HomeMy WebLinkAbout05-02-05
CITY OF HASTINGS
COUNCIL MEETING
Monday, May 2, 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 18, 2005
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 froin the Consent Agenda to the appropriate department for discussion.
1. Pay Bills As Audited
2. Approve 2005 Beverage Agreement with Coca-Cola
3. Resolution-Accept Donation from Lions Club for Party Wagon Purchase
4. Approve Overnight Use of Vermillion Falls Park by the South East Metro Amateur
Radio Club on June 25 to 26, 2005
5. Approve Contract for Repair of City Hall Roof Stack
6. Approval to Seek Bids for Civic Arena Roof Repair
7. Resolution-Approve Gambling Premises Permit for West Sl Paul Commercial
Club at the Coliseum, 1840 Vermillion Street
8. Approve Change Order #1 for LeDuc Mansion Parking Lot-Subsurface
Drainage System Addition and Removal of Poor Soils
9. First Reading and Order Public Hearing-Centerpoint Energy Gas Franchise
Agreement
10. First Reading and Order Public Hearing-Ordinance Amendment #2005-17:
Shoreland Ordinance Impervious Surface Coverage.
11. First Reading and Order Public Hearing-Rezoning #2005-25:....1 to DC for Block
1 (HRAlSherman)
12. First Reading and Order Public Hearing to Amend City Code Section 2.18:
Heritage Preservation Commission
13. Approve Dedication of City Property for Canine Training Area
14. Resolution-5upporting and Participating in Dakota County Traffic Safety Project
15. Approve Joint Powers Agreement for Dakota County Traffic Safety Project
16. Resolution-Home Occupation Permit #2005-20 at 118 Farm Street (David
Doffing)
VII. AWARDING OF CONTRACTS & PUBLIC HEARING:
VIII. REPORTS FROM CITY STAFF:
A. Public Works
1. Presentation of Water Quality and Production Study Results and
Request for Authorization to Drill Two Test Wells
2. Presentation of Low System Water Modeling Results and Outline
of Water Trunk Main Capital Improvement Plan
B. Planning
1. Review of Proposed Terms for Sherman Agreement
2. Resolution-Site Plan/SUP #2005-07: Three Rivers Place Phase
1 at Block 2 Downtown
3. Resolution-Variance #2005-26: Sideyard Setback at 703 East 2nd
Street (Sherry)
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 16, 2005
Hastings, Minnesota
City Council Minutes
April 18, 2005
The City Council of the City of Hastings, Minnesota met in a.(~gular meeting on Monday,
April 18, 2005 at 7:00 p.m., in the City Hall Council Chambers at Hastings City Hall, 101 East 4th
Street, Hastings, Minnesota.
Members Present:
Mayor Werner, Councilmembers Alongi, Hazlet, Hicks, Moratzka,
Riveness, and Schultz
None
City Administrator Dave Osberg, City Attomey Shawn Moynihan,
Planning Director John Hinzman, HRA Director John Hinzman, and
Assistant City Administrator Melanie Mesko Lee,
Members Absent:
Staff Members Present:
Approval of Minutes
Mayor Werner asked if there were any corrections or additions to the minutes of the regular
meeting of April 4, 2005. Hearing none, the minutes Vllere approved as presented.
Presentations
John Moynihan: Eagle Scout Award
The City Council recognized John Moynihan, who recently achieved the rank of Eagle
Scout.
Waste Management Recycling
Randy Triplett from Waste Management presented a check in the amount of $685.65 to
Girl Scout Troop #518 for recycling over 45 tons. The next group will be Boy Scout Troop #503.
Triplett also presented a recycling rebate check to the City of Hastings for recycling 477
tons in the first quarter of 2005.
Consent Agenda
Moved by Councilmember Riveness seconded by Councilmember Schultz to approve the
Consent Agenda as amended.
7 Ayes; Nays, None.
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-Contractors 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: Tiller Corporation (Commercial
Asphalt, Barton Sand at 2445 Co Rd 54
10. Parks Budget Transfer-Roadside Park
11. Parks Budget Transfer-Roadside Tennis Courts
Copies of resolutions on file.
Minutes of the Regular Meeting of April 18, 2005
Page 2 of 4
Second Reading/Ordinance Amendment-Ordinance Amendment #2005-18: DC Zoning
District Uses
Planning Director Hinzman stated that the public hearing for this action was held on April 4,
2005, at which time the City Council tabled consideration. For further action, the City Council will
need to remove this item from the table. Hinzman stated that the request is to amend the City Code
to allow residential on the first floor in certain areas of downtown upon special use permit approval.
Buildings fronting 2nd Street between Vermillion Street and the CP Railroad tracks would be
prohibited from allowing residential use on the first floor. Hinzman stated that the changes are
consistent with the Design Guidelines for Original Hastings, which outlines suggested building uses
per floor. Hinzman also stated that the Planning Committee of the Council has reviewed the
proposed changes and raoommends approval.
Moved by Council member Moratzka, seconded by Councilmember Alongi to remove the item
from the table for discussion.
7 Ayes; Nays, none.
Councilmember Alongi stated that this gives the City an opportunity to review whether the
current standards are too restrictive.
Council member Riveness stated opposition with the ordinance amendment, noting that there
is not enough retail proposed.
Council member Moratzka noted that the action before the City Council is an ordinance
amendment, not a specific development proposal.
Mayor Werner stated concern with the possibility that Phase II of the proposed development
on Block 2 may not proceed. He stated that there are no financial assurances by the developer of
Block 2 that the Pha~e II (retail) portion will proceed following approval of the Phase I (residential)
portion.
Councilmember Schultz stated that she would like consistency in how each developer is
treated.
Councilmember Hicks stated that while the City can control the property it owns and that
there are no guarantees from developers, this is valuable real estate that the Council is considering
for redevelopment.
Councilmember Hazlet stated that market studies and other information has showed that
residential is a necessary component of downtown redevelopment.
Moved by Council member Hicks, seconded by Councilmember Moratzka to approve the
ordinance amendment as presented.
6 Ayes; Nays, one. Councilmember Riveness voting against.
Resolution-Site Plan #2005-22: South Oaks 2nd and 3rt! Townhomes (Greg Jablonske)
Planning Director Hinzman stated that the Planning Commission has lecommended
approval of the project. Hinzman stated that neighborhood concerns were expressed over the
density and screening. Atlditional architectural interest on the back sides ofthe buildings and
additional landscaping has been proposed by the applicant.
Moved by Councilmember Schultz, seconded by Councilmember Riveness to approve
the site plan as presented.
7 Ayes; Nays, none.
Copy of resolution on file.
Resolution-Home Occupation Permit #2605-21: Skips Sprinklers at 1261 Southview Drive
(Mark Linneman)
Planning Director Hinzman stated that two letters in opposition to the permit renewal have
been received. He stated that there had been previous issues with the licensee, but that no
complaints have been received since Fall of 2003. This approval is for a one-year provisional
license; it will come back before the City Council next year for review.
Minutes of the Regular Meeting of April 18, 2005
Page 3 of4
Councilmember Moratzka stated that this is an example of why the City adopted a two-tiered
home occupation licensing process. She stated that she does not foresee a problem with issuing
the license as requested.
Councilmember Riveness asked what is the standard for when a business no longer
qualifies for a home occupation and when they must move to a commercial location.
Hinzman stated that when there is an impact on the neighborhood through traffic, storage,
etc., then a home occupation is no longer appropriate.
Moved by Councilmember Moratzka, seconded by Councilmember Hicks to approve the
home occupation permit as presented.
7 Ayes; Nays, none.
Resolution-Minor Subdivision/SUPNariance #2005-19: KDWA Radio Tower Relocation at
1621 East 4th Street (K&M Broadcasting)
Planning Director Hinzman stated that the request is to relocate a radio tower to property
south of 1621 East 4th Street. A vadance is needed due to the height of the structure, and a special
use permit is required to allow a tower in the F-W Floodway Zoning District. Hinzman stated that the
DNR has review authority and a 30-day appeal period after any City approval. Staff and the
Planning Commission recommend approval.
Councilmember Moratzka asked whether additional towers can be added to this structure.
Hinzman stated that due to the nature of the tower, affixing other antennas is not feasible.
Clarence Chapman, 623 East 3rd Street and speaking on behalf of the East Side Hastings
Improvement Association, stated that the organization does not oppose the tower location, but
would like it stipulated that no other antennas or other structures be permitted to be attached to this
tower.
Bess Freeman, 502 East 15t Street, questioned the tower's impact on wildlife and who will be
monitoring access to the tower.
Steve Lehtola, 1506 East 4th Street, questioned whether an environmental assessment
should be conducted before approval.
Dan Massman of KDWA, the applicant, stated that numerous studies conducted cannot find
any proof that AM radio towers cause adverse affects on wildlife or people. He stated that KDWA's
range of a maximum of 1,000 watts is fairly low. He stated that repair of the current tower would
cost more than relocating to this location.
Councilmember Alongi requested assurance that, if this relocation is approved, that the
existing tower will be removed.
Council member Moratzka stated she would not support the action for relocation because she
is not convinced that the proposed site is not located in a V\etland or wetland setback.
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the
subdivision request as presented.
6 Ayes; Nays, one. Councilmember Moratzka voting against.
Copy of resolution on file.
Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve the
variance with two friendly amendments that nothing else be permitted to be affixed to the structure
and that the existing tower be removed within a reasonable amount of time after relocation of the
tower. The resolution not to be in effect until after the 30 day comment period offered to the eNR.
6 Ayes; Nays, one. Councilmember Moratzka voting against.
Copy of resolution on file.
Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the
special use permit as requested, effective following the 30 day comment period offered to the DNR.
6 Ayes; Nays, one. Councilmember Moratzka voting against.
Copy of resolution on file. /
Minutes of the Regular Meeting of April 18, 2005
Page 4 of 4
Comments from the Audience
Jackie Boler, 402 West 7th Street and member of the HPC, stated that the HPC did not
approve any development proposals for the downtown redevelopment. The HPC was asked to
comment on the external appearance of the buildings.
Ms. Boler suggested that the two developers working downtowr:\ should pool any TIF monies
to building underground parking and rooftop gardens.
Adjournment
Moved by Councilmember Alongi; seconded by Council member Hicks to adjourn the meeting
at 8:23 p.m.
7 Ayes; Nays, None.
ATTEST
City Clerk
Mayor
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To: City Council
From: Becky Kline, Finance Department
Date: 04/26/2005
The attached Department Report itemizes vouchers that were paid on
April 26,2005.
Thank you.
Date: 04/26/2005
Time: 08:15:24
Operator: BECKY KLINE
Page, 1
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
FINANCE
FINANCE
LEGAL
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
M.LS.
M.LS.
M.LS.
M.LS.
POLICE
POLICE
POLICE
POLICE
POLICE
L.E.L.S. PAYROLL DEDUCTIONS
LOCAL UNION 49 PAYROLL DEDUCTIONS
MN CHILD SUPPORT PMT CASE 00138614701 & 00007
MN CHILD SUPPORT PMT CASE 001435452601
TEAMSTERS 320 WELFAR PAYROLL DEDUCTIONS
Total for Department 000
IKON OFFICE SOLUTION QTRLY MAINT CHARGE
OFFICE MAX - A BOISE COpy PAPER/PUNCHED
OFFICE MAX - A BOISE OFFICE SUPPLIES
Total for Department 105
DEERFIELD SEMINARS MESKO-LEE/ REGISTRATION
GOVT TRAINING SERVIC MESKO-LEE/ CONF REG
LABORATORY CORPORATI RANDOM DRUG SCREEN/ BIRK
LABORATORY CORPORATI RANDOM DRUG SCREEN/ SCHU
MINN UC FUND UNEMPLOYMENT/ R STOFFLE
MONSTER, INC JOB POSTINGS
FRED PRYOR SEMINARS SEMINAR/ LATHAM
FRED PRYOR SEMINARS SEMINAR/ SCHROEDER
Total for Department 107
WISC. DEPT. OF REVEN BUS REGISTRATION RENEWAL
WORK CONNECTION INC KAISER/WEEK ENDING 4-10
Total for Department 120
FLUEGEL & MOYNIHAN P LEGAL FEES
Total for Department 130
FERGUSON ENTERPRISES PLUMBING SUPPLIES/ FD
NALCO COMPANY BOILER CHEMICALS / CH
NALCO COMPANY BOILER CHEMlCALS/ CH
ROCHESTER MIDLAND CO BATHROOM SUPPLIES
ROCHESTER MIDLAND CO CANCELED SERVICES
STATE SUPPLY CO GEN'L SUPPLIES
STATE SUPPLY CO PLUMBING SUPPLIES/FD
T . D. 'S CLEANING APRIL CLEANING
TOWER CLEANING SYSTE CH/ CLEANING SERVICES
Total for Department 140
INSIGHT PUBLIC SECTO NOTEBOOK CASE
!NSIGHT PUBLIC SECTO RACK SHELVES
INSIGHT PUBLIC SECTO SERVER RACK
INSIGHT PUBLIC SECTO UPS
Total for Department 160
BUREAU OF CRIMINAL A FORENSIC LAB TRAINING
CITY OF ST. PAUL SSCHARFE/. CRITICAL INCI
CITY OF MPLS. MARCH/ AUTOMATED PAWN
DELL DIRECT SALES L. COMPUTER ITEMS
GALLS, INC. MUNSON/ UNIFORM ALLOWANC
592.00
270.00
460.54
238.57
520.00
2,081.11*
1,104.74
28.64
161.39
1,294.77*
169.00
199.00
36.75
36.75
61.47
1,020.00
149.00
149.00
1,820.97*
10.00
308.00
318.00*
11,250.00
11,250.00*
34.74
617.29
775.10
1,194.93
-1,001.63
83.33
263.36
1,150.80
1,196.21
4,314.13*
23.24
174.32
439.62
1,229.73
1,866.91*
350.00
125.00
153.00
637.14
155.98
-.,':'J"
Date: 04/26/2005
Time: 08:15:24
Operator: BECKY KLINE
Page: 2
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
KISSNER, CARY L. SETUP CHEVY TAHOE/ K-9 D
LEXIS NEXIS ONLINE RESEARCH
MILLER I< HOLMES, INC SQUAD CAR WASHES
OFFICE MAX - A BOISE OFFICE SUPPLIES
SOUTH EAST TOWING IN TOW SUSPECT VEHICLE
STREICHER'S RED TRAINING GLOCK
TERRY'S ACE HARDWARE SIGN
Total for Department 201
BUILDING AND INSPECT CANEFF TAMRA REFUND OVERPAY RENTAL LI
BUILDING AND INSPECT NEXTEL COMMUNICATION CELL PHONE SERVICE
BUILDING AND INSPECT SOUTH EAST TOWING OF TOW CROWN VIC #806
BUILDING AND INSPECT TERRY'S ACE HARDWARE DUP KEYS
Total for Department 230
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
PUBLI C WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLI C WORKS
PUBLIC WORKS
PUBLIC WORKS
LE DUC MANSION
LE DUC MANSION
MISCELLANEOUS
MISCELLANEOUS
BARR ENGINEERING CO. REVIEW/ RAVINE DRAINAGE
BOYER FORD TRUCKS SUPPLIES
BUMPER TO BUMPER FLASHERS
FERRELLGAS PROPANE
HASTINGS FORD-JEEP-E BRAKE KITS
HASTINGS FORD-JEEP-E CREDIT-PAID 2 X
HASTINGS FORD-JEEP-E SWITCH
INTERSTATE DETROIT D TRANSMISSION FILTERS
KIMBALL-MIDWEST PAINT
MN BODY" EQUIPMENT DEFROSTER FAN
PRAXAIR DISTRIBUTION OXYGEN
SIDELINE SIGNS I< GRA LETTERING
TERRY'S ACE HARDWARE BOLTS
TERRY'S ACE HARDWARE CONCRETE MIX
TERRY'S ACE HARDWARE FOAM
TERRY 1 S ACE HARDWARE HOLDER
TERRY I S ACE HARDWARE LUBE
TERRY I S ACE HARDWARE PAINT
TERRY'S ACE HARDWARE SUPPLIE
TERRY'S ACE HARDWARE SUPPLIES
UNLIMITED SUPPLY INC WASHERS/ CLAMPS
Total for Department 300
SECURITY RESPONSE SE LEDUC
SECURITY RESPONSE SE LEDUC/ FIRE HORN INSTALL
Total for Department 450
LEAGUE/MN CITIES INS DEDUCTIBLE/ M SAWICKI
LEAGUE/MN CITIES INS DEDUCTIBLE/ MURR
Total for Department 600
Total for Fund 101
PARKS AND RECREATION AMERICAN RED CROSS FIRST AID TRAINING SUPPL
PARKS AND RECREATION CEMSTONE PRODUCTS CO WALLIN SIDEWALK /
''<..4"
5,382.79
110.00
187.50
195.78
90.53
55.27
1.60
7,444.59*
28.00
181.73
58.58
6.37
274.68*
380.64
11.70
4.24
117.15
91. 46
-6.18
12.59
434.52
114.76
47.68
50.99
115.00
4.05
38.21
7.43
3.93
29.23
8.50
12.17
107.73
35.93
1,621. 73*
75.00
226.13
301.13*
1,005.03
145.85
1,150.88*
33,738.90*
101.68
101.85
Date: 04/26/2005
Time: 08:15:24
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 3
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
PARKS AND RECREATION IKON OFFICE SOLUTION QTRLY MAINT CHARGE
PARKS AND RECREATION IND. SCHOOL DISTRICT JMF TOWELS
PARKS AND RECREATION LOCAL UNION 49 PAYROLL DEDUCTIONS
PARKS AND RECREATION METRO ATHLETIC SUPPL BALL FIELD SUPPLIES
PARKS AND RECREATION MN DEPT/LABOR & INDU PRESSURE VESSEL REGISTRA
PARKS AND RECREATION NATURE CALLS INC TOILET RENTAL
PARKS AND RECREATION TERRY'S ACE HARDWARE BATTERY TERMINALS
PARKS AND RECREATION TERRY'S ACE HARDWARE BOLTS
PARKS AND RECREATION TERRY'S ACE HARDWARE CLEVIS
PARKS AND RECREATION TERRY'S ACE HARDWARE HARDWARE
PARKS AND RECREATION TERRY'S ACE HARDWARE HEX NUTS
PARKS AND RECREATION TERRY'S ACE HARDWARE PIPE/
PARKS AND RECREATION TERRY'S ACE HARDWARE SWITCH/ BATTERIES
PARKS AND RECREATION TERRY'S ACE HARDWARE SWITCH/ BLADE
PARKS AND RECREATION TERRY'S ACE HARDWARE SWITCHES/ CONNECTORS
PARKS AND RECREATION TERRY I S ACE HARDWARE TOOLS
PARKS AND RECREATION TOWER CLEANING SYSTE CLEANING SERVICE
PARKS AND RECREATION TURF SUPPLY COMPANY BAGS/ PRIMO
PARKS AND RECREATION VIKING ELECTRIC SUPP LAMPS/ VETS PARK
PARKS AND RECREATION YOCUM OIL CO INC DIESEL FUEL
PARKS AND RECREATION YOCUM OIL CO INC DRUM DEPOSIT
PARKS AND RECREATION YOCUM OIL CO INC UNLEADED FUEL
Total for Department 401
Total for Fund 200
PARKS AND RECREATION GRAPHIC DESIGN SWIM LESSON FLYER
Total for Department 401
Total for Fund 201
HERITAGE PRESERVATIO IKON OFFICE SOLUTION QTRLY MAINT CHARGE
Total for Department 170
Total for Fund 210
LOCAL 320
PAYROLL DEDUCTIONS
Total for Department 000
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FASTENAL COMPANY SHOP SUPPLIES
FIRE INSTRUCTORS ASS LATCH/ SECOND FIRE COMMA
IKON OFFICE SOLUTION QTRLY MAINT CHARGE
MOTOR PARTS SERVICE GREASE FIT
MOTOR PARTS SERVICE HALOGEN LAMP/ 1482
MOTOR PARTS SERVICE PARTS/ 1495
NEXTEL COMMUNICATION CELL PHONE CHARGES
Total for Department 210
AMBULANCE
AMBULANCE
BOYER FORD TRUCKS BRAKE KIT/ 1463
MOTOR PARTS SERVICE FILTERS/ 1463
-i':"':
517.59
49.65
120.00
894.87
10.00
285.90
2.53
4.00
5.85
25.88
8.38
5.91
24.14
24.13
54.50
36.80
500.55
985.13
1,355.02
1,499.02
-42.60
642.43
7,213.21*
7,213.21*
48.99
48.99*
48.99*
522.67
522.67*
522.67*
921. 00
921. 00*
164.16
53.20
541.49
15.18
6.04
113 .66
208.56
1,102.29*
105.00
26.70
Date: 04/26/2005
Time: 08:15:25
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 4
Department Vendor Name Description Amount
AMBULANCE
-------------------- -------------------- ------------------------ ------------
REGINA MEDICAL CENTE MARCH / SUPPLIES
Total for Department 220
Total for Fund 213
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 301
ECONOMIC DEVELOPMENT YAGGY COLBY ASSOCIAT PREP/IND PARK NO 7 PLAT
Total for Department 180
Total for Fund 407
PUBLIC WORKS
PUBLIC WORKS
BARR ENGINEERING CO. BAILEY / STORM SEWER
BARR ENGINEERING CO. ZWEBER LANE
Total for Department 300
Total for Fund 495
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 520
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 521
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 522
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 523
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 597
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 598
:,'''.f
419.08
550.78*
2,574.07*
200.00
200.00*
200.00*
1,210.60
1,210.60*
1,210.60*
834.00
2,251.50
3,085.50*
3,085.50*
200.00
200.00*
200.00*
200.00
200.00*
200.00*
200.00
200.00*
200.00*
200.00
200.00*
200.00*
200.00
200.00*
200.00*
200.00
200.00*
200.00*
Date: 04/26/2005
Time: 08:15:25
operator: BECKY KLINE
Page: 5
Department Vendor Name Description Amount
CITY OF HASTINGS
PM Entry - Invoice Payment - Department Report
DEBT
-------------------- -------------------- ------------------------ ------------
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
DEBT
PUBLIC WORKS
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
CITY CLERK
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 599
D R HORTON REFUND OVERPAY
CARL JEANETTE REFUND OVERPAY
ENDRES GREG REFUND OVERPAY
SYLVANDER STEVE REFUND OVERPAY
M W JOHNSON REFUND OVERPAY
TJC BUILDERS REFUND OVERPAY
IKON OFFICE SOLUTION QTRLY MAINT CHARGE
LOCAL UNION 49 PAYROLL DEDUCTIONS
MSC INDUSTRIAL SUPPL CHAIN/ GUAGES
MSC INDUSTRIAL SUPPL SLINGS
OTTO EXCAVATING, INC REPLACE FIRE HYDRANT
T.D. 'S CLEANING APRIL CLEANING
TERRY'S ACE HARDWARE SHIPPING
TERRY'S ACE HARDWARE SUPPLIES
U.S. POSTMASTER CYCLE 1 POSTAGE
Total for Department 300
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE SE
Total for Department 700
Total for Fund 600
CONNELLY INDUSTRIAL LABOR LIFT STATIONS
Total for Department 300
Total for Fund 601
BOYER FORD TRUCKS PUMP ASY
CHOICEPOINT SERVICES RANDOM DRUG TESTINGS
HASTINGS FORD-JEEP-E PAD FOR BRAKE PEDAL
LOCAL UNION 49 PAYROLL DEDUCTIONS
MN BODY" EQUIPMENT HEATER SWITCH
MOTOR PARTS SERVICE WIPER BLADES/T-1
Total for Department 107
Total for Fund 610
PARKS AND RECREATION TERRY'S ACE HARDWARE JACK HAMMER
PARKS AND RECREATION TERRY'S ACE HARDWARE MASKING TAPE
PARKS AND RECREATION TERRY'S ACE HARDWARE VAC BELTS
PARKS AND RECREATION TERRY'S ACE HARDWARE WIRE TIES
Total for Department 401
Total for Fund 615
.i'~~'
200.00
200.00*
200.00*
27.00
7.50
7.50
7.50
3.25
8.25
593.95
150.00
154.02
158.72
1,808.00
319.50
6.06
55.57
1,004.30
4,311.12*
200.00
200.00*
4,511.12*
496.17
496.17*
496.17*
156.99
48.00
10.32
120.00
18.68
20.52
374.51*
374.51*
39.78
14.32
6.69
4.78
65.57*
65.57*
Date: 04/26/2005
Time: 08:15:25
Operator: BECKY KLINE
Page: 6
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description Amount
-------------------- -------------------- ------------------------ ------------
Grand Total
:"..."
30.00
105.18
135.18*
SE 200.00
200.00*
335.18*
174.50
174.50*
174.50*
55,950.99*
PUBLIC WORKS
PUBLIC WORKS
LOCAL UNION 49 PAYROLL DEDUCTIONS
TERRY'S ACE HARDWARE SUPPLIES
Total for Department 300
DEBT
SPRINGSTED PUBLIC FI CONTINUING DISCLOSURE
Total for Department 700
Total for Fund 620
PUBLIC WORKS
BARR ENGINEERING CO. RIVERWOOD H & H
Total for Department 300
Total for Fund 807
Date: 04/28/2005
Time: 09: 30: 04
operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name Description
COUNCIL AND MAYOR
COUNCIL AND MAYOR
-------------------- -------------------- ------------------------
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
ADMINISTRATION
CITY CLERK
CITY CLERK
CITY CLERK
FINANCE
FINANCE
FINANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
MAINTENANCE
PLANNING
PLANNING
M.I.S.
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
POLICE
DAKOTA COUNTY TREAS- 2005 TRUTH IN TAXATION N
SPRINT TELEPHONE/APR
Total for Department 102
FARMER BROS CO. COFFEE
GRAPHIC DESIGN ENVELOPES/ DOG LICENSE
METRO AREA MNGR ASSN MAMA LUNCHEON/ OSBERG
OFFICE MAX - A BOISE DATER
OFFICE MAX - A BOISE INK CARTRIDGE
OFFICE MAX - A BOISE PENS
OFFICE MAX - A BOISE SUPPLIES
OSBERG, DAVID M. EXPENSE REIMBURSEMENT/JT
SPRINT TELEPHONE/APR
S << T OFFICE PRODUCT PAPER
Total for Department 105
INT'L PERSONNEL MGMT IPMA/HR MEMBERSHIP
MESKO LEE, MELANIE EXPENSE REIMBURSEMENT
SPRINT TELEPHONE/APR
Total for Department 107
SPRINT
STARK, CHARLENE
WORK CONNECTION INC
Total for
TELEPHONE/APR
EXPENSE REIMBURSEMENT
KAISER/ WEEK ENDING 4-17
Department 120
CRAMER BLDG SERVICE CHILLER MAINT
ORKIN PEST CONTROL PEST CONTROL
SPRINT TELEPHONE/APR
XCEL ENERGY MONTHLY ELECTRICITY/ MAR
Total for Department 140
HINZMAN JOHN
SPRINT
EXPENSE REIMBURSEMENT
TELEPHONE/APR
Total for Department 150
SPRINT
TELEPHONE/APR
Total for Department 160
ACCURATE RADAR SPECI RADAR CALIBRATION
HASTINGS VEHICLE REG TABS/ 2001 FORD CROWN VI
MCMENOMY, MICHAEL EXPENSE REIMBURSEMENT
MN CHIEFS OF POLICE GUN PERMIT FORMS
NEXTEL COMMUNICATION CELL PHONE/ DRUG TASK FO
PETERSEN, ROXANN UNIFORM ALLOWANCE
SPRINT (CELL PHONES) MDT VISION CARDS
SPRINT TELEPHONE/APR
Total for Department 201
BUILDING AND INSPECT GALLS, INC.
