this site. Status There were no significant changes to the operation during the 2004 mining season. Respectfully submitted: Tiller.~~ ~ Michael Caron Regulatory Compliance Coordinator , ace Ana/yf.ica/@ ~ Field Services Division November 30, 2004 Mr. Mike Caron Barton Sand and Gravel P.O. Box 1480 Maple Grove, MN 55311-6480 RE: Pace Project No. 0410-098 Client Project ID: Barton Sand and Gravel- Hastings Pit 737 Dear Mr. Caron: Pace Analytical Ssrvices, Inc. 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Phone: 612.601.1100 Fax: 612.601.6444 www.pace/abs.com . Enclosed are the analytical results for the sample(s) received by the laboratory on November 1, 2004. Results reported herein conform to the most current NELAC standards, where applicable, unless otherwise narrated in the body of the report. If you have any questions concerning this report please feel free to contact me. Sincerely, b-it-(;J a~~ David J. Anderson Project Manager (612) 607-6377 State of Minnesota Laboratory No. 027-053-137 . ~eAl1a/ytiaa/. . WWw,.~~baiCX1ln SAMPLE SUMMARY Project: 102466 Project ID: 0410-098 Barton Hastings 737 LablD Sample ID Matrix Date Collected Date Received 102466001 OPEN PIT Water 11/01/04 08:28 11/01/0411:25 Pace Analytical Services, Inc. 1700 Elm Stree~ Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 " REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except In full, without the written consent of Pace Analytical Services, Ine. .';;;" Page 2 of 8 Pace Analytical Services, Inc. 1700 Elm Street Suite 200 Minneapolis, MN 55414 Phone: (812)807-1700 Fax: (612)607-6444 SAMPLE ANAL YTE COUNT. Project: 102466 Project ID: 0410-098 Barton Hastings 737 LablD Sample ID Method Analytes Reported 102466001 OPEN PIT TPH DRO Wisconsin TPH GRO/PVOC WI 2 1 / Page 3 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. 'c~~~.'.'....'.... l~ Pace Analytical Services, Inc. 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 ANALYTICAL RESULTS Project: 102466 Project ID: 0410-098 Barton Hastings 737 Solid results are reported on a dry weight basis. LabID: Sample ID: 102466001 OPEN PIT Date Collected: Date Received: 11/01/04 08:28 11/01104 11 :25 Matrix: Water Parameters Results Units Report Limit DF Prepared By Analyzed By CAS No. Qual RegLmt GC Semivolatiles WIDRO GCS Preparation Method: TPH DRO Wisconsin Analytical Method: TPH DRO Wisconsin ND mg/L 0.11 1 11/05/04 17:37 BJM 11/09/04 22:56 JMZ 66 % 50-150 1 11/05/0417:37 BJM 11/09/0422:56 JMZ Diesel Range Organics n- Triacontane (S) GC Volatiles WIGRO GCV Analytical Method: TPH GRO/PVOC WI ND ug/L .100 1 11/12/0421:54 RX1 Gasoline Range Organics Date: 11/16/2004 Page 4 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. Project: 102466 Project ID: 0410-098 Barton Hastings 737 Pace Analytical Services, Inc. 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 ANALYTICAL RESULTS QUALIFIERS PARAMETER QUALIFIERS DF - Dilution Factor, if reported, represents the factor ND - Not Detected at or above adjusted reporting limit. applied to the reported data due to changes in sample preparation, dilution of the sample aliquot, or moisture content. J - Estimated concentration above the adjusted method detection limit and below the adjusted reporting limit. MDL - Adjusted Method Detection Limit. S - Surrogate Date: 11/1612004 Page 5 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. ~/-'! "". ~'~~.' 'II.. .'. t ~ Pace Analytical SelVlces, Inc. 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 QUALITY CONTROL DATA Project: 102466 Project ID: 0410-098 Barton Hastings 737 QC Batch: OEXT/1270 QC Batch Method: TPH DRO Wisconsin Associated Lab Samples: 102466001 Analysis Method: TPH DRO Wisconsin Analysis Description: WIDRO GCS 102676001 102676002 102676003 102676004 METHOD BLANK: 18387 Associated Lab Samples: 102466001 Parameter Units Blank Result Reporting Limit Qualifiers Diesel Range Organics n- Triacontane (S) mg/L % ND 66 0.10 50-150 LABORATORY CONTROL SAMPLE & LCSD: 18388 18389 Spike LCS LCSD LCS LCSD %Rec Max Parameter Units Cone. Result Result % Ree % Ree Limit RPD RPD Qualifiers Diesel Range Organics mg/L 1 0.72 0.79 72 79 75-115 10 201 n- Triacontane (S) % 83 89 50-150 6 Date: 11/1612004 " Page 6 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. d!~. ilDf1lB.01 Pace Analytical Services, Inc. HOD Elm Street, Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 QUALITY CONTROL DATA Project: 102466 Project ID: 0410-098 Barton Hastings 737 QC Batch: GCV/1214 QC Batch Method: TPH GRO/PVOC WI Associated Lab Samples: 102466001 Analysis Method: TPH GRO/PVOC WI Analysis Description: WIGRO GCV Water 102676001 102676003 102676004 METHOD BLANK: 20754 Associated Lab Samples: 102466001 Parameter Units Blank Result Reporting Limit Qualifiers Gasoline Range Organics ug/L ND 100 LABORATORY CONTROL SAMPLE & LCSD: 20755 20756 Spike LCS LCSD LCS LCSD %Rec Max Parameter Units Cone. Result Result % Rec % Rec Limit RPD RPD Qualifiers Gasoline Range Organics uglL 1000 978 954 98 80-120 3 20 SAMPLE DUPLICATE: 21985 102676001 DUP Max Parameter Units Result Result RPD RPD Qualifiers Gasoline Range Organics ug/L ND ND 2 Date: 11/1612004 Page 7 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc.. ." "'Ctoo. ~~~ ff~I'..~\1 Pace Analytical ServIces, Inc. 1700 Elm Street, Suite 200 Minneapolis, MN 55414 Phone: (612)607-1700 Fax: (612)607-6444 QUALITY CONTROL DATA QUALIFIERS Project: 102466 Project ID: 0410-098 Barton Hastings 737 QUALITY CONTROL PARAMETER QUALIFIERS Consistent with EPA guidelines, unrounded data are displayed and have been used to calculate % recovery and RPD values. LCS(D) - Laboratory Control Sample (Duplicate) MS(D) - Matrix Spike (Duplicate) DUP - Sample Duplicate RPD - Relative Percent Difference ND - Not Detected at or above adjusted reporting limit. J - Estimated concentration above the adjusted method MDL - Adjusted Method Detection Limit. detection limit and below the adjusted reporting limit. S - Surrogate QUALITY CONTROL ANAL YTE QUALIFIERS ~ ,. [1] [2] Result for this analyte was below the acceptable LCS recovery limit. Results fOr this analyte in associated samples may be biased low. The sample and duplicate results for this parameter are less than the reporting limit, the RPD can not be calculated. Date: 11/1612004 Page 8 of 8 REPORT OF LABORATORY ANALYSIS This report shall not be reproduced, except in full, without the written consent of Pace Analytical Services, Inc. ~ce AnalyJLq~Lvlces Division Well Sampling Field Data Log Sheet ~ . Monitoring Point Identification ~ p 1+ Labeled }.Jt) Key No. Casing Material o Locked 0 PVC 0 Stainless Steel o Not Locked 0 Steel 0 Other ':;~i~'~~;:!,"~:0'~~:I':,?;~m;R~p!h.;~~~~q.tim~oJf~ftg',gl~X~fJ(),D~"(frqm.t()P.'Of ..w~IIJ~$ir19)".', . c...... Well depth Meters Static water Ie easurement before purging Meters Static water level measure t time of sampling Meters . Static water level elevation urging Meters Purge Method Date Purged Time Purged Volume Purged Pump Rate Pr~ect#:~JO'~ I.Diam. Inches '.< n', ",--. Feet Feet Feet Feet Gallons GPM Water Colum One Casing Volume Elevation Feet Gallons Date Sampled I - I - () L Time Sampled OB2(3 Sampling' Equip. q Ulh Notes: j"';:;;:iField"Rar~mEm~rMaasl1remeHts'bf.,S~rn' .It:{'..... ~-"'" .. ,',_.,.-, .... .. .;" ...... c'....,: .. """ ._' ,,:: ': >: ,_:' '-.. c-.... .,:.,"..:..",.; ,..,:-.. " _,' .. _ : ..... :, .. '. .. .. ",' '," ..'.. ,"',', .... .......' '.' Templ.UL- Oc D.O. - mg/l pH ~ units Eh .-- mV Specific Conductance:~ S-u J.Unhos/cm Other: ( )-. Field Measurements Temperature Corrected: 'f... Sample for Soluable Metals Filtered in the Field: Weather Conditions DMring Sampling: Observations: (.uCYuctl{ O-VrL 1,,30F Sample Description/Characteristics: Name and Affiliation of Sampler(s): e.b\A.... Name and Affiliation of Inspector(s) Present: Yes Yes No No !'JI "l' PaceAna/yticar ... .lc.111Is c.. Required Client Information: Section A co""y _ r~ ..J' C _ " /I "U...A Ov )'-.o..\/D.. ~ ( 1W-. "\J ftr!J Add~ -- J Reauired Client Information: Re~o: . _i IA... "...II" _ I "rt "\I \l.Ar \v r Copy iIL CHAIN-OF-CU5TODY I Analytical Request Document The Chain-of-Custody is a LEGAL DOCUMENT. All relevant fields must be completed accurately. 868392 I Page: I of '-.J i 6 ~ Lf(p(p Section B J Section D Required Client Information: Valid Matrix Codes MAIBIX DRINKING WATER GROUNDWATER SURFACE WATER WASTE WATER PRODUCT SOIL OIL WIPE AIR OTHER CQI2E DW GW SW WW P SL OL WP AR rli1r I;~}I ~ji~ 0: w w::O c 11.0 8 ~~ Xw a: ~~ !;: ~~ ::0 en " C! COlLECTED Q.Z ::oQ wt; I-w w..J ..J..J 11.0 ~o en!;: UJv-j.-I .,..." Profile#: 11-.;. I.. '-- . J.J W'(.tJ \ U trio ,J ~ --,~ ~-:' ~ ~ 8o~ :I!c3", J:Na~ ""enO oen'<:Q) ~]zu..~1D= ::I:I:J::I:ZZ::i:O It! I tJ~' .......... ,/ IIdJ.lf-ln(() 00 I I.>'j' ......... ......... ......> .... ...... . 'N';;" ..........., . iii ........ '. To Be Comeleted bv Pace Analytical and Client Section C QuOle Reference: .v\. _ _ I ^ _ _ _ _ _ 1~'\IiclHV~ Pr~~nager: ~ _.J _ . _ L"'\'~'J~~ ProjEfet"'#: Phone Fax Client Infonnation (Check quote/contrect): Requested Due Date: '"TAT: II J I ,J i'fI ^ . C f4- f AIJL~ J "Turn around time less than 14 days subject to I ( laboratory and contractual obligations and may resun in a Project Name: ~ . I Rush Turnaround Surcharge. 041U - lJ.1 '0 ~ : ; I'Ll ~ j) i ~ 1~ 7 Turn Around Time (TAT) In calendar days. Project Number: . I In~\~,~ P.O. SAM P L E' I D "" :IE w t: One character per box. (A-Z. 0-9/ .-) Sample IDs MUST BE UNIQUE START END DATE TIME DATE TIME () . II/ i /Oq Cfa:z.f, , e.. , \ , :: . " ... . .;., .' ; . ,j 'j.i: I . : . I,. . " . . . " I;; ". . . '.: ',.. ::: '. :: '.., : I: ,'j ;, .' . ,; I,":, I . >, I: I:; . . : . . . .. A .~ ..... ,'c I">' <Ci, . :..::' I'" ......... o DRINKING WATER . --.....I~ o Other ....-............,~~ .Ai'"I"^ l~dtA 112-?b #~L d~{l"" ~~'f l/:~ , '::: I: o NC 0 SC 0 GA o Other SAMPLE CONDITION Temp in oc 5. l Received on Ice @'J Sealed Cooler Y J:j) Samples Intact ~/N Additional Comments: o NPDES 0 GROUND WATER OUST 0 RCRA SAMPLE NOTES ./ ~ f y ORIGINAL ~- S~R! of SAM!'LER: A ~ rDATE si,9nr: MM/?D I YY) ~~{ --C ... ~~/' (), '- .J , , I SEE REVERSE SIDE FOR INSTRUCTIONS Form COCOI Rev. 0304 HASTINGS CITY COUNCIL RESOLUTION NO. 3-17-0g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SPECIAL USE PERMIT TO ALLOW BARTON SAND AND GRAVEL COMPANY TO CONDUCT SOIL PROCESSING AT 2445 COUNTY ROAD 54, HASTINGS, MN Council member and moved its adoption: Hick!": introduced the fOllowing Resolution WHEREAS, Barton Sand and Gravel has initiated consideration of a Special Use Permit to conduct soil processing on property located at 2445 County Road 54, legally described on Exhibit A; and WHEREAS, on February 23, 2004, a Public Hearing on this proposed special use permit was held before the Planning Commission" of the City of Hastings, which hearing was preceded by published notice as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF HASTINGS AS FOLLOWS: That a special use permit to conduct soil processing is hereby approved, subject to the following conditions: 1. The site is to be restored, upon completion of the mining operation, pursuant to the plans provided to the City and dated August 23, 2000. 2. The earthen berms shall be immediately seeded with a native grass mixture after they are constructed. This native grass mixture shall be approved by the DNA. " 3. The remainder of the site above the water table shall also be planted with native vegetation at the end of mining activities on the site. This native grass mixture shall be approved by the DNA. 4. The applicant shall plant native trees in the shore land impact zone that has been affected by historic farming practices (pre-mining) as part of the reclamation of this site. 5. The applicant shall retain and protect all the existing trees in the wetland and shore land impact zone. 6. The applicant shall not encroach upon any identified wetlands as identified on the "Wetland Classification Identification and Delineation Reporf conducted by Svoboda Ecological Resources dated 9/20/01. The wetlands shall be marked with stakes in the field, prior to excavation near those areas. The stakes in the field shall be reviewed annually for visibility after excavation occurs in these areas. 7. The applicant shall stay at least 75 ft back landward from the ordinary high water level of the Vermillion River (Shore land Impact zone). The shore land impact zone shall be marked with stakes in the field, as identified on the 8/23/00 site plan, prior to excavation near those areas. The stakes in the field shall be reviewed annually for visibility after excavation occurs in these areas. 8. Any abandoned on-site wells shall be abandoned according to Dakota County Ordinance No. 114. 9. Salvage and waste materials located near the abandoned farm house in phase 1 shall be removed before mining can occur in this area. 10. Tiller Corporation shall notify the City Planning Department if any excavation of previously undisturbed areas reveals the presence of historic artifacts. 11. Operating hours are not to be in excess of 7:00 am to 5:00 pm Monday through Saturday except holidays. In addition, Tiller Corporation shall refrain from at all times using CSAH 54 and HWY 91 for hauling purposes between the hours of 5:00 pm and 7:00 am. In cases of emergency, Tiller Corporation may operate during hours other than those noted upon approval by the City Administrator or the Public Works Director. This special use permit can be revoked if the applicant is discovered working beyond these hours and does not have authorization to do so. 12. Tiller Corporation Company shall refrain from using West 10th Street between Trunk Highway 61 and Trunk Highway 55 for hauling purposes. 13. All accesses to this property shall be gated or chained to prevent unauthorized access to the site. Dakota County shall approve any new accesses. ," 14. Tiller Corporation shall continue in full force and effect an irrevocable bond or other form of security acceptable to the City in the amount of $75,000.00 for the estimated cost of restoring the site covered by the soil pursuant to City Code. 15. Tiller Corporation shall provide to the City a Liability insurance policy or certificate of insurance from an insurance company authorized to write casualty insurance in the State of Minnesota as will protect the applicant, its agents and the city from claims for bodily injury, death or property damage which may arise from operations under the soil processing permit. The amounts of the insurance shall not be less than that which is required by the City Code. 16.Vegetative Cover as required by the City of Hastings Storm Wa.ter Management Ordinance shall be restored on the steeply sloped portions of the site, identified on the mining plans. Appropriate erosion control measures as determined by the Public Works Director shall be undertaken to ensure establishment of vegetative cover on steeply sloped portions of the site where mining is complete according to the approved plan. 17. Reclamation of each mining phase shall begin as part of the condition of moving on to the next mining phase. 18. The applicant shall operate the facility with.due regards to the rights of the easement holders on the property. Mining operations shall not conflict with pipelines and power lines as established within easements on the property. 19.As applicable, the applicant shall be responsible for obtaining any water appropriations or dewatering permits required from the State DNA. 20. The applicant shall follow the State's DNR well dispute resolution system set up to handle well interference problems. The applicant shall correct interference with existing wells by modification of pumping operations, replacing wells, or lowering impacted wells. 21. The City of Hastings shall be informed of the results of the most recent inspection of the mining operation by the Mine Safety and Health Association. 22. The applicant shall'notify well owners within a one mile radius of the gravel pit the following item: Contact name, address and phone number. 23. The mining operation and plan shall be in compliance with the City's Floodplain Ordinance. 24. The permit shall be valid until December 31 st, 2006. 25. That the applicant provides the City Council with an annual report each January to provide an update on the activities and operations of the site. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member Riveness moved a second to this resolution and upon being put to a vote adopted by all present. Ayes: ~ CounciJ.nerDers Bazlet, Bicks,'~ratzka Riveness, Schultz, Yandrasits Nays: 0 and Mayor Werner Absent: 0 ~ ATTEST: . ~ Melanie Mesko Lee Administrative Assistant/City Clerk Michael D. Werner, Mayor 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 15th day of March, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. . UWOJJL11Aoi{jj~ Melanie Mesko Lee Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 / Fip(e 1 A-H-acllfhefl/- A- Cr:.r./ COCAI'1cI7 ee~ftV\ Hastings All of Government Lot Ten (10) and All that part of Lot Nine (9) lying South of the Vermillion Slough and River in Section Twenty Six (26); all that part of the Northw,est quarter of the Northeast quarter (NW ~ of NE ~) lying North of the Hastings and Ravenna Road (so called) of Section Thirty-Five (35), all in Township One Hundred Fifteen (115), Range Seventeen (17), excepting and reserving from the above lands any part thereof heretofore deeded for railway purposes, all according to the Government Survey thereof. Also excepting from the above ~described land that part of the NW ~ of the NE ~ of 'Section 35, Township 115, Range 17, lying Northerly of County Road Number 54 and southeasterly, southwesterly and northwe$terly of the following described line: Commencing at the Northwest corner of said NW ~ of NE ~ ; thence South 00 01 '23" East (assumed bearing) along the West line of said NW }4, of NE ~ for a distance of 700 feet to the North line of County Highway Number 54; thence South 790 10' 30" East along said North line for a distance of 67.19 feet to the point of beginning; thence North 00 01,"23" West for a distance of 132.56 feet; thence South 79013'30" East ,for a distance of 740.22 feet; thence South 140 03' West for a distance of 131.05 feet to the said North line of Highway Number 54 and there terminating. And All of Government Lot Eleven (11), Section Twenty-Six (26), Township One Hundred Fifteen (115), Range Seventeen (17). AlJd That part of the Northeast Quarter of the Northeast Quarter (NE ~ of NE ~) of Section Thirty-Five (35), Township One Hundred Fifteen North (115N), Range Seventeen West (17W) lying North of the Chicago, Milvyaukee, St. Paul and Pacific Railroad right~of-way (now known as the Sioux Line Railroad) And All that part of the Northeast Quarter of the Northeast Quarter (NE ~ of NE ~) of Section 35, Township 115, Range 17, lying North of the centerline of County State Aid Highway No. 54 and lying South of the Chicago, Milwaukee, St. Paul and Pa,cific Railroad right-of-way. All of which property is subject to: 1. A pipeline easement to Standard oil Company, an Indiana Corporation, recorded in Book 54 of Miscellaneous Records, Page 264. 2. Northern States Power Company "electrical transmission easement, recorded in Book 78 of Misc'ellaneous Records, Page 192. Subject to any and all other easements of record. -" I I I I I ( i !i'I VI-10 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: 4/12/05 To: Honorable Mayor and City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Fund Transfer Background Information: In late fall of 2004, a request was made to the City Council to approve utilizing Park dedication for repairs to the hillside slide at Roadside Park. Unfortunately, due to the cold weather, the company who was retained to repair the hillside slide suggested we would have better results if we would wait until spring. The Parks and Recreation Department is requesting council to authorize the use of $6,000 from Ward 2 park dedication fees to be placed into 401-401-4126-6590 and the repair of the hillside slide resilient surfacing. The Parks and Recreation Committee of Council and NRRC approved this project last fall. Council Action Requested: 1. To approve the proposed fund balance adjustment and project 2. Not to approve the proposed fund balance and project 3. Send back to committee for further discussion REF: City Council/memo hillside slide repair 2005 VI-11 Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6175 Fax 651-437-5396 www.cLhastings.mn.us Date: 4/12/05 To: Honorable Mayor and City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Fund Transfer Background Information: Upon inspection of Roadside Tennis Courts, the tennis courts have several large cracks in the court surface and have made the court on the furthest east end unplayable. I have secured prices to temporarily fix the cracks of $2500 and am seeking approval from the City Council to utilize Park Dedication fees to proceed with the repair. This issue was discussed at the NRRC meeting. Council Action Requested: 1. To approve the proposed fund balance adjustment and project 2. Not to approve the proposed fund balance and project 3. Send back to committee for further discussion REF: City CounciVmemo tennis court repair 2005 " VI-12 I MEMORANDUM I To: From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Assistant City Administrator April 13, 2005 Application for Gambling Permit-Stelutec Foundation Recommended City Council Action: Approve the attached resolution, approving a raffle permit for the Stelutec Foundation on July 3, 2005. Backaround: If Council should approve this application, the attached resolutions will be sent to the Minnesota Lawful Gambling Board, showing the City's approval. Should you have any concerns or questions, please do not hesitate to contact me. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 04- -05 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: APRIL 18, 2005 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 18th of April, 2005 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 04- -05, approving ap~lication by The Stelutec Foundation to conduct a raffle on July 3, 2005 at 1468 West 14t Street. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION NO. 04- -05 RESOLUTION APPROVING THE APPLICATION BY THE STELUTEC FOUNDATION TO CONDUCT A RAFFLE WHEREAS, The Stelutec Foundation has presented an application to the City of Hastings to conduct a raffle on July 3, 2005 at the 1468 West 14th Street in Hastings; and WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to approve the request; and WHEREAS, the application for an Exempt Permit Gambling license has been presented; and WHEREAS, the Stelutec Foundation has paid the required fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, afterfull discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted on the 18th day of April 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk (SEAL) VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: April 18, 2005 2nd Reading\Adoption . Ordinance Amendment #2005.18 - DC - Downtown Core Zoning Uses Subject: REQUEST , The City Council is asked to adopt the attached amendment to Chapter 1 0.20B of the City Code regarding residential use of the first floor in the DC - Downtown Core District. The following changes are proposed: 1) Allow full residential use of the first floor in certain areas of downtown upon special use permit approval. Buildings fronting 2nd Street between Vermillion and the CP Rail Tracks would be prohibited from allowing residential use on the first floor. The changes are consistent with the Design Guidelines for Original Hastings which outlines suggested building uses per floor. HISTORY The City Council held a public hearing to consider amendments to the DC District at the April 4, 2005 meeting. The City Council adopted a modified version of the amendment approving the building height language, but directing the Planning Committee of the City Council to examine the proposed changes to first floor residential uses. The City Council considered 1 st reading of the amendment at the March 21, 2005 Meeting. PLANNING COMMITTEE OF THE CITY COUNCIL The Planning Committee of the City Council met on April 12, 2005 to review the proposed change. The Committee directed staff to reformat the amendment to include specific streets instead of only the reference to the Design Guidelines for Original Hastings. RECOMMENDATION The Planning Commission voted 6-0 to recommend approval of the changes at the March 14,2005 meeting. No one from the public spoke for or against the item during the public hearing. ATTACHMENTS · Ordinance Amendment · Design Guidelines for Original Hastings - Figure 2- Street Types · Design Guidelines for Original Hastings - Figure 4 - Frontage Types . ORDINANCE REVIEW Residential Use of First Floor Currently, residential use of the 1st floor in the DC zoning district 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 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, (please see attached figures) 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 follows: Street Type location Building Functions (Uses) Main Street 2" Street (Vermillion to Bailey) Downtown Remainder of Downtown - Generally North of 4th Street between Edd & Baile Downtown Alleys - Generally North of 4th Street between Edd & Baile Below Ground = Parking, Work, Ground level = Retail U er Levels = Live, Work, Retail Below Ground = Parking, Work Ground level = Live, Work Retail U er Levels = Live Work Retail Below Ground = Parking, Work Ground level = Retail, Work U er Levels = Live, Work Downtown Alley Proposed Changes to The Design Guidelines for Original Hastings The Planning Commission also recommended the following changes be made to The Design Guidelines for Original Hastings: 1) First Street, between Vermillion Street and Bailey Street should be identified as a "Downtown" Street on Figure 2 - Street Types. The street is not currently identified on Figure 2. 2) Residential use (live) shall be added as an allowable use under "Ground Level Uses" for "Downtown Alley" on Figure 4 - Frontage Key. The change would allow for residential garage use. / ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 10, SECTION 10.20B OF THE HASTINGS CITY CODE PERTAINING TO: DC - DOWNTOWN .CORE ZONING DISTRICT REQUIREMENTS BE IT ORDAINED by the City Council of the City of Hastings as follows: Chapter 10 of the Hastings City code is amended as follows: SECTION 10.208. DC DOWNTOWN CORE DISTRICT SUBD. 1. Intent. The intent of the Downtown Core District is to create a vibrant mixed -use core with an aesthetic character that is distinctly different than other areas of the community and mix of uses arranged in a manner that encourages pedestrian movement and accessibility. The Downtown Core District focuses on the vertical integration of uses requiring certain uses to integrate residential housing above street level businesses. These high density residential developments have historically contributed too the life-cycle housing mix available in and around the downtown. Maintaining historical residential housing densities is also a contributor to downtown commerce and street level activity. The preservation and Qrowth of connected first floor commercial activity is essential in maintaininQ the viabilitv of downtown. First floor residential units interspersed within areas of predominant commercial activity will diminish the cohesiveness and viability of downtown. Maintaining the historic distribution of business and density of housing is essential to protect municipal and private investment. Planning efforts to secure a transit center in the downtown will further the objectives maintaining and enhancing a pedestrian scale core. Careful design of buildings, public, and private spaces is also a primary focus in the Downtown Core District which shall be guided by the Original Hastings Design Guidelines as adopted by the City Council. The guidelines establish design criteria for building fronts that are bases on street types. SUBD. 2. Uses Permitted. A. Commercial retail and service establishments that have floor areas of less than 15,000 square feet on any single level including, but not limited to, the following: 1. Retail and service establishments excluding automobile repair. 2. Offices. 3. Entertainment and amusement services. 4. Lodging services including hotel and motel. B. Public and semi-public buildings. C. Private Clubs. D. Residential dwellings provided they are located above the first floor level. E. Automobile parking lots subject to following conditions: 1. Parking lots shall not have frontage or driveway access points on streets with an east/west orientation, if an alternate access to the property is available. 2. Parking lots may front on street with a north\south orientation when a landscape buffer is provided along the perimeter of the parking areas in accordance with Sect. 10.09. 3. Every attempt shall be made to locate parking lots internally within a block to allow building to front on street corridors. 4. Existing alleys should be utilized whenever practical to facilitate orderly access and use of land. F. Churches G. Accessory uses incidental to the foregoing principal uses. SUBD. 3. Uses by Special Permit. A. Outdoor patio areas for entertainment, dining, and recreational activities; B. Small animal clinics, excluding establishments with outside runs and non-patient overnight boarding; C. Towers as regulated by Section 10.05 Subd. 12 of this chapter. D. Residential dwellings on the first floor level of buildinQs frontinQ the followinq streets: 1. 1st Street between Vermillion Street and the CP Railroad Tracks. 2. 3rd Street between EddY Street and the CP Railroad Tracks. 3. 4th Street between Eddv Street and the CP Railroad Tracks. 4. Sibley Street between 3rd Street and 4th Street. 5. Ramsey Street between 1 st Street and 4th Street. 6. Tyler Street between 1st Street and 4th Street. 7. Bailey Street between 1st Street and 4th Street. provided tho d\Nelling is accossory to a commercial uso, loss than 50% of the first leyol floor aroa and is located in tho rear of tho building with a soparato outside entranco. SUBD. 4. Uses Prohibited A. First Floor residential dwellinqs frontinq the followinq streets shall be prohibited: /' 1. 2nd Street between Vermillion Street and Bailey Street. SUBD. 4 SUBD. 5. Bulk Standards A. Minimum Lot Width B. Minimum Lot Depth C. Maximum Building Height 22 feet 80 feet 47 feet or 756.5 feet above sea level; whichever is greater. Maximum of 4 stories in height. 14 dwelling units per acre D. Minimum Residential Density E. Minimum Floor Area Ratio for Non-Residential uses (vertically mixed buildings) 1.5 sueD. 5. SUBD. 6. 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. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED ADOPTED by the Hastings City Council on this 18th day of April 2005. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk '" ..,.., "~'_"'" _..- ..- -.. .- -.-.------. ---~-:-:;-.----:--.. .- - - '~'~'l ~" .;1 .-. .. ~- .~ . ""'...'" ~; ....F. ,. ..;.. " ..,.. '_i t." . I'p I'~ i . . "IS "'~\1. ,~." ....:'. ;t'- .' . . . .~ I .~':t "IS ,~mI~j" "IS '-'W~<;' .'. .~..:.:::::..:;;.:,;:.i':;, I J: ;'7_~~:}:':.'~fl~~g&:,;t~:;.;';'.,i:~,'I~\ ~;;t~ ~~~~:;~0";j;?:1i'~;~ ::f~'~~?'t~?~~'~~_ ,..;"- ~7 '. :r.... .... 2 .. :Ii. .. :;. '" - ..- ..= ,: "" ;; v: ;: :;. ;: .... " sa M """". Figure 2 - Sttttt Types " Design Guidelines '1. improving 00 the Original A Plan for uie Heart of Hastings DG .7 E:. Design Guidelines FRONTAGE KEY for BUILDINGS The Heart of Hastinas. Minnesota TIle frontage Ie tbelnllrface between the sIrIet and Ihe building. n......iI..~..__.. , -..(pocIItpIoll.........."'......... : n.a,,................quoIIJoI--.br . ......_oI_.......,..g_I.,~' _":-"".:::=:.:== :i' .. ..,_~. .........r,....__I'." ..........,.._r,........ Uot,,_,. ..lIOIIIIIIIIg_~..._~...TIiI' ',., , _11-._01.....\lIIOI10 .::. __01....,. r._IIII_...,_I'..... JIIIIIIIIr=::'-=:=-~ "i ~. .' ~~f".. ' ,~. .....A ~:~h~ONT~G :1 i STREET TYPES -PUU:-'1RIMB:f. i FRONTAGE TYPES Plan -I'UU: TO_All!. F1 mII!EfIQIt. _:., n,._.. F3 _v F4 .Jjg![I.r~_~ FS .!'Of!Q!.'"",, F6* ~~ F7 ! ._-~....~ F8* IIU.EY F9* .....--.. F10 ~J!'l:=j roo, ,'" -'1-'-, ,- 1*"'1 i 22''' : 22''' ;. 17.. 22'.. -.: . I "r ..--i".-"-'-:- - , ! i : i I !.......... i ...... '..... ....;'...... :.....:ihe_i!.. .. j -I- . --!...- ."---... .~ :r----...---.------J .j -- :\..., ..."'" '..."'" .."",. - "'" :...""';: """ -; -r--~--r-ir-~ 1 ' .... :... :.... P..... ,.... J ~-~i~.~ ~_~ ~ !~..1;..~_i!_~ ~J -......~ ...-..-....--1-.... -..--........-.......---.1- -"'-...-..---......--.. -...--......--- F(o/\ +-q.~ .t. _ ....