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HomeMy WebLinkAbout09-06-05 CITY OF HASTINGS COUNCIL MEETING ., 7:00 PM Tuesday September 6, 2005 I. CALL TO ORDER: II. ROLL CALL: UI. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approve of Minutes of the Regular Meeting on August 15, 2005 V. COUNCIL ITEMS TO BE CONSIDERED: SPECIAL PRESENTATION VI. CONSENT AGENDA The items on the Consent Agenda are to be acted upon by the City Council in a single motiolL There will be no discussion on these items unless a Councilmember or citizen so requests, in which event the items will be removed horn the Consent Agenda to the appropriate Department for disaJSSioo. O. Pay Bins as Audited 1. Acceptance of Fire Grant Donation from the Metropolitan 911 Council 2. Acceptance of Donation from CF Industries for the Fire Department 3. Natural Resources and Recreation Commission Resignation 4. I st Reading and Schedule Public Hearing-Utility Ordinance Amendment 5. 2005 Budget Transfers and Adjustments 6. Res.-Selecting dates for the Year 2006 City Budget & Tax Levy Truth In Taxation Public Hearing 7. Res.-Approving a Proposed 2006 HRA Special Tax Levy 8. Citizen Request for Waiver of Utility Bining Penalty 9. Auditing Services Request for Proposals 10. Res.-Final Plat #2005-57-Williams 3rd Addition (Whispering Lane) 11. Res.-Adopt Proposed 2006 City Property Tax Levy 12. 1st Reading/Order Public Hearing-Ordinance Amendment #2005-54- Landscape Ordinance 13. Res.-All Way STOP, Southview Dr. and Westview Dr. Intersection 14. Consent Agenda Item Excess Property Declaration-Police Dept. 15. Res.-Adopt Proposed Year 2006 City Budget VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS Hastings, Minnesota City Council Minutes August 15th, 2005 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday August 15,2005 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Werner, Councilmember Hicks, Alongi, Hazlet, Riveness, Schultz and Moratzka. Members Absent: None. Staff Members Present: City Attorney Shawn Moynihan Planning Director, John Hinzman Public Works Director, Tom Montgomery City Administrator, Dave Osberg Approval of Minutes: Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of Monday August 1, 2005. Hearing none, the minutes were approved as presented. Special Presentation Fire Chief Mark Holmes provided background information on the special award being presented to Ms. Ann Westland, who provided life-saving intervention to a neighbor, on May 15th, 2005 that resulted in the individual's life being saved. Ms. Westland received the award and was congratulated by each of the City Councilmembers. Consent Agenda Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the Consent Agenda as presented: 1. Pay Bills as Audited 2. Fueling Station on Mississippi River 3. Authorize Amended Agreement with School District #200 at the Hastings Civic Arena 4. Lower St. Croix Watershed District Joint Powers Agreement 5. CDBG SubRecipient Agreement-Program Year 2005 6. Authorize Out State Conference Attendance 7. Proclamation-Step Family Day Minutes ofthe Ret!:ular Medin2 of AU2ust 15. 2005 Pa2e Two of Five 8. Certification of Satisfaction-Miller Electric 9. Declare Excess Property-Fire Department Tanker Truck 10. Approve Fire Inspections Contracts with State of Minnesota for Hotel/Motel and Public Schools 11. Development Agreement:#2005-37, Griselda's Whispering Meadows 12. Development Agreement:#2005-28, Riverfront Development 13. Approve Change: Sidewalk to Berm, Whispering Lane Condos 14. Resolution Expressing Acceptance of and Appreciation of a Donation to the Hastings Police Reserve Program 15. Resolution Expressing Acceptance of and Appreciation of a Donation to the Hastings Police Canine Program 16. Pay Estimate #1-Project 2005-1 Dakota Hills-Pember Excavating Co.- $522,331.01 17. Pay Estimate #l-Project 2005-2 Zweber Lane and Oak Ridge Drive-Pember Excavating Co.-$107,229.66 18. Pay Estimate #3-Project 2005-4 LeDuc Mansion Parking Lot-Midwest Asphalt-$38,825.94 19. Authorization to Request Advance of Funds from National Park Service 7 Ayes; Nays, None. Liquor License Violation Hearing City Attorney Shawn Moynihan provided background information relating to an illegal sale of alcohol by Short Stop Liquor. On July 28th, 2005 the Hastings Police Department conducted alcohol compliance checks on establishments in the City. An employee of Short Stop Liquor sold alcohol to an underage individual without checking for identification. This was Short Stop Liquor's second violation within the past 24 months. Mr. Kraig Thompson from Short Stop Liquor appeared before the City Council and provided background on the efforts he has made over the last few years to assure that no underage individuals are sold alcohol, and offered his apology to the City Council. Moved by Councilmember Alongi, seconded by Councilmember Hazlet to Approve a Resolution of the City Council of the City of Hastings Adopting Findings of Fact Regarding the Illegal Liquor Sale at Short Stop Liquors and Imposing Penalties for That Violation, to include a $750.00 fine and a two day liquor license suspension for the days of Thursday August 25,2005 and Friday August 26,2005. Minutes of tbe Ret!ular Meetin!! of Au!!ust 15. 2005 Paf!e Three of Five Mayor Werner asked, and City Councilmembers Alongi and Hazlet each agreed to an amendment to the original Resolution that would impose an automatic revocation of the liquor license should any violations take place at Short Stop Liquor within 24 months of the July 28,2005 violation. 7 Ayes; Nays, none. Award of Contracts Moved by Councilmember Schultz, seconded by Councilmember Riveness to Approve a Resolution Receiving Bids and Awarding Contract for City Project 2005-3, South Frontage Road Improvements, to Max Steininger, Inc, of Eagan, in the amount of $533,262.37. 7 Ayes; nays, none. Authorization for Experience Works to Share City Hall Office Space with Youth First Moved by Councilmember Moratzka, seconded by Councilmember Schultz authorizing Experience Works to Share City Hall Office Space with Youth First. 7 Ayes; Nays, None. Resolution-Site Plan #2005-50 WalMart Super Center Expansion; 1752 North Frontage Road Moved by Councilmember Hicks, seconded by Councilmember Hazlet to approve a Resolution of the City Council of the City of Hastings Granting Site Plan Approval to Construct A +/-72,000 S.F. Addition On to The Existing Wal-Mart Store Located at 1752 North Frontage Road, Hastings, Minnesota Ayes: Councilmember Riveness Mayor Werner Councilmember Hazlet Councilmember Hicks Nays: Councilmember Moratzka Councilmember Schultz Councilmember Alongi Councilmember Schultz was excused at approximately 8: lOP M Minutes of the Re2ular Meetine of Awust 15. 2005 Paee Four of Five Facilities Maintenance Staffing Moved by Councilmember Moratzka, seconded by Councilmember Hicks authorizing: a.) Canceling of the cleaning services agreements for the City Hall, Police Station, Public Works Garage, Joint Maintenance Facility and LeDuc Mansion, with Staff having the flexibility to coincide the cancellation dates with the start of the new part time employees. b.) Approve the job description for the Facilities Maintenance Technician c.) Authorize the advertising and hiring d.) Approve the classification value of 346 and the compensation schedule range of $12.60 - $18.00 Ayes: Councilmember Moratazka Councilmember Hicks Mayor Werner Councilmember Hazlet Councilmember Alongi Nays: Councilmember Riveness Comments from The Audience Me. spoke before the City Council and advised that his neighborhood had organized themselves to address further concerns with the implementation of the neighborhood conservation district and encouraged further discussion between the City Council and the City Staff. Me. Bill Cottrail, an attorney representing the individual who had applied for a gambling permit from Stelutec addressed the City Council on the current status of the permit and questioned what further would be needed to receive the permit. Police Chief Mike McMenomy was present, and explained that the applicant had received a list of information from the State of Minnesota and Hastings Police Department outlining the information that would be required before there is further consideration ofthe permit. Minutes of the Re!!:ular Medin!!: of Au!!:ust 15.2005 Pa!!:e Five of Five Adjournment Moved by Councilmember Moratzka, seconded by Councilmember Riveness to adjourn the meeting at 8:20 PM. Ayes: All, Nays, none. Michael D. Werner David M. Osberg Mayor City Administrator Date: 09/01/2005 Time: 12:33:12 Operator: LYNNE BENSON Page: 1 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report VI-O Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor II: (A) Invoice #: (A) Schedule Journal II: (r) 42905 - 42905 Bank #: (A) Options: Print Ranges/Options: Y # of copies: 1 Page on Department: N Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ COUNCIL AND MAYOR MELOY PARK FLORIST PLANT-WEBSTER FUNERAL 88.93 Total for Department 102 88.93* ADMINISTRATION OSBERG, DAVID M. LUNCH MTG MAYOR/CITY ADM 25.71 Total for Department 105 25.71* CITY CLERK ALLINA MEDICAL CLINI DRUG TEST D DUBE 20.00 CITY CLERK ALLINA MEDICAL CLINI DRUG TEST D WEBER 20.00 CITY CLERK SCHROEDER, ADELINE MILEAGE 16.20 Total for Department 107 56.20* FINANCE AMERICAN PAYROLL ASS APA DUES 11/05-10/06 BEN 165.00 FINANCE WORK CONNECTION INC WEEK END 8/21 - KAISER 308.00 Total for Department 120 473.00* MAINTENANCE MINNEGASCO,ACCT'S PA AUGUST GAS 58.91 MAINTENANCE SCHOMMER, ROBERT G FINAL PMT PAINTING CH WI 8,200.00 Total for Department 140 8,258.91* PLANNING HINZMAN JOHN CONFERENCE/PARKING 494.00 PLANNING JENSON, KRISTINE REIMBURSE PLAN MTG FOOD 36.39 Total for Department 150 530.39* M.I.S. WELLS FARGO BANK/ CR UPS BATTERY 77 .22 Total for Department 160 77.22* POLICE DE LAGE LANDEN FINAN MONTHLY DICTATION SYSTEM 290.05 POLICE LASER LABS, INC. REPAIR TINT METER UNIT 58.00 POLICE LOHMANN, MARY REIMBURSE CLOTHING ALLOW 104.75 POLICE MID-AMERICAN SPECIAL HALLOWEEN BAGS 520.42 POLICE MID-AMERICAN SPECIAL LOLl POPS 181. 45 POLICE NORTHLAND BUSINESS S PHONE ADAPTERS 114.88 POLICE SOUTH EAST TOWING OF TOW SQUAD CAR 58.58 POLICE XCEL ENERGY ELECTRICITY 37.98 Total for Department 201 1,366.11* BUILDING AND INSPECT ANDERSON MICHAEL WORK BOOTS 109.99 BUILDING AND INSPECT 10,000 LAKES CHAPTER LAKES CHAPTER EDUC BENSH 60.00 BUILDING AND INSPECT BENSHOOF KEVIN ICC RES MECH INSP - CERT 140.00 BUILDING AND INSPECT GRAPHIC DESIGN 1500 DOOR HANGING NOTICE 198.09 Date: 09/01/2005 Time: 12:33:12 Operator: LYNNE BENSON Page: 2 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ BUILDING AND INSPECT NEXTEL COMMUNICATION CELL PHONE SERVICE 304.53 Total for Department 230 812.61* PUBLIC WORKS BAHLS SERVICE HOSE/FITTINGS 18.73 PUBLIC WORKS BDM CONSULTING ENGIN WALLIN & STORM WATER REV 158.50 PUBLIC WORKS COUNTRYSIDE IMPLEMEN DECK/SENSOR/FREIGHT 170.96 PUBLIC WORKS ENGINEERING REPRO SY SCAN 121 MYLARS & CD 174.39 PUBLIC WORKS J -CRAFT INC/DIV SRYS TRUCK BOX 60,619.80 PUBLIC WORKS JOHNSON, KIRK 2005 ANNUAL BRIDGE INSPE 2,300.00 PUBLIC WORKS MONTGOMERY, THOMAS MILEAGE 182.49 PUBLIC WORKS MONTGOMERY, THOMAS PARKING 8.00 PUBLIC WORKS PRAXAIR DISTRIBUTION FINANCE CHARGE 1.12 PUBLIC WORKS PRAXAIR DISTRIBUTION MAINTENANCE FEES 74.55 PUBLIC WORKS PRAXAIR DISTRIBUTION OXYGEN/HAZ MATERIAL CHAR 50.99 PUBLIC WORKS UNITED RENTALS STARGON 53.25 PUBLIC WORKS XCEL ENERGY ELECTRICITY 11,463.55 Total for Department 300 75,276.33* LE DUC MANSION BDM CONSULTING ENGIN LE DUC PARKING LOT 324.00 LE DUC MANS ION BDM CONSULTING ENGIN LEDUC PARKING LOT 1,286.00 Total for Department 450 1,610.00* Total for Fund 101 88,575.41* PARKS AND RECREATION MINNEGASCO, ACCT' S PA AUGUST GAS -421. 52 Total for Department 401 -421. 52* Total for Fund 200 -421. 52* PARKS AND RECREATION JOHNSON, DARBIE A.D TEEN NIGHT SUPPLIES 262.37 PARKS AND RECREATION MINNEGASCO,ACCT'S PA AUGUST GAS 3,257.82 PARKS AND RECREATION XCEL ENERGY ELECTRICITY 27.57 Total for Department 401 3,547.76* Total for Fund 201 3,547.76* FIRE AMERIPRIDE LINEN & A TOWEL CHARGE 30.49 FIRE FAIR OFFICE WORLD INDEX BINDERS 7.80 FIRE FAIR OFFICE WORLD PAPER/PADS/ENVELOPES/CLI 297.86 FIRE GREEN, THOMAS D 5" LDB X 100 FT SEcrIONS 3,647.00 FIRE GRAPHIC DESIGN ENVELOPE PRINTING 44.73 FIRE GRAYBAR ELECTRIC TRI LITE 657.04 FIRE MINNEGASCO, ACcr' S PA AUGUST GAS 90.17 FIRE NEXTEL COMMUNICATION CELL PHONE 80.28 FIRE PJS AND ASSOCIATES I ROPE BAG/CARABINER/RIGGE 249.69 Total for Department 210 5,105.06* AMBULANCE FRANDRUP, FRED OVERPMT CALL 20050904 75.91 AMBULANCE FRANDRUP, FRED OVERPMT CALL 20050905 73.67 AMBULANCE EMSRB 2005 AMBULANCE LICENSES 438.00 Date: 09/01/2005 Time: 12:33:13 Operator: LYNNE BENSON Page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ AMBULANCE MOORE MEDICAL CORP. AMBULANCE SUPPLIES 254.64 AMBULANCE MOORE MEDICAL CORP. VENI GARD IV DRESSING -95.62 AMBULANCE PRAXAIR DISTRIBUTION OXYGEN 168.55 AMBULANCE REGINA MEDICAL CENTE JULY AMBULANCE SUPPLIES 777.78 Total for Department 220 1,692.93* Total for Fund 213 6,797.99* LE DUC MANSION MINNEGASCO,ACCT'S PA AUGUST GAS 39.88 LE DUC MANSION XCEL ENERGY ELECTRICITY 536.46 Total for Department 450 576.34* Total for Fund 220 576.34* PARKS AND RECREATION PIONEER PRESS DISPAT HAST CIVIC ARENA PAINTIN 224.58 Total for Department 401 224.58* Total for Fund 401 224.58* PUBLIC WORKS MN PIPE & EQUIPMENT PIPE/PRIMER/CEMENT 175.55 Total for Department 300 175.55* Total for Fund 403 175.55* PUBLIC WORKS BDM CONSULTING ENGIN 03-3 SPIRAL BLVD & 31ST 1,140.00 PUBLIC WORKS BDM CONSULTING ENGIN 2003-2 RSI 918.50 PUBLIC WORKS BDM CONSULTING ENGIN 2003-2 RSO 216.00 PUBLIC WORKS OTTO EXCAVATING, INC WATER LINE END OF VILLAG 2,448.00 Total for Department 300 4,722.50* Total for Fund 493 4,722.50* PUBLIC WORKS BDM CONSULTING ENGIN 2004-2 31ST ST RECONSTRU 1,326.00 Total for Department 300 1,326.00* Total for Fund 494 1,326.00* PUBLIC WORKS BDM CONSULTING ENGIN 2005-1 DAKOTA HILLS 18,238.00 PUBLIC WORKS BDM CONSULTING ENGIN 2005-3 SOUTH FRONTAGE RO 1,316.50 PUBLIC WORKS BDM CONSULTING ENGIN 2005-5 DOWNTOWN DEVELOPM 8,057.00 PUBLIC WORKS BRAUN INTERTEC 05-1 DAKOTA HILLS SOIL T 3,471.00 PUBLIC WORKS BRAUN INTERTEC 05-1 DAKOTA HILLS TESTS 3,937.00 PUBLIC WORKS BRAUN INTERTEC 05-2 QWEBER LN TESTS 2,161.50 PUBLIC WORKS BRAUN INTERTEC 05-4 LEDUC PAVEMENT TEST 375.00 PUBLIC WORKS BRAUN INTERTEC SOIL TESTS PROJ MGMT 200 175.00 PUBLIC WORKS HOISINGTON KOEGLER G 2005-5 DOWNTOWN REDEV PR 3,693.66 Total for Department 300 41,424.66* Total for Fund 495 41,424.66* Date: 09/01/2005 Time: 12:33:13 Operator: LYNNE BENSON Page: 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS DPC INDUSTRIES, INC. HYDROFLUOROSILICIC ACID 702.05 PUBLIC WORKS DUBE, DAVID SAFETY GLASSES 116.28 PUBLIC WORKS ELECTRO-MECHANICAL I CABINET 1,863.75 PUBLIC WORKS MINNEGASCO ,ACCT' S PA AUGUST GAS 77.57 PUBLIC WORKS NAT'L WATERWORKS METER HEAD 55.38 PUBLIC WORKS NAT'L WATERWORKS METER/FLANGE KITS 1,213.31 PUBLIC WORKS OFFICE MAX - A BOISE PAPER 48.94 PUBLIC WORKS SALVERDA, DONALD E MANAGEMENT PROGRAM - ZGO 822.44 PUBLIC WORKS XCEL ENERGY ELECTRICITY 1,678.67 Total for Department 300 6,578.39* Total for Fund 600 6,578.39* PUBLIC WORKS MINNEGASCO, ACCT' S PA AUGUST GAS 31.08 PUBLIC WORKS XCEL ENERGY ELECTRICITY 953.63 Total for Department 300 984.71* Total for Fund 601 984.71* PARKS AND RECREATION MINNEGASCO, ACCT' S PA AUGUST GAS -53.10 Total for Department 401 -53.10* Total for Fund 615 -53.10* PUBLIC WORKS CONNELLY INDUSTRIAL RELAY/LABOR/FREIGHT 482.72 Total for Department 300 482.72* Total for Fund 620 482.72* PLANNING BDM CONSULTING ENGIN RIVERFRONT DEV/SHERMAN 32.00 PLANNING BDM CONSULTING ENGIN RlVERWOOD 8TH 1,349.00 Total for Department 150 1,381.00* PUBLIC WORKS BDM CONSULTING ENGIN AMCON BANK 1,070.00 PUBLIC WORKS BDM CONSULTING ENGIN DAKOTA SUMMIT 2 335.00 PUBLIC WORKS BDM CONSULTING ENGIN EASTENDERS ADD'N 1,433.50 PUBLIC WORKS BDM CONSULTING ENGIN GLENDALE HEIGHTS 2ND 1,682.50 PUBLIC WORKS BDM CONSULTING ENGIN LAWRENCE CONDOS 217.00 PUBLIC WORKS BDM CONSULTING ENGIN PARK PLACE STORAGE 500.00 PUBLIC WORKS BDM CONSULTING ENGIN PRAIRIE RIDGE 7,836.50 PUBLIC WORKS BDM CONSULTING ENGIN SCHOOL HOUSE SQUARE 549.50 PUBLIC WORKS BDM CONSULTING ENGIN SUMMIT HEIGHTS 31. 