BUILDING AND INSPECT LANGER RONALD
BADGE HOLDERS
EXPENSES REIMBURSED
VI-1
Page: 1
Amount
------------
1,705.26 ~.':"~
13.48
1,718.74*
26.99
99.05
18.00
21.29
49.37
10.14
658.17
8.07
198.53
32.74
1,122.35*
145.00
55.50
13.48
213.98*
100.75
43.22
292.60
436.57*
302.00
91. 30
42.66
2,419.56
2,855.52*
177.51
67.40
244.91*
26.96
26.96*
320.00
9.50
357.98
57.20
51.17
40.42
1,033.71
687.28
2,557.26*
23.63
29.35
Date: 04/28/2005
Time: 09:30:05
operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Department Vendor Name
Description
-------------------- --------------------
------------------------
BUILDING AND INSPECT NEXTEL COMMUNICATION CELL PHONE SERVICE
BUILDING AND INSPECT SPRINT TELEPHONE/APR
BUILDING AND INSPECT WALMART COMMUNITY COMPACTFLASH
Total for Department 230
SAFETY COMMITTEE
OSBERG, DAVID M. EXPENSE REIMBURSEMENT!SA
Total for Department 240
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLI C WORKS
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
BOYER FORD TRUCKS LIGHTING
FASTENAL COMPANY SAFETY TOOL
KENNEDY & GRAVEN, CH PROF SERVICES!GAS FRANCH
MACQUEEN EQUIPMENT, ROLLER CHAIN
PRAXAIR DISTRIBUTION ACETYLENE
RUEDY, CALVIN EXPENSE REIMBURSEMENT
SOLBERG AGGREGATE CO LIMEROCK
SPRINT DATA CONNECTIONS
SPRINT TELEPHONE!APR
UNITED PARCEL SERVIC SHIPPING
WALMART COMMUNITY CD CASES
WALMART COMMUNITY CLEANING SUPPLIE
WEBER, DOUGLAS SAFETY BOOTS
WINGFOOT COMMERCIAL TIRES/ MOUNTINGS
XCEL ENERGY MONTHLY ELECTRICITY/ MAR
Total for Department 300
MISCELLANEOUS
LEAGUE/MN CITIES INS DEDUCTIBLE / LAWSUIT
Total for Department 600
Total for Fund 101
REFUND! LEVEE PARK RENTA
BRIDGE REPAIR! TIERNEY P
TAPE
TREE CITY AWARDS
DATA CONNECTIONS
TELEPHONE/APR
SUPPLIES
MONTHLY ELECTRICITY! MAR
for Department 401
PARKS AND RECREATION KLOOZ MELISSA
PARKS AND RECREATION MIRACLE RECREATION E
PARKS AND RECREATION SHERWIN-WILLIAMS
PARKS AND RECREATION SMITH KEVIN
PARKS AND RECREATION SPRINT
PARKS AND RECREATION SPRINT
PARKS AND RECREATION WALMART COMMUNITY
PARKS AND RECREATION XCEL ENERGY
Total
Total for Fund 200
PARKS AND RECREATION LAB SAFETY SUPPLY CO safety supplies
PARKS AND RECREATION RECREATION SUPPLY CO TUBING
PARKS AND RECREATION SPRINT TELEPHONE/APR
PARKS AND RECREATION WALMART COMMUNITY CONCESSION SUPPLIES
PARKS AND RECREATION XCEL ENERGY MONTHLY ELECTRICITY/ MAR
Total for Department 401
Total for Fund 201
Page: 2
Amount
------------
.":"'1
195.91
82.88
42.30
374.07*
26.00
26.00*
602.97
173.16
912.50
23.82
86.02
967.16
572 . 16
149.29
224.38
26.61
23.08
7.52
150.00
1,063.16
354.57
5,336.40*
268.75
268.75*
15,181.51*
53.25
166.98
37.96
16.50
298.58
271.26
42.49
691.37
1,578.39*
1,578.39*
89.46
12.54
122.36
52.56
1,092.90
1,369.82*
1,369.82*
Date: 04/28/2005
Time: 09:30:05
operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 3
Department Vendor Name Description Amount
SPRINT
-------------------- -------------------- ------------------------ ------------
CABLE
TELEPHONE/APR
Total for Department 420
Total for Fund 205
HERITAGE PRESERVATIO SMITH, CINDY EXPENSE REIMBURSEMENT
HERITAGE PRESERVATIO SPRINT TELEPHONE/APR
HERITAGE PRESERVATIO WALMART COMMUNITY PHOTO REPRINTS
Total for Department 170
Total for Fund 210
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
FIRE
EMERGENCY APPARATUS REPAIR/ FIRE ENG #1482
FAIR OFFICE WORLD OFFICE SUPPLIES
GELHAR JAMES EXPENSE REIMBURSEMENT
JEFFERSON FIRE & SAF VEHICLE EXRICATION CD /
MOTOR PARTS SERVICE PARTS/ FIRE TRUCK 1480
SPRINT TELEPHONE/APR
TERRY'S ACE HARDWARE SHOP SUPPLIES
TERRY'S ACE HARDWARE STATION SUPPLIES
XCEL ENERGY MONTHLY ELECTRICITY/ MAR
Total for Department 210
AMBULANCE
AMBULANCE
DIVERSIFIED ADJUSTME MARCH COLLECTION FEE
PRAXAIR DISTRIBUTION OXYGEN
Total for Department 220
Total for Fund 213
PARKS AND RECREATION SOUTHERN COATING SYS REPAIR ROADSIDE PARK SLI
Total for Department 401
Total for Fund 401
HOUSING AND REDEVELO BRADLEY & DEIKE PA GARDNER HOUSE/ RESEARCH
HOUSING AND REDEVELO BRADLEY & DEIKE PA UBC - IND PARK/ LEGAL TI
HOUSING AND REDEVELO TITAN SITE FURNITURE BENCHES/ PUBLIC IMPROVEM
Total for Department 500
Total for Fund 402
PA ABOO/ PURCHASE L1B1
FINANCIAL SERVlCES/COMMU
FINANCIAL SERVICES/PUB I
TELEPHONE/APR
Total for Department 500
HOUSING AND REDEVELO BRADLEY & DEIKE
HOUSING AND REDEVELO EHLERS & ASSOC
HOUSING AND REDEVELO EHLERS & ASSOC
HOUSING AND REDEVELO SPRINT
Total for Fund 404
ECONOMIC DEVELOPMENT BRADLEY & DEIKE PA MIDWEST PROD/ IND PARK
~J..4
13.48
13.48*
13 .48*
256.54
13.48
8.09
278.11*
278.11*
1,301.82
6.07
35.29
69.76
20.56
559.98
79.88
80.55
625.45
2,779.36*
217.12
170.84
387.96*
3,167.32*
5,979.50
5,979.50*
5,979.50*
37.50
400.00
1,111.09
1,548.59*
1,548.59*
500.00
75.00
487.50
13.48
1,075.98*
1,075.98*
312.50
Date: 04/28/2005
Time: 09:30:05
Operator: BECKY KLINE
Page: 4
Department Vendor Name Description Amount
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
-------------------- -------------------- ------------------------ ------------
ECONOMIC DEVELOPMENT BRADLEY & DEIKE PA UBC - IND PARK! LEGAL TI
Total for Department 180
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
CITY CLERK
CITY CLERK
CITY CLERK
Total for Fund 407
ASSOC CONSTRUCTION P 05-01 DAKOTA HILLS AD FO
MN DEPARTMENT OF HEA 05-01 DAKOTA HILLS PLAN
MN DEPARTMENT OF REA 05-2 ZWEBER PLAN REVIEW
Total for Department 300
Total for Fund 495
BARR ENGINEERING CO. PROF SERVICES/ WELLHEAD
BERRY COFFEE COFFEE
DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACID
SERCO, LABS CONSUMER CONFIDENCE REPO
SPRINT DATA CONNECTIONS
SPRINT TELEPHONE!APR
TKDA ENGINEERS SYSTEM MODELING ASSISTAN
XCEL ENERGY MONTHLY ELECTRICITY! MAR
Total for Department 300
Total for Fund 600
BRAUN PUMP & CONTROL PUMP REPAIR LABOR
Total for Department 300
Total for Fund 601
BOYER FORD TRUCKS
BOYER FORD TRUCKS
SPRINT
BRAKE KIT
REPAIR TURN SIGNA;L
TELEPHONE!APR
Department 107
Total for
Total for Fund 610
PARKS AND RECREATION SPRINT
PARKS AND RECREATION SPRINT
PUBLIC WORKS
PUBLIC WORKS
PUBLIC WORKS
PLANNING
DATA CONNECTIONS
TELEPHONE!APR
Total for Department 401
Total for Fund 615
K.R. WEST CO. INC. COMPUTER CARDS! SWITCH!
SPRINT TELEPHONE/APR
WALMART COMMUNITY DEHUMIDIFIER
Total for Department 300
Total for Fund 620
BDM CONSULTING ENGIN SO OAKS 2
:."~~
400.00
712.50*
712.50*
212.10
150.00
150.00
512.10*
512.10*
892.01
22.00
384.96
1,500.00
149.29
130.03
891.01
354.56
4,323.86*
4,323.86*
4,602.95
4,602.95*
4,602.95*
102.00
175.50
17.48
294.98*
294.98*
298.58
103.48
402.06*
402.06*
2,661.03
42.66
130.86
2,834.55*
2,834.55*
62.50
Date: 04/28/2005
Time: 09:30:06
Operator: BECKY KLINE
CITY OF HASTINGS
FM Entry - Invoice Payment - Department Report
Page: 5
Department Vendor Name Description Amount
PLANNING
-------------------- -------------------- ------------------------ ------------
HOUSING AND REDEVELO
HOUSING AND REDEVELO
EHLERS & ASSOC ABDO CONF/ COOK
Total for Department 150
BRADLEY & DEIKE PA
EHLERS & ASSOC
Total
SHERMAN/FINANCE AND TIF
FINANCIAL SERVICES/SHERM
for Department 500
Total for Fund 807
Grand Total
87.50
150.00*
837.50
2,062.50
2,900.00*
3,050.00*
46,925.70*
',.,:..:
May 2, 2005
Mayor Werner
VI-2
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.ci.hastings:~n.us
Date:
4/19/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Beverage Agreement with Coke
Background Information:
The City Attorney and City Staff have met with representatives from the Coca-Cola
Corporation to discuss an agreement. After negotiations, I have enclosed a final proposal
from Coca-Cola.
It is my recommendation to approve this agreement that extends five years from March 1,
2005.
Council Action Requested:
1. To approve the proposed agreement
2. Not to approve the agreement
3. Send back to committee for further discussion
REF: City Council/memo 2005 coca cola agreement
"
AGREEMENT
This Agreement ("Agreement") is between Coca-Cola Enterprises Inc. d/b/a Midwest Coca-
Cola, a Delaware corporation (hereinafter referred to as "Bottler"), and the City of Hastings, a
Minnesota Municipal Corporation (hereinafter referred to as "City").
WHEREAS, City owns and operates various Facilities, located in the City of Hastings
("Facility") and has the authority to offer certain exclusive advertising and beverage availability
rights in such Facilities over a five (5) year term; and
WHEREAS, Bottler desires to advertise certain of Bottler's beverage products and that its
beverages be made available for sale in such Facilities.
NOW, THEREFORE, in consideration of the acts and promises contained herein, the parties
hereby agree as follows:
A. Defined Terms.
1. "Beverages" shall mean all carbonated and non-carbonated nonalcoholic
beverages, including but not limited to, carbonated soft drinks; mixers;
flavored and unflavored packaged and fluid replacement drinks (sometimes
referred to as "sports drinks"); iced coffee and iced tea drinks; and all drink
or beverage. bases, whether in the form of syrups, powders, crystals,
concentrates or otherwise, from which such drinks and beverages are made.
2. "Products" shall mean Beverages sold or marketed by the Bottler.
3. "Competitive Products" shall mean all Beverages that are not Products.
4. "Facilities" shall mean and include the entire premises of the buildings and
recreational areas of the Hastings Aquatic Center, Hastings Civic Arena,
Hastings Skate Park and Park Shelters as approved by the City.
B. ResDonsibilities of Bottler. Bottler hereby promises that it shall:
1
1. Pay City an aggregate of Twenty-Seven Thousand Dollars ($27,000.00) to be
paid in five annual installments. Fifteen Thousand Dollars ($15,000.00) shall
be paid within thirty (30) days trom the date this Agreement is fully executed.
Three Thousand Dollars ($3,000.00) shall be paid annually starting on the
first anniversary.
2. Pay City a total of Three Thousand Dollars ($3,000.00) for marketing
activation and premiums during the term of this Agreement. Such funds
shall be paid at a rate of$600.00 per year on or before each anniversary. Any
amounts not used in one year shall be rolled over and available to be used the
next year, in addition to that year's allotment.
The amounts set forth in 1 and 2 shall be collectively referred to herein as
"Sponsorship Fees". Such Sponsorship Fees shall be deemed earned evenly
over the entire Term.
3. Pay City a monthly commission on cash collected (less taxes, applicable fees,
and any government imposed deposits) from Beverage vending sales at the
Facilities. Commission rates and initial vend prices are set forth in Exhibit
A. Commission rates will decrease by one percent (1 %) each year beginning
, on the date of the second anniversary.
4. Insurance. Maintain sufficient insurance to adequately protect Bottler's
equipment. City shall not be responsible for any damage to Bottler's
equipment except damage which is directly caused by the negligence of
City's employees or agents.
C. Responsibilities of City. City hereby promises that it shall:
1. Cause the Products (specifically including, Coca-Cola, Coca Cola Classic,
diet Coke, Sprite, diet Sprite, Fruitopia, Minute Maid juices and soft drinks,
and POWERADE) purchased from Bottler to be the only Beverages sold or
made available at the Facilities, including all concessions, coolers and
vending machine locations. No competitive products shall be made available
in the Facilities.
2. Cause all menu boards, Equipment (as defined herein) and concessions
dispensing Beverages on the premises of the Facilities to carry advertising
panels mentioning Products which are clearly visible to the purchasing
public.
3. Use and cause all concessionaires to use Coca-Cola trademark cups
purchased from Bottler.
4. Grant exclusive Beverage advertising rights in the Facilities to Bottler and not
grant advertising rights at the Facility with respect to any competitive
products.
2
5. Grant to Bottler the exclusive Beverage vending rights at the Facilities. City
agrees that Bottler shall have the right to place Beverage vending machines in
mutually agreed upon locations at the Facilities. Bottler agrees that all
Beverage vending machines shall be equipped with dollar bill validators.
6. Allow access by Bottler personnel to change its advertising messages in the
Facilities, such changes to be in Bottler's sole, discretion and at Bottler's
expense.
7. Grant to Bottler first right of refusal of any similar agreement regarding
advertising and Beverage availability rights.
D. Pricinl!. City shall be entitled to purchase bottle/can Products from Bottler in
accordance with the schedule set forth in Exhibit B. Such prices shall remain in
effect during the first year of Agreement. Thereafter, prices are subject to increase at
a rate not to exceed more than three percent (3%) over the previous year's prices.
Any changes in pricing shall be submitted in writing to City thirty (30) days prior to
such price changes taking effect. '-
E. EQuiDment.
1. During the Term, Bottler will loan to City, at no cost that Beverage
dispensing equipment reasonably required and as mutually agreed upon to
dispense Beverages at the Facilities and any additional equipment reasonably
required by City in order to replace broken, defective or worn out Beverage
dispensing equipment ("Equipment").
2. City agrees that it will execute any DCC Financing Statements, or other
documents evidencing Bottler's ownership of the Equipment, upon request of
Bottler. The Equipment may not be removed from the Facilities without
Bottler's written consent, and City agrees not to encumber the Equipment in
any manner or permit the Equipment to be attached thereto except as
authorized by Bottler.
F. Term and Termination.
1. The term of this Agreement shall be for a period of five (5) years from March
1,2005 ("Term").
2. If City fails to perform any of the promises set forth in this Agreement, then
as an option but not as its sole remedy, Bottler may terminate this Agreement,
and City shall (i) return the Equipment to Bottler, and (ii) pay to Bottler,
3
within ten(10) days, a pro rata portion ofthe prepaid Sponsorship Fees.
3. Notwithstanding the other provisions of this Agreement, if any federal, state
or local law, rule, regulation or order prohibits, restricts, or in any manner
interferes with the sale or advertising of Beverages at any time during the
Term of this Agreement then as an option but not as its sole remedy, Bottler
may terminate this Agreement and City shall (i) return the Equipment to
Bottler, and (ii) pay to Bottler, within ten (10) days, a pro rata portion of the
prepaid Sponsorship Fees.
4. City represents and warrants that it has full right and authority to enter into
this Agreement and to grant and convey to Bottler the rights set forth herein.
Upon expiration or revocation of such authority, then as an option but not its
sole remedy, Bottler may terminate this Agreement, and City shall (i) return
the Equipment to Bottler, and (ii) pay to Bottler, within then (10) days, a pro
rata portion ofthe prepaid Sponsorship Fees.
5. Bottler shall have the right to withhold and not pay further Sponsorship Fees
Of any other amounts which may become payable to City pursuant to this
Agreement if (i) City has failed to perform its obligations hereunder, (ii)
Bottler=s rights hereunder have been lost, limited or restricted; or (iii) there
exists a bona fide dispute between the parties.
G. Miscellaneous. This Agreement and its Exhibits constitutes the entire understanding
of the parties and no terms may be altered or waived except by the mutual written
consent of both parties. This Agreement may not be assigned by or otherwise
conveyed by City without Bottler's written consent. Each of the parties hereto agrees
that it will, in its performance of its obligations hereunder, fully comply with all
applicable laws, regulations and ordinances of all relevant authorities and shall obtain
all licenses, registrations or other approval required in order to fully perform its
obligations hereunder.
BOTTLER: CITY:
By: By:
Printed Name: Printed Name:
Title: Title:
Date: Date:
4
"
5
By:
Date:
Melanie Mesko Lee
Assistant City Administrator/City Clerk
.,'~:
(SEAL)
EXHIBIT A
Commission Schedule
PACKAGE COMMISSION RATE
:'CVEND PRICE
20 ounce bottles (carbonated) 35%
15.2 ounce bottles Guice) 35%
20 ounce bottles (POWERADE) 35%
20 ounce bottles (packaged waters) 35%
$1.25
$1.25
$1.25
$1.25
Such vend prices shall remain in effect during the first year of the Agreement. Thereafter, Bottler
has the right to increase vend prices on an annual basis. Any changes in vend prices shall be
submitted in writing to City thirty (30) days prior to such vend price changes taking effect.
Commission Rates will decrease by 1 % annually starting on the date of the second anniversary.
EXHIBIT B
Pricing Schedule
PRODUCT PACKAGE UNITS PER CASE PRICE PER CASE
:
Soft drinks 20oz. bottle 24 $18.00
Soft drinks 12oz.can 24 $ 7.55
Minute Maid juices 15.2oz. bottle 24 $20.40
Minute Maid juices 11.5oz. can 24 $15.50
Minute Maid Refreshment 20oz. bottle 24 $18.00
POWERADE 20oz. bottle 24 $18.00
POWERADE 32oz. bottle 12 $15.00
Dasani Water 20oz. bottle 24 $15.00
Dasani Water 24oz. sport cap 24 $17.35
Dasani Water 12oz. bottle 24 $ 7.30
Chippewa Water 20oz. bottle 24 $15.00
Bag in the Box 5.0 gallon 1 $45.00
Bag in the Box
(soft drinks) 2.5 gallon 1 $23.00
Bag in the Box
(Non Carb) 2.5 gallon 1 $30.00
20lb Co2 Tank 20lbs. 1 $20.00
20lb Co2 Tank-deposit $75.00
VI-3
Hastings Parks and Recreation Department
920 W. 10th Street
Hastings, MN 55033
Phone 651-480-6175 Fax 651-437-5396
www.ci.hastings.mn.ns
Date:
4/19/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Lions Club Contribution
Background Information:
The Lions Club would like to donate $11,000 to the City of Hastings over a two year
period to secure the purchase of a Lions Club/Parks ad Recreation Party Wagon.
The Party wagon will be used by residents to promote community and an avenue to get to
know your neighbors without the stress of gathering all the necessary items to host such
an event. The party wagon will be reserved and maintained through the Parks and
Recreation Department and also stored at the Joint maintenance facility.
The Lions Club Proposes to donate $2,500 in May, $3000 in July and the remainder in
2006.
I am requesting the council approve this donation, project and budget adjustment.
Council Action Requested:
1. To approve the proposed program
2. Not to approve the program
3. Send back to committee for further discussion
REF: City Council/~mo 2005 party wagon repayment schedule
/
VI-4
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:
4/19/05
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Picnic Reservation
Background Information:
I received a picnic request from resident Gary Esler who is associated with the South East
Metro Amateur Radio Club. The radio club wishes to utilize Vermillion Falls Park and
shelter from Saturday, June 25 to Sunday, June 26. I have enclosed a letter and the park
reservation form from this group.
The issue is that they would like to remain in the park overnight. City ordinance 9.84
Subd. 2 Park Curfew states "It is unlawful for unauthorized persons to enter or remain
in parks between the hours of 10:00 PM and 6:00 AM." Subd. 3 of City ordinance
further states, "Subd. 3. Authorized Persons. All persons shall be unauthorized unless
they are:...B. Participating in an activity sponsored by an individual or group association
to whom the City has issued a written permit."
This group is seeking council approval to wave the park curfew ordinance for their event.
Council Action Requested:
1. To approve the proposed event
2. Not to approve the event
3. Send back to committee for further discussion
REF: City CounciVmemo 2005 park curfew variance
Memorandum
VI-5
To:
From:
Re:
Date:
Mayor Werner and City Councilmembers
Melanie Mesko Lee, Assistant City Administrator
Award of Contract for Repair of City Hall Chimney
April 28, 2005 ,'c,
Council Action Reauested:
Approve entering into a contract with Building Restoration Corporation (BRC) to repair
the chimney at City Hall.
Background Information: .
The City Council approved a budget transfer request of $20,000 on April 18, 2005 to
perform this repair. Staff is requesting award of contract for the work to commence. The
repair work is expected to cost no more than $19,332.
VI-6
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
'0':"':
Date:
4/27/04
To:
Honorable Mayor and City Council Members
From:
Barry Bernstein, Parks and Recreation Director
Subject:
Ceiling Repair at Civic Arena
Background Information:
The Parks and Recreation Department is seeking authorization from the City Council to
seek bids to repair and paint the ceiling in the west rink at the Civic Arena. Money has
been appropriated for the 2005 budget year.
Council Action Requested:
1. To approve seeking bids
2. Not to approve to seek bids
3. Send back to committee for further discussion
REF: City Council/memo 2005 arena ceiling repair
MEMORANDUM
I
VI-7
To:
From:
Date:
Re:
Mayor Werner & Councilmembers
Melanie Mesko Lee, Assistant City Administrator
April 27, 2005
Resolution-Application for Premises Permit by West Sl Paul Commercial
Club to Conduct Gambling at the Coliseum, 1840 Vermillion Street
'.,:..:
Council Action Reauested:
Adopt the attached resolution that approves the application by the West St. Paul Commercial
Club for a gambling premises permit to conduct gambling at the Coliseum, 1840 Vemillion
Street.
Backaround:
The West St. Paul Commen:::ial Club has made application for a premises permit for lawful
gambling at the Coliseum Bar & Grill, located at 1840 Vermillion Street. The applicant has paid
the required fee and has been made aware of the reporting and donation requirements
established by the City Council.
Attachments:
Resolution approving a Lawful Gambling Premises Permit Application.
/
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 05-_-05
RESOLUTION APPROVING APPLICATION BY THE
WEST ST. PAUL COMMERCIAL CLUB FOR A
PREMISES PERMIT APPLICATION FOR LAWFUL GAMBLING
AT THE COLISEUM BAR & GRILL, 1840 VERMILLION STREET, HASTINGS
WHEREAS, the West St. Paul Commercial Cub has made application for a license to
conduct lawful gambling at the Coliseum Sports Bar & Grill, 1840 Vermillion Street, Hastings,
MN 55033; and
WHEREAS, the premise application would permit raffles, paddlewheels, tip boards, and
pull-tabs; and
WHEREAS, the West St. Paul Commercial Cub shall comply with all applicable laws
governing lawful gambling, including the requirement for 50% of lawful gambling expenditures to
be used for lawful purposes with the City of Hastings trade area.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that
the Mayor and Assistant City Administrator/City Clerk are authorized and directed to sign this
resolution and forward it to the Minnesota Department of Gaming, Gambling Control Division,
showing approval of this application for a Premises Permit to the West St. Paul Commercial Cub
at the Coliseum, 1840 Vermillion Street, Hastings, MN 55033.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 2nd DAY OF
MAY 2005.
Ayes:
Nays:
Absent:
Michael D. Werner, Mayor
Melanie Mesko Lee, Assistant City Administrator/City Clerk
(SEAL)
VI-8
MEMO
'-.,:..:
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
April 28, 2005
Change Order #1, LeDuc Mansion Parking Lot
Enclosed, please find a draft copy of Change Order #1 for the LeDuc Mansion
parking lot construction. As excavation for the parking lot commenced, the soil beneath
the lot proved t() be unstable and unable to support the parking lot as expected. Soil
borings taken to a depth of 10 feet last fall showed silty sand that should have easily
supported the parking lot. However, there appears to be a confining clay layer
somewhere more than 10 feet deep that is trapping water in the silty sand, weakening this
material. Last fall when the borings were taken, the silty sand was dry. This spring, the
silty sand is saturated from snowmelt and spring rains.
The proposed change order will correct the problem by installing a drain tile
system beneath the parking lot and replacing an additional 2.5 feet of material with well
draining granular fill (clean sand) and a gravel base augmented through use of
bituminous millings from a stockpile at the Public Works Garage.
The Engineering Department is currently negotiating prices with the contractor,
Midwest Asphalt, for these additional work items. We will attempt to have the
negotiated prices and completed change order before the Council at the start of Monday's
Council meeting. We are fast tracking the change order process in order tot.eep the
project moving forward in recognition of the May 22nd grand opening. .
COUNCIL ACTION REQUESTED
Council is requested to approve Change Order #1 to the LeDuc Mansion parking
lot project.
-
ern' OF 1lASTlR6S
City of Hastings
Le Duc Historic Site Improvements
CHANGE ORDER # 1 '.c,
Contractor: Midwest Asphalt Corporation
City Project: 2005-4
Address: PO Box 5477
Hopkins, MN 55343
Location: Hastings, Minnesota
In accordance with the terms of this Contract, you are hereby authorized and instructed to perfonn the Work as altered by the
.filnwin" nrnvi~inn~
Description of Changes : You are directed to proceed with the addition of the following work
scope in accordance with the contract documents as supplemented by the attached
Supplemental Plans and Specifications. Additional quantities and work shall be paid for wholly
as detailed by the following quantities and prices:
MnDOT Item Unit Unit Price Estimated Total
Number Amount
2105.522 Select Granular Borrow Mod. 10% (P) CY 1550
2105.521 Recycled Aggregate Material From City Stockpile (P) CY 750
2503.541 4" PE Perforated Pipe Drain (P) LF 860
2503.601 12" RC Pipe Sewer Des 3006 Class V LUMP SUM 1
2506.501 Construct Drainage Structure Des 48-4020 EACH 1
2105.601 Street Restoration LUMP SUM 1
2105.501 Excavation of Unsuitable Material (P) CY 2300
NET CHANGE IN CONTRACT
$ xx.xxx.xx
JUSTIFICA nON:
During the excavation operations for the parking lot it was found that the sub grade soil
conditions were not adequate to sustain the load proposed by the plans. These deleterious soils
were not only saturated but a perched water table created a wet surface condition, which
represents changed site conditions from those encountered in earlier investigative studies and
from those represented by the contract documents.
Braun Intertec performed an analysis of the soil conditions encountered by the contractor. They
recommended that the unsuitable materi~ should be removed down to an existing sand layer
Change Order No. 1
City Project 2005-4
Page 10f2
approximately four feet below the top of the proposed parking lot. Braun Intertec also concluded
that drain tile be placed along the top of the existing sand layer drain subsurface water from the
sub grade soils under the parking lot and access driveway. Backfill operations should include the
placement of 24 inches of a select granular material (sand) and 12 inches of recycled aggregate
mateqal. wh,ich is available at no cost to the contrrctor from the Citv stockfile.
The amount of the Contract will be (Increased) By the Sum Of: ___I'.
Dollars ($x.xxxx.xx).
The Contract Total including this and previous Chapge Orders Will Be: .,IJ1111..'
Dollars ($xx.xxx.xx)
The Contract Period Provided for Completion Will Be (Unchanged or ??? are added): -0- Days.
This document will become a supplement to the contract and all provisions will apply hereto.
Accepted
Contractor's Authorized Representative
(Date)
Approved
Acting City Engineer
(Date)
Attachments:
Exhibit A showing the location of the proposed drain tile and applicable notes.
Exhibit B showing the proposed cross section of the parking lot and access road.
Change Order No. 1
City Project 2005-4
Page 2 of2
NOTES
THE CONTRACTOR SHALL NOT USE
PROPOSED PARKING LOT ENTRANCE AS
HAUL ROAD
HAUL ROAD LOCATION SHALL BE APPROVED
BY THE ENGINEER PRIOR TO USE
THE CONTRACTOR SHALL BE REQUIRED TO
EXCAVATE UNSUITABLE MATERIAL FROM THE
SUBGRADE WITH A BACKHOE
A 12" RCP CASING SHALL ENCASE THE 4"
DRAIN TILE, WHICH SHALL BE PLACED IN 12"
RCP CASING BELOW 17TH STREET. THE END
OF THE RCP PIPE SHALL BE WRAPPED IN
FABRIC TO RETARD THE MIGRATION OF FINES
INTO THE PIPE. FABRIC FROM THE WRAPPING
AND AROUND THE DRAINTILE SHALL EXTEND
5 FEET PAST THE BELL WHERE IT SHALL BE
SECURED TO THE RCP BY CONCRETE
ENCASEMENT.
INSTALLATION OF DRAIN TILE UNDER ITEM
2503.541, 4" PE PERFORATlED PIPE DRAIN,
SHALL INCLUDE THE COST OF FILTER
AGGREGATE AND GEOTEXTlLES
EXCAVATE EXISTING SOIL TO A DEPTH OF
36" BELOW PROPOSED CLASS 5, SEE PLANS.
SOIL CORRECTION AREA SHALL EXTEND 4'
BEYOND PROPOSED BITUMINOUS SURFACES
THE CONTRACTOR SHALL BE RESPONSIBLE
FOR THE DISPOSAL OF UNSUITABLE
MA TlERIAL OFFSITE. THIS WORK SHALL BE
CONSIDERED INCIDENTAL TO THE ITlEM
2105.501, EXCAVATION OF UNSUITABLE
MA TERIAL
ANY CLAIMS FOR DOWNTIME SHALL BE
INCLUDED IN UNIT COSTS UNDER THIS
CHANGE ORDER.
THE CONTRACTOR SHALL BE REQUIRED TO
MATCH THE EXISTING 17TH STREET SECTION
OR PLACE 4" OF BITUMINOUS AND 8" OF
CLASS 5, WHICHEVER IS GREATER. THIS
WORK SHALL BE CONSIDERED INCIDENTAL TO
THE ITlEM 2105.601, STREET RESTORATION
rEV3M
CONSULTING ENGINEERS, PLC
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LE DUC HISTORIC SITE
IMPROVEMENTS
~
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~
CITY PROJECT 2005-4
o 50
PROPOSED STREET
SECTION, SEE PLAN
RECYCLED GRANULAR
MATERIAL FROM CITY 12"
STOCKPILE
SELECT GRANULAR-
BORROW MOD. 10% 24"
MNDOT SPEC 3149.28
EXISTING GROUND
f
11"
4" PERFORATED HOPE
DRAIN TILE WITH
GEOTEXTILE WRAP
MNDOT SPEC 3733
_ <I . . .
. ."". ....::.~.....~... "4~ "'~.'~'
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...
