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HomeMy WebLinkAbout03-17-03COUNCIL MEETING I. CALL TO ORDER: CITY OF HASTINGS II. ROLL CALL: Monday 7:00 P.M. DATE: March 17, 2003 III. IV. DETERMINATION OF QUORUM: APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on March 3. 2003 COUNCIL ITEMS TO BE CONSIDERED: 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 e Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. '1. Pay Bills As Audited I I 2. Resolution-Approve One-Day Temporary On-Sale Liquor License for St. Elizabeth Ann Seton Church: September 21, 2003 3. ResolutionmApprove One-Day Raffle Permit for St. Elizabeth Ann Seton Church: September 21, 2003 4. Resolution--Approve Tobacco License: Vermillion Bottle Shop 5. ReSolu[ion--Approv(~'~Tobacco License: Riley's Express Mart 6. 2003 Budget Adju'stments 7. Re,best for Budget Transfer Request--Water Fund 8. Set/ncrease Utility Fees 9. Reso!ution--ln Support of Continued Express Bus Service 10. First Reading/Sched~l~ Public Hearing--Vacation of Right-of-Way: Qak Street . 11. First Reading/Schedule Public Hearing---Rezoning Property from I- 1 to C-3:515 East 3rd Street (Chdsts Family Church) 12. ResolutionmReauthorize Final Plat Approval: Riverwood 7th Addition '13. Resolution--Supporting Legis at on to Provide Improved.Funding Options for City Street Improvements 14. Approve Agreement---Cottage Grove Poliee Department Use of Police Pistol Range 15. Approve Agreement--Top Dog Animal Control 16. Approve Contract Renewals--City Hall & Police Department Cleaning Contracts 17. Transfer of Funds - Creating Internal Service Fund 18. Request for Partial Payment - Venture Computer Systems VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing--Vacation of Right-of-Way: Portion of 21 st Street East, Adjacent to 2007 Vermillion Street (Jeff Langenfeld) VIII. REPORTS FROM CITY STAFF: IX. X. Xl. Xll. A. Public Works Planning 1. Second Reading--Vacation of Right-of-Way: Portion of 21 st Street East adjacent to 2007 Vermillion Street (Jeff Langenfeld) 2. Resolution--Variance & Site Plan: Jeff Langenfeld (Bumper to Bumper Auto Parts) - 2007 Vermillion Street. 3. Variance: Side Yard Setback and Wail Height---613 West 6th Street (Pontzer) 4. Resolution--Special Use Permit: Tech-1 Automotive (671A East 31~t Street) Administration 1. Discussion--Dakota County Historical Society Lease Agreement--LeDuc Mansion 2. Schedule Special Meeting/LeDuc Agreement Approvals 3. First Reading/Order Public Hearing---Hastings Land LLC COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XlIL ADJOURNMENT: Next Regular City Council Meeting on Monday, April 7, 2003 City Council Minutes Hastings, Minnesota March 3, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, March 3, 2003 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota. Members Present: Councilmembers Hazlet, Hicks, Moratzka, Riveness, Schultz, and Yandrasits Mayor Werner Members Absent: None Staff Members Present: David Osberg, City Administrator; Shawn Moynihan, City Attorney; Melanie Mesko Lee, Administrative Assistant/City Clerk; John Hinzman, Planning Director; John Grossman, HRA Director Tom Montgomery, Public Works Director Approval of Minutes Mayor Wemer asked if there were any corrections or additions tothe minutes of the regular meeting of February 18, 2003. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Moratzka, to approve the Consent Agenda as presented. 7 Ayes; Nays, None. 1. Pay Bills As Audited 2. Resolution~upport of Point Douglas Trail 3. First Reading/Schedule Public Hearing---Vacation of Right-of-Way: Portion of 21st Street East adjacent to 2007 Vermillion Street (Jeff Langenfeld) 4. Request to Assess Water Service Repair 5. Resolution--Final Pay Estimate: Lock & Dam Access Road & Riverfront Trail (Hoist Construction): $12,815.29 6. General Sieben Ddve Easement Release 7. Pay Estimate: City Council Chambers AV System (Alpha Video): $128,828.00 8. Approve Position Description--HEO/Mechanic 9. Request for Budget Adjustment--Fire Department 10. Resolution--Approve Raffle for Hastings Track & Field on March 29, 2003 Copy of resolutions on file. Minutes of the Regular Meeting of March 3, 2003 Page 2 of 3 Award Bid--General Sieben Drive Extension Public Works Director Montgomery recommended that the bid be awarded to A-1 Excavating in the amount of $2,200,734.75. Moved by Councilmember Hicks, seconded by Councilmember Yandrasits to award the bid as presented. 7 Ayes; Nays, none. Public Hearing--Rezoning R-1 & R-2 to O-1: SW Comer of Pine Street & Highway 55 (Siewert Construction)---Mississippi Office Park Mayor Wemer opened the public hearing at 7:02 p.m. Planning Director Hinzman provided a brief background on the proposed project. Hearing no further comments, the public hearing was closed at 7:03 p.m. Ordinance Amenclment--Rezoning R-I & R-2 to O-1: SW Comer of Pine Street & Highway 55 (Siewert Construction)--Mississippi Office Park Moved by Councilmember Yandrasits, seconded by Councilmember Hicks to approve the ordinance amendment as presented. 7 Ayes; Nays, none. Copy of ordinance on file. Public Hearing--Amend Business Subsidy Criteria Mayor Wemer opened the public hearing at 7:05 p.m. HRA Director Grossman provided a bdef background on the proposed amendments, which include establishing a minimum wage for projects requiring the recipient to pay closing costs. Hearing no further comments, the public hearing was closed at 7:06 p.m. Resolution--Amend Business Subsidy Criteria Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the subsidy criteria as presented. 7 Ayes; Nays, none. Copy of resolution on file. Resolution---Site Plan: Jon Bogart (Arby's Restaurant) 1702 Market Boulevard Planning Director Hinzman stated that the Planning Commission recommended approval of the site plan with 21 conditions listed in the staff report. Councilmember Moratzka stated a desire for the landscaping to be consistent with the proposed Highway 55 landscaping project. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to approve the site plan as presented. 7 Ayes; Nays, none. Copy of: resolution on file. Minutes of the Regular Meeting of March 3, 2003 Page 3 of 3 LeDuc Mansion Transfer Agreement Discussion Osberg provided some background on the project, including a March 31 deadline for the transfer of the property to take place. Council provided comments on the proposed restrictive covenants. Osberg stated that the comments will be fonvarded. Staff will also prepare a written report for further Council discussion at the March 17, 2003 Council meeting. There may be a need for a special City Council meeting before March 31 to resolve issues related to this proposal. Adjournment Moved by Councilmember Hicks, seconded by Councilmember Schultz to adjourn the meeting at 8:00 p.m. 7 Ayes; Nays, None. A'FI'EST Mayor City Clerk Memo To: City Council From: Becky Kline Finance Department Date: 03/11/2003 The attached Department Report itemizes vouchers that were paid on March 11,2003. Thankyou. Date: 03/11/2003 Time: 11:24:15 Operator: BECKY KLINE Page: CITY OF HASTINGS PM Bntry - Invoice Pal~nent - Department Report )epartment Vendor Name Description Amount %DMINISTRATION AT&T LONG DISTANCE 1, 109.21 AMERICA~ PLANNING ASAICP MEMBERSHIF / HINZMA 226.2S BOISE CASCADE OFFICE BINDERS 50.61 23.41 222.89 246.30* Date: 03/11/2003 Time: 11:24:15 Operator: BECKY KLINE Department Vendor Name Description Amount Total for Depar=ment 230 84.70* BA~LS BERVICB BEARINGS / BOLTS / LINKS 107.62 COUNTRYSIDE IMPLEMEN FILTERS 170.19 FORTIS BENEFITS INS FEB LTD PREMIUM 233.39 6.97 6.97* Total for Fund 101 21,643.78' 73.43 55.00 49.81 -2.13 17.70 19.91 7.87 460.08 97.07 To=al for Fund 200 7,603.49* Total for F~nd 201 313.09' 2.31 2.31' Total £or Fund 210 2.31' FIRE 195.79 Date: 03/11/2003 Time: 11:24:15 Operator: BBCKY KLINE Department Vendor Name Description Amount Total for Department 210 3,170.20- Total for F~nd 213 3,728.65* PA~ AND P~C~TION WILLIAMS SCOTSMAN IN WARMING HOUSE R~NTAL/W~d~ 197.03 Total for Department 401 197.02- Total for Fuuld 401 197.03- 8,508.85* 21.11 21.11' Total for Fund 404 ECONOMIC DEVELOPMENT FORTIS BSNEFITS INS FEB LTD PREMIUM Total for Department 180 21.11' 4.38 4.38* Total for Fund 407 4.38* ASSOC CONSTRUCTION p GS DR EXT AD FOR BIDS 447.72 Total for Department 300 447.72* Total for Fund 493 447.72* Date: 03/11/200] Time: 11:24:16 operator: BRCKY KLINE FM Entry - Invoice Payment - Department Report Depar~men: Vendor Name Description Amount PUBLIC WORK5 FORTIS BENEFITS INS FEB L~ PI~IUM 46.89 PUBLIC WORKS SHERWIN-WILLIAMS BRUS}~S / PAINT 85.04 Total for Department 300 368.14' Total for F%u~d 601 368.14. CITY CLERK FORTIS BEN~FITS INS F~B LTD PREMIUM Total for Department 107 37.03 37.03* Total for Fund 610 37.03* 182.00 52.70 141.00 6,439.66 6,815.36' Total for Fund 615 6,815.36. Total for Fund 628 13.78 54.86 53.96 64.96 187.56' 187.56- Grand Total 60,938.58' 42.91 15.80 58.71' 8.10 34.95 43.05* Department Vendor Name Description Amount CROSSROADS EXPRESS L OIT CHANGE/ 97 CORWNVIC 34.05 KISSNER, CARy L. P. EPAXR 99 CROWN VIC/ #80 4,895.73 ~SAROS, WILLIAM ADV IBC PLANS EDUCATION/ 1,017.77 MCES FEB SAC fX~ARGES 58,063.50 W~LLIN CLO~ 0,449.50 STATE AIDS ~rEEDS ASSISTA 10,945.00 PLOTTER PA~ER / INK 143.84 MISCELLANEOUS MISCEL~%NEOUS 3,200.00 3,200.00 6,400.00* Date: 03/13/2003 Time: 10:13:35 Operator: BECKY KLINE Page: 3 CITY OF ~ASTING$ Department Vendor Name Description Amount Total for Fund 101 103,887.26' Total for Fund 200 11.10 11.10- Total for Fund 201 43.53 249.92 .81 296.26* Total for Fund 210 294.26* 26.63 66.90 35.00 105.30 7.00 191.67 120.00 37.26 595.00 1,419.76. DEBT Total for Fu~d 213 1,419.76. U.S. B~ TRUST NATI C~ SWIM P~L BOBDS 1998A 316.25 Total for Fund 301 316.25- DEBT DEBT Date: 03/13/2003 Time= 10:13:35 Operator: BECKY KLINE Page~ CITY OF HASTINGS FM Entry - Invoice pag~nent - Department Repor~ Department Vendor Name Description Amount HOLST EXCAVATING INC FINAL / LOCK & DAM ROAD 12,815.29 Total for Department 300 12,815.29' Total for Fund 400 12,815.29' Total for Fund 401 31,623.00. Total for Ftmd 402 2,109.07' Total for Fund 403 98,442.73* Total for Fund 404 1,245.20, Total for Fund 407 265.62* Total for Fund 492 4,830.50' Total for Fttlld 493 12,299.83' DEBT U.S. BARK TRUST NATI GO IMP BONDS 2000A 287.50 Date: 03/13/2003 Time: 10:13:35 Total for Department 700 287.50* Total for Fund 520 287.50* DEBT BANK TRUST NATI ~O IMP BONDS 2001B Total for Departmen= 700 DEBT Total for Fulld 521 3?3.75* U.S. I~IKTRUSTNATI ~O IMPROVBOIIDS SERIES i 316.25 Total for Department 700 316.25. DEBT To~al for Fund 598 U.S. ~ TRUST NATI C~O IMP BONDS 1999A Total for Department 700 316.25- 345,00 345.00* Total for Fund 599 345.00* Total for Fund 600 1,108.92- Total for Ftllld 601 112,700.90, Total for Fund 610 2,440.42* 5.31 596.15 295.00 19.60 37.26 21.30 70.50 68.14 1,120.09- Total for Fund 620 111,336.67. Grand Total 500,426.85* March 17. 2003 MEMOI~NDUM From: Dat~: Mayor Werner and Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk March 12, 2005 P. equest for Temporary 0n-Sale Liquor License for St. Elizabeth Ann Seton Church on Se~cember 21, 2005 Eec~mrnended ~uncll Ac~ci~n: Consider taking action on the following request: * A Temporary On-Sale Liquor License for St, Elizabeth Ann SetoM Church at 2035 West 15~ Street on Sunday, September 21, 2003 only subject to completion of all forms, insurance requirements, and application information by SEAS and approval by Minnesota Department of Public Safety.' SEAS is requesting a temporary on-sale liquor license to sell beer at SEAS (2035 West Street) as part of their 0u~door Fall Parish Festival on SeFtember 21, 2003. A gambling permit is before the Council for approval for the same event, * City Code regarding Temporary 0n-Sale Liquor License CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 03- -03 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS! MINNESOTA HELD: MARCH 17, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 17th of March, 2003 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 03- -03, approving application by Elizabeth Ann Seton School for a one-day temporary on-sale liquor license on September 21,2003 at Elizabeth Ann Seton Church, 2035 15th Street West. he following Counc~lmeml~ers were present: And the following Councilr~embers were~ absent: Councilmember , . : introdbced the following resolution and moved its adoption: RESOLUTION NO. 03- -03 RESOLUTION APPROVING THE APPLICATION BY ELIZABETH ANN SETON FOR A ONE-DAY TEMPORARY LIQUOR LICENSE WHEREAS, the Elizabeth Ann Seton School has presented an application to the City of Hastings to sell beer for one day on September 21, 2003 at Elizabeth Ann Seton Church, 2035 15th Street West; and; WHEREAS, the Minnesota Department of Public Safety requires a Resolution be passed to approve the request; and WHEREAS, the application for a Temporary On-Sale Liquor License has been presented; and WHEREAS, St. Elizabeth Ann Seton has paid the required fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Public Safety, showing the approval of this application for a one-day temporary on-sale liquor license. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted on the 17th day of March 2003. Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk To: From: Date: Re: Mayor Wemer and City Councilmembers Melanie Mesko Lee, Administrative AssistantJCity Clerk March 12, 2003 Application for One-Day Gambling Permit--Elizabeth Ann Seton Recommended City Council Action: Approve the attached Resolution, approving a one-day gambling permit for Elizabeth Ann Seton School. The raffles are planned for September 21, 2003 and will be held at SEAS. Back,qround: If Council should approve this application, the attached resolution will be sent to the Minnesota Lawful Gambling Board.showing the City's approval to allow the raffle. 'l'he Council approved a similar request by this organization in previous years. Should you have any concerns or qUestions, p e~se do not hes tate to contact me. Attachment: Resolution---Approving application for two, one-day gambling permits for Elizabeth Ann Seton School on September 21, ,2003. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 03- -03 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: MARCH 17, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties,' Minnesota, was duly held at the City Hall in said City on the 17T" of March, 2003 at 7:00 o'clock p.m. for the purpose in part of authorizing Resolution No. 03- -03, approving application by Elizabeth Ann Seton School · to conduct a one-day raffle on. September 21, 2003 at Elizabeth Ann Seton Church, 2035 15~h Street West. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION NO. 03- -03 RESOLUTION APPROVING THE APPLICATION BY ELIZABETH ANN SETON TO CONDUCT A RAFFLE WHEREAS, the Elizabeth Ann Seton School has presented an application to the City of Hastings to conduct a raffle on September 21,2003 at Elizabeth Ann Seton Church, 2035 15th Street West; and; WHEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed to approve the request; and WHEREAS, the application for Exemption from lawful Gambling license has been presented; and WHEREAS, St. Elizabeth Ann Seton has paid the required fees. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the Minnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: th Whereupon said resolution was declared duly passed and adopted on the 17 day of March 2003. Michael D. Werner, Mayor A'CrEST: Melanie Mesko Lee, Administrative Assistant/City Clerk I:rom: Date: 1~: Mayor Werner and City Councilmembers Melanie Mesko Lee, Admini~rative Assistant/City Clerk March 12, 200~5 Approval of Tobacco License for Vermillion Bottle Shop I~c~mm~nd~d Ci~i/C~m~il A~ci~n: Approve the tobacco license for Vermillion Bottle Shop. Background: Due to an oversight, the Vermillion Bottle Shop's tobacco license was not included in the December 2002 renewals. Council is requested to approve the license, effective through December 31, 2003. If you have any questions, please let me know. Resolution. None application materials on file. DAKOTA COUNTY~ MINNESOTA RESOLUTION 03 -03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A TOBACCO LICENSES FOR VERMILLION BOTTLE SHOP WHEREAS, Vermillion Bottle Shop applied for a license renewal to sell tobacco and tobacco-related paraphernalia within the City of Hastings; and WHEREAS, the license year runs from January 1 to December 31; and WHEREAS, Vermillion Bottle Shop, has completed all of the required renewal application materials and has submitted the required fees. NOW, THEREFORE BE If RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; That the Mayor and the City Clerk be authorized to sign licenses authorizing Vermillion Bottle Shop to operate as a licensed tObacco establishment for the period of January 1--December 31, 2003, unless revoked by the City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17th DAY OF MARCH, 2003. Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) I:rom: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative A~is~ant/City Clerk March 12, App~val of Tobacco License for Rile~s Express Mart Eecomm~nd~d Cil;y ~ounr. ll A~Jon: Approve the tobacco license for Riley's Express Mart. Scan William, on behalf of Rlle~s Express Mart, has made application to sell ~obacco and tobacco related paraphernalia at F. ile3?~ Express Mart, Iocate~ at 1~,55 9outh Frontage P, oad, effective through December 31, 2003. If you have any queetions, please let me know. A ~c~c a e h rn e n~c.~: Resolution. None application materials on file. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 03 -03 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A TOBACCO LICENSES FOR Sean William, DIB/A RILEY'S EXPRESS MART WHEREAS, Sean William has applied for a license to sell tobaccO and tobacco- related paraphernalia within the City of Hastings at Riley's Express Mart, 1355 South Frontage Road, Suite A; and WHEREAS, the license year runs from January 1 to December 31; and WHEREAS, Sean William has completed all of the required application materials and has submitted the required fees. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY' OF HASTINGS AS FOLLOWS; That the Mayor and the Cit~, Clerk'be authorized to sign licenses authorizing Sean William, D/B/A Riley's Express Mart to operate as a licensed tobacco establishment for the period of March 18~December 31, 2003, unless revoked by the City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17a DAY OF MARCH, 2003. Ayes; Nays: Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Lori A. Webster, Finance Director 0~ 2003 Budget adjustments March 11, 2003 The City Council is asked to authorize budget adjustment requests received by · departments which appear below: $ 4,973.60 increase to Police clothing (101-201-2010-6218) to reflect the purchases of the Reserve unit for body armor devices that were purchased using the police reserve accounts. $1,500.00 increase to Heritage preservation revenues (210-170-1705-5815) and to expenditures (210-170-1705-6560) for a donation from Hazel Jacobsen-Theel which are to be used for art framing As always, should you have any questions on this information, please feel free to contact me. Council Action Requested Authorize the above 2003 budget adjustments and as indicated. HASTTNGS POLl:CE DEPARTMENT MEMO TO: FROM: DATE: SUBJECT: Lori Webster Chief UcMenomy March 4, 2003 Transfer of Funds This memo Will request transfer of funds from the Hastings Police Reserve cash account, number 101-201-000-1004. This account is used to purchase equipment voted on by the members of the reserve unit for their use. The reserve unit recently purchased ten body armor devices for the members of the unit. That invoice was paid for by the City out of the police department's clothing and uniform account 101-201-2010-6218. The total amount of that invoice and amount paid was $4,973.60. I am requesting the transfer of funds from the reserve account back into the police department clothing and uniform account. It should also be noted that this department has been awarded a grant where after submission to the US Department of Justice the reserve unit will be reimbursed that amount used to buy the vests by the US Department of Justice. It is our intention then that the unit will purchase additional vests for the remaining members of the reserve unit with that money. If you have any questions concerning the request of this transfer of funds from the reserve account to reimburse the police department's uniform account, please don't hesitate to contact me. Thank you. To: Honorable Mayor and City Councilmembem ¢¢: John Grossmen From: Char Stark, Assistant Finance Director Dat~: March 4, 2003 Re: Budget transfer Recommended City Council Action The City council is asked to approve a budget adjustment of $1,500.00 for a donation received from Hazel Jacobsen-Theel. Staffrequests to use these funds for art flaming for the Heritage Preservation art commission program. Revenue:210-170-1705-5815 Expenditure: 210-170-1705-6560 Back~round MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 12, 2003 Utility Department Computers & SCA.DA System The Utility Department SCADA system (Supervisory Control and Data Acquisition) which controls the hydropower plant, the water system wells, storage tank levels, and control valves, and the wastewater system lift stations and all alarms for these systems has reached a critical mass where it is now overloading the four year old PC that it is running on. Telemetry data is being lost and the alarm system has become undependable. A new computer has been ordered, along with an update of the SCADA software (the existing software cannot run on the new Windows operating systems). In addition, the screen on the laptop computer used to access the SCADA system after hours is broken. The cost to repair the screen is at or above the cost of purchasing a new computer. All computer purchases were removed from the 2003 budget. Staff is requesting a Water Fund budget transfer orS10,000 from repairs to equipment (600-300-3300-6353) to computer equipment (600-300-3300-6570) to fund the SCADA computer and software upgrade and the purchase ora new laptop computer to replace the broken one. The computer replacement costs break out as follows: $1,500 for replacement of the SCADA computer, $7,000 for the sot'tware upgrade and engineering support for transfer of all the telemetry data points and control algorithms, and $1,500 to replace the laptop computer, including extended warranty and upgraded software. c~rV' o~ ~-rmes MEMO TO: FROM: RE: DATE: Honorable Mayorand City Council members LoriA. Webster, Finance Director /~,~ 2003 Fees March 12, 2003 The Finance and Utilities Departments have been reviewing various fees the City charges for certain services that are provided. Currently, the Finance Department provides assessment search services and the fee has been set at $15.00 for over ten years. Separate to this, we will also calculate final utility bill information such as currant or delinquent account information on request We are seeking to combine these two services so that the recipient will receive a form for both the utility bill and assessments outstanding. We propose to charge $ 25.00 for this service. It should be noted that this fee will be applicable only to the Realty and/or Title companies that request this information. We do not plan to charge a resident seeking information on their property or on their utility account. In addition to this, the Finance Department seeks to implement a fee for the preparation of a final utility bill. This practice has not had a fee associated with it in the past however, we feel the city needs to attempt to,recoup some of the costs. Preparing the final bill is a separate function form the normal billing cycles and for that reason is not an automated process. We recommend a $ 25.00 fee. The Utilities Department is requesting to increase fees for reconnection services in an effort to recoup costs. Presently, a fee of $15.00 is assessed for reconnecting water service at the request of owner. The recommendation is to increase this fee to $ 50.00. The Utilities Department is also requesting to increase fees for the reconnection service as a result of a shut off due to non payment of the utility bill. The current rates are set at $50.00 during working hours, and $75.00 after working hours. The recommendation is to increase this fee to $100.00 for reconnection dudng or after office hours. We are asking City Council to authorize the following fees to be effective 4/1/03. As always, should you have any questions on this information, please feel free to contact me, or Tom Montgomery. Council Action Requested Authorize the following fees effective 4/1/03. Water/Assessment search fee: $ 25 Final Utility Bill fee: $ 25 Reconnect (per resident request) . $ 50 Reconnect (per non payment) $100 March 11, 2003 To: From: Re: The Honorable Mayor and City Council John Grossman Resolution in support of continued express bus service Council member Hicks, the city's representative on the Red Rock Corridor Commission requested that this resolution be drained and presented to Council. The existing express bus service from Cottage Grove (using the Rodeo parking lot) to Minneapolis appears to be popular from the number of cars parked there every day. This form of trausit alleviates some of the congestion on Highway 61, thereby benefiting those who cannot use the bus as well as those who do. Express busses also begin to build a customer base for commuter rail transit. CITV COUI CIL CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Council member its adoption. introduced the following resolution and moved RESOLUTION NO. RESOLUTION SUPPORTING THE CONTINUATION OF EXPRESS BUS ROUTES 363 AND 365 FROM COTTAGE GROVE TO MINNEAPOLIS Whereas the Red Rock Corridor extends from the City of Hastings through downtown St. Paul to the multi-modal station in downtown Minneapolis; and Whereas the 2002 Legislature provided funding for one year of express bus service from Cottage Grove to Minneapolis; and Whereas residents of south Washington county and eastern Dakota County have been able to use routes 363 and 365 from Cottage Grove instead of having to travel to Woodbury for express service to Minneapolis; and Whereas the ridemhip on these routes has steadily increased, demonstrating the potential for alternative modes of transportation to reduce congestion; and Whereas delay and congestion as a result of construction and reconstruction on T.H. 61, the Wakota Bridge, Tower Drive, Hinton Avenue, and the Glen Road interchange will continue in 2003; Now therefore be it resolved that the Hastings City Council supports and requests continuation of funding for the Cottage Grove Express Bus routes 363 and 365 fi.om Cottage Grove to Minneapolis. Be it further resolved that a copy of this resolution be submitted to Metro Transit, Washington County, Dakota County, Denmark Township the Cities of Woodbury, Cottage Grove, Newport and St. Paul Park, and the Legislative delegation. Council member vote: seconded the motion and upon its being put to a Ayes: Nays: Adopted this 17th day of March, 2003 Resolution continued Michael D. Wemer, Mayor (seal) Melanie Mesko Lee, City Clerk Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March '17, 2003 Subject: '1st Reading\Order Public Hearing - Vacation of Right of Way f~2003- 16 - Oak Street between 9th and 10th Streets - Daniel Dodge & Diane Vetter REQUEST The City Council is asked-to consider 1st Reading and order a public hearing to vacate the Oak Street right-of-way, between 9th ~ 10th Streets as requested by Daniel Dodge and Diane Vetter of 802 10th Street West.. The public hearing would be scheduled for the Monday, April 7, 2003 City Council Meeting upon approval of the City Council. BACKGROUND The existing right-of-way is unimproved and does not contain a roadway. There are no plans to extend the Oak Street roadway south of 9th Street. Upon approval of first reading, utility companies would be contacted to help delineate any existing utilities, and assist in establishing easement. ATTACHMENTS · Location Map · Letters in support of the request · Application ~000%%%0%%®0000~%0® February 18, 2003 - RE: Letter of Support To whom it may concern: I know that Daniel Dodge and Diane Vetter, 802 t0t~ St. W, Hastings want to remove their 1 car garage and rebuild a 2 car garage which will c.reate the need for vacancy of Oak Street Right-of- Way land, which is fine with me. Building a 2 car garage on that land causes no trouble to me. Dan and Diane keep their property cleaned and mowed. I'm sure that having a 2car garage there will be of no trouble and indeed have a good potential for elevating the value of thee neighborhood. Sincerely, February 18, 2003 RE: Letter of Support To whom it may concern: I know that Daniel Dodge and Diane Vetter, 802 10th St. W, Hastings want to remove their 1 car garage and rebuild a 2 car garage which will create the need for vacancy of Oak Street Right-of- Way land, which is fine with me. Building a 2 car garage on that land causes no trouble to me. Dan and Diane keep their property cleaned and mowed. I'm sure that having a 2car garage there will be of no trouble arid indeed will have a good potential for elevating the value of the neighborhood. Sincerely, LAND USE -APPLICATION CITY OF HAST12'4GS i01 4th Street East, Hastings, MN 55033 Phone (6M)4~7.4I_7 Fax (651)427.7082 AddressofProperrYInvolved: y~2-~ /0= ~¢. ~.,, ~v~/D //x2 Legal Description of Property Involved: AppHc~t:N~e ~,~[ OfficiJ ~se O~y. . - ] Ad.ess ~ ~ Phone Owner (If different from Appl/cant): .Name r~ ;~/].- Address . ~l' Fee Paid Rec'd bY Ordinance # Section Phone Request: \lCtccxtxo %c~[ ~ Oe-~ Cp~eci}lU~e: Rezone: ~ u Subdi~Sgion: Comp Plan Amend: Vacation: ~./~.,~, (70 Site Plan: Other: Variance: TOTAL: Description of Request (include site plan. survey, and/or plat if applicable): , Signature of Owner Date Memo Christ's Family Church Rezoning -'~E]~s].3r~ Street City Council Memo - March 17, 2003 Page 1 To." From: Mayor Werner and City Council Kris Jenson, Associate Planner Date: March 17, 2003 Subject: Order Public Hearing/1st Reading - Rezoning ¢~2003-12 to rezone property from I-1, Industrial Park and R-2 Medium Density Residential to C-3, Community Regional Commerce at 515 East 3'~ Street. REQUEST The City Council is asked to order a public hearing and consider 1st reading of an ordinance amendment to Chapter 10.01 of the City Code to rezone approximately 1.05 acres located at 515 East 3r~ Street be rezoned from I-1, Industrial Park and R-2 Medium Density Residence to C-3, Community Regional Commercial, as requested by Christ's Family Church. Subject to approval by the City Council, the public hearing and second reading would be scheduled for the April 7~, 2003 City Council Meeing Lot2, Block 122 is currently R-2 and proposed to be rezoned to C-3. Lots 3, 6-8, Block 122 are zoned I-1 and proposed to be rezoned C-3. There are no proposed site plan changes at this time; therefore a site plan review is not required. ~ RECOMMENDATION The Planning Commission unanimously voted to recommend approval of the rezoning at the January 13, 2003 meeting with limited discussion. No one spoke for or against the item during the public headng. The rezoning is consistent with the Comprehensive Plan. BACKGROUND INFORMATION Christ's Family Church Rezoning - 515 East 3rd Street City Council Memo - March 17, 2003 Page 2 Comprehensive Plan Classification The request is consistent with the 2020 Comprehensive Plan designation of MXD- Mixed Use District. This is anew district created for the 2020 Comprehensive Plan for the downtown area to incorporate the mix of commercial and residential uses in the area. Zoning Classification The existing residential zoning classification is primarily industrial, with one lot zoned Residential. While churches are allowed in any district (either as a permitted use or by special use) the Commercial zoning district conforms to the Comprehensive Plan and is more appropriate for the area than Industrial zoned land. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use ZoninR Comp Plan North Wastewater Plant C-2 Highway Comm. P - Public East Single Family Homes R-2, Med. Den. Res. U-I Urban Res. South Vacant lot I-1 and R-2 C and U-I West Railroad Tracks Vacant Lot I-1 Industrial MXD Existing Condition The existing site has a building currently being used a fitness center, and a smaller building · on the north side being used for storage. ATTACHMENTS · Location Map · C-3 Commercial Uses · Application Special Use Permit-ttolst Crave/Pit City Planner Matt Weiland stated that the discretionary EAW ordered by the City Council in Juae of 1999 was completed and the 30 day comment period has also expired. Weiland stated that although there was some public concern against this project, staff is requesting a motion to approve the soil processing permit from December subject to the condi*;~-~ -- -,' ,. ,. . 31, 1999 to iD~eember 31, 2000 ' 'i ,,,,,~ uuumea ~n ms planners report of December 1999. There was significant discussion by the Council regarding water quality concerns, storage of fuel and compliance issues. Moved by Counciknemb6r Hicks, seconded by Councilmember Riveness, to approve the special use permit for Hoist Gravel Pit from December 31, .1999 to December 31, 2000 with an amendment that Holst is required to provide a form of financial security acceptable to the City to protect from any future well contaminations. 6 Ayes; Nays, None Comprehensive Plan. Land Use Section City Planner Matt Weiland "presented tti~ land' use section of the 2020 Comprehensive Plan which was recommended by the Planning Commission at their December 13, 1999 Planning Commission meeting. Councilmember Moratzka stated that she would like to see some ' regarding clarifications e C~ty s expectations for transportation connections in the next twenty years. Moved by Councilmember Riveness, seconded by Councilmember Simacek, to approve the land use section of the 2020 Comprehensive Plan. 6 Ayes; Nays, None Y2K Floating Holiday Council is requested to approve an additional floating holiday in 2000 to be used by March 3 I, 2000 as compensation for those non-union exempt employees working on December 31 and Jan~m-y 1, 2000 dU& to the Y2K issue. Moved by Couneilmember Riveness, seconded by Coun¢ilmember Johnson, to approve the additional Y2K floating holiday for 2000. 6 AYes; Nays, None .~' City Administrator Transportation Allowance i'. . Moved by Councilmember Johnson, seconded by coUncilmember Moratz2ca, to approve the transportation allowance in the mount of $325.00 per .month for the City Administrator. None '~.i.".:,? 20~0"N6i~.;Union Compensation Adjustment ': .... :. :~.:.:,, 19l~:ed by Councilmember Simacek, seconded · '~"'"?':': ......... · ,-'~' · by Councflmember"Riveness, :": · to ?5: .,~ '.:~,~ .. approvela 3i25% adjustment in the non-union compensation schedule and to ~chedule a · .: '., Sl/eeial meeting Of the City Council to review a draft of the classification. :and %': compensation system as prepared by Rod Kelsey the City's ; '.:?~' 6 Ayes; Nayg, None Consultant. ' ~' ;".'.;,-. SECTION 10.20. C-3 COMMUNITY-REGIONAL COMMERCE. SUBD. '1. INTENT. The intent of this Chapter in establishing a community-regional commerce district is in recognition of the existing downtown commercial development and of the need for its future expansions, rehabilitation and redevelopment. SUBD. 2. USES PERMITTED. a. Commercial establishments including, but not limited to, the following: 1. Retail and service establishments excluding automobile repair. 2. Offices. 3. Entertainment and amusement services. 4. Lodging services including hotel and motel. b. Public and semi-public buildings. c. Private Clubs. d. Residential dwellings provided they are located above the first floor level. e. Automobile parking lots. f. Churches g. Accessory uses incidental to the foregoing principal uses. SUBD. 3. USES BY SPECIAL PERMIT. a. Automobile service stations and motor vehicle repair and wash. b. Small animal clinics, excluding establishments with outside runs and non-patient ovemight boarding. c. Towers as regulated by Section 10.05 Subd. 12 ofthis chapter. d. Residential dwellings on the first floor level provided the dwelling is accessory to a commercial use, less than 50% of the first level floor area and is located in the rear of the building with a separate outside entrance. Source: Ordinance No. 433, Second Series Effective Date: 7-6-98 52 LAND USE APPLICATION CITY OF HASTINGS i01 4th Street East, Hastings, MN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved:. ~-'/~ ~n~L~ ,'~f~r Legal Description of Property Involved: Applicant: NMe Own~ ~ ~fferent Phone Official Use Only File No. Fee Paid Rec'd by Ordinance # Section Request: Rezone: Comp Plan Amend: Site Plan: ~ ~,~( / Variance: Special Use: SubdiviSion: Vacation: TOTAL: Description of Request (/nclude site plan, survey, and/or plat if applicable).~ /' ~ign~ature ~£ ~cant Date Memo To.' Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 17, 2003 Subject: Riverwood 7th -Reauthorization of Final Plat #2002-52 to subdivide 89.6 acres south of Cty Rd 47 and the existing Riverwood subdivision by Advanced Homes. REQUEST Neal Siewert, President of Advanced Homes Inc. is requesting reauthorization of the Final Plat approval of Riverwood 7~ Addition consisting of 89.6 acres, located along South of County Rd 46 and the existing Riverwood Subdivision. The City Council granted approval of the Preliminary and Final Plat on September 3, 2002. The Final Plat was not recorded with Dakota County within the 90 day limit established in the subdivision ordinance. The Final Plat would subdivide 75 lots and three outlots as follows: · 13 Single Family Lots · 60 Townhome Lots · 2 Apartment/Condo Building Lots · 30utlots (Open Space Areas and future residential lots) ATTACHMENTS · Resolution · Location Map · Preliminary/Final Plat · Planning Commission Minutes ~ August 12, 2002 · City Council Minutes ~ September 3, 2002 · Application Riverwood 7th Addition Final Plat Reauthorization City Council Memo- March 17, 2003 Page 2 PLANNING COMMISSION RECOMMENDATION The Planning Commission recommended unanimous approval of the request at the August 12, 2002 meeting. During the public hearing two individuals spoke, expressing concerns about traffic generated by the road connections and the traffic condition of Highway 61 and Cannon Street. Commissioners questioned the reduced park dedication amount. Please see the attached minutes for further information. BACKGROUNDINFORMATION Comprehensive Plan Classification The property is guided U-II Urban Residential (4-8 units/acre) in the Hastings 2020 Comprehensive Plan. This area is within the MUSA, so no comp plan amendments are required for this property. The density for this plat is 6.5, and the overall proposed density for this site is just over 5. Zoning Classification The property is zoned R-3 - Medium High Density Planned Residential Development, which allows for clustering of units and preservation of open space. The proposed development conforms to the R-3/Planned Residential Development standards. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Riverwood Sub. R-3 Med High Den PRD U-II Urban Res. Agriculture R-3 Med High Den PRD U-II Urban Res. East Century South R-3 Med High Den PRD U-II Urban Res. Vermillion Riv Open Sp. FW-Floodway P-Public South Agriculture Marshan Twp West Agriculture Marshan Twp Existing Condition The east side of the property has a large drainage area, which is intended to be channeled. A Special Use Permit was approved for the grading along the Vermillion River. Proposed Condition Development of single family, townhomes, and condominium buildings. Riverwood 7th Addition Final Plat Reauthorization City Council Memo - March 17, 2003 Page 3 PRELIMINARY/FINAL PLAT REVIEW Condominiums Two lots have been designated for the construction of two multi-unit buildings. One 72 - unit building and one 36-unit building are intended for the lots. Site plan review will be required for each of these sites prior to construction of the buildings. Townhomes The townhome lots platted with this plat are either two-unit or four-unit buildings and will require site plan review prior to the issuance of building permits for the units. Access and Circulation The platting of this subdivision will provide the ROW for two major road connections. 31 st Street and 36th Street will be platted from the east boundary to either Cty. Rd. 47 or Village Trail. Dakota County will be reviewing the plat due to the connection of 31st Street to Cty. Rd. 47. The Fire Marshal has requested that the following street be renamed: a. Vista Trail, in that it doesn't connect to Vista Drive or Vista Court, and could be confused with Village Trail. Grading, Drainage, and Erosion Control Plan The Public Works Department has been submitted copies of the grading, drainage and erosion control plans and has not indicated any major problems. The applicant should continue to develop final plans in cooperation with Public Works. A special use permit was issued for the grading on June 16, 1998. Utilities The proposed utility plan is currently under review. The applicant should work with the Public Works, and Fire Departments to coordinate locations of utilities. Sidewalks and Trails Both 31st Street and 36th Street will have a 5' wide sidewalk on one side, with a 10' bituminous path on the other side. Currently, the plans call for an 8' wide bituminous path, however, the existing path on the south side of 36t~ Street through Century South is 10' wide. Both Riverwood Drive and Village Trail will also have sidewalks on one side of the street connecting to the existing walks. Public Land Dedication Riverwood 7th Addition Final Plat Reauthorizafion City Council Memo - March 17, 2003 Page 4 Based on a prior agreement between the applicant and the City Council, the applicant needs only pay $289.00 per unit, which is 34% of the $850.00 normally required. With the 185 units in this plat, it equals $53,465.00 in park dedication fees. When Riverwood 4th Addition was preliminary platted, one of the conditions was that 8 acres of land for a park be dedicated, and the developer and the City decide the amount of cash required at a later date. The minutes of the June 5, 1989 Council meeting reflect the approval of a cash-in-lieu figure set at 34% of the current park dedication fees. It was rationalized that the 8-acre park satisfied 68% of the overall required park dedication, and therefore the remaining dedication would be paid at a rate of $289.00 per unit, which is 34% of $850.00. One issue raised at the Planning Commission meeting is the Condition that the park dedication fees are paid at the time of platting. Mr. Greg Jablonske, a partner in Advanced Homes and the Riverwood Development, stated that in previous phases, the park dedication fees were paid at the time a building permit was issued, and that they would like to continue in that manner. Staff has moved away from this practice, as it is cumbersome to track for both the Building and the Finance Departments. The Parks Director has also expressed his preference to have the park dedication fees paid in a lump sum manner. Currently, only 2 subdivisions pay park dedication fees at the time of permit issuance - Summit Point and Sunset West. Staff maintains the recommendation that park dedication fees be paid at the time of platting. Interceptor Sewer Fee The applicant shall be required to pay a sewer interceptor fee of $315 per lot for a total of $58,275 ($315 x 185 lots/units). All fees must be paid before release of final plat mylars. Landscape Plan The developer will be required to submit a boulevard tree plan, which must be approved by the City Forester prior to release of the final plat mylars. Trees must be located every 50' in the boulevard. The condominium lots and the townhome areas will be required to submit a landscaping plan as a part of the site plan review process. An escrow is required for any unplanted trees before occupancy of any unit without trees is allowed. Homeowner Association/Covenants A homeowner association and covenants must be established to ensure continued maintenance of all outlots and common areas. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS REAUTHORIZING CITY COUNCIL RESOLUTION NO. 09-07-02 APPROVING THE FINAL PLAT OF RIVERWOOD 7TM ADDITION VgltEREAS, The City Council of the City of Hastings approved the Final Plat of RIVERWOOD 7TM ADDITION, a residential subdivision consisting of 75 lots and 3 outlets on September 3, 2002 as City Council Resolution No. 09-07-02; and VCHEREAS~ Section 11.03, Subd. 3G of the City Code of the City of Hastings stipulates recording of a Final Plat with the Dakota County Recorder within 90 days of Final Plat approval; otherwise such approval shall be considered null and void; and WHEREAS, the 90 day period in which to record the final plat has expired. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL that the Final Plat approval for RIVERWOOD 7TM ADDITION is hereby reauthorized for 90 days from the date of this resolution, subject to the conditions of the original resolution of approval including: 1) The final plat mylars must be consistent with the approved final plat as presented to the City Council. 2) The developer shall pay an interceptor sewer fee of $315.00 per unit, for a total of $58,275 for 185 units. This shall be paid in full prior to the City releasing the final plat mylars. 3) The developer shall pay a park dedication fee of $289.00 per unit, for a total of $53,465.00 for 185 units. This shall be paid in full prior to the City releasing the final plat mylars. 4) Public right-of-way for 36th Street shall be dedicated across the entire portion of the Final Plat. 5) The developer shall modify the final plat to rename Vista Trail. The Public Works Director and Fire Marshal shall approve the new name. 6) The developer shall provide documentation that common open space and pending basins shall be privately maintained by a homeowners association and not by the City. 7) The developer shall submit landscape plans for the required cul-de-sac islands. The developer is also responsible for showing that the island will be maintained by some means other than the City, such as a homeowner's association. 8) Any outlots in this plat must be replatted before they may be developed. 9) Any structures in this plat contain'rog more than two units must go through site plan review prior to the issuance of building permits for the units. 10) The developer must submit a boulevard landscape plan, as required per City Code, to the City Forester for approval prior to the release of the final plat mylars. An escrow is required for any unplanted trees before occupancy of any unit without trees is allowed. 11) The plat must receive approval 15om Dakota County prior to the release of the final plat mylars. 12) Future site development of'shoreland' area (300' fi.om the OHWL) within Lot 1, Block 8, of the Riverwood 7$ Addition Preliminary/Final Plat shall be restricted to open space and stormwater ponding use. 13) The developer shall enter into a development agreement with the City of Hastings documenting the conditions of approval for the Riverwood 7th Addition. The Development Agreement shall be signed prior to the City releasing the final plat mylars. 14) That the developer shall have separate water meter and water line installed for all irrigation systems. 15) That the applicant provide evidence that the private street and utilities will be/are maintained by a homeowner's association and not by the City. 16) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 17) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 18) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 19) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. Adopted by the Hastings City Council on March 17, 2003 by the following vote: Ayes: Nays: Absent: Michael D. Wemer, Mayor ATTEST: Melanie Mesko Lee, Administrative Assistant/City Clerk (CitySe~) I HEREBY CERTIFY that the above is a tree and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on March 17, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant/City Clerk (S Ar) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 ~0~0000~05~$000 ~ ® 0 ~ _ r~ 00.0 0 PLANNINfi C0 SION August 12t~' 2002 'Regular Meeting 7:00 pm Chairman Anderson called the meetin~ to order at 7:00 pm. .1. Roll Call Commissioners Present: Alongi, Anderson, Greil, Hollenbeck, Miehno, Truax, and Twedt Commissioners Absent: None Staff Present: Planning Director John Hinzman, Associate Planner Kris Jenson 2. Approve July 8m, 2002 Planning Commission Minutes With no changes, the minutes were accepted by a unanimous vote. PUBLIC HEARING - Riverwood 7m Addition - Preliminary and Final Plat #2002-52 to subdivide 89.6 acres into 73 single-family, townhome, and apartment lots by Advance Homes. Planner Jenson presented background information on the project. Chairman Anderson opened the public headng at 7:09 pm. Curt Aaseng, 1167 Teal Way, expressed concerns with road connections and traffic to County Road 47, as well as the timing of the development. Headng no other comments, the public headng was closed at 7:15 pm. Dan Tilsen, project engineer for the development, stated that they hoped to grad the land this fall and winter in order to begin construction next spring. They will also be adding tum lanes along County Road 47 at 31st Street. Commissioner Greil asked what was being proposed for Outl'ot B&C, as well as the time frame for constructing 31~t Street. Mr. Tilsen stated that some sketch work had been done for the sites, but nothing definite. Director Hinzman stated that the complete ROW for 31~ Street and 37t~ Street are being platted with this plat. Commissioner Alongi inquired as to why the City was only receiving 34% of the park dedication fees for this project. He also inquired as to why there was not a traffic signal at 36~ Street and Highway 61. Director Hinzman stated that it does not meet warrants at this time. Elizabeth McCoy, 117 22nd Street West, stated that the area along Cannon desperately needs a light to allow them to access Highway 61. Director Hinzman stated that as for the park dedication requirements, Staff would do some more research as to the reasoning behind the 34% requ rer~ent... Greg jablonske, part owner of the Riverwood Development with Mr. Neal Siewert, stated that in combination with the land dedication, that was the amount that was worked out with the Riverwood 4t~ Addition in 1989. . ~ - Planning Commission Action: Commissioner Twedt moved and Commissioner Alongi seconded a motion to recommend to the City Council the approval of the Riverwood 7t~ Addition prelirninarylF?al Plat, subject to the following conditions: 1) The final plat mylars must be consistent with the approved final plat. 2) The developer shall pay an interceptor sewer fee of $315.00 per unit, for a total of $58,275 for 185 units. This shall be paid in full prior to the City releasing the final plat mylars. 3) The developer shall pay a park dedication fee of $289.00 per unit, for a total of $53,465.00 for 185 units. This shall be paid in full pdor to the City releasing the final plat mylars. 4) The developer shall modify the final plat to rename Vista Trail. The Public Works Director and Fire Marshal shall approve the new name. 5) The developer shall provide documentation that common open space and ponding basins shall be privately maintained by a homeowners association and not by the City. 6) The developer shall submit landscape plans for'the required cul-de-sac islands. The' developer is also responsible for showing that the island will be maintained by some means other than the City, such as a homeowner's association. 7) Any outlots in this plat must be replatted before they may be developed. 8) Any structures in this plat containing more than two units must go through site plan review pdor to the issuance of building permits for the units. 9) The developer must submit a boulevard landscape plan, as required per City Code, to the City Forester for approval pdor to the release of the final plat mylars. An escrow is required for any unplanted trees before occupancy of any unit without trees is allowed. 10) The plat must receive approval from Dakota County prior to the release of the final plat mylars. 11) Future site developmentth .°f 'shoreland' area (300' from the OHWL) within' ' Lot 1, Block 8, of the R verwood 7 Addition Preliminary/Final Plat shall be restricted to open space and stormwater ponding use. 3 12)The developer shall enter into a development~ agreement with the City of Hastings documenting the conditions of approval for the Riverwood 7th Addition. The Development Agreement shall, be signed prior to the City releasing the final plat mylars. Upon vote taken: Ayes: 7, N~ays: 0. Motion carded. 4. Schoolhouse Square - Com~)rehensive Plan/Rezoning/Development Plan #2002- 67 A. Amend Comprehensive Lan(~ Use Plan from U-II Urban Residential to U-III Urban Residential. B. Rezone property from R-2 - Medium Density Residence to C-3 - Community Regional Commerce and R-5 - High Density Residence PRD. C. Development Plan, LLC (Pat Regan) Director HinJ:man presented background information on the proposal. Pa[ Regan, developer of the School House Square proper/y, introduced Jerry Mazzara, architect and designer for the project. Mr. Mazzara stated that the project was designed to blend with the neighborhood. He displayed building elevations and discussed the design themes. Chairman Anderson opened the public hearing at 7:55 pm. Vincent Teuber, 406 West 5th Street, stated that there is an easement for access which runs along the backs of the homes along 8th Street, and he wanted to be sure the developer was aware of the easement and to ensure that it wasn't compromised. Mr. Regan stated that he is aware of the easement and that access will still be provided to the property owners per the easement language. He also stated that they hope to clean up some legalities with the easement dudng the platting process. Tom Kusant, 805 Ramsey Street, expressed an interest in the density changes on the site, especially with the 40-unit building and the location of the parking for those units, as well as parking for potential restaurant patrons. Mr. Regan stated that parking is being provided underground for the 40-unit building, with at least 1 space per unit. The other apartment condo building also has adequate parking below for the residential units as well as the office/commercial uses in the building. He also added that the number of delivery truck visiting the site will be significantly reduced from the number of school busses that use to visit the site, and that they hope to widen 10t~ Street between Vermillion and Ramsey Streets. Mr. Mazzara added that all the parking for the townhoroes was located behind the units, so there would only be one access point for vehicles off of Ramsey Street. The townhomes are approximately 2.5 stories tall, and the apartment building is approximately 3.5 stodes tall. Mr. Teuber asked for a clarification on the access to the site from Vermillion Street. Minutes of the Regular Meeting of September 3, 2002 Page 3 of $ ided ,*d to the ttion ~thc Copy of resolution on file. Public ltearing--Preliminary/Final Plat: Riverwood 7th Addition Mayor Wemer opened the public hearing at 7:29 p.m. Planning Director Hinzman introduced the action. Dave Tucy, 1082 Regency Court, expressed concern over increased traffic and the lack of traffic signs.. . ...... Hearing no further pubhc comment, the puouc neanng was closed at 7:34 p.m. 2na Reading--Preliminary/Final Plat: Riverwood 7a Addition Moved by Councilmember Schultz, seconded by Councilmember MoraVzka to approve the action as presented. 7 Ayes; Nays, none. Copy of resolution on file. , Supervisor of the Guardian Angels Project, stood before the ~ commended City Staff for how good they were to work with throughout the proj, DeZeller said that he was impressed with the quick turnaround the v especially the Inspections and Code Enforcement Department Public Hearing--Comprehensive Plal House Square .M..ayor Wemer opened the public hearing Vmce Teuber, 406 5th Street West, requested remain on the proposed project. Heating no further public 'lan--School on how access to Lot 7 would was closed at 7:57 p.m. soon aRer its approval. She also density in the zoning previously agreed upon. Moved k 6 Ayes; Nays, one. Copy of resolution Moved Rezoning as ] Copy 2nd Reading-Comprehensive House Square Couneiimember Yandrasits e . concern over amenalng the comprehensive plan so oneem that there is no upper limit on the proposed L whether a limit could be placed. stated that she would like the access to Lot 7 remain as eloratzka, seconded by Councilmember Hicks to approve the presented. - ; agninnt.. · ~conded by Councilmember Moratzka to approve aerie. file, ' , Cotmcilmember Hicks, seCOnded by CouncHmember Riveness to approve the presented. 