- j'iPeS DG · 11 VIII-B-2 Site Plan - South Oaks 2nd & 3rd Addition City Council Memo - April 18, 2005 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: April 18, 2005 Subject: Resolution - Greg J. Homes - Site Plan Review #2005-22 - South Oaks of Hastings 2nd & 3rd Additions - Century Drive, 31st St W, Olson Drive, and South Oaks Drive. REQUEST Greg J. Homes is seeking Site Plan Approval for the following town home units as part of the following plats: SOUTH OAKS OF HASTINGS 2ND ADDITION: Lots 1-7 & 12-14, Block 4 Lots 1-20, Block 5 SOUTH OAKS OF HASTINGS 3RD ADDITION: Lots 1-6 Block 1 Lots 1-5, Block 2 Lots 1-16, Block 3 SOUTH OAKS OF HASTINGS 2ND ADDITION was recorded with Dakota County on August 26, 2004. The City Council authorized Final Plat approval of SOUTH OAKS OF HASTINGS 3RD ADDITION on February 22,2005, subject to site plan approval for all buildings containing three or more units. There are two twinhome buildings proposed for Lots 8-11, Block 4 of SOUTH OAKS OF HASTINGS 2ND ADDITION. These units are not subject to site plan review and are not a part of this approval process. RECOMMENDATION The Planning Commission reviewed this item at their April 11 , 2004 meeting. John Klinger, 3390 Olson Drive, expressed disappointment that the City would permit town homes across Site Plan - South Oaks 2nd & 3rd Addition City Council Memo - April 18, 2005 Page 2 the street from single family residences. The Planning Commission unanimously recommended approval of the site plan, with the applicant agreeing to provide some differentiation of the units on the rear as well as some additional landscaping on the east side of Olson Drive near South Oaks Drive to buffer the view of the units to the single family homes across the street. Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). The General Development Plan density of 7.3 units per acre is consistent with the plan. Zoning Classification The Plan is consistent with the Zoning Ordinance. The property is zoned R-3 - Medium High Density Residence PRO. Adjacent Zoning and land Use The following land uses abut the property: Direction North East South West Existina Use Open\Future SF Open Single Family Homes Single Family Homes Zonina R-3 Med High Res R-3 Med High Res R-3- Med\High Res. R-3- Med\High Res. Comp Plan U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) U-II (4-8 units) Existing Condition The existing site is relatively flat and treeless. Streets and utilities were constructed as a public improvement project in 2003. Proposed Condition The proposed town homes are in a perimeter abutting the following streets: Century Drive, South Oaks Drive, Olson Drive, and 315t Street. SITE PLAN REVIEW Proposed Building Setbacks Proposed building setbacks are acceptable. Units fronting on 31 5t Street and Century Drive have a front yard setback of 35' to allow for a driveway turnaround as these streets are classified as collector streets. Each unit is located on it's own lot, with an association Site Plan - South Oaks 2nd & 3rd Addition City Council Memo - April 18, 2005 Page 3 governing maintenance of the units. Parking Parking is acceptable. All units have a two stall garage, plus a driveway capable of parking two additional vehicles. There are 10 units facing Olson Drive with wider spaces between units, which allows for additional on-street parking. Units facing South Oaks Drive are generally setback further which will allow for additional parking within the driveway. This also applies to the units facing 31st Street and Century Drive, where the units are setback 35'. Landscaping A landscape plan for these areas has been reviewed by the City Forester. He had the following comments: Lot 3, Block 4, 2nd Addition lacks a front yard tree, which will need to be added. The City Forester also noted that the Developer must be in accordance with the revised Tree Preservation Plan dated 08/19/03. Due to the large number of trees removed as a part of the SOUTH OAKS OF HASTINGS 2ND ADDITION development, the Developer is obligated to replant a specific number of trees. These trees are permitted to be planted within the entire subdivision, and the City Forester will continue to monitor landscaping plans to ensure compliance with the previously approved plan. Per the Planning Commission's recommendation, the applicant has agreed to additional landscaping along the east side of Olson Drive. The applicant will make this information available prior to the Council meeting. 1) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 2) All landscaped areas must be irrigated. Fencing and Walls No fencing or walls are included. Architectural Elevations & Floorplan "Augusta - 3-6 Units" Each building would house 3-6 side by side units. Each unit would have two bedrooms with a loft and contain about 1500 s.f. The buildings incorporate a two story elevation above the garage with a single story area in between so as to not have one long roofline. The units do use a variety of treatments and design for the area above the garage to provide variety to the buildings. Vinyl siding would be used on all buildings, and there appears to be brick on the lower portion of the side walls of the garages. Site Plan - South Oaks 2nd & 3rd Addition City Council Memo - April 18, 2005 Page 4 . According to the applicant, there are three primary colors that will be used for these units- Sterling Gray, Herringbone, and Savannah Wicker. Copies of the color options are included in the Commissioner's packets. The varied roofline helps to break up the building mass, however the buildings would be positioned at similar angles with the garage being the most prominent feature of the unit. The applicant has submitted a revision for the rear of the units to provide some variation to the appearance ofthe units. A secondary accent color in 3" vinyl siding will be placed in the peaks, with an 8' trim board between the accent and primary color, which is in the 4" vinyl siding. Grading, Drainage, Erosion Control, and Utility Plan The Grading, Drainage, Erosion Control, and Utility Plans were all reviewed and approved as part of the Preliminary Plat of SOUTH OAKS OF HASTI NGS 2ND ADDITION and were constructed in 2003. Intended Ownership Status The Applicant will be marketing these units as for sale units. Comments from Neighbors Matt Schuster, 3500 Olson Drive, came to City Hall to discuss the proposed site plans with Staff. His concerns were as follows: 1) Buildings with an excess of 4 units seen as too large for the area. For instance, Mr. Schuster questioned why the building at the Northeast corner of South Oaks Drive and Olson Drive could be two 3-unit buildings rather than one 6 unit building, to help break up the mass. 2) That several pine trees be added towards the rear of Lot 16, Block 3, South Oaks of Hastings 3rd Addition to buffer the views along the rear of the townhomes. 3) That the side and rear elevations of the units have some differentiation in the peaks on those sides to help break up the mass of the building. This could be accomplished thru the use of currently proposed materials similar to what is being done on the front of the buildings. ATTACHMENTS · Location Map . South Oaks 2nd and 3rd Final Plat · Landscape Plan . Building Elevations . Application ,. HASTINGS CITY COUNCIL RESOLUTION NO. 04- -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF GREG J. HOMES TO CONSTRUCT TOWN HOMES AT SOUTH OAKS OF HASTINGS 2ND AND 3RD ADDITIONS, HASTINGS, MN Council member adoption:. introduced the following Resolution and moved its WHEREAS, Greg J. Homes has petitioned for approval to construct 57 townhomes on property legally described as follows: SOUTH OAKS OF HASTINGS 2ND ADDITION: Lots 1-7 & 12-14, Block 4 Lots 1-20, Block 5 SOUTH OAKS OF HASTINGS 3RD ADDITION: Lots 1-6 Block 1 Lots 1-5, Block 2 Lots 1-16, Block 3 All in Dakota County, Minnesota; and WHEREAS, on April 11, 2005, a review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the site plan request of Greg J. Homes as presented to the City Council subject to the following conditions: " 1) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 2) An escrow account must be established for all uncompleted site items (including landscaping) prior to certificate of occupancy. 3) All landscaped areas must be irrigated. 4) Incorporation of differing materials, colors or textures and\or increased landscaping to distinguish the buildings. The plan for exterior building elevations is on file with the Staff Report dated April 18, 2005. 5) That a plan for landscaping along the east side of Olson Street be submitted to City Staff. 6) Final Plat for SOUTH OAKS OF HASTINGS 3RD ADDITION and all related Homeowner's Association documents must be recorded prior to release of building permits for lots within that plat. 7) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Council member moved a second to this resolution and upon being put to a vote adopted by all present. Adopted this 18th day of April, 2005. 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 _ day of , 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 ;' SITE MAP PROPERTY ID NUMBER: 19-71026-160-06 2004 ESTIMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2oo5): PROPERTY ADDRESS: 707 31ST ST HASTINGS MN 55033 21,500 200 LOT SIZE (EXCLUDES ROAD EASEMENTS) 14,346 SQ FT 0.33 ACRES NO DATA AVAILABLE FEE OWNER: GREGORY A JABLONSKE 1465 RIVER SHORE DR HASTINGS MN 55033-8546 LAND: BUILDING: TOTAL: SCHOOL DISTRICT: 21,500 LOCATION: NW1/4 NE1/4 SECTION 04-114-17 PAYABLE 2004 TAXES NET TAX: N/A SPECIAL ASSESSMENTS: N/A TOTAL TAX & SA: NIA PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMilliON RIVER PAYABLE 2005 ASMNT USAGE:RESIDENTlAl LAST QUALIFIED SALE: DATE: AMOUNT: tUH I \ ./j...~ d " ...... ..... .... .... .\ l ~ .. ....... ..-'--' -----~~-_..\. <:> , .6.-J r s -+ L 4- J r 4-l [!] 1 I ~ H 11$ DDoUCJOCJCJO; i NOTE: Dimensions rounded to nearest foot. '" PLAT NAME: SOUTH OAKS OF HASTINGS 2ND ADDITION TAX DESCRIPTION: 16 6 N t Copyright 2005, Dakota County- This drawing is neither a lagally recorded map nor a survey and is not intended to be used as one, This drawing is a compilation of records, information and dlltalocaled in various city, county, and stale offices and other sources, affecting the IIrea shown, and is to be used for reference purposes only, Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Dapartmenl Map Dale: April 7, 2005 Parcels Updated: 2/2412005 Aerial Photography. 2004 ~ \ " SIREEI :) '\ S I > 0::: o 0::: :::) I- Z W o OF HASTINGS ADDITION SOUTH OAKS 2ND [t:t] PLAN 100' SITE 1 " / ~......\...: t4~~ ~~. - ~~'~d':'':: - ~, .... 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't,/J. h !J7, I '--i!i -~I ~ ;---~::r4 " l1~;: I W \ II---- :~~~~li..jtJ.!, ::'C~~~_:.- ~~~~J;.)-' 'ffiJ~ '-~t~- -ii-, ~;15~" 1!m1 I, U _.l-UI \ \ ~~,,'Jr:j '~:.'-;"_~~ ~----~~~.~__-~~J/Jj.-, rtp-z;s ~~'.R;:~t~~O \~ ,. ---"',""--.71' -::::<:.--~-~y- ~----.._~.", (IJ.~71~~~~~~~~;~c.:_._---J-_"-:Y~~p~\ \ \ j '" ,........ -, ~.... -- ---- --"-~ ",,-"0:/ I!; ---""""'- ~~~\'- -... + - - '.s..-9 ~~..:;::..:----\ \ \ '\ ........ ~~~ -........".. .,-. -~.. ---P. J+OO~~ -I-~~-__ \ l ,,' ,........_ ...... ''=._----.... '-- --__.. -.. . , -...;;: n-.-.:- 'f'.'~ ~, _ r-"'""""-"""'tr'ItIJ'".___ _ ---,. \ \ .; f1R08E ~~=':.~'SUR\t:YORS,~=:::"':':::~;':-::-:: _: .........""""""''''''-''..... --,"'" ;::::.J::. As Built Grading Plan eNGINEERING '":".. ~ n.. : 8JO ~2...J~~~~~~t: 102 ~ COMPRNY. INC. IF -. i H........ ... 55033 ",,::.- .. Sou th Oaks of Hastings 2nd Add. L-- 1000 EAST 146th STREET. BURNSVILLf. ~SOT" 55337 PH (952)432 3000 0A1I--JIEG, IIO.JI!11 1 IIIJUD Hosting. "'mesota ~ 50 0 ~.. .- 50 '00 j" 5c:Gc 1 . 511' LE GEND --,,--....... DENOTES PIKI'OSEO'MDU CONT'OUR --tII'-........ DENOTES PACFOSED INTPWEDIA,1E ex'''OUR ~- 0Dt01ES [XlStlNG INDEX CONTOUR _ .......-- - =~ [JaSlINC IMTERUEOIA1E ______ DENOTES PR<J>OSEO SftIN SE'IIER - - DENOtES EXlSTWC STORIt 501[R ------ 0EM01(S PR<J"05[O Sl.f FENCE - . . - - - DENOTES PRQPOSEO ,,"ASE UN[ - . - . - OE:HOfES.......... .AfER L[\iO. ~ DE/IIOfES EXlSfIfC no: LINE %0 DENOTES EWERGtNCY O~LO. ~ ~~Lo.:Sf AlLOWAEILE. fl~ ILlUSTRA nON KEY ,..---- t-'[d' ~ I V~.:.-..... r..or...- - -T rr-....~ 1.01_ 12 ~_ ae:~. ~ ~ ~~s[1UOI ~ eMU<<~. . .Jit----_'rn .... -.or,,,... [ * RECORD DRA\\1NG *1 DATE 11 / I I / / / / / I / / /Q I/!] I <: I / I I I CJ ~ /~I I I: I I I I I I I ~- 0"" 16 6 Symbol Q PA Q GL Q ABM Tree Tobie Common Nome Patmore Ash Greenspire Linden Autumn Blaze Maple Size 1-1/2" 1-1/2" 1-1/2" Boulevard trees spaced 50' aport per code Keep trees 30' from intersections per code " " " " " " " " " SOUTH OAKS OF HASTINGS 2ND ADOI TION LANDSCAPE TREE PLAN SCALE: 1" = 110' Shrub Tobie Symbol Common Nome Q 88 Burning Bush ", Q LE Large Evergreen (ie, Bird's Nest Spruce) Q SE Small Evergreen (ie, Prince of Wales) .. 0 DG Darts Gold Ninebark 0 WG Weigela .. 0 SP Spirea " '-" --- .. '. . ..- " Sf. " / '. ". / 0 Sf. ~/ , 0 ~---- / --- '--- .. 0 I- 0 .. '7i o Sf. 0 Qu; CONCRETE PATIO 0 \:) " " " Q .., I " Sf. 10' X 10' LANDSCAPE J u; Q aa 0 ROCK 1 .... 0 " 0 0"4 .. . ~ANOSCAPE J ROCK , TYPI CAL UNIT ,. " COVERED PORCH 12' x 6' .\n& WG 0 Q C Q .. 3'-0" ..: ~ Sf. :( ~ ~ Q C 0 0 0 ..: " '.. Vi LANDSCAPE w LANOSCAPE t- ROCK--........... w __ROCK I--. cr: --- (J z 0 Sf. (J DG Q 0 0 0 " ", " u; Sf. 0 0 0 0 / f/ ---....----_ / ......--.... GRASS ASPHAL T DRIVEWAY FRONT YARO TREE . PER LANDSCAPE PLAN .' t>g'<'::::7 1..9}I..C::::y A(gp PO ,/~f)g, IloIO::::\? ' o'""'o::::Q8El Ho Ai" oc:, 9 loogS::::D8El ' 06' Iio 0<'::::7 l<. '<'[;9::::8 ,,9l, [;[;0<'00" \7 69 '[;2 ;:; .,; <0 U1 C) Z r- (f) <( I LL o U1 ::::( <( o I r- :=J o U1 g oJ '" C\1 l': t"J '" '" C\1 '" C\1 0 q 0 0 '" oJ '" '" '" <0 .... 0 ..,: ~ ..,: ... <0 <0 ~ gl'~OI "i/ 133dlS 09'~O ~ n C\1 z ~ ..... C\1 <( ..... --.J D- ~LO r--- <0 W '" oJ II '" f- - :: to '" <0 (j) 0 N ~ oJ oJ ..-- '" '" ..... ..... ..... ~ ori ... , 14.29 J 1\ 130,37 / & 0 N 0 S 7 0 \ // II;::: HI/Ii v.;/~~ ~~~~- WA'C7/~ y f~ ?f1-;:diS, Il;---~w,C!:.'f-: ~ .jftI~Ui~":~_~' ,/ //1 'I ~,- ~ ;; q f;---E.1 0t8 'l1-,J'--,,"I--- "'~. ~. "j"L~ fit . / } f..... -I'- -.1 1/ '''P!''~ I . -li7; P1~ <.~ ~-IP1: k1f:;_/;:.... ~ ~/ i /L.... I 'i^!IJ/\',' {:;: . /),11 u.~ ;::P;; ~.I' ~~~::. ~/___~'W,~~.-:'h w,~ ~J:.~--\:. ~H:t I / /r- 1/ l WVJ I I .~ '1 7 --f-J 81. ~r- .'(:~ ,.. ." w,,,,: ;-_ \..-- .~~. 1 / } I 1-1 l ~ /\.r, i--ip:; I . I' ~'i ',.J~' "T1f., \\ , I' . T .. -- -'fr: : II I ",! 71 "2'-' "ii" s' ~ lit' /').,'-3 r- ~ w,~ 1\..... ...~,.. 'A" I {/1. _ A/ "f I" .i.J4 ~,~ ~ I~:~ * I 1 2 "3 '4" '5 lJ H -~ .. '...,~ .... !I r- "j '.u ~ J .' '/.1 $.~~!'u ,," r..:h;:~ -'::--1' f---- "'.J: .. I l.1l.r1:,'n.~, .. - ~ =-- UJ, 'Ii ____ ...L.. , it .. _"::::::::- ''''I:. I ".f:.". ~ I ~ ~ I '.'.1. ~ -~ -- _ ~ p. I. i, (- ' ", R VE ,~..- T 1:tB1r:-..t. ~ r fl1 I r'I;':tI ,:f-. - II 1/ .. ."... .. . ......... . ~::'''~T I ~., ~ ' 11 .J:'" I "'-"'.. I '.. PI ., II ~ ~ ~ril : I I~ "1?J,1J '1~ I' iJo tio I~ J~. }II \ ~'~~ ~ I~ ~. ~ -r~-~~ ~ L L "I ~. ~ \ i I \' . ~, ....,'~" l"Od '1& _~ ~sE 4 t: SE I ~ , ~'r~ ~ I I \111 ; \ I \1 \ ~:>L:I: j' ~' ~' ~21 l-L,' ~ \, I\" \,:) -- II 1 I lb-~ \ \1" ~~. L....... -.:I- -z:: \ "'2 ~ ""'\J L 820:.. 1 Z 1 ILl .k1/ ~t. · : _"\: <." ~("" r.;"- I -'.L-..L.....-. r, ~ LI:.:::.:::..--- "''-;'tt" ~.~ ~--, .......1-".. ~~-.... ..... . - - _ - ;..... ...t_-/~- \Il\,.. ~_I___ --~f-:-~.~... c:.__ ;::::.::0 ...."' I 1 I t ---::.- ~ \ / -- ~ t---.....f-' - - - -, -8...-- ---- - ,1V -f \ \ ! I II ,--" --..... ~ ~....--I---..III IJ ~ ~, I I -------- ---.....,. I I ~~~~~~~~~~~~~~~ f' S.....,--,-",,- CONSlA.11HG ENQNEERS, ...:P_ ... lilt GI _ .., 11I81' ROlE PLANNERS and LAND SURVEYORS w::.. - €~c':R 4 MY eNGINEERING - - - ~ - .... COMPRNY. INC. ~ --. L-- 1000 EAST l46th STREET. ElURNSVUE. WINNESOTA m37 PH (952)4.)2-JOOQ IM~ JIO.1IW. ......""".... ~ - ~. _ 7/11/U I". W ..... 11_.00 Groding Pion South Oaks of Hastings 3rd Add, Greg Jablon ske BJO Vermillion Street Suite 102 HGltin9.. Wn 5503J Hating. ~ ~..: .. Scah: 1 _:50' LEGEND ""'""-,--..... DEH01ES PfKIPOSED IHOEJI con"O.JR --,--..... 0EN01ES PRQPO$E1) IHTEIMDI4n; COO""", --tPJ- DENOtES VIISTlNG INDEX COIITOUA _ ...."....- _ gg:o~ DaSTINC WTEAI<<DIA1t -+------- DENOTES PftOPOS[O STORM 5E'AER -- - DEN01tS EXlS1IHG STORM SEIlER - - - - _ _ 0EN01tS PROPOSED 9L T FENCE -..... DENOtES PROPOSEO PHASE lINE -.