'~:. .~~..' . ... ~~. ~. .~...: :.:.~..,,::.. .~~ <I
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~ MIN 24"
NOTES:
DRAIN TILE INSTALLATION SHALL BE
PERFORMED PER MNDOT SPEC 2502
ACTUAL DEPTHS OF EXCAVATION TO
BE DETERMINED IN THE FIELD BY
THE ENGINEER
Varies
f
MIN 12"
Lay drair:1 tile as flat as
possible from storm MH
@ +1-796.0 Feet AMSL
COARSE FILTER
AGGREGATE
MNDOT SPEC
3149.2H
WRAP FILTER
AGGREGATE WI
GEOTEXTILE FABRIC
MNDOT SPEC 3733
(MIN 12" OVERLAP)
There shall be a
minimum of 4"
FILTER AGG placed
below the drain tile
EXHIBIT B: DRAIN TilE INSTAllATION DETAil
"
MEMO
VI-9
...;:....:
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
April 28, 2005
First Reading and Order Public Hearing - Centerpoint Gas Franchise
Agreement
Centerpoint's Gas Franchise Agreement with the City expired in March. City
staff and Centerpoint have been working since December to prepare a new franchise
agreement and I have enclosed the proposed language for the new franchise agreement.
As with the electric franchise agreements, the gas franchise agreement is actually an
ordinance amendment, updating the existing gas franchise agreement located in Chapter
12 of the City Code. James Strommen, the attorney for the Suburban Rate Authority,
who prepared the League of Minnesota Cities model franchise agreement and has drafted
several franchise agreements for other communities, has also reviewed the gas franchise
agreement. Mr. Strommen did note that the City should also adopt a right of way
ordinance to better regulate and control use of the City right of ways. Staff will be
drafting a right of way ordinance for Council review later this year.
COUNCIL ACTION REQUESTED
Council is requested to approve a first reading and order a public hearing on the
proposed revised ordinance for the May 16th Council meeting.
- -
cIn' OF 1IASTlN6S
CenterPoint Energy
Gas Franchise Ordinance
"':"'1
ORDINANCE NO.
CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA
AN ORDINANCE GRANTING CENTERPOINT ENERGY RESOURCES CORP.,
d/b/a CENTERPOINT ENERGY MINNESOTA GAS ("CENTERPOINT
ENERGY"), ITS SUCCESSORS AND ASSIGNS, A NONEXCLUSIVE
FRANCHISE TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN
FACILITIES AND EQillPMENT FOR THE TRANSPORTATION,
DISTRIBUTION, MANUFACTURE AND SALE OF GAS ENERGY FOR PUBLIC
AND PRIVATE USE AND TO USE THE PUBLIC WAYS AND GROUNDS OF
THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA, FOR SUCH
PURPOSE, AND, PRESCRIBING CERTAIN TERMS AND CONDITIONS
THEREOF.
THE CITY COUNCIL OF THE CITY OF HASTINGS, DAKOTA COUNTY,
MINNESOTA, ORDAINS:
SECTION 1. DEFINITIONS.
FOR PURPOSES OF THIS ORDINANCE, THE FOLLOWING CAPITALIZED TERMS
LISTED IN ALPHABETICAL ORDER SHALL HAVE THE FOLLOWING MEANINGS:
City. The City of Hastings, County of Dakota, State of Minnesota.
City Utility System. Facilities used for providing public utility service owned or
operated by City or agency thereof, including but not limited to sewer, storm sewer,
water service, street lighting and traffic signals, but excluding facilities for providing
heating, lighting, or other forms of energy.
Commission. The Minnesota Public Utilities Commission, or any successor
agency or agencies, including an agency of the federal government, which preempts all or
part of the authority to regulate gas retail rates now vested in the Minnesota Public
Utilities Commission.
Company. CenterPoint Energy Resources Corp., d/b/a CenterPoint Energy
Minnesota Gas ("CenterPoint Energy"), its successors and assigns including all
successors or assigns that own or operate any part or parts of the Gas Facilities subject to
this franchise.
Gas Facilities. Gas transmission and distribution pipes, lines, ducts, fixtures, and
all necessary equipment and appurtenances owned or operated by the Company for the
purpose of providing gas energy for public or private use.
Notice. A writing served by any party or parties on any other party or parties.
Notice to Company shall be mailed to CenterPoint Energy, V'p.,cRegulatory and Supply
Service, 800 LaSalle Avenue, Minneapolis, Minnesota 55402. Notice to the City shall be
mailed to City Administrator, City of Hastings, 101 East 4th Street, Hastings, Minnesota
55033. Any party may change its respective address for the purpose of this Ordinance by
written notice to the other parties.
Public Way. Any right-of-way within the City, as defined by Minn. Stat. ~
237.162, subd. 3.
Public Ground. Land owned or otherwise controlled by the City for park, open
space or similar public purpose, which is held for use in common by the public.
SECTION 2. ADOPTION OF FRANCHISE.
2.1 Grant of Franchise. City hereby grants Company, for a period of 20
years from the date this Ordinance is passed and approved by the City, the right to
import, manufacture, distribute and sell gas for public and private use within and through
the limits of the City as its boundaries now exist or as they may be extended in the future.
For these purposes, Company may construct, operate, repair and maintain Gas Facilities
in, on, over, under and across the Public Ways and Public Grounds, subject to the
provisions of this Ordinance. Company may do all reasonable things necessary or
customary to accomplish these purposes, subject however, to such reasonable regulations
as may be imposed by the City pursuant to ordinance or permit requirements and to the
further provisions of this franchise agreement.
2.2 Effective Date; Written AcceDtance. This franchise shall be in force and
effect from and after its passage of this Ordinance and publication as required by law and
its acceptance by Company. If Company does not file a written acceptance with the City
within 60 days after the date the City Council adopts this Ordinance, or otherwise
informs the City, at any time, that the Company does not accept this franchise, the City
Council by resolution may revoke this franchise or seek its enforcement in a court of
competent jurisdiction.
2.3. Service and Gas Rates. The service to be provided and the rates to be
charged by Company for gas service in City are subject to the jurisdiction of the
Commission.
2.4. Publication EXDense. Company shall pay the expense of publication of
this Ordinance.
2.5. Dispute Resolution. If either party asserts that the other party is in
default in the performance of any obligation hereunder, the complaining party shall notify
the other party of the default and the desired remedy. The notification 'shall be written.
Representatives of the parties must promptly meet and attempt in good faith to negotiate
a resolution of the dispute. If the dispute is not resolved within 30 days of the written
notice, the parties may jointly select a mediator to facilitate ilirther discussion. The
parties will equally share the fees and expenses of this mediator. If a mediator is not used
or if the parties are unable to resolve the dispute within 30 days after first meeting with
the selected mediator, either party may commence an action in District Court to interpret
and enforce this franchise or for such other relief as may be permitted by law or equity.
2.6. Continuation of Franchise. If the City and the Company are unable to
agree on the terms of a new franchise by the time this franchise expires, this franchise
will remain in effect until a new franchise is agreed upon, or until 90 days after the City
or the Company serves written Notice to the other party of its intention to allow the
franchise to expire. However, in no event shall this franchise continue for more than one
year after expiration of the 20-year term set forth in Section 2.1.
SECTION 3. LOCATION. OTHER REGULATIONS.
3.1. Location of Facilities. Gas Facilities shall be located, constructed, and
maintained so as not to interfere with the safety and convenience of ordinary travel along
and over Public Ways, not to disrupt normal operation of any City Utility System, and
not to interfere with other areas within or on the Public Way that the City deems
necessary for current or future planned development. Gas Facilities may be located on
Public Grounds as determined by the City. Company's construction, reconstruction,
operation, repair, maintenance, location and relocation of Gas Facilities shall be subject
to other reasonable regulations of the City consistent with authority granted the City to
manage its Public Ways and Public Grounds under state law, to the extent not
inconsistent with a specific term of this franchise.
3.2. Street Openine:s. Company shall not open or disturb the surface of any
Public Way or Public Ground for any purpose without first having obtained a permit from
the City, if required by a separate ordinance, for which the City may impose a reasonable
fee. Permit conditions imposed on Company shall not be more burdensome than those
imposed on other utilities for similar facilities or work. Company may, however, open
and disturb the surface of any Public Way or Public Ground without a permit if (i) an
emergency exists requiring the immediate repair of Gas Facilities and (ii) Company gives
telephone, email or similar notice to the City before commencement of the emergency
repair, if reasonably possible. Within two business days after commencing the repair,
Company shall apply for any required permits and pay any required fees.
Notwithstanding emergency work, all applicable conditions of the permit shall be
complied with
3.3. Restoration. After Undertaking any work requiring working within any
Public Way, the Company shall restore the Public Way in accordance with Minnesota
Rules, part 7819.11 00 and applicable City ordinances consistent with law. Company
shall restore the Public Ground to as good a condition as formerly existed, and shall
maintain the surface in good condition for twelve (12) months thereafter. All work shall
be completed as promptly as weather permits, and if Company shall not promptly
perform and complete the work, remove all dirt, rubbish, equipme.nt and material, and put
the Public Ground or Public Way in the said condition, the City:shall have, after demand
to Company to cure and the passage of a reasonable period of time following the demand,
but not to exceed five days, the right to make the restoration of the Public Ground at the
expense of Company. Company shall pay to the City the cost of such work done for or
performed by the City. This remedy shall be in addition to any other remedy available to
the City for noncompliance with this Section 3.3. The Company shall also post a
construction performance bond consistent with the provisions of Minnesota Rules parts
7819.3000 and 7819.0100, subpart 6. .
3.4. Avoid Dama~e to Gas Facilities. The Company must take reasonable
measures to prevent the Gas Facilities from causing damage to persons or property. The
Company must take reasonable measures to protect the Gas Facilities from damage that
could be inflicted on the Facilities by persons, property, or the elements. The Company
must take protective measures when the City performs work near the Gas Facilities, if
given reasonable notice by the City of such work prior to its commencement.
3.5. Notice of Improvements to Streets. The City will give Company
reasonable written Notice of plans for improvements to Public Ways where the City has
reason to believe that Gas Facilities may affect or be affected by the improvement. The
notice will contain: (i) the nature and character of the improvements, (ii) the Public
Ways upon which the improvements are to be made, (iii) the extent of the improvements,
(iv) the time when the City will start the work, and (v) if more than one-Public Way is
involved, the estimated order in which the work is to proceed. The notice will be given
to Company a sufficient length of time, considering seasonal working conditions, in
advance of the actual commencement of the work to permit Company to make any
additions, alterations or repairs to its Gas Facilities the Company deems necessary.
3.6 Mappin~ Information. The Company must promptly provide complete
and accurate mapping information for any of its Gas Facilities in accordance with the
requirements of Minnesota Rules Parts 7819.4000 and 7819.4100.
SECTION 4. RELOCATIONS.
4.1. Relocation in Public Ways. The Company shall relocate its facilities or
equipment at its own expense whenever the City .in the proper exercise of its police
power shall grade, regrade, change the line or otherwise improve any Public Way or
Public Ground or construct or reconstruct any City utility system therein and shall, with
due regard to seasonal working conditions, order the Company to relocate permanently
its facilities or equipment located in said street, alley, public way or public ground. The
City shall give the Company reasonable notice of plans requiring such relocation.
4.2. Relocation in Public Grounds. City may require Company at
Company's expense to relocate or remove its Gas Facilities from Public Ground upon a
finding by City that the Gas Facilities have become or will become an impairment to the
existing or proposed public use of the Public Ground. Relocation shall comply with
applicable city ordinances consistent with law.
:..:
4.3. Proiects with Federal Fundine:. Relocation, removal, or rearrangement
of any Company Gas Facilities made necessary because of the extension into or through
City of a federally-aided highway project shall be governed by the provisions of
Minnesota Statutes Section 161.46.
SECTION 5. INDEMNIFICATION.
5.1. Indemnitv of City. Company shall indemnify and hold the City harmless
from any and all liability, on account of injury to persons or damage to property
occasioned by the construction, maintenance, repair, inspection, the issuance of permits,
or the operation of the Gas Facilities located in the Public Ways and Public Grounds.
The City shall not be indemnified for losses or claims occasioned through its own
negligence except for losses or claims arising out of or alleging the City's negligence as
to the issuance of permits for, or inspection of, Company's plans or work.
5.2. Defense of City. In the event a suit is brought against the City under
circumstances where this agreement to indemnify applies, Company at its sole cost and
expense shall defend the City in such suit if written notice thereof is promptly given to
Company within a period wherein Company is not prejudiced by lack of such notice. If
Company is required to indemnify and defend, it will thereafter have control of such
litigation, but Company may not settle such litigation without the consent of the City,
which consent shall not be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the City. The Company, in
defending any action on behalf of the City, shall be entitled to assert in any action every
defense or immunity that the City could assert in its own behalf This franchise
agreement shall not be interpreted to constitute a waiver by the City of any of its defenses
of immunity or limitations on liability under Minnesota Statutes, Chapter 466.
SECTION 6. VACATION OF PUBLIC WAYS.
THE CITY SHALL GIVE COMPANY AT LEAST TWO WEEKS PRIOR WRITTEN
NOTICE OF A PROPOSED VACATION OF A PUBLIC WAY. THE CITY AND THE COMPANY
SHALL COMPLY WITH MINNESOTA RULES, 7819.3200 AND APPLICABLE ORDINANCES
CONSISTENT WITH LAW.
SECTION 7. CHANGE IN FORM OF GOVERNMENT.
Any change in the form of government of the City shall not affect the validity of
this Ordinance. Any governmental unit succeeding the City shall, without the consent of
Company, succeed to all of the rights and obligations of the City provided in this
Ordinance.
SECTION 8. FRANCHISE FEE.
~..,:.....
8.1. Reservation of Rie:ht. The City reserves all rights under Minn. Stat. ~
216B.36, to require a franchise fee at any time during the term of this franchise, and
amend the amount and rate design of the fee at any time thereafter, but no more
frequently than annually. The franchise fee will be imposed in lieu of permit fees and
therefore no administrative fee will be charged-by the Company to calculate, collect, and
distribute the fee to the City. If the City elects to require a franchise fee it shall notify
Company and negotiate in good faith to reach a mutually acceptable fee agreement,
which shall be set forth in a separate ordinance and not adopted until at least 60 days after
Notice enclosing such proposed ordinance has been served upon Company by certified
mail. If the City and Company are unable to agree on a franchise fee or on any terms
related thereto, each hereby consents to the jurisdiction of State District Court, Dakota
County, to construe their respective rights under the law, subject to all rights of appeal.
SECTION 9. ABANDONED FACILITIES.
The Company shall comply with City ordinances, Minnesota Statutes, Section
216D.01 et seq. and Minnesota Rules Part 7819.3300, as they may be amended from
time to time. The Company shall maintain records describing the exact location of all
abandoned and retired Facilities within the City, produce such records at the City's
request and comply with the location requirements of Section 216D.04 with respect to all
Facilities, including abandoned and retired Facilities.
SECTION 10. PROVISIONS OF ORDINANCE.
10.1. Severabilitv. Every section, provision, or part of this Ordinance is
declared separate from every other section, provision, or part; and if any section,
provision, or part shall be held invalid, it shall not affect any other section, provision, or
part. Where a provision of any other City ordinance conflicts with the provisions of this
Ordinance, the provisions of this Ordinance shall prevail.
10.2. Limitation on Applicabilitv. This Ordinance constitutes a franchise
agreement between the City and Company as the only parties and no provision of this
franchise shall in any way inure to the benefit of any third person (including the public at
large) so as to constitute any such person as a third party beneficiary of the agreement or
of anyone or more of the terms hereof, or otherwise give rise to any cause of action in
any person not a party hereto.
SECTION 11. AMENDMENT-PROCEDURE.
EITHER PARTY TO THIS FRANCHISE AGREEMENT MAY AT ANY TIME PROPOSE
THAT THE AGREEMENT BE AMENDED. THIS ORDINANCE MAY BE AMENDED AT ANY
TIME BY THE CITY PASSING A SUBSEQUENT ORDINANCE DECL~~G THE PROVISIONS OF
THE AMENDMENT, WHICH AMENDATORY ORDINANCE SHALL BECOME EFFECTIVE UPON
THE FILING OF COMPANY'S WRITTEN CONSENT THERETO WITH THE CITY CLERK
WITHIN 60 DAYS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ORDINANCE.
Passed and approved:
Mayor of the City of Hastings, Minnesota
Attest:
City Clerk,
, Minnesota
NOTICE OF PUBLIC HEARING
ORDINANCE AMENDMENT
CHAPTER 12, GAS FRANCHISE AGREEMENT
7:00 PM, Monday, May 16, 2005 "~'
Hastings City Hall
To Whom It May Concern:
Notice is hereby given that the City Council of Hastings, Minnesota will meet in a public
hearing at 7:00 PM on Monday, May 16,2005, in the City Council Chambers located in
the Hastings City Hall, 101 East 4th St. for reviewing the following matter:
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING
CHAPTER 12.30 OF THE HASTINGS CITY CODE HAVING REGARDING
THE CENTERPOINT GAS FRANCHISE AGREEMENT
Chapter 12.30, is proposed to be replaced entirely with a new Chapter 12.30 containing a
gas franchise agreement with Centerpoint Energy Resources Corporation to replace the
existing expired gas franchise agreement.
Before the date of the public hearing, persons may view exhibits concerning this matter
that are available at the Hastings City Hall. City Hall hours are 8:00 AM to 4:30 PM
Monday through Friday, excluding holidays. Persons may obtain copies of the exhibits at
their own expense. All persons are welcome to attend this hearing and make comment.
Thomas M. Montgomery
Public Works Director
Publish: Hastings Star Gazette, May 5, 2005
Memo
VI-tO
To:
Mayor Werner and City Council
':'-;'~
From:
John Hinzman, Planning Director
Date:
May 2, 2005
Subject:
1st Reading\Order Public Hearing: Shoreland Ordinance Revision
#2005-17 - Impervious Surface Requirements
REQUEST
The City Council is asked to consider first reading and schedule a public hearing to
approve the attached amendments to Chapter 16 - Shoreland Management of the City
Code. The changes are at the request of DNR to clarify impervious surface coverage
requirements.
Upon approval of 1 st reading, the public hearing would be scheduled for the May 16,
2005 City Council Meeting.
RECOMMENDATION
The Planning Commission voted 6-0 to recommend approval of the amendment with
limited discussion at the April 25, 2005 meeting. No one spoke for or against the item
during the public hearing.
ATTACHMENT
. Ordinance Amendment
IMPERVIOUS SURFACE CHANGES
DRAFT NO.2 - City Council 1st Reading
May 2, 2005
-. ':..~
Subd.5.
Stormwater ManaQement.
The following general and specific standards shall apply in addition to any other
applicable city codes:
5.1 General Standards:
A. When possible, existing natural drainage ways, wetlands, and vegetated soil
surfaces must be used to convey, store, filter, and retain storm water runoff
before discharge to public waters.
B. Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities, erosion potential, and reduce and
delay runoff volumes. Disturbed areas must be stabilized and protected as soon
as possible and facilities or methods used to retain sediment on the site.
C. When development density, topographic features, and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff using
natural features and vegetation, various types of constructed facilities such as
diversions, settling basins, skimming devices, dikes, waterways, and ponds may
be used. Preference must be given to designs using surface drainage,
vegetation, and infiltration rather than buried pipes and man-made materials and
facilities.
D. All development shall be consistent with the City of Hastings Watershed
Management Plan, Chapter 15 Stormwater Management of the City Code of
Ordinances, and the requirements of the Vermillion River Watershed
Management Organization.
5.2 Specific Standards:
A. Impervious surface coverage of lots must not exceed 25 percent of the lot area
except as follows:
(1) Impervious surface coverage may be permitted to exceed +-a 25 percent on
property that was platted before June 16, 1994 or property zoned DC -
Downtown Core upon approval of a Special Use Permit by the City of
Hastings that demonstrates compliance with the following:
a) All applicable provisions of Chapter 15, Stormwater Management
of the City Code of Ordinances.
b) All structures and treatments shall be installed for the treatment of
storm water runoff in accordance with the City of Hastings
Watershed Management Plan.
c) Improvements that will result in an increased rate of runoff directly
enterinQ a public water shall have all structures and practices in
compliance with the City Storm Water ManaQement Ordinance in
place for the collection and treatment of storm water runoff or will
be constructed in coniunction with a special use permit application.
d) The lot shall be served by municipal sewer and water.
e) Storm water is collected and treated in compliance with the City
Storm water ManaQement Ordinance and Best ManaQement
Practices. Such treatment may be comprised of either on-site
control. access to the City's storm water control system. or a
combination of both. to be approved by the City EnQineer.
B. When constructed facilities are used for storm water management,
documentation must be provided by a qualified individual that they are designed
and installed consistent the City of Hastings Watershed Management Plan,
Chapter 15 Stormwater Management of the Code of Ordinances, and the
requirements of the Vermillion River Watershed Management Organization.
C. New constructed storm water outfalls to public waters must provide for filtering or
settling of suspended sotids and skimming of surface debris before discharge.
D. An existinQ site which is beinQ altered. remodeled. or expanded without
expandinQ the existinQ impervious surface may be allowed. provided that where
appropriate and where necessary. structures and practices for the treatment of
storm water runoff are in compliance with the City Storm Water ManaQement
Ordinance.
Memo
VI-II
.,':"'~
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
May 2, 2005
Subject:
1st Reading\Order Public Hearing - Rezoning #2005-251-1 to DC-
Riverfront Addition (Block 1) - Hastings HRA\Sherman Associates
REQUEST
The City Council is asked to consider first reading and schedule a public hearing to
consider the following action for development of Block 1 Downtown as proposed by
Sherman Associates on HRA property:
1) Rezone property from 1-1, Industrial Park to DC, Downtown Core
Upon approval of first reading, the public hearing would be scheduled for the May 16, 2005
City Council Meeting.
RECOMMENDATION
The Planning Commission voted 6-0 to recommend approval of the rezoning with limited
discussion at the April 25, 2005 meeting. No one spoke for or against the item during the
public hearing.
BACKGROUND INFORMATION
History
The Planning Commission recommended approval of the Preliminary Development
Plan at the October 11 , 2004 meeting. The Preliminary Development Plan depicted full
development of Block 1 including a restaurant\banquet facility (riverfront), residential
condo building (center), and mixed use residential condo building (2nd Street).
Property Ownership
Hastings HRA is owner of all property in Block 1. The City and HRA have entered into
a master preliminary agreement with $herman Associates to purchase and develop the
land in accordance with the Preliminary Development Plan.
Heart of Hastings Master Plan Classification
The property is part of the "Downtown Core Multi-Use District" as designated in the Heart of
Hastings Master Plan. The Plan views the area as "primarily a retailing district. However,
allowances for residential, office and services are not only histq~ically appropriate but also
enhance the vitality and economic viability of the downtown Core." The development plan
includes both residential and retail uses, consistent with the Master Plan.
Comprehensive Plan Classification
The property is guided MXD - Mixed Use Development in the 2020 Comprehensive Plan.
The proposed uses are consistent with the Comprehensive Plan.
Zoning Classification
The property is currently zoned 1-1, Industrial Park. A rezoning to DC, Downtown Core
District is proposed. The DC district allows for a mix of both commercial and residential
uses.
Existing Use
The property presently contains a mix of vacant commercial buildings and a parking lot.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction
North
East
South
West
ATTACHMENTS
. Location Map
· Concept Plans
Existina Use
1 st Street
- Mississippi River
- Kings Cove
CP Railroad
- Waste Treatment Plant
Zonina
Comp Plan
F-W - Floodway
Floodway
C-3 - Comm Reg Comm P - Public
R-2 - Low\Med Density Res
2nd Street (Block 16)
- Future Parking Lot
Tyler Street (Block 2)
- Gardner House
- Parking Lot
- Three Rivers Place Proposal
C-3 - Comm Reg Comm MXD - Mixed
DC - Downtown Core
MXD - Mixed
Block 1 Rezoning
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April 28, 2005
VI-12
TO:
The Honorable Mayor and Council
FROM:
John Grossman HRA Director
::'~J
RE: Amendments to Sec. 2.18 Preservation Ordinance
ACTION REQUESTED: First reading and order a public hearing for the
Council Meeting of May 16, 2005.
BACKGROUND
The Heritage Preservation Commission, the Building Safety Department,
the City Attorney and staff have collaborated on the attached
amendments to the existing ordinance (adopted 1985). The Council's
Historic Preservation Committee (Council Members Hazlet, Moratzka and
Alongi) have reviewed the amendments and their changes have been
incorporated.
Many small modifications reflect policies and procedures learned by
experience. For instance, as most proposed changes are minor it is not
necessary to notify all owners within 200 feet 20 days for every review.
The amendment limits notification to substantial changes of appearances
or demolition that would impact the neighbors.
The significant changes in the amendments are as foUows.
Subd. 4. Designation of Heritage Preservation Sites. "Interim protection"
is added to the nomination process for historic designation. This gives
protection of the ordinance to the property while the nomination is being
prepared for Council's consideration. The HPC would review proposed
changes as if it were protected. Mter Council acts on the nomination,
the protection would either become permanent, or if the council did not
act, protection would cease. The proposed amendment describes when
the interim protection would start and end. The property owner would be
advised of all meetings and participate in the process. This is a response
to the situation, which arose last year when the HPC started to nominate
a property just as it changed hands, and the new owner had plans to
make major changes. While the HPC waited for comment from the
Historical Society and from the Planning Commission, the owner applied
for and received the building permit.
Subd. 5. Additional Powers. This strengthens the responsibility of City
Departments to solicit HPC comment before taking action impacting
designated sites. For example, if street work or a subdivision would
impact a designated site, the Public Works Department and the Planning
Department would refer the proposal to the HPC for comment before
Council action. The HPC can request City departments to take action,
refrain from action or accept alternatives in support of preservation.
.c':"~
Subd 6. "Review of Permits" changed to "Certificate of Approval." The
ordinance requires HPC approval of all exterior changes to sites. The
Certificate of Approval is then required before a building or sign permit is
issued.
.-
This modification places the initiative to seek approval on the owner
rather than the Building Department. Under the existing ordinance the
Department refers building permits to the HPC. The HPC found that
owners had often signed contractors and purchased materials before
coming in for a Building Permit. Then denying the permit caused waste
or additional cost. In addition, the Department no longer requires a
permit for some exterior changes, such as window sash and replacement
doors. As these changes have a dramatic affect on appearances the
owner would still have get a Certificate.
The criteria listed in the 1985 ordinance are replaced by direction to use
the Guidelines adopted by the HPC and the Secretary's Standards of
Rehabilitation in reviewing applications. The HPC adopted a very
contemporary and complete set of Guidelines, which have proven
workable. The Standards are general principals recognized nationally.
The Guidelines and Standards are made available to the property owners
and are posted on the City web site.
Subd. 6. E. 1. f. Economic Hardship. An owner's appeal of an HPC
decision, on grounds of economic hardship, will be considered by the
City Council (New 6.H.) rather than the HPC. Draft Guidelines for
Council's consideration of economic hardship are attached. They are not
part of the ordinance. Council could adopt them for their own review
process.
Subd. 7. Enforcement. The Building Official is willing to have the code
inspector enforce violations to this ordinance, similar to the rental
housing and maintenance ordinances. The inspector has experience and
City authorization to stop work, issue tickets, etc. The amendment
authorizes enforcement by the Building Official or designees. The HPC
staff or specialist would provide the specifics of the violation to the
Building Official and work with the city attorney after notification of
violation.
G:\HPC\Ordinance.Council Memo.4-21.doc
SEe. 2.18. HERITAGE PRESERVATION COMMISSION
. I
SUBD. 1. PUBLIC POLICY AND PURPOSE. The City Council finds that
historical, architectural, archaeological, engineering and cultural heritage of this city is
among its important assets. Therefore, the purpose of this ch~pter is to establish a
municipal program of heritage preservation, as authorized by Minnesota Statutes
471.193, to promote the use and conservation of historic properties for the education,
inspiration, pleasure and enrichment of the citizens and visitors of Hastings.
SUBD. 2. DEFINITIONS. For the purpose of this chapter, the foHowing words or
phrases shall have the meanings respectively ascribed to them by this section.
A. "Significance" The quality of the information, example, interest or meaning represented
by the site for understanding and appreciating the past, development or culture.
B. "Integrity" The amount and condition of original significance. material and/or design
remaining in the site. property or district.
B. Integrity: The amount and cOBdition of significance material aadlor desigB remaiBing in
the site, property or district.
C. !!Historic significance.:.!! Associated with activities, processes, events, trends or
persons of importance to the community, state orm nation.
DG-. !!Architectural significance.:.!! Possessing distinctive characteristics of a style,
place, period, method or materials of construction, builder or architect.
ED. !!Cultural significance.:.!! A landmark or setting of man-made or natural features, or
a combination, possessing meaning primarily by long association or identification with
the community and its citizens.
Fe. !!Archaeological significance.:.!! An area of land possessing the potential to reveal
information important to historic or pre-historic studies.
G~. !!Engineering significance.:.!! A work demonstrating a technology, design or
method characteristic of a historic period or activity.
.t:!G. !!Heritage Preservation Site.:.!! An area, propertvdistriot, building, structure or
object, when designated for preservation for reasons of its significance by the City
Council.
I. Heritaae Preservation District. (District) When a concentration of
properties are linked by significance and located in a contiguous area, they may be
defined by a boundary and designated a Heritage Preservation District with the same
protection and meaning as a Historic Preservation Site under this ordinance. Land and
structures which do not contribute to the significance of the district may be included
within the boundaries of the Heritage Preservation District when necessary to protect
the significance. intearitv and visual unity of the whole.
J. Alteration. Refers to chances and works to Heritace Preservation Sites.
SUBD.3. HERITAGE PRESERVATION COMMISSION ESTABLISHED.
A. This ordinance established the Hastings Heritage Preservation Commission with
J:\HPC\Sec.2.18 amendment 4-15-05.docC:\-"'IN~lT\PtoefiIe8\J.Utlhelle'lMy De~eAlineftee_dmeRtiQa-.<3.eeeDe_Rt;I
the following responsibilities:
1. To continue toduct continuing surveys and research in order to identify properties
which have historic, architectural, archaeological, engineering or cultural significance to the
community.
To recommend properties which meet the criteria of significanc,~ stated herein for
designation as Heritage Preservation Sites. .
To protect Heritage Preservation Sites by public review of all proposed alterations,
relocations, demolitions or new construction within designed site boundaries.