7 Ayes; Nays, none. Copy of resolution on fde. LA_ND USE .APPLICATION CITY OF HJiSTINGS I01 4~h S.treet Bas%, ]Kas~ings, ~ $503~ Phone (651)437 4127 Fax (651)427.7082 Address of Property Involved: ~ t'~./A c ~."c~,- ~ L~g~ Des~pfion ofProp¢~ ~volved: ~ ~, / ,0 [Official Use Only File No. Fee Paid Rec'd by Ckdi~zce # Section Phone Request:. Rezone: Comp Plan Amend:" Site Plan: Vm-iance: Special Use: SubdiviSion: Vacation: O~hcr: TOTAL: Description ofP. equest (iuclude site plan, survey, and/or plat if applicable): , , tT~ , · ,~, / ~i~aturc o'f Applicant Date . Sigmmze of Owner Date W-IS To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery March 10, 2003 Resolution'- Supporting Legislation To Provide Improved Funding Options For City Street Improvements Enclosed for Council approval is a resolution supporting legislation to provide improved funding options for City street improvements. The League of Minnesota, the City Engineers Association of Minnesota and the Minnesota Chapter of the American Public Works Association have jointly prepared a transportation primer that describes the state's roadway system and local road funding constraints. The report does not just ask for additional funding from the State Legislature, but also for other funding mechanisms, including impact fees, a transportation utility, and revisions to the special assessment process. I have also enclosed a copy of the report's executive summary for your information. The resolution will be forwarded to the League of Minnesota Cities to aid their efforts in convincing the State Legislature to enact legislation that will improve funding options for City street improvements. CITY OF HASTINGS Dakota County, Minnesota Resolution No. A RESOLUTION SUPPORTING LEGISLATION TO PROVIDE IMPROVED FUNDING OPTIONS FOR CITY STREET IMPROVEMENTS WHEREAS~ Minnesota contains over 135,000 miles of roadway, and over 19,000 miles-- or 14 percent--are owned and maintained by Minnesota's 853 cities; and WHEREAS, city streets are a separate but integral piece of the network of roads supporting movement of people and goods; and WHEREAS, existing funding mechanisms, such as Municipal State Aid (MSA), property taxes, special assessments and bonding, have limited applications, leaving cities under- equipped to address growing needs. WHEREAS, maintenance costs increase as road systems age, and no city-large or small--is spending enough on roadway capital improvements to maintain a 50-year lifecycle; and WHEREAS, the Council of the City of Hastings £mds it is difficult to develop adequate funding systems to support the City's needed street improvement and maintenance programs while-complying with existing State statutes; and WHEREAS, the League of Minnesota Cities, the Minnesota Public Works Association and the City Engineers Association of Minnesota, have jointly sponsored the development of a report entitled Funding Street Construction and Maintenance in Minnesota's Cities wherein (1) the street systems of the cities within the State are inventoried; (2) the existing funding systems are detailed and evaluated; and (3) recommendations are made; and WHEREAS, cities need flexible policies and greater resources in order to meet growing demands for street improvements and maintenance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HASTINGS that this Council concurs with the findings of the above referenced report, and fully supports the recommendations contained in that report; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF HASTINGS that this Council supports the adoption of legislation that would provide cities with the policy options they need to address current and future challenges in providing adequate street improvement and maintenance programs. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 17th DAY OF MARCH, 2003. Ayes: Nays: ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee, City Clerk (Seal) Funding Street Construction and Maintenance in Minnesota' Cities Providing the 'tools to help cities preservetheir road and bridge capital assets January 2003 Sponsored by: City Engineers Association of Minnesota The Minnesota Chapter of the American Public Works Association League of Minnesota Cities ~ I teagueofMinneso Cities ~ ~, ~g:'-~' I ~ "h , ,~ Cities romotin , excellence © Copyright Transportation Policy Institute, 2002 Executive Summary Introduction The purpose of this report is to assemble in one place much of the "need-to-know" information on municipal road and bridge funding ha Minnesota's 854 cities. This report builds off of the outstanding work done by Mn/DOT and others in their efforts to inforrh policy makers and citizens of the state who are interested in gaining a better understanding of the workings of road and bridge infrastructure investment in Minnesota. Our intent in preparing this report is twofold: First, the report can serve as a resource for pohcy makers, city officials, citizens, the news media and others in order to inform the discussion on city road and bridge infrastructure, and the way'it is currently financed. Second, the report proposes seven specific recommendations that the LegislatUre can consider to address the funding challenges identified in the report. Section 1: What does the city read and bridge system look like? ~' According to the most recent information from the Minnesota Department of Transportation (Mn/DOT), Minnesota has over 135,000 miles of roadway in the state. About 14 percent of that total, equal to more than 19,000 miles is owned and operated by Minnesota's 854 cities. ~' This report distinguishes roadway mileage in Minnesota cities on the basis of two variables: funding source and city size. The report separately discusses the resulting three categories of city roads: 1) locally funded in cities under 5,000 population (1,703 miles, nine percent of total city mileage), 2) locally funded in cities over 5,000 (14,072 miles, 76 percent), and 3) state funded in cities over 5,000 (2,818 miles, 15 pement). ~' Minnesota cities are responsible for a total of 1,247 bridges representing 6.4 percent of the total bridges in the state. Section 2: How is the system funded? ~' Minnesota's cities finance their road and bridge infrastructure through a variety of local, state and federal resources. The emphasis in this report will be on local and state funding sources, since the intended audience of this report is state and local officials. > The majority of funding for city streets, even among cities eligible to receive state aid, comes primarily from local resources: property taxes, special assessments, and bonding. ~' The most significant state source of funding is the Municipal State Aid program which, is available only to cities over 5,000 in population and only supports 20 percent of those cities' total mileage. MSA funding since 1988 (the last state gas tax increase) has failed to keep up with inflation. } Cities derive only a very small proportion of their total funding from federal sources. Section 3: Why are existing fu~dinE sources insufficient? ~' This section details a number of the most important demographic trends that are important to transportation system planners and elected officials as they consider options to address the current and future demands on roads and bridges in the state's 854 cities. 1. Traffic volumes are increasing. 2. Growth in city population and new housing is steadily increasing, placing greater demands on city and residential street systems. 3. Track movement is also increasing significantly. 4. City road and bridge infrastructure is aging. Section 4: Findings and Policy Options Sections I through 3 of this report discuss general information on the current city road and bridge infrastructure, current funding mechanisms, and future funding challenges. This background information is critical to understanding the broad trends and policies that affect city policy makers as they stri~e to maintain and improve their transportation infrastructure whi!e providing the best possible value to the taxpayer. In this section of the report, we attempt to identify and describe a handful of key findings that policy makers should be mindful of as they consider various transportation funding policy ,options, particularly as they relate to Minnesota city roads and bridges owned and maintained by Minnesota cities. The options presented in this section were the outcome of collaborative effort on the part of city staff and elected officials representing all of Minnesota's' cities. A. All City Systems Maintenance costs increase as road systems ag~. Cities have implemented a variety of strategies to address the maintenance funding gap. #A-3: Cities have become more reliant on property taxes and special assessments. #A-4: City bridges are in needs of repairs. #A-5: Cities are often required to contribute to IVlrdDOT and county road/County State Aid Highway projects located within city limits. Policy Options: 1. Provide funding for a "Local Road Improvement Program". 2. Provide cities greater flexibility to generate revenues through special assessments. 3. Provide cities with additional local taxing authority, including the authority to establish a "Transportation Utility". 4. Enact legislation authorizing cities to establish "Impact Fees". ' Findings: #A-l: #A-2: B. Locally Funded City Streets - Cities Under 5,000 Findings: #B-l: Most small cities are not spending enough on roadway capital improvements to maintain a 50 year life cycle. #B-2: Most small cities don't have a regular, annual road budget. #B-3: Small cities are heavily reliant on locally generated revenues. #B-4: On thc whole, small cities don't receive significant resources from other local units of government for "shared" projects. Policy Options: 1. Provide funding for a "Local Road Improvement Program". 2. Allocate a portion of the existing 5% special fund to cities under 5,000 population. 3. Allocate a portion of the Motor Vehicle Sales Tax revenues to a special fund for cities under 5,000 population. C. Locall C ty Street = C t es O er $,000 Findings: #C-I: Most large cities are not-spending enough on roadway capital improvements to maintain a 50 year life cycle. #C-2: The funding gap in MSA eligible cities is more severe on the locally funded roads than on the state funded MSA system. Policy Options: 1. 2. 3. 4. Provide funding for a "Local Road Improvement Program". Provide cities greater flexibility to generate revenues through special assessments. Provide cities with additional local taxing authority, including the authority to establish a "Transportation Utility". Enact legislation authorizing cities to establish "Impact Fees". D. State Funded Streets - Cities Over 5,000 Findings: #D-l: The MSA system has grown much more rapidly since its inception 40 years ago than the state owned system or the county owned system over the same timeframe, yet the funding distribution has remained the same. #D-2: Current MSA funding levels do not cover the full costs of improving these cities' MSA street systems. #D-3: MSA systems are being funded at a level that will result in a 53-year life cycle. Policy Options: 1. Increase the level of funding to the Municipal State Aid program. Section 5: Recommendations ~' This section of the report provides greater detail on the seven policy options identified in Section 4. Conclusion The state should provide assistance to cities to address their current and future funding shortfall by granting greater local revenue raising authority and by providing cities with additional tools to allow them to meet their specific needs. The sponsors of this report are also hopeful that the findings identified herein will encourage state and local pelicy makers to examine and' consider capital investment policies, such as a statewide pavement management plan, that would make the most efficient use of scarce resources as the demands on the road and bridge network increase in the future. iii HA'STINGS. POLICE DEPARTMENT MEMO TO: FROM: DATE: SUBJECT: Mayor Mike Werner and City~.,~Council Members Chief Michael McMenomy ,~'~ March 11, 2003 2003 Police Pistol Range Used by Cottage Grove Police As you hopefully will recall in 2002, the City Council approved a trial use for the Cottage Grove Police Department to utilize our Police Pistol Range during the year 2002 for a cost of $1,000. The use of the range would be for spdng and fall officer training qualification courses for Cottage Grove Police Officers as well as some mutual aid training with our department. Approximately two weeks ago, I received a letter from Chief John Mickelson Jr. of the Cottage Grove Police Department requesting our City's approval to again allow their department to utilize our pistol range facility under the same terms as previously used in the year 2002. I am not aware of any issues or problems that we received in the year 2002. I would also like to add that I have been contacted by a couple other police chiefs from other departments requesting consideration for use of our range which I have denied knowing the Council's wish to maintain a minimum amount of use for the range. Our Department, Dakota County Sheriff's Office and the Cottage Grove Department are the only Departments that have utilized the facility in the past two years. The $1,000 fee to be paid by Dakota County Sheriff's Office and Cottage Grove Police Department would then go back into the budgeted account number for the Police Pistol Range and help alleviate the costs of range upkeep and repair of equipment for the range. I have advised both Cottage Grove Police Department and Dakota County Shedff's Office of the possibility of future development occurring in the area of the range and the strong likelihood that the range use may have to be eliminated within the next two to three years, but for now I am requesting approval to maintain what had been established and followed in 2002 for the use of our Police Pistol Range. If you have any questions regarding this request, please do not hesitate to contact me. :! ' MCM/bjm POLICE DEPARTMENT MEMO TO: FROM: DATE: SUBJECT: Mayor Mike Wemer and City .Council Members Chief Michael McMenomy ~ March 12, 2003 Consent Agenda Item--Animal Control Agreement Attached please find an Animal Control Agreement between the City of Hastings and Top Dog Animal Control in regards to utilizing Top Dog to provide animal control services for the Police Department from April 2003 through December 2003. The City has utilized Top Dog Animal Control since 1998, but has basically gone under a written letter describing duties and responsibilities for their service. The written Agreement provides a documented record of the responsibilities, liabilities, and duties for Top' Dog's Animal Control Services. Myself, City Attorney, Shawn Moynihan, and Jeff Beltz, OWner/Operator of Top Dog Animal Control, have all provided input in this agreement and Mr. Beltz has.stated he has no issue with the proposed Agreement. If you have any questions, comments or concerns, please feel free to contact myself or City Attorney, Shawn Moynihan. MCM/bjm A GR EEMENT ANIMAL CONTROL SER VICES. This Agreement is made this day of ,2003 between the City of Hastings, a Minnesota Municipal Corporation ("City") and Top Dog, Inc., a Minnesota Corporation ("Top Dog"). Recitals.. A. Bo The City wishes to retain the services of Top Dog as an independent contractor to perform Animal Control Services in the City of Hastings. Top Dog is willing to perform the following responsibilities as an independent contractor an not as an employee of the City. C. The party wishes to memorialize their agreement. NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: Agreement. Term. The term of this Agreement shall be from April 1, 2003 through December 31, 2003, unless it is terminated earlier as provided by this Agreement. Independent Contractor Status. Top Dog agrees that he is an independent contractor and that it and any of Top Dog's employees shall not be considered employees of the City of Hastings. Top Dog, for itself and on behalf of its employees, agrees that Top Dog and its employees will not hold themselves out as an employees of the City while performing responsibilities under this Agreement. Since Top Dog, and its employees, are independent contractors, nothing in this agreement shall preclude Top Dog fi:om engaging in similar, related or simultaneous services for any other person or entity. 3. Responsibilities. A° Call-Out. Top Dog will provide call-out service to the City of Hastings seven days per week, 24 hours per day. Call-out will be to respond to dog ordinance violations, dog at large, barking dog complaints, dog bite complaints, maltreatment or dogs and any other dog items listed in the City of Hastings ordinance. RoutinePatral. Top Dog will provide random patrol and call out services approximately 30 hours per month, checking area parks and residential neighborhoods for unleashed dogs and dogs running at large. When performing random animal patrol duties and responsibilities, Top Dog will contact shitt supervisor via radio, going 10-8 at the start of his routine patrol and then 10-7 upon completion of Iris patrol The shift supervisor will document this information on the Shif~ Supervisor Summary Sheet. If while on routine patrol Top Dog does pick up an animal for an ordinance violation, Top Dog will contact the Hastings Police Department who will then have an officer meet with Top Dog and document via ICR this dog being picked up. Ifa resident of Hastings contacts Top Dog to come and take custody of a dog that they have possession of and have picked up, Top Dog will go and pick up the dog, and at the same time will notify Hastings Police Department to also respond and create an initial ICR documenting this call and dog impoundment. Impounded Dogs. Top Dog will be responsible for transporting impounded dogs to Shamrock Hospital located in Rosemount, IVlN, and turning the dog over to Shamrock for storage. Do Fee Collection/Dog Release. Top Dog will not be responsible for collecting fees for release of animals previously picked up and/or impounded by Top Dog in the City of Hastings. The dog owner will have to contact Hastings Police Department Personnel and pay any subsequent fees at the Hastings Police Department. Police Department Personnel will then notify Top Dog, Shamrock Animal Hospital or wherever the dog is being held at the time, that the animal may be released. o Equipment. The City will provide Top Dog with a pager and a hand held radio to be used by Top Dog in carrying out its responsibilities under this Agreement. The pager will be warn at all times by a Top Dog employee so that the City can contact Top Dog. The City will also provide three different length control poles, one pair of bite gloves and one grab pole for Top Dog's use. These items, including the radio and pager, will remain the property of the City of Hastings. Top Dog shall be responsible to provide all other equipment necessary to carry out its responsibilities under this agreement. Motor Vehicle. Top Dog shall be responsible to provide its own motor vehicle which shall be capable of safely transporting domestic animals seized by Top Dog while performing duties under this Agreement. Top Dog shall also be responsible to provide all appropriate motor vehicle insurance coverages for this vehicle. Top Dog shall provide proof of this insurance to the Chief o f Police upon request. Fees; City agrees to pay Top Dog $1,350.00 per month for Top Dog's performance of all responsibilities under this Agreement. Since Top Dog is an independent contractor, City shall not withhold or pay any of the customary payroll deductions or payroll taxes. Top Dog agrees to be responsible for all taxes, of any type, that may 10. 11. 