00 PUBLIC WORKS BDM CONSULTING ENGIN WALLIN 11TH 298.50 PUBLIC WORKS BDM CONSULTING ENGIN"WILLIAMS ADD'N L1B1 500.00 Total for Department 300 14,453.50* Total for Fund 807 15,834.50* Grand Total 170,776.49* September 6, 2005 Mayor Werner Qtyof H1st1gs _T Nermrdm To: City Council From: Becky Kline, Finance Department Date: 8/23/2005 The attached Department Report itemizes vouchers that were paid on August 23, 2005. Thank you. Date: 08/23/2005 Time: 08:25:53 Operator': LYNNE BENSON Page: 1 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor II: (A) Invoice II: (A) Schedule Journal II: (r) 42855 - 42855 Bank II: (A) Options: Print Ranges/Options: Y II of copies: 1 Page on Department: N Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ COUNCIL AND MAYOR INNERLINK TECHNOLOGY CABLEING COPIERS 1,619.62 Total for Department 102 1,619.62* ADMINISTRATION AT&T JULY LONG DISTANCE 3.67 ADMINISTRATION GRAPHIC DESIGN BUS CARDS PEINE/STARK 136.32 Total for Department 105 139.99* CITY CLERK AT&T JULY LONG DISTANCE .63 Total for Department 107 .63* FINANCE AT&T JULY LONG DISTANCE 8.36 WK END 8/7 - A KAISER , 300.30 FINANCE WORK CONNECTION INC Total for Department 120 308.66. , t . MAINTENANCE AT&T JULY LONG DISTANCE .15 MAINTENANCE DAKOTA ELECTRIC ASSN ELEC SERVICE . 22.11 MAINTENANCE GRAINGER, W.W. INC. BACKFLOW PREVENTER & SUP 203.72 MAINTENANCE GRAINGER, W.W. INC. METER/CLAMP 97.72 MAINTENANCE HUNTINGTON TECHNICAL INSTALL ELEC FOR COPY MA 1,300.00 MAINTENANCE MENARDS PLUMBING SUPPLIES FD 30.78 MAINTENANCE SECURITY RESPONSE SE LEDUC SECURITY SYSTEM RE 123.75 MAINTENANCE XCEL ENERGY JULY ELEC .. 9,939.27 Total for Department 140 11,717.50* PLANNING AT&T JULY LONG DISTANCE 12.31 PLANNING DAKOTA COUNTY PROPER RECORDING FEES 370.50 Total for Department 150 382.81* M.1.S. AT&T JULY LONG DISTANCE 15.09 M.1.S. CRABTREE COMPANIES I LASERFICHE MAINT (LSAP) 2,348.13 M.1.S. ELEMENT K DELAWARE E LEARNING DESKTOP & PRO 1,364.00 M.1.S. GRAPHIC DESIGN BUSINESS CARDS-WOLF 68.16 M.I.S. INNERLINK TECHNOLOGY CABELING REPAIR CH BAD D 184.22 M.1.S. INSIGHT PUBLIC SECTO PATCH CABLES 35.95 M.1.S. SOLBREKK INC EXP!SUPPORT TIME BLOCK 1,000.00 Total for Department 160 5,015.55* POLICE AT&T JULY LONG DISTANCE 72 .95 POLICE CAPITOL COMMUNI CAT I 0 REPAIR BLDG RADIO SYSTEM 728.19 POLICE CITY OF MPLS. AUTOMATED PAWN SYSTEM 105.00 Date: 08/23/2005 Time: 08:25:53 Operator: LYNNE BENSON Page: 2 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ POLICE CUB FOODS MISC SUPPLIES 17.02 POLICE CUSTOM MICRO INC. CJRS & STATE INTERFACE P 1,700.00 POLICE CUSTOM MICRO INC. MDT INTERFACE SOFTWARE 4,600.00 POLICE DAKOTA ELECTRIC ASSN ELEC SERVICE 12.53 POLICE GERRY'S FIRE PROTECT FIRE EXTINGUISHER RECHAR 75.99 POLICE KISSNER, CARY L. PAINT EMG MOMT LIGHT TOW 622.00 POLICE KISSNER, CARY L. REPAIR 1414 BUMPER 1,282.95 POLICE MN COUNTY ATTORNEY A DWI - IMPLIED CONSENT CLAS 120.00 POLICE NORTHLAND BUSINESS S MAINT AGREEMENT DIGITAL 1,474.93 POLICE OFFICE MAX - A BOISE PAPER/STAPLES/FLUID 408.92 POLICE ON SITE SANITATION GUN RANGE SANITATION SVC 97.75 POLICE TERRY'S ACE HARDWARE DOG FOOD K-9 PROGRAM 34 .07 POLICE TERRY'S ACE HARDWARE I<EYS MADE 4.39 Total for Department 201 11,356.69* BUILDING AND INSPECT AT&T JULY LONG DISTANCE 9.38 BUILDING AND INSPECT MN STATE TREASURER 2003 IRC CLASS KEVIN 35.00 BUILDING AND INSPECT MN STATE TREASURER 2003 IRC CLASS RON/MII<E 70.00 Total for Department 230 114.38* PUBLIC WORKS JIM NOLAN CORRECTED CK SIDEWALK RE 1,125.00 PUBLIC WORKS AT&T JULY LONG DISTANCE I 25.67 PUBLIC WORKS BITUMINOUS ROADWAYS SEALCOATING 44,222.73 PuBLIC WORKS DAKOTA ELECTRIC ASSN ELEC SERVICE . 1,946.77 .PUBLIC WORKS ENVIRONMENTAL EQUIPM BOLT~/SCREEN/ISOLATORS/S 732.95 PUBLIC WORKS GRAPHIC DESIGN NO PARKING SIGNS . 328.02 PUBLIC WORKS MN STREET SUPERVISOR 8 ATTENDEES " 200.00 PUBLIC WORKS ROO EQUIPMENT / POWE SWITCH 230.30 PUBLIC WORKS STRUCK & IRWIN PAVIN SLURRY SEAL PROGRAM 37,573.38 PUBLIC WORKS TERRY'S ACE HARDWARE SCREW DECK 5.31 PUBLIC WORKS TERRY'S ACE HARDWARE STAPLES 10.51 PUBLIC WORKS TERRY'S ACE HARDWARE SUPPLIES .. 52.99 PUBLIC WORKS TERRY'S ACE HARDWARE TAPE 5.94 PUBLIC WORKS TWIN CITY STRIPING STREET STRIPING 5,808.11 PUBLIC WORKS UNLIMITED SUPPLY INC WIRE/NURS/WASHERS/CLAMPS 121. 87 Total for Department 300 92,389.55* PARKS AND RECREATION FIRST NAT' L BANK SEPT PMT LOAN 0320243279 1,527.35 Total for Department 401 1,527.35* Total for Fund 101 124,572.73* PARKS AND RECREATION AT&T JULY LONG DISTANCE 2.07 PARKS AND RECREATION GERLACH SERVICE, INC. REPAIR ECHO TRIMMER 97.56 PARKS AND RECREATION HILLYARD INC TRASH CAN LINERS 502.79 PARKS AND RECREATION IND. SCHOOL DISTRICT WELDING MATERIALS 44.50 PARKS AND RECREATION METRO ATHLETIC SUPPL BASES 170.35 PARKS AND RECREATION MOTOR PARTS SERVICE SEAL FOR 580D MOWER 18.11 PARKS AND RECREATION NTI DISTRIBUTING COM PARTS-580 SPINDLE 218.28 PARKS AND RECREATION NATURE CALLS INC TOILET RENTAL 539.55 Date: 08/23/2005 Time: 08:25:53 Operator: LYNNE BENSON Page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ---------~---------- ----~--------------- ------------------------ ------------ PARKS AND RECREATION 0' BRIEN, JOE CREVROL BATTERY FOR CREW CAB 80.33 PARKS AND RECREATION TERRY'S ACE HARDWARE LIGHTBULBS 9.14 PARKS AND RECREATION TERRY'S ACE HARDWARE PAINT SUPPLIES VETS BASE 56.57 PARKS AND RECREATION TERRY'S ACE HARDWARE PAINTER PART 1. 91 PARKS AND RECREATION TERRY'S ACE HARDWARE PAINTER PART CREDIT -.32 PARKS AND RECREATION TERRY'S ACE HARDWARE PARTY WAGON PARTS 10.37 PARKS AND RECREATION TERRY'S ACE HARDWARE PARTY WAGON SHELVING 26.74 PARKS AND RECREATION TERRY'S ACE HARDWARE SHOVEL 31. 94 PARKS AND RECREATION TERRY'S ACE HARDWARE TRASH CANS & PLAYGROUND 80.73 PARKS AND RECREATION XCEL ENERGY JULY ELEC 795.15 Total for Department 401 2,685.77* Total for Fund 200 2,685.77* PARKS AND RECREATION AT&T JULY LONG DISTANCE 3.52 PARKS AND RECREATION TERRY'S ACE HARDWARE BULB REPLACEMENT 93.04 PARKS AND RECREATION TERRY'S ACE HARDWARE POOL SUPPLIES 20.18 PARKS AND RECREATION XCEL ENERGY JULY ELEC 11.13 Total for Department 401 127.87* Total for Fund 201 127.87* , HERITAGE PRESERVATIO S & T OFFICE PRODUCT INKJET LABEL SHEETS 52.82 , HERITAGE PRESERVATIO TROPHIES PLUS THANK YOU PLAQUE-BOLER , 12.78 . Total for Department 170 65.60* . ... Total for Fund 210 65.60* FIRE AT&T JULY LONG DISTANCE 16.65 FIRE FASTENAL COMPANY 20X3/4 S/S SHCS 19.19 FIRE FASTENAL COMPANY HANDLES/FASTENERS 113 . 52 FIRE GERRY'S FIRE PROTECT RECHARGE EXTINGUISHER" 19.70 FIRE LAB SAFETY SUPPLY CO FRAMES 67.03 FIRE TROPHIES PLUS SHADOWBOX 59.59 FIRE XCEL ENERGY JULY ELEC 1,189.38 Total for Department 210 1,485.06* AMBULANCE PREFERRED ONE OVERPMT CALL 20041841 ST 66.10 AMBULANCE CHRISTIANSON, MICHAE COMPUTER SYSTEM 2,067.50 Total for Department 220 2,133.60* Total for Fund 213 3,618.66* HOUSING AND REDEVELO EHLERS & ASSOC TAX INC RPTG - #3 & #1 225.00 Total for Department 500 225.00* Total for Fund 402 225.00* PUBLIC WORKS BROCK WHITE COMPANY SILT FENCE 235.40 Total for Department 300 235.40* Date: 08/23/2005 Time: 08:25:53 Operator: LYNNE BENSON Page: 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ . Total for Fund 403 235.40* HOUSING AND REDEVELO AT&T JULY LONG DISTANCE 4.59 HOUSING AND REDEVELO HARRINGTON, JOHN F 2ND DRAW RES REHAB LOAN 6,500.00 HOUSING AND REDEVELO SEH ENGINEERS TIF DIST #4 ASSESSMENT 100.00 Total for Department 500 6,604.59* Total for Fund 404 6,604.59* ECONOMIC DEVELOPMENT AT&T JULY LONG DISTANCE 10.35 Total for Department 180 10.35* Total for Fund 407 10.35* PUBLIC WORKS MN POLLUTION CONTROL MPCA NPDES PERMIT SO FRO 400.00 Total for Department 300 400.00* Total for Fund 495 400.00* PUBLIC WORKS AT&T JULY LONG DISTANCE 1.18 PUBLIC WORKS BONESTROO & ASSOC WATER QUALITY PRODUCTION 732.40 , PUBLIC WORKS COLT ELECTRIC INC. PUMP HOUSE REPAIRS 273.00 PUBLIC WORKS CONTINENTAL SAFETY RATCHETS 37.57 , . PUBLIC WORKS DAKOTA ELECTRIC ASSN ELEC SVC 46.97 "PUBLIC WORKS DAVIES WATER EQUIPME LOCATOR REPAIR 235.37 PUBLIC WORKS ECOLAB PEST ELIM. DIV CHECKPOINT PROGRAM/odoR 99.05 PUBLIC WORKS G & K SERVICES MAT /TOWEL RENTAL 133.23 PUBLIC WORKS HACH COMPANY FLUORIDE REAGENT SPADNS 174.66 PUBLIC WORKS MN PIPE & EQUIPMENT COUPLING 86.20 PUBLIC WORKS MN PIPE & EQUIPMENT COUPLING/CURB STOP 249.31 PUBLIC WORKS NAT'L WATERWORKS MXU BATTERIES 336.36 PUBLIC WORKS SPECIALIZED TURF SOD SOD .. 97.77 PUBLIC WORKS TERRY'S ACE HARDWARE BOLTS 1. 41 PUBLIC WORKS TERRY I S ACE HARDWARE CLEANER/BREAKER/HOSE BIB 22.11 PUBLIC WORKS TERRY I S ACE HARDWARE FLASHLIGHT 12.77 PUBLIC WORKS TERRY'S ACE HARDWARE PAINT/PAINTBRUSH 7.44 PUBLIC WORKS TERRY'S ACE HARDWARE PLUGS 28.48 PUBLIC WORKS TERRY'S ACE HARDWARE SHIPPING 8.32 PUBLIC WORKS TERRY I S ACE HARDWARE SHUT OFF/BATTERIES 31. 72 PUBLIC WORKS TERRY'S ACE HARDWARE TAPE 8.24 PUBLIC WORKS TERRY'S ACE HARDWARE VACUUM BRAKER/DRAIN 11. 05 PUBLIC WORKS ZIEGLER, INC. FUEL GUAGE 79.88 Total for Department 300 2,714.49* Total for Fund 600 2,714.49* PUBLIC WORKS DAKOTA ELECTRI C ASSN ELEC SERVI CE 120.17 PUBLIC WORKS FLEXIBLE PIPE TOOL C TIGERTAILS 113.78 PUBLIC WORKS MCES WASTEWATER FLOW 09/05 71,824.59 Total for Department 300 72,058.54* Date: 08/23/2005 Time: 08:25:54 Operator: LYNNE BENSON Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Fund 601 72,058.54* PARKS AND RECREATION AT&T JULY LONG DISTANCE 3.06 PARKS AND RECREATION BECKER ARENA PRODUCT RUBBER FLOORING/GLUE 1,831.45 PARKS AND RECREATION CEMSTONE PRODUCTS CO CONCRETE SEALER 226.85 PARKS AND RECREATION R & R SPECIALITIES, 02 ZAMBONI PARTS 663.76 PARKS AND RECREATION TERRY'S ACE HARDWARE NOZZLE GUN WATER HOSE 5.31 PARKS AND RECREATION XCEL ENERGY JULY ELEC 11 7 . 54 Total for Department 401 2,847.97* Total for Fund 615 2,847.97* PUBLIC WORKS AT&T JULY LONG DISTANCE 1.38 PUBLIC WORKS FEDERAL ENERGY REG.C ADMIN CHARGES-DAM 21,774.85 PUBLIC WORKS TERRY'S ACE HARDWARE CLIPS/SPOT LIGHT 32.45 Total for Department 300 21,808.68* Total for Fund 620 21,808.68* PLANNING BDM CONSULTING ENGIN CONAGRA RETAINING WALL R 125.00 PLANNING BDM CONSULTING ENGIN GRIESLADS WHISPERING MEA 1,000.00 , PLANNING BDM CONSULTING ENGIN SEAS REVIEW 375.00 PLANNING BDM CONSULTING ENGIN UBC REVIEW 437.50 , , PLANNING BDM CONSULTING ENGIN WNS ADDITION-MARKUSON' 375.00 . Total for Department 150 2,312.50* . HOUSING AND REDEVELO EHLERS & ASSOC / SHERMAN DEVELOPMENT AGRE 637.50 Total for Department 500 637.50* Total for Fund 807 2,950.00* Grand Total .. 240,925.65* I Qtyof H1sti95 _r011" . - Nemmim To: City Council From: Becky Kline, Finance Department Date: 8/30/2005 The attached Department Report itemizes vouchers that were paid on August 30, 2005. Thank you. Date: 08/30/2005 Time: 07:46:58 Operator: BECKY KLINE Page: 1 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- ---- - ---- ---- -- - - --- ------------------------ -------~---- L.E.L.S. AUGUST DUES 592 .00 LOCAL UNION 49 AUGUST DUES 300.00 LOCAL 320 AUGUST DUES 559.00 MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 96.00 MN CHILD SUPPORT PMT C PUCH 00138614701, 0000 460.54 MN CHILD SUPPORT PMT T CONNELL 001435452601 238.57 TEAMSTERS 320 WELFAR AUGUST DENTAL 520.00 Total for Department 000 2,766.1P COUNCIL AND MAYOR DELL DIRECT SALES L. POWER VAULT SCSI STORAGE 5,943.82 COUNCIL AND MAYOR SPRINT AUGUST PHONE 13 .15 Total for Department 102 5,956.97* ADMINISTRATION GEO JOB SOURCE JOB LISTING/GIS CADD TEC 99.00 ADMINISTRATION GISJOBS.COM GIS/CADD AD/EMAIL ADV 100.00 ADMINISTRATION METRO AREA MNGR ASSN LUNCHEON 8/18 OSBERG 18.00 ADMINISTRATION OFFICE MAX - A BOISE CLEANING WIPES 31. 89 ADMINISTRATION OFFICE MAX - A BOISE PAPER/CLIPS/PADS/BATTERI 514. 00 ADMINISTRATION OFFICE MAX - A BOISE PINK PAPER 12.77 ADMINISTRATION SPRINT AUGUST PHONE 203.24 Total for Department 105 978.90* CITY CLERK ALLINA MEDICAL CLINI YOUNG/ PRE-EMP 75.00 CITY CLERK LABORATORY CORPORATI DRUG SCREENING-CERNOHOUS 36.75 CITY CLERK LABORATORY CORPORATI DRUG SCREENING-LIKES 36.75 CITY CLERK LABORATORY CORPORATI DRUG SCREENING-PEINE 36.75 CITY CLERK LABORATORY CORPORATI DRUG SCREENING-WOLFE 36.75 CITY CLERK SPRINT AUGUST PHONE 13 .15 Total for Department 107 235.15* FINANCE SPRINT AUGUST PHONE 99.08 FINANCE WORK CONNECTION INC WEEK END 8/14 - A KAISER 300.30 Total for Department 120 399.38* LEGAL FLUEGEL & MOYNIHAN P AUGUST LEGAL FEE 11,250.00 Total for Department 130 11,250.00* MAINTENANCE JOHNSTONE SUPPLY RETURN DUCTS IT SVR ROOM 112.16 MAINTENANCE MENARDS PLUMBING SUPPLIES - CH 10.58 MAINTENANCE NALCO COMPANY BIOCIDE OF AHU'S IN PD & 217.59 MAINTENANCE NEXTEL COMMUNICATION CELL PHONE SERVICE 43.58 MAINTENANCE ORKIN PEST CONTROL PEST CONTROL SERVICE 94.04 MAINTENANCE SPRINT AUGUST PHONE 42.33 MAINTENANCE T .D. . S CLEANING AUGUST CLEANING-PD 1,150.80 MAINTENANCE TOWER CLEANING SYSTE CLEANING - CH 1,196.21 MAINTENANCE TOWER CLEANING SYSTE CLEANING LEDUC 527.18 MAINTENANCE VOSS LIGHTING LIGHTS 314 . 18 Total for Department 140 3,708.65* PLANNING SPRINT AUGUST PHONE 65.73 Total for Department 150 65.73* Date: 08/30/2005 Time: 07:46:58 Operator: BECKY KLINE Page: 2 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- ------------------~- ------------------------ ------------ M.1.S. DELL DIRECT SALES L. WEB SERVER 4,121.58 M.1.S. ELEMENT K DELAWARE WINDOWS PRO SUBSCRI PTION 137.00 M.1.S. INSIGHT PUBLIC SECTO CAT5 CABLES (25 PK) 36.79 M.1.S. OFFICE MAX - A BOISE OFFICE SUPPLIES 145.12 M.1.S. OFFICE MAX - A BOISE OFFICE SUPPLIES CREDIT -60.86 M. 1.S. OFFICE MAX - A BOISE STAPLER 10.64 M.I.S. SPRINT AUGUST PHONE 26.29 Total for Department 160 4,416.56* POLICE ASSOCIATED SALES & B HEATING ELEMENT EVIDENCE 231.37 POLICE GRAPHIC DESIGN EVIDENCE LABELS 149.10 POLICE GRAPHIC DESIGN NO PARKING SIGNS 193.83 POLICE MOBILE VISION INC SQUAD VIDEO CABLE CONNEC 134.09 POLICE NEXTEL COMMUNICATION CELL PHONE DRUG TASK FOR 51. 39 POLICE REGINA MEDICAL CENTE BLOOD DRAW 05007110 70.25 POLICE SPRINT (CELL PHONES) MDT VISION CARD CONNECTI 1,132.86 POLICE SPRINT AUGUST PHONE 674.31 POLICE STREICHER'S FUSES 196.87 POLICE VALLEY SALES OF HAST REPAIR SQUAD 1403 196.66 POLICE WALMART COMMUNITY SUPPLIES 52.94 POLICE WALMART COMMUNITY SUPPLIES/FITNESS ROOM 275.84 Total for Department 201 3,359.51* BUILDING AND INSPECT BDM CONSULTING ENGIN CREDIT OVERCHG INV 70501 -1,680.00 BUILDING AND INSPECT BDM CONSULTING ENGIN CREDIT OVERCHG INV 70501 -275.00 BUILDING AND INSPECT BDM CONSULTING ENGIN FINAL GRADE 6,930.00 BUILDING AND INSPECT BDM CONSULTING ENGIN TOP OF BLOCK VERIFlCATIO 770.00 BUILDING AND INSPECT SPRINT AUGUST PHONE 80.88 Total for Department 230 5,825.88* PUBLIC WORKS TIGER CORP ARM 54.80 PUBLIC WORKS SPRINT AUGUST PHONE 370.01 Total for Department 300 424.81* Total for Fund 101 39,387.65* PARKS AND RECREATION IND. SCHOOL DISTRICT PAPER 21.80 PARKS AND RECREATION LEEF BROTHERS, INC. LAV & SHOP TOWELS 51. 