To advise property owners and educate the public in appropriate maintenance,
rehabilitation or restoration methods. To encourage continued uses, compatible with
their character, of Heritage Preservation Sites.-
To hear and decide applications for Certificate of Approval.
To make recommendations to the City Council on proposed amendments to this
chapter.
To promote public recoanition and appreciation for Heritaae Preservation Sites.
B. !.!Member.:.!.! The Hastings Heritage Preservation Commission, hereinafter
the !.!Commission!.! shall consist of nine voting members appointed by the Mayor, with
the advice and consent of the City Council. Members must reside in the municipality.
Source:
Effective Date:
Ordinance No. 395, Second Series
11-11-96
At least one member will be an architect, or if an architect not be available, an
experienced person of the building trades.
At least one member will be a professional or experienced person in the areas of
history, architectural history, archaeology, planning, real estate, design, building trades,
landscape architecture or law.
The other members shall be drawn from persons with a demonstrated interest and/or
expertise in historic preservation.
4. One Commissioner member will be member of and designated as thew
representative tQ9y the County Historical Society.
5. The Planning Commission and the Housing and Rede':elopment Authority
shall each designate one of their members as their liaison 'Nho shall be notified of all
meetings of the HiEtoric Preservation Commission.
C. !.!Appointment of Members.:.!.! Members shall be appointed by the Mayor with the
approval of the Council upon recommendations by the Commission. Initial appointments
shall be two members for one year, two members for two years and three members for
three years. Subsequent appointments shall be for a term of three years. There is no
limit to the number of terms. Vacancies from resignation or other causes shall be filled
by appointment for the remainder of the unexpired term. Members shall serve without
compensation and continue to hold office until their successors have been appointed
and qualified.
D. !.!Organization.:.!.! The Commission, when formed, shall elect from its members,
such officers as it may deem necessary. The Commission shall have the power to
J:\HPC\Sec.2.18 amendment 4-15-05.docC:\:wlNNTlPrafi1eG\JMaheft~\M>1 DeetHfteRtll\eF6ifleHeeamelldmemillevJ.seeDeelHlleftQ
designate and appoint from its members various committees with powers and duties of
the Commission. The Commission shall make such rules and regulations as it may
deem advisable and necessary for the conduct of its affairs, for the purpose of carrying
out the intent of this ordinance, which are not inconsistent with the laws of the City and
the State of Minnesota. -.c.
E. ~Annual Report~ The Commission shall make an annual report by October 31st,
containing a statement of its activities and plans, to the Mayor, the City Council, the City
Administrator, the Building Official, and the Chairman of the Hastings Housing and
Redevelopment Authority, the City Planner, and the State Historic Preservation Officer.
F. ~Meeting..!! The Commission shall meet monthly at a reaular time and place to
conduct its business.. no less than four times a year to initiate surveys and nominations
of properties, to review potential Heritage Proservation Sites, to make recommendations
of properties to City Council for designation, and to prepare the Commission's annual
report.
In addition, the Commission will meet at its earliest convenience, when called by the
ChairpersonmaR, to review such building permits or applications as are referred to it by
the City Building Official or City Planner.
!!Citv SupportSt3ffAssistance..!! To accomplish the intent and purpose ofthis ordinance,
the City of Hastings shall provide the Commission with facilities. eauipment. supplies
and staff support. The HPC will submit budaet reauests in the same manner as other
City Departments. adequate staff support and supplies, including the assistance of City
Building Official, the City Planner, and other staff designated by the City Administrator to
perform the duties proscribod under this ordinance.
SUBD.4. DESIGNATION OF HERITAGE PRESERVATION SITES.
A. ~Desianation StudySurveys}! The Commission shall conduct a continue tQiAg
survey-ef properties. conduct studies and aather documentation of properties which has
reason to believe are sianificant to the community. The Commission-aRd shall provide
procedures for citizens to nominate properties for consideration as Heritage
Preservation Sites. A desianation study shall be initiated by action of the Commission
in a public meetina with 10 days written notice to the owners of properties considered
for desianation. The Commission shall conduct rosearch and documentation of
properties which it has reason to believe are significant to the community.
B. !!Proposed Desianation. Criteria" The Commission shall recommend properties
to the City Council for designation as Heritage Preservation Sites. In order to be
recommended for designation, the Commission must have completed a study which
demonstrates determine that the property being considered possesses historic,
architectural, cultural, archaeological or engineering significance at the local. state or
national level. and in addition that the property possesses sufficient intearity to serve as
an example of the materials. desian. style. craftsmanship or function of its period.
as defined abo'ie. Furthermore in making its recommendation, the Commission shall
consider the following conditions:
1. That the location and setting is compatible 'Nith future preservation and
~
2. That the physical condition is such that presorvation maintenance or
J:\HPC\Sec.2.18 amendment 4-15-05.docC:~W~!NT\Preftle9\JMaheM'/'Mv DeeumeatW.eremllReelllJlellElmeatilllv,3.deeJ;)eeumeIl!2
adaptive use is economically feasible.
3. That the distinguishing characteristics of significance are for the most part
original and intact or capable of restoration.
1. The eKistiag or proposed use is compatible with the prescf\<ation and maintooafl:ce
of the site. 'J"
C. !.!Planning Commission Review.:,!.! The Heritage Preservation Commission shall
advise the City Planning Commission of the proposed designation of a Heritage
Preservation Site, including boundaries and secure from City Planning Commission its
comments or recommendation~ with respect to~
tRethe relationship of Heritage Preservation Site designation to the
comprehensive plan and zoning code of the City of Hastings~"j
the consistencv of the proposed designation with applicable development plans
or development obiectives adopted by the City Council.
The Commission shall respond to the HPC within 30 days of receiving the
proposed designation. recommend approval. reiection or modification of the proposed
designation within 30 days after receiving it.
its opinion as to the effect of the proposed designation upon the surrounding
neighborhood, and its opinion and recommendation as to any other planning
consideration v:hich may be relevant to the proposed designation, together with its
recommendations of approval, rejection, or modification of the proposed designation.
The said recommendation shall become part of the official record concerning the
proposed designation and shall be submitted by the Heritage Preservation Commission
along with its recommendation concerning the proposed designation to the City Council.
The Heritage Preservation Commission may make such modifications, changes, and
alternations concerning the proposed designation as it deems necessary in
consider3tion of the recommendations of the City Planning Commission.
D. !!Preservation Commission Findings and Recommendation.:.!! The eligibility of a
property for designation as aA Heritage Preservation Site shall be determined by the
Commission in open meeting, notice of which shall have been sent to all owners of
property considered for designation; with opportunity for public comment. The
Commission shall adopt a resolution of recommendation for each site or for a district as
a whole.
E. !!State Historic Preservation Office's Rfeview.:. of future Heritage Preser'/3tion
Sites" Prior to making its recommendation to the Council, every proposedaJ-Gf
designation by the Commission shall be sent to the State Historic Preservation Office
for review and comment in writing within 60sOOy days.
F. !!Council Designation.:.!! The Commission shall forward its recommendations, together
with its findings Qf significance and integrityeligibility and with the comments of the Planning
Commission and of the State Historic Preservation Office, to the City Council.
The City Council, upon recommendation of the Commission may, by resolution,
designate a Heritage Preservation Site or District. Prior to such designation, the City
Council shall hold a public hearing, notice of which shall have been published in a
J:\HPC\Sec.2.18 amendment 4-15-05.docC:\W~~IT' PrefileslJMaheRe'iMv DeeltlMftts\eRlillftlleeamlllHlft'lenallll {3 .EleeDe8llIHeBt2
newspaper of general circulation at least 1029 days prior to the date of the
hhearing, and notice of the hearing shall be sent to all owners of property which is
proposed to be designated a Heritage Preservation Site and to all property owners
within 200 f-eet of the boundary of the area to be designated a Heritage Preservation
DistrictSite. '.'~'
G. "/\cquisition" The Commission may recommend to the City Council, after review
and comment by the City Planning Commission, that certain property eligible for or
designated as a Heritage Preservation Site be acquired by gift, by negotiation, or by
eminent domain as provided in Chapter 117 of Minnesota Statute.
H. "Recording of Heritage Preservation Sit~s..~ The Commission office of the City
Clerk shall record with the Dakota County Recorder or the Dakota County Registrar of
Titles, the legal description of all buildings, lands, or areas designatedea as Heritage
Preservation Sites or Heritaae Districts by the Council:.-, and shall send a copy to the
Building Official.
H. Interim Protection. Interim protection is established to protect a nominated
property from destruction or inappropriate alteration durina the desianation process.
The owner shall be notified of the interim protection when a decision has been made
about commencina a desianation study. A desianated study shall be initiated by action
of the Commission in a public meetina afterwitR 10 days written notice to the owners of
properties considered for desianation. No buildina permit shall bo issued from the date
the notice was received b'/ the owner to the date of public meetina to determine
desianation status. Interim protection shall be in effect from the date of the
Commission's action to beain a desianation study deoision reaardina the desianation of
the property until Council action or for four months whichever comes first. Prior to the
expiration of the four month period, the Commission may reQuest Council approval to
extend the interim protection for a further four4-2 months not to exceed a total of eiaht -1-9
months. The Commission shall provide arounds for the reQuest for an extension of time
to decide on the desianation. The owner must be notified of the recommendation to
extend the interim protection prior to the Council meetina to decide on the extension of
time. Interim protection means that durina the desianation process, the provisions of
this ordinance apply to the property as if it were desianated.
I. ~Heritage Preservation Commission records.. ~
la. The Commission shall keep current and public a list of all properties
designated as Heritage Preservation Sites, or included in the State or the National
Register of Historic Places.
~b. The Commission will provide the Building Official and the City Plannina
DirectoreF with current lists and maps showing Heritage Preservation Sites and Districts
for their use in referring applications to the Commission.
3. The Commission will conform to the procedures of the Division of Archives and
Manuscripts of the Minnesota Historieal Society and to Minnesota Statutes 138.17 on
the disposition of records.
J :\HPC\Sec.2.18 amendment 4-15-05 .docC:'.WR ~ !1'd?i'efileif JMehefle';',M". DeelllfletUs'.eMinMeeoo1ellt4meflthlciv3.aeeDsetllfleHt2
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SUBD. 5. ADDITIONAL POWERS AND DUTIES OF THE COMMISSION. The
Commission shall have the following powers and duties in addition to those otherwise
specified in this chapter:
A. Any application or plan for a proposed City ~ction or approval that would affect the
appearance of a Heritage Site or District will be referred by the involved Department to the HPC
staff with plans or descriptions for HPC review and comment before final action. Examples of
City actions or approvals include The Plan.-Hng Direetor will forward &1>plieations for land use
actions ineluding special use permits. variances. vacations. subdivisions and site plans. zoning
ordinance amendmeats for revie>.Y and eommont. The Public 'Norks Din~etor or City Engineer
v.rill forward street and utility reconstruction plans. or proposed appearance alterations for re'.ie':I
and eomment. The Building Official ';.1ll forvlafd applications for building permits. and copies
ef building violations or maintenance orders. f-or re.lie....' and comment. Building. fence and sign
permits for Heritage Sites or District properties may not be released without a Certificate of
Approval ITom the HPC. The Commission shall review and commeat on applications pertaining
to land use, signs, subdivisions and site plans on properties designated Heritage Preservation
Sites referred to the Heritage Preservation Commission by the PlaB:Hing Commission or City
Council.
B. The Commission mavsRaU request, as needed, the Department of Buildina
Safety :Public Works Division. Fire Department.tAe Planning Commission, the Housing
and Redevelopment Authority or the City Council to adopt measures required or
appropriate for the preservation, protection or maintenance of Heritage Preservation
Sites such asincluded but not limited to variances.a.-9f amendments. enforcement or
alternatives to the Citvzoning code. Buildina code and Fire code, rules governing
construction, demolition, alteration. maintenance.-9f use, or condemnation.
the removal or repair of blighting influence incompatible with the physical well being of
designated properties.
C. The Commission shall provide general preservation informationpIaAs and
guidelines to owners of Heritage Preservation Sites regarding maintenance, restoration
or renovation of historic properties., and rehabilitation.
D. The Commission shall promote public recognition and appreciation for Heritage
Preservation Sites. It shall periodically publish and provide to property owners a a
register off designated and potential Heritage Preservation Sites and Districts, along
with desian guidelines and preservation programs available at that time.
E. With the approval of the City Council. t+he Commission may contract the
services, on a permanent or part-time basis, of technical experts or professional
consultants and such persons as may be required to perform its duties.s; subject to
approval of the City Council.
F. With the approval of the City Council. t+he Commission may make application for
and has the authority to accept gifts. arants and contributions-te--ge made to the City,
J:\HPC\Sec.2.18 amendment 4-15-05.docC:W!INNT'.PFeHlesYMaheRev',Mv DeelilBelltll\eAfineftee~eftauw..J.tleeDeeltffleRt2
and to assist the City Staff in the preparation of applications for grant funds to be made
by the City, for the purpose of Heritage Preservation.
G. With the approval of the City Council. t+he Commission may nominate properties
shall make no appliC3tion to the National Register of Historic Places or to the State of
Minnesota for the designation of aRg Historic Site or District '.~i!~out the consent of the
City Council. .
SUBD.6. REVIE'N OF PERMITS.CERTIFICATE OF APPROVAL
A Pursuant to provision of the Uniform Building Code, as adopted by City Council,
Section 303 (a) Issuance of Permits, the Building Official shall immediately ref-or
applications for building permits for proposed alterations, relocation demolition or new
construction within the boundaries of designated Heritage Preservation Sites of the City
of Hastings to the Heritage Preservation Commission for their review and written
appro'.'al or disapproval. Alteration includes but is not limited to remodeling, repair,
signs or fences that will ch:mge the exterior appearance. Demolition may include the
whole or any part Of a building.
B. "Permit Application and Plans" Every application for a building permit in relation
to property designated as a Heritage Preservation Site shall be accompanied by plans,
photographs, specifications or a written description fully describing the proposed \vork
which shall be provided to the Heritage Preservation Commission.
"Permit Issuance" The Building Official shall not issue permits for these applications
until receiving ':/ritten appro'.'al from the Heritage Preservation Commission, subject
however, to paragraphs F, G, and H of this Section.
"Commission Review" The Heritage Preservation Commission shall meet at its earliest
convenience upon receipt of the application to determine if the ':lork adversely affects
the preservation and architectural char3cters of No Change, authorizing the Building
Official to issue permits. 1\11 appliC3tions which do not meet the conditions for a
Certificate of No Change shall be reviewed at a full Commission meeting.
1. The Heritage Preservation Commission shall conduct a public hearing for the
purpose of receiving the recommendations from concerned citizens and the applicant.
Hotice of the public hearing shall be published in a newspaper of general circulation 3nd
sent to the permit applicant at least se'.'en days prior to the date of the hearing.
2. If it is determined that the 'Nork to be performed does not adversely affect
the site, the application shall be approved and the Building Official immediately informed
in writing.
3. If it is determined that the v:ork to be performed does adversely affect the
site or district, the applicant shall be disapproved and the Building Official immediately
informed in writing. The Commission shall furnish the permit applicant with a copy of
the decision together with recommendations for changes necessary before the
Commission will reconsider the permit application.
E. "Criteria" "J!heB revic'.viag an application as described under paragraph D oftms SeetioB,
the CommissioB shall cOBsider '.vhether the work affcets the Heritage Preservation Site in the
foIl<v.'oog eases.
1. "Proposed alteration or addition to an existing building, structure or site"
J:\HPC\Sec.2.18 amendment 4-15-05.docC:".VINN~file&\'lMall.el\e'#k{ Deeument&\erdimmeeamSl\dmel\tjIi1W3.~eeDee_Sllt2
The Commission v:ill consider whether or not the 'Nork will adversely impair the
significance or character of the Heritage Preservation Site. The Commission's written
findings shall ref.or to the following criteria.
(a) The distinguishing original qualities, character or appear~mce shall
not be destroyed. The removal or alternation of historic or origJpal matorial, or
distinctive architectural features shall be avoided. In the event that removal or alteration
of historic or original material is determined to be necessary, the work shall be done in
such a way as to minimize the adverse effect.
(b) Deteriorated architectural features shall be repaired rather than
replaced. In the event that replacement is determined to be necessary, the replacement
shall be an accurate duplication of the design,'color, te-xture and other visual qualities of
the original, substantiated by historic, physical or pictorial evidence rather than on
conjecture.
(c) The surface cleaning of structures shall be undertaken 'lAth the
gentlest means possible. Sandblasting, other cleaning methods, sealants, coatings and
paints shall not damage or appreciably change the matorial, color and texture of original
surfaces.
(d) Contemporary design tor alterations and additions to existing
properties shall not be discouraged 'Nhen such alterations and additions do not destroy
original, historic, architectural or cultural material, and such design is compatible 'Nith
the size, scale, color, material and character of the property, neighborhood or
en':i ronment.
(e) V\fhere'ler possible, new additions or alterations to structures shall
be done in such a manner that it such additions or alterations were to be removed in tho
future, the essontial form and integrity of the structure 'Nould be unimpaired.
(f) The CommissioR '.vill be guided by the Secretary oftne IRterior's
Staadards for Rehabilitation, as well as by any local standards or guidelines adopted by the
Commission for Heritage Preserv-ation Sites, distriets and Reighborhoods. In all cases, the
Commission v..m give eORsideratioR to the amouRt and quality of original material and design
remaining in the building ".vheR applying criteria, guidelines and standards. Consideration will
also be giveR to clear cases of ecoRomie hardship or to deprivatioR of reasonable use of the
O'lmers property.
2. "Proposed demolition or removal of a building or structure" The
commission will consider whether or not the demolition or removal is necessary, and its
effect on the surrounding building and neighborhood. The Commission's written
findings shall refer to the tol/o''-./ing criteria.
The COmmiSSiOH '.vill be guided by the Seer~ary of the Interior's StaB:dards for
RehabilitatioR. as '../ell as by the Design. Guidelines adopted by the CommissioH for the re./iC'.... of
proposed changes ..vithia Heritage PreservatioR Sites aBd Heritage Preservation Distriets. IR all
cases. the CommissioR will give cORsideratioB to the amouRt and quality of original and
significant material and design. remaiaffig iR the building when applying criteria. guideliRes and
standaras.
/
A. Purpose. Certificates of Approval are established to protect sites. properties in districts.
J:IHPC\Sec.2.18 amendment 4-1 5-05 .docC:~1JlR'R'1T\Pr9fi19s\JM<eRe'''\ My De_e&ts\ertlineflei!llfBeftElmefttilldv3.tieeDeeaIll9BQ
and nominated properties under interim protection by providing the Commission with authority
to review and approve or deny proposed exterior alterations. new construction. additions.
removals. demolition or relocation ITom or into designated sites and districts.
1. Certificate of Approval required. The ~~erior alteration of a site
or property in a district shall be prohibited except where authorized by a Certificate of Approval
approved by the Commission. Any City permits and approvals for designated sites and
properties within districts will not be released by City staff without a Certificate of Approval or
by direction of City Council.
2. Application for Certificate of Approval. Application shall be made
by the owner of the designated property on a form provided by the Commission and
accompanied by all required supporting information before review. A complete Bvety
application shall be accompanied by the following information as staff determines necessary:
siding. trim. etc:
Accurate scaled and dimensioned site plan of existing conditions:
Photos of existing conditions:
.. Photos or plans of building elevations:
Photos or plans of proposed alterations and replacement material:
Plan. illustrations and samples of building materials. windows. roof. doors.
be used:
Samples of paint colors when required:
Plan and description of changes to architectural details:
Samples and illustrations of replacement materials:
Description of area to be cleanedaml'b1€!thods. companies or chemicals to
materials.
Details of signs or awning including lettering. design. size. color and
Statement of how the proposal relates to historic significance of site.
3. Review of application. The COmmiSSiOR shall establish written procedures for the
eORsideration of complete ft!JplicatioRs. The Commission may approve. approve with conditions.
or deny an application. All findings and decisions of the Commission shall be recorded in
Commission minutes. or on the application itself when a Commission meeting is not required.
Decisions are final. subiect to appeal to the City Council.
The Commission shall designate types of alterations such as maintenance activities as minor
alterations which can be approved by the Preservation Staff or referred to a Committee or whole
Commission at a public meeting.
The Commission shall designate types of alterations which can be approved by a Committee of
three Commissioners or referred to a whole Commission at a public meeting.
Alterations not designated above will be considered by the whole Commission at a public
meeting.
J:\HPC\Sec.2.18 amendment 4-15-05.docC:\NIlNNT\Prefiles\JMak9fte'\'~~1 D8S11H1eRtw.8reiReReelllfteRElmeHtiua'.~.a8eDe8UltleftQ
The Commission may call shall hold a public hearing for types of alterations that are for. but not
limited to demolition. relocation. maior addition or alterations to fa9ade or remodeling and infill
.
construction oner a property designated as a Heritage site or within a Heritage Preservation
District. Notice of the public hearing at a meeting during which an application will be reviewed
shall be mailed to the applicant. and property owners within 200 feet pfthe property. at least 10
days prior to the meeting.
4. Required findings. (a) Alteration within a site or district: Before
approving a certificate. the Commission shall make written findings that the alteration will not
materially impair the integrity of the site or district 8?d is consistent with the applicable design
guidelines adopted by the Commission. if design guidelines do not apply. is consistent with the
recommendations contained in the Secretary of the Interior's Standards for Rehabilitation.
The Commission will be guided by the Secretary of the Interior's Standards for
Rehabilitation. as well as by the Design Guidelines adopted by the Commission for the review of
proposed changes within Heritage Preservation Sites and Heritage Preservation Districts. In all
cases. the Commission will give consideration to the significance and integrity of original
material and design remaining in the building when applying criteria. guidelines and standards.
Destruction. demolition or removal: Before approving a certificate that involves destruction or
removal. in whole or in part. of any site or property within a district or nominated property. the
Commission shall make findings that the destruction is necessary to correct an unsafe or
. dangerous condition on the property. or that there are no reasonable alternatives to the
destruction. In determining whether reasonable alternatives exist. the Commission shall consider
the integrity of the property and the economic value or usefulness of the existing structure.
including its current use. costs of renovation and feasible alternative uses.
New construction or relocation: Before approving a certificate that involves new construction on.
or t~e relocation of a buildin~ into a site or a district or nominated property. the Commission
shall make findings that the new construction or relocated building will be compatible with the
visual qualities of the historic architecture of the site. the streetscape or the district. and is
consistent with the applicable design guidelines adopted by the Commission or if the guidelines
do not apply. with the Secretary of the Interior Standards for Rehabilitation.
5. Certificate of Approval conditions. In general: Following
Commission approval of an application. the applicant shall receive a signed Certificate of
Approval and stamped plans or descriptions of the proposed alteration trom the preservation
staff The applicant shall provide the Certificate of Approval and plans to the Department of
Building Safety and IBSj)ectioBs Department before a building. demolition or moving permit may
be issued. or to the Planning Department before a sign or fence permit may be issued. Works
approved as part of the Certificate of Approval must be completed within one year trom the date
of approval or a request for extension submitted for a further 12 month period prior to the
expiration of the first 12 months.
(3). Considoration shall be given to the signific.ance or architectural
merit of the building itself, and the contribution the building makes to the historic or
J:\HPC\Sec.2.18 amendment 4-15~5.docC:'.W1NN'NlFefile8\JMeh_v~{y Deeuntellts\eftliftllMeamefttBBefltillttv3.EleeDeelHB8fIQ
architectural charactor of the noighborhood or district.
(b). Consider:1tion 'Nill be given to the economic 'J:1lue, usefulnoss and
replacement cost of the building as it now stands and as remodeled or rehabilitated, to
replace the present building or buildings.
(c). Consideration will be given to the present.,~tructural integrity of the
building to determine whether or not it constitutes :1 clear and "present danger to the life
and safety of the public. The Commission may contr:1ct for a professional estimate of
the structural integrity and an estimate of the cost of correcting dangerous deficiencies,
"'lith Council approval.
(d) Consideration will be given to the effect of demolition and of
proposed new construction on the adjacent buildings and on the architectural and
historic character of the neighborhood or district.
3. "Proposed new construction or relocation" The Commission will consider
the effect of the '.'lork on the historic and architectural character of the surrounding
buildings and neighborhood. The Commission's written findings shall refer to the
following criteria.
(a) Coatemporary design for new construction shall not be discouraged, but
should be compatible- ~Jtith scale, eolor, t~cture, materials and other '/isual qualities of the
surrounding buildings and aeigbborhood.
(b) Tho new building should be comp3tible with the height, width,
depth, massing and setback or the surrounding buildings.
(c) The amount of solid wall to window and door openings, and the
placement of window and door openings, should be proportional to that of the
surrounding buildings and neighborhood.
(d) The shape and pitch of the roof or cornice should be compatible
with that of the surrounding buildings and neighborhood.
F. !!.LimitatioDS.:.!!. Ifwithin 40;G days ITom the filing of a complete application. eomf'leted
building permit applicatiofl, the Commission has neither approved.. ft6f denied. or called a public
hearing. tfie-the Certificate of Approvalbuilding permit application, the plans and permit
applicatioa shall be deemed to have been approved by the Commission, and if all other
requirements of the City have been met, the B1:1iIding Official City Department may issue shall
authorize a permit for the proposed work. By vote of the Commission and notification of the
Department Building Official, the first 40 ;G day period may be extended by an additional 40
~ days in cases where further information and research is required to make a
determinationprofcssional study or recommcadation is required and the 4O;G day period is not
sufficient to do the work. No permit shall issue or work commence in the event the Commission
disapproves the application in accordance with this ordinance. If the work does not commence
within 12 months ofHPC action. the Certificate of Approval expires and is no longer valid. The
HPC may provide a longer period as a specific condition of approval.
G. ~Emergency Repair.:.!! In emergency situations where immediate repair is
needed to protect the safety of the structure or -aOO its inhabitants, the Building Official
may approve temporary or Umited repair without the consent of the prior Heritage
Preservation Commission action. In the case of a permit issued pursuant to this
paragraph, the Building Official shall immediately notify the Heritage Preservation
Commission of its action and specify-the facts or conditions constituting the emergency
situation.
J:\HPC\Sec.2.18 amendment 4-15-05.docC:'.'.V-INN'I'\Pfefiles\JMahefte"AMv De~fElinaftel!ll!BeRdme!ftiIlw,.3 .!teeDeeulM~
H. Denial of Certificate of Approval. "Appeal to City Council" The Commission
shall provide a written findings of facts for the grounds of denial of the Application fot
Certificate of Approval. The applicant shall be provided with a written statement of the grounds
of denial and be provided with the procedures for appealing the decision to deny the Certificate
of Approval. The permits applicant or any party aggrieved by the dec4?~on of the Heritage
Preservation Commission shall, within ten (10) business days of the date of the Heritage
Preservation Commission's order and decision, have a right to appeal such order and decision to
the City Council. The appeal shall be made by delivering to the City Clerk two copies of a
Notice of Appeal and statement of reasons setting forth the grounds for the appeal. The City
Clerk shall transmit one copy of the Notice of Appeal and statement to the City Council andaad
one copy to the Heritage Preservation Commission." The Heritage Preservation Commission, in
any written order denying a permit application, shall advise the applicant of this right to appeal
to the City Council and include this paragraph in all such orders. Appeals on the grounds of
economic hardship will be considered by City Council under the procedures and guidelines
adopted by City Council. Consideration will be givea to dear cases of eeoaomfe hardship that
meet the eriteria for unreasonable use of property to be determined an:d set forth by Couneil.
SUBD. 7 . PENAL TV FOR VIOLATION. An owner or occupant of any area,
place, building, structure, or other object within a duly designated Heritage Preservation
Site or protected bv an Interim Protection Order who violates the provision of this
chapter shall be guilty of a misdemeanor. Any architect, builder, contractor, agent,
person or corporation who assists in the commission of a violation of this chapter shall
be guilty of a misdemeanor for each day an owner or occupant of any area, place,
building, structure, or other object within a duly designated Heritage Preservation Site or I
protected bv an Interim Protection Order allows any work to be performed on any area, 1
place, building, structure or other object in violation of Section 6 herein, it shall .
constitute a separate violation of this chapter, and it shall be punishable as such. A
Heritage Preservation Site on which there exists any remodeling, repairing,
construction, or a building moved in violation of this chapter, is hereby declared a
nuisance, and the imposition of the penalties herein prescribed shall not prevent the
City of Hastings from instituting an appropriate action or proceeding to prevent an
unlawful remodeling, repair, construction, building, building moving or demolition, or to
restrain, correct or abate a violation.
A. The City Council sAall authorizes e the Hheritaae Pereservation staff and the
Buildina Official or his desianee Code Enforcement Inspector to enforce this chapter.
These officials may make inspections and take such action as may be required to
enforce the provisions of this chapter.
B. Riaht of Entry. Whenever the official has reasonable cause to believe that
there may exist in any buildina or on any property any condition that is in violation of this
chapter. the official may enter the area. place. buildina. structure or other obiect within.
a dulv desianated site or protected bvan Interim Protection Order at reasonable times
to make inspections or to perform any duty reauired to administer the ordinance. The
official shall first present proper credentials and request entry. If the property is
unoccupied. the official shall mail notice to the owner of record bv certified mail seven
J:\HPC\Sec.2.18 amendment 4-15-05.docC:\WINNT\Pfefiles\.'IMeheaev\M'I' Dei!1JlMlH9\eP8inllfies8lftefltlmefttituiY) .eeeDeellliieftt2
days prior to inspection. If entry is refused. official shall have recourse to every remedy
provided by law to secure entry. includina the riaht to secure a proper inspection
warrant.
C. Violation. When an area. place. buildina. structure or other obiect wifhin a
duly desianated site or protected bY an Interim Protection Order is in violation of this
chapter in addition to any criminal citation, the propertv owner of record shall be issued
a :Stop Work Order: in writina to include the followina information:
1. A description of the property sufficient for identification.
2. Description of the violation( s) and the action required to remedy the
violations( s ).
3. Provision of reasonable time to perform any remedy to be completed.
4. Notice of anv action that mav be taken by the City if required action has
not been made within a reasonable time period.