--- CENOtES NOAtoIAl WAtER LE'<C. ~ DEMOtES [>>SlING 1R[( LINE :.1::' 0EN01tS DlERGEMCY O'IOFLOW ~ ~A~~lOWEST AlLOWAIILE FlOCR ILLUSTRA nON KEY I~ DrSTWC cOU'OJR COtuCIuA NOTE, snE TO BE GRADED WITH 2ND ADDfTION. U...nesoto ~" Tree Table Symbol Common Nome Size Q PA Patmore Ash 1-1/2" .. Q GL Greenspire Linden 1-1/2" Q ABM Autumn Blaze Maple 1-1/2" .. Q LLL Little Leaf Linden 1-1/2" Q RRM Royal Red Maple 1-1/2" .. Q BO Burr Oak 1-1/2" .. Q PO Pin Oak 1-1/2" Boulevard trees spaced 50' aport per code Keep trees 30' from intersections per code / / / / / I 12 <::, (g .., I) -1 LI.L 10 \ I) \ fa \ \ \ \ SOUTH 1 2 11 ~ SOUTH OAKS OF HASTINGS 3RD ADDITION LANDSCAPE TREE PLAN SCALE: ," = 75' RR I) RR 1 2 3 I) z ~ '0 I)E'Q .., ~ AeMI) OAKS 2 I)RR I)RR DRIVE a!! I) E'Q I) I)M!M aQl) 3 Shrub Table Symbol Common Nome Q BB Burning Bush Q LE Large Evergreen (ie, Bird's Nest Spruce) Q SE Small Evergreen (ie, Prince of Wales) " Q DG Darts Gold Ninebark " Q WG Weigelo " Q SP Spirea 7 ~ ~ /'0 /'0 ~ ',,---- 0 0 ", 0 ~Io~ 0 OLE 0 CONCRETE PATIO " 0 I " SE 10' X 10' LANDSCAPE J LE C WI C ROCK 0 I " 0 " LANDSCAPE J ROCK TYPICAL UNIT COVERED PORCH 12' x 6' WS< YI!i 0 0 0 0 3'-0" ..' ~ ....J ~ <( ~ 0 ~ 0 0 0 ..' (f) LANDSCAPE w LANDSCAPE ROCK----........... t: j.....---ROCK I'- 0:: ---- CJ Z SE 8 Q!1 0 Q 0 0 " LE SEO 0 (:) (:) " / / / / GRASS ASPHAL T DRIVEWAY FRaN T YARD TREE PER LANDSCAPE PLAN . . (f) ~ z ['Co 0-.- _ I I ~ ~ II ON on LL~ t t ..v-.9v t ....-,9~ ,,0-,0. (;) I N OJ ~ ~-T - z ..O-.v ~ ..v-.(;v b I (;) N t ....-.9.. f ....-,9l ,,0-.0. b I ':.ot w C) <C <( cr:: <( ~ C) - cr:: ~i.' z <( u "O-.v~ ~ I") """ S ..1>-.2:.. , "v-.v ,,0-.1>(; ..0-.1>~ '0 I (;) N io I N (;) I N '" io I 'm t io I ':.ot (;) I ':.ot '" , to I a, (;) I N ~ N " !! :! C) Z - 0 Z ~ Z - 0 0 ~ - I- - I- m <( i <( > > f---- w j w - ~ :: Z ~ 0 w 0 ,j W I ~ I cl ..--- I- ~ cr: II ~ Z II " <( 0 ~~ 5 :: :: c..o c..o W ..--- ~ cr: ..--- cr: ~ LL ~ ( ..--- <C ..--- > u 0 - f - N ~ ;.: 3 0 >- f---- \) ~ \j) ~ ;.: o / o 7:12 DOUBLE 4" VlN YL SIDING " o. 12 4 r-:: " o. g - TYPICAL 4 UNIT BUILDING _._ _u__ ~ _ --- 4" TRIM LEFT ELEVATION 1/16" = 1'-0" o 0 0 0 0 0 0 7:121 RDDf" VENTS AS REQUIRED l DOUBLE 4" 1 VlN'YL SlDING~ "-0. 12 7r::;; - 1'-0" ~ I "-0. RIGHT ELEVATION 1/16" = 1'-0" 6" 1" 0" J~L JCl" ] ] .1 - ~ ------ -----~- -- --- ~~ ~~---- 12 4==11 12 I :--1 4 -::r=I:- ._ '-0" GARAGE TRIM DETAIL 11 DOUBLE 4" VINYL SIDING PRIMARY COLOR HH LI 7:12 l' 0" REAR ELEV A TI ON TYPICAL 4 UNIT BUILDING CITY OF HASTINGS - PLANNING DEPARTMENT R 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 tee I 'V t D Address of Property: South Oaks 3rd Addition / 50~0l1 QlkS 2--r~J ~fc;Lc1\'(5?) M~H 161UUf Legal Description of Property: Lots 1-6 Block 1, Lots 1-5, Block 2, and Lots 1-16, Block 3, t-Df::> 1- 0 I~ ICCLS SouthOaks3rdAddition ..- -:f-<112-ILj , toc/L4 Applicant: Name Greg J. Homes, Inc. Address 3475 Vermillion Street Suite 101 Hastings, MN 55033 Phone 651-437-3700 ~0' ~'-f N~< Fax 651-480-1144 Email areaihomes(Q>.comcast.net LAND USE APPLICA rlON ?;.' - " ",.. .~ , I~ i .' ; ". , I .' L::. _ I"Mr: ;.,. "._... . -, \... ~. 10.. ( ~J Owner (If different from Applicant): Name Address Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicable): Site Plan approval ~ A1A \Ai\'kf's. \Y\-\cnd-r-cl (6 foP--,CfLl{,".... LlVlds_ Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat x Site Plan TOTAL: Gregory A. Jablonske, Owner Note: All fees and escrow amounts due at time of application. $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 -10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) -10,000 - 50,000 sJ.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Date Signature of Owner Date ,c... Owner Name - Please Print Greg J. Homes, Inc. 4/23/2003 Official Use O~I File # '1..00 ~ 'lr 1r Rec'd By: VA Fee Paid ~. '::) ~II.,-j Receipt # '0 "7' - Date Rec'd ~;J1{0ILG App. Complete 6/22-/ OS Encore Product Specs: Finish: Panel Projection: Panel Length: Thickness: Product Code: Packaging: Squaresl canon: Panels/carton: Code Compliance: Warranty: Class 1 (A) Fire Rating based on ASTM E84: Additional Test Results: ~ t t t Triple 3 " Double 4" Double 5" Double 4-1/2" Clapboard Clapboard Clapboard Dutchlap Woodgrain Woodgrain Woodgrain Woodgrain 1/2" 1/2" 1/2" 1/2 12' 1" 12' 6" 12' 12' 1" .040" .040" .040" .040" 43130 43110 43122 43119 2 2 2 2 22 24 20 22 For information about product compliances to local and national building codes and standards, please visit our website at www.siding.com/buildingcodes or call 888-838-8100. Lifetime limited transferable Flame Spread Index Fuel Contribution Smoke Density Index Average Time of Burning Average Extent of Burning Self-Ignition Temperature Fire Endurance Rating Multi-Story Fire Test Radiant Heat Test 20 o 360 5 sec. (ASTM D635) 10mm (ASTM D635) 824<F (ASTM D1929) One Hour (ASTM E119) Passed (UBC 26-4) Passed (NFPA 268) II .. DNV CCI1ificaaun, Inc. REGISTERED FIRM Color Options: Siding and Trim: Colonial White Snow Herringbone WannSand Heritage Cream Soft Almond Colors shown are as accurate as printing methods will permit. Please see product samples for actual shades. Ask about other Certain Teed products: .. FiberCement Siding [IZJ::, ~ ." .'\~j II " . (} . . ~.~" .. ... Roofing Windows Insulation Decking &: Railing Fence Wolverine- ~ ........;:...-..........,.....- www.siding.com Toll-free: 888-838-8100 WT040/1104 @ 2004 Wolverine VIII-B-3 Mark Linnemann - Skip's Sprinkler's - Type II Home Occupation Request #2005-21 City Council Memo - April 18, 2005 Page 1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: April 18, 2005 Subject: Resolution - Skip's Sprinkler's - Type 1\ Home Occupation License Review #2005-21 - Mark Linnemann -1261 Southview Dr. REQUEST Mark Linnemann of Skip's Sprinkler's has requested a Type 1\ Home Occupation License for his business at 1261 Southview Dr. RECOMMENDATION Planning Commission Recommendation The Planning Commission reviewed this item at their April 11, 2005 meeting. The Commission unanimously recommended approval ofthe Type 1\ Home Occupation License with the conditions included in the Staff Report. Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as U-I, Urban Residential. Zoning Classification The subject property is zoned R-1, Low Density Residential. Type 1\ Home Occupations are a permitted use upon review of Council. /' Mark Linnemann - Skip's Sprinkler's - Type II Home Occupation Request #2005-21 City Council Memo - April 18, 2005 Page 2 Adjacent Zoning and land Use The following land uses abut the property: Direction North Existina Use Southview Dr Hastings Country Club Single Family Home Vermillion River Vacant Single Family Home Zonina Camp Plan East South R-1 - Low Dens Res R-1 - Low Dens Res U-I- Urb. Res. U-I- Urb. Res. West A Agriculture R-1 - Low Dens Res U-II- Urb. Res. U-I- Urb. Res. Existing Condition The existing home was constructed in 1971. It is located just east of the intersection of Southview Drive and Westview Drive. History The business was first permitted in July 2002, although Mr. Linnemann's father ran the business from this location since 1976. Staff finds no record of a home occupation license prior to 2002. In 2002, Mr. Linnemann took over the business from his father. Staff has received many complaints in the past regarding the parking of employee vehicles and trailers on the property, as well as the use of the garage and shed for materials of the business. The Planning Director conducted an inspection of the home and site on December 19, 2003 and found the site to be in compliance with the codes at that time. Since then, we have not received any complaints regarding the property related to the home occupation. HOME OCCUPATION REVIEW Outside Employees The applicant has indicated that he has one outside employee, his sister-in-law who handles the bookkeeping of the business. She works approximately 20 hours per week. Access and Parking Mr. Linnemann's home is located on a Southview Drive, just east of the intersection with Westview Drive. Mr. Linnemann's questionnaire indicates that he does not have customers or other employees coming to the home. He has also indicated that occasionally a trailer will be parked at the home, and that it is parked on the side of the house. / Mark Linnemann - Skip's Sprinkler's - Type II Home Occupation Request #2005-21 City Council Memo - April 18, 2005 Page 3 Storage of Equipment Mr. Linnemann's application indicates that all materials and equipment are stored off-site, at 2222 Vermillion Street, a commercially zoned area. Occasionally a trailer is parked at his home alongside the house. If a license were to be granted, no storage of materials or equipment would be allowed within the garage or shed onsite without first requesting an amendment to the license. Signage There does not appear to be any signage at the home for the business: Comments from Neighbors . . Notice of the home occupation license review was sent March 31st. Staff has received two letters from neighbors, Timothy Moratzka at 1161 Southview Drive and Larry McNamara at 1281 Southview Drive. Both letters are attached for your review. Mr. McNamara stopped by City Hall and discussed with Staff his concerns regarding the business. Mr. McNamara stated that Mr. Linnemann and his family are good neighbors, but his concern was that if a Type II License were granted that the business may revert to some of the more problematic actions as the neighborhood saw in the past, such as the parking of employee vehicles all over the front yard and the like. ATTACHMENTS . Location Map . Application . Questionnaire . Photo of home . Home Occupation Regulations r' HASTINGS CITY COUNCIL RESOLUTION NO. 04-_ -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE TYPE II HOME OCCUPATION LICENSE FOR MARK LINNEMANN OF SKIP'S SPRINKLERS AT 1261 SOUTHVIEW DRIVE. Council member and moved its adoption: introduced the following Resolution WHEREAS, Mark Linnemann has petitioned for approval to of a Type II Home Occupation License to operate an underground sprinkler contracting business at 1261 Southview Drive, legally described as Lot 3, Block 6, COUNTRY ESTATES ADDITION, Dakota County, Minnesota; and WHEREAS, on April 11, 2005, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the Type II Home Occupation License subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council ~ereby approves the Type II Home Occupation License request of Mark Linnemann as presented to the City Council subject to the following conditions: 1) That the business be operated in compliance with the information provided by the applicant. The applicant shall provide the Planning Department notice of changes that expand the business (Le. additional outside employees, use of garage/shed in operation of the business, etc.) to determine if the business is operating within the confines of the code. 2) That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 3) Successful completion of a fire safety inspection by the Fire Marshall. 4) That the Type II license will be in a probationary status for one year. When the year is up, the Council will review the license and determine whether it should be issued for the remaining two years. Council member moved a second to this resolution, and upon being put to a vote it was adopted by the City Council. Adopted by the Hastings City Council on April 18th. 2005 by the following vote: 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 18th day of April, 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 51. East Hastings, MN 55033 / Mark Linnemann Skip's Sprinklers Home Occupation License Request 1261 Southview Dr. Legend _ Buildings ,.. .. ,/ \,/ Roads o Parcels Map Date: April 11, 2005 N ___ W*E S Site Location CITY OF HASTINGS PLANNING DEPARTMENT 101 Fourth St East, Hastings MN 55033 651.480.2350 - phone 651.437.7082 - fax www.ci.hastings.mn.us IIome Occupation License - License Type Determiner Do you have any outside employees (who do not reside at the home)? Does more than one vehicle visit your business at a time? Do you use a garage (attached or detached) or shed for your business? Circle One ~No Yes @ Yes @ If you answered yes to any of the above questions, you are required to obtain a Type II Home Occuapation License from the City of Hastings prior to operation of the business. Please complete the enclosed questionaire and application form, and return it to City Hall with the required application fee. If you answered no to all 3 questions, you are not required to obtain a license to operate the business from your home. Please fill out the lower portion of this form and return it to City Hall. It will be kept on file, so should someone contact the City regarding your home occupation, we have a record of the business. Your business will not be inspected or contacted unless a complaint has been made. Should your business change or grow in such a way that you have outside employees, more than one vehicle visiting your business at a time, or need to use a garage or shed in the operation of your business, you must apply for a Type D License. Please contact the Planning Department for the necessary forms. Name: Business Name: Phone: Fax: Emai1: fJ/1A. < IV.-, {" Signature' Date: 9/28/2004 1 CITY OF HASTINGS - PLANNING DEPT. 101 4th St E., Hastings, MN 55033 - Phone:651.480.2350 - Fax:651.437.7082 Application for Home Occupation License Applicant: NlrLr l L'I\.YU-~nA^ Busines~ Name: c-. 0k/?~ :r.rirvtle./ ~SKI1'1S Address. 12~ I 0)lXrhvl~;) Vn City: .J-I ,~str1Ji: . State: n'W . Zip:. Ssv 53 Home Phone: (151~43l-4D&.l( Work Phone: (.'51-1j7-fa{)~ Email: skip55p{(r\lll~~('-.Dmut)tJut Fax: {05," 4-3"]-11(1 Property Owner (If different from above): Address: City: State: Zip: Home Phone: Work Phone: Email: Fax: Address of Proposed Home Occupation: 12~ t 3()l/vthv,;w Dr. Legal Description: PID: Zoning Designation: Do you own or rent this property? 0 l,vl) If you do not own the property, you must attach written permission from the property owner to operate the business at that location. Please fill out this form and the attached questionnaire completely, and return it to the Planning Dept., along with the $250 application fee. The application review will not be scheduled for a Planning Commission meeting until all required materials have been provided. By signing this application, I declare that I have read Chapter 10, Section 10. 12 Subd. 2d of the Hastings City Ordinance, and that all of the information provi to t City of Hastings on this application, or as a pa reof' rue accurate to the best of my knowledge. r' 12!;L8)bLf Signature of Applicant Date 2 CITY OF HASTINGS Planning Dept. - 1.01 4th St E, Hastings MN 55033 - Phone 651.480.2350 - Fax 651.437.7082 Home Occupation Questionnaire If additional space is needed to adequately answer any of the following questions, answer on a separate sheet of paper. Please number your answer to correspond with the question. 1. Describe the proposed home occupation: 11'1 ~ 5' ~k, -' ,- (\ - lli.-v-i ~ Il d.v b{) D /Li~t-f;6 lM.- ~L ~~ u.-G/- :LO ~I LvUI(.. 2. Describe the character of the surrounding properties: 3. Of those who reside in the home, who will be employed in this home occupation and what will their duties be? A"J:I/ (~ -r ~ ~u_ C~~ . 4. Will there be any people employed in the home occupation who do not live In the home? If yes, describe the need for their employment, the number of employees, their duties, and their hours of employment. Ves. S~( 4t ( c~\,(. 5. In what part of the home will the home occupation be located? How will customers/employees access the area? Sfu~. Nt! t,t.t-S ~ rt-U-:> to-rw. fu lJ.-.S - ~ 7,,0 -p., ~-- 6. Will the home occupation be carried out in a garage, shed, or any other part of the property other than the home? If yes, describe what activities will take place in the garage/shed and/or what. materials and in what quantity will be stored in the garage/shed: tltlv:rlv.- . / \lIl tlOt.vL-- (JVJ 5j;f~LUJ S ~11',.t (l:f- tf../V,.:tlu.- t '~cA' U 1'j . Ve (j(C'i'( S (JJ p~rk: lL -t---tVt-tt;- 1"'- ..J-Iv.. Sir;J.z i f ~IIi ~;v, 3 7. . What are the intended days and hours of this home occupation? M - r q l'___' 2~ 8. How many customers will visit your home occupation at anyone time, on any given day during any given week? If none, skip to Question 10. fI~~- 9. Do you have off-street customer parking available at your home occupation? If yes, attach a detailed drawing showing the location, capacity, type of parking surface, and dimensions of parking area: /VIA- 10. Will the home occupation require or involve any equipment not normally found in the home? If yes, describe the equipment: ilL.. . 