87 PARKS AND RECREATION LET'S PLAY HOCKEY AD FOR FALL SOFTBALL 54.60 PARKS AND RECREATION LOCAL UNION 49 AUGUST DUES 120.00 PARKS AND RECREATION MTI DISTRIBUTING COM O-RING 14 .62 PARKS AND RECREATION NEXTEL COMMUNICATION CELL PHONE SERVICE 306.64 PARKS AND RECREATION SPRINT AUGUST PHONE 566.50 PARKS AND RECREATION S & T OFFICE PRODUCT NRRC NAMEPLATE-ROHLOFF 22.84 PARKS AND RECREATION TOWER CLEANING SYSTE CLEANING SERVICE PARKS 500.55 PARKS AND RECREATION WALMART COMMUNITY PARTY WAGON SUPPLIES 67.44 PARKS AND RECREATION YOCUM OIL CO INC DIESEL FUEL-600 GALLONS 1,382.50 Total for Department 401 3,109.36* Total for Fund 200 3,109.36* Date, 08/30/2005 Time: 07,46,58 Operator, BECKY KLINE Page' 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount - - -------- - --------- -------------------- ------------------ - - - - - ~ - - - - - - - - -- PARKS AND RECREATION BUDWORTH, TRACEY SWIM LESSON REFUND 72.00 PARKS AND RECREATION GROTH, JESSICA SWIM LESSON REFUND 36.00 PARKS AND RECREATION NOTCH, KELLY SWIM LESSON REFUND 33.00 PARKS AND RECREATION AQUA LOGIC, INC- CHEMICALS 1,194.92 PARKS AND RECREATION DJAY SOUND & LIGHT S AUGUST 12 TEEN NIGHT 525.00 PARKS AND RECREATION FIRST LINE BEVERAGES CONCESSION SUPPLIES 2,420.62 PARKS AND RECREATION SPRINT AUGUST PHONE 121.69 PARKS AND RECREATION STATE SUPPLY CO BATHROOM SUPPLIES 95.53 PARKS AND RECREATION VISTAR CORPORATION CONCESSION SUPPLIES 494.41 PARKS AND RECREATION WALMART COMMUNITY CONCCESSION SUPPLIES 55.41 PARKS AND RECREATION WALMART COMMUNITY CONCESSION SUPPLIES 27.88 PARKS AND RECREATION WALMART COMMUNITY SUPPLIES 45.56 Total for Department 401 5,122.02' Total for Fund 201 5,122.02' CABLE SPRINT AUGUST PHONE 13.15 Total for Department 420 13.15' Total for Fund 205 13.15' HERITAGE PRESERVATIO MN HISTORICAL SOCIET PRES CONF-B ST. JAMES 76.50 HERITAGE PRESERVATIO PRESERVATION ALLIANC PRES AWARDS DINNER B ST. 40.00 HERITAGE PRESERVATIO SPRINT AUGUST PHONE 13 .15 Total for Department 170 129.65' Total for Fund 210 129.65' LOCAL 320 AUGUST DUES 362.00 MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 64.00 Total for Department 000 426.00' FIRE SPRINT AUGUST PHONE 485.87 Total for Department 210 485.87' Total for Fund 213 911.87' PARKS AND RECREATION HOISINGTON KOEGLER G PK PLANNING-RlVERWooD 891.25 PARKS AND RECREATION HOISINGTON KOEGLER G PK PLANNING-SO PINES 891.25 Total for Department 401 1,782.50' Total for Fund 401 1,782.50* CITY CLERK INCODE / CMS DIVISIO INSTALL HR PACKAGE 3,186.48 Total for Department 107 3,186.48' FINANCE INCODE / CMS DIVISIO FINAL INSTALL NEW SOFTWA 42,239.01 FINANCE INCODE I CMS DIVISIO PAYROLL TRAINING 4,892.33 FINANCE INCODE I CMS DIVISIO UTILITY BILLING TRAINING 3,952.54 Total for Department 120 51,083.88* Date, 08/30/2005 Time, 07,46,58 Operator, BECKY KLINE Page, 4 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- --- -- - - ----- -------- ------------------------ ------------ PUBLIC WORKS TKDA ENGINEERS PROF SVCS - SALT SHED 1,141.24 Total for Department 300 1,141.24* PARKS AND RECREATION PAINTING BY NAKASONE PREP/PAINT WEST ARENA CE 16,200.00 Total for Department 401 16,200.00* Total for Fund 403 71,611.60* HOUSING AND REDEVELO BRADLEY & DEIKE PA HARRINGTON LOAN 187.50 HOUSING AND REDEVELO SPRINT AUGUST PHONE 13 .15 Total for Department 500 200.65* Total for Fund 404 200.65* ECONOMIC DEVELOPMENT BRADLEY & DEIKE PA LEGAL FEES UBC LAND/RELO 75.00 Total for Department 180 75.00* Total for Fund 407 75.00* PUBLIC WORKS LOCAL UNION 49 AUGUST DUES 60.00 PUBLIC WORKS MN DEPARTMENT OF HEA 3RD QTR PMT MN TESTING F 8,963.00 PUBLIC WORKS MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 16.00 PUBLIC WORKS SPRINT AUGUST PHONE 277 . 99 PUBLIC WORKS T .D. 'S CLEANING AUGUST CLEANING-PW 319.50 PUBLIC WORKS TKDA ENGINEERS PROF SERVICES-WELLS 1,143.30 PUBLIC WORKS U.S. POSTMASTER POSTAGE 790.27 PUBLIC WORKS WALMART COMMUNITY DEHUMIDIFIER/ BATTERIES 145.60 PUBLIC WORKS WALMART COMMUNITY SUPPLIES 100.98 Total for Department 300 11,816.64* Total for Fund 600 11,816.64* PUBLIC WORKS WALMART COMMUNITY TAPES 11.65 Total for Department 300 11.65* Total for Fund 601 11.65* CITY CLERK BOYER FORD TRUCKS REMAN PUMP T-4 312.19 CITY CLERK BOYER FORD TRUCKS THERMOSTAT T-4 31.19 CITY CLERK LOCAL UNION 49 AUGUST DUES 120.00 CITY CLERK MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 16.00 CITY CLERK MOTOR PARTS SERVICE SWING HANGER T-4 REPAIR 17.47 CITY CLERK NEXTEL COMMUNICATION CELL PHONE SERVICE 41. 44 CITY CLERK SPRINT AUGUST PHONE 23.40 CITY CLERK WALMART COMMUNITY CELL PHONE CORD 7.92 Total for Department 107 569.61* Total for Fund 610 569.61* PARKS AND RECREATION MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 16.00 Date, 08/30/2005 Time: 07,46,58 Operator, BECKY KLINE Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount ---- --- - - - ------- --- ----- - --- --------- -- ------------------------ ---------~-- PARKS AND RECREATION SPRINT AUGUST PHONE 394.27 Total for Department 401 410.27* Total for Fund 615 410.27* PUBLIC WORKS LOCAL UNION 49 AUGUST DUES 30.00 PUBLIC WORKS MINNESOTA NCPERS AUG DEDUCTIONS-SEPT PREM 16.00 PUBLIC WORKS SPRINT AUGUST PHONE 42.33 Total for Department 300 88.33* Total for Fund 620 88.33* HOUSING AND REDEVELO BRADLEY & DEIKE PA SHERMAN DEV AGREEMENT LE 3,126.69 HOUSING AND REDEVELO BRADLEY & DEIKE PA SHERMAN DEVELOPMENT AGRE 112.50 Total for Department 500 3,239.19* Total for Fund 807 3,239.19* Grand Total 138,479.14* VI-1 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR A GRANT TO THE FIRE DEPARTMENT WHEREAS, Metropolitan 911 Board has presented to the City Fire and Ambulance Department a grant of $2,620 and have designated it for the purchase of AED's in the Officer Vehicles, and WHEREAS, the City Council is appreciative of the grant and accepts the grant for the purpose of purchasing AED's for the Fire department's officer vehicles, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the grant is accepted and acknowledged with gratitude; and 2. That the grant will be appropriated for two AED's. 3. Approval of budget adjustment in the Fire department's budget. Adopted this 6th day of September, 2005 Ayes: Nays: Absent: Michael Werner, Mayor Attest: Melanie Mesko Lee, Administrative Assistant/City Clerk (Seal) - ~~c ." -: ....~:ii;&; ~ .. -.r~ 1_._ II' " ""T' .II' __ -- ....... -~ VI.2 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION FOR A DONATION TO THE FIRE DEPARTMENT WHEREAS, CF Industries, Inc presented to the City Fire and Ambulance Department a donation of $1,000 and have designated it for the appropriation of sending one of our fire fighters to a training course on fire fighting, and WHEREAS, the City Council is appreciative of the donation and accepts the donation for the purpose of a training course on fire fighting skills, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for two classes. 3. Approval of budget adjustment in the Fire department's budget. Adopted this 6th day of September, 2005 Ayes: Nays: Absent: Michael Werner, Mayor Attest: Melanie Mesko Lee, Administrative Assistant/City Clerk (Seal) r,' __:It:.... W "l. bD__ .- ., VI.3 Date: 8/29/05 To: Honorable Mayor and City Council Members City of Hastings From: Barry Bernstein, Parks and Recreation Director Parks & Recreation Department 920 W 10th St. Subject: NRRC Vacancy Hastings, MN 55033 Ph: (651) 480-6175 Fa-x: (651)437-5396 Background Information: www.ci.hastings.mn.us Dennis O'Melia has resigned from the NRRC. I am asking City Council to allow me, as the Parks and Recreation Director, to advertise for a replacement Aquatic Center member. 901 Maple 8t. Hastings, MN .55033 Ph: (651) 480-2392 Fax: (651) 437-5396 Council Action Requested: 1. To approve placing an advertisement. 2. Not to approve placing an advertisement. Civic Arena 2801 Redwing Blvd. REF: City Council/memo NRRC member vacancy 2005 Hastings, MN .55033 Ph: (651) 480-6195 Fax: (651) 437-4940 VI-4 MEMO TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director RE: Public Hearing-Ordinance Amendment 2005 - -Utility Billing DATE: August 12, 2005 REQUEST: The City Council is asked to hold a public hearing to review the following amendment to the City Ordinance related to Utility billing Customers. 1) Amended Chapter 12, Section 12.04 Subd.8(A) 2) Amended Chapter 12, Section 12.04 Subd. 8(8) RECCOMMENDA TION: Currently the City bills the City's Utility charges to either the tenant or the owner based upon the wishes of the owner of the property. The area of concern is when a tenant leaves a unit with an unpaid final bill. The City tries to collect this bill from the owner and when unsuccessful we then turn it over the County for assessment against the property. The law is unclear if this is legal or not. Many cities are now changing the way they do business with rental accounts. We wish to do the same. The proposed ordinance amendment will require the water bill to be in the name of the property owner. The city council is being asked to approve the first reading and schedule a public hearing for the October 17,2005 council meeting. We want to give ample notice to all rental property owners of this proposed change. Savings to the City will be: 1. Time spent by city staff processing requests for a final reading - from receiving original request to billing these finals. 2. Time spent by the Public Works employees going out to acquire final readings. 3. Removing rental finals will in turn mean less delinquent accounts going through the assessment process. 4. Clearing up the liability issue of whose bill it is. Can the City assess the landlord for bill that is in the tenants name? The law is unclear at this time There will be a loss of revenue of $25.00 that is assessed for each time an account is finalized out, but I believe our savings in time spent on this outweighs the loss of revenue. Attachment: Ordinance Amendment ORDINANCE NO. - SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS AMENDING CHAPTER 11 TO MODIFY THE DEFINITION OF CONSUMER AND TO MODIFY THE DELINQUENCY PERIOD NEEDED BEFORE CERTIFYING UNPAID UTILITY BILLS TO THE COUNTY AUDITOR. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: I. HASTINGS CITY CODE CHAPTER 12.01 SUBDIVISION 4 IS HEREBY AMENDED TO READ AS FOLLOWS: 12.01 Subd. 4. The terms consumer and customer shall refer to any user of a utility except when those terms are used with regards to a municipal utility, then those terms shall refer to the owner of the property being served by the municipal utility. II HASTINGS CITY CODE CHAPTER 12.04 SUBDIVISION 8 (A) IS HEREBY AMENDED TO READ AS FOLLOWS: 12.04 Subd.8(A). Statements for municipal utility charges shall be rendered to the consumer at the usual times and in the usual manner. If any such municipal utility bill remains unpaid for period of more than thirty (30) days, then a statement of such delinquent and unpaid service charge shall be served by mail or personally upon the consumer. If the consumer fails or refuses to pay bills for utility charges relating to such premises within a period of thirty (30) days after statement of such charges has been duly rendered the city may disconnect and discontinue to provide utility service for such premises. IlL HASTINGS CITY CODE CHAPTER 12.04 SUBDIVISION 8 (B) IS HEREBY AMENDED TO READ AS FOLLOWS: 12.04 Subd. 8(B). Each charge levied by and pursuant to this Chapter is hereby made a lien upon the premises served by a connection to a municipal utility system of the city and located within the City; and all such charges which are more than 60 days past due, and having been properly billed to the consumer of the premises served, shall be certified by the City Clerk to the County Auditor and the City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof and the description of the premises served, the name of the owner thereof, and the amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer and paid to the City along with other taxes. IlL VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this chapter when they perform an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor. This ordinance was adopted by the Hastings City Council on this _ day of , 2005. CITY OF HASTINGS Michael D. Werner, Mayor ATTEST: David M. Osberg, City Administrator VI-5 MEMO TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director RE: Budget Transfers DATE: August 12, 2005 $20,100.00 Due to the salaries savings in the 2005 budget for Finance I am requesting a budget transfer from salaries to equipment, computers and furniture for the finance department. I would like to purchase a coin/currency counter to get away from the manual process of counting and rolling coins and currency. This would be a more efficient method of preparing the daily deposit for the bank. I would like to replace the folding machine the city currently has. No one apparently uses it as it does not work very well, thus a lot of manual folding of employee newsletters is done presently. A new machine with new technology would make the process less labor intensive. ($8.000) In the 2005 budget I replaced three office chairs I would like to replace the last two with this transfer request. ($1,200) With offices being moved around a possibility of needed an office partition or two. ($2,000) With the new computer conversion the finance department is currently implementing we found that the 17 " screens we currently have and have had for 5 and half years will not be large enough for the software to be seen fully by the user. Thus I am requesting to use some of this transfer to purchase 19" monitors for the finance staff and the cashier. ($2,400) Requesting to purchase a scanner/printer for the lazerfiching project as I want to increase the information being transferred from hard copy to electronic copy. ($3,500) Per the council meeting of June 20, the extension of the Finance department's reorganization was made. A budget transfer was not requested at that time but will be needed to fund the part-time help that was contracted earlier this year. ($3,000) Council Action Requested Authorize the above 2005 budget transfer from salaries to equipment, computer and furniture. VI.6 CITY OF HASTINGS RESOLUTION # RESOLUTION SELECTING DATES FOR THE YEAR 2006 CITY BUDGET AND TAX LEVY TRUTH IN TAXATION PUBLIC HEARING WHEREAS, the City Finance Committee members of the City Council and individual departments have met and reviewed the proposed budget for 2006, and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to select dates (that do not conflict with County, School or Special Taxing Districts public hearing dates) for a public hearing to receive pUblic comment on the proposed 2006 City Budget and Tax Levy; NOW, THEREFORE BE IT RESOLVED, that the Hastings City Council will conduct a public hearing on the proposed 2006 City Budget and Tax Levy at 7:00 p.m. on Monday, December 5, 2005 in the Council Chambers of the Hastings City Hall; and BE IT FURTHER RESOLVED, that should a continuation public hearing on the proposed 2006 City Budget and 2006 Tax Levy need to be conducted, It shall be held at 7:00 p.m. on Monday, December 19, 2005 in the Council Chambers of the Hastings City Hall. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 6th DAY OF SEPTEMBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Dave Osberg, City Administrator VI-8 MEMO TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director Kim Niederkorn, Accountant RE: Utility Billing-request for waiver of a penalty. DATE: August 24, 2005 n , J 1 Attached is a letter received by the Finance department requesting the removal of the $10.24 penalty. We have received isolated cases, such as this relating to claims of placing payment in the utility drop box but never to reach the City, however the penalties have not been waived in the past. All of the utility bills received in the drop box are receipted the next morning by the City's cashier. The only exception to this is on the penalty cut off days (usually the 20th of the month) when staff works until 5:00 pm to assure same day receipt of any bills deposited in the drop box during that day, as recommended by City Council. The City does not accept post marks, but rather the funds must be received in the office by 4:30 pm that day. The City is not in the practice of removing penalties unless there has been an error on the part of the City. Request for council action: For the above stated reasons, staff recommends for denial of the waiver of penalty. ----_"'I__~.. ...-._."~.__- ,_0' ...._ _._.... " .-.--....-... - --,..-".' -. ---._-~_._-- -. ._-' '.-._----~-_._- --'- ~ . -' . t:u?1 - ------~---_._----_._._---_.-._._-,-_._--_.. ---------- ___.__ ______uu,_.___ _ __ .._.___.._ __ ~ .. ,. - ._.-----"-. - ---.... -... --.-.-.-- -' -.. . -.. .-.--'-. - - - . 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I",. - ~l~1 BILLING DATE . . BALANCE DUE ':^) tn , ACCT NO: 1714900000 a/03/05 8/17/05 ::.". 