5. Notice of any riaht of appeal.
D. Complaints reaardina violations: Whenever a violation of this chapter occurs. or
is alleaed to have occurred. any person may file a written complaint. Such complaints
shall state fully the causes and basis thereof and shall be filed with the Heritaae
Preservation Commission. The Commission shall record properlY such complaint. and
immediately direct the official to investiaate. and take action thereon as provided by this
chapter.
E. Appeals. Any person aaarieved by a violation notice and order to take action
as required by the City shall have the riaht to appeal. The Citv Council mav uphold the
violation. void all violations. or chanae any described violation by addina violations.
removina violations or chanaina the order to take required action.
F. Appeal Procedure. Any property owner or owner's aaent that has been served
with a violation notice and an order to take required action shall have the riaht to appeal
the order to the City Council within thirty (30) calendar days after receivina the
compliance order. All appeals shall be made to the Heritaae Preservation Commission
in writina with any information to substantiate the appeal. The appeal shall be
considered by the City Council under section 2.04 of the'City Code.
SUBD. 8. REPOSITORY FOR DOCUMENTS. The HPC shall retain .'\ separate
file in the building Official's office is designated as the repository for at least one copy of
all Commission minutes, forms, studies, reports, recommendations and correspondence
required under Section 4, 5 and 6 of this ordinance. All minutes and records will be
available for public inspection during normal business hours.
SUBD.9. SEVERABiliTY. In case any section of this ordinance is held invalid
by a court of competent jurisdiction, the invalidity shall extend only to the section
1:\HPC\Sec.2.18 amendment 4-1 S-O S .docC:\,wg. JN1"!1fefilea\JMeAeIW\'\My DeeuHleft15\eRfinafteeameRdutetHiIItP;3.aeeDeeIllft8at2
affected, and other sections of this ordinance shall continue in full force and effect.
SUBD. 10. FORMER "Historic Places" designated 3S Historic Preservation
Sites. By Resolution 125 77, the City Council of the City of Hastings endorsed and
concurred 'Nith the listing of certain properties on the State an~tNational Registers of
Historic Places, and designated them as "historic places" in tne City of Hastings. In
recognition th3t tho City Council f-ound those proporties appropriate for preservation,
said properties are hereby designated Historic Preservation Sites within the meaning of
this ordinance. These propertios are as follows:
VanDyke Libby House at 612 Vermillion Street
Byron HO\Nes House at 718 Vermillion Street.
Rudolph Latto House at 620 Ramsey Street.
Dakota County Courthouse 3t Vormillion Street between 3rd & 4th.
Full Gospel Assembly Church at northeast corner of 8th & Vermillion.
Thompson Fasbender House at 649 'Nest 3rd Stroet.
Ignatius Eckert House at 724 Ashland Street.
Hastings \l\Iest 2nd Street Residential Historic District.
Hastings East 2nd Street Commercial Historic District.
V\'. G. LeDuc House 3t 1629 Vermillion Street.
The following properties, placed on the Nation31 Register with City Council
approval in 1979, are also hereby designated Historic Preservation Sites within the
meaning of this ordinance.
Fasbender Clinic at 801 Pine Street.
Hastings Foundry St3r Iron 'Norks at 707 E. 1st Street.
MacDonald Todd House at 309 'N. 7th Street.
Source:
Effective Date:
Ordinance No. 185, Second Series
9-19-85
G:\HPC\Sec.2.18 amendment 4-15-05.doc
J:\HPC\Sec.2.18 amendment 4-15-05.docC:I,W~~!T\Prefiles\JMaheftevlJ.~' DeeooteRtll\8I'6iB8BeiJ~iltE"'<3.tleeDaeltmeBt2
DRAFT
ADMINISTRATIVE PROCEDURES FOR APPEALS OF PRESERVATION
COMMISSION DECISIONS TO CITY COUNCIL
1. Ordinance 2.18 provides that when the Heritage Preservation
Commission denies an application for Certificate of Approval, the
owner may make an appeal in writing to the City Clerk within 10
business days. Grounds for the appeal must be submitted in
writing. The property owner making the appeal has the burden of
proof.
2. An appeal on the basis of economic hardship must demonstrate
that the denial of the Certificate of Approval will result in the loss
of all reasonable and beneficial use of or retum from the property.
Economic hardship relates to the property, not the person or
owner.
3. The City Clerk will refer the appeal to the Heritage Preservation
Committee of the City Council. They will meet with the owner
within 30 days and determine whether they can make a
recommendation to Council or if additional information is needed,
meet again within an additional 30 days. The committee may
require the owner to provide evidence and may request or contract
for information and opinion from outside professionals.
4. The Committee will make a recommendation to Council. The
approach in assessing economic hardship will be to look at factors
used by real estate developers, appraisers and lenders in valuing
property or investments to determine if the difference in value as a
result of the commission's action is significant. A high degree of
hardship is required to justify overriding a commission
determination. The impact must be substantial.
5. Among the types of information that may be required to support a
hardship appeal are the following. The information will be kept
confidential to the extent permitted by law.
a. Past and current use of the property;
b. Original purchase price;
c. Assessed value;
d. Recent appraised value;
e. Current mortgage principal balance and interest rate or
monthly payment.
f. Past income and expenses if investment property;
g. Past maintenance costs if owner-occupied;
h. Ownership structure (partnership, corporate, etc.);
6. The Committee will consider criteria including but not limited to
the following: /
a. No one has an absolute right to use his property in a manner
that may harm the public health or welfare, or damage the
interests of neighboring landowners or the community as a
whole.
b. Reasonable or beneficial use includes thejJwner's ability to
continue to carry out the traditional or eXisting use or
whether a viable use for the property remains as a result of
the denial of the Certificate of Approval.
c. Whether the hardship was self imposed in that the ordinance
was in effect or the property was desigp.ated prior to the
purchase of the property may be considered.
d. Owners have a right to a reasonable return or use of their
land, but are not guaranteed that the most profitable use
will be allowed.
e. The beneficial use of properties owned by charitable or non-
profit entities may be considered rather than the reasonable
fmancial return.
f. The difference in maintenance costs for a designated
property are not in themselves economic hardship. However,
the burden of exceptional costs on a property owner with
special needs or economic circumstances may be considered.
In these cases relief in the form of services or fmancial
assistance may be offered.
VI-I 3
HASTINGS
POLICE
DEPARTMENT
MEMO
TO:
Mayor Mike Werner
Hastings City Council Members
Chief Mike McMenomy 1717
April 27, 2005
Consent Agenda Item - City Property Dedication for Canine Training
Area
FROM:
DATE:
SUBJECT:
This memo will request council approval for dedication of current city property located next
to and around the current Hastings Police pistol range.
With the upcoming canine program we are interested in putting together a training area for
the police dog as the dog has to have 20 hours per month of refresher training to maintain
its skill level in tracking, climbing and overall agility. Lt. Kegley, who is coordinating the
canine program, has proposed that the current city property adjacent to the Hastings Police
Department pistol range be dedicated to be used forthis canine training area. The portion
of property 700 feet north of the fenced in pistol range and east of the range going to the
driveway leading up to the pistol range. As you know, the pistol range and all of that city
property is the old city dump property and will not be used for any future development and
Lt. Kegley has talked with the City Planner as there is no future development planned by
the City for that parcel of property. The Dakota County Sheriff's Office also currently has a
canine in the same canine training program that our department is involved in. Lt. Kegley .
has been in contact with Commander Peterson of the Sheriff's Office and they have
expressed interest in partnering with us in developing a training area for our handler and
their handler to use for their canine also. Lt. Kegley has lined up the possibility of getting
some fencing from Dakota County for a previous project that they no longer need this
fence for, and Commander Peterson advised they would be able to utilize Dakota County
Jail inmates on the Sentence to Serve Program to provide the labor in fencing off these
pieces of property, north and east of the current pistol range. At this time there should be
no cost to the city to put up this fence. Lt. Kegley is also coordinating with the St. Paul
Police Canine Program in getting specific sizes and work plans to put together the obstacle
course type equipment such as a wall, ladder, planks and various items the dog would use
in its training, to be put inside this fenced in area. We have previously also spoken to the
Boy Scouts of America who have indicated they would be willing to construct and build
these training apparatus pieces for our canine program as part of their Boy Scout merit
badge recognition. It wo~ld be our intention that once we get the specific pieces of
equipment and dimensions to see if our local lumber yards would be interested in
partnering with us and donating the materials needed to build these pieces of equipment,
and then having the Boy Scouts build them. This property could also be utilized by the
department in our yearly training in regards to Use of Force, Traffic Stops or other training
in which we would require a secluded area to work on certain training aspects of our work.
This memo is to inform Council and basically receive permi~sion to proceed with the
objective of fencing off the area just north of the police pistol range down to the new Spiral
Blvd. road that has recently been added to going down to Glendale Rd. The fence would
also be built along the east edge of the city property along the driveway going up to the
range from Spiral Blvd. Attached is a rough draft of our proposed area to be fenced off.
As mentioned this land is existing capped landfill area and can not be used for any other
development. Also, as previously mentioned the Dakota County Sheriffs Department has
expressed interest in partnering with us in utilizing this piece of city property for a canine
training and police training area. Dakota County has indicated they have fencing available
to be used to fence off the proposed piece of property and also manpower resources
available in utilizing the Dakota County Jail inmates under the Sentence to Serve Program
to install this fencing.
If you have any questions concerning this request to dedicate this piece of city property for
this use please do not hesitate to contact me. Thank you.
MCM/mjc
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VI-14
HASTINGS
POLICE
DEPARTMENT
MEMO
FROM:
DATE:
SUBJECT:
Mayor Mike Werner
Hastings City Council Members
Chief Mike McMenomy
April 27, 2005
Consent Agenda Item - Formal Resolution Supporting and
Participating in Dakota County Traffic Safety Project
TO:
Attached to this memo please find a formal resolution submitted by the Dakota County
Traffic Safety Group for approval by Hastings City Council for the Hastings Police
Department to participate in the Dakota County Traffic Safety Committee.
If you recall, the City Council, at the February ih, 2005 Council meeting, in the consent
agenda, previously supported the resolution for this department to take part in the
countywide traffic safety project in which 13 communities within Dakota County would
share resources and manpower to work on traffic safety projects and focus on different
areas throughout the various communities in Dakota County at set periods of time, similar
to a Safe and Sober saturation project. This formal resolution was sent by the Dakota
County Traffic Safety Committee for each participating City to submit so all of the
resolutions from the 13 participating communities would be the same in the grant proposal
submission. A formal joint powers agreement will also be submitted for formal Council
approval.
If you have any questions concerning this resolution please do not hesitate to contact me.
Thank you.
MCM/mjc
City of Hastings
Dakota County, Minnesota
RESOLUTION NO. 05- -05
A RESOLUTION AUTHORIZING HASTINGS TO ENTERclNTO A GRANT
AGREEMENT WITH THE DAKOTA COUNTY TRAFFIC SAFETY GROUP
WHEREAS, the City of Hastings desires to participate in the Dakota County
Traffic Safety Committee; and
WHEREAS, the State of Minnesota requires a resolution of the City Council to
participate; and
WHEREAS, the City has entered into previous Safe & Sober grants to provide
increased traffic enforcement and educational activities; and
WHEREAS, the City has partnered with the Dakota County Sheriff's Office and
the Minnesota State Patrol to increase traffic safety in the community; and
WHEREAS, the City will partner the 12 other government entities in Dakota
County to increase traffic safety; and
WHEREAS, the City Councilors of the City of Hastings have duly considered this
matter and believe that it is in the best interests of the City to enter into a grant
agreement with the OTS to provide enhanced traffic enforcement.
NOW THEREFORE, BE IT RESOVLED that the Mayor and the Assistant City
Administrator/City Clerk are hereby authorized to execute such agreement and any
amendments, and thereby assume for and on behalf of the City all of the contractual
obligations contained therein.
Adopted by the City Council of the City of Hastings this 2nd day of May, 2005.
CITY COUNCIL
CITY OF HASTINGS
By
Michael Werner, Mayor
ATTEST:
Melanie Mesko Lee, City Clerk
"
C:\Documents and Settings\ASchroeder\Local Settings\Temporary Internet Files\OLK6\Grant Resolution DRAFT
COPY. doc
VI-IS
HASTINGS
POLICE
DEPARTMENT
MEMO
FROM:
DATE:
SUBJECT:
Mayor Mike Werner
Hastings City Council Members
Chief Mike McMenomy
April 27, 2005
Consent Agenda Item - Joint Powers Agreement, Dakota County
Traffic Safety Projects
TO:
Attached please find the joint powers agreement for the new Dakota County Traffic Safety
Program.
The joint powers agreement enters into an agreement with 12 other communities in Dakota
County to share resources and manpower for working together on traffic safety concerns
and issues in individual communities. The project would involve select dates where the
participating communities would go to a certain area in a community and work on traffic
safety issues in that particular community. As you can see there are 13 Dakota County
communities that will be partnering together with this traffic safety project. City Attorney
Shawn Moynihan had previously reviewed this joint powers agreement, which was put
together through the Dakota County Attorney's Office and also reviewed and approved by
the League of Minnesota Cities legal department. A Dakota County Traffic Safety
Committee is applying for grants from the State to help fund this program, similar to Safe
and Sober grant program funding that the City of Hastings currently participates in within
our jurisdiction.
If you have any questions concerning this joint powers agreement please do not hesitate to
contact me. Thank you.
MCM/mjc
/
MUTUAL POLICE ASSISTANCE AGREEMENT
FOR ENFORCEMENT OF TRAFFIC SAFETY LAWS
1. Pm:pose. The purpose of this agreement is to provide for the joint exercise of the parties' law
enforcement powers pursuant to Minn. Stat. 9 471.59, so that the parties may furnish assistance
to and coordinate with each other in the enforcement of traffic laws within or adjacent to the
boundaries of Dakota County in the conduct of Traffic Safety Projects. It is not the purpose of
this agreement to provide for or address in any way requests by one party of another party for
any other law enforcement services, including ordinary patrol services.
2. Parties. The parties to this Agreement shall consist of the following units of government that
have signed this agreement:
City of Apple Valley
City of Burnsville
City of Eagan
City of Farmington
City of Hastings
City of Inver Grove Heights
City of Lakeville
City of Mendota Heights
City of North field
City of Rosemount
City of South St. Paul
City of West St. Paul
County of Dakota
3. Grant Funds. The City of Apple Valley, acting on behalf of the parties, shall apply for funding
from the State of Minnesota to support coordinated local enforcement of traffic safety laws. To
the extent that such grant funds are obtained and may be expended for peace officer overtime
compensation, the parties shall be entitled on a pro rata basis to reimbursement of overtime
compensation paid to the parties' peace officers who have participated in Traffic Safety
Projects pursuant to this Agreement. The City of Apple Valley shall account for all funds
received pursuant to this Agreement according to generally accepted accounting principles and
reports on receipts and disbursements shall be forwarded to the parties on a regular basis.
4. Traffic Safety Proiects. The parties will carry out the purpose of this agreement by jointly
participating in Traffic Safety Projects to which the parties will assign peace officers. Traffic
Safety Projects means targeted geographic areas during specified periods of time on specific
dates in which and during which the parties will assign peace officers to work together to
enforce traffic safety laws. Assignment of peace officers to work on Traffic Safety Projects
will remain in the sole discretion of the chief law enforcement officer of each party. The
decision of a party to decline participation in any Traffic Safety Project is without liability to
any party.
5. Recommendation of Traffic Safety Proiects. Peace officers from the parties will meet on an ad
hoc basis as the Dakota County Traffic Safety Group to identify and recommend Traffic Safety
Projects to the chiefs of police and Dakota County Sheriff. The Dakota County Traffic Safety
Group shall identify Traffic Safety projects utilizing data which identifies areas where Traffic
Safety Projects likely would have a substantial effect upon public safety within Dakota County.
The decision to assign peace officers to work on any particular Traffic Safety Project remains
within the discretion of the chief of police of each city that is a party to this agreement and of
the Dakota County Sheriff.
6. Exercise of Police Power. A peace officer who has been assigned by his chieflaw enforcement
officer to participate in a Traffic Safety Project located outside of the officer's jurisdiction has
Mutual Police Assistance Agreement
Page I of 16
the full and complete authority of a peace officer as though appointed by the agency or
agencies within whose jurisdiction the Traffic Safety Project is located.
7. ComlJensation. A peace officer who has been assigned by his appointing agency to participate
in a Traffic Safety Project pursuant to this Agreement shall be compensated by his appointing
agency just as if the officer were performing duties within and f?r jurisdiction of the officer's
appointing agency.' '..
8. Workers' Compensation. Each party to this agreement shall be responsible for injuries to or the
death of its own personnel. Each party shall maintain workers' compensation coverage or self-
insurance coverage covering its own persOlmel while they are participating in any Traffic
Safety Project pursuant to this Agreement. Each party waives the right to sue any other party
for any workers' compensation benefits paid to its own employee or volunteer or their
dependents, even if the injuries were caused wholly or partially by the negligence of any other
party or its officers, employee or \'olLmteers.
9. Liability. Each party shall fully indemnify and hold harmless the other parties against all
claims, losses, damages, liability, suits, judgments, costs and expenses incurred by reason of
the action or inaction of its employees assigned to participate in any Traffic Safety Project
pursuant to this Agreement. T1:is agreement to indemnify and hold hannless does not
constitute a waiver by any party of the limitations on liability provided by Minn. Stat. Ch. 466.
10. Direction and Control. Peace officers assigned by their appointing agency to participate in Traffic
Safety Projects pursuantto this Agreement shall remain under the direction and control of their
chieflaw enforcement officer.
11. Recall of Peace Officers. The appointing agency of a party may at any time and in the agency's
sole judgment and without liability to any party recall a peace officer assigned to participate in a
Traffic Safety Project pursuant to this Agreement.
12. Damage to Eauipment. Each party shall be responsible for damage to or loss ofits own
equipment that occurs in connection with the joint exercise of the parties' powers pursuant to this
Agreement. Each party waives the right to sue any other party for any damages to or loss of its
equipment, even if the damages or losses were caused wholly or partially by the negligence of any
other party or its officers, employees or yoltmteers.
13. Compensation for Equipment and Supplies. When a party assigns peace officers to work on
Traffic Safety Projects pursuant to 1 his Agreement, that party shall provide all fuel and other
materials and services for its peace officers who have been so assigned.
~
14. Effective Date. This Agreement s11all be effective when all eleven parties have signed the
Agreement. All parties need not sign the same copy of the Agreement. Signed Agreements shall
be filed with the City of Apple Valley, who shall notify all parties of the effective date.
15. Withdrawal. Any party may withdraw ITom this Agreement upon thirty (30) days' written notice
to the City of Apple Valley. The Ci l Y of Apple Valley will notify the other parties to this
Agreement. Withdrawal shall not ~Ict to discharge any liability incurred by any party prior to
withdrawal.
Mutual Police Assistance Agreement
Page 2 of 16
16. Notice. Notices required by Paragraph 15 of this Agreement or other correspondence related to
this Agreement shall be provided by first class mail to the following:
Apple Valley Chief of Police
7100 147th Street West
Apple Valley, MN 55124
Mendota Heights Chief of Police
1101 Victoria Curve
Mendota Heights, MN 55118
'..'~:'
Burnsville Chief of Police
100 Civic Center Parkway
Burnsville, MN 55337-3817
Northfie1d Chief of Police
300 West 5th Street
Northfie1d, MN 55057
Eagan Chief of Police
3830 Pilot Knob Road
Eagan, MN 55122
Rosemount Chief of Police
2875 145th Street West
Rosemount, MN 55068
Farmington Chief of Police
325 Oak Street
Farmington, MN 55024
South St. Paul Chief of Police
125 3Td Avenue North
South St. Paul, MN 55075
Hastinls Chief of Police
150 3T Street East
Hastings, MN 55033
West St. Paul Chief of Police
1616 Humboldt Avenue
West St. Paul, MN 55118
Inver Grove Heights Director of Public
Safety
8150 Barbara Avenue
Inver Grove Heights, MN 55077
Dakota County Sheriff
Law Enforcement Center
1580 Highway 55
Hastings, MN 55033
Lakeville Chief of Police
20110 Holyoke Avenue South
Lakeville, MN 55044
17. Termination. This Agreement shall terminate upon the occurrence of anyone of the following
events: (a) when necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction or (b) when a majority of remaining parties agrees to terminate the
Agreement upon a date certain or ( c) December 31, 2008.
18. Effect of Termination. Termination shall not discharge any liability incurred by the parties
during the term of this Agreement. Upon termination and after payment of all outstanding
obligations, property or surplus money held by the parties shall then be distributed to the parties
in proportion to their contributions.
19. Amendments. This Agreement may be amended only in writing and upon the consent of each
of the parties' governing body.
"
20. Records. Accounts and Reports. The books and records of the parties shall be subject to the
provisions of Minn. Stat. Ch. 13.
Mutual Police Assistance Agreement
Page 3 of 16
21. Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all ofwhich shall constitute one and the same instrument.
Counterparts shall be filed with the City of Apple Valley.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below.
Approved as to fonn:
COUNTY OF DAKOTA
Assistant County Attomey/Date
Donald Gudmundson
Dakota County Sheriff
Date of Signature
/
Mutual Police Assistance Agreement
Page 4 of 16
CITY OF APPLE VALLEY
Name
Title
',,':"';'
Date of Signature
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 5 of 16
CITY OF BURNSVILLE
Name
Title
Date of Signature :'~,
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 6 of 16
Mutual Police Assistance Agreement
CITY OF EAGAN
Name
Title
'J...J'
. Date of Signature
Name
Title
Date of Signature
/
Page 7 of 16
CITY OF FARMINGTON
Name
Title
Date of Signature ','~'
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 8 of 16
CITY OF HASTINGS
Name
Title
Date of Signature :'c,
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 9 of 16
CITY OF INVER GROVE HEIGHTS
Name
Title
Date of Signature
.";"4
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 10 of 16
CITY OF LAKEVILLE
Name
Title
';':"'~'
Date of Signature
Name
Title
Date of Signature
Mutua! Police Assistance Agreement
Page 11 of 16
CITY OF MENDOTA HEIGHTS
Name
Title
Date of Signature :'c,
Name
Title
Date of Signature
/
Mutual Police Assistance Agreement
Page 12 of 16
CITY OF NORTHFIELD
Name
Title
."''''~
Date of Signature
Name
Title
Date of Signature
Mutual Police Assistance Agreement
Page 13 of 16
Mutual Police Assistance Agreement
CITY OF ROSEMOUNT
Name
Title
."';"l
Date of Signature
Name
Title
Date of Signature
/
Page 14 of 16
Mutual Police Assistance Agreement
CITY OF SOUTH ST. PAUL
Name
Title
-,<".1
Date of Signature
Name
Title
Date of Signature
/
Page 15 of 16
CITY OF WEST ST. PAUL
Name
Title
'..,::",
Date of Signature
Name
Title
Date of Signature
O:\CIVIL\CONTRAC1\2004\K04-S93 Mutual Police Assistance Agreement.doc
Mutual Police Assistance Agreement
Page 16 of 16
VI-16
David Doffing - Type II Home Occupation Request #2005-201
City Council Memo - May 2, 2005
Page 1
Memo
.,':"J
To:
Mayor Werner and City Council
From:
Kris Jenson, Associate Planner
Date:
May 2, 2005
Subject:
Resolution - David Doffing - Type II Home Occupation License Review
#2005-20 - 118 Farm St.
REQUEST
David Doffing has requested a Type II Home Occupation License for his business at 118
Farm St.
RECOMMENDATION
The Planning Commission reviewed this at their April 25th meeting. There was very little
discussion and the Commission voted unanimously to recommend approval ofthe Type II
Home Occupation.
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-2, Medium Density Residential. Type II Home Occupations
are a permitted use upon review of Council.
David Doffing - Type II Home Occupation Request #2005-201
City Council Memo - May 2, 2005.
Page 2
Adjacent Zoning and Land Use
The following land uses abut the property:
*..;..,"
Direction
North
East
Existina Use
Single Family Home
Farm St
Single Family Home
Twinhome
Single Family Home
Zonina
R-2 - Med Dens Res
Comp Plan
U-I- Urb. Res.
South
West
_ R-2 - Med Dens Res
R-2 - Med Dens Res
R-2 - Low Dens Res
U-I- Urb. Res.
U-I ~ Urb. Res.
U-I- Urb. Res.
Existing Condition
The existing home was constructed in 1974. It is located between 1 st and 2nd St w, just
south of Regina Medical Center.
History
The business was first permitted in January 1987. It appears from our records that Mr.
Doffing has held a valid Home Occupation License since that time. Staff finds no record of
any complaints regarding this business filed with the City.
HOME OCCUPATION REVIEW
Outside Employees
The applicant has indicated that he and his wife work in the business, as well as two
outside employees who work part-time, typically two days per week to handle overflow and
clerical work. Their hours are 9 am to 1 pm.
Aceess and ParkiAg
Mr. Doffing's home is located on Farm Street, just south of Regina Medical Center. Farm
Street is a one-block long street. Mr. Doffing's application indicates that the majority of the
time there is only one customer at the home at a time. However, during the tax season
(February - April) there may be some overlap in customer visits which would result in two
customers visiting at the same time. The driveway is about 25' wide and measures 60+ feet
from the curb up into the property.
Storage of Equipment
Mr. Doffing's application indicates that there is no storage of equipment or materials in a
garage or s~ed on the property.
Signage
There does not appear to be any signage at the home for the business.
"
David Doffing - Type" Home Occupation Request #2005-201
City Council Memo - May 2, 2005
Page 3
Fire Safety Inspection
Mr. Doffing's home has been inspected by the Fire MarshaU, who signed off on the
application.
Comments from Neighbors
Notice of the home occupation license review was sent April 13th. Staff has not received
any questions or comments regarding the application.
ATTACHMENTS
. Location Map
. Application
. Questionnaire
/
.. ':..~
HASTINGS CITY COUNCIL
RESOLUTION NO. 05-_ -05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING
THE TYPE II HOME OCCUPATION LICENSE FOR DAVID DOFFING
AT 118 FARM STREET
Council member
and moved its adoption:
introduced the following Resolution
WHEREAS, David Doffing has petitioned for approval of a Type II Home
Occupation License to operate an accounting and financial services business at 118
Farm Street, legally described as Lot 10, Block 1, VALLEY WEST 2ND ADDITION,
Dakota County, Minnesota; and
WHEREAS, on April 25, 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
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 hereby approves the Type II Home Occupation License request of
David Doffing 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 (i.e. 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) 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 May 2nd, 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 2nd day of
May, 2005, as disclosed by the records of the City of Hastings on file and of record in
the office.
Melanie Mesko Lee, City Clerk
This instrument drafted by:
City of Hastings (KKJ)
101 4th 51. East
Hastings, MN 55033
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118 Farm St
David Doffing
Type II Home
Occupation
Legend
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_ Buildings
//\\.// Roads
o Parcels
Map Date: April 28, 2005
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em' or HASTIN&S f' S
Site Location
.,
CITY OF HASTINGS PLANNING DEPARTMENT
101 Fourth St East, Hastings MN:'~;'"
651.480.2350 - phone .651.437.7082 - fax
www.ci.hastings.rim.us
Home Occupation License -License Type Det~rminer
. . .. A..fn' ~e One
Do you have any outside employees (who do not reside at the home)? :l. ~~~. \!.::? No,
Does more than one vehicle visit your business at a. time? -/V.ot i~lIAi1y S~Yes No
Do you use a garage (attached or detached) or shed for your business? 1"1" c..A.wYes ~
)-Ioa,;4t JI/
If you answered yes to' any of the above questions, you are required to obtain a
Type IT Home Occuapation License from the City of Hastings prior to operation of
the business. Please complete the enclos~d questionaire and application form,
and return it to City Hall with the required application fee.
. '
If you answer~d no to all 3 questions, you are not requiI:ed 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 HaIL 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 busines~ at a time, or need to use
a garage or shed in the op~ration of your business, you must apply for a Type n
License. Please contact the Planning Department for the necessary forms.
Name: - JD !:tV"o'd DD ~F.~N,L
Business Name: /)4rId A~ .D"FN.Nj. Gf 11'
Address: }Ji' ;r.,.~ ~ /lAJ~~~f..(
Phone: ~$-~ -!/37 .5') 93
Fax: '~;.rl Y.1) III. 7f
Email: 1>;4D."F~JN" ~C~\M. t!.Q.rl-vNtjo
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Signature:
Date:
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9/28/2004
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HASTINGS FIRE
MARSHAL
FEB 082005. . Reviewed:3' -3; -051 J1! kiln
CITY OF w~m~ - PLANNING DEPT 6Jty.(f/PV'
~ .101 4th 5t E., Hastings,MN 55033 - Phone:651.480.2350 - Fax:651.437.7082
PAID
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Application for Home Occupation Lice~s'e
Applicant: D Po v: J, Do 'P F" N~
Business Name: VAvJd PI DiI Fp.;.A/L c.,..A-R
Address: /j S>' j'iZ"fi N ,'r'i 57 -
City: H~J~'.J State: .N)~ ~!p: S'..{"'Djl
Home Phone: C~J '1.1) .J~i~ Work Phone: t:S'1 "IJ7 .5-'/9.1
Email:. .D,j;} f)bF;'i'.J-j. 4- W,oMC.~$f.Ne,"i' Fax: bS"'J ).)J) 'It71
Property Owner (Ifdifferent from above): S J.i:f<.\<e,'"i ::r .DOj;~.fvt
Address: p.~t.,;
City: i . State: Zip:
Home Phone: A..r Work Phone:
Email: s:r /J~F~/,J/,. dJ~."^ l. Jlj.-r...et Fax:
Address of Proposed Home Occupation:
Legal Description: V Aw..~ w~sr
Ill' PIOn".,.. ';1
2"~ R~tn IV\. I 0 I
PID: Iq.... ~1401" loO-6(
Zoning Designation:, Je ~
Do you own or rentthi~ property? 6wN' (:IN SPIIJ~It.S 1.fIh.r.)