12. be due because of the City's payment to Top Dog under this independent contractor agreement. City shall pay these fees by the 3~d week of each month. Termination. This Agreement may be terminated by either party, for any reason or no reason, by the terminating party serving written notice on the other party of such termination. This termination notice must be given at least 30 days before the termination becomes effective. Upon termination, any City owned equipment in Top Dog's possession must be returned to the City. Top Dog agrees that the final payment due under this independent contractor agreement will be payable by the City upon Top Dog returning all City owned equipment. Expenses. Top Dog agrees to be responsible for all expenses incurred by it while performing its responsibilit&s under this independent contractor agreement. Impounded Animals. All domestic animals impounded by Top Dog while performing these responsibilities under this independent contractor agreement shall be taken to Shamrock Hospital in Rosemount, Minnesota, or such other location as may be designated by the Chief of Police bom time to time. The cost of transporting the seized animals to this facility shall be paid by Top Dog. The expense of keeping the animals at this facility will be paid by the City. Top Dog agrees that the City will make the final determination as to where its impounded animals should be taken. Hold Harmless and lndemni£tcation Agreement. Top Dog acknowledges that it is an independent contractor and not an employee of the City. Top Dog agrees to hold City, its officers, dkectors and employees harmless from any claims by the Internal Revenue Service or Minnesota Department or Revenue or Top Dog itself, or any of Top Dog's employees, alleging that Top Dog is in fact an employee of the City. Top Dog agrees to indemnify the City, its directors, officers, agents and employees from any liability arising out of a claim by anyone that Top Dog or any of its employees is in fact an employee of the City. Animal control services are presently not subject to Minnesota sales tax. If during the term of this contract they become taxable, the parties agree to meet and renegotiate the fees to be paid to Top Dog. Top Dog further agrees to defend, indemnify and hold harmless the City from any and all liability for injuries or damages caused by Top Dog, or Top Dog's employees while performing these duties under this independent contractor agreement. Amendment. This independent contractor agreement can be amended only by written agreement or both parties. Entire Agreement. This Agreement constitutes the entire agreement between the parties. Dated this day of ,2003. 3 CITY OF HASTINGS, ,4 MINNESOT,4 MUNICIPAL CORPORATION (SEAL) By: Michael D. Wemer, Mayor By: Melanie Mesko Lee, Administrative Assistant/City Clerk Dated this __ day of ,2003. TOP DOG, INC., A MINNESOTA CORPORATION By:. JeffBeltz, its President THIS INSTRUMENT DRAFTED B Y: FLUEGEL & MO YNIHAN, P.A. 1303 South Frontage Road, Suite 5 Hastings, MN 55033 (651) 438-9777 (SMM) 4 CITY OF HASTINGS 101 4th Street East · Hastings, MN 55033-1955 651-437-4127 · Fax: 651-437-7082 To: Mayor and City Councilmembers From: Tom Kusant, Facilities Maintenance Re: Jauitor/al contracts March 13, 2003 The current jauitorial contracts for City Hall and the Police Station buildings expire the end of this month. I would like to recommend renewing the current contracts that the City has with Tower Cleaning Services (for City Hall) and TD's Cleaning (for the Police Station). The City is currently paying $1150.80 per month for the Police Station (tax included) and $1196.21 per month for City Hall (tax included). Both contractors have agreed to continue with the existing fees, so there will be no rote increases. ' Hastings on the Mississippi HASTINGS POLICE STATION ". .CUSTODIAL & JANITORIAL SERVICES AGREEMENT This is an agreement made between the City of Hasti~n~s, a Minnesota Municipal Corporation (City) and Darlene Ohlhauser, 16270 190 Street East, 0ndependent Contractor). It is agreed by both parties to this agreement as follows: 1.) Term: The duties, responsibilities and obligations of both parties to shall end on April 1, 2004, unless terminated earlier, as provided by this Agreement. Either party may terminate the Agreement for any, or no reason by providing to the other thirty (30) calendar days notice. 2.) Duties: During the term of this Agreement, the Independent Contractor agrees to perform all duties listed in Attachment A at the Hastings Police Station. The Independent Contractor shall be responsible for assuring that all duties are performed in a professional manner, and shall be responsible for training any of the Independent Contractor's employees approved by the City as outlined in Section 8 of this Agreement. 3.) Those duties listed on Attachment A that are referenced as "Daily" indicate that these duties must be completed five days a week, Monday through Friday. If, at any time, the Independent Contractor determines that cleaning service problems should be addressed, the Independent Contractor agrees to notify the Facilities Maintenance worker, or in his/her absence the City Administrator. Equipment: The City will prov/de the necessary equipment and supplies for the proper cleaning at the Hastings Police Station. 4.) Payment: In return for the Independent Contractor performing the duties outlined in this Agreement, the City agrees to pay Independent Contractor $1,080.50 from 4/2003 to 3/2004. 5.) Independent Contractor: Darlene Ohlhauser, and any or all of Darlene Ohlhauser's employees understand and agree that they are Independent Contractors, not City employees and are not eligible for any rights or privileges beyond those outlined in this Agreement. 6.) Insurance: The Independent Contractor agrees to provide all necessary insurance for herself/himself and any of her/his employees, and further agrees and acknowledges that the City of Hastings will not be responsible or liable for any actions of the City or Independent Contractor resulting in injury to herselt~aimself, her/his employees or any other third persons, or any such persons property. The Independent Contractor agrees to provide a copy of a Certificate of Insurance, to the City, by May 1, 2003. 7.) Entire A reement: This Agreemem sets forth the entire understanding between : all parties to llxi$ Agreement, mad nothing else is assumed or implied. 8.) Assignment: The Independent Contractor must receive prior written permission fi:om the City Administrator before any duties of this Agreement are assigned to any party. This provision shall not prevent the Independent Contractor fi:om employing 'individuals to complete the necessary duties as outlined in this Agreement, provided written permission is granted by the City Administrator prior to the duties being completed at the Police Station. This prior approval by the City is required solely because Independent Contractor's employees will be worldng near sensitive and confidential information. The City therefore needs input as to who will be working in these sensitive areas of the Police Station. Michael D Werner, Mayor Melanie Mesko Lee, City Clerk Date: Date: Darlene Ohlhauser Independent Contractor Date: Seal ATTACHMENT A Vacuuming Daily vacuuming will be performed on all high traffic common areas, i,e. hallways, stairways, copy rooms, floor mats, break areas. Weekly vacuuming to be performed on all other carpeted areas on a rotational basis to ensure that all areas are vacuumed in a one week period. This includes edges and comers with the hose attachment and spot vaeuumlng the occasional mess on an as needed basis. Trash Empty all waste baskets, garbage cans and other trash receptacles daily. Can liners will be used in trash receptacles and replaced on an as needed basis. Remove all trash fi.om the buildings to the trash dumpster. Hard Floors Hard floor common areas (i.e., entry ways, hallways) are to be cleaned daily (swept or dustmopped). Floors are to be mopped on an as needed basis (sloppy weather-daily) and a minimum of once a week. Bathrooms are ~o be thoroughly cleaned and disinfected daily. Clean and disinfect toilet bowls, sinks, wipe down mirrors, countertops, partition walls and doors. Clean and disinfect all fixtures (faucets, soap dispensers, grab bars and flush handles on toilets and urinals). Bathroom floors are to be swept and mopped daily. Once a week, thoroughly scrubbed, including baseboards and comers. Replenish toilet paper, paper towels and hand soap without leaving excess supplies in the restrooms. Break Areo~ All break areas are to be cleaned daily. Wipe down all tables, chairs, countertops and sink.~. Clean microwaves once a week. All drinking, fountains will be cleaned, disinfected and wiped with stainless steel polish daily. Spot check and thoroughly clean both sides of all interior glass, including all door glass, partition glass and opaqued windows. Office Furniture/Office Cleaning Fabric covered chairs in offices, waiting areas and meeting rooms should be vacuumed once a month. Wood furniture (i.e. desk, tables, chairs, files) will be dusted with endust only. · Desk tops will be polished, if possible due to desk top materials, on a daily basis. Wipe down the tops of computer monitors and telephones. Remove foreign matter, spills, stims, mark, gum oi residue of any nature on any surface during cleaning operations on a nightly basis. Any stains that cannot be removed shall be reported to the FaCilities Maintenance worker, -'. Repairs to the building, fixtures, c!e~nin§ equipment, etc. will be performed by the Facilities Maintenance Worker. If the cleaning staff comes across broken, damaged, inoperative equipment, fixtures or lights, please notify the Facilities Maintenance Worker by slmply placing a note in the Building Maintenance mailbox in either building.. POLICE DEPT. BUILDING Training room flg0r is to be d~tmopped and wet mopped weekly. Locker room showers are to be cleaned and disinfected on a daily basis. (Womens shower as needed). Individual offices need only be vacuumed weekly. Group offices (i.e., patrol mom, sergeants room, front office) need to be vacuumed daily. MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council members Lori A. Webster, Finance Director ~. Internal Service Fund March 12, 2003 As you may be aware the City provides limited health insurance benefits to retirees. Due to the cost, the benefit had a "sunset" date and was discontinued to all hire's after 1993. These expenditures are accounted for in the City's General Fund. These are reflected as a non-allocated expenditure and have not been charged to any specific department. The General Fund balance has also reflected a large "designation" representing the cost of this benefit for those currently retired. Accounting regulations will not allow this liability to be set up as reserve of fund balance - which would remove it from the spotlight of the State Auditor reports. The only option is to transfer the funds all together and create an Internal Service Fund. Many cities currently account for similar items, employee leave, retirement, self insurance, etc.. in this manner. I would recommend that the city transfer funds in the amount of $1,425,838 to establish Retiree Health - Internal Service Fund as of December 31, 2002. We will then begin a funding mechanism for this fund - which will eventually expire due to the sunset of the benefit. As always, should you have any questions on this information, please feel free to contact me. Council Action Requested Authorize the above transfer from the General Fund, thus establishing a Retiree Health Internal Service Fund effective 12/31/02. MEMO TO: FROM: DATE: SUBJECT: Mayor and City Council Members Stephanie Nornes, IT Director March 14th, 2003 Request for partial payment - Venture Computer Systems Venture Computer Systems is requesting partial payment at this time for the total completed and stored to date on the wide area voice and data network project in the amount of $95,560.02. This will represent the second partial payment, for a total of $162,998.09, leaving a balance of $14,057 of the original contract amount (not including interim chant e orders). IN TI IJgTION HliliiT FOR AIA DOCUMENT G702 · -,.GENERAL INFORMATION , .~ I ? ( AIA Document G702, Application and Certificate for Payment, is t~ b~'iu~d In conjunction with MA Document G703, Continuation Sheet. These documents are designed to be used on a Project wher~ a Contractor ha~ a[direct Agreement with the Owner. Procedures for their use are covered. 2. Uae of Current Documents ' , ;:' ~ i 3. Limited License for Reproduction * '.. B. COMPLETING TIlE G702 FORM: CONTRACTOR'S APPLICATION FOR PAYMENT I. ORIGINAL CONTRACT SUM .................. 6, TOTAL EARNED LESS RETAtNAGE ............ I 8. cuRnEI~r PAYMENT cee ................. [ s I ~,,p~. ~;~ I MAKING PAYMENT ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with thc Conlmct Doc~mcnc~, ~ on on-slle observations and the data AMOUNT C~RTIFIED ............................... $ The Owner should make payment directly to the Contractor based on the amount certified by the Architect on AIA Document G702, Application and Certificate for Payment. The completed form contaln~ the name and address of the Contractor. Payment shoulc~ not be made to any other party unless specifically indicated on G702. EXECUTION OF THE DOCUMENT ~ Each pm.'son executing the Agreement should indicate the capacity in which they are acting (Lc., president, sect etax3,, partner, etc0 and the author- ity under which they are executing the Agreement. Where appropriate, a cop}, of the resolution authorizing the individual to act on behalf of the flm~ or entity should be attached. 8/92 :3: rtl m FOR AL& DOCUMENT 6703 ~7 "~,ENERAL INFORMATION I. Purpose and Related Documents - AIA Dtx'umcnt G702, Application and Certificate for Payment, is to be used in conjunction with/dA Document G703, Continuation Sheet. These documents are designed for use on Projeclz where tbe Contractor has a direct Agreement with the Owner. Proc-educes for their use ace coveted in &IA Document A201, Gene,-al Conditions of the Contract for Construction, 1987 Edition. 2. Use of Current Documents 3. Limited License for Reproduction AIA Document G703 is a copyrighted work and ma}, not be repn)duced or excerpted front in substantial part without the express written petroLs- sion of the AIA. The document is intended to be used as a consumable--that is, the original (kx:ument purchazed by the user is Intended to be Institute of Architects confer any further rights to rep~duce G703. A limited l/tense is hereby granted to retail purchasers to reproduce a maxi- B. COMPLETING THE G703 FORM: - C01umns A, a =,.. u m,u ,hi try s o n t co tc~`'t`:Thc`s¢¢~i~mns.s~.~uidL~c~:``~t¢dbyiden~i~i~,.gthevad~u~p~rti~n.~I~t~?c~i~ctandbeirscbedul¢dvak~es~nsis-m 8/92 Memo To: From: Date: Subject: REQUEST Mayor Werner and City Council John Hinzman, Planning Director March 17, 2003 Public Hearing - Vacation of Right of Way and #2003-14 (21st Street East) - Jeff Langenfeld (Bumper to Bumper Auto Parts) The City Council is asked to hold a public hearing to vacate a 2.5 foot strip of right-of-way along 21st Street to eliminate the encroachment of an existing building, and proposed addition. First reading of the request was considered at the March 3, 2003 City Council Meeting. BACKGROUND The existing Bumper to Bumper Auto Parts at 2007 Vermillion Street encroaches approximately 0.5 feet into the 21st Street right-of-way. The proposed addition is parallel to the existing building and does not encroach any further into the right-of-way. An application for Site Plan Review for the addition has been submitted in conjunction with the request. ATTACHMENTS · Resolution · Location Map · Vacation Exhibit · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING A PORTION OF THE FIRST STREET (ALSO KNOWN AS 21sT STREET) RIGHT-OF-WAY OF TOWN OF VERMILLION Council member moved its adoption: introduced the following Resolution and WHEREAS, JeffLangenfeld, has petitioned for the vacation of a portion of First Street (also known as 21st Street) adjacent to 2007 Vermillion Street, legally described as follows: That part of First Street (now known as 2fft Street) as platted in the TOWN OF VERMILLION, on file and of record in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at a point on the west line of said Lot I, Block 1, of said TOWN OF VERMILLION, which point is 90feet northwest of the southwest corner of said Lot I; thence parallel to the south line of said Lot I, a distance of l93 feet; thence northwest on a line parallel to the west line of said Lot I, to the north line of Lot 1; thence in a westerly direction along the north line of Lot 1, a distanced of 49.32 feet to the point of beginning of that part of 2Ist Street to be vacated; thence deflect 45 degrees to the right, a distance of 3.54feet; thence deflect 45 degrees to the left, a distance of SO. I 6 feet; thence deflect 45 degrees to the left, a distance of 3.54 feet to the north line of said Lot 1; thence easterly, along the north line of saM Lot 1, a distance of 55.26 feet to the point of beginning. WHEREAS, On March 17, 2003, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate the above described right-of-way of 21st Street is hereby approved as presented effective of this date. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk· Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present Nays: Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a tme and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 17th day of March, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Administrative Assistant/City Clerk This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 (SeAI0 s~ ~o oooeeeoeej i !IA /' LAND USE APPLICATION CITY OF HASTINGS 101 4th Street Bast, Has~ings, iV~ 55033 Phone (6ol)4o7.412 / Fax (651)427.7082 Address of Property Involved: LegalDescr/ptionofPropertyInvolved: -~OPf/ 0 Y V,~fY~/-///'Dr~,. o~e ./.-fl -/- / ; ,.,F/,~ / £,~>-,~.- m/ Applicant: Name Address Phone Owner (If different fi:om Applicant): .Name Address Official Use Only I~ate Reo'd File No. Fee Paid Kec'd by ~,. ,. Ordirfance # Section Phone' Request: SPecial Use: Rezone: Subdivigion: Comp Plan Amend: Vacation: Site Plan: Other: Varimace: X TOTAL: di17~oo Description of Request (~clude site plan, survey, and/or plat if applicable): ,,'~i~tur e of App~cant/ Date Signature of Owner Date Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director March t7, 2003 2nd Reading - Vacation of Right of Way and #2003-14 (21st Street East)- Jeff Langenfeld (Bumper to Bumper Auto Pads) Please see Public Hearing Staff Report for further information. Memo V IH- B-2 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: March 17, 2003 Subject: Langenfeld, Jeff (Bumper to Bumper Auto) - Shomland Variance and Site Plan Review #2003-06 to vary from ROW setback to construct a 1,981 s.f. addition to the rear of the existing Bumper to Bumper Auto Parts - 2007 Vermillion Street. REQUEST Jeff Langenfeld, owner of the Bumper to Bumper Auto Parts building at 2007 Vermillion Street requests approval of the following actions: 1) Variance to Section 16.05, Subd. 2.1 B(4)- Shoreland Management Ordinance to construct an addition onto an existing building encroaching into the 20 foot setback from right-of-way (21 st Street East). 