227.58 I;....: !;...; 1'<') AFTER DUE DATE PAY CORDES JOEL tJ) e.:, 2531 D CORNELIA TR " Ld 227.58 I,"'; WOODBURY MN 55125 ...... (" I;;::; PLEASE RETURN THIS PORTION WITH YOUR PAYMENT JOEL W. CORDES · ~ 3978 LISA M. CORDES " 20~ C-632-425.887 -597 C-632.522-585-670 503 TUmE DR. PH. (651) 480-3130 ~" I HASTINGS, MN 55033 $~7 I '111 ~ fD Dollars =- --- WELLS FARGO BANK, N.A. Minneapolis, MN 55479 wellsfargo.ccm ", For r.:1:Oq ~OOOO ~ql: 39 7283353711' VI-9 MEMO TO: Honorable Mayor and City Council members FROM: Charlene A. Stark, Finance Director RE: Audit Service Contract DATE: August 24, 2005 On April 30, 1998 the Council approved an audit services policy which states that the City's finance department will rebid audit services every three years unless the option to renew services has been exercised, and then it will be six years. The current auditors Kern, DeWenter, Viere have been with the city for eight years, as the finance department requested extensions in 2003 and 2004 due to GASB 34 conversion and Lori Webster's absence. I am requesting authorization to request proposals for audit services. The request will be for a three year period beginning with the 2005 audit of the City's financial records and also the Hastings' Fire Relief Association. If you should have any questions regarding this information, please feel free to contact me. Request for council action: Authorize request for proposals for audit services. VI-10 Memo To: Mayor Werner and City Council From: Cecily Schrader, Planning Intern Date: September 6, 2005 Subject: Resolution - Final Plat #2005-57 - WILLIAMS THIRD ADDITION - Whispering Lane REQUEST Duane Markuson seeks Final Plat approval of WILLIAMS THIRD ADDITION, a residential subdivision of Lot 1, Block 1, Williams 1 st Addition containing 14 detached town home lots containing a total of 14 town home units. The property is generally located west of Whispering Lane between Crestview Drive and 4tti Street. RECOMMENDATION The Planning Commission voted 5-0-1 (Twedt abstaining) to recommend approval of the Final Plat at the August 22, 2005 meeting with limited discussion. No one from the public spoke for or against the item during the meeting. ATTACHMENTS . Resolution . Location Map . Final Plat . Application HISTORY Williams 1 st Addition Williams 1 st Addition was originally platted in 1986 as mixed use development including 177 residential units. 30 units were originally approved for the subject property. The original plan has been modified over the years as follows: . .c~ Whitcomb\Wesley Investments Proposal Jon Whitcomb of Wesley Investments received approval to construct a 30 unit, 3 story condominium building on the site on July 21, 2003, subject to a one year sunset clause. On July 21, 2004, The City Council denied Mr. Whitcombs request; voiding the original approval. BACKGROUND INFORMATION Comprehensive Plan Classification The proposal is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residence (4-8 units per acre). The proposed density is 7 units per acre. Zoning Classification The proposal is consistent with the Zoning Classification. The property is zoned R-3\PRD - Residential Medium\High Density. The site is part of the Williams 1st Addition Planned Residence Development (PRO). A PRO allows for clustering of units to transfer density throughout a site. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existina Use Zonina Comp Plan North Lawrence Condo R-3 - Med\High Density U-II (Res 4-8) East Whispering Lane Single Family Homes R-3 - Med\High Density U-II (Res 4-8) South Hope Lutheran Church R-1 - Low Density U-II (Res 4-8) West Summit Hts Townhomes R-3 - Med\High Density U-II (Res 4-8) Existing Condition The site is vacant, open, and treeless. The majority of the site gently slopes from north to south east. The southeast corner has the most significant drop in elevation. FINAL PLAT REVIEW Preliminary Plat The Ci~ Council approved the Preliminary Plat for Lot 1 , Block 1, Williams 1 st Addition on July 18 ,2005. The Final Plat is mostly consistent with the Preliminary Plat. The lot sizes for Lots 12, 13 and 14 in the Final Plat have changed slightly from the Preliminary Plat. Streets, Access, and Circulation No public streets are proposed for the plat. A 28 foot wide, dead-end private street is proposed to access the lots. The private drive would access Whispering Lane directly across from the driveway at 325 Whispering Lane. The lot is developed on all four sides with no other opportunities for street connection. Williams Third Addition - Final Plat #2005-57 City Council Memo - September 6, 2005 Page 3 Street access and circulation is acceptable with the following modifications: 1) The proposed street shall be privately owned and maintained through a home- owners association. The City of Hastings shall not be responsible for the maintenance of the roadway. 2) Parking along the private drive shall be restricted to one side only. 3) The private street shall be constructed to city standards including bituminous surfacing and concrete curb and gutter. Association Documents and Covenants Association documents and covenants will need to be recorded with the Final Plat to ensure maintenance of all common items including open space and common drives. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control,and Utility Plans. Approval of the Final Plat is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Park Land Dedication Park land dedication was satisfied during the Williams 1st Addition plat in 1986. No additional park fees are required. Interceptor Sewer Fee Sewer interceptor fees were satisfied during the Williams 1 st Addition plat in 1986. No additional fees are required. RECOMMENDED ACTION: Approval of the Final Plat of WILLIAMS THIRD ADDITION subject to the following conditions: 1) Adherence to the approved Preliminary Plat and conditions of approval. 2) 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. Williams Third Addition - Final Plat #2005-57 City Council Memo - September 6, 2005 Page 4 3) The proposed street shall be privately owned and maintained through a home- owners association. The City of Hastings shall not be responsible for the maintenance of the roadway. 4) Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of platting activities. 5) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 6) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to release of the Final Plat mylars for recording. 7) The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. 8) A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars for recording to ensure maintenance of open space, median plantings, cul- de-sac plantings, common drives, and common utilities. The declaration shall include, but is not limited to, the following: a) A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms of the declaration. b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. c) Membership in the association shall be mandatory for each owner and any successive buyer. d) Any open space restrictions must be permanent and may not be changed or modified without city approval. e) The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. f) Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association Williams Third Addition - Final Plat #2005-57 City Council Memo - September 6. 2005 Page 5 which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes. g) The association may adjust the assessment to meet changing needs. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE FINAL PLAT OF WILLIAMS THIRD ADDITION Councilmember introduced the following Resolution and moved its adoption: WHEREAS, Duane Markuson has requested approval for the Final Plat of WILLIAMS THIRD ADDITION, a residential subdivision consisting of 14 town home lots on property legally described as Lot 1, Block 1, Williams 1st Addition, Dakota County, Minnesota; and WHEREAS, The Final Plat is consistent with the Preliminary Plat of WILLIAMS THIRD ADDITION, as approved by the City Council on July 18th, 2005; and WHEREAS, The Planning Commission reviewed the Final Plat at its August 22nd, 2005 meeting, and recommends approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL AS FOLLOWS: The Final Plat of WILLIAMS THIRD ADDITION is approved subject to the following conditions: 1) Adherence to the approved Preliminary Plat and conditions of approval. 2) 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. 3) The proposed street shall be privately owned and maintained through a home- owners association. The City of Hastings shall not be responsible for the maintenance of the roadway. 4) Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of platting activities. 5) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 6) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to release of the Final Plat mylars for recording. 7) The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void. 8) A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars for recording to ensure maintenance of open space, median plantings, cul-de-sac plantings, common drives, and common utilities. The declaration shall include, but is not limited to, the following: a) A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms of the declaration. b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. c) Membership in the association shall be mandatory for each owner and any successive buyer. d) Any open space restrictions must be permanent and may not be changed or modified without city approval. e) The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. f) Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes. g) The association may adjust the assessment to meet changing needs. Council member moved a second to this resolution. Adopted by the Hastings City Council on September 6, 2005 by the following vote: Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on September 6, 2005 as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 Final Plat Williams Third Addition - Duane Markuson Legend _ Buildings Roads o Parcels .__.. . .__ Map Date: August 22, 2005 N - - ,_n_._ .._, , .' . _c,,_- '. .on ,. -' : ~' W E I I _ _ _ ~ _ _ _....I , , ' , _ _ ,_' : CJWOI"IWmIICIS S ,- - ~ - - - - - , , ' , ' Site Location WilliAMS TH I RD ADDITION I hereby certify that I have lurveyed and platted the property ducrlbed on this plat IS WillIAMS THIRD ADDITION: that this plat Is . corred representation of the survey: that all distances are \ \ correctty shown on the plat In feet and hundredths of I foot; that all monuments have be.n .v, !"\ ~- .. \ corr,ctfy placed In the ground IS shown; that the olJtsld. boundary lines art correctly \ designated on the plat: and that then u. no wet lands as defined In MInnesota Statut.. 505.02 I .' ..~_.\ 889-53'51"." .. \ Subd, I or public highways to be designated other than .s shown. '.;'; I 407.66 hi ( . n.. · ' 5&.01, 2_~rx;__ ".00 9 ." .." . IJ." . "r------ \ ,.,U' ----- ----- \ -------------.-- \ . I " ,,-.,'.' ~ ~ ~ ~ ~ \ Daniel L. Thurmas, land Surveyo,. Minnesota Llcens. No. 25118 \~ :8: 5 ; < ~8 ~ ~ = 8 8, ~ ~;: ... ~ = ..-- " ' ~i 4 3 ~ i 2 1 ~. """'.- \ :t~ F .' ~ ~ C'r'iAAl.LOI"LOT" .::. '" STAn: OF MINNESOTA .~: \ .., COUNTY OF DAKOTA SJO"I)O'oro"t ... "" ..,,, ..." ".00 \ .., The foregoing Surveyor's Certificate was acknowledged before me this ____. day :!: 6 8 ~- ,..." :\; 0'__________. 2005. by Daniell. Thurmes, Land Surveyor. ':: f Htr:Ir,."t <", '" \ ". ~ t; \': :~'. ... U < BLOCK 1 15 \ ------ ~; :'. D ........- :\: ~I~ """'.- Notary 'ubllc. Dakota County, Minnesota. OVIII:HJ.OfoLDT$ ,', \ ~ :..- S41'5I'oI.... My Commission Expires ___, (:: 7 .--- ,..." \ "" ..,,, "" 'i~ ( ~~ ,-. \ PIANNINC COMMISSION OF HASTlNCS. MINNESOTA eM" !i ~ ~ .::.. \ Approyed by the Planning Commission of the City of Hastings, Minnesota, at a regular meeting MI '" .~ .~ 11 thereo', on the ____ day of ______.200__. 9 10 ~~ \ '~ ~ ~ ~ .. \ ay________. Chair, By_________. Secretary ".. ;-:..-;,-- ..,,, '- . / 439.65 ..:':::.......~~ \ "_d_ =: ND ..__._ N8S'SS'S, "8 ~r \ cm COUNCIL OF HASTINCS. MINNESOTA !;C.:iUl..fACrfE:"l:' :mD ADD/nON \ \ w. do hereby certify that on the ___ day of ww_w...__.._______, 200___ the City Council of Hastings, Minnesota appro....ed this plat. I \ KNOW ALL PERSONS BY THESE PRESENTS: That Duane L. Markuson and Marcella By__.._______.Mayor, By_______. Clerk feATI-EQ.'TM- ~~p .~IWG . M. Markuson. husband and wife, fee own.IS, (If the following described property situated In tht!l County of Dakota, State of ~Inn.sou., to wit: DAKOTA COUNTY SURVEYOR r---T Pursuant to Section 383D. 6S Minnesota Statutes, this plat has b..n approved this __.._w.. day , ' , I I. SlTr.. I NOI!TH lot 1, Block 1. WlLUAMS FIRST ADDITION, according to the recorded plat oL_____w_______. 200...._. ! ~' w. '" ~\I. '~ . 4. ". thereof, Dakota County, Minnesota. , ' ii' rv-w -..--------.....--- fm,.- i ~ Have caused the same to b. surveyed and ::tl.,ttt:d as WILLIAMS THIRD ADDmON Todd B. Tollefson, Dakota County Surveyor : : : SCALE IN FEET and do hereby donate and dedicate tCi the public for the public use forewr the I ,\t> I ,\t< I easements as shown on this plat for drainage and utility purposes. I c,'" ,of , DAKOTA COUNTY TREASURER-AUDITOR L____i._._-.J ORAINAC( AND IIT1UTY W04IHT5 In witness whereof said Duane l. Markuson and Marcella M. Markuson, husband I hereby certtfy that the taxes tor the year of 200__ for the land described on this plat as YICMT'f .... AU. SHOWN AS 'nt1J5: and wife, fee owners, have hereunto set their hands this_day WILLIAMS THIRD ADDITION have been paid and no delinquent taxe, are due and transfer SECTION 21, TOWNSHW 1 15 ,lANCE 17 entered on this ______ clay of.._____________. 200~__. ~ACOUNTY.IIIIHNISOTA .f______.___, 200S. (NOSCW) _~"l____[~_ --------------..- t t County Treasurer-Auditor, Dakota County. Minnesota By: ________..._____ ------------------ IIINCIOfftTIHWID'nf.IJHLESSO'1'I1!11W1S! Duane l. Markuson Marcella M. Markuson, DAKOTA COUNTY RECORDER INDtCATtD. AND ADJOININC AW LOT I,JIIES /ltJ Document Number__..______w_____ SHOWN ON TMI: ......T. STATE OF ______ I hereby certify that this instrument was fil.d In the office of the County Recorder for record on DRAiNAC! AND UTlUTY WEMENTOVEJI, ALl. Of' COUNTY OF _____. this _______ dav 0'-______..______, 200_....., at__.._____ o'clock __w.M. and was duly LOT I 5, lLOCK 1 The foregoIng Instrument Wb.S acknowledged before me thls____day recorded In kok ______ of ________ on paglww_..___' 0'-_______, 2005, by Jon Duane L. Markuson and Marcella M. Markuson, . Q(HQttS1/2INCHMOHUMENTFOUNO husband and wlf.. -------------------------- County Recorder, Dakota County, Minnesota o DEHO'1U SIT 1/2 INCH I'r 14 INCH IRON MQNUMtNT ______________.._______w M.UIW) R.L.S. NO. 2571' UNLfSS OTHUWISE SHOWN CORNERSTONE Notary Public,_______County, __ __"_I THEW!STUNI Of: LOT 1.1LOCIC. I, WIU.IAMS My Commission Explres_____ fiRST ADDmON IS ASSUMED TO HAVE A IfAAIHC LAND SUFt.VEVINC. INC OF SOO"OO'OO"I Ja:x;; - S-7 LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: z.;rt> ..;..- wh:Sf"""2 L4,....--t /-01" I BlocK I W : I ( I II-M ~ J~q cJd' , Legal Description of Property: - 19 ' T. Q~ Applicant: Owner (If different from Applicant): Name D ~l M A/'K....v~..-> Name Address I {p I-t~ I vt-rr' fI. r Ii- Address NA~T.'~(' WI"/ <~tJ33 Phone ~12.9J'7-~JI~ Phone Fax f.r; <t, - q 3 7 - ) 79 J Fax Email D M Iv" It( <./fq...) Q uS P~,./ '1" Jc/( r Email Description of Request (include site plan, survey, and/or plat if applicable): If: ; ,;J n- l.- f i4 r Check applicable box(es): Note: All fees and escrow amounts due at time of application. -" \.7 Final Plat $600 Administrative Lot Split $50 Minor Sub. $500 Comp Plan Amendment $500 Rezone $500 House Move $500 Spec. Use $500 Lot Line Adjustment $50 Variance $250 Vacate ROW/Easement $400 Annexation $500 plus legal expenses EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) Site Plan $500 plus escrow: - 0 - 5,000 sJ.: $1500 (Engineering) - 5,000 - 10,000 s.1.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.1.: $3250 ($750 Planning + $2500 Engineering) - 50,000 sJ. +: $4000 ($1000 Planning + $3000 Engineering) TOTAL: SI~icant Date Signature of Owner Date J) ~ V-f-Cl5""" Applicant Name and Title - Please Print Owner Name - Please Print Official Use onl~ :)'tJ ;^~111~ gl810s 4/2312003 File #d-OO - 5 7 Rec'd By: Date Rec'd Fee paid~ Receipt # IS)S G13() App. Complete VI-11 CITY OF HASTINGS RESOLUTION # RESOLUTION ADOPTING THE PROPOSED 2006 CITY PROPERTY TAX LEVY WHEREAS, the Finance Committee has met to discuss a proposed 2006 City Levy; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a proposed Property Tax Levy to the County Auditor by September 15, 2005 for the 2006 budget and levy year; and WHEREAS, the Finance Committee of the City Council has directed staff to prepare this resolution resulting in a 2006 Proposed Property Tax Levy; and, NOW, THEREFORE BE IT RESOLVED, that the proposed Property Tax Levy of the City of Hastings, for the 2006 City Budget to be Certified is hereby adopted as follows: Proposed Levv * Proposed "General "Levy $ 7,752,708 Proposed Debt Levy 2.280.000 Total Proposed Tax Levy 10,032,708 * Amount Certified to the State of Minnesota, and to Dakota and Washington County Auditors. This is the amount the Counties will use for the calculations of the Truth in Taxation notices mailed to property owners in mid November - December 2005. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 6th DAY OF SEPTEMBER, 2005. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Dave Osberg, City Administrator VI-12 Memo To: Mayor Werner and City Council From: Cecily Schrader, Planning Intern Date: September 6, 2005 Subject: First Reading I Order Public Hearing - Chapter 10 Ordinance Amendment #2005-54 Landscape Standards, Chapter 10, Section 10.29. REQUEST The City Council is asked to consider first reading and schedule a public hearing to adopt the attached amendment to the Hastings City Code, Chapter 10.29, Landscape Standards. This addition to the Zoning Ordinance will establish landscape standards for new commercial, industrial, multiple residential and institutional developments. At present, landscape requirements for new development are determined on a case by case basis. The Planning Department would like to establish landscape standards to provide developers with clear guidelines about the City's landscape requirements at the outset of the development process and to streamline site plan review. The standards were developed in consultation with the Parks Department and are comparable with landscape standards in neighboring communities. Upon consideration of first reading, second reading and a public hearing would be scheduled for October 3, 2005. RECOMMENDATION The Planning Commission unanimous!/' recommended adoption of Chapter 10.29, Landscape Standards, at its August 22" meeting. No one from the public spoke for or against the ordinance during the public hearing. ATTACHMENTS . Draft of Section 10.29, Landscape Standards 1 ST READING DRAFT September 6, 2005 ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA ADOPTING CHAPTER 10, SECTION 10.29 OF THE HASTINGS CITY CODE PERTAINING TO: BE IT ORDAINED by the City Council of the City sti s follows: Sections 10.29 of the Hastings City code is ~~d as follows. SECTION 10.29 LANDSCAPE STAND SUBD. 1. INTENT AND PURPO landscaping and greenery in bo Landscaping and screening provl health safety benefits. The provisi A. B. SUB LA . detailed landscape plan must be submitted to the Plan the following cases: . WitH . for new development requiring site plan review; . When made to an existing landscape plan on file with the City; or . With any ap ication for additions or modifications to existing development that physically impacts existing landscaping or screening. Landscape plans shall be prepared consistent with the general site plan requirements in Section 10.27. The applicant shall submit a landscape plan prepared by a landscape architect, nursery designer or other qualified person. Landscape plans shall be reviewed and approved by the Planning Department. A. When a landscape plan is required, the following information shall be included: 1. General Information: a) Name of project, owner and developer and street address of project. b) Name, address, phone number of plan preparer and, if applicable, Minnesota license / certification number of the Landscape Architect or Certified Nursery and Landscape Professional (CNLP). c) A design narrative that includes text and / or graphics that provide detail on the design concept employed and key features of the landscaping design. The narrative should addre . the relationship of the proposed design with the surrounding pro . ."''-, s, a description of special purpose plantings such as screenin sion control, and methods of attaining year-round interest.. 2. e) f) g) h) anting instructions i) g or proposed features that relate to or affect site caping. B. Individual single- amily and two-family residential home sites shall be exempt from the general landscaping criteria unless it is otherwise specified in this Section. C. Ecological Function. In its "review of landscaped areas the Hastings Planning Department and Planning Commission shall include consideration of the following: 1. Interception and filtration of precipitation and stormwater through maximizing multiple-layered vegetative cover. 2. Reduction of reflectance and urban heat islands through increasing canopy cover. 3. Conservation of energy through strategic shading and the use of windbreaks. 4. Conservation of water through xeriscaping design strategies including using decorative rock as ground cover, limiting turf areas, selecting low- water-use plants and designing efficient irrigation systems. 5. Selection and placement of plant materials to limit required maintenance of landscaped areas. 6. Preservation or restoration of natural amenities. SUBD. 3. REQUIRED LANDSCAPING AND SCREE . Mixed Use (RMU), public streets. , over and Iso be per 1 ,000 square feet of Developable 3. landscaped area shall be covered with turf grass, her perennial flowering plants, vines, shrubs or trees. 4. , scaping Area is defined as the total area of a developm . e or phase minus the portion of area within: a) A nat ral waterbody b) A protected wetland c) A scenic easement C. Required Perimeter Screening. 1. Perimeter screening designed to buffer incompatible uses is required: a) Along any off street parking area containing over six (6) parking spaces that is adjacent to a site that is residentially used and either residentially zoned or guided. b) Along any driveway to an off street parking area containing over six parking spaces when the driveway is adjacent to a site that is residentially used and either residentially zoned or guided. c) On commercial and industrial sites, along any property line that directly abuts a site that is residentially zoned or guided and along any side or rear property line that faces across a street a site that is residentially used and either residentially zoned or guided. d) Where required by the City Council through a condition of approval. 2. Landscaping must be provided around exterior storage, service and mechanical areas to screen the uses from view by a . acent property or ,@ streets. a} Screening may consist of fences, walls, plantings. .f, b} If landscaping is used, twenty-five , plantings. c} Walls must be compatible wit principal structure. 3. Where screening is required by tti shall be six (6) feet in height unless screening shall be at leas . (50) per throughout the year, unle . ise spe be specified by one (1) or ,'on of f a} A decorative fence b} A maso c} A hed A ., caped ya t least ten (10) feet wide along the public street or side 2. Screen ng of a masonry wall, decorative fence, hedge or combinatl reof that forms a screen between three (3) and four and one-half (4. 'feet in height at planting and not less than fifty (50) percent opaque. Screening six (6) feet in height and not less than fifty (50) percent opaque is required in areas devoted principally to the parking or loading of trucks or commercial vehicles. 3. One tree shall be provided for each fifty (50) linear feet or fraction thereof of parking or loading area lot frontage. 4. In addition to perimeter landscaping, parking lots for more than twenty-five (25) cars shall contain planted islands. a) A minimum of one interior planting island tor every twenty-five (25) parking spaces shall be dispersed throughout the parking lot. b) Each interior island shall have a major tree of at least twenty (20) feet at maturity and surrounding ornamental landscape plantings. c) A minimum of seventy (70) percent of every interior planting island shall be planted with live plant material, such as trees, shrubs, ground cover, or turf grass. SUBD. 4. PLANTING SPECIFICATIONS A. Minimum Tree Size. Required trees must meet the fo standards: 1. Overstory trees and single stem ornamental . and one half (1.5) caliper inches at plantil) . 2. Evergreen and multi-stem ornamental s must be . ..~~t height at planting. 3. Shrubs must be at least eighteen, except for low, creeping shrubs. er than three (3) feet from nted to conflict with 2. 3. C. Materia 1. All plan shall be indigenous to the hardiness zone of the area in which the located. 2. Not more th [h fifty (50) percent of the required number of trees shall be composed of one species. 3. No required trees shall include: a) Box elder. b) Any female Ginkgo. c) Seedling cottonwood. 4. Other materials may be restricted at the discretion of the City Forester. SUBD. 5. MAINTENANCE A. Surety. To ensure that landscaping and screening is installed as proposed and survives through at least one full growing season, a landscape performance surety must be submitted prior to issuance of building permits for new development where a landscape plan is required. 1. A landscape surety for providing, installing and warranting typical landscaping and screening materials must be submitted in the amount of 125% of the value of the proposed landscaping. 2. Once the landscaping and screening has been in pl. e for one year, Planning Department staff will review the landsc on site. If site conditions match the approved landscape pia all material is healthy, the surety will be released. If landscaping 0 g is missing or incorrectly placed or some material is not i ealt ndition, the owner will be contacted and given an opportu ., o correct t issues. Once the issues are resolved, the landsca . rety will be rei C. Structure Mainte screen. structures such as fences and walls must b ition, free of graffiti, peeling paint, decay or warpin eded and replaced periodically to maintain a structu A. ye . [on. When either full redevelopment of a site is propo at wo . d increase total floor area on a site by twenty- five (25) landscape plan for the entire site, demonstrating compliance ments of this Section, must be submitted for approval. B. Small Addition. hen an addition is proposed that would increase total floor area of a site by less than twenty-five (25) percent, but would physically impact the existing landscape, a modified landscape plan for the portion of the site affected by the addition, demonstrating compliance with the requirements of this Section, must be submitted for approval. C. Constrained Sites. The City of Hastings recognizes that highly constrained redevelopment sites may have difficulty meeting the requirements of Section 10.29. Given that the City would like to encourage redevelopment rather than interfere with redevelopment, highly constrained redevelopment sites may seek relief from the landscape standards. In considering planned development flexibility to landscape standards, the City shall: 1. Balance the public interest in promoting redevelopment with the public interest in providing landscaping, and 2. Consider whether reduced landscaping levels are balanced by alternative methods of providing visual interest to the site including but not limited to sculpture, public art or higher quality landscaping materials. ADOPTED by the Hastings City Council on this 2005. ATTEST: Melanie Mesko Lee, City Clerk e and correct copy of an ordinance tings, County of Dakota, Minnesota, closed by the records of the City of ( SEAL) This instrument drafted by: City of Hastings 101 4th St. Hastings, MN 55033 VI.13 MEMO To: Honorable Mayor and City Council From: Tom Montgomery Date: August 31, 2005 Re: Install All-Way STOP at the intersection of Southview Dr. and Westview Dr. The intersection of Southview Drive and Westview Drive has STOP signs that stop southbound traffic on Westview Drive and eastbound traffic on Southview Drive, but there is no STOP sign to stop westbound traffic on Southview Drive. Stopping two perpendicular legs of the three legs of traffic at the intersection creates a confusing and potentially dangerous intersection. I am requesting that Council adopt the enclosed resolution that would create an All Way STOP at the inter~ec.tion of Southview Drive and Westview Drive. - ern' OF HASTlN6S ~ ~ ~ ~ ~ D D s -,j"?::- .;:. '3 '3 I. t '" 1:1) C:S 0.. 0 1:1). iIi)""! -+ ~ .~ O. ~ "'\-. .--. ~ .- ~~ o 7" '-- U) 0 .,. C) ,.. '" c> p.. _ '; ^ ~ .:s:. t\ ~ <:( VI 1:1) S 1:1) 0.. ~ 0 3 g t--' ill ('.I CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION ORDERING THE PLACEMENT OF AN ALL- WAY STOP AT THE INTERSECTION OF SOUTHVIEW DRIVE AND WESTVIEW DRIVE WHEREAS, the Hastings Public Works Director has determined that the Minnesota Manual on Uniform Traffic Control Devices minimum traffic warrants are met for the installation of an all-way STOP at the intersection of Southview Drive and Westview Drive, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; City staff is directed to install all-way STOP signs at the intersection of Southview Drive and Westview Drive. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6th DAY OF SEPTEMBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: David Osberg, City Administrator/Deputy City Clerk (Seal) VI-14 HASTINGS POLICE DEPARTMENT MEMO TO: Mayor Mike Werner Hastings City Council Members FROM: Chief Mike McMenomy lY17 DATE: August 31, 2005 SUBJECT: Consent Agenda Item Excess Property Declaration The purpose of this memo is to request Council approval to declare property recovered by the Hastings Police Department is excess property to be sold at auction. This property includes approximately 75-100 bikes that have been picked up in the past 12 months, evidence and property seized from criminal investigations including power tools, stereo equipment, speakers, radios, miscellaneous tools and other property from our evidence room which we were unable to locate an owner for or the property was unclaimed. The tentative date for the bike and miscellaneous property auction is scheduled for Saturday, October 8th. Thank you. VI-15 CITY OF HASTINGS RESOLUTION # RESOLUTION ADOPTING A PROPOSED YEAR 2006 CITY BUDGET WHEREAS, the Finance Committee of the City Council has met with individual departments and division directors to discuss their proposed 2006 budget requests. The Committee has also met to discuss and approve a preliminary year 2006 City budget and preliminary Tax Levy; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a Proposed Property Tax Levy and City Budget to the County Auditor by September 15, 2005; and NOW, THEREFORE BE IT RESOLVED, that the preliminary 2006 City's budget for the City of Hastings is hereby set at: $ 25,581,791 ADOPTED BY THE CITY COUNCil OF THE CITY OF HASTINGS, THIS 6th DAY OF SEPTEMBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Dave Osberg City Administrator VIII-A-1 MEMO To: Honorable Mayor and City Council From: Tom Montgomery Date: August 30, 2005 Re: Resolution - Restrict Parking on Summit Point Drive between the hours of 7:00 AM and 3:30 PM, School Days. Enclosed is a request from eleven property owners in the Summit Point Dr. requesting that parking on Summit Point Dr. between Glenlou Way and 4th Street be restricted during school hours. Council may recall a similar request previously approved for Glenlou Way earlier this year. Apparently the high school students that were parking on Glenlou Way have now moved to Summit Point Drive. Council is requested to adopt the enclosed resolution that would prohibit parking between the hours of 7:00 AM and 3:30 PM, on school days. - ern' OF 1III.STIN6S CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. REsOLUTION ESTABLISHING PARKING RESTRICTIONS ON SUMMIT POINT DRIVE BETWEEN GLENLOU WAY AND 4TH STREET WHEREAS, high school student parking on Summit Point Drive is creating a nuisance for abutting property owners, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; That City staff is hereby directed to place signage prohibiting parking on Summit Point Drive from Glenlou Way to 4th Street between the hours of 7:00 AM and 3:30 PM, on school days. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 7th DAY OF SEPTEMBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: David Osberg, City Administrator/Deputy City Clerk (Seal) ! EE N + 100 0 100 Feet I I I Proposed i Summit Point Dr. i i Schoor Parldng Restrictions I#L existing No Parking School Days . N Proposed No Parking School Days - Signed No Parking Petition .'11 I'",...IIA_, ~ ~ ',1.$~' ~ ' <\' l~ ~ " 1 , -r~ ~ ~ l ~ ,,~~ ~ -~~ ~ ~~ -( ~. ~ ~ \3 ~ .~~~~ N..v .......,N/'^.., ~, ".'''..... 'H",'" ., ~ ~ $. \) N..a ~ \1 PT dJR rJ \\Qb- r' . \)~ \..4:T ~ \) \J fei'( tvc,\ f>1\l\k\~ s~ ~ 0\ t)~ --------- ~ N~" 7- 'J3d rJ ') -- ~_..__.._~.--- I.~ \ ~"~,, IN'fJ bJ' F:~ i('~ d\J~\T Pr.fJA L -')$:1. S\!.....ir fr.nt. - 3~ ~\)M,,^,iT Fr.~ , - ~l .sv~tr ft~. ~ " 1S'~ SVMMIT ff.O{ "3~0).. 4'vM,"lT Pf: D~ .. ~~ jV~itfL.M, _ j~~ ~V'~~ '7 ff.DR. Do1;; c)) ;t:&:v - d 'h S UM.M:'rF>r. J)I. Ij ~ (,Cf-r: ~ ,';d ~O SVW',T ~.jJ/I.. dI- G- ~i/~ ~ J.JO ~A:iJ-:. .. -.- CITY OF August 30, 2005 HASTINGS CITY HALL Re: Parking Restrictions in Summit Point Development 1014th Street East Hastings, MN 55033-1955 651-480-2350 Fax: 651-437-7082 Dear Property Owner: www.ci.hastings.mn.us cityhall@ci.hastings.mn.us The Hastings Public Works Department has received a request Department of to post parking restrictions on Summit Point Drive to control parking by high school students during school hours. I will be forwarding this Building Safety request to the Hastings City Council for action at their September 6, 651-480-2342 2005 Council meeting. Parking is proposed to be prohibited from 7:00 Engineeringl AM to 3:30 PM on school days. Planning/HRAIHPc The Hastings City Council will meet at 7:00 PM on Tuesday, 651-480-2334 September 6 at the Hastings City Hall, 101 4th St. East, to consider this issue. You are welcome to attend. If you cannot attend the meeting but would like to comment on the proposed parking restrictions, please contact the Public Works Department at 651-480-6185, and we will Public Works forward your comments to the City Council. 1225 Progress Drive 651-480-6185 Sincerely, Parks & Recreation 920 lOth Street West 651-480-6175 Thomas M. Montgomery, P.E. Public Works Director Police 150 3rd Street East 651-480-2300 cc: Mayor and Council Dave Osberg, City Administrator Fire 115 5th Street West 651-480-6150 Civic Arena 2801 Red Wing Boulevard 651-480-6159 Aquatic Center 901 Maple Street 651-480-2392 - Hastings on the MississipPi VIII-B-1 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: 6 September, 2005 Subject: Bruce & Lisa Schlosser - Variance #2005-56 to vary from the front yard setback and to exceed 1 ,000 square feet for a detached garage to construct a garage addition at 1302 Maple St. REQUEST Bruce & Lisa Schlosser seek a 10' variance to the 20' setback requirement as well as a variance to enlarge a garage to exceed the 1,000 square feet maximum at 1302 Maple St. RECOMMENDATION : The Planning Commission reviewed this item at their August 22nd meeting. The Commission asked the applicants if they would consider removing the load bearing wall to allow the garage to be built closer to the 1,000 square foot maximum. The applicants indicated that would be cost prohibitive for them to do. The Commission voted unanimously to approve the setback variance, but unanimously to deny the variance to exceed the 1,000 square foot limit on detached garages. Staff has a split recommendation on this request. The detached garage was built in 1986 in conformance with the setback requirements at the time, therefore Staff is willing to support an addition to the garage with the reduced setbacks. Staff does not support the addition to the garage in excess of 1,000 square feet as we do not feel the hardship criteria have been met. Attached are two resolutions reflecting the Planning Commission and Staffs recommendations on this request. ATTACHMENTS . Location Map . Site Plan . Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-I - Urban Residential. Zoning Classification The subject property is zoned R-2 - Medium Density Residential. 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 Zoning Comp Plan North 13th St W Single Family HomeR-2 - Med Dens Res. U-I- Urb Res. East Maple St Single Family HomeR-2 - Med Dens Res. U-I - Urb Res. South Single Family HomeR-2 - Med Dens Res. U-I - Urb Res. West Single Family HomeR-2 - Med Dens Res. U-I - Urb Res. Existing Condition The proposed site includes a single family home with an attached one car garage facing Maple St and a detached two-car garage in the rear facing 13th St W. The existing garage was built in 1986 by the applicant, and is currently 784 sq. feet (28' x 28'). The applicant is requesting a variance to construct at 16' x 28' addition (448 sq. ft.) which would make the garage a total of 1232 sq. ft. Under the current ordinance, the maximum addition size would be 7.5' x 28' (216 sq. ft.). According to the applicant, the existing east exterior wall would not be removed, but the addition added on beyond that. On reason that this garage is running into the 1,000 sq. ft. limit is that it is deeper than a typical garage, and the existing space is wider than a typical two car garage. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for accessory structures in 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: A. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. B. The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. C. That the special conditions and circumstances do not result from actions of the applicant. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. The applicant's have submitted the signatures of several neighbors stating that they have no opposition to the request. This information is included in your packet. Staff recommends approval of the 10' variance to the required 20' setbacks, based on the following criteria: C. That the special conditions and circumstances do not result from actions of the applicant. (That the codes and ordinances have changed since the garage was constructed). Staff dos not recommend approval of the variance request to exceed 1 ,000 square feet. HASTINGS CITY COUNCIL RESOLUTION NO. 09-_ -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO THE DISTRICT LOT STANDARDS ORDINANCE FOR BRUCE AND LISA SCHLOSSER TO CONSTRUCT A GARAGE .ADDITION AT 1302 MAPLE ST, HASTINGS, MINNESOTA Council member introduced ; the following Resolution and moved its adoption: WHEREAS, Bruce & Lisa Schlosser have initiated consideration of a variance to the 20' minimum setback requirement for a garage facing the right-of-way as stipulated in Hastings City Code, chapter 10.26. WHEREAS, the property is located at 1302 Maple St, legally described as follows: The North }'2 of Lots 1 and 2, Block 13, HANCOCK THOMAS & CO ADDITION WHEREAS, on August 22nd, 2005, a review of this variance was held before the Planning Commission of the City of Hastings, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vary from Section 10.26 Residential District Lot Regulations and Section 10.06 Subd. 4 Non-Conforming Structures is hereby approved, with the following conditions: 1) A building permit is required prior to construction of the addition. 2) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. This variance is based on the following findings of fact: C. That the special conditions and circumstances do not result from actions of the applicant. The garage was constructed in 1986 under a building permit issued by the City of Hastings. 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 September 6th, 2005 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor David M. Osberg, Deputy Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of August, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th 81. East Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. 09-_ -05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING A VARIANCE TO THE ACCESSORY BUILDING AND STRUCTURE REQUIREMENTS FOR BRUCE AND LISA SCHLOSSER TO CONSTRUCT A GARAGE ADDITION AT 1302 MAPLE ST, HASTINGS, MINNESOTA Council member introduced the following Resolution and moved its adoption: WHEREAS, Bruce and Lisa Schlosser have initiated consideration of a variance to the 1,000 square foot maximum size requirement for a detached garage as stipulated in Hastings City Code, chapter 10.05, Subd. 2A (K). WHEREAS, the property is located at 947 W 14th St, legally described as follows: The North ~ of Lots 1 and 2, Block 13, HANCOCK THOMAS & CO ADDITION WHEREAS, on August 22nd, 2005, a review of this variance was held before the Planning Commission of the City of Hastings, and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vary from Section 10.05 Subd. 2A (K) Accessory Building and Structure Requirements is hereby denied, based on the following findings of fact: 1) Modifications could be made to minimize the size of the variance requested. 2) The requested variance does not meet hardship criteria as established in the Zoning Code. 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 Septerpber 6th, 2005 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor David M. Osberg, Deputy Clerk (City Seal) I HEREBY CERTIFY that the above is a true an~ correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of September, 2005, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 0 I lu 1302 Maple St " :fi. . - - ~ - - - - - Variance Request ----..-- , " " t--- ------ " Garage Addition ,,: : : .. - - - ~ II : " . " " " en :: .... . - - - - ~ I II , :: " , " II II -H" " II Legend II I' " " , , : " II , , ,. IJ !: , : :; i ! _ Buildings , ' , ' , ' --__ _______________ _.J '. Roads - .-------- - - - o Parcels I Map Date: August 22, 2005 N " W*E ClT'iorllAS'Mll8S S Site Location -. . : --. .-.--- , ' : : . . Description of Request For Bruce & Lisa Schlosser 1302 Maple Street Hastings, MN 55033 651-437-7232 We are asking to add a one (1) car garage 16ft X 28ft, onto our existing two (2) car garage which is 28ft X 28 ft. We have been infonned that we would be exceeding the 1000 square ft zoning. We would like to ask for a variance for this garage to be built because we have a hardship in the family. My brother, my only sibling, was diagnosed with Cancer and was just recently told he has only one (1) year left to live. We plan to add onto our house to accommodate my mother, my brother and the four (4) of us. We need the extra garage space to accommodate everyone and be able to get my brother in and out of his wheelchair to the house. , August, 2005 To Whom It May Concern: Bruce and Lisa Schlosser the owners of 1302 Maple Street, plan to put a one (1) car garage addition onto the existing two (2) car garage which sits in the back portion of their lot facing 13th Street. We as the surrounding neighbors do not have a problem with the addition to the garage that faces 13th Street and have been informed of the plans by Bruce and Lisa Schlosser. ~r;;J~ M \?Joe, (Y):\tpL ~~ ~jd~ /?7 ~ Name Address Signature , ~~-~/ /.5 () I UFTPL~ ~ ,. L---~ Name Address Signature O""1r1 ,') I? /YI t" Lc; 7#'1 L/. If b .f} f) ~ /1 /}r '-f- Name Address Signature . B:k' '^- k k.<! ytz C' C <> J /D-l! k/ I> fit 5f r~/~ Address Name Signature ri.~ /~ ?Tl ~/7 r11D r k: ~D/1rJc{inr( N e Ad ess Signature ~C\\'C ( ~ ,{))), \tr~ 1 O~ \jJ Y3tb~T- ~ObJ ~.Q~ Name Address Signature Name Address Signature , SITE MAP PROPERTY D NUMBER: 11J.31~1-13 2005 ESTIUATED MARKETVAWES (pAYA8I.E2OO6) 2005 BUIlDING INFORMATION (PAYA8I.E2OO6): FEE OWNER: BRUCE & USA J SCHLOSSER LAHO: 44.300 LOT SIZE (EXCLUDES TYPE s.FAM.RES 1302 MAPlE ST BUIlDING: 172.400 ROAD EASEMENTS) YEAR BUILT 1959 HASTINGS MN 55033-2616 TOTAL: 216.100 ARCHISTYLE ONE STORY 9,903 sa FT FOUNDATION sa FT 1236 PROPERTY ADDRESS: 1302 MAPlE ST SCHOOl DISTRICT: 200 0.23 ACRES FINISHED sa FT 1628 HASTINGS MN 55033 BEDROOUS 4 LOCATION: SW1/4 SE114 SECTION 28-115-17 BATHS 1.75 PAYABLE 2005 TAXES FRAME WOOD PAYABlE 2006 HOMESTEAD STATUS: FULl. HOMESTEAD GARAGE sa FT 1092 NET TAX: 2.046.06 01HER GARAGE SPECIAL ASSESSMENTS: 0.00 WATERSHED DISTRICT: VERMILUON RIVER MISC BlDG TOTAL TAX.!. SA: 2.046.06 lAST QUALIFIED SALE: PAYABlE 2006 ASMNT IJSAGE;RESIDENT DATE: AIotOtJN1;: i ! I ! II ! ~ , ! L I ! ! J \ fi6 j 1 fi6 I>fi I j i ! ! \ I i I ti I I i i \ I i / , I ~/ "- , j I I , L_ ; , '- ; ~ --'- tddJf~ \tt~ I \- r-- \ I ............. /~ i '" \ ! .' I i '\ ( \ ! \ I I I ~ \ ! i i ~'" I \ i .....,......... b b . ,., . ! M ~ .C~.-~IIlJ?Jl " ~,~af\l iw '. "':- i i .: ...:-.. -, - ~'" j i _.~t . F 9 "'Wppv 1~ I ~ I ; 'D It ! i ~.- '~,. . ! , .',.c ,. . I .'_':'" ... _ __l f i I .~ 8Z~ ilr~l~ i j ~~~g\- " - ~ ! j I Q.) I - I G- " ,,'~"-' d ~...'- J r- ! ~ I 703 i i i r ! ! t j . --- I ( ~ i ! ! D i 1310 I , i ! "- I - ----- i ! .1 I N01C: DimensIons rounded to nareS foot. PlAT NAME: HAHCOCKTHOMAS & CDS ADD N ~2005. Dakota County- TAX DESCRIPTION: N m OF LOTS 1 & t . 213 This ~ !S neiIher a legally reconIed IIIIIP nor a SUlW'I and is 1101 intended to be used as one. This drawing IS a COI11iIaIIDn d records. Wonn8IIan and daIa located in ___ cII.y: c:auniy and sIIII8 aftices and oilier soun:es. atreding lie __ shoMI. and is II> be used far ~ ~ only. DakoIa CaunIy is 1101 nIIpCInIib/e far.., inacCunIdeS herein conIained- .. .....'.pa"cies are faint. please conIad DakoIa County Surwy and Land JnfannaIion Oepanment. Map Dale: JI'Y 26. 2005 ParoeIs Updated:.4I1412OO5 _PI>oIognIphy: 2004 . . . Jt~of-)(., LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 1014th St E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082 Address of Property: J.3D~ M ~O"ct. t:~~~~ ~ Legal Description of Propex:!Y: ~ 11 ~ "'" __ 4...... - ~ Lcf5 I "-'2 {=3 -:- .- S~ (Property Owner: 5amt'~ Address: Phone: Fax: Email: Description of Request If requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? Check Applicable Line(s) Please Note! All Fees and Escrows are due at time of application. - Rezone $500 - Minor Subdivision $500 Final Plat $600 _ Special Use Permit $500 ~ Variance $250 _ Comp Plan Amend. $500 - Vacation $400 _ Lot Split/Lot Line Adj. $50 - House Move $500 - Annexation $500 plus legal expenses _ Prelim Plat $500 + escrow - EAW $500 plus $1,000 escrow - Site Plan $500 + escrow Please see reverse side for escrow amounts required. 5Dd) Total Amount Due: $ 2. .- Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for information. ~J'Jt:IOQ1 ~-.j ZJ~ -g~~3'13/05 Applicant Signature Date er Signature Date /JrU(!e ~)cAlosser i i6Q.., L)C,h / ()SSe Y Applicant Name and Title - Please Print Owner Name - Please Print omCIAL USE o~b 03/Z8/05 File # ~ Ree'd By: Date Ree'd: Fee Paid: C Reeeipt # '=.1 S ~ ~ App. Complete . 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".....- ._,' ,-' ....- . -.-. .n.. t '.' _.~-- ---'"---,--:-.1..---..- ' · -~y~~i-.~~._.;---"-.."'t\;,-.'iV~-P- .-_,____.._.u _'u__ . : _____...