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 but 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 provided to the City of Hastings on this application, or
as a part thereof, is true and. accurate to the best of my knowledge. .
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Signature of 1P1cant
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Date
...
2
, CJTY OF HASTINGS
Planning Dept. -101 4th St E, Hastings MN 55033 - Phone 651.480.2350 - Fax 651.437.7082
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Home Occupation Questionnaire
If additional. space is needed to adequately answer any of the following
questions, answef'on a separate sheet of paper. Please number your answer to
correspond with the question.
1.
Describe the proposed home occupation: A<.L.l1vvf,".N7. 9-- ~''''...JIt.pL~1J L
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2. Describe the character of the surrounding properties:
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3.' Of those who reside in the home, who will be employed in this home
occupation and what will their duties be? 0 W Hue ..,.. ~ fJ " v.! e. ",
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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 employme~t.
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In what part of ,the home will the home occupation be located? How will
customers/employees access the area? "#~llt ~c" e l. ttI.f. tpl:r e...ri-It.."
~1Irie~ 'yF..--'"t 1)'''4.'
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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: ).J'
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7. What are the intended days and hours of this home occupation?
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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.
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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:
ovA /),-/..,f 1IoJj;.., i~ bll'U.~;"(~ J. ZY ;$ v,'Je 1..~~lItJJ
. J!i'D't J (..II/I.~ ~f ~4 ~ 'I $~',J~, 10,.4 Y c. ."s l....fT1l~~y~
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"if'N :.r. r s )W'.., ~ e. 71411.J .IIfd eA ,,0Itf..
.10. Will the home occupation require or involve any equipment not normally .
found in the home? If yes, describe the equipment:
fl'"fo"'/..
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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: .
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12. How long do you anticipate the home occupation will be operated at this
address?
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13. Are there any interior or exterior alterations required for this home
occupation? If yes, describe the interior and/or exterior alterations
. required:
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14. Will the home occupation produce glare, noise, odor, or vibration that will
be noticeable outside.the home? If yes, describe:
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15. Do you plan on dIsplaying any signs advertising yout home occupation? If
yes, attach a drawing of the proposed sign, in~luding the. size,. materials,
color and location of the sign.
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Are there any licenses or permits that are req~ired from any government
agencies to legally conduct this home occupation? If yes, list the licenses
or permits below: yeJ _ C p" I..'d" Ii
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May the City inspect the property during the time this application is being
considered for approval? )4" ,
List any additional information concerning this home occupation that you
believe !s necessary for consideration of your application:
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6vT _~ TN:,; ,..t.s,'dG./NC,(!... /411KJ .e./No.y J. IN 6o~1J1'/'p,~{.;e.
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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 Hastings on this application, or as a part thereof, is true and
accurate to the best of my knowledge.
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Signature of AP;l~t
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Date
,.
9/28/04
....
Page 2 of6
~---Original Message-----
From: Hanson, Jeremy [mailto:jhanson@tunheim.com]
Sent: Wednesday, April 27,2005 12:40 PM
To: jhanson@gominnesota.org
Cc;;: Caren Dewar (E-mail)
subjec::t: Transportation Campaign Continues
~..".....'
Dear Mayor,
It's not too late to sign on to the Regional Council of Mayors transportation issue statement, which was
sent to you last month. It still matters. Our combined voices can make a difference. Our partnership
with the go Minnesota! campaign has already helped elevate this important issue in the eyes of the
media, the legislature, and the public, but we can do morel Join with more than 35 other mayors to let
our legislators know that transit and road resources must be increased this year by signing onto our
statement. We need to let state leaders know how important this is at a local level and regional level.
As local government leaders, we see daily how congested and unsafe roads compUcate numerous aspects
of life in Minnesota and we must carry this message to the public.
The transportation issue statement is both below and attached. If you have not already done so, please
sign it and fax to Jeremy Hanson at 952-851-7276. We've also attached (and pasted below) a resolution
that you may choose to bring to your City Council for adoption. Because we know how busy you are,
we sent this email to your City Manager to bring it to your attention.
Thanks for your support and involvementl
Mayor Karen J. Anderson, RCM Co-Chair (Minnetonka)
Mayor Elizabeth Kautz, RCM Co-Chair (Burnsville)
PS: Please watch for an upcoming Regional Council of Mayor's event in June!
--------------------------------
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Regional Council of Mayors
Mayors' Statement on Transportation Priority
As Mayors representing cities in Minnesota's fast-growing ii-county metropolitan region, we
hereby declare our belief that transportation has become one of the most vexing problems facing
our communities and requires urgent attention from our state's leaders. Too many of our
communities are choking under congestion and suffer undue economic hardship from inadequate
transit and road infrastructure.
Although many positive transportation improvements have been implemented in recent years,
Minnesota's investment in roads and transit continues to fall behind our peer regions around the
country. Our roadways are our economic lifeline. Ifwe don't act now, the implications of an
inadequate transportation system will affect the productive growth and development of the entire
state for decades.
Far too many of our fellow Minnesotans unnecessarily waste time and money stuck in traffic
5/2/2005
RESOLUTION NO.
REGIONAL COUNCIL OF MAYORS
HASTINGS CITY COUNCIL RESOLUTION ON TRANSPORTATION PRIORITY
WHEREAS, too many Minnesotans unnecessarily lose time and money due to traffic
gridlock: Metropolitan area drivers each absorb a "congestion tax" of over $700 per year, and
collectively waste over 93 million gallons of fuel annually; and
WHEREAS, one million additional people are expected to live in metropolitan region
in the next two decades, further exacerbating our already unacceptable traffic congestion; and
WHEREAS, Minnesota's investment in roads and transit continues to fall behind our
peer metropolitan regions in the United States; and
WHEREAS, congested and unsafe roads hinder economic prosperity, erode quality of
life, and complicate numerous aspects of life in Minnesota: parents spend less time with their
kids and more time in traffic, emergency vehicles take longer to respond, and truckloads of
consumer goods increase in price as commercial vehicles are unduly delayed moving freight
from origin to destination; and
WHEREAS, solving our transportation problem is a complex and long-term challenge
that will require various strategies; and
WHEREAS, Minneso~ needs to adequately and strategically expand both its transit
system and roads with predictable, accountable, and long-term funding sources; and
WHEREAS, new transportation financing must prioritize public transit within a
comprehensive, multi-modal, interconnected transportation system that serves the II-county
metro area; and that light rail and commuter rail lines, along with expanded bus service, be
expanded to support the population and businesses in our fast-growing region; and
WHEREAS, urgent, courageous and visionary leadership is vital to forging a
sustainable, long-term transportation plan for our state and region. This leadership must drive
progress on such a long-range plan and maintain accountability for the process to the public.
THEREFORE, BE IT RESOLVED that, as elected leaders representing cities in
Minnesota's fast-growing II-county metropolitan region, we hereby declare our belief that
transportation has become one of the most vexing problems facing our communities and state
and requires urgent attention from our state's leaders. We call upon the leaders in the
legislative and executive branches to create a long-term solution to our transportation needs,
and to do so in the 2005 legislative session.
ADOPTED BY )JIE CITY COUNCIL OF THE CITY OF HASTINGS, THIS
2ND DAY OF MAY, 2005.
ATTEST
Michael D. Werner
Mayor
Melanie Mesko Lee
Assistant City Administrator
SEAL
VlII-A-l
MEMO
',:",
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
April 27, 2005
Water Quality and Production Study Results
The Operations Committee ofthe City Council met on Wednesday, April 27th to
review the enclosed Water Quality & Production Study summary. Briefly, the study
identified the immediate problem of rising nitrate levels in Wells #3 & #5 and the need to
drill a new well to meet our growing water supply needs. Two locations were identified
as possible new well sites - Conzemius Park and Vermillion Falls Park - based on
sampling from nearby wells and favorable geology at the sites. Test wells should be
drilled to sample water quality.
Blending water at Well #3 (Lions Park) appears to be the most cost effective
approach to addressing the rising nitrate levels from the well. Blending water from
deeper aquifers was ruled out. Both the Franconian Iron Galesville and Mt. Simon
aquifers have high iron levels that will require treatment. If we have to treat for iron, we
might just as well not blend and treat for nitrates. If the Conzemius Park test well has
low nitrate levels, an interconnecting water main could be constructed to blend water to
lower nitrate levels in Well #3. Another option is constructing an interconnecting water
main between Well #3 and Well #7 (Roadside Park tennis courts).
Due to cost, the treatment option is recommended only if blending does not prove
feasible. If treatment is needed for Well #3 and possibly later for Well #5, the treatment
plant would likely only run during the lawn irrigation season to meet our heavy summer
sprinkling demands. A water surcharge could be implemented during these months to
cover the costs of running the treatment plant.
Finally, the report also recommends implementing water conservations measures,
including increasing block rates, to curb the increasing demands on our water supply.
Our winter water supply demand can be meet with two wells most days. We will have a
tough time keeping up with summer demand with all five wells running if we have a dry
summer.
Action on sealing Well #1 and demolishing the well house was tabled last year,
until the results of the water production study was completed. Well #1 is not a viable
water source. The Water Quality and Production Study evaluated the possibility of
trading the closure of Well #1 for a permit to drill a Mt. Simon well, but the high iron
content of the Mt. Simon aquifer and possible high levels of radon preclude the use of the
Mt. Simon as a cost effective water source for the City.
OPERATIONS COMMITTEE RECOMMENDATIONS
. Drill test wells at the Conzemius Park and Vermillion Falls Park locations
---- ._._._~-_._..__.._...._--_.-
. Proceed with sealing Well #1
. Direct staff to review water conservations measures including prohibiting lawn
irrigation between 10:00 AM and 6:00 PM and increasing block water rate
structures.
','~.:
COUNCIL ACTION REQUESTED
Council is requested to approve the Operations Committee recommendations and
authorize the drilling of two test well and the sealing of Well #1, including demolition of
the pump house. Staff will report back at a future date on water conservation education
efforts and possible stricter conservations measures.
EXECUTIVE SUMMARY
Rapid growth in the City of Hastings has led for the need for a new high capacity water supply
well to be constructed and online for the summer 2006 pumping season. However, the City's
existing Jordan aquifer wells are being impacted by increasing nitrates contamination that
threatens to shut down at least two wells within the next decade. Nitrate is a form of nitrogen that
originates from animal wastes, nitrogen fertilizers, and plant decay. Nitrates contamination above
10 mglL has been linked to methemoglobinemia ("blue baby" syndrome) in humans.
Additionally, the presence of nitrates indicates that the aquifer is susceptible to impacts from
human caused contamination and may contain other contaminants.
This water quality and production study was undertaken to address the nitrates problems that
affect the exiting wells and to develop recommendations for future well exploration options.
Nitrates treatment was also considered for this study.
The project focused on four main areas, which include: 1. Finding potential low nitrates Jordan
aquifer sites for future production wells and possible well blending; 2. Exploring the Franconia-
Ironton-Galesville {FIG) aquifer as a possible source for water to reauce nitrates concentrations
in the Jordan wells through blending; 3. Explore obtaining permission to drill a deep Mt. Simon
aquifer well and blend Mt. Simon water with the current Jordan aquifer wells, and; 4. Investigate
nitrates treatment technologies available to the City.
Jordan Aquifer
The Jordan aquifer is currently the sole source of groundwater for the City of Hastings and will
continue to provide the majority of the drinking water in the future. However, nitrates
contamination in the Jordan aquifer has increased significantly within the past decade. To
address the problem, Dakota County initiated the Hastings Area Nitrates Study (HANS) and
published a report of their findings in March 2003. The study concluded that agricultural
fertilization was the primary source of nitrates contamination in the Hastings area, with a
secondary source of nitrates coming from human waste entering the groundwater through
improperly maintained septic systems. The Vermillion River was also identified as a likely
pathway for nitrates to infiltrate into the Jordan aquifer, since the river itself loses water to the
Jordan aquifer in the Hastings area upstream of the falls. Existing City well locations are shown
on Figure 1.
Historical concentrations of nitrates contamination, illustrated on Charts 1-6, show that all of the
City wells show a clear trend towards increasing nitrates, with Well Nos. 3 and 5 showing the
greatest impact. It is estimated that before the year 2008, Well No.3 will regularly meet or
exceed the regulatory limit for nitrates in drinking water (10 mg/L). Additional Jordan aquifer
sampling for the Middle School well, Con Agra Foods well, and the Veteran's Home Well No.3
has indicated that there are areas within the City with lower nitrates concentrations (below 2
mgIL). An investigation into the construction of each Jordan well, the geology immediately
surrounding each wellhead, and the wellhead protection capture zones (Figure 4), did not reveal
a clear pattern to the nitrates contamination. It was noted that nitrates concentrations at or below
the falls of the Vermillion River appeared to be lower, however, than other Jordan wells in the
5
City. In this area, it is thought the Vermillion River is gaining water from the aquifer instead of
losing water (and infiltrating nitrates). Also, high nitrates concentration of the test well for Well
No. 8 may have been related to the fact the casing was not fully set into the top of the Jordan
aquifer, but instead was open to 90 feet of the lower Prairie du Chien formation. Fractured flow
within the Prairie du Chien formation may be a pathway for nitrates t6'1'apidly impact a well.
Recommended future test well locations include Conzemius Park, just west of the low nitrates
Middle School well, and the area between the Con Agra well and the Veteran's Home.
Recommended well sites are shown on Figure 5.
A suitably low nitrates well site, if found in or near Conzemius Park, could be utilized to
construct a Jordan blending well to reduce nitrate levels in existing Well No.3. Alternatively, an
option exists to utilize Well No.7 to act as a blending well to reduce nitrates levels in Well No.
3. Tables 3a and 3b show the predicted results of Jordan well blending among the existing wells.
Section 7.3 presents cost estimates for two possible Jordan well blending scenarios.
The advantages and disadvantages of future Jordan well exploration are summarized in Table 8.
FIG Aauifer
The study examined the two FIG aquifer wells located at the High School to determine
representative FIG potential yield and water quality for the Hastings area. An aquifer pumping
test conducted on these wells indicates the FIG may be capable of producing wells up to 500
gpm each in the Hastings area, with the aquifer capable of sustaining three such wells as
blending wells. Water quality testing of the High School wells indicates that nitrates and
radionuclide concentrations appear to low in the FIG aquifer, while manganese is found just
below the recommended maximum of 0.05 mglL. Iron concentrations in the FIG aquifer appear
to be high, averaging 0.9 mg/L which is three times higher than the recommended maximum of
0.3 mg/L.
A predicted well blending scenario between three FIG wells and Jordan Well Nos. 3, 5, and 6
was analyzed. Table 4 shows the predicted results. Using a 3-to-1 blending ratio of Jordan to FIG
water, nitrates concentrations in the Jordan wells are reduced by approximately 25%. However,
the resulting iron concentration of the blended water is approximately 0.3 mg/L, which is the
recommended maximum limit for iron in municipal wells without treatment. Table 5 shows that
a maximum nitrates concentration of approximately 13 mg/L in each Jordan well can be blended
to 10mg/L or less with FIG blending wells. However, actual blending results should target a
result lower than 10 mglL to meet drinking water standards.
The advantages and disadvantages of FIG blending wells are summarized in Table 8.
Mt. Simon Aauifer
The Mt. Simon aquifer, being the deepest bedrock aquifer in the Hastings area, is the least
susceptible to nitrates contamination. However the Groundwater Act of 1989 was passed in order
to preserve the aquifer from excessive pumping, since historical data in the metropolitan counties
6
indicated that water was utilized at a faster rate than the aquifer could recharge itself. As such,
the Minnesota Department of Natural Resources (DNR) controls the permitting for wells in the
Mt. Simon and does not issue permits for new high capacity Mt. Simon wells in metropolitan
counties unless all "feasible or practical" alternative solutions have been explored.
"
Communications between Bonestroo and the DNR led to the DNR granting tentative approval
for the City of Hastings to drill one new Mt. Simon well in exchange for: 1. Abandoning and
sealing existing City Well No.1; 2. Implementation an aggressive water conservation program,
and; 3. Installation of a permanent Mt. Simon water level monitoring well. To date, City Well
No. 1 has already been targeted for sealing and the City already has a water conservation
program in place. It is likely that the City would have to pursue more aggressive water
conservation practices, however, to meet the DNR's expectations for water conservation. These
measures include increasing public education about water conservation and implementing
increasing block rates for water customers.
There are no Mt. Simon-only wells in the Hastings area, therefore no representative sample of
the Mt. Simon water quality could be collected. Other high capacity municipal wells in
surrounding communities were studied to determine likely concentrations of key parameters in
the Mt. Simon aquifer. Analysis of area wells indicated average iron concentration in Mt. Simon
wells to range between 0.6-0.8 mg/L (twice the recommended maximum of 0.3 mg/L), while the
Vermillion Well No.1 showed iron concentrations of 1.35 mg/L in a recent sample. Analysis of
representative manganese show levels below recommended limits and arsenic was not detected
in the wells analyzed for this study. Radionuclide testing, however, revealed that radium and
gross alpha concentrations are likely to exceed regulatory limits in half of the wells analyzed.
Assuming a Mt. Simon well with a capacity of 1000gpm, non-detectable nitrates, and an iron
concentration of 0.7 mg/L, a well blending prediction was completed. Table 6a shows the
anticipated results of a blend with City Well No.3, while Table 6b shows the anticipated results
of a blend with City Well Nos. 3 and 5. Table 7 shows the maximum levels of nitrates in the
Jordan wells that can be blended to the regulatory limit. The results indicated that a Mt. Simon
well blend, assuming a Mt. Simon iron concentration of 0.7 mg/L, will result in blended water
near the recommended maximum iron concentration. Blended radionuclide concentrations are
highly dependant on local radium and gross alpha concentrations and cannot be determined with
a more representative sample from the Hastings area.
The advantages and disadvantages of a Mt. Simon blending well are summarized in Table 8.
Nitrates Treatment
Well No.3 and Well No.5 currently have the highest nitrate concentrations of the City's five
wells. Chart 2 predicts that Well No.3 will reach the regulated level of 10 mglL for nitrates in
the year 2008. Chart 4 predicts that Well No.5 will reach the regulated level in the year 2013.
Blending with FIG aquifer wells or a Mt. Simon aquifer well are possibilities. Doing so will
introduce iron into the City's water supply with the potential for increased taste and iron staining
complaints. Also blending with FIG aquifer wells or a Mt. Simon well will reduce pumping
7
flexibility because two wells will have to be pumped concurrently. Despite these drawbacks,
blending offers a distinct cost advantage over nitrates removal.
This study evaluated nitrates removal treatment for Well Nos. 3 and 5. Although more
expensive than blending, nitrates removal is a technically and operatIonally feasible alternative.
Of the available nitrates treatment technologies, a general anion exchange resin treatment would
be the most cost effective technology. There are currently three municipalities in Minnesota that
practice nitrate removal.
Nitrates treatment is the most costly option available to the City, however. Treatment also
requires some ongoing maintenance, although day to day operation of the treatment plant would
be relatively simple.
The advantages and disadvantages of nitrates removal are summarized in Table 8.
Cost Analvsis
For groundwater wells, the cost per well is directly related to the depth of each well and the
amount of bedrock present at each location. However, the value of each well should not only be
calculated on the cost for well construction, but should also be gauged on the capacity,
versatility, and operating cost of each well. For example three FIG wells will be needed to
deliver the same capacity as one high capacity Jordan aquifer well and will be more costly to
construct and maintain. The Mt. Simon aquifer, being the deepest bedrock aquifer in the area,
will likely have the nighest per well construction and operational cost.
Infrastructure upgrades should also be considered when weighing costs. New Jordan aquifer
wells, if located near exiting large diameter water mains, will likely require the least upgrades to
the water supply system. Using new or existing Jordan wells for blending with current high
nitrates Jordan wells will require somewhat significant inftastructure upgrades. However, Jordan
well blending infrastructure upgrades would likely be less than the cost of a new well to replace
an existing well. FIG aquifer wells would likely be located near existing Jordan wells and would
need improvement to existing well houses to blend water before discharging to the water supply
system. A Mt. Simon blending well would be required to pump across both pressure zones to
blend with City Well Nos. 3 and 5, therefore requiring more extensive upgrades to the water
supply infrastructure to accommodate blending across both pressure zones.
Nitrates treatment would be the most costly option available to the City. Total estimate project
costs for building a treatment facility are $2.4 million, with an annual estimate of $76,500 for
plant maintenance.
Schedule
A schedule for a new Mt. Simon well is expected to require 16-18 months to complete, from start
of the test well design to completion of the well house. Comparable Jordan and FIG aquifer wells
are expected to take 14-16 months to complete. To successfully have a new Jordan or FIG well
online by summer 2006, test well design}hould begin by March 2005.
8
Recommendations
The City of Hastings should pursue finding up to two low nitrates Jordan aquifer well sites, if
possible. One well site will be needed for the 2006 season, while the second site might be
necessary to replace Well No.3, if no other nitrates reductions methods are undertaken. Potential
test well sites are presented on Figure 5. All new Jordan aquifer test wells and production wells
should be cased below the top of the Jordan to minimize influx of nitrates contamination from
the Prairie du Chien aquifer.
The use of a lower nitrates Jordan aquifer well for blending with higher nitrates Well Nos. 3 is a
possibility. The viability of this option depends on either finding a new low nitrates well site in
this area of the City or using the existing Well No.7 for blending. The City should assess the
viability of this option once test drilling in the Jordan is complete.
Due to the unknown aspects regarding the water quality of the Mt. Simon formation, a new Mt.
Simon well appears to be the least favorable well option available to the City. High construction
costs and infrastructure upgrades also reduce the favorability of a Mt. Simon well.
FIG aquifer blending wells, while being the least productive on a per well basis, might be useful
in allowing the City to salvage the use of one or two high nitrates Jordan aquifer wells for use
over peak demand periods.
Nitrates treatment is the option with the best chance of successfully allowing the City to rely
solely on the Jordan aquifer for its future water supply needs. The high cost and maintenance of a
treatment facility makes this option somewhat less desirable. Once Jordan aquifer test drilling is
complete, the City will have a better understanding of whether nitrates treatment is an option to
pursue further.
9
9.0 CONCLUSIONS
1. Growth in the City of Hastings will require one new high capacity well to be online by
the summer 2006 pumping season. The Jordan aquifer, bein,g the City's sole source of
groundwater, will continue to provide the majority of the City's water supply beyond
2006, regardless of measures required to control nitrates levels.
2. The Hastings Area Nitrates Study (HANS) identified agriculture as the primary source of
nitrates contamination to the Jordan aquifer. A secondary source of nitrates is human
waste that infiltrates from leaking septic systems. The Vermillion River was also
identified as a transport for nitrates contamination to the Jordan aquifer, where the river
infiltrates water into the Jordan aquifer upstream of the falls.
3. Nitrates charts for all of the City of Hastings Jordan aquifer wells show a clear upwards
trend in nitrates levels, even in wells least affected by nitrates. Well No.3 currently has
the highest consistent nitrates level at 9.0 mg/L and is expected to regularly reach or
exceed the regulatory limit of 10.0 mg/L by the year 2008. Well No.5 shows the second
highest nitrates impact, and will likely meet or exceed the regulatory limit for nitrates by
the year 2013.
4. Groundwater sampling of Jordan aquifer wells at the Middle School, the Veteran's
Home, and Con Agra Foods showed nitrates levels significantly lower than observed in
the City's Jordan aquifer wells.
5. Analysis of Jordan aquifer captures zones, well construction, and wellhead geology did
not show a clear pattern to the nitrates contamination. However, the wells tested at or
)Jelow the falls on the Vermillion River (Con Agra and the Veteran's Home) appeared to
- show lower nitrates, possibly as a result of the river not infiltrating into the aquifer at this
location. Also, the short casing depth for the test well for Well No.8 may have been a
contributing factor to the high nitrates reading at this location.
6. Jordan aquifer blending may be viable if the Conzemius Park well site has sufficiently
low nitrates to make blending practical. Also, Jordan well blending between Well No.3
and Well No. 7 appears to be feasible if the infrastructure can be upgraded to
accommodate blending.
7. Aquifer testing ofthe FIG aquifer wells at the High School appeared to indicate the FIG
aquifer is capable of supporting three 500gpm well for the City of Hastings water supply
system.
8. Water quality sampling of the High School FIG wells indicated a high concentration of
iron, with low arsenic and radionuclide concentrations. Manganese levels were just below
the recommended maximum.
9. Using the FIG aquifer as blending wells for Jordan Wells Nos. 3, 5, and 6 would allow
the reduction of approximately 25% of the nitrates in each Jordan well, assuming a 3-to-1
46
blending ratio between the Jordan and FIG wells. Well blending would also result in
blended water of approximately 0.3 mg/L of iron, which is at the threshold of
recommended iron concentration levels for municipal drinking water systems.
10. The DNR has tentatively agreed to allow the City of Hastihgs to install one new Mt.
Simon high capacity well, pumping at an appropriations of 1.5 million gallons per day, in
exchange for the sealing of Well No.1, the implementation of a water conservation
program, and the installation of one Mt. Simon monitoring well elsewhere within the City
for long term water level measurements.
11. Available water quality data from regional Mt. Simon aquifer wells indicates iron
concentrations typically range between 0.6-0.8 mg/L, but may reach 1.3 mg/L in some
wells. Manganese concentrations in available Mt. Simon aquifer samples were generally
low. Radium and gross alpha results in regional wells varied significantly, but tended to
show radionuclide concentrations above the regulatory limit in over half of the wells
tested.
12. A Mt. Simon well blending with City Well Nos. 3 and 5 could effectively reduce nitrates
levels in each well, but may result in iron concentration at or above the recommended
maximum limits for public water supply systems.
13. Nitrates treatment is a technologically feasible means to reduce nitrates in the Jordan
aquifer wells, while allowing the City to maintain water quality with regards to other
parameters. Of the treatment technologies available, a general anion exchange treatment
resin would be the most cost effective technology. However, total cost for treatment plan
construction is costly, estimated to be approximately $2.4 million per plant, with
additional costs for routine maintenance and operation.
14. Jordan aquifer wells are the least expensive wells to construct, with Mt. Simon wells
being the most expensive to construct. Expense of the well should also take into account
the value of each well, with three FIG aquifer wells pumping the equivalent amount of
water as one high capacity Jordan aquifer well. The Mt. Simon well is also the most
expensive option for day-to-day operational costs, with Jordan wells being the least
expensive. With regards to water supply in:ITastructure, the Mt. Simon well is also
expected to be the most expensive option, requiring piping across the pressure zone
divide to effectively blend nitrates :ITom Jordan Well Nos. 3 and 5.
15. The time frame to complete a new Mt. Simon well is approximately 16-18 months :ITom
the start of the test well design period. A Jordan or FIG aquifer well is expected to be 14-
16 months to complete.
47
10.0 RECOMMENDATIONS
1. A comparison of well and nitrates treatment advantages and disadvantages is presented in
Table 8 to aid the City of Hastings in selecting a suitable 90urse of action to address
water production needs and nitrates contamination. .-'
2. Since the Jordan aquifer will continue to be the City's main source of groundwater, test
well drilling in the Jordan should commence as soon as possible to identify possible low
nitrates areas. Recommended test drilling sites include Conzemius Park and the area in
the vicinity of Con Agra Foods and the Veteran's Home. Two potential well sites should
be identified, if possible. One site will serve as the new City well site and one site will be
available for replacement of Well No.3 or Well No.5, if necessary.
3. If a low nitrates well is found in the Conzemius Park area, or on a nearby property, this
well should be considered as a blending well to salvage the use of existing Well No.3. If
the Conzemius Park area does not have low nitrates, Jordan well blending between Well
No.3 and Well No.7 may be feasible.
4. All new Jordan aquifer test wells should be cased below the top of the Jordan formation
to be representative of the construction used in building production wells. This is
expected help reduce direct influx of nitrates contamination from the Prairie du Chien
aquifer.
5. FIG aquifer blending wells, while not necessarily the most cost effective option for
addressing nitrates contamination at the three most impacted wells (Nos. 3, 5, and 6) may
allow the City to salvage use of one or two high nitrates Jordan wells for peak demand
periods in the event no other low-nitrates Jordan aquifer well sites are discovered. This
option should be left open for the City to consider, if other options eventually prove less
desirable.
6. The Mt Simon aquifer well is potentially the least favorable option, since the cost to
construct and operate this well will be the highest of the three well blending options.
Additionally, the water quality of the Mt. Simon aquifer is questionable in the Hastings
area, with the potential for high iron or radionuclide concentrations that may limit the
effectiveness of the Mt. Simon. Exploration of using the Mt Simon should be reserved if
all other options have been exhausted.
7. Regardless of the City's decision whether or not to pursue a Mt. Simon aquifer well, the
City should consider implementing stricter water conservation measures, including
increased public education about water conservation and establishing increasing block
water rates. An aggressive water conservation program will help the City find a longer
term solution to the nitrates problem before the need for additional wells arises beyond
the year 2006.
8. Nitrates treatment is somewhat less desirable up-front due to its large initial investment
and ongoing maintenance requ!rements. A decision about the practicality of nitrates
48
treatment will easier to make following test drilling of the potentially low nitrates Jordan
well sites.
9. No one solution may answer all of the issues facing the Hastings water supply system.
The long term solution may be a combination of new Jordan\vells, a blending well, and
limited nitrates treatment.
10. The tight schedule for the completion of a well before the summer 2006 pumping season
requires that design and bidding oftest wells begin by March 2005.
11. Based on the results of the test drilling and sampling of the Jordan aquifer, the City will
be able to make a more informed decision among the options available for saving or
replacing Well No.3.