2) Site Plan Approval to construct a 1,981 square foot addition onto the rear of the existing building. RECOMMENDATION The Planning Commission unanimously voted to recommend approval of the variance and site plan at the Mamh 10, 2003 meeting. During the public hearing a member of the Masonic Lodge had concerns about access to neighboring properties along the rear of the building, and snow storage. The Site Plan would not affect access to neighboring buildings. ATTACHMENTS · Resolution ~ Variance · Resolution ~ site Plan · Location Map · Site Plan · Amhitectural Elevations · Application BACKGROUNDINFORMATION Comprehensive Plan Classification The property is identified as C, Commercial in the use 2020 Comprehensive Plan. The proposed use conforms to the designation. Zoning Classification The subject property is zoned C-3, Community Regional Commerce. establishments are identified as a permitted use. Retail and service Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning 21st Street East Vermillion Falls Park Sprint Telephone The Bar & Bottle Shop Vermillion Street Applebee's Restaurant North East South West Comp Plan A - Agriculture C-3 - Comm Reg Comm C-3 - Comm Reg Comm P - Public C-Commerdal C-Commercial C-3 - Comm Reg Comm C-Commemial Existing Condition The existing building was constructed in 1969. The remaining site is paved bituminous with little open space. VARIANCE REVIEW Shoreland Management Regulations The site is within 300 feet of the Vermillion River and subject to Shoreland Management rules as regulated in Chapter 16 of the city code. All variances require a public hearing, and notification of the Department of Natural Resources for comment. The Planning Commission serves as the Board of Adjustments in review of variances. Shoreland Variance Criteria Section 16.03, Subd. 2. outlines the procedures for granting variances as follows: A variance may not circumvent the general purposes and intent of this ordinance. No variance may be granted that would allow any use that is prohibited in the zoning distdct in which the subject property is located. Conditions may be imposed in the granting of a variance to ensure compliance and to protect adjacent properties and the public interest. In considering a variance request, the board of adjustment must also consider whether the property owner has reasonable use of Jeff Langenfeld - Variance and Site Plan Bumper to Bumper Auto - 2007 Vermillion Street City Council Memo - March 17, 2003 Page 3 the land without the variance, whether the property is used seasonally or year- round, whether the variance is being requested solely on the basis of economic considerations, and the characteristics of development on adjacent properties. Department of Natural Resources The Department of Natural Resources has been notified and has no comment on the variance as .requested. VARIANCE RECOMMENDATION Approval of the variance is recommended. The existing building was constructed prior to the adoption of Shoreland Regulations, and the building addition will not encroach any further into the right-of-way setback. There is approximately 20 feet between the street and the building. The existing bituminous surface between the building and the street will be removed and landscaped to provide a more natural area. Reducing the amount of impervious surface on the site is consistent with the Shoreland Ordinance. SITE PLAN REVIEW Zoning Setbacks Zoning Setbacks in the C-3 District are not specified. The proposed addition will not encroach any further into the rear or side yard setbacks, and is approximately 26 feet from the rear property line. Vacation of Right-of-Way The existing building and proposed addition encroach 0.5 feet into the 21st Street right-of- wa~. The City Council has considered first reading and will hold a public headng on March 17"' to review the vacation of approximately 2.0 feet of right-of-way to eliminate the encroachment. Access and Circulation Access and circulation would be improved. The existing curb cut along 21 st Street adjacent st to the building will be removed, and the 21 Street entrance nearest to Vermillion to will be reconfigured to better align with the existing parking lot. The existing entrance to Vermillion Street is shared with The Bar, and would not be altered. An entrance and curbing will be added to the rear parking lot to better define the entrance (there is not separation between the parking lot and street at present). The following change should be made: 1) The parking stall adjacent to the northwest corner of the building must be reconfigured to align with the remaining stalls along the building front. The existing proposal shows a deeper stall wrapping around the building. Jeff Langenfeld - Variance and Site Plan Bumper to Bumper Auto - 2007 Vermillion Street City Council Memo - March 17, 2003 Page 4 Off-Street Loading A 300 square foot designated off street loading area has been designated atthe southwest corner of the building to meet minimum requirements. Parking The Site exceeds minimum parking requirements. Parking is provided as follows: Site Required Spaces Proposed Spaces Retail ~ 1,400 s.f. 7 (1:200 s.f.) Warehouse.-4,588 s.f. 5 (1:1000 s.f.) Employees - 4 TOTAL BUILDING 16 22 Because customer access is limited to only a portion of the building, parking calculations for retail and warehouse space are figured separately. All parking improvements must conform to city standards including bituminous surfacing and concrete curb and gutter. Pedestrian Access Pedestrian access is adequate. A sidewalk presently exists adjacent to Vermillion Street. Architectural Elevations The addition would match the existing exterior of the building. Materials would consist of painted concrete block incorporating a blue strip and burgundy flashing along the roof line. No changes are proposed to the exterior of the existing building. Any rooftop equipment must be completely screened from the front elevation, any part of the roof top equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. Trash and Recycling Enclosure A trash and recycling enclosure is proposed adjacent to the northwest comer of the building. The building would be fully enclosed, with exterior materials to match the building. The following modification is needed: 1) Relocate the trash and recycling enclosure to eliminate encroachment into the 21st Street right-of-way. The existing location is within the right-of-way, and is located closer to the roadway, than the main building. Landscape Plan The applicant proposes to reduce the amount of impervious surface on site by removing st portions of the bituminous parking lot along Vermillion Street and 21 Street. Presently, there is no green space between the parking lot and the roadway. The 21 st Street frontage Jeff Langenfeld - Variance and Site Plan , Burll~per to Bumper Auto - 2007 Vermillion Street City Council Memo- March 17, 2003 Page 5 would be sodded and incorporate shrub planting beds. Sod would replace bituminous along the Vermillion Street sides. The owner also proposes to add ornamental flower pots along the building. The following additions are needed to comply with minimum requirements: 1) Boulevard trees must be planted at spacings of no less than 50 feet along the Vermillion Street and 21st Street right-of-way. Boulevard trees must be deciduous and at least 2.0 caliper inches at planting. 2) The existing bituminous surface between the parking lot and the roadway of 21st Street and Vermillion must be removed, and sodded. 3) All landscaping and planting species, sizes, and method of installation shall be identified. Lighting Plan Two wall pack lights would be added to the back of the building. Photometric specifications have been submitted to indicate the footcandle illumination will not exceed maximum requirements. Signage No new signage is proposed. Fencing and Walls No new fencing or walls are proposed. Building Department Review The Building Department has conducted an initial review of the plan and has the following comment: 1) Additional building openings may be necessary to meet minimum code requirements if the building is not sprinkelered. Grading and Utility Plans The applicant has met with the Public Works Director, and must obtain formal approval for any necessary grading and utility plans by the Public Works Director as a condition of approval. Minnesota DOT Review The Minnesota Department of Transportation has reviewed the plans and has the following comment: Jeff Langenfeld -Variance and Site Plan Bumper'to Bumper Auto - 2007 Vermillion Street City Council Memo - Mar~h 17, 2003 Page 6 1 The curb and sidewalk work along TH 61 will be within Mn/DOT right-of-way. Any use of or work within Mn/DOT right of way required a permit. SITE PLAN RECOMMENDATION Approval of the Site Plan is recommended, subject to the conditions of the attached resolution. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SHORELAND MANAGEMENT ORDINANCE VARIANCE FOR 2007 VERMILLION STREET, HASTINGS, MINNESOTA Council member moved its adoption: introduced the following Resolution and WltEREAS, JeffLangenfeld, owner of 2007 Vermillion Street has initiated consideration of a variance request to Section 16.05, Subd. 2.1 B(4) - Shoreland Management Ordinance to construct an addition onto an existing building encroaching into the 20 foot setback from right-of-way (21st Street East) legally described as follows: All that part of Lot 1, Block 1, TOWN OF VERMILLION, on file and of record in the office of the County Recorder, Dakota County, Minnesota, described as follows: Commencing at a point on the west line of said Lot 1, Block 1, which point is 90 feet northwest of the southwest comer of said Lot 1; thence East and parallel to the south line of said Lot 1, a distance of 193 feet; thence northwest on a line parallel to the west line of said Lot I, to the north line of Lot 1; thence in a westerly direction along the north line of Lot 1 to the west line of said Lot 1; thence south along the west line of said Lot 1, a distance of 157 feet, more or less, to the point of beginning, Except that portion taken for U.S. Highway No. 61, per document No. 559583. Containing 15,534 s.f. more or less. WItEREAS, a copy of the proposed variance request has been forwarded to the Minnesota Department of Natural Resources; and WltEREAS, The Department of Natural Resources has stated they have no comment on the variance request; and WHEREAS, on March 10, 2003, a public hearing was held by the Planning Commission of the City of Hastings to consider the variance request, and is forwarded to the City Council with a recommendation for approval; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the above variance request is hereby approved based on the following findings of fact: The existing building was constructed prior to the adoption of the Shoreland Management Ordinance, and the proposed addition does not encroach any further into the required setback, presenting a unique situation, not created by the property owner. BE IT FURTHER RESOLVED, that approval is subject to thc following: 1. Recommendation by the Minnesota' Department of Natural Resources, and fulfillment of notification requirements of Section 16.03, Subd. 2.2 of the City Code 2. A copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on March 17, 2003 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk (City Seal) I HEREBY CERTIFY that the above is a tree and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 17th day of March, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, Administrative Assistant/City Clerk (SSA ) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO.. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF JEFF LANGENFELD TO CONSTRUCT AN ADDITION TO THE EXISTING BUMPER TO BUMPER AUTO PARTS BUILDING LOCATED AT 2007 VERMILLION STREET, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, JeffLangenfeld, owner of 2007 Vermillion Street has petitioned for approval to construct a 2,000 square foot addition onto the existing Bumper to Bumper Auto Parts Store located at 2007 Vermillion Street, legally described as follows: All that part of Lot 1, Block 1, TOWN OF VERMILLION, on file and of record in the office of the CotmtyReenrder, Dakota Cotmty, Minnesota, described as follows: Commencing at a point on the west line of said Lot 1, Block 1, which point is 90 feet northwest of the southwest comer of said Lot 1; thence East and parallel to the south line of said Lot 1, a distance of 193 feet; thence northwest on a line parallel to the west line of said Lot 1, to the north line of Lot 1; thence in a westerly direction along the north line of Lot 1 to the west line of said Lot 1; thence south along the west line of said LOt 1, a distance of 157 feet, more or less, to the point of beginning, Except that portion taken for U.S. Highway No. 61, per document No. 559583. Containing 15,534 s.f. more or less. WHEREAS, on March 10, 2003, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance. The Planning Commission unanimously recommends approval of the request; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council h~reby approves the site plan request of Jeff Langenfeld to construct a 2,000 square foot subject to the following conditions: 1) The parking stall adjacent to the northwest comer of the building must be reconfigured to align with the remaining stalls along the building front. 2) Relocate the trash and recycling enclosure to eliminate encroachment into the 21st Street right-of-way. 3) Boulevard trees must be planted at spacings of no less than 50 feet along Vermillion Street and 21 st Street fight-of-ways. 4) The existing bituminous surface between the parking lot and the roadway of 21 st Street and Vermillion must be removed, and sodded. 5) All landscaping and planting species, sizes, and method of installation shall be identified. 6) Adherence to Minnesota Department of Transportation comments or requirements. Any use of or work within Mn/DOT right of way required a permit. All new parking and drive aisle areas shall be constructed to City standards including bituminous surfacing and concrete curb and gutter. 8) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 9) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. lO) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. ll) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 12) Any rooftop equipment must be completely screened from the front elevation, any part of the roof top equipment that is visible from any other elevation must be painted to match the building on which the equipment sits. 13) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 14) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Council member vote adopted by present. moved a second to this resolution and upon being put to a Ayes: __ Nays: __ Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 174 day of March, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 (Sg ,L) LAND USE APPLICATION CITY OF HASTINGS I01 4th Street East, Hastings, ivlN 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: Legal Descr/ption of Property I~voNed: Applicant: Name Address Phone Owner (If different from Apphcant): ,Name Address. Offici~ Use ONy / Date Rec'd File N& Fee Paid Rec'd by Ordinance # Section Phone Request: ~pecial Use: Kezone: Subdi,ri§ion: Comp Plan Amend: Vacation: Site plan: ~,~, Other: Variance: ..~' TOTAL: Description of Request (include site plan, survey, andJor.~lat if appl/cable): ,. ~i~ature of/~pplicant Date Signature of Owner Date VIH-B-3 Pontzer & Johnson Variance Request- 613 6th St W City Council Memo - March 17, 2003 Page I Memo To.' Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: March 17, 2003 Subject: Pamela Pontzer and Mitchell Johnson - Variance #2003-21 to vary from minimum side yard setback requirements and maximum sidewall height requirements to construct a garage at 613 6th Street West REQUEST Pamela Pontzer and Mitchell Johnson seek approval of a variance to the minimum side yard setback requirement of 5 feet in order to construct an 18' wide by 39' 8" lone eara~]e on the east side of 613 6 Street West. The proposed garage would replace the existing garage in the same location. The second variance is to the maximum sidewall height requirement. Current city code states that the maximum sidewall height for detached garages is 10', The applicant is asking for a variance of 2', in order to build 12' walls. The applicants have submitted letters explaining their request and the reasons they feel the variances should be granted. The letters are attached. The applicants also submitted many pictures taken of the site. These will be available for your review at the meeting. The Planning Commission reviewed this item at the Mamh 10, 2003 meeting. That portion of the meeting minutes is attached. The Planning Commission discussed this item in depth and ultimately recommended both variances for approval. The setback variance was approved with a 6-1 vote and the sidewall height variance was recommended unanimously. Staff is recommending denial of both variances. The proposed garage would be located on the property line, and the proposed design (with second story storage) is not permitted per the building code. Pontzer & Johnson Variance Request - 613 6th St W City Council Memo - March 17, 2003 Page 2 BACKGROUNDINFORMATION 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. Detached garages are a permitted use in the R-2 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoninq Comp Plan North 6m Street- Single Family Home R-2 - Medium Res. U-I- Urb Res. East Single Family Home R-2 - Medium Res. U-I - Urb Res. South Single Family Home R-2 - Medium Res. U-I - Urb Res, West Single Family Home R-2 - Medium Res. U-I - Urb Res. Existing Condition The existing site has a single family home built in 1922 with a small detached garage. There is also an extensive garden and landscaping in the rear yard (information attached.) The existing garage is 14' wide by 18' deep. There is 8 ~ feet between the existing garage and deck on the rear of the home. Proposed Condition The applicants ara proposing to rebuild the garage at the property line and widen-the structure to 18' wide and lengthen it to 39' 8". The rear of the garage would be in the same place, and the new garage would extend toward the front of the lot. This would leave 4 ~ feet between the new garage and the existing house. The roofline and dormers proposed for the garage ara designed to match and compliment the existing home. The garage would also have a stucco finish to match the home's finish. Neighbor Notification Letters were mailed to the neighbors on March 11~. At this time, no comments have been received by the Planning Department. The applicants submitted a letter from the neighbor to the east at 603 6th Street West, Pat Wagner. Mr. Wagner states in the letter that he and his wife have no opposition to reconstruction of the garage and it's placement on the property line. Pontzer & Johnson Variance Request - 613 6th St W City Council Memo - March 17, 2003 Page 3 Building Code Staff has discussed the variance request with Building Official Bill Mesares. It is his determination, based on the elevation drawing of the proposed garage, that the structure would be defined as a 2 story structure. Under the 1997 UBC, detached garages are limited to 1 story. It was based on this definition that Staff recommended denial of the variance. As for the side yard setback variance, the Building Code states that the eaves on a structure may not extend more than one-third of the way into the setback; For instance, if a structure has 12" eaves, there must be a minimum 3' setback from the property line. If the proposed garage were to be rebuilt in the same place as the existing garage - right at the property line - the eaves would extend over the property line. VARIANCE REVIEW Non Conforming Use The existing garage is termed a lawfully existing, non-conforming use. The garage was constructed before inaction of the zoning ordinance and establishment of minimum setback requirements. By removing the garage and rebuilding, the code requires that the structure meet all code and setback requirements. While the current neighbor to the east is not opposed of the garage's placement on the property line, future residents may not be as agreeable. If the garage is built on the property line, this leaves no reom for the aPplicants to legally access the east side of the garage, both for construction and maintenance. Minimum Setback Requirements Minimum setback requirements for the R-2 District are: Area Setback Front 20' Side 5' Rear 5' Review Criteria The following criteria have been used as findings of fact in granting variances to zoning provisions: Ao 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. Pontzer & Johnson Variance Request - 613 6th St W City Council Memo- March 17, 2003 Page 4 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. That the special conditions and circumstances do not result from actions of the applicant. That granting the vadance 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. RECOMMENDED ACTION Planning Commission Recommendation: Motion to approve a 2 foot variance to.the maximum sidewall height for accessory structures at 613 6~ Street, based on the following findings of fact: 1. The design of the garage conforms to the historic character and architecture of the house. 