11. Will the home occupation involve the sale of merchandise over the counter that is produced off the property? If yes, describe the merchandise to be sold: /ll. 12. How long do you anticipate the home occupation will be operated at this address? I f\ clLft~S . 13. Are there any interior or exterior alterations required for this home occupation? If yes, describe the interior and/or exterior alterations required: ill ~Y\L.. 4 14. Will the home occupation produce glare, noise, odor, or vibration that will be noticeable outside the home? If yes, describe: 15. 16. 17. /tj~. Do you plan on displaying any signs advertising your home occupation? If yes, attach a drawing of the proposed sign, including the size, materials, color and location of the sign. il/.; . Are there any licenses or permits that are required from any government agencies to legally conduct this home occupation? If yes, list the licenses or permits below: k-w vo-tb-7" /j Ct1VR j {;~-(.~r Lt~~ May the City inspect the property during the time this application is being considered for approval? !fJ 18. List any additional information concerning this home occupation that you believe is necessary for consideration of your application: -- By signing this application, I declare that I have read Chapter 10, Section 10. 12 Subd. 2d of the Hastings City Ordinance, and that all of the information provided to the City of astings on this application, or as a part thereof, is true and accurate t best 0 y knowledge. /2/ .ztfftJ /j Date . 9/28/04 ,/ " TIMOTHY D. MORATZKA 1161 SOUTHVIEW DRIVE P.O. Box 483 HASTINGS, MN 55033 March 31, 2005 City of Hastings Planning Department 101 Fourth Street East Hastings, MN 55033 RE: Home Occupation Permit - Type II License Skip's Sprinklers 1261 Southview Drive Gentlemen and Ladies: I have received a copy of the above application for a home occupation permit. It will come before the Planning Commission on April 11, 2005 at 7:00 p.m. As a property owner within the immediate area, I oppose the permit for the following reasons: 1. The business involved has several employees. 2. Sometimes as many as three or four vehicles, apparently employees, are parked at the premises. 3. During daylight, the garage is often open for access to parts and inventory. 4. Many times equipment and trailers are parked in the driveway. 5. This neighborhood is exciusively residential. There are no home businesses in the area. The property borders the golf course. The homes in the neighborhood are of substantial value and this value will be negatively impacted by a home occupation. I think Mark runs a good business. They have provided me with services for years and have always done a good job. I wish him success. On the other hand, he should have a place of business other than his house. His business should not impact residential property value. Zoning ordinances should be enforced in order to maintain the character and value of neighborhoods. " City of Hastings Planning Department March 31, 2005 Page 2 I respectfully request that you deny his application. cc: Larry McNamara w/encl. (1281 Southview Drive) Mike Polk w/encl. (1301 Southview Drive) Bill Sieben w/encl. (1201 Southview Drive) Don Keller w/encl. (1171 Southview Drive) Ernie Salmela w/encl. (1151 Southview Drive) P4 1~' (c.(2-. 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'-'---- ---.-'---...-..-.- VIII-B-4 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: April 18, 2005 Subject: Resolution - Minor Subdivision\Variance\Special Use Permit#2005.19- Radio Tower Relocation - 1621 East 4th Street. K & M Broadcasting (KDW A). REQUEST K & M Broadcasting (KDWA) seek the followin~ approvals to allow construction of a 226 foot tall AM Radio Tower south of 1621 East 4 Street: 1) Minor Subdivision to subdivide a 4.7 acre lot from an 18.35 acre property. 2) Variance to Tower Height and Line of Site Requirements as follows: . City Code Chapter 10, Section 12.04, Subd. B 1 - 80 maximum height for any tower in a residentially zoned district. . Minnesota Executive Order 79.19. Mississippi River Interim Development Regulations, Subd. F5 - 35 foot maximum building height in the Rural Open Space District. . Minnesota Executive Order 79.19. Mississippi River Interim Development Regulations, Subd. F7 - Line of Site (Visibility from the Mississippi River) 3) Special Use Permit to allow a tower in the F.W Floodway Zoning District. RECOMMENDATION The Planning Commission recommended unanimous approval of all requested actions at the April 11, 2005 Meeting. Commissioners discussed the following: . Will the tower be lighted, have a strobe light, or contain any other antennas or signage? The applicant statecf they will have a red flashing light on top of the tower that will be lit at night per FAA requirements. No strobe lights or other signage would be erected. · Will any significant trees be removed; Can the City Forester examine the site prior to the City Council Meeting? The City Forester has examined the site. The majority of the site is free of significant trees. Areas along the south and east edges that may have significant trees should be protected. PUBLIC COMMENT Several residents spoke during the public hearing before the Planning Commission. The following concerns were voiced: . What will be the effect on wildlife . Wouldn't a high land area be better for broadcasting . Will the tower negatively effect TV reception · The tower may negatively affect adjoining land values, especially the high knoll area of the Freitag property. CHANGES SINCE PLANNING COMMISSION REVIEW Department of Natural Resources (DNR) Review - The DNR has submitted a letter opposing the variances to height and line of site; they do not believe the variances meet all the prerequisites for granting a variance. Please seethe letter from Sandy Fecht for further information. This letter was not presented to the Planning Commission. City Forester - The City Forester has examined the site and notes the western 75 percent of the site is vegetated by small willows. The eastern 25 percent has larger trees (Silver Maple & Cottonwood). A tree inventory is recommended if any of the significant Silver Maple and Cottonwood Trees (12 inches or larger) are removed. The City Forester's recommendations have been incorporated in to the Special Use Permit conditions for approval. Please see the letter from Kevin Smith for further information. ATTACHMENTS . Resolution - Minor Subdivision · Resolution - Tower Height and Line of Site Variances · Resolution - Special Use Permit . Location Map . Site Plan · Tower and Antenna Regulations · Letter from Sandy Fecht, DNR - April 11 , 2005 · Letter from Kevin Smith, Hastings Park & Rec - April 13, 2005 . Application / BACKGROUND INFORMATION Existing AM Radio Tower The applicant currently operates a radio tower north of Tiffany and Douglas Drive. The tower would be removed from the existing site, and property sold upon approval to construct the new radio tower. Mississippi River Critical Area - Interim Design Regulations The property is within the Mississippi River Critical area and designated Rural Open Space under the Mississippi River Critical Area Plan. Any Variance or Special Use Permit requires the review of the Department of Natural Resources. Comprehensive Plan Classification The property is guided Floodway in the 2020 Comprehensive Plan and is outside the Metropolitan Urban Service Area (MUSA) Boundary for existing and planned urban services. Zoning Classification The majority of the property is zoned F-W - Floodway (including all of the proposed radio tower site). Staff has determined that a radio antenna is similar to other identified Floodway special uses, and must obtain a special permit prior to construction. Existing Use The 4.7 acre radio tower site is vacant and within the Vermillion Slough Floodway. The remaining larger parcel contains a home along East 4th Street. Proposed Use A 226 foot tall, steel girder radio antenna would be constructed in the center of the site. The tower would be painted red and white and contain a red flashing light at the top of the tower per FAA regulations. A small accessory building would also be constructed. Both the tower and accessory building would be built above the flood plain elevation on concrete pilings. The site would be secured by a fence, barbed wire, and warning signage. Adjacent Zoning and Land Use The following land uses abut the 4.7 acre radio tower site: Direction Existina Use Zonina Comp Plan North Ag land\Floodplain F-W - Floodway Floodway East Ag land\Floodplain F-W - Floodway Floodway South Vermillion Slough Ag land\Floodplain F-W - Floodway Floodway West Ag land\Floodplajn F-W - Floodway Floodway MINOR SUBDIVISION REVIEW Request Minor Subdivision to subdivide a 4.7 acre parcel from a 18.35 acre parcel (remaining parcel would be 13.65 acres). Minor Subdivision Provisions Section 11.10 of the Subdivision Ordinance regulates the Minor Subdivision (Waiver of Platting Requirements) as follows: · A minor subdivision is limited to one division of a parcel of land per twelve month period which results in no more than three lots provided no new road is required and aI/lots created meet the requirements of the zoning Ordinance. · The minor subdivision shal/ not necessitate any additional public investment in new roads nor utilities to serve the lots. Zoning Analysis - Existing Home Site The remaining 13.65 acre lot containing the home site would meet the minimum requirements of the F-W Floodway and R - Rural Zoning District. Zoning Analysis - Tower Site The subdivision of the tower site would create a landlocked parcel. Because the parcel is completely within the floodway district with no allowances for residential construction, staff supports the subdivision subject to the recording of an ingress and egress easement to provide access to the site. Sewer Interceptor Fee A sewer interceptor fee is not applicable; there is no increase in the number of approved units. Park Dedication A park dedication fee is not applicable; there is no increase in the number of approved units. VARIANCE - TOWER HEIGHT AND LINE OF SITE Request Three variances are requested to allow for construction of the tower as follows: · City Code Chapter 10, Section 12.04, Subd. 81 - 80 maximum height for any tower in a residentially zoned district. · Minnesota Executive Order 79-19 - Mississippi River Interim Development Regulations, Subd. F5 - 35 foot maximum building height in the Rural Open Space District. · Minnesota Executive Order 79-19 - Mississippi River Interim Development Regulations, Subd. F7 - Line of Site (Visibility from the Mississippi River) Variance Criteria The Interim Development Regulations allow the requested variances to be granted only when the following findings are made: (1) The strict enforcement of the height restrictions or line of sight will result in unnecessary hardship. "Hardship" as used in the consideration of a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provisions of these interim development regulations; (2) There are exceptional circumstances unique to the property that were not created by a landowner after April 25, 1975; (3) The dimension variance does not allow any use that is not a compatible use in the land use district in which the property is located; (4) The dimension variance will not alter the essential character of the locality as established by these interim development regulations; (5) The dimension variance would not be contrary to the intent of the order. Analysis - Hardship The following hardships have been identified in meeting the ordinance requirements for tower height and line of site: · KDW A would be unable to broadcast with a tower meeting the height limits of the Zoning and Interim Development Regulations. · The proposed site is remote and within a floodplain, providing greater separation from abutting uses than the present antenna site in Hastings. The existing site is surrounded by residential homes within close proximity to the tower. · KDW A's relocation is limited to no more than two miles north or east of the existing facility. FCC regulations limit the scope for the relocation of a radio tower. The tower can be relocated no more than two miles from the existing site, and cannot negatively affect other AM radio stations' broadcasting. Moving the tower south or northwest interferes with other existing AM stations. · The proposed site is approximately 0.8 miles from the Mississippi River. The area between the site and the Mississippi River is heavily forested. Only the upper portions of the tower would be slightly visible. SPECIAL USE PERMIT REVIEW Request Special Use Permit to construct a 226 foot AM Radio Tower in the F-W - Floodway District. The tower would be of a steel girder construction and consist of an 18-20 foottall concrete base in order to place to tower above the floodplain elevation (the 226 foot height includes the base). The applicant would also construct fencing around the perimeter and a small building for the placement of tower equipment. Special Use Permit Definition The Zoning Code defines and regulates special uses as follows: Uses that would not be appropriate generally or without restriction throughout the zoning district but, if controlled as to number, area, location, or relation to the neighborhood, would not detract from the public health, safety, and welfare. Special uses may be permitted in a zoning district if specific provision of such special uses is made in this Zoning Ordinance. Tower and Antenna Ordinance Chapter 10, Subd. 12 regulates the construction of towers and antennas and establishes the following parameters for the approval of new facilities: · Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety. · Minimize adverse visual affects from towers through careful design and siting standards which attempt to screen and/ or camouflage towers and antennas from adjacent public and private property. · The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community. · Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics ofthe community and, thereby, undermine economic value and growth. Height Tower height in residentially zoned districts is limited to 80 feet. The applicants have requested a variance to allow for a taller tower. , Setback The tower meets the setback requirements of the tower and antenna ordinance. The tower would be located in the center of the 4.7 acre parcel, approximately 200 feet from the property boundary. Hot Tower The tower would be a "hot tower" creating an electromagnetic frequency zone that must be protected against illegal entry. Regulations require the installation of signage, fencing, and barbed wire around the perimeter of the facility (similar to the existing site) to prohibit trespassing. Analysis · The proposed site is remote and within a floodplain, providing greater separation from abutting uses than the present antenna site in Hastings. The existing site is surrounded by residential homes within close proximity to the tower. · FCC regulations limit the scope for the relocation of a radio tower. The tower can be relocated no more than two miles from the existing site, preferably to the north and east. The existing site is at the two mile extension limit. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE MINOR SUBDIVISION REQUEST OF K & M BROADCASTING (KDW A) TO SUBDIVIDE PROPETY AT 1621 EAST 4TH STREET, DAKOTA COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, K & M Broadcasting (KDW A) has petitioned for Minor Subdivision approval to subdivide a +/- 4.7 acre parcel from a 18.35 acre parcel generally located at 1621 East 4th Street, legally described on Attachment A: WHEREAS, on April 11, 2005, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the minor subdivision subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the minor subdivision request ofK & M Broadcasting (KDW A) as presented to the City Council subject to the following conditions: I) An easement allowing ingress and egress to the tower site property must be recorded to provide vehicular access to East 4th Street. 2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) Approval of the Subdivision by the Department of Natural Resources. 5) Approval is subject to a one year sunset clause. Approval is null and void if significant work has not commenced within one year of City Council Approval. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of April 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 " HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING CERTAIN VARIANCES TO HASTINGS CITY CODE CHAPTER 10, AND MINNESOTA EXECUTIVE ORDER 79-19 PERTAINING TO HEIGHT AND LINE OF SITE REQUIREMENTS FOR K & M BROADCASTING (KDW A) AT 1621 EAST 4TH STREET, DAKOTA COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, K & M Broadcasting (KDW A) has petitioned for variances to the following provisions of City Code Chapter 10, and Minnesota Executive Order 79-19 on property generally located at1621 East 4th Street, legally described on Attachment A: 1) City Code Chapter 10, Section 12.04, Subd. Bl- 80 maximum height for any tower in a residentially zoned district. 2) Minnesota Executive Order 79-19 - Mississippi River Interim Development Regulations, Subd. F5 - 35 foot maximum building height in the Rural Open Space District. 3) Minnesota Executive Order 79-19 - Mississippi River Interim Development Regulations, Subd. F7 - Line of Site (Visibility from the Mississippi River). WHEREAS, on April!l, 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 variances as requested 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 variances as requested based on the following findings of fact: 1. KDWA would be unable to broadcast with a tower meeting the height limits of the Zoning and Interim Development Regulations. 2. The proposed site is remote and within a floodplain, providing greater separation from abutting uses than the present antenna site in Hastings. The existing site is surrounded by residential homes within close proximity to the tower. 3. KD W A's relocation is limited to no more than two miles north or east of the existing facility. FCC regulations limit the scope for the relocation of a radio tower. The tower can be relocated no more than two miles from the existing site, and cannot negatively affect other AM radio stations' broadcasting. Moving the tower south or northwest interferes with other existing AM stations. 4. The proposed site is approximately 0.8 miles from the Mississippi River. The area between the site and the Mississippi River is heavily forested. Only the upper portions ofthe tower would be slightly visible. 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 Minnesota Executive Order 79-19. 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 April 18, 2005 by the following vote: Ayes: Nays: Absent: " ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of April, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th 81. East Hastings, MN 55033 / HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SPECIAL USE PERMIT REQUEST OF K & M BROADCASTING (KDW A) TO ERECT A 226 FOOT TALL AM RADIO TOWER AT 1621 EAST 4TH STREET, DAKOTA COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, K & M Broadcasting (KDW A) has petitioned for Special Use Permit approval to erect a 226 foot tall AM radio station tower on property generally located south of 1621 East 4th Street, legally described as follows: That part of Lot 31, AUDITOR'S SUBDIVISION NO. 28, HASTlNGS, on file and of record in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at the Center of Section 26, Township115, North, Range 17 West; thence South 89 degrees 50 minutes 57 seconds West, bearing assumed, along the south line of Government Lot 3, a distance of 1155.00 feet to a point on the east line of said Lot 31 and hereinafter known as Point "An; thence South 89 degrees 50 minutes 57 seconds West, along the south line of said Government Lot 3, a distance of 495.00 feet to the West line of said Lot 31; thence South 00 degrees 40 minutes 29 seconds East, along the west line of side lot 31, a distance of 180.00 feetto the point of beginning ofthe land to be described; thence North 89 degrees 50 minutes 57 seconds East, along a line parallel with the south line of said Government Lot 3, a distance of 412.50 feet; thence South 00 degrees 40 minutes 29 seconds East a d~stance of 448 feet, more or less, to the northerly shore of V ennillion Slough; thence southwesterly and northwesterly along the northerly shore of said Vermillion Slough, to its intersection with a line bearing South 00 degrees 40 minutes 29 seconds East from point of beginning, said line being west of Lot 31; thence North 00 degrees 40 minutes 29 seconds West a distance of 425 feet, more or less, to the point of beginning. Containing 4.7 acres, more or less. WHEREAS, on April 11, 2005, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, The Planning Commission of the City of Hastings recommended approval of the special use pennit subject to the conditions of this resolution. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the special use pennit request ofK & M Broadcasting (KDW A) to erect a 226 foot tall AM radio tower as presented to the City Council subject to the following conditions: 1) Adherence to City Code, Chapter 13 - Flood Plain Regulations. 2) Installation of barriers to prohibit entry to the site by unauthorized individuals, including a fence, barbed wire, and signage. 3) Approval of the Pennit by the Department of Natural Resources. 4) Approval is subj ect to a one year sunset clause. Approval is null and void if significant work has not commenced within one year of City Council Approval. 5) A tree inventory and preservation plan must be conducted prior to removal of any Silver Maple or Cottonwood tree that is 12 inches or larger. 6) A tree preservation fence must be installed and inspected by the City Forester prior to site disturbance. BE IT FURTHER RESOLVED, the following: 1. A copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member vote adopted by moved a second to this resolution and upon being put to a present. Ayes:_ Nays:_ Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee City Clerk r 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 18th day of April 2005, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th 81. East Hastings, MN 55033 .- s.. CPt: ~ .2 1;) 1-.....(1) ca :::s ,Aue- i~CI) C~D:: ~ o t>> 0 "'C ~ ~ ~ 1U .S CU C ~ m a.. Q) ~"o J.() o o "'..Z o (\') .J:: ~ CO ~ ~ c o tZ) :;::i to o o -I Q) - i:i5 ~ -,'- ,I Q \I'~ a. " ~ ~'5 CO ' . " . ~ RADIO STATION KDWA ANTENNA VERTICAL SKETCH " B c (~.. KEY: A: 1 METER RED OBSTRUCTION LAMPS B: 61 METERS AM ANTENNA STEEL RADIATOR C: 69 METERS HEIGHT ABOVE GROUND LEVEL D:1METER BASE INSULATOR E: 6 METERS CONCRETE PIER AND EARTH MOUND F: 207 METERS ABOVE MEAN SEA LEVEL AT GROUND LEVEL TOP OF STRUCTURE INCLUDING liGHTING IS AT 276 METERS AMSL *DRAWING IS NOT TO SCALE " RADIO STATION KDWA SITE PLAT 412' 1621 East 4th Street TRUE NORTH I TX BLDG I , , .r" , , : , .. , ~ ~ ~ " , \." , ' ,\.\\.'- , " '. . " a____ ~ ... ~ " ", LO N ~ "' " -- ~ , " .- " ." ~" '. ..... " ., / / '. \. " . . / / . , i i . . .; , : Ir, ~ f l 1" i ~ 'i. .~ ' . SC^LE OF FEET - 100 FT I IN. ~:'''''S' .:........ . H'....1:".... .., ... I '1 "' J ; o 100 200 '800 Total of full-length radial wire5. 20224 feet. Short 50-foot radiale, if used, total 6000 feet, Overall wire requ1re~ents, 26224 feet. .- to be placed above the roof level and not intended for human occupancy except as otherwise allowed by the City Council. SUBD. 7. ructure to Have Access. Every building hereafter erected or moved shall be on a t next to a public street, or with access to a City allowed private street or driveway and structures shall be so located on lots as to provide safe and convenient access for servl . g, fire protection and required off street parking. SUBD. 8. Deleted in entl ty 11-3-97 (Adopted as a part of Newly adopted Chapter 18) Recreational Vehicle rage - Parking & Storing Certain vehicles - Misc. Material equipment storage. SUBD. 9. Deleted in entirety 11-3-9 Adopted as a part of Newly adopted Chapter 18) Recreational Vehicle Storage - Pa 'ng & Storing Certain vehicles - Misc. Material equipment storage. SUBD. 10. Deleted in entirety 11-3-97 (Adopted a part of Newly adopted Chapter 18) Recreational Vehicle Storage - Parking & Stori Certain vehicles - Misc. Material equipment storage SUBD. 11. Yard Maintenance. In all districts, landscaping an fences shall be constructed and maintained so as not to be unsightly or present ha ful health or ~afety conditio SUBD. 12. Towers and Antennas SUBD 12.01. Purpose and Intent. The purpose of this ordinance is to accommodate and provide a reasonable opportunity for the establishment of wireless telecommunications in the City. The City finds it necessary to adopt standards and regulations that promote the public health, safety, and general welfare, while minimizing the possible adverse effects of towers and antennas on nearby property. The Council finds that these regulations are necessary to: A. Ensure standards which permit a reasonable and equitable opportunities for the establishment of wireless telecommunications services in the City; B. Ensure that towers and antennas are designed, constructed, installed, and maintained in a manner that does not adversely impact public safety; C. Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunications antennas in order to reduce the number of towers needed to serve the community, and: D. Minimize adverse visual affects from towers through careful design and siting standards which attempt to screen and! or camouflage towers and antennas from adjacent public and private property. City of Hastings Code Book Chapter 10 Page 15 of 92 SUBD 12.02.Findings. The City of Hastings finds it necessary for the promotion and preservation of the public health, safety, welfare, and aesthetics of the community that the construction, location, size, and maintenance of wireless telecommunication facilities be controlled. Further, the City finds: A. Towers and antennas have a direct impact on, and relationship to, the image of the community; B. The manner of installation, location, and maintenance of towers and antennas affects the public health, safety, welfare, and aesthetics of the community; C. A reasonable opportunity for the establishment of wireless telecommunications must be provided to serve residential, business, public utility and public safety needs, and: D. Uncontrolled and unlimited towers and antennas adversely impact the image and aesthetics of the community and, thereby, undermine economic value and growth. SUBD 12.03. Building Permits. A. It shall be unlawful for any person, firm, or corporation to erect, construct, replace re-erect, or repair any tower without first making application for and securing a building permit as provided in this ordinance. This also includes adding antennas to existing towers. B. The applicant shall provide at the time of application for a building permit sufficient information to indicate that construction, installation, and maintenance of the antenna and tower will be in compliance with applicable Uniform Building Code requirements. C. Permits are not required for: 1. Adjustment or replacement of the elements of an antenna array affixed to a tower or antenna, provided that the replacement does not reduce the safety factor. 2. Antennas and lor towers erected temporarily for test purposes, for emergency communication, or for broadcast remote pick-up operations, provided that the antennas or towers are not located on a public right-of-way, and towers are protected against unauthorized climbing. Temporary antennas used for test purposes or broadcast remote pick-up operations shall be removed within 72 hours following installation. SUBD 12.04. Height Restrictions. A. Height Determination. The height of towers shall be determined by measuring the vertical distance from the tower's point of contact with the ground to the highest point of the tower, including all antennas or other attachments. B. Except as provided in the following subdivision of this section, maximum heights for towers are as follows: " City of Hastings Code Book Chapter 10 Page 16 of 92 1. In all residential zoned property the maximum height of any tower, including all antennas and other attachments, shall be eighty (80) feet. 2. In all non-residential zoning districts, the maximum height of any tower, including all antennas and other attachments, shall not exceed a height of 125 feet. The City Council may allow towers up to 150 feet high if the applicant can demonstrate that based upon the topography of the site and surrounding areas, antenna design, surrounding tree cover and structures and/or through the use of screening, that off-site views of the tower will be minimized. SUBD 12.05. Exceptions to Height Restrictions. The following are exceptions to the maximum height restrictions for towers: A. Multi-use towers made to accommodate more than one user may exceed the height limit by 25 feet. B. Antennas located on existing buildings or water towers are limited to rise 15 feet above the structure. The city council may permit the Antenna to rise 25 feet above the structure if the applicant can demonstrate that by a combination of Antenna design, positioning of the structure and/or by screening erected or already in place on the property, that off-site views of the antenna are minimized to acceptable levels. SUBD 12.06. Setbacks. Towers shall conform with each of the minimum setback requirements: A. Towers shall meet the setbacks of the underlying zoning district with the exception of industrial and commercially zoned districts, where the tower may encroach into the rear setback area, provided that the rear property line abuts another industrial or commercially zoned district and the tower does not encroach upon any easements. B. Towers located on property in or abutting residential districts shall be setback the height of the tower from residential property lines. C. Towers located in industrial districts shall have a minimum setback equal to the engineered fall zone, as determined in writing by a qualified engineer, and agreed upon by the City Council. D. Towers shall be set back from all platted or planned public right of ways by a minimum distance equal to one half of the height of the tower including all antennas and attachments. E. Towers shall not be loc.ated between a principle structure and a public street. F. A tower's setback may be reduced or its location in relation to a public street varied, at the sole discretion of the City Council, to allow the integration of a tower into an existing or proposed structure, such as a church steeple, light pole, power line support device, or similar structure. G. No tower shall be located in a wetland or a wetland setback. City of Hastings Code Book . Chapter 10 Page 17 of 92 H. In a residential district, the required setback from property lines for antennas and towers not rigidly attached to a building or structure shall be equal to the height of the antenna and tower. Those antennas and towers rigidly attached to a building or structure, and whose base is on the ground, may reduce the required setback by the amount equal to the distance from the point of attachment to the ground. SUBD 12.07. Towers in Residentially-Zoned Districts. Towers located in residentially zoned areas are subject to the following restrictions: A. Towers supporting amateur radio antennas shall conform to all applicable provisions of this code and shall be allowed only in the rear yard of residential property. B. Towers supporting commercial antennas and conforming to all applicable provisions of this Code shall be allowed in residential zoned districts in the following locations: 1. Church sites, when camouflaged as an architectural feature such as steeples or bell towers. 2. Park sites, when compatible with the nature of the park as determined by the Natural Resource Commission. 