49
12
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Chart 3: Hastings Well 4 Nitrates Concentrations
APPROXIMATE TREND OF NITRA ES
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Date
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Chart 4: Hastings Well 5 Nitrates Concentrations
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Date
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Chart 5: Hastings Well 6 Nitrates Concentrations
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Jan-93 Jan-94 Jan-95 Jan-96 Jan-97 Jan-98 Jan-99 Jan-OO Jan-01 Jan-02 Jan-03 Jan-04 Jan-05 Jan-06 Jan-07 Jan-08 Jan-09 Jan-10
Date
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Chart 6: Hastings Well 7 Nitrates Concentrations
---
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- APPROXIMATE TREN[ OF NITRATES
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Jan-93 Jan-94 Jan-95 Jan-96 Jan-97 Jan-98 Jan-99 Jan-OO Jan-01 Jan-02 Jan-03 Jan-04 Jan-05 Jan-06 Jan-07 Jan-08 Jan-09 Jan-10
Date
Table 3a - Two Well Jordan Blending Predictions - Based on Current Lab Data
Pump Existing Nitrates Concentration (mg/L) Predicted Year 2010 Predicted Maximum Nitrates
Capacity (gpm) (Spring 2004 data) Nitrates Concentations (mg/L) Blending Scenario (mg/L)
Well No.3 1225 9.0 10.6 13.0
Well No. 7 1400 4.5 5.3 6.5
Blended Total 2625 6.6 7.8 9.5
Table 3b - Three Well Jordan Blending Predictions - Based on Current Lab Data
\ Pump Existing Nitrates Concentration (mg/L) Predicted Year 2010 Predicted Maximum Nitrates
Capacity (gpm) (Spring 2004 data) Nitrates Concentations (mg/L) Blending Scenario (mg/L)
Well No.3 1225 9.0 10.6 12.2
Well No.5 1100 7.8 9.2 10.6
Well No. 7 1400 4.5 5.3 6.1
Blended Total 3725 7.0 8.2 9.4
c
Table 4 - Jordan-FIG Well Blending Predictions - Based on Current Lab Data
Well Capacity (a m) Nitrates (mall Iron' mall)
Well Site Jordan FIG Total Jordan FIG Blended Jordan* FIG Blended
Well 3 1225 400 1625 9.0 0.1 6.8 0.1 0.9 0.3
Well 5 1100 360 1460 8.0 0.1 6.1 0.1 0.9 0.3
Well 6 1500 500 2000 6.0 0.1 4.5 0.1 0.9 0.3
"assumed iron concentration, based on historical averages
Tabl~ 5 - Jordan-FIG Well Blending Predictions - Based on Maximum Allowable Nitrates
Well Capacity (a I)m) Nitrates (mall
Well Site Jordan FIG Total Jordan FIG Blended*
Well 3 1225 400 1625 13.2 0.1 10.0
Well 5 1100 360 1460 13.2 0.1 10.0
Well 6 1500 500 2000 13.3 0.1 10.0
"regulatory maximum is 10.0 mglL
.['
Table 6a - Jordan-Mt. Simon Well Blending Predictions - Well No.3 Blending
Well Capacity (gl!)m) Nitrates (mall) Iron (mg/l)
Well Site Jordan I Mt. Simon* Total Jordan I Mt. Simon I Blended Jordan I Mt. Simon** T Blended
Well 3 1225 I 1000 2225 9.0 I <0.1 I 5.0 0.1 I 0.7 I 0.37
. assumed maximum um In rate of 1000 m
p p g gp
..estimated iron concentration, based on observed averages in Dakota County
Table 6b - Jordan-Mt. Simon Well Blending Predictions - Well Nos. 3 and 5 Blending
Well Capacity (al )m) Nitrates (mall Iron (mall)
Well Site Jordan Mt. Simon* Total Jordan Mt. Simon Blended Jordan Mt. Simon** Blended
Well 3 1225 500 1725 9.0 <0.1 6.4 0.1 0.7 0.27
Well 5 1100 500 1600 8.0 <0.1 5.5 0.1 0.7 0.29
. assumed maximum pumping rate of 1000 gpm
..estimated iron concentration, based on observed averages in Dakota County
Table 7 - Jordan-Mt. Simon Well Blending Predictions - Based on Maximum Allowable Nitrates
Well Capacity (a: m) Nitrates (mall
Well Site Jordan Mt. Simon Total Jordan FIG Blended*
Well 3 1225 500 1725 14.1 <0.1 10.0
WellS 1100 500 1600 14.5 <0.1 10.0
.regulatory maximum IS 10.0 mg/L
TABLE 8 - CITY OF HASTINGS WATER QUALITY STUDY, ANALYSIS OF NITRATES REDUCTION OPTIONS
COURSE OF ACTION ADVANTAGES DISADVANTAGES
I. City pursues additional Jordan I. City will have to rely on Jordan aquifer to meet most of the water supply demand, I. There is no guarantee that another Jordan well can be located
that is low in nitrates. Test drilling is required to
aquifer wells that are low in regardless of nitrates levels. find a suitable low nitrates Jordan well site.
nitrates. 2. Low nitrates Jordan wells wouldn't likely require any treatment for other 2. There is no guarantee that a new Jordan well with low nitrates will continue to have low nitrates
concentrations.
compounds. Except for nitrates levels, Jordan aquifer water is of high quality. 3. Trends in nitrates levels for the next 10-20 years are somewhat uncertain. City may eventually have
to pursue
3. The Jordan can reliable supply 1000-1500gpm per well. one of the other courses of action to address nitrates.
4. No additional infrastructure for water blending would be required. 4. New Jordan aquifer wells do not address elevated nitrates levels in current Jordan wells. Well Nos. 3 and 5
may
5. Jordan aquifer wells are the least expensive to construct and can be constructed more eventoaIly have to be shut down if their nitrates levels continue to trend upward at the same
rate, requiring the
Quicldv than Mt. Simon wells. need for those wells to be renlaced.
2. City uses new or existing low I. City may be able to use new Jordan well as both a new water supply source and as a I. The likelihood of finding a new low nitrates Jordan well near
Well No.3 is limited.
nitrates Jordan well to blend away means to salvage use of a nearby high nitrates Jordan well. 2. Infrastructure upgrades would be required to blend water between Jordan well sites.
Piping in water from a
high nitrates in Well No.3. 2. Use of Jordan aquifer water for blending does not introduce higher iron or more distant well site increases cost of blending.
manganese into the water supply system. 3. Using a Conzemius Park well for blending with Well No.3 would require crossing pressure zones.
3. Existing Well No.7 can feasibly be blending with Well No.3, not requiring the City 4. Ifuitrates levels rise in the lower nitrates Jordan well, blending between Jordan wells may
cease to be a viable
locate a new low nitrates well site in order to salvage us~ of Well No.3. option. Investment in infrastructure upgrade to accomplish blending will be lost.
4. Option is less expensive than completely replacing a high nitrates well with a new 5. High nitrates Jordan wells could only be operated simultaneously with the low nitrates wells,
reducing the
low nitrates well. flexibilitv of the water sunnlv SYstem.
3. City drills FIG aquifer wells to 5. FIG water appears to be present in sufficient quantity to supply three 500gpm wells I. Elevated iron concentrations mean that each FIG well, if
puntping 500 gpm to blend with each 1000gpm Jordan
blend down nitrates concentrations for the City to use as blending wells. well, may noticeably affect the perceived taste of water and could cause iron staining complaints.
in Jordan wells. 6. Minnesota DNR has no issues with utilizing water from the FIG aquifer. 2. Three FIG are needed to supply the equivalent water as one 1500gpm well would.
3. Infrastructure upgrades would be required to blend FIG water with Jordan water.
4. Overall cost of drilling FIG wells is higher due to increased depth and decreased yield (as compared to Jordan
wells).
5. The FIG aquifer can be highly variable over short distances, so aquifer water quality and transmissivity of
future blending well may differ from the observed results at the High School irrigation wells.
6. FIG and hil!b nitrates Jordan wells would have to be run simultaneouslv, reducinl! the flexibilitv of the system.
4. City drills Mt. Simon well in I. Minnesota DNR is currently willing to accept trade in order for City to drill Mt. I. The concentrations of iron, manganese, and radium in the Mt.
Simon are relatively unknown in tlte Hastings
exchange for abandoning Well No. Simon well. area, although iron concentrations appear to be elevated in surrounding communities. A test well would be
I and implementing stricter water 2. Mt. Simon water is likely yery low in nitrates and could successfully be used to needed to determine the viability ofMt. Simon aquifer water quality
before construction a production well.
conservation practices. blend down nitrates levels in Well Nos. 3 and 5. 2. The cost of drilling and pumping a Mt. Simon aquifer well is higher than drilling and pumping a Jordan or
FIG
3. One Mt. Simon well can likely pump twice as much as one FIG well. well. Construction time is also greater.
3. Mt. Simon well wouldn't likely be able to exceed 750-1000gpm. Only one Mt. Simon well would be allowed.
4. Additional infrastructure would be required to blend water with Jordan wells.
5. Mt. Simon well would likely have to be run simultaneously with Jordan wells to maintain desired aesthetic
water quality for residents (i.e. taste and staining).
6. Stricter water conservation methods would have to be enacted to obtain pe~ission for Mt. Simon well. This
might be unpopular with residents.
7. The City would likely need to construct and maintain one monitoring well in order to gain permission to drill a
new Mt. Simon production well.
8. Mt. Simon and high nitrates Jordan wells would have to be ron simultaneously, reducing the flexibility of the
""stem.
5. City pursues nitrates treatment I. Guaranteed method to remove nitrates from existing wells. The City's investment in I. Nitrates treatment is relatively uncommon in Minnesota. There
aren't many other cities from which to learn
option. Well Nos. 3 and 5 can be saved by not having to shut the!le wells down. from their successes or failures.
2. Would allow City to use Jordan aquifer exclusively. 2. Nitrates treatment would be costly and also requires routine maintenance. Additional City staff time would be
3. Would maintain low iron levels in drinking water by not needing blending from FIG required to operate and maintain treatment facility.
or Mt. Simon wells.
4. Relatively easv to onerate on a dav-to-dav basis.
)
City of Hastings
WELL LOCATIONS
Water Quality and
Production Study
Figure 1
... Municipal well (Jordan)
. Other public supply (Jordan)
. Industrial well (Jordan)
" Irrigation well (Jordan)
. Test well (Jordan)
. Other public (MI. Simon)
Irrigation well (Franconia-
Ironton-GaI8sville)
.... .' High I Low System Divide
/~, City I Township boundary
I \ I County line
Wf7E
S
2000
2000
Foet
December, 2004
~ :::.svoo
-=- Andert &
1;]1 Assod8tes
..,.,..... 4 AtdtttKts
(
City of Hastings
WELLHEAD
PROTECTION
AREAS
Water Quality and
Production Study
Figure 4
'" Municipal well (Jordan)
. other public supply (Jordan)
. Industrial well (Jordan)
Q Irrigation well (Jordan)
. Test well (Jordan)
. other public (MI. Simon)
Irrigation well (Franconla-
lronton-Galesvllle)
,. " City I Township boundary
/ \ / County line
o 1-Year Capzure Zone (EMZ)
o Wellhead Protection Araa
I::J Drinking Water Supply
Management Area
o Very high vulnerability
W*E
S
2000
o
Feet
2000
December. 2004
J!j =00
-=-~&
U AuacIaIes
fnI'""" , AtdIttectI
(
)
)
City of Hastings
RECOMMENDED TEST
WELL LOCATIONS
Water Quality and
Production Study
Figure 5
Recommended test
well location
... Municipal well (Jordan)
. Other public supply (Jordan)
. Industr1al well (Jordan)
I!> Irrigation well (Jordan)
. Test well (Jordan)
. Other public (Mt. Simon)
Irrigation weR (Franconia-
lronton-Galesvllle)
.--_ .- High I Low System Divide
/ ~, City I Township boundary
/ \ / County line
W.E
S
2000
2000
Feet
Dec., 2004, Revised Jan. 2005
8::::roo
a AncIerIIk &
1\11 AssocIates
~1"AfthftKts
VlII-A-2
MEMO
...,';.~
To:
From:
Date:
Re:
Honorable Mayor and City Council
Tom Montgomery
April 28, 2005
Low System Trunk Watermain Needs
The Operations Committee met on Wednesday, April 27th to address water system
issues including the low system's trunk watermain needs. As part of the downtown
redevelopment proposals, TKDA was ~ked to model our water system to determine if
we could meet the fire flows needs requested by the Fire Department. The report
identified trunk water main improvements to serve the downtown area, but also noted
several deficiencies on the low system, particularly in the areas of 4th and Forest Streets,
and 16th and Vermillion.
Enclosed is a map illustrating trunk water mains. The low system (white area) is
fed from a single trunk main leading from the ground storage tank on Hwy 55 by the
Super Store. The single trunk main branches into 3 trunk mains that are not connected.
These mains serve the Tilden School area, the downtown area and Con Agra Mill area.
The lack of interconnecting mains creates large pockets of lower flow areas. I have also
enclosed a drawing that shows recommended interconnecting mains and possible adding
a 3rd pressure zone in the Westwood area.
COUNCIL ACTION REQUESTED
Council is requested to approve the concept of constructing additional looping
trunk watermains on the low system over the next five to seven years in conjunction with
street reconstruction activities.
-
ern' OF 1IlI.STIN6S
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VIII-B-1
April 28, 2005
TO: The Honorable Mayor and City Council
FROM:
John Grossman, HRA Director
:.,:.:
RE: REVIEW OF PROPOSED TERMS FOR SHERMAN
AGREEMENT
PURPOSE. Ehlers' memo is a summary of the key points proposed for a
development agreement with Sherman for your review and direction.
Ehlers staff, the developer and City staff will be at the meeting to answer
your questions.
COUNCIL FINANCE COMMITTEE REVIEW. Members Hicks. Alongi and
Moratzka met on April 18 to review the proposed terms. They were
unanimous hi their support for the terms and methods of financing the
public components of the riverfront redevelopment. The committee
agreed that these terms should be brought to Council for review and
concept approval before Sherman's phase one site plan is submitted for
Council approval.
ACTION REQUESTED. Provide feedback on the proposed terms and if
they meet your concept approval, direct staff to draft a development
agreement between the City, HRA and Sherman Associates.
REDEVELOPMENT GOALS INCORPORATED. Over the past two years,
the RFP, public comment, market studies, joint meetings with the
developer, and City approval of Sherman's master plans have defined
basic goals to be included in the riverfront redevelopment. The terms
and the financing plan incorporate these goals.
. New buildings compatible with the historic character of downtown
and finished on all four sides.
. Commercial space adjacent to the sidewalk on Second Street.
. A river view restaurant/banquet facility as a destination.
. Park improvements: promenade (walk and emergency access) and
landscaping, a gazebo (or an amphitheater) and public restrooms.
. Access to Levee Park: parking for park visitors and sidewalks
linking downtown to the promenade.
. Public parking: residential provides its own parking; a new public
lot to be built east of Tyler between Second and Third Streets.
. Public improvements: street and utility reconstruction, overhead
lines buried, additional water mains, trail connections.
The project team which assembled the numbers and developed the
financing plan and terms included Sherman Associates and their
attorneys, architects and engineers, representatives of private utilities
and CP Rail, the City's consulting engineer and lands.<;'flpe architect, the
City and HRA [mandal consultants and development" attorney, and City
staff.
Inclosures
Ehlers Memo - Sources and Uses - Proposed Terms
Master Plan incorporated in Preliminary Agreement, January 3, 2005.
"
.
EHLERS
& ASSOCIATES INC
...':"J
0 To:
:is From:
W Subject:
:IE
Date:
Honorable Mayor and City Council
Jessica Cook and Sid Inman
Proposed Terms for Development Agreement with Sherman
Associates
April 29, 2005
Over the last two months, city staH: consulting engineers, Ehlers, and Loren Brueggeman
and his staffhave been working on Sherman's redevelopment project. Much of the work
has related to determining the required public improvements; i.e., where the new water
main will run, what street segments need reconstruction, and where the storm sewer will
discharge. Cost estimates for the public improvements have been refined. We are now at
the point where we can provide a refined financial summary for the downtown
redevelopment projects (please see Attachment A).
Public Improvements
The Sources and Uses Statement (Attachment A) assumes that the following public
improvements will be completed in conjunction with downtown redevelopment:
· Reconstruction and streetscaping of Tyler and Ramsey and underlying utilities to
the north of Second Street
· Streetscaping of 2nd 8t . between Bailly and Tyler
· Installation of Trail east of Block 1
· Construction and landscaping of public parking lot on Block 16
· Installation of new water main in the 1st Street right-of-way
· Installation of storm sewer that serves broader downtown area
· Burying overhead utilities
· Promenade/public restroomslgazebo in Levee Park
A budget allowance has been provided for the Promenade and related improvements. It is
understood that the Council has not fully discussed or determined the amenities that will
be included as part of the improvements in and along Levee Park.
All of the public improvements, except for the Promenade, restrooms, and trail, will be
assessed to Sherman Associates and the Three Rivers project. Therefore, if the Three
Rivers project does not proceed, the City will need to find another funding source and/or
delay installing some of the improvements. t
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(651) 697-8546 Fax: (651) 697-8555
jcook@ehlers-inc.com
http://www.ehlers-inc.com
The amount of tax increment required for each phase of Sherman's redevelopment are
current estimates that are anticipated to be on the high side. The amount will be refined
as the project is bid and the actual cost of the public improvements is determined. To
date, Mr. Abdo has not requested tax increment financing for the Three Rivers Project on
Block 2. Tax increment generated by the Three Rivers Project will be necessary to make
the restaurant financially feasible.
',>:"1
Proposed Terms
The next step in the redevelopment process is for the City and HRA to enter into a :final
Development Agreement with Sherman Associates. The Development Agreement will
prescribe:
· What Sherman Associates will construct-
. What public improvements will be installed and by whom
· Who pays for the public improvements
· The tenns of the land sale
. The amount and terms oftax increment financing provided ~y the City and HRA
Before the HRA and Council consider a formal agreement, we recommend that you
review the proposed basic terms of the agreement and give direction to statt: the
developer, and attorneys about the important elements of the business deal between the
City, HRA, and the developer. The proposed terms are attached as Attachment B.
Please note that the agreement terms relate solely to the Sherman project on Block 1.
The development agreement will be very specific about Phase I (28 condos), and provide
for the future development of Phase II (22 condos plus retail on 2nd Street) and the
restaurant. Each subsequent project will have its own development agreement. The
existing Preliminary Development Agreement requires Sherman to enter into a Final
Development Agreement for Phase II by January 3, 2006. In addition, Sherman
Associates will be financially penalized ifhe does not complete Phase II, and he will
lose development rights to Block 3 ifhe does not develop a restaurant on Block.l.
Enclosures: Attachment A - Sources and Uses Statement
Attachment B - Proposed Terms for Development Agreement with
Sherman Associates
t
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(651) 697-8546 Fax: (651) 697-8555
jcook@ehlers-inc.com
http://www.ehlers-inc.com
Attachment A
Sources and Uses Statement
SOURCES OF REVENUE ....:..:
Land Sale Proceeds (See Note 1) 1,245,000
Sherman Phase I 560,000
Sherman Phase II 502,000
Restaurant 0
Three Rivers 183,000
TIF Interfund Loan (District 1) (Block 16 lot) 394,000
Sherman Assessments 547,000
Phase I 128,000
Phase 2 190,000
Tyler btwn 1 st & bridge 129,000
Burying utilties - Block 1 100,000
Three Rivers Assessments 605,000
West half of Tyler reconstruction 256,000
Tyler btwn 1 st & bridge 65,000
East half of Ramsey 234,000
Burying Utilities 50,000
HRA Assessments for Block 3 284,000
West half of Ramsey 234,000
Burying Utilities on Block 16 50,000
TIF 3,970,000
Phase I TIF - 28 Units 1,040,000
Phase II TIF - Mixed Use 22 Units and Retail 565,000
Restaurant 495,000
Three Rivers (49 units valued at $400,000) 1,870,000
TOTAL SOURCES 7,045,000
(1) Net land sale proceeds after repaying Fed. Govt. are $978,563
t
3060 Centre Pointe Drive
Rosevi1le, MN 55113-1105
(651) 697-8546 Fax: (651) 697-8555
jcook@ehlers-inc.com
http://www.ehIers-inc.com
Attachment A, Page 2
USES OF REVENUE
Heart of Hastings Improvements
Levee Park Gazebo and Promenade, and Trail
Assessed ImDrovements:
Tyler Street (2nd to RR Bridge)
Ramsey Street
2nd Street Streetscape (Bailly to Tyler
Burying utilities - Blocks 1, 2, and 16
Public Parking
Block 16 Parking Lot
Repayment to Fed Gov't For Land
Block 1
Block 2
HRA Repayment
Repay TIF Interfund Loan for Parking
Repay HRA for Block 3 Assessments
Rapy for utility assessment on Block 16
Preliminary Developer Gap For Phase 1 12%
Preliminary Developer Gap for Phase 2 12%
Preliminary Developer Gap for Restaurant
TOTAL USES
TOTAL FUNDING GAP/SURPLUS
(2) $394,000 to be repaid if possible after other costs.
3060 Centre Pointe Drive
Roseville, MN 55113-1105
1,03-Z000
706,000
468,000
62,000
200,000
394,000
195,067
71,370
o
234,000
50,000
2,468,000
394,000
266,437
284,000
(2)
815,000
1,480,000
1,020,000
6,727,437
317,563
t
(651) 697-8546 Fax: (651) 697-8555
jcook@ehlers-inc.com
http://www.ehlers-inc.com
Attachment B
Proposed Terms for Development Agreement with
Sherman Associates
Publie ImDrovements and Assessments
All public improvements (except for the promenade/public restrooms/trail) will be
assessed. These include:
./ Reconstruction and streetscaping of Tyler and Ramsey Streets
./ Streetscaping 2nd Street
~..(..f
Finaneine: Assessed ImDrovements
As with a typical public improvement process, it is contemplated that the City will
finance the approximately $1.4 million in public improvements and assess the cost to
Sherman, Three Rivers, and the lIRA. Normally, when the developers sell the condo
units, the new homeowners will pay off the assessments at the time of purchase. As a
result, the only assessments likely to be collected over time are those attributable to the
retail space and the HRA's assessments for Block 3.
We want to avoid the costly situation where the City issues 10- year special assessment
bonds but collects most of the assessments in the first few years. Prepaid assessments
cost the City money because the City can't prepay the bonds, and the invested
assessments earn less interest than the interest rate on the outstanding bonds. Therefore,
in a situation like this, cities usually issue temporary bonds or make an interfund loan to
finance the improvements in the short-term. Pennanent financing can be issued once the
City knows how much of the total improvement cost will be collected over time. The
bond issue can then be structured to match the anticipated assessment payments.
Finaneine: the Promenade. Gazebo. Restrooms. and Tnil
The promenade will be constructed in conjunction with the new water main. It will
provide a walkway and emergency access route between the new developments and the
river. It is contemplated that the promenade, gazebo, restrooms, and public trail along
Bailly will be paid for with land sale proceeds.
Land Tnnsfer to Sherman Associates
The lIRA owns the land on Block 1. The land will be platted and transferred phase by
phase, so Shennan Associates only gets title to the property as each phase is developed.
The HRA intends to sell the land for Phases 1 and 2 at :fu.ir market value. As indicated in
the GV A Marquette market study, it is anticipated that the restaurant will require a
subsidy of approximately $1 million. Therefore, to make the restaurant financially
feasibile, it is anticipated that the HRA will have to write-down the land price for the
restaurant.
Land Finaneine:
For Phases 1 and 2, the developer bas,requested the lIRA to take a note in lieu of a cash
payment for the land. The not_e would be paid in 12-18 months, and i~!~ antici~~~~ t~~j
3060 Centre Pointe Drive
RDseviIle, MN 55113-1105
(651)697-8546 Fax: (651)697-8555
jeook@eblers-inc.com
http://www.ehlers-inc.com
would be secured with guarantees and a second mortgage. The HRA has agreed in
concept, as long as adequate security is provided.
Tax Increment Finanein!! (TIF)
TIF assistance may be used to pay for eligible costs when the project proforma indicates
assistance is necessary to achieve a market rate of return. Eligible costs include public
improvements (and assessments), demolition, site preparation, excavation, public
parking, etc. Loren Brueggeman has stated he needs a 12% return, which is consistent
with other for-sale and mixed use redevelopment projects. Assuming that Sherman pays
market value for the land and pays for all of the assessed public improvements, he will
need TIF assistance of approximately $815,000 for Phase 1 and $1,480,000 for Phase 2 to
achieve a 12% return.
TimiD!! and UnderwritiD!! ofTIF
The dilemma in using TIF for a project is how to efficiently convert the increment stream
collected over time into cash up front to pay for eligible costs. The most efficient way is
to obtain construction financing for the first 12-24 months and, once the building is
completed and assessed, sell a tax increment revenue note. The note ca"ies no general
obligation risk to the City.
The City's cost of funds is lower than the interest rate on a construction loan the
developer can get from a private lender. Therefore, the City and HRA can reduce the
overall project costs, and the amount of tax increment assistance required, by:
1) Financing the land during the construction period; and
2) Financing the public improvements with a temporary improvement bond or
interfund loan.
When the project is completed, the HRA and City will review the final costs and sales
proceeds. If the developer ends up making more than the agreed upon profit, then the
HRA and City will reduce the amount of increment. This is called a "look-back
provision."
RedueiD!! Citv Risk
Under the scenario outlined above, the City and HRA incur the following risks:
1. Sherman does not pay for the land when the note(s) are due.
2. Sherman does not proceed to Phase 2 and the outstanding assessments become the
obligation of the HRA.
The City can use the TIF to mitigate these risks. When the TIF revenue note is issued for
Phase I, the proceeds will be used in the following order:
1. Reimburse the City for assessments for Phase 2, Block 1.
2. Reimburse the HRA for land proceeds for Phase 1, Block 1.
3. Reimburse the developer for eligible costs.
"
J
3060 Centre Pointe Drive
Roseville, MN 55113-1105
(651) 697-8546 Fax: (651) 697-8555
jcook@ehlers-inc.com
http://www.ehlers-inc.com
Optional 900 parking
Bike / Walking
Path Connecton
5,000 sf Restaurant +
5,000 sf Banquet Center
with deck
1 0
c::J
Study Area
Existing High Tension
. ~ Electric Power Lines
- . -~ with 50' ROW
........
32 Condo Units
60 I nterior Parking Spaces
Railroad
22 Condo Units
15 Exterior Parking Spaces
30 I nterior Parking Spaces
5,000 sf Retail
(20 cars required. 25 provided)
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HASTINGS DOWNTOWN REDEVELOPMENT: URBAN DESIGN FRAMEWORK PLAN
Hastings, Minnesota
Master Plan
Alternative D
15 December 2004
Memo
VIII-B-2
'..,:".,
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
May 2, 2005
Subject:
Resolution - Site Plan\Special Use Permit #2005-07 - Three Rivers
Place - Phase I - North Half of Block 2 - Robert Abdo & AI Most
REQUEST
Tanek Architects on behalf of Robert Abdo and AI Most seek the following approvals to
construct a four story, 49 unit residential condominium building with underground parking
on the north half of Block 2:
1) Zoning Special Use Permit to allow residential units on the first floor of a building in
the DC - Downtown Core Zoning District. See attached Staff Memo for further
information.
2) Site Plan to construct a 4 story, 49 unit condominiu.m building with underground
parking. See attached Staff Memo for further information.
The proposal consists of Phase I only. Phase II construction of the mixed use
building along 2nd Street would require additional approvals.
HISTORY
· April 4, 2005 City Council Meeting - Approval of the Shoreland Special Use Permit
and Preliminary Plat, and tabled the Site Plan and Zoning Special Use Permit
· April 18, 2005 City Council Meeting - Amendment to the DC Zoning Ordinance to
allow residential use of the first floor for certain areas of downtown (2nd Street
excluded).
CITY COUNCIL PLANNING COMMITTEE RECOMMENDATION
The City Council Planning Committee (Councilmembers Moratzka, Hicks, and Alongi) met
on April 21 ,2005 with Three Rivers Place representatives AI Most, Bruce Palmer, and Bob
Abdo and unanimously recommended the following
Approval of the Site Plan and SUP to allow construction of Phase I (4
story, 49 unit residential condo building).
Please see the City Council Planning Committee Report for further information.
ATTACHMENTS
. City Council Planning Committee Report
. Letter from Three Rivers LLC
. Resolution - Zoning Special Use Permit
. Resolution - Site Plan
. City Council Staff Report - SUP\Site Plan
. Location Map
. Site Plan
. Application
..
To:
Mayor Werner and City Council
From:
John Hinzman, Planning Director
Date:
May 2, 2005
Subject:
Three Rivers Place - Conclusions\Findings of Fact
BACKGROUND
The City Council Planning Committee (Council members Moratzka, Hicks, and Alongi) met
on April 21 , 2005 with Three Rivers Place representatives AI Most, Bruce Palmer, and Bob
Abdo to discuss phasing issues related to the proposed Three Rivers Place Project located
on Block 2 Downtown, in particular:
What assurances can be made to make certain construction of both
phases of Block 27
Three River's Phase I proposal (consisting of a four story, 49 unit residential condo building
on the north half of Block 2) was tabled at the April 4, 2005 City Council Meeting. Phase II
of the project (3 story retail\residential building on south half of Block 2) ~gr.anted
Development Plan approval at the March 7, 2005 City Council Meeting.
CITY COUNCIL PLANNING COMMITTEE RECOMMENDATION
The Planning Committee of the City Council unanimously recommends the following:
Approval of the Site Plan and SUP to allow construction of Phase I (4
story, 49 unit residential condo building).
The City Council Planning Committee based its decision on the following findings of
fact: .
1) Not developing Phase I puts ,the entire downtown redevelopment project in
jeopardy. Phase I generates a significant share of TIF in the district. The
planned public improvements, restaurant, and retail would need to be
considerably scaled back or eliminated if Phase I were not constructed.
Development of Phase I drives the reconstruction of Ramsey Street and part of
Tyler Street, and contributes to park improvements.
2) Three Rivers has expanded commercial business a=nd is committed to
maintaining commercial leases within existing Block 2. Block 2 commercial
space is now fully leased, with additional demand for those seeking a downtown
location. Three new businesses have filled Block 2 vacancies. AI Most of Three
Rivers, LLC has relocated his appraisal business and nine employees to Block 2.
3) Three Rivers is committed to improving the appearance of Block 2. Three
Rivers has agreed to make fac;ade improvements and to better maintain the
existing buildings of Phase II. It is not in Three Rivers interest to let the
appearance of 2nd Street deteriorate. Having a leased, well maintained
commercial area is essential to selling units in Phase I.