2. That literal interpretation of the code would deprive the applicant of rights commonly enjoyed by others. 3. Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. Motion to approve a 5 foot variance to the minimum side yard setback requirement for accessory structures, based on the following findings of fact: 1. The existing structure is located on the line currently. 2. The construction of a new garage will improve the overall appearance of the property. 3. That literal interpretation of the code would deprive the applicant of rights commonly enjoyed by others. 4. 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. Staff Recommendation: Motion to recommend denial of the variance request to sidewall height for 613 6th Street West to the City Council, based on the following findings of fact: Pontzer & Johnson Variance Request - 613 6th St W City Council Memo- March 17, 2003 Page R 1) The proposed garage design is not permitted under the 1997 U,BC adopted by the Motion to recommend denial of the variance request to the minimum sideyard setback requirement of 5 feet for 613 6th Street West to the City Council, based on the following finding of fact: 1) If the structure is built on the property line, the eaves would extend across a property line, which is not permitted by the 1997 Uniform Building Code. 2) The placement of a structure at a property line does not allow for adequate means to construct and maintain the building from all sides. ATTACHMENTS * Location Map · Site Plan, Existing and Proposed · Application · Letters from Applicants · Letter from Neighbor · Gardens information SITE MAP 2002 EBTIMA'J~D MARKET VALUES (PAYABLE 2003) .SCHOOL DISTRICT: 200 0.25 ACRES LOCATION: SW114NEl14SECTION28-115'17 2002 BUILDING INFORMATION (PAYABLE 2003): TYpE S.FAM.RES yEaR BUILT 1922 ARCH/STYLE T~VO+ STORY --1 PLAT NAME: ADDITION NO 13 TAX DESCRIET~ON: LOT 3 BLK 41 EX W eO ET OF 441 0 IPONTZER=JONN$ON RESIDENCE m 0 /I ' .~l~- ~ ' '~ I I PONTZE~,-JOHNSON t~ESIOENCE PONTZER-JOHNSON R~SIDENG'E LAN-D USE APPLICATION CITY OF HASTLN-GS 101 4th Street East, Hastings, ivlN 55033 Phone (651)437.4127 Fax (651)427.7082 Address ofPropertylnvolved: /~/2:~ I,~/. ~7]-/ ~ Legal Description of Property Involved: Address ~,/~ Id. ~ ~ Phone (~-~-/_) ~57- ~ Owner (Ii'different from Applicant): Name Address.. Phone Official Use Onlgy//~/0 Date Rec'd ~ File No. ~X~- Z[ Fee Paid ~. ~ Rec'd by ~J- / ~ Ordinance # lO.Z/:> Section Request: \/'/}~t~dt~ ~'t~m 5 ~ -~'/-.T-d,~e~ Special Use: Rezone: ~ ~ff~ ~ ~ Sub~viginn: Comp PI~ ~end: ~- ~¢~/~ '~/Z~acafion: Site PI~: O~er: V~ce: :~'~5,~ TOT~: Des~cfiption of Request (include. site plan, survey, and/or plat if applicable): / ....... ~ i.'si~,~:~o~, ""' Signature of Owner Date ATTACHMENT TO LAND USE APPLICATION SUBMITTED BY ,~,' ~ PAMELA A. PONTZER AND MITCHELL L. JOHNSON ~ ~ Date: To: From: February 7,2003 Hastings City Planning Department Hastings City Planning Commission Hastings City Council Pamela A. Pontzer and Mitchell L. Johnson, Property Owners Request for 5-Foot Variance for Garage Construction Property Location: 613 W. 6th Street Hastings, MN 55033 Ladies and Gentlemen: We moved into this property in September 1998. Our search criteria included an older stucco two story house with a small backyard. At the time, our children were 4 months and 19 months old. The garage was a point of discussion for us because of its extremely small size. However, we decided that we would enlarge it when the children were older. At the time of purchase we did not realize the garage was on the lot line. This is not a defense of our oversight, but simply a fact about our lives at the time i.e., small children combined with buying a house. The long narrow driveway also runs along the lot line. (See photo 3). The garage owned by our neighbors, Pat and Jean Wagner, lies to the east of the driveway. (See photo 4). We have discussed our plans with them. They have no issues with our enlarging our garage (See Exhibit 1). We have explored the following three (3) options for constructing the garage: Option 1: Adhere to the five (5) Foot Setback. Photo 1 shows where the 5-foot setback roaches on our garage. Photo 2 show the 8-1/2 foot distance that exists between the garage and the deck. Keeping the garage at its current 14-foot width would provide us only 3-1/2 feet of space between the house and garage and no net gain on the width. We are hoping to get an 18-foot width with 4-1/2 feet between the garage and the house. As an aside, we discussed attaching the garage to the house but decided that a detached 1 and ½ story 'carriage house" would fit the era and style of the house more appropriately while still addressing our space needs. The house was constructed in 1922. February 7, 2003 Page 2 Option 2: Move the garage into the baclcvard. The only way to accommodate the garage in the backyard would be to angle it due limited space tu~d the lot line issue. See Photos 5, 6, and 7. The driveway would need to be configured with a bend to accommodate the deck. This would mean backing out of the garage around a bend. With small children and their friends we need to be able to see directly behind us. A circumstance unique to our backyard is landscaped perennial gardens put in by the previous owner. They are beautiful and worth thousands of dollars. Please see notes and drawings of the gardens as submitted to us upon purchasing the home. Finally, because we have children we value the small space provided in the backyard for their use. This house would be undesirable to many families with children if there was no yard. Option 3: Add on to the current garage rather than rebuilding it. For storage purposes the new garage would be a 1½ story. Our builder informed us that the current garage walls could not structurally support the new ½ story due to the additional weight. Our current garage is on a floating foundation. Our builder highly recommends that we use frost footing to keep the garage from shifting. He informed us that modem building practiced dictate frost footing. Thank you for considering our situation. We hope to maintain the look, beauty, and functionality of this property both for ourselves and future owners. ~r ATTACHMENT TO LAND USE APPLICATION SUBMITTED BY PAMELA A. PONTZER AND MITCHELL L. JOHNSON Date: February 7,2003 To: From: Hastings City Planning Department Hastings City Planning Commission Hastings City Council Pamela A. Pontzer and Mitchell L. Johnson, Property Owners Request for 2-Foot Variance for Garage Sidewall Construction Property Location: 613 W. 6th Street Hastings, MN 55033 Ladies and Gentlemen: We moved into this property in September 1998. Our search criteria included an older stucco two story house with a small backyard. At the time, our children were 4 months and 19 months old. The garage was a point of discussion for us because of its extremely small size. However, we decided that we would enlarge it when the children were older. At the time of purchase we did not realize the garage was on the lot line. This is not a defense of our oversight, but simply a fact about our lives at the time i.e., small children combined with buying a house. We discussed attaching the garage to the house but decided that a detached 1 and ~/2 story "carriage house" would fit the era and style of the house more appropriately while still addressing our space needs. The house was constructed in 1922. The roof style of the house is known as a hip roof. The four sides slant down rapidly. The third story of the house has dormers on the front and back, which provide a walking space through the middle of the room. Please see attached photos 1, 2, 3, 4 and 5. As the plans for our garage show, the first floor would be 8 feet high, while the ½ story above would be 4 feet high. Because we are trying to match the look of the house, we would put a hip roof with front and back dormers on the garage. A four-foot wall on the second story would provide us with space to walk down the middle of the room while keeping the hip roof style. With only two feet to work with on the second floor, the roof would have to slant up much more rapidly than that of the house. Page 2 February 7, 2003 Thank you for considering our situation. We hope to maintain the look, beauty, and functionality of this property both for ourselves and future owners. Pamela A.~....ontzer 2-3-03 To Whom it May Concern, We have no issues with para and Mitch Johnson's request to improvedremodel/extend their garage. We also understand that this improvement will place their garage in close proximity to our existing garage and will in fact be placed on or near our common western property line (their eastern property line). We understand that the existing garage structure is currently on the property line. Since our garage borders this line the proposed improvement will remain invisible to us for all intents and purposes. Pat and Jean Wagner 603 W 6th St. Hastings, MN 55033 438-2611 2-3 0 VIII-B-4 Tech-1 Automotive Special Use Permit City Council Memo -- March 17, 2003 Page 1 Memo To.' Mayor Werner and City Council From: Kris Jenson Associate Planner Date: March 17, 2003 Subject: Special Use Permit #2003-13 - Retail and Service establishment in the I-1, Industrial Park District-Tech-I Automotive - 671A East 31 st Street REQUEST Rick King is seeking Special Use Permit approval to operate retail and service establishment in the I-1, Industrial Park Zoning District. Tech-1 Automotive would use 4,400 square feet of the building currently being constructed by C& A Properties at 671A East 31s~ Street. No exterior building or site modifications are proposed. Approval of the special use permit is recommended subject to the attached conditions. BACKGROUNDINFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The subject property is classified I, Industrial. Zoning Classification The subject property is zoned I~1, Industrial Park. Retail and service establishments are an allowable special use in the district. Adjacent Zoning and Land Use The following land uses abut the property: Direction ExistinR Use Zonin.q Comp Plan North Industrial Industrial I-1 Industrial East Industrial Industrial I-1 Industrial South Residential R-3 MHDR U-II Urban Res. West Industrial Industrial I-1 Industrial Tech-1 Automotive Special Use Permit City Council Memo- March 17, 2003 Page 2 Existing Condition The existing site plan was approved last fall and the building is currently under construction. SPECIAL USE PERMIT REVIEW Operations The applicant proposes to operate an automobile repair facility. General 'automotive work would be performed. Nine interior service bays would be constructed. Parking and Circulation A total of 39 available spaces are available on the site. According to the parking ordinance, two spaces are required for each service stall as well as 1 space for every 200 square feet of gross building area. This would amount to a requirement of 40 spaces. Staff is recommending that 21 spaces be set aside, based on two spaces per repair bay (9 bays = 18 parking spaces) plus 1 space per 200 feet of service/non-shop use (592 square feet = 3 parking spaces). Staff's rationale for recommending less than the parking code requires is that there are also 9 parking spaces within the building (the service bays), and that counting spaces by the number of stalls as Well as gross building size is essentially double-counting that large space. Two of the conditions of approval are that inoperable vehicles may not be stored outside, and that unlicensed, unregistered, inoperable, or damaged vehicles cannot be stored outside overnight. These conditions are the same that have been added to other auto service businesses requesting SUP's in the past. Parking - Remainder of the Site Although adequate parking is available to accommodate the proposed use it will reduce the amount available for other uses on the site. Any additional office or retail use may not have adequate parking. PLANNING COMMISSION ACTION The Planning Commission held a public hearing on March 10th, 2003. No comments were received from the public. The Commission discussed the parking issue briefly before unanimously recommending approval of the special use permit. RECOMMENDED ACTION Approval of the attached resolution is recommended. Tech-1 Automotive Special Use Permit City Council Memo - March 17, 2003 Page 3 ATrACHMENTS · Location Map · Site Plan · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SPECIAL USE PERMIT TO ALLOW A RETAIL/SERVICE ESTABLISHMENT IN THE I-1 INDUSTRIAL PARK DISTRICT AT 671A 31sT STREET EAST, HASTINGS, MN Council member Resolution and moved its adoption: introduced the following WHEREAS, the Hastings City Council has initiated consideration of a Special Use Permit to allow a retail/service establishment in the I-1 Industrial Park District at 671A 31st Street East, WHEREAS, on March 10, 2003, a Public Hearing on this proposed special use permit was held before the Planning Commission of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That a special use permit to operate a retail/service establishment is hereby granted, subject to the following conditions: Hazardous Waste Generators License must be obtained from Dakota County prior to certificate of occupancy may be granted. 2. Outside storage of inoperable vehicles or automotive parts shall be prohibited. No unlicensed, unregistered, inoperable or damaged vehicles shall be stored outside overnight. All work to be per[ormed on motor vehicles shall be conducted inside the building. 5. Adherence to Industrial Park Appearance Standards. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member moved a second to this resolution and upon being put to a vote adopted by present. ~_~.~? Ayes: __ Nays: __ Absent: A'FDEST: Melanie Mesko Lee Administrative Assistant/City Clerk Michael D. Wemer, Mayor I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 17th day of March, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 (SEAL) 0r-- 0 ~ 2:I?PM OFFICE L~AS~ 1 LA~NrD USE APPLICATION CITY OF HASTINGS 101 4th Street East, Hastings, MN 55033 Phone (651)437.4127 Fax (651)427.7082 AddressofProper~Involved: 671 East 31st Street, Suite A Legal Description of Property Involved: Applicant: Name Tech-1 Automotive/ Rick King Address 2127 Verfaillion St. Hastings, Mn 55033 Phone (651) 480-1716 Owner (If different 15om Applicant): .Name C & ~hProperties, Inc. Address .3550 Vermillion ST. Phone Official Use Onl.~ Date Rec'd ~010~3 File No. ~ ~O0~-l~ Fee P~d ~, ~ Rec'd by ~ Ore.ce ~ Section Hastings, Mn 55033 437-9245 Request: Special Use: Rezone: Subdivigion: Comp Plan Amand: Vacation: Site Plan: Other: Variance: TOTAL: Description of Request (include site plan, survey, md/or plat if applicable): Sign~t~e of A~ft Date Signature of Owner Date TO: FROM: DATE: SUBJECT: MEMORANDUM Honorable Mayor and City Councilmembers Dave Osberg, City Administrator March 13, 2003 DCHS LeDuc Mansion Operating Agreement City Staffwould like to conduct a discussion with the City Council on the attached agreement with the Dakota County Historical Society for the operations of the Leduc Mansion. While no action need be taken at this meeting, direction from the City Council, in anticipation of approval at the special City Council meeting is needed. Essential elements of the agreement include: a.) b.) c.) The length of the initial agreement will be for a period of three years. Each party will split the earned income from the Simmons Funds to allow for payment of operation expenses (DCHS); and maintenance and other costs (CITY) Either party may terminate provide certain notification provisions are met. DCHS will submit a site operations plan by January 1, 2004. Exhibits A and B illustrate the responsibilities of both parties: 1.) DCHS will manage the daily operations of the site. 2.) DCHS will be responsible for exhibiting. 3.) DCHS will be responsible for the employees working on the site 4.) CITY will be responsible for utilities, building maintenance and cleaning (likely a private service) and grounds maintenance, along with mechanical systems. Staff will review the document further with the City Council during the meeting on March 17th, in anticipation of approval at the special meeting when the agreements with MHS are approved. Draft prepared by Mark Reidell March ~ ~, 2002 LEASE AGREEMENT Dakota County Historical Society and the City of Hastings THIS AGREEMENT is between the City of Hastings, a municipal corporation of the State of Minnesota, herein called the CITY, and the Dakota County Historical Society, a Minnesota nonprofit corporation, herein called DCHS. WHEREAS, the City Council for the City of Hastings, upon making a determination of the need for the services of DCHS to operate the LeDuc Historic Site, 1629 Vermillion Street, Hastings, herein called the SITE, enters into this agreement for a period of 3 years starting on the date that the REAL ESTATE TRANSFER AGREEMENT and the DECLARATION CREATING RESTRICTIVE COVENANTS is signed by Minnesota Historical Society and the CITY. TERMS OF AGREEMENT 1. DCHS agrees to perform the services at the SITE listed on attached Exhibit A which is by this reference incorporated in this Agreement. The DCHS agrees to provide the listed services beginning on the date that the City obtains title to the LeDuc Historic Site property. Preparation to provide those services identified on attached Exhibit A will commence once this agreement is signed. 2. The CITY agrees to perform the services for the SITE listed on attached Exhibit B which is by this reference incorporated in this agreement. 3. Once the SITE is open to the public, the CITY agrees to pay DCHS up to half of the net revenue of the earned income from the Simmons Trust/Endowment Fund per year for expenses associated with operation of the SITE. 4. DCHS agrees that the CITY has a right to inspect all copies of financial documents belonging to the DCHS that in any way'cOncerns the subject of this agreement and DCHS' performance thereof. DCHS agrees that access to financial documents shall be provided with 48 hours notice, to any CITY employee designated by the City Administrator. 5. DCHS agrees not to discriminate in providing its services on the basis of race, religion, color, national origin, sex marital status, or mental or physical disability. 