__._,---.. /1~.,,_it~,-L' '. "'DW'" -~-._-~ __ . . ' ." _, ,. _. "u_.U,," . . -. VIII-B-2 Memo To: Mayor Werner and City Council From: JQhn Hinzman, Planning Director Date: September 6, 2005 Subject: 1st Reading\Order Public Hearing: R-2 Development Moratorium Ordinance #2005-59. REQUEST The City Council is asked to consider 1 st reading and order a public hearing to consider the attached six month Interim Moratorium Ordinance. The Moratorium would prohibit new new construction, additions, and movement of existing structures within areas of the R-2 Zoning District as identified in the adopted Design Guidelines for Original Hastings. The City Council is also asked to consider inclusion or exclusion of garages to the moratorium. Upon approval of 1st reading, a public hearing and 2nd reading would be scheduled for the September 19, 2005 City Council Meeting. BACKGROUND In 2003, the City Council adopted the Design Guidelines for Original Hastings as part of the Heart of Hastings Master Plan. The Guidelines included certain design standards for the construction of new structures and additions in and around the downtown area. The Moratorium would allow the city to review amendments to the City Code consistent with the Guidelines. AREA The Moratorium would effect portions of the R-2 District as indicated below. Areas zoned R-2 outside the Moratorium Area are not affected. Parcels within the Moratorium Area that are not zoned R-2 (C-3, DC, etc.) are not effected. \} EFFECT The Moratorium would prohibit new construction and additions to existing structures with the following exceptions: (a) Any building permits issued before the effective date of this ordinance; (b) Any building permits for the repair or replacement of siding or roofing materials; (c) Any building permit for the construction of porches or decks. (d) Any building permit that does not enlarge the foundation of an existing building (d) Any zoning permit for the placement of structures or fences. SHOULD ATTACHED OR DETACHED GARAGES BE INCLUDED? ATTACHMENTS . Moratorium Ordinance ORDINANCE NO. - SECOND SERIES AN INTERIM ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF NEW STRUCTURES, ADDITIONS TO EXISTING STRUCTURES, OR MOVING IN OF AN EXISTING STRUCTURE IN THAT PORTION OF THE R-2 ZONING DISTRICT INCLUDED WITHIN THE DESIGN GUIDELINES FOR ORIGINAL HASTINGS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: HASTINGS CITY CODE IS HEREBY AMENDED BY ADDING THE FOLOWING ORDINANCE: Purpose. The Hastings City Council is concerned about the continued issuance of building permits for the construction of new structures and additions to existing structures in that part of the R-2 Zoning District which would have the effect of defeating the stated goals of the Design Guidelines for Original Hastings ("Guidelines") as adopted by the City Council. The City Council is concerned that the continued issuance of building permits for structures or improvements that are not consistent with the Guidelines will defeat the purpose of doing the Guidelines. The City Council believes an interim moratorium is needed to maintain the status quo until such time that the Council can evaluate the Guidelines and implement, by ordinance, those recommendations of the Guidelines the Council deems appropriate. The Hastings City Council further believes an interim moratorium is needed to protect the public health, safety and welfare of the citizens of Hastings while the Council passes appropriate ordinances. This interim moratorium ordinance is adopted pursuant to the authority granted by Minn. Statute 462.355. A. Applicabilitv. This interim ordinance shall only apply to and govern that part of the R-2 Zoning District within the following described area: Beginning at the intersection of the Mississippi River and the Canadian Pacific (CP) Railroad Tracks; thence southerly along the Canadian Pacific (CP) Railroad Tracks to the intersection with 10th Street; thence westerly along 10th Street to the intersection ofTH 55; thence westerly along TH 55 to the intersection with Pine Street; thence northerly along Pine Street and its northerly extension to the intersection with the Mississippi River; thence southerly and easterly along the Mississippi River to the point of beginning. B. Scope of ReeuJation. During the time this interim ordinance is in effect: 1. Application. No building permits shall be issued for the construction of a new structure or addition to an existing structure; or the moving in of an existing structure on property within the area subject to the terms of this interim moratorium ordinance. 2. Exceptions. This interim moratorium ordinance shall not apply to: (a) Any building pennits issued before the effective date of this ordinance; (b) Any building pennits for the repair or replacement of siding or roofing materials; (c) Any building permit for the construction of porches or decks. (d) Any building pennit that does not enlarge the foundation of an existing building (e) Any zoning permit for the placement of structures or fences. C. Effective Date and Term of Moratorium. This interim moratorium ordinance shall be effective 7 days after passage and publication and shall remain in effect for six months after the effective date or until this interim ordinance is repealed by the city council whichever occurs first. The duration of this interim ordinance may be extended for an additional IS months as provided by Minn. Stat. 462.355. D. Waiver of Moratorium Provisions. Any person who is proposing to build a structure that they believe is consistent with the recommendations made by the Design Guidelines for Original Hastings may apply to the city's planning department for a waiver from the provisions of this moratorium. The planning department shall not apply the provisions of this moratorium to any building permit application that is consistent with the recommendations in the Guidelines. Any person aggrieved by a decision of the Planning Department may appeal to the City Council as provided by Chapter 2 of the City Code. E. Penalties. Any person, firm, entity or corporation that violates any provision of this interim ordinance shall be guilty of a misdemeanor and shall be subject to any additional legal or equitable remedies available to the city. This ordinance was adopted by the Hastings City Council on this _day of September, 2005. CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (SEAL) 0xi 07/0b /U5 ~S~--;;} Mark A. Rego, Representative Hastings Old Neighborhood Network 314 West 6th Street Hastings, MN 55033 Dave Warg, Chairperson Hastings Heritage Preservation Commission 2461 Southview Court Hastings, MN 55033 September 6, 2005 Dear Mr. Warg, I am writing on behalf of the Hastings Old Neighborhood Network to request your consideration of an issue that impacts our neighborhood, which lies within the Conservation District. HONN requests that the Heritage Preservation Commission exercise its authority (as granted in the Hastings Comprehensive Plan, adopted in 2000) in the Design Review Process of the Conservation Area (as defined in the Hastings Comprehensive Plan). Please let us know ifthe HONN can assist or support you in any way. Thank you. Respectfully submitted, Mark A. Rego Representative Hastings Old Neighborhood Network cc. Mayor Werner, City Council Members, Dave Osberg t2CvA GT710b /05 /VfvU~ Mark A. Rego, Representative Hastings Old Neighborhood Network 314 West 6th Street Hastings, MN 55033 Mike Werner, Mayor Dave Osberg, City Administrator City Council Members City Hall 101 East 4th Street Hastings, MN 55033 September 6, 2005 Dear Misers Werner, Osberg, and City Council Members, I am writing on behalf of the Hastings Old Neighborhood Network to request your consideration of several issues that have not been addressed in the proposed Moratorium Ordinance #2005-59. HONN requests that the moratorium also prohibits the demolition of any primary and accessory structures within the Conservation District. HONN also requests that no permits be issued for any new construction and additions that adds another floor or story to an existing structure. Finally, HONN requests that no permits be issued for the construction of porches, decks, and/or garages. Thank you for your thoughtful attention to the points raised in this letter. Feel free to contact me, or other members ofHONN. We will be happy to express our concerns and respond to questions at the meeting tonight. Respectfully submitted, ~~~ Mark A. Rego Representative Hastings Old Neighborhood Network Memo VIII-B-3 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: September 6, 2005 Subject: Approve Stormwater Management Plan - SUP #2005-23 ConAgra Floodwall - SACC Group (2005 Vermillion Street) REQUEST The City Council is asked to approve the attached stormwater management plan for the construction of the ConAgra floodwall at 2005 Vermillion Street. Review of the plan was required as part of the Special Use Permit approval of August 1, 2005. RECOMMENDATION Approval of the plan is recommended subject to the conditions of the August 30, 2005 memorandum from City Engineering Consultant, John Stewart (attached), including: 1) The location and installation methods for a silt fence must be indicated on the plan to the satisfaction of the Public Works Director. 2) The three-quarter inch crushed rock within the drainage swale shall be replaced by rip-rap similar to that in the proposed slope above the wall for a least a fifty foot section above the proposed outlet area. ATTACHMENTS · John Stewart Memo - August 30,2005 · SACC Group Memo - August 22, 2005 . Stormwater Drawings rIillMl CONSULTING ENGINEERS, PLC MEMORANDUM Date: August 30, 2005 To: John Hinzman Planning Director Subject: Storm Sewer Review ConAgra Site Hastings, Minnesota From: John B Stewart P.E. As requested, we have reviewed the storm management plan for the proposed retaining wall project at ConAgra in Hastings Minnesota. The report and drawings provided by Paolo Sacchetti of the SACC Group Inc. show the drainage patterns of the pre-construction, construction, and completed site. The sediment and erosion control plan labeled "Plan During Construction Phase" show proposed best management practices (BMP's) for the site. Specifically, the protection of the riverbank is critical and the plan shows an "Erosion Control Barrier" but does not include any detail pertaining to the specific make-up of the barrier. Please require a detail or note be shown on the plans detailing the type of barrier and brief installation requirements. (In our opinion appropriately maintained Silt Fence would suffice). Although the drainage swale may improve the drainage conditions of the existing site it should not be completely made up of three-quarter inch crushed rock placed on top of geotechnical fabric. A better option would be to use rip-rap similar to that in the proposed slope above the wall for at least a fifty foot section above the proposed outlet area. This should reduce the erosion potential of the swale significantly. A Mn/DOT Type II Rip-Rap or higher would be sufficient. The rip-rap/crushed rock layer should show a thickness of at least 6-inches. Although no drainage calculations were included in the submittal, there is no increase in impervious area and similar drainage patterns are retained. Therefore, it doesn't seem likely that the proposed site would generate an increased post development flow. Please call if you have questions. August22,2005 9 re>>... p Civil. Industrial Project Managers City of Hastings & Constructors Community Development Division 101 4th Street East Hastings, MN 55033 Attention: John Hinzman Planning Director Re: Storm Water Management Plan Proposed Retaining Wall ConAgra Flour Milling Co. - Hastings, MN Dear Mr. Hinzman: As requested during the previous council meeting, outlined below is our application for the proposed storm water management plan for our retaining wall project. Jim Stremel of 80M Consulting has provided our firm with the Storm Water Management Guidelines from the City of Hastings Code Book to ensure our submission is compliant. The intent of this storm water management plan was to address future deterioration of the rock face (downstream from the new wall) so additional bank stabilization work could be minimized. This storm management plan is not an entire review of the ConAgra site. This would be a separate issue and should not affect this application. Existing Site Plan Under Section 15.06 - Subd. 2 a) - Existing Site Map, there are eight points to address: 1} Name of Applicant etc. - This information was previously submitted with the Special Issues Permit 2} Location of Property - Information was previously submitted with the Special Issues Permit 3} Existing Topography - see Drawing D-1 Plan of Existing Drainage Conditions} 4} Streams in Immediate Area (see Drawing D-1 Plan of Existing Drainage Conditions). The depth of the Vermillion River varies significantly depending on rain water etc. Our firm has completed a survey of the gorge to determine the water flow for a 100-year flood. This drawing was previously submitted with the Special Issues Permit (see Drawing P-2 Retaining Wall - Stream Flow). In the gorge, there is some vegetation beside the rock shore line that slopes up toward the limestone rock face (see Photo P-1). At the existing Plant grade elevation, there is asphalt between the rail tracks and building (see Photo P-2) and a combination of ballast and gravel between the rail tracks and rock face (see Photo P-3). Seaway Building - Suite 103 T: (218) 727-5200 802 Garfield Avenue F: (218) 727-5202 Duluth, MN 55802 saccgroup.com 9 rc::>>... p Civil. Industrial Project Managel"S & Constructol"S 5) Existing Storm Water Drainage System - There are two buried culverts (see Photo P-4) that run below the rail tracks and discharge near the rock face (see Drawing D-1 Plan of Existing Drainage Conditions for location). It appears that these culverts collect storm water on the parking lot side of the Plant. 6) Soil Types - There is no soil in the work area. There is ballast from around the rail tracks and some course gravel over the existing limestone. 7) Vegetative Cover - The only area is a sloped section near the rock shore line. There are three trees present near the shoreline (up on the bank). Because rock existing below the sloped area, the roots are shallow. One tree has fallen (within the last month) and the other two trees are leaning toward the river. 8) 100 year floodplain - see Drawing P-2 Retaining Wall - Stream Flow. Site Construction Plan Under Section 15.06 - Subd. 2 b) - Site Construction Plan, there are five points to address: 1) Proposed Land Disturbing Activities - The area between the rail tracks and rock face would be partially backfilled with gravel and graded in order to mobilize I setup the crane (see Drawing D-1 Plan During Construction Phase for proposed crane location). 2) Temporary Soil or Dirt Stockpiles - The area behind the proposed retaining wall would be backfilled with gravel. Gravel would be stockpiled east of the crane location in between the rail tracks and rock face (approx. 40'). 3) Site Erosion Control - A silt barrier I curtain would be installed along the rock edge to contain silt etc. from flowing over the rock face and entering the watercourse. This barrier would protect the graded and gravel stock pile areas. A silt barrier would also be installed along the rock shore line in between the proposed wall and Vermillion River (see Drawing D-1 Plan During Construction Phase). 4) Schedule - Erosion controls would be installed prior to grading I stockpiling of any material. These measures would be installed as soon as our firm mobilizes on the site and would remain in place until the project is completed. 5) Maintenance of Erosion Controls - The silt barriers would be checked on a weekly basis. Seaway Building - Suite 103 T: (218) 727-5200 802 Garfield Avenue F: (218).727-5202 Duluth. MN 55802 saccgroup.com 9 re>>... p Civil. Industrial Project Managers & Constructors Plan of Final Site Conditions Under Section 15.06 - Subd. 2 c) - Plan of Final Site Conditions, there are six points to address: 1) Finished grading - The majority of the existing topography will remain the same. The new storm drainage plan includes for a swale to divert the storm water to the new outfall area (see Drawing D-3 Final Drainage Plan). Any storm water behind the retaining wall would filter through the rip-rap I geotextile fabric and be collected in drainage tile wI sock. This storm water would eventually be discharged through weep holes at the base of the retaining wall (see Drawing P-1 Retaining Wall - Section) 2) Landscaping Plan - N/A 3) Drainage Plan - see Drawing D-3 Final Drainage Plan 4) Erected Structures - The new retaining wall (see Drawing 5-1 & 5-2) 5) New Paved Areas - N/A 6) Other Information - N/A A representative from ConAgra will attend the September 6, 2005 meeting at 7:00 pm to answer any questions. Should any questions arise from this storm management plan, please contact me ASAP at (218) 727-5200. Sincerely, SACC Group Inc. Paolo Sacchetti, CEC Project Manager Seaway Building - Suite 103 T: (218) 727-5200 802 Garfield Avenue F: (218) 727-5202 Duluth, MN 55802 saccgroup.com EXISTING CA TWAU( I I J .1 ~,II II RIP-RAP ARMOUR STONE WITH SLOPE -f'Y..... \t I GEOTEXTILE FABRIC ~ 4 n~ I 1 I .n&rrl~ I Till H ~ /rf I II JV"rt~ . /T IT I I' ~~[X~ I CONCRETE BLOCKS 2'x2'x6' _~ ~~~ / I I I' 2#8 DOWELS EA BLOCK f71 ~.' . . ;' 1 IJ I, t. .cl- _ _ " GtOGRiD. - --< ~.:'.:' -~~-~~~--~~~~~~-~ &11 ~BEDROCK SURFACE 8"CONC. SLAB , ~"i' If J ..-rrI ~2 !.i.;;,.... o ~I ~; L....___....._____________ ~.