4) Block 2 developers are not requesting TIF for Phase I. Although the
development of Phase I will generate significant dollars for use within the TIF
district, the Block 2 developers are not seeking TI F dollars. Phase II is not within
the new TIF district. The City does not have the ability to condition TIF
assistance on the performance of Phase II.
5) Phase II Retail is dependent on Phase I residential. Private dollars generated
through the sale of Phase I condominiums is essential to financing the Phase II
retail development. A major selling point for the condominiums is the Phase II
retail development and esplanade\park improvements.
6) Three Rivers has made a significant financial investment Downtown. Bob
Abdo and AI Most have invested over 1.3 million dollars in property acquisition
on Block 2 and the creation of a sales office to develop Block 2.
Council members:
In connection with your consideration of Three Rivers Place, LLC's application for a special
use permit and approval of its site plan, please permit us to offer the following comments
" -
with respect to our intention, our financial and other investment, 'oUr commitment and our
view as to the ultimate benefit of our project to the City of Hastings:
~-y 1. Both Phase I and Phase II of our project are owned 50% by Robert P. Abdo and 50% by
r Allen F. Most. No other person has any ownership.
THREE RIVERS PLACE . h h I h. d fund h tak 11' k
L.. WIt respect to P ase , we ave mveste our own s, ave en a ns , and have
not asked, and do not intend to ask, the City for any financial help. We expect the project will
take approximately four years from beginning to completion. Approximately one year has
passed since we started. We must sell at least 50% of the units before the start of
construction. Construction is expected to take approximately 12 months. We anticipate 18-
S 24 months to complete sale and closing of the balance of the 49 Units.
311 2ND TREET - -
3. With respect to Phase I, we are creating TIF revenues for the benefit of the City and its
projects of, we are informed, approximately $4.5 Million (approximately $179,000 per year)
HASTINGS of which approximately $1,870,000.00 is the present value. The City has full discretion over
the use and application of these funds. We have none.
MINNESOTA 4. With respect to Phase II, we have invested our own funds and have taken all risk in
purchasing and holding the Eddy building and the Reis property. As a result of such an
investment, we have significant fmancial incentive to properly manage and lease those
properties and develop the same to the full extent that prudent management dictates.
55033
5. We do not now control all of the property comprising Phase II, as we have not reached
terms with the owners of Graphic Design.
651-437-2800
6. We intended and continue to intend to pursue the development of Phase II. At present,
the City of Hastings has no financial risk in Phase II.
7. Be assured that we are concerned, committed and optimistic about the City of Hastings.
We believe it is a wonderful place to live and work. We believe it has great potential and
many amenities to retain current citizens and to attract others. We believe our project fits in.
We have used our best efforts to adhere to the City's ordinances and requirements and have
devoted and invested large amounts of time to listen to, take heed and change our plans to
comply with requests and desires by the City, its various committees and commissions and
its citizens. These have included the Citizens Advisory Committee on Downtown
Development, the Historic Preservation Committee, business and land owner groups, the
Housing and Redevelopment Authority, City staff; the Planning Commission and the City
Council. We have designed the project to meet the Heart of Hastings' guidelines. Some
changes that have been made include-the following:
A. At the request of the HPC, the Phase I elevation was modified to resemble the look of
downtown Hastings as the Phase II elevation does. .
B. At the request of the Planning Commission, the south side of the Phase I building has been
modified to include additional windows and additional architect\J.r.al details to create a more
pleasant view of this side of the building. . ..
8. It is our intention, and we have instructed our contractor to use as many qualified local
contractors and suppliers as possible. We expect, and it is our expectation, that by doing so
the local economy will receive a financial benefit and that there will be additional local
proprietorship of the project. .
9. After purchasing the Reis PropertY, we have substantially renovated the same into a
beautiful and functional showroom, sales office and model for the Phase I project. Prior to
our purchase, the property was not used for retail or similar use.
10. Subsequent to our purchase of the Eddy Property, we have renovated the same. It is now
fully occupied. Al Most has relocated his office, Most Appraisals and Associates, to this
property and has added approximately nine persons to the downtown community. The
following are also tenants and/or occupants of the property:
A. McMenemy Marketing, Inc. (office);
B. Legacy Communications (approximately five persons);
C. Spiral Co-Op;
D. Rick Buechner (office).
We are completing all deferred maintenance, including the exterior of the building.
11. We strongly support the Block 1 proposed development by Sherman & Associates. We
believe the Phase I TIF contribution is an important part of helping the downtown revitalize -
on Blocks 1, 2, and beyond.
12. Our project is ready to go subject to your approval.
We respectfully request your positive consideration of our application.
~ig./
Yours very truly,
THREE RIVERS PLACE, LLC
I~~~
By RobertP. Abdo
~. ,:...:
.-
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A SPECIAL USE PERMIT TO ALLOW RESIDENTIAL USE OF THE
FIRST FLOOR OF THREE RIVERS PLACE, PHASE ONE LOCATED ON THE
NORTH HALF OF BLOCK 2, TOWN OF HASTINGS, DAKOTA COUNTY
MINNESOTA
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, Tanek Architects, applicant on behalf of Robert Abdo, owner has petitioned for
a special use permit to allow residential use of the first floor of Three Rivers Place, Phase I, a 49 unit
four story building, generally located south of 1 st Street, between Ramsey and Tyler Streets, legally
described as follows:
The North Half of Block 2, TOWN OF HASTINGS, Dakota County Minnesota, including
that portion of vacated 1 st Street.
WHEREAS, on March 28, 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 recommended approval of the request to the City
Council subject to the conditions contained herein; and
WHEREAS The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the-special use permit for the following reasons, and subject
to the following conditions:
1) Ramsey Street is classified as a "Downtown Street". Residential use of the fir~t floor is
allowed under The Design Guidelines.
~..,:.....
2) Tyler Street and the Block 2 alley are not identified under the Street Frontages chart.
3) The lack of existing commercial and limited visibility are hindrances to commercial
development of the first floor adjacent to the river. Retail and commercial business do
not presently exist north of the alley on the!ldjacent properties. The proposed building is
presently adjacent to parking lots and vacant property on the west and east sides,
respectively.
4) Approval is subject to a two year Sunset Clause; if significant progress is not made towards
construction of the proposal within two years of City Council approval, the approval is null
and void
Council member
vote adopted by _ present.
moved a second to this resolution and upon being put to a
Ayes: _
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 2nd day of May, 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 GRANTING
SITE APPROVAL TO THREE RIVERS PLACE PHASE ONE LOCATED ON THE
NORTH HALF OF BLOCK 2, TOWN OF HASTINGS, DAKOTA COUNTY
MINNESOTA
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, Tanek Architects, applicant on behalf of Robert Abdo, owner has petitioned for
a Site Plan Approval to construction of a 49 unit four story building, generally located south of 1 st
Street, between Ramsey and Tyler Streets, legally described as follows:
The North Half of Block 2, TOWN OF HASTINGS, Dakota County Minnesota, including
that portion of vacated 1 st Street.
WHEREAS, on March 28, 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 recommended approval of the request to the City
Council subject to the conditions contained herein; and
. WHEREAS The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Site Plan as presented to the City Council subject to the
following conditions:
1) Approval of the Special Use Pennit to allow residential use of the first floor in the DC-
Downtown Core Zoning District.
2) All disturbed areas on this property shall be stabilized witl).,. ~ooting vegetative cover to
eliminate erosion problems. .-'
3) Final approval of the grading, drainage and utility plans by the Public Works Director, and
reimbursement for any fees incurred in review of the development. The owner assumes all
risks associated with the grading and utility placement prior to fonnal approvals.
4) All waste refuse facilities shall be contained in a fully enclosed building. Dumpsters outside
of buildings shall be prohibited.
5) All parking areas must be constructed of bituminous surfacing and concrete curb and gutter.
6) lllumination levels are limited to 0.5 foot candles at the property line as required in the
Zoning Code.
7) All lighting shall be downcast and incorporate cut-off shielding to direct light onto parking
areas, and away from adjacent properties
8) The existing 20 foot alleyway must be expanded to meet the requirements of the Public
Works Director and Fire Marshall, a 24 foot minimum width is necessary.
9) Vehicle loading areas must be identified to ensure the alleyway is not blocked by service
vehicles. A garbage truck or other service vehicle parked in the alley would block all access
to the center parking court under the current design. The existing buildings south of the
alley are constructed to the property line leaving no other alternative but to block the alley.
All landscaped areas must be irrigated.
10) Any deviation from a non-combustible from the non-combustible status will need to be
reviewed to ensure adequate fire protection.
11) Blasting will not be allowed for rock excavation, the specific rock removal method must be
identified.
12) The applicant shall convert the two stall parking bump out along the west side of Tyler Street
into a loading area at the discretion of the City.
13) The project shall adhere to the tree preservation policy for tree removal at the discretion of
the City Forester
14) Any uncompleted site work (inclu.ding landscaping) must be escrowed for prior to issuance
of a certificate of occupancy.
15) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to
recording of the Final Plat mylars.
16) Approval is subject to a two year Sunset Clause; if significaI11progress is not made
towards construction of the proposal within two years ofCit)r Council approval, the
approval is null and void
Council member
vote adopted by _ present.
moved a second to this resolution and upon being put to a
Ayes: _
Nays:
Absent:
ATTEST:
Michael D. Werner, Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and
adopted by the City of Hastings, County of Dakota, Minnesota, on the 2nd day of May, 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
Memo
'J'~l
CITY COUNCIL STAFF REPORT
BACKGROUND INFORMATION
Development Plan
Development Plan approval for the entire Three Rivers Place Site was granted by the City
Council on March 7, 2005. It serves as a master plan for site development by outlining
uses, density, parking, and architectural style. Individual components of the plan
(condominium building, mixed use retail building) must now come back before Planning
Commission and City Council for formal platting and site plan approval, and reviewed to
ensure conformance with the development plan.
Heart of Hastings Master Plan Classification
The property is part of the "Downtown Core Multi-Use District" as designated in the Heart of
Hastings Master Plan. The Plan views the area as "primarily a retailing district. However,
allowances for residential, office and services are not only historically appropriate but also
enhance the vitality and economic viability of the downtown Core." The development plan
includes both residential and retail uses, consistent with the Master Plan.
Comprehensive Plan Classification
The property is guided MXD - Mixed Use Development in the 2020 Comprehensive Plan.
The proposed uses are consistent with the Comprehensive Plan.
Zoning Classification
The property was recently rezoned DC - Downtown Core. The DC district allows for a mix
of both commercial and residential uses.
Existing Use
The property presently contains a home, barn and vacant brewery building.
Location
North Half Block 2
Existin Use
Residential home, barn,
and vacant brewery
buildin
Pro osed Use
4.5 story condominium
building
Adjacent Zoning and land Use
The following land uses abut the property:
Direction
North
East
South
West
=.>~.~
Existina Use
Mississippi River
- Kings Cove
Tyler Street (Block 1)
- Vacant HRA Property
Downtown Businesses
- Spiral Foods
- Graphic Design
- Three Rivers Office
Ramsey Street (Block 3)
- Parking Lot
Zonina
Comp Plan
F-W - Floodway
Floodway
- 1-1 -Industrial Park
MXD - Mixed
DC - Downtown Core
DC - Downtown Core
DC - Downtown Core
MXD - Mixed
MXD - Mixed
MXD - Mixed
C-3 - Comm Reg Comm MXD - Mixed
ZONING SPECIAL USE PERMIT REVIEW - 1ST FLOOR RESIDENTIAL
Ordinance Amendment
On April 18, 2005 The City Council amended the DC Zoning District regulations to allow
residential units on the certain properties via a 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.
Design Guidelines for Original Hastings
The Design Guidelines for Original Hastings were adopted by the City Council in 2003 as a
part of the Heart of Hastings Master Plan for Downtown. The Design Guidelines were
envisioned to be used in the following ways:
1) As a communication tool expressing the community's design vision for Original
Hastings.
2) To guide the design of public improvements (streetscape, public buildings, etc.)
within Original Hastings.
3) As a basis for project review in the processes of site plan approval, special use
permits, and planned unit developments.
4) As a determining factor for pul;>lic financial participation in private redevelopment
efforts.
Design Guideline Street Frontages are regulated as follows:
Street Type
location
Building ~~,nctions (Uses)
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
Main Street
2" Street (Vermillion to Bailey)
Downtown
Alley
Analysis
· Ramsey Street is classified as a "Downtown Street". Residential use of the first floor is
allowed under The Design Guidelines.
· Tyler Street and the Block 2 alley are not identified under the Street Frontages chart.
· The lack of existing commercial and limited visibility are hindrances to commercial
development of the first floor adjacent to the river. Retail and commercial business
do not presently exist north of the alley on the adjacent properties. The proposed
building is presently adjacent to parking lots and vacant property on the west and
east sides, respectively.
SITE PLAN REVIEW
Proposed Building Setbacks
The proposed building setbacks are acceptable. The building would be constructed to the
east and west property lines, and approximately 10 feet from the north and south property
lines.
Vehicular Access and Circulation
The existing alleyway (to be improved) would be used to bring vehicles into an internal
parking courtyard containing surface and garage spaces. A separate entrance on Tyler
Street serves the larger underground garage.
Vehicle access and circulation is acceptable with the following modifications:
1) The existing 20 foot alleyway must be expanded to meet the requirements of the
Public Works Director and Fire Marshall, a 24 foot minimum width is necessary.
2) Vehicle loading areas must be identified to ensure the .Cillleyway is not blocked by
service vehicles. A garbage truck or other service vehicle parked in the alley would
block all access to the center parking court under the current design. The existing
buildings south of the alley are constructed to the property line leaving no other
alternative but to block the alley.
Pedestrian Access and Circulation
Sidewalks will continue to exist along both Ramsey and Tyler Streets. The ground floor
units would access a proposed esplanade (enhanced sidewalk\trail) along the river side of
the building.
Esplanade
An esplanade has been proposed as part of the Heart of Hastings Master Plan. The
esplanade would serve as an enhanced walkway\promenade between the redevelopment
sites and the existing riverfront trail. Traffic would be limited to pedestrians; however the
esplanade would be constructed to allow for emergency vehicle access.
Hoisington Kogler Group Inc (HKGI) has been hired by the city to design the esplanade
and to help ensure compatibility to surrounding buildings. HKGI has met with the
developer to coordinate the location, width, elevation height, and appearance of the
esplanade to Three Rivers Place. The applicant shall continue to work with the City and
HKGI to ensure compatibility of both projects.
Parking
Parking is provided as follows:
Use Parking Calculation
Required
S aces
98
Provided
S aces
84 garage spaces
11 surface spaces
95 TOTAL SPACES
1.94 s aces er unit
49 Residential Condo Units 2 spaces per unit
The site is short 3 parking spaces. Off street parking is available in City owned lots directly
east and west of the proposed site. The zoning code allows for off site parking provided
the following conditions are met:
1. Reasonable access shall be provided from the off-site parking
facilities to the use being served.
2. The parking shall be within 400 feet of a building or lot for the use
being served. '
3. The parking area shall be under the same ownership as the site
served, under public ownership or the use of the parking facilities
shall be protected by a recorded instrument, acceptable to the city.
4. Failure to provide on-site parking shall no~.encourage parking on the
public streets, other private property or in. private driveways or other
areas not expressly set aside for such purposes.
5. The off-site parking shall be maintained until on-site parking is
provided or an alternate off-site parking facility is approved by the city
as meeting ordinance requirements.
The location of the offsite parking meets the above requirements. The use of off site
parking for the 3 remaining spaces is recommended.
Waste Refuse Facilities
Waste facility needs appear to be met. Waste refuse facilities would be located within the
underground and surface garage. The use of outside dumpsters to handle waste refuse
needs shall be prohibited.
Landscaping
The applicant proposes to establish individual gardens adjacent to the front stoops along
the north side of the building.
Fencing and Walls
A 42" high wrought iron fence is proposed along the north elevation of the building to
create private gardens between the door stoop and the building.
Architectural Elevations
Architectural elevations are well done to be compatible with existing downtown
buildings. The building is primarily brick and incorporates segmentations to give the
appearance of multiple adjacent buildings. The building will be a post-tensioned
concrete construction - non combustible on all floors. Architectural elevations meet
architectural appearance standards as well as the Design Guidelines for Original
Hastings. The Heritage Preservation Commission (HPC) has also reviewed the site for
compatibility to the existing downtown buildings
Building Construction Materials
The building will be a post-tensioned concrete construction - non combustible on all floors.
Any deviation from a non-combustible from the non-combustible status will need to be
reviewed to ensure adequate fire protection.
Building Height
The building is below the maximum height limit of 756.5 feet established under the DC -
Downtown Core Zoning District as well as the Shoreland Ordinance Height Limit. The
maximum height elevation is 754.5 feet (measured to the top of the parapet). The ground
level to building peak measurement ranges from approximately 48 feet along the south
side of the building to 55.5 feet along the rear of the building.
Ownership '.'"'
Each of the Condominium units would be a separate tax parcel. According to the
applicant, the condominium units will be individually owned.
Photometric Plan
A photometric plan has been submitted for the rear elevation of the building. The rear
elevation illumination level is acceptable; all lighting is within the 0.5 foot candles at the
rear property line.
Grading, Drainage, Erosion Control, and Utility Plan
The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and
Utility Plans. Approval of the Site Plan is subject to approval of the Grading, Drainage,
Erosion Control and Utility Plans by the Public Works Director, and reimbursementforany
fees involved in plan review. Issues identified by the consultant engineer include the
following:
1) Blasting will not be allowed for rock excavation, the specific rock removal method
must be identified.
2) Further information is needed on the drainage plan of the parking area and alley-
will a valley gutter be used to facilitate flow?
3) The two stall parking bump out on the west side of Tyler Street may not be worth
the effort.
4) Will the alley be private or publicly maintained?
Fire Marshall Comments
The Fire Marshall has reviewed the plans and has the following comments:
1) Any deviation from a non-combustible from the non-combustible status will need to
be reviewed to ensure adequate fire protection.
2) Ladder access to the upper floors along the alleyway is impeded by the single story
garage (trucks cannot park close to the building).
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LAND USE APPLICATION
CITY OF HASTINGS - PLANNING DEPARTMENT
101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082
Address of Property: 109 Ramsev Street, HRA Lot (Northeast Corner). 301-315 Second Street
(otherwise known as Block 2)
Legal Description of Property:
Applicant:
Name
Address
Owner: (If different from Applicant):
Phone
Fax
EMail
Tanek Architects
118 E. 26th Street, Suite
Minneapolis, MN 55404
612-879-8225
612-879-8152
300
Name
Address
Phone
Fax
EMail
Three Rivers Place, LLC
625 Marquette Ave., Suite
Minneapolis, MN 55402
612-333-1526
612-342-2608
rabdo@abdoabdo.com
710
Description of Request (include site plan, survey, and/or plat if applicable):
Check applicable box(es):
Note: All fees and escrow amounts due at time of application.
"
Final Plat $600 Administrative Lot Split $50
Minor Sub. $500 Comp Plan Amendment $500
Rezone $500 House Move $500
Spec. Use $500 Lot Line Adjustment $50
Variance $250 Vacate ROW/Easement $400
Annexation $500 plus legal expenses
EA W $500 plus $1000 escrow
Prelim Plat $500 plus escrow:
- Under 10 acres: $3000 ($500 Planning + $2500 Engineering)
- Over 10 acres: $6000 ($1000 Planning + $5000 Engineering)
Site Plan $500 plus escrow:
- 0 - 5,000 $.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 s.f. +: $4000 ($1000 Planning + $3000 Engineering)
TOTAL:
Signature of Applicant Date
Signature of Owner
Thre~rs PA LLC
By ",~",~
Robert P. Atido, President
Owner Name - Please Print
Date
12/29/04
Applicant Name and Title - Please Print
Official Use Only
File #
Fee Paid
04/23103
Rec'd By:
Receipt #
Date Rec'd
App. Complete
VIII-B-3
Variance - 703 2nd St E
City Council Memo - May 2, 2005
Page 1
Memo
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To:
Mayor Werner and City Council
From:
Kris Jenson, Associate Planner
Date:
May 2, 2005
Subject:
Resolution - Ryan Sherry - Variance #2005-26 to vary from the side
yard setback and front yard setback to enlarge a non-conforming
structure by constructing a home addition at 703 2nd St E.
REQUEST
Ryan Sherry seeks the following v_ariances for his home at 703 2nd St E:
1) l' variance to the 7' interior side yard setback requirement to enlarge a non-
conforming structure (house).
2) 10' variance to the 20' front yard setback requirement to enlarge a non-conforming
structure (house).
3) Intensification of a non-conforming structure (addition to existing home).
RECOMMENDATION
The Planning Commission reviewed this item at their April 25th meeting. Staff did not hear
from any of the neighbors regarding the variance. Commissioner Schmitt abstained from
the vote as he is the neighbor directly to the north of Mr. Sherry's property, and stated that
in his conversations with other neighbors he hadn't heard any negative comments about
the proposal. The Commission voted 5-0-1 to recommend approval of the variance with
criteria B (The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of Chapter 10.)
and C (That the special conditions and circumstances do not result from actions of the
applicant.) as reasons to grant the variance.
Staff recommends approval of the attC!ched resolution. Mr. Sherry purchased this house in
2001 and did not cause the structure to be non-conforming, as it was constructed in 1870.
The home addition will be located on the north side of the house where an existing small
Variance - 703 2nd St E
City Council Memo - May 2, 2005
Page 2
garage is currently located and will be aligned with the existing house and the side yard
setbacks. While the addition doesn't involve the front of the hOme, Staff is including the
variance for that setback as a technicality.
BACKGROUND INFORMATION
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The property is designated U-I -
Urban Residential.
Zoning Classification
The subject property is zoned R-2 - Medium Density Residential. Single Family homes are
a permitted use in the R-2 District.
Com Plan
Home R-2 - Med Dens. Res. U-1 - Urban Res.
East Home R-2 - Med Dens. Res. U-1 - Urban Res.
South
Home R-2 - Med Dens. Res. U-1 - Urban Res.
West
Home R-2 - Med Dens. Res. U-1 - Urban Res.
Existing Condition
The existing home meets the corner side and rear yard setback requirements. The
proposed site is relatively flat. A small garage is at the rear of the home where the addition
is to be located.
VARIANCE REVIEW
Minimum Setback Requirements
Minimum setback requirements for structures in the R-2 District are:
Area
Front
Side
Corner Side
Rear
Setback
20'
7'
10'
20'
Variance - 703 2nd St E
City Council Memo - May 2, 2005
Page 3
Review Criteria
The following criteria have been used as findings of fact in grl:inting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
RECOMMENDED ACTION
A motion to recommend approval of the variances for 703 2nd St E to vary from the
minimum setback requirements to construct a home addition to the City Council with the
following conditions:
1) A building permit is required prior to construction of the addition.
2) 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.
ATTACHMENTS
. Location Map
. Site Plan
. Application
'..(,.:
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING AV ARIANCE TO THE DISTRICT LOT STANDARDS ORDINANCE
FOR RYAN SHERRY TO CONSTRUCT AN ADDITION TO HIS HOME AT
703 2ND ST E, HASTINGS, MINNESOTA
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, the Hastings City Council has initiated consideration of a variance for
property legally described as follows:
Lot 5, Block 109, ORIGINAL TOWN OF HASTINGS, Dakota County, Minnesota
Containing 9,200 square feet, more or less.
WHEREAS, on April 25th, 2005, a review of this variance was held before the
Planning Commission of the City of Hastings, and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS:
That the request to vary from Section 10.26 Residential District Lot Regulations and
Section 10.06 Subd. 4 Non-Conforming Structures is hereby approved, with the following
conditions:
1) A building permit is required prior to construction of the addition.
2) 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.
:J...,
This variance is based on the following findings of fact:
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
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 May 2nd, 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 crresented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 2" day of May,
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
101 4th St. East
Hastings, MN 55033
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LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
101 4th St E, Hastings, MN 55033~ Phone: 651.480.2350 ~ Fax: 651.437.7082
Address of Property: 7 ~ ~ ~ ~
Legal Description of Property:
Property Own~r: ? 'tv, '" c'S A {' C!'/
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Applicant Name: 12Y~ s~.e(ry
Address: 7.0.1 ~ _1'4-5_
Phone: &.s-I - L{j 7-(/0 Q)
Fax: \. ~
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Phone:
Fax:
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Description of Request:
If requesting site plan review of multi-family units (three or more attached), are the units
intended to be for sale or rental units?
Check Applicable Line(s)
Rezone $500
Final Plat . $600
Z Variance $250
Vacation $400
House Move $500
Prelim Plat $500 + escrow
Site Plan $500 + escrow
Please Note! All Fees and Escrows aredue at time of application. .
Minor Subdivision $500
Special Use Permit $500
Comp Plan Amend. $500
Lot Split/Lot Line Adj. $50
Annexation $500 plus legal expenses
EA W $500 plus $1,000 escrow
Please see reverse side for escrow amounts required.
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Total Amount Due: $ t: J . -- Make Checks payable to City of Hastings.
Please ensure that all copies of required documents are attached. See reverse side of this
application for information. ~. ~..
_~___ ~/-Q-cx
Applicant Signature Date Signature Date
Applicant Name and Title - Please Print'
OFFlCIA~S~ONL y J f-\-
File # '10 . --- f1 J /I R 'd B
VIG/ ec y:
Fee Paid: ~1!10. DO Receipt #
Owner Name - Please Print
Date Rec'd: 4\ I~CS . .
App. Complete ~Cb
03/28/05
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Page 2 of6
-----Original Message-----
From: Hanson, Jeremy [mailto:jhanson@tunheim.com]
Sent: Wednesday, April 27, 2005 12:40 PM
To: jhanson@gominnesota.org
Cc: Caren Dewar (E-mail)
Subject: Transportation Campaign Continues
Dear Mayor,
:. '-"'~
It's not too late to sign on to the Regional Council of Mayors transportation issue statement, which was
sent to you last month. It still matters. Our combined voices can make a difference. Our partnership
with the go Minnesota! campaign has already helped elevate this important issue in the eyes of the
media, the legislature, and the public, but we can do more! Join with more than 35 other mayors to let
our legislators know that transit and road resources must be increased this year by signing onto our
statement. We need to let state leaders know how important this is at a local level and regional level.
As local government leaders, we see daily how congested and unsafe roads complicate numerous aspects
of life in Minnesota and we must carry this message to the public.
The transportation issue statement is both below and attached. If you have not already done so, please
sign it and fax to Jeremy Hanson at 952-851-7276. We've also attached (and pasted below) a resolution
that you may choose to bring to your City Council for adoption. Because we know how busy you are,
we sent this em ail to your City Manager to bring it to your attention.
Thanks for your support and involvement!
Mayor Karen J. Anderson, RCM Co-Chair (Minnetonka)
Mayor Elizabeth Kautz, RCM Co-Chair (Burnsville)
PS: Please watch for an upcoming Regional Council of Mayor's event in June!
--------------------------------------------
::';i.
1ftiIII..__
Regional Council of Mayors
Mayors' Statement on Transportation Priority
As Mayors representing cities in Minnesota's fast-growing II-county metropolitan region, we
hereby declare our belief that transportation has become one of the most vexing problems facing
our communities and requires urgent attention from our state's leaders. Too many of our
communities are choking under congestion and suffer undue economic hardship from inadequate
transit and road infrastructure.
Although many positive transportation improvements have been implemented in recent years,
Minnesota's investment in roads and transit continues to fall behind our peer regions around the
country. Our roadways are our economic lifeline. Ifwe don't act now, the implications of an
inadequate transportation system will affect the productive growth and development of the entire
state for decades.
Far too many of our fellow Minnesotans unnecessarily waste time and money stuck in traffic
5/2/2005
Page 3 of6
gridlock. Every day, thousands of people and business vehicles sit in traffic. According to
researchers, metropolitan area drivers each absorb a "congestion tax" of over $700 per year, and
collectively waste over 93 million gallons of fuel annually.
One million more people are expected to move to our metropolitan region in the next two decades
and unless something is done, traffic congestion will only continue to increase. Clogged highways
hinder economic prosperity and erode the quality of life Minnesot@s have come to expect.
As local government leaders, we see daily how congested and unsafe roads complicate numerous
aspects of life in Minnesota: parents spend less time with their kids and more time in traffic,
hospital ambulances take longer to get to and from accident scenes, and truckloads of consumer
goods increase in price as commercial vehicles take longer to travel.
As public officials, we recognize that solving our transportation problem is a complex and long-
term challenge that will require various strategies: .
./ Minnesota needs to adequately and strategically invest additional resources in superior
transit and roads with predictable, accountable, and long-term funding that supports a
variety of options, including transit and roads.
./ New transportation resources must prioritize public transit within a comprehensive, multi-
modal, interconnected transportation system that serves the II-county metro area.
Additional light rail and commuter rail lines, along with expanded bus service, must be
employed to support our fast-growing region.
./ Courageous and visionary leadership is vital to forging a sustainable, long-term
transportation plan for our state and region. Dedicated leadership must drive progress on
that plan and maintain accountability for the process to the public.
./ Urgent attention to this challenge is essential. We call on our state leaders in the
legislative and executive branches to get to the table, to work on a solution to our
transportation needs, and to get something done in 2005.
As Mayors, we will focus our united voice on the need for immediately increased transportation
resources. Working with the go Minnesota! public outreach campaign, we aim to be a catalyst to
inform Minnesotans about the transportation problems we face and to activate concerned
Minnesotans to take responsibility for our future.
We elect state leaders to address the challenges facing Minnesota and to produce results.
Minnesotans are crying for action to end the transportation gridlock and we hope that Governor
Pawlenty and the Legislature will provide leadership and answer that call. Toward this end, we
request our legislative leaders to act now before it is too late. Let's get Minnesota moving again!
Signed,
Mary Hamann-Roland, Apple Valley
Bjorn Skogquist, Anoka*
David Orrock, Big Lake
Gene Winstead, Bloomington*
Steve Lampi, Brooklyn Park
Elizabeth Kautz, Bumsville*
5/2/2005