3. Government, School, utility, and institutional sites. C. Only one tower shall exist at anyone time on anyone residential parcel with the exception of towers designed to replicate an existing structure, such as a tree or light. SUBD 12.08. Multiple Principal Uses and Structure on a Single Lot. For the purposes of this Division, one tower and multiple antennas shall be permitted on the same lot as another principal use or structure subject to the requirements of this chapter. SUBD 12.09. Construction Requirements. All antennas and towers erected, constructed, or located within the City shall comply with the following requirements: A. All applicable provisions of this Code. B. Towers and their antennas shall be certified by a qualified and licensed professional engineer to conform to the latest structural standards and wind loading requirements of the Uniform Building Code and the Electronics Industry Association and all other applicable reviewing agencies. C. With the exception of necessary electric and telephone service and connection lines approved by the City, no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. D. Towers and their antennas shall be designed to conform with accepted electrical engineering methods and practices and to comply with the provisions of the National Electric Code. City of Hastings Code Book Chapter 10 Page 18 of 92 E. All towers shall be constructed to conform with the requirements of the Occupational Safety and Health Administration. F. All Towers shall be protected against unauthorized climbing. G. Metal towers shall be constructed of, or treated with, corrosive resistant material. H. The applicant is responsible for receiving approvals from the Federal Aviation Administration, Federal Communications Commission, and any appropriate state review authority stating that the proposed tower complies with regulations administered by that agency or that the tower is exempt from those regulations. SUBD. 12.10. Tower and Antenna Design. Proposed or modified towers and antennas shall meet the following design requirements: A. Towers and antennas (including supporting cables and structures) shall be designed to blend into the surrounding environment through the use of color, camouflaging and architectural treatments. Communication towers not requiring FAA or FCC painting/marking shall be painted an appropriate color, such as, blue, gray, brown, white or black finish. B. Commercial wireless telecommunications service towers shall be of a monopole design unless the City Council determines that an alternative design would better blend in the surrounding environment. C. Radio and Television Antennas may be of a design related to their function, provided that no part of any antenna or tower nor any lines, cable, equipment or wires or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. D. Personal television and radio antennas on top of residential structures shall be exempt. SUBD 12.11.Co-Location Requirements All communication towers erected, constructed, or located within the City shall comply with the following requirements: A. A proposal for a new telecommunications service tower shall not be approved unless the City Council finds that the telecommunications equipment planned for the proposed tower cannot be accommodated on an existing or approved tower or building within a one mile search radius (one-half mile search radius for towers under 120 feet in height, towers under 80 feet are exempt from this requirement) of the proposed tower due to one or more of the following reasons: 1. The planned equipment would exceed the structural capacity of the existing or approved tower or commercial building, and the existing or approved tower cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment at a reasonable cost. 2. The planned equipment would cause interference materially impacting the usability of other existing or planned equipment at City of Hastings Code Book Chapter 10 Page 19 of 92 the tower or building and interference cannot be prevented at a reasonable cost. 3. Existing or approved towers and buildings within the search radius cannot accommodate the planned equipment at a height necessary to reasonable function. 4. The applicant must demonstrate that a good faith effort to co-locate on existing towers and structures within a one mile radius was made, but an agreement could not be reached. B. Any proposed telecommunication service tower shall be designed, structurally, electrically, and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least one additional user. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. SUBD 12.12. Lighting. Towers shall not be illuminated by artificial means and shall not display strobe lights unless such lighting is specifically required by the Federal Aviation Administration or other federal or state authority for a particular tower. When incorporated into the approved. design of the tower for camouflage purposes, light fixtures used to illuminate ball fields, parking lots, or similar areas may be attached to the tower. SU BD 12.13. Signs and Advertising. No signage, advertising or identification of any kind intended to be visible from the ground or other structures is permitted, except applicable waming and equipment information signage required by the manufacturer or by Federal, State, or local authorities. SUBD 12.14. Accessory Utility Buildings. All utility buildings and structures accessory to a tower may not exceed one story in height and 400 square feet in size and shall be architecturally designed to blend in with the surrounding environment and meet the minimum setback requirements of the underlying zoning district. The use of compatible materials such as wood, brick, or stucco is required for associated support buildings. Equipment located on the roof of an existing building shall be screened from the public view with building materials identical to or compatible to existing materials. In no case shall wooden fencing be used as a rooftop equipment screen. Site plan review and approval is required for these accessory utility buildings. SUBD 12.15. Landscaping. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non-vegetative screening better reflects and compliments the architectural character of the surrounding area. Removal of existing shrubs and trees shall be minimized through careful site selection and design. Landscaping requirements shall be determined through site plan review. SUBD 12.16. Antennas Mounted on Roofs, Walls, and Existing Towers. The placement of wireless communication antennas on roofs, walls, and existing towers City of Hastings Code Book Chapter 10 Page 20 of 92 may be administratively approved by the city, provided that the antenna meets the requirements of this Code and the following: A. The maximum height of an antenna shall not exceed 15 feet above the roof and shall be setback at least 10 feet from the roof edge. B. Wall or facade mounted antennas may not extend 5 feet above the cornice line and must be constructed of a material or color which matches the exterior of the buildings or structure. SUBD 12.17. Application. In addition to the submittal requirements required elsewhere in this Code, an application for a Building Permit for antennas to be mounted on an existing structure shall be accompanied by the following information: A. A site plan showing the location of the proposed antennas on the structure, accessory structures and wiring, and documentation that the request meets the requirement of this code; B. A building plan showing the construction of the antennas, the proposed method of attaching them to the existing structure, and documenting that the request meets the requirements of this code: C. A report prepared by a qualified and licensed professional engineer indicating the existing structure or tower's ability to support the antennas; and D. Compliance with FCC regulations is required to ensure there will be no interference with existing tenants or public safety telecommunication providers. SUBD 12.18.Appeals. An applicant may appeal an administrative decision under this Ordinance to the City Council. Following review and recommendation by the Planning Commission, the City Council shall make a final determination on the application. SUBD 12.19.Existing Antennas and Towers. Antennas and towers in residential districts and in existence as of the effective date of this Ordinance which do . notconform to or comply with this Section are subject to the following provisions: A. Towers may continue in use for the purpose now used and as now existing but may not be replaced or structurally altered without complying in all respects with this Chapter. B. If such towers are hereafter damaged or destroyed due to any reason or cause whatsoever, the tower may be repaired and restored to its former use, location and physical dimensions upon obtaining a building permit therefore, but without otherwise complying with this Chapter, provided, however, that if the cost or repairing the tower to the former use, physical dimensions, and location would be fifty percent or more of the cost of a new tower of like kind and quality, then the tower may not be repaired or restored except in full compliance with this chapter. City of Hastings Code Book Chapter 10 Page 21 of 92 SUBD 12.20.Time Limit on Tower Completion. Once a tower is approved by the City, the tower must be substantially completed within one year, including any structures accompanying the tower, following the date of permit. SUBD 12.21.Abandoned or Unused Towers or Portions of Towers. Abandoned or unused towers or portions of towers and accompanying facilities shall be removed as follows: A. All abandoned or unused towers and associate facilities shall be removed within 12 months of the cessation of operations at the site unless a time extension is approved by the City Council. In the event that a tower is not removed within 12 months of the cessation of operations at a site, the tower and associated facilities may be removed by the city and the costs of removal assessed against the property. B. Unused portions of towers above a manufactured connection shall be removed within two years six months of the time of antenna relocation, if the unused portion exceeds 25% of the height of the tower or 30 feet, whichever is greater. The replacement of portions of a tower previously removed requires the issuance of anew special use permit. SUBD 12.22. Interference with Public Safety Telecommunications. No new or existing telecommunications service shall interfere with public safety telecommunications. All applicants for new service shall be in compliance with FCC regulations. SUBD 12.23.Additional Submittal Requirements. In addition to the information required elsewhere in this code, applications for a Building Permit towers and antennas, applications for towers shall include the following supplemental information: A. A report from a qualified and licensed professional engineer: B. Describing the tower height and design including a cross section and elevation; C. Documenting the height above grade for all potential mounting positions for co-located antennas and the minimum separation distances between antennas; D. Describing the tower's capacity, including the number and type of antennas that it can accommodate; and E. Demonstrating the tower's compliance with all applicable structural and electrical standards and including an engineer's stamp and registration number; F. For all commercial wireless telecommunications service towers, a letter of intent committing the tower owner and successor owners to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use and so long as there is no negative structural impact upon the tower, and there is no disruption to the service provided. " City of Hastings Code Book Chapter 10 Page 22 of 92 DNR IJJATER Fax:651-296-0445 Apr 11 '05 16:46 P.02/05 Minnesota Department of Natural Resources 500 Lafayeuc Road St. Paul, Minlle~ota 55155-4032--- Phonc:(651) 297-2401;.fax 296-0445 .E~mair: . ~dy.fccht@dnr.stlltc.mn.u.~ April 11, 2005 City ofHasti;ngs Planning Commissiol\& City Cowlcil. c/o John Hin;anan . .101 E. 4th St. Hastings, MN 55033 . '.:~':' """ ; ~. . . Dear Meriil?ers:. ,'..' ,', .. ':.., , . .,' .... , , Re:J<DWA Radio Tower Proposal. . MississippiRivCr Critical Area Overlay Di~1rict , , ., Thank you fQr thenotit1cation of the proposed application by KDWA ,to erect a 229 ft. radio tower to be located ,at 1621 E. 4th St., i,1) Sec. 26, Twp. 115, Range 17. We submit the following comments for consi~eration b1 all decision-making and sublnissionfor the. forma.J hearing record. . The proposed site is within the state-designated Mississippi River Critical Area ,Corridor and the federal Mississippi National RiveT and Recreation Area'(MNRRA). The Critica:l Area withb1 this area is classified as Rural ,Open Space District. The :purposes of designating ,the Mississippi 'River and its, Corridorns ~ state Critical Area include protectin~ and preserving a unique and: valuable 'state and . regional resource for the benefit of the cjtizensfor the state, region, and nation; preventing and mitigating irreversible damage; preserving and enhancing its na.tural, aesthetic, cultural, and historical value for public use; protecting and preserving tbe river as an essential element in the national, state and regional .transportatioll,sewer and water and recreational systems; :and protecting ,and preserving the biological and ecological fup,ctions of the Corridor. The Rural Open Space District lands are designatf:d 10 be used ~d deveJopcd .to .preserve their open. scenic and .natural characteristics as well as their primary ecological functions. ' In the case of:Hastings, although a Critical Area Plan within the Comprehensive Plan has been approved by'DNR and adopted, no regulations bave yet been adopted to comply with the minimum standards and guidelines fOf the Critical Area. Under this, situation, local units of government shall grant a . development permit. only if the development :is. specifically permitted. 9Y the Interim Developmeut Regulations (toR) 'of Executive Order 79-19. Procedures for DNRnotification to the Metropolitan. Cow1cil for .review.,un9.er the, Interim Development Regulations I. 2. was doo.e on March 17; no , comments have been received as of this time. . . . It appears tbatvariances will .beneeded from the IDR, in~ddition to the City Code for towers. Unde.. the Interim DeveJopment Regulations, the pr~ject must comply with regulations for:, . . . · Wherever ;there is a conflict between t)1e Interim Devc:lopment Regulations and existing laws or ordinances, the more restrictive-provision shall apply.J,lDRA. 3. b.]. . . . DNRlnforrnalion: 651-296-6157.. 1-888-646-6367 · TTY:65l-296-54~4 · 1.-800-657-3929 A,J1 Equ:.1 OppoTnlnity I!mproyer ft.: . ?rillltd on Recycled Purer CORl:Jining u f." Mini"'\lm 01' 1.0% Jo'osr-Corisu,;'r.rwastc: ..: .; 'J .',' .' .: '!. ~~ \": ,,': I.,' ...' ", D~JR IJJATER Fax:651-296-0445 Apr 11 '05 16:47 P.03/05 RE: KDWA Towcr- Critical Are.l OvtrJayDi~tri~L Page 2 of .t . Under the list of permitted uses: .hl rural open spaee districts, thedwelopment of new cOl1unereial.uses and development shaH be pennittedif: (2) it meets the dimensional standards and criteria in section F. [below) (IDR C. 3.]. The objectives of dimensional standards and criteria are: to maintain the aesthetic integrity and natural environment, to reduce the effect of poorly plannedshoreUne and bluffline development, to minimize. .flood damage, and to prevent soil.erosion. . Grading and f:Llling provisions (IDR E. 1.]. . . . " . . . . '" . . . . · . Vegetation Inanagement provisions, including clea,rcutting shall not be used where soil 'or other watershed . conditions are fragile and subject to injury; the size of clear cut blocks, patches, or strips shan be kept at the minimum necessary; the selective cutting oftreesmaybe'penJ1itt.ed when the cUtting is appropriately spaced and staged so that a conti.nuous natural cover is maintained. (JDR E. 2. a.].' . .In the rura)..openspace: distric:t,uew structures 511.111 be limited to a maximumof..3Sfeet.: [IDRE:5ja.J. ;JAlis;: 3'." .. . tYpeo(land use do~s ,not:i8)l under the:. Critical Area definition of essential~1ce:d.i5tfibl.\ti9D systemsi)r!.:....... :..;. tr.aasmi~!iion ~e~jc'es' t~~be6opsidered in the list of height ~~ccp,tions. . :::.'.< .:.....:, ".~:;':::..' ....... . . . . " . . .~ . 'in'~ral b~e~' sp'a:c~ districts,' the development of new 'cc:>mmercial'uses. and dev~l~p'm~nt:sh~Ubep~itted if it cannot'be seen 'from the normalhighwater mark pn the opposite side of the' river. [IDR F. 7.]