6. DCHS agrees to indemnify, save harmless and defend the CITY, it's officers, agents and employees fi.om and against any and all claims for injury or damage arising out of or related to the services to be performed as outlined in Exhibit A. 7. DCHS, receiving money from the CITY and in providing non-profit services in the interest of the citizens, shall at all times be deemed an independent contractor and not an agent, partner, or joint associate with the CITY. The parties acknowledge that any contract entered into between the DCHS and a third party shall not be an obligation of the CiTY. DCHS shall not represent that it has power or authority to contractually obligate the CITY. DCHS is an independent contractor for purposes of the Draft prepared by Mark Reidell March 1 l, 2002 Minnesota's Worker's Compensation coverage to its employees. Employees of DCHS are not employees or agents for the CITY. 8. DCHS agrees that the responsibility for performing the services to be implemented under the terms of this agreement shall not be assigned, transferred, or delegated by DCHS to a third party without the prior written consent of the CITY. ~ 9. Either party may terminate this agreement for failure of the other party to comply with any term, condition, or obligation under this agreement no earlier than ninety (90) days after written notice specifying the nature of the default with reasonable particularity, and such default not having been substantially corrected. The parties, by mutual written agreement may terminate this agreement at any time. Upon such termination, DCHS shall be entitled to receive a pro-rated portion of the payment owed under section 3 above and the CITY shall receive the balance of any unspent funds already allocated to DCHS but not expended. 10. If any suit, action or other proceedings or an appeal there fi:om is instituted to establish, obtain, fome, or compel any right or obligation resulting from this agreement or arbitration of its terms and conditions, the parties mutually agree that the prevailing party shall be entitled to recover from the adverse party, in addition to the costs and disbursements, such additional sum as the courts, both trial and appellate, may adjudge reasonable as attorney fees. 11. DCHS shall maintain in fome for the duration of this agreement the insurance coverage specified below. Each policy required by these provisions shall be written as a primary policy, not contributing with or in excess of any coverage which the CITY may carry. A copy of each policy or a certificate of insurance satisfactory to CITY shall be delivered to CITY before the CITY takes title to the SITE. Unless otherwise specified, each policy shall be written on an "occurrence" form with an admitted insurance carrier licensed to do business in the state of Minnesota and shall contain an endorsement entitling the CITY to not less than 30 days prior written notice of any material change, non-renewal or cancellation. The adequacy of such insurance required by these provisions shall be subject to approval by the City's Risk Manager. Failure to maintain any insurance coverage required by this agreement shall be cause for immediate termination of this agreement by CITY. A. Comprehensive General Liability DCHS shall maintain a broad form comprehensive general liability insurance policy with coverage of not less than $500,000 combined single limit per occurrence, with an aggregate of $1 million, for bodily injury, personal injury or property damage. Such policy shall cOntain a contractual liability endorsement and tenant legal liability coverage. The policy sl~all also contain an endorsement naming the CITY as an additional insured, in a form satisfactory to the CITY, and expressly providing that the interest of CITY shall not be affected by DCHS' breach of policy provisions. B. Worker's Compensation If DCHS shall perform the work with the help of others, DCHS shall provide proof of workers' compensation coverage in compliance with all applicable provision of the worker's compensation laws of the State of Minnesota. C. Property Insurance It is agreed by the parties that the CITY will provide property insurance coverage for the building and contents owned by the CITY. DCHS shall maintain separate property insurance coverage for all personal property owned by DCHS or loaned to DCHS by the Draft prepared by Mark Reidell March 11, 2002 Minnesota Historical Society, The CITY will not provide property insurance coverage for property not owned by CITY that is located at the SITE. 12. DCHS shall provide the CITY with a SITE operations plan by January 1, 2004, for approval by the CITY. Such approval shall not be unreasonably withheld. 13. DCHS shall comply with all applicable federal, state and local laws, rules, ordinances and regulations at all times while this Agreement is in force. 14. This agreement can be modified with the written consent of both parties. It is the intention of the CITY and DCHS to renew this contract for an additional 3 years on the date this contract expires. Mayor or City Administrator, Hastings President, Dakota County Historical Society City Clerk, City of Hastings 3 Draft prepared by Mark Reidell March 11, 2002 Exhibit A DCHS shall provide the following services as related to the general operation and management of the SITE: 1. Open the site to the public fi:om May 1 to October 31 annually for 30 to 40 hours per week. The CITY shall be advised of the specific days and times once they are decided. 2. Manage the day-to-day operation of the SITE. A. Provide tours and programs that offer an historic interpretation of the house, carriage barn and grounds to the public as well as providing stories and exhibits related to the LeDuc family, Carroll Simmons, Andrew Jackson Downing, the City of Hastings, Dakota County and other relevant history associated with the LeDuc Site. B. Plan, schedule and manage activities and special events at the house, carriage barn and on the grounds to generate Operating revenue while maintaining the quality and character of the SITE. 3. Design, create, install and control the selection, display, storage and preservation of art and historical objects appropriate to the LeDuc Historic Site. Arrange or facilitate cleaning of artifacts and exhibits in the LeDuc House and Carriage Barn. Once lighting fixtures have been installed by the Minnesota Historical Society, take responsibility for care and replacement of light bulbs and fixtures. 4. Hire and supervise personnel necessary for the operation of the SITE. Recruit, train and supervise volunteers and interns necessary for the operation of the SITE. 5. Provide telephone and online service for the SITE. DCHS recognizes the CITY as the owner of the SITE and will do the following in consideration: 1. Provide a standard activity report to the CITY annually and participate in an annual meeting that allows the parties to evaluate their mutual contractual obligations and perfoimance. 2. Comply with the CITY in the implementation of its Historic Preservation Program. Adhere to the provisions of the REAL ESTATE TRANSFER AGREEMENT and DECLARATION CREATING RESTRICTIVE COVENANTS that specify DCHS' obligations and services. 3. Promptly notify the CITY's designated liaison of any building or grounds maintenance needed for the protection of the public and of the SITE. 4. Prepare an annual budget with yearly goals for the review by the CITY. Generate and retain revenue from admission fees, gift shop sales, refreshments and special events charges. This revenue will be used for SITE operation expenses. 5. Secure approval from the CITY prior to any application for grants or the start of any projects relating to the alteration or improvements to the SITE. 6. Provide the CITY with an ongoing improvement and maintenance plan for the SITE and assist the CITY in the implementation of the plan. 4 Draft prepared by Mark Reidell March 11, 2002 7. Notify the CITY of all special events, fairs, festivals, and private events planned at the SITE a minimum of one month in advance of the event. Any CITY events planned for the SITE need to be coordinated with DCHS' schedule. Draft prepared by Mark Reidell March 11, 2002 Exhibit B 1. Ownership of the SITE rests with the CITY 2. The CITY assumes responsibility for maintenance, repair and alterations to the SITE. A. UTITLITIES - fuel oil, electricity, natural gas sewer, water and septic systems are the responsibility of the CITY B. BUILDINGS AND GROUNDS - the CITY is responsible for structural repairs to foundations, walls, floors, roofs, chimneys and exterior and interior painting, window washing, janitorial and cleaning services, trash removal, window replacement, pest control cleaning of the carpeting. The CITY is also responsible for grounds keeping including, but not limited to, lawn moving, snow removal and tree trimming. C. MECHANICAL SYSTEMS - fixtures such as sinks, toilets, electrical switches will be maintained by the CITY. Systems such as heating electrical, plumbing, air conditioning and security are the responsibility of the CITY. MEMORANDUM VIH-C-2 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator March 13, 2003 Schedule Special Meeting to Approve the LeDuc Mansion Agreements Recommended City Council Action The City Council is asked to take action scheduling a special meeting to approve the LeDue Mansion Agreements. Dates to consider include Tuesday March 25; Wednesday March 26 or Monday March 31, 2003. Background At the City Council meeting on Monday March 3, 2003 the City Council conducted discussion on the proposed agreements with the Minnesota Historical Society for the transfer of the LeDuc Mansion to the City of Hastings. Elsewhere on the agenda for the meeting on March 17, 2003 the City Council will discuss with Staffthe proposed agreement with the Dakota County Historical Society for the operation of the LeDuc Mansion. To allow for receipt of funds from the State of Minnesotato complete renovation of the LeDue Mansion, agreements must be approved by March 31, 2003. Staffunticipates receiving from the MHS the final cost estimates on or about March 24, 2003. Those cost estimates for completion of the work must be reviewed by the City Council before final approval of the agreements. Thus, the need for a special meeting prior to, or on March 31, 2003. Therefore, the City Council is asked to reach agreement on the best time and date for the scheduling of the special meeting, based on the suggested dates above. David M. Osberg ~./~ City Adminis~ MEMORANDUM VIII-C-3 TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator March 13, 2003 Annexation Ordinance Recommended City Council Action It is recommended that the City Council take action approving the first reading of the enclosed ordinance annexing certain property into the City of Hastings, and scheduling a public hearing and second reading for Monday April 21, 2003. Backeround The City of Hastings has received the enclosed petition for annexation from the property owners of about 16 acres of property currently west of the city limits. The petition and map of the area are enclosed fol- your review. Planning Director John Hinzman has attached certain information regarding the planning concepts that have been considered for the site. Approval of the annexation does not provide any assurances for approval of the planning and zoning issues that will need attention. The public hearing will be conducted on April 21,2003 after notification of the adjacent property owners and Nininger Township. AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY HASTINGS LAND LLC, a Delaware Limited Liability Company; CAPITAL PROPERTY INVESTMENTS LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak III PREAMBLE Hastings Land LLC, a Delaware Limited Liability Company; Capital Property Investments LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak III, have represented to the City of Hastings that they are the sole owners of property described as follows: That part of the Northeast quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South ora line described as: Commencing at the Northeast Comer of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described, thence deflecting 90 degrees 00 m'mutes 00 seconds right 1315.07 feet to the West line of said Northeast quarter of the Southeast quarter and there terminating. 16.94 acres That the property is unincorporated; it abuts the limits of the City of Hastings; is not included with any other municipality; it is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is approximately 16.94 acres in size. Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 60 acres or less; that the property is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; that the City of Hastings received a properly prepared petition for annexation signed by all of the owners of the property; and that the petition for annexation complies with all of the provisions of Minn. Stat. 414.033. Section 2. The property is urban or suburban in character and is in need of City services, which can be provided by the City of Hastings. Section 3. The corporate limits of the City of Hastings are hereby extended to include the property described above, and that same property is hereby annexed to and included within the City of Hastings, as if the property had originally been a part of the City. Section 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Minnesota Office of Planing; Nininger Township; Dakota County and the Minnesota Secretary of State. Section 5. The Ordinance shall become effective upon its passage; seven days after its publication; the filing of the certified copies as directed in Section 4; and upon approval of this Ordinance by the Minnesota Office of Planning. Adopted by the City Council of the City of Hastings, this day of 2003. ayes: nays: ATTEST: Michael D. Wemer Mayor Melanie Mesko Lee City Clerk Certification Melanie Mesko Lee, City Clerk of the City of Hastings, does hereby certify that the foregoing Ordinance is a true and correct copy of the Ordinance that was adopted at the Regular meeting of the City Council of the City of Hastings on Melanie Mesko Lee City Clerk -seal- March 6, 2003 HASTINGS LAND LLC City of Hastings Attn: Dave Osberg City Administrator 101 4th Street East Hastings, MN 55033 RE: Annexation Petition To whom It May Concern: Hastings Land LLC hereby petitions for the annexation of 16.94 acres of land, as legally described on Exhibit A, into the City of Hastings. The property is situated on the western edge of Hasting north of the Sunset West 2 development, west of the Bailey Ridge development and south of Highway 55. Attached as Exhibit B is a survey showing a depiction of the property to be annexed. Exhibit C attached is a complete report of ownership of all parcels of land situate within a radius of 350 feet of the 16.94 acres to be annexed by the City of Hastings along with mailing labels for each owner of such parcels. IN WITNESS WHEREOF, the undersigned owners of the property described on Exhibit A hereby agree to this Petition for Annexation as of this (~ day of March, 2003. HASTINGS LAND LLC, a Delaware Limited Liability Company By: Its Manager /' By: ' Lonnie R. Pierce, Its Member CAPITAL PROPERTY INVESTMENTS LLC Edward J. Dulak, ~II, its Member That part of the Northeast quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast corner of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast quarter of the Southeast quarter and there terminating. City of Hastings City Council Public Hearing Notice Notice is hereby given that the Hastings City Council will conduct a public hearing on Monday April 21, 2003 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4th Street; to consider the Adoption of an Ordinance of the City of Hastings, Extending its Corporate Limits to Include Certain Land Abutting the City, Which is Owned by Hastings Land LLC, A Delaware Company; Capital Property Investments LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak III. All persons interested in commenting on the proposed Ordinance will be given an opportunity to do so at the Public Hearing. A copy of the Ordinance is available for review at the Hastings City Hall during normal business hours. David M. Osberg City Administrator Publication Date: March 20, 2003 ALTA/ACSM Land 'Title 8arvey ®0I%0000~%~0%II000~ ~0~ City of Hastings City Council Public Hearing Notice Notice is hereby given that the Hastings City Council will conduct a public heating on Monday April 21, 2003 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4th Street; to consider the Adoption of an Ordinance of the City of Hastings, Extending its Corporate Limits to Include Certain Land Abutting the City, Which is Owned by Hastings Land LLC, A Delaware Company; Capital Property Investments LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak III. All persons interested in commenting on the proposed Ordinance will be given an oppommity to do so at the Public Hearing. A copy 0fthe Ordinance is available for review at the Hastings City Hall during normal business hours. David M. Osberg City Administrator Publication Date: March 20, 2003 CITY OF HASTINGS 101 4th Street East · Hastings, MN 55033q1955 651-437-4127 · Fax: 651-437-7082 www. ci.hastings.mn.us Via Facsimile February 7, 2003 Jim Vitt Capital Real Estate, Inc. 50 South 6th Street Suite 1480 Minneapolis, Minnesota 55402 RE: Concept Plan - Augustine Property- West 13th Street & Tierney Drive Dear Jim I have received your preliminary concept plan for development of 118 townhomes on 16.94 acres located West of 13th Street and North of Tierney Drive and have the following commants: General 1) Property is outside the City limits and must be annexed before development can commence. The annexation request should include all right-of-way to be platted. 2) The property is within the 2020 Comprehensive Guide Plan for develolSment, and · guided U-II Urban Residential (4-8 units per acre). A comprehensive plan · amendment would be needed to extend municipal services. 3) A rezoning to R-3, Medium~Iigh Density Residence would be needed before development can commence. The rezoning could be considered concurrent with the request to plat. 4) The roadway serving units west of Tierney Drive should be privately owned and maintained, all other roads shall be public. ~ 5) Parking would be prohibited along the private road (at proposed width). 6) Private drive intersections with public roads should be increased to 28 feet. 7) Parking appears to meet minimum requirements of 2 spaces per unit + overflow pa[king. 8) The Grading and utility plans must make provision for drainage of areas adjacent to the site. 9) The "curve" of South Frontage Road at the northwest comer of the site must be reconfigured as a full intersection. 10) The Sunset West Preliminary Plat (directly south) does not incorporate fight-of- way for South Frontage Road. The right-of-way must be relocated west of the Section boundary (the current alignment appears to center on the Section line),~ Hastings on the Mississippi Planning Committee of the City Council Comments 1) Units west of Tierney Dive directly facing south and north have limited separation between existing homes and South Frontage Road, respectively. Further attention will be needed to create adequate separation, through a combination of increased setback, plantings, berming, or fencing. 2) The site may be too dense; west of Tierney Drive separation is tight a!ong the edge of the property. 3) Driveway access to Tierney Drive may be problematic. 4) Strongly encourage mixed use of plantings and amenities for the site. Please contact me with any questions at (651) 480~2378. Sincerely, ~ PlafirlingDirector Cc: Steve Harvey, RLK Kuusisto 1 -d