. . . . '" · As applicable, co:mpliance with the Fioodplain Management OrdinanCe; W~tJand Conservation Act, and aU other ordinance' provisions. . . . . It appearstbe ,propos~d developmenr'does 'Comply with the dimensional standards fo~ setbacks and piacement of . stTuctures. Howeverjit dgeS not appear tocornply with the dimensional standards .required in F. 5. a. and. . possibly not F.7 and would require one or more approved variances from the Interim DeveloJlment Regulatjol1~. It is unknown whether the proposal complies with the F100dplain Ordinance and Wetland~onservation Act. Variances ma.y only be granted by the. City when in conformance with the hardship prerequisites of MN Statutes, 'Section 462.3 57 and those of the .Critical Area Interim Development Regula.tions I. 3. . For the'lnterilil Development Regulations 13., a dimension variance may begranteCl. on.ly when the fol1owing . fmdings are made following an administrative hearing: . . (1) The Strict 'enforcement':of .the height restrictions or line of sightwi1lresult in unnecessary hardship. "Hardship'" as used in. the consideration of.a dimension variance means that the property in question cannot be put to a reasonable use under the dimension provisions of these interim development regulations; . (2) There are exceptional circumstances unique to the property ~at were not created by a landowner . after April 25, 1975;" . . (3} The d~inension variance does not allow any use that is not a compatible use in the land use district in which the property is located; . (4) Thed~mension variance will not alter the essentiai character of the locality as established by these interim develop~ent regulations; . . (5) The dimension variance would not be co~trary to the intent of the order. . . . Members acting as.a Board of Adjustment on variance decisions should solicit testimony on all of tbe following variance prerequisites trom Mimlesota. Statutes. Weas.k: the Board to consider the' listed statutory prerequisites' ::":": '( " .oJ. DNR IJJATER Fax:651-296-0445 Apr 11 '05 16:47 P.04/05 KB: KDW,\ Tower. Critical Area Overlay Disnicr Pa.ge 3 of4 and posed questions (shqwn in italics) regarding the Critical Area River Corridor. in their final decision. According to the courts, tbe applicant has a heavy burden of prooftoshow that all of the prerequisites have been met. The Board of Appeals and Adjus1Inents has the following statutory powers with respect to variances ancf.the zoning ordinance from MN Statutes, s~ction 394.27, subd. 7: . 1) Variances shall only begrai1ted when.it is demonstra:tedthat such actions will be in keeping with the spir~t and intent of the ordinance. . . '. . . . . . The general purposes and mt~niof the Critic~l Area. Corridor and Rural. Open Space District are stated . above. The pNR-approved Ciry ofIiwtings Plan included rhe statements: .. . . . "The land u.fe de.rignations and policies of the Rural Open Space District are designed to;preserve open . spaee,protect the envi'rontnenrally sensitive. area associated with the eastern portion o/the },.-[133issippi River in Hasting$ and the Vermillion. RiVer slough. and floodplain,al/ow an area Im'fltsidents that. ,. ,.. .> .," de~'ue':.: (l.. ''rUral ,lifestyle without se1'viees,. . and a/low managed. rural.. land. use:,ac!jv.ities"suclt : as: ..... , . . ,. , .'. i.,~,; . ;'.' ,.airic;uJfU1ial~.in in ing and. recreational activities that do not imjiq~tthe e;'\JironmeJ~ii:;.:,:;,;., :';-:..)..:... . '. ..... . The plan for ilie proteCtion and enhancemeni of the.natural res.ouices within :thl Haslings:\Critieal: ,: :Arf!~fNiu?A'Corr:idQr is an impol'tcmt .tlemerlt of the plan. 11;e polici~s in:tJii.<;.~<;ecli~n outline the . . .; . '"..; : " City's intention to balance natura/resource projection within. the ,!nin1aneflviron;nent. Lands within the RurafOpen Space District..thculd he Used in a inanner:fharpreserve.f their .open, . scenic and natural cAaracterislicsas well as their primary ec%gicaljwzclioro'." . . 1s. a 229 ft. iower i'!J harm011)' wirh ,the~'e Executive .order and Plan purposes? 4re t/rere locati01;'" outside of theCritieal Area Overlay District where the use isal/owed? Al"e the ~cenic and natural characteristics and ecological functions preserved? . 2) . Strict enforcement would ca.use undue hardship because of circ\101.stances unique. to tht individual . . property. . . .. . . .Wliat imique drcuinstances of the property and the land itselfcompel the 'fJ(!ed for structures of this height? . . Unduehards~ip means the. .property in question oatlnot be. put to a reasonable use jf used under .conclitions all9wed. by the official controls. . Does the curr,ent landowner have reasonable.use ~f /he.pr~perty, including single-family u.<;e,' currently. without the use of the tower? . . . 4) Undue hardsh,ip means the plight of the landowner is due to circumstances unique to the property not created by thelandownet". . . 3) <:ourt ewes h,ave .fhown that problems peculiar. to the present owners or thei~ individual or economic. desires do not satisfy the preiequisire because they don't 'Telate to the property itself. . What is unique about the actual kind of the individual property? .If rhe problem is common /0 a number ()f propertie.t. in . .the. area or along the river, then it is nor unique to the subject pro]Jerty. Ano/her factor to consider is whether the landowller hod acce-fS to know/edge and information about . ordinance requirements? . . . .. . . . 5) . Vndue.hardshipmeans the variance, if granted, will not alter the essen~al character oftlie localitY. r . . DNR IJJATER Fax:651-296-0445 Apr 11 '05 16:48 P.05/0~ RE: KDWA Tower - Critical Area. Overlay District Page 4 of4 Is the essential open, .vcenic. and natural character .01 the Mississippi River Corridor detrimentally altered if such prohibi~ed $lructure heights are approved and are visible from the river and from within rhe Corridor? Are tlte aesthetic.f (V1d visual appearance of floodplain and trees in the vicinity altered? 6) . Economic considerations alone shall not constitute an undue hardship if a reasonable use of the property exists under the terms. ofthe ordinance. . Does the o}vner have reasonable u,ve ofrhe property; includilJg single-family we. currently? 7) . No variance shall be granted that would permit any.use that is probibitecl in .this ordinance. .. . . . . . . . . . 8) . Undue hardship also includes, but. is not.1imited to, inadeqllate access to direct sunlight for solar :energy .. . .systeIi1s. . . ,I:;.,:: ',n" ;.'~~: '. t'1;' "rwl..'::';'''~;:,'''''' . , . ..~... '. , ',\ '" ~ ,~ ;,", .: i,: ..~,.: :;: : ,;"f .,.' ':','.: ":, '. '.', " ., ;I~:... Not;:alL6Hh~::~rerequisites for v~riance approval cat1notbe met;:'~i,ci"hardship~:has~npt;,:~eenj)rov~d~: Any such .'; .:.., .. :variaiidlptop'Osal is .not in harinony with the purposes ~nd intent ofth~ 'Executive; Oider'and ordinance to protect . ." ..aI1fpreseive the open, scenic ai1dnatural .characteristicsand ecological .atld.biologicaJ.,funetions of the river . .. ., .,. . corridor and enhance the natural and aesthetic value... No view .studi~s \vere'sent that ~how th~ impact on views of . and from the river. orviews within the Conidor and unique floodplain landscape, ~ut the nearly level elevation of the floodplain will make the proposed tower a predominant fea.ture on the Conidor's l.andscape even at such a distance from the river. 'A tower of such height cannot be buffered by existing trees. A tower tbat stands. minimally 140 feet above the existing canopy of trees is not in hannony with the scenic and nat\lral values. . What. are tbe impacts 011 wi\dlife within this high-value floodplain aftlle Mississippi and Vermillion Rivers? M~l1Y reasonabl~ uses of this site ca~ be and. are currently"being achieved by. complying with the ordinance. There are no unique circurnstancesof the property.. Towers are not outright prohibited throughout the City,but structures are regulated within the Corridor to follow the pUIposes of designation and guidelines for the Rural Open Space District. : . Minimization of interference with views of and nom the river is a. key concept for the protection of the Corridor. The essential character of the locality will be altered and contra\y to the intent of the Exe~utive Ord~.. . . . Thank Y~l~ for your ~9nsideration of these comments top;otectand preserve the Mississippi iuver Critical Area Corridor.. A copy ,of alldecisio.ns shall be forwarded to us following the action.. See rOR I. 2. i. and j. .for. additional procedures.: Ple~e let me know if you have any additio~a1 questions. .. . Sincerely, DNR WATERS. /~~ / Hastings Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Pbone 651-480-6178 Fax 651-437-5396 www.ci.bastings.mn.us MEMO From: John Hinzman Kevin D. Smith April 13, 2005 Site visit of Proposed KDW A tower To: Date: Subject: The City Forester, Paul Mahoney, and I did a site visit of the property where the KDW A tower is proposed this morning. We checked the site for an overview of the tree coverage. In the area where we believe the tower is proposed we found the western % to be vegetated by willow approximately 8 inches and less. Then, in the zone along the eastern edge a native flood plain forest exists. The trees in this area are dominated by a mix of Silver Maple & Cottonwood. Many of these are defined in the Tree Preservation Guidelines as significant trees. We estimate that there may be 50-100 significant trees scattered along the eastern y.. of the area. We recommend, if the any of the Silver Maple and Cottonwood (12 inch or larger) need to be removed, that an inventory and tree preservation plan be done by the developer. If the construction only impacts the Willows then the only recommendation is to have a tree preservation fence installed to protect all trees east of the construction zone. " #ciocr~ -l ~ LAND~IJJSI; APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings2 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: &.J f:'./ . Legal Description of Property: Applicant: Name Address Owner (If different from Applicant): Name Address Phone ~ Phone Fax lOt } - tJ '3. ~ - ~ ~ tJ;.). Fax Email ~~... ~ /C...~ ~ u. . Q.. ~ Y'\. Email Description of Request (include site plan, survey, and/or plat if applicable): P'-<<r I'~'r~ jd . Check applicable box(es): Note: All fees and escrow amounts due at time of application. '''-. Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Official Use Only File # ~UJS--lL Fee Paid..s ~x."'C . DO Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 - 10,000 sJ.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 sJ. +: $4000 ($1000 Planning + $3000 Engineering) [PO. (J () Date Rec'd By: ~H~( t:;G1.1l Receipt # ID1 . "I 3 It /0 S 4/23/2003 Date Rec'd App. Complete Phone: (651) 297-2401; fax 296-0445 E-mail: sandy.fecht@dnr.state.nm.us April 18, 2005 City of Hastings City Council c/o John Hinzman 101 E. 4th St. Hastings, MN 55033 Dear Members: Re: KDW A Radio Tower Proposal 1621 E. 4th St., Sec. 26, Twp. 115, Range 17 Mississippi River Critical Area Overlay District Attached are the comments received from the Metropolitan Council regarding the KDW A radio tower proposal, received too late to include with the DNR's April 11 comments faxed and sent by email to Mr. Hinzman. We submit the letter and the following comments for consideration in all decision-making and submission for the formal hearing record. 1. The Metropolitan Council letter notes that the City may need to amend the Comprehensive Plan, and Mississippi River Corridor Plan, to allow the proposed tower to be constructed. In addition to working with the Metropolitan Council on the procedures of amending the Comprehensive Plan, under MN Rules, a local unit of government shall enact only the plans and regulations for a critical area that have the written approval of DNR. Local units of government may amend plans and regulations affecting lands within the Corridor by resubmitting the plans and regulations with any recommended changes to DNR Critical Area Program staff for consideration and approval. We strongly encourage that a local unit of government submit to us detailed wording of any proposed amendments, justification of each amendment's consistency with Executive Order 79-19, impacts of the rezoning or amendment, and detailed information about the proposed project and natural resources. For more complex amendments, we encourage working with us on as many drafts as needed prior to formal submission to ensure Executive Order consistency and smooth the review process. As of this time, I remain the contact for technical assistance, amendment notification, and coordination of approvals for such amendments. When DNR receives any proposed recommended changes from the local unit of government, we then send a copy to Metropolitan Council, who reviews the proposed amendments for consistency with Executive Order 79-19, regional objectives, and the Metropolitan Development Guide. Within 45 days of receipt of formal initiation of review of the amendments [up to a maximum 75 days with extension], the Metropolitan Council shall submit its written evaluation and recommendation to DNR. Within 45 days of receiving the evaluation and recommendation from Metropolitan Council, the DNR shall review and determine whether the amendments are consistent with the provisions of the statutes, rules, and Executive Order 79-19. When DNR has completed the review, it shall either approve the RE: KDWA Tower - Critical Area Overlay District Page 2 of2 amendments by written decision and notify the local unit of government, or return them to the local unit of government for modification with a written explanation of the need for modification. Any amendments returned for modification shall be revised consistent with the direction of DNR and resubmitted to DNR within 60 days. A local unit of government Can enact only the plans, regulations, and amendments that affect the Critical Area that have the written approval ofDNR. II. The previous DNR letter outlined the variances trom the Interim Development Regulations that would be needed for this project within the Mississippi River Critical Area Corridor. Not all of the prerequisites for variance approval Can be met, and hardship has not been proved. Any such variance proposal is not in harmony with the purposes and intent of the Executive Order and ordinance to protect and preserve the open, scenic and natural characteristics and ecological and biological functions of the river corridor and enhance the natural and aesthetic value. No view studies were sent that show the impact on views of and trom the river, or views within the Corridor and unique floodplain landscape, but the nearly level elevation of the floodplain will make the proposed tower a predominant feature on the Corridor's landscape even at such a distance trom the river. A tower of such height cannot be buffered by existing trees. A tower that stands minimally 140 feet above the existing canopy of trees for a total of 226 ft. above ground level is not in harmony with the scenic and naturfll values. Many reasonable uses of this site can be and are currently being achieved by complying with the ordinance. There are no unique circumstances of the property. Towers are not outright prohibited throughout the City, but structures are regulated within the Corridor to follow the purposes of designation and guidelines for the Rural Open Space District. Minimization of interference with views of and trom the river is a key concept for the protection of the Corridor. The essential character of the locality will be altered and contrary to the intent of the Executive Order. III. The previous DNR letter referenced Interim Development Regulations 1. 2. i. and j. for additional procedures: 1. J. Within 30 days after the final action, local units of government and regional and state agencies shall notify the DNR (Environmental Quality Council 1976 - 1995] of the final action on all proposed development listed in section 11 or of emergency actions approved under the provisions of Section 15. When the DNR [Environmental Quality Council 1976 - 1995] has recommended to a local government unit, regional or state agency to modify or to deny a proposed development, and that recommendation is not followed, the proposed development shall not be approved for 30 days after the Council receives notice of fmal action. If the Council appeals the decision to district court, the appeal shall be made within 30 days of receipt notice of final action. When an appeal is made, the development shall not be approved until the appeal process is scheduled. Thank you for YQur consideration of these comments to protect and preserve the Mississippi River Critical Area Corridor and implement the regulations. Sincerely, DNR WATERS Sandy Fecht Critical AreaIMNRRA Hydrologist cc: Metropolitan Council, National Park Service, Area Hydrologist.