-tl--l I I LEVEL OF WATER-TOO 'I'R STORM ,.....; ~ ")0 11 I I I ' '0 24" CONCRETE RETAINING WAL~ J{,......... 'T. 1 I / J ~ " "';;> . /1 II I I 8 EXTRA #7 & #4TIES @12 ~ ~~"':,: GRAVEL FILL rf11 '11 I J II II r-o.' '..' 6'111 DRAINAGE TILE WI SOCK ...1' 1 I II I I ' 1I:>lgIl[~f~ ~.' WEEP HOLES IN WALL AT 6'-0" /11 #7@12"EF ~ ..\'.' :.... '. CENTERS I I --. COUPLING NUT ',:' .--t I I ~ r.;:. rl I II I' )> ;r I v, DEFORMED THREAD RODS DRILLED AND GROUTED INTO BEDROCK. '<t 6"x12"KEY IN BEDROCK ~ ,...../:.. /U EMBEDMENT 10 FT. OR MORE - TO BE ESTABLISHED BY PULLOUT ~ :': . ' I TEST. 8 DOWELS@24"EF ~"" ~ EMBED 24" INTO BEDROCK t:::; . CD ./' r ~ ~ I V LEVELLING CONCRETE ~ I.'.. " , --rIIr1ff{ I I ~r;;L....1 I J --I Tf II I I II IItM II II IT I I IT II II IJ J 11 I 1 I I I I III II II II II II II I' ," I II II I SECTION THROUGH RETAINING WALL [ J Retaining Wan Section : "..."' Saee Group Inc. . "_.._ ConAgra - Hastings DWO.. 1REv. 'D. ..~_s .T DA" P-1 I 0 wi I 17'..,- '" ...... ~ / /' at#' ~ - .s \ II ~ ,"" , -- " 1ImR0Q( :LOP[ I.. .,.,to \ ( ) \) ---- , , :::0 :- - :::::: -~;; == ~--- -- ~ :::::: - ==~ ~: ~ ~ ~~~ - ,,"V"-''''_<I> Del_DRAINAGE ~ tcAi.l1"r.t'..cr PA1H (TO ROIAIN) ft caSTING IUVAnCNS LEGEND OA" J PLAN OF EXISTING DRAINAGE CONDITIONS 21 Au 05 [ PI.OT Sacc Group Inc. . ConAgra . Hastings Facility 0.. No. D-1 0 ., OA" NO. R[\\SIONS . I .,.'" Iff..... 17'-7"' #'~ (" /~ .. ,-I> ,.. - - ~ .,.. ~ ,',. '''''~''~/:'':'..''~'~~~''':''''~'';'':::'.''':'''' .:t...~...........:.. ..t':.1 "~"~ .....;:~.:..7..~:\~......~..: .\.:..........': . L lOP HCUI Ar r-4' ClENDl1'HMMH DU. ~~~~""j~~~-~~~ ~=~: ~:::~ =~:---=:- ICAll:tM.,'-r ......"'..,.........'~ "'-- "'1M (tv 1IDtMI) ~~~ ~ ~ WA~ ~ FROII ROOF AREAS [] IS DA~ROUQl (2) 0_ SPOUTS ONTO THE ASHPHALT AREA~ BETWEEN THE B\.OlDIHCS - THE RAIL TRAacS. THE EXlS11NO WA~ OR...S I" L I ... - .... INTO AREA U1I AND CMR 1M[ ROCK FACE INTO AREA~ A NEW SWALE WILL BE CONSTRUCTtO TO DIVERT ~ WATER MOUND THE RAIL 1'RAQ($ TOWARD THE EXISTING OUTFALL. @) _IiIR~ ~'___ ,., SUAR'A"'WAlOO ,a:~ -.....- WAmt _ ALCNO THE 110[ Of" IIUIUIINCI ~ CURINe A R.... STOAM ORAIHS OVER THE EOCt INTO AREA mlIHERE IS NO ROOF WAlOO ALONC AREAl;) !HAT OAAINS "TO [m. ONlY ~..:".... ~ SUAfACf; WATER. SUII"ACf; WA~ WIU. _ 1HIIOUOH 1HE _OUR STONE/CEOTEXtILE 'A"",O AND BE c:a.ucttlf'lN THE ORAINAOE tILE ANI> E'mIIUAU.y'ft OISOiARom IHROUCI< !HE - SWALt SEenON ~~ ~""" ""'.... HOLES IN THE BASE Of' tHE RETAiNING WAu.. - -.. I,. .." WAlOO SEEPAGE INROUCH ROO< EXlS11He WATER !HAT SEEPS INROUCH THE EXlS1INe ROO< 'ACE ALONO ARE.o/1!;I"~INTO AREA~ lIE COLI.lAC1EO MTH ORAIN....OE tILE BURIED" !HE COMPACT CRAWL IlEHINO !HE NEW WALL. WATER MLL BE c:a.uC1ED IN THE DRAINAGE tILE AND OISOWlQEO totIKQRv~ Hcus'tli1i<E OOWNSTREAII END Of" THE WAI. Oft AT THE BASE Of" !HE WALL.L [ J RNAL DRAINAGE PLAN : ,,~ "' Sacc Group Inc. ConAgra . Hastings Facility NO. ....._s .' OAT( No. D-3 .0 I' · I # aT-r .... ... .:.1. ::. ~ ~ ~ \ at' It .,.."'" ",' .:t.... .......... ~ . ~ ." , 'L ..-.. : _ ~~~..~? ~ ~~ :~~~ ~=; ~ ~ ~ :::::::; ::c _,_~ "<0_ f' DlS11NO Cl.EV41\ONs ~ '''' 21 Au 05 J PLAN DURING CONSTRUCTION PHASE ~ . . .. ( Sacc Group Inc, ConAgra _ Hastings Facility _. D-10 "(-"SIONS "'" VIII-C-1 MEMORANDUM TO: Honorable Mayor and City Councilmembers FROM: Dave Osberg, City Administrator DATE: September 1, 2005 SUBJECT: Resolution Approving Joint Dispatch Center Joint Powers Agreement RECOMMENDED CITY COUNCIL ACTION Staff recommends that the City Council take action approving the attached Resolution Approving the Joint Powers Agreement Establishing the Dakota Communications Center. BACKGROUND The City Council approved a Resolution at the meeting conducted on May 16th, 2005 authorizing participation in the Dakota County Joint Dispatch Center. Included in the Resolution (which is attached) is reference to the operation of the joint dispatch center, to be governed by a Joint Powers Agreement. Throughout the last several months, I have participated in several meetings with other appointed and elected officials from Cities in Dakota County, and Dakota County Officials preparing the attached JP A.. You will note in the JP A, as well as the actual Resolution the opportunity to appoint City officials to the Board of Directors, Executive Committee and Operations Committee, all with a different role in the governance structure of the Dakota Communications Center. Upon discussions with the Mayor, his request and recommendation is he be appointed as the City's delegate to the Board of Directors, with City Councilmember Ed Riveness serving as the alternate. The Executive Committee member will be the City Administrator, with the Assistant City Administrator serving as the alternate. The Operations Committee will include Fire Chief Mark Holmes as the delegate representing the Fire Department, with Assistant Fire Chief Mike Schutt as the alternate; and Police Lieutenant Joe Kegley representing the Police Department, and Police Chief Mike McMenomy as the alternate. Resolution # Resolution of the City Council of the City of Hastings Approving The Joint Powers Agreement Establishing the Dakota Communications Center WHEREAS, The City of Hastings adopted a Resolution on May 16,2005 authorizing participation in a countywide Joint Dispatch Center to be governed by ajoint powers agreement that will give all participants a strong voice in the operations and management of the Center; and WHEREAS, The authorizing Resolution directed the joint powers agreement to be presented to the Hastings City Council for approval; and WHEREAS, The High Performance Partnership (HiPP) Joint Dispatch Policy Committee has prepared a joint powers agreement between the Cities of Apple Valley, Bumsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St. Paul, West St. Paul and the County of Dakota establishing the Dakota Communications Center; and WHEREAS, The purpose of the joint powers agreement is to acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint law enforcement, fire, EMS and other emergency communications system for the mutual benefit of the Members and the people of the Dakota County; and WHEREAS, The joint powers agreement establishes a Board of Directors made up of an elected official from each Member, and Executive Committee made up of the chief administrator of each Member, and an Operations Committee made up of a representative of each law enforcement agency and fire agency of a Member; and the Dakota County Joint EMS Council; and WHEREAS, The members may also designate an alternate to the Board of Directors, the Executive Committee and the Operations Committee; and WHEREAS, The HiPP Joint Dispatch Policy Committee recommends that the participating members approve the Joint Powers Agreement and name the officials to serve on the Board of Directors, the Executive Committee and the Operations Committee; and NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Hastings hereby approves the Joint Powers Agreement Establishing the Dakota Communications Center; and BE IT FURTHER RESOLVED, that the City Council of the City of Hastings hereby names Mayor Mike Werner, to serve on the Board of Directors, and City Councilmember Ed Riveness as the alternate; and BE IT FURTHER RESOLVED, that the City Council of the City of Hastings hereby appoints the City Administrator to serve on the Executive Committee, and the Assistant City Administrator as the alternate; and BE IT FURTHER RESOLVED, that the City Council of the City of Hastings hereby names Joe Kegley to serve on the Operations Committee representing law enforcement, and Mark Holmes representing the Fire Department, and Mike McMenomy and Mike Schutt as alternates representing law enforcement and fire respectively. Adopted by the City Council this 6th Day of September, 2005 Ayes: Nays: Michael D. Werner David M. Osberg Mayor Deputy Clerk -seal- . RESOLUTION # 5-14-05 Resolution of the City Council of the City of Hastings Authorizing Participation in a Dakota County Joint Dispatch Center WHEREAS, The High Performance Partnership (HiPP) effort of Dakota County and the Cities has identified joint dispatch as one activity to study; and WHERES, A HiPP Joint Dispatch Policy Committee, co-chaired by Bumsville Mayor Elizabeth Kautz and Lakeville City Manager, has been studying joint dispatch for the last four months; and WHEREAS, Dakota County and all its Cities are currently cooperating in the design of a Dakota County 800 MHZ public safety radio communications sub-system, and an important design consideration is the number and location of Public Safety Answering Points (dispatch centers); and WHEREAS, One dispatch center can provide more efficient, effective and economic dispatch services throughout the entire County, by providing opportunities to improve services through upgraded technology and equipment, reduced redundant functions, reduced personnel costs and less overhead; and WHEREAS, The Legislative Auditor's Report on PSAP's and 991 Service Delivery encourages PSAP consolidation and Dakota County has agreed to provide the capital costs of one Joint Dispatch Center to serve all public safety agencies in the County; and WHEREAS, The HiPP Joint Dispatch Policy Committee recommends that the County and its Cities participate in the Joint Dispatch Center, with Dakota County and the Cities sharing in the annual operating expenses associated with the Joint Dispatch Center; and WHEREAS, The management and operation of the Joint Dispatch Center will be governed by a Joint Powers Agreement that will provide all participants a strong voice in the operations and management of the Center; and . . NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings hereby agrees to participate in County-wide Joint Dispatch Center to be governed by a Joint Powers Agreement; and BE IT FURTHER RESOL YED, That the City Administrator is directed to bring the Joint Powers Agreement to the City Council for approval; and BE IT FURTHER RESOL YED, That the City Administrator inform Dakota County of the decision by the Hastings City Council to join the Joint Dispatch Center. Adopted by the Hastings City Council this 16th Day of May, 2005 Ayes: . Counci1JIEmbers Alongi, Hazlet, Riveness, MJratzka, Hicks, and Mayor Werner Nays: None Absent: CouncilIratber Schultz ~ Michael D. Werner Melanie Mesko Lee Mayor City Clerk -seal- . Joint Powers Agreement Establishing the Dakota Communications Center . TABLE OF CONTENTS RECITALS .......... ...... ..... ................................. ................... ............. .......... ............. .................... 3 PURPOSE................. ...................... ............ ....... ........ ..... ............................................................ 3 TERM .................... ..... .............. ...... ....... ............................................... ...................................... 4 POWERS ................... ......... ........................... ........... ....................................... ........................... 4 MEMBERSHIP.. ........ ..... .................. ....................... ..................... ........ ...................................... 5 BOARD OF DIRECTORS.......... ..... ..... .............................. ..... ................................................... 6 EXECUTIVE COMMITTEE...... .......... ........................ .............................................................. 8 EXECUTIVE DIRECTOR............ ..................... .............................................. ........................ 10 OPERATIONS COMMITTEE .................................................... ...... ................... .............. ...... 11 BUDGET ............................................ ...................................................................................... 13 AUDIT ..... ......... ............. ............ .......................... ..................................................................... 15 TERMINATION AND DISSOLUTION ........................................ ...... ...... ............... ............... 15 WITHDRA W AL OF A MEMBER............................. ............................................. ................. 16 INSURANCE AND INDEMNIFICATION ............................................................................. 17 RESOLUTION OF DISPUTES. ........ ................ .......................................... ............................. 18 FORCE MAJEURE .......... ............................................... ........... ................... ........................... 18 MISCELLANEOUS PROVISIONS. ........ ........... ...... .... ........ ................................................... 18 Page 2 of 33 Dakota Communications Center JPA This Agreement ;s entered into between the following political subdivisions of the State of Minnesota, by and through their respective governing bodies: City of Apple Valley City of Lakeville City of Burnsville City of Mendota Heights Qty of Eagan City of Rosemount City of Farmington City of South St. Paul City of Hastings City of West St. Paul City of Inver Grove Heights County of Dakota Individually and collectively, the parties to this Agreement are referred to as the "Members" of the Dakota Communications Center, hereinafter referred to as the "DCC". RECITALS WHEREAS, pursuant to Minnesota Statutes ~ 471.59, the Members are empowered to provide assistance to, and act in coordination with, other political subdivisions within the state of Minnesota as deemed necessary to benefit the public; and WHEREAS, pursuant to Minnesota Statutes ~ 465.717, the Members are empowered to incorporate the joint powers entity created by this Agreement as a Minnesota nonprofit corporation if deemed necessary or beneficial to the Members; and WHEREAS, the Members wish to cooperatively engage in the establishment, operation and maintenance of a countywide public safety answering point and communications center for law enforcement, fire, emergency medical services (EMS), and other public safety services for the mutual benefit of all; and WHEREAS, by creating the DCC the Members intend to provide a level of public safety communications services to Dakota County communities that is commensurate with industry standards; and WHEREAS, each Member represents that it is duly qualified and authorized to enter into this Agreement and will comply with its respective obligations and responsibilities as set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the Members agree as follows: ARTICLE I PURPOSE Through this Agreement and the authority provided by Minnesota Statutes ~ 471.59 to act cooperatively, the Members hereby create a joint powers entity referred to as the DCC for the following purposes: To acquire and provide the facilities, infrastructure, hardware, software, services and other items necessary and appropriate for the establishment, operation and maintenance of a joint Page 3 of 33 Dakota Communications Center JPA . law enforcement, fire, EMS, and other emergency communications system for the mutual benefit of the Members and the people of Dakota County; To provide public safety communications system services to other governmental units that are not Members through a fee for service contract; To define the rights and obligations of the Members with respect to the establishment, operation and maintenance of the Dee; and To provide a forum for discussion, study, development and implementation of recommendations of mutual interest regarding public safety communications, information systems, and statistical matters within Dakota County, Minnesota. ARTICLE II TERM This Agreement shall be effective upon execution by all the parties hereto and shall continue until terminated as provided in Article XI. No party may withdraw from this Agreement from the date this Agreement is executed by all parties until five (5) years from the initial date of operation of the DCC (the Initial Term). . The Board of Directors shall determine the initial date of operation of the DCC. ARTICLE III POWERS The DCC shall have the following powers in its own name: A. To take actions necessary and convenient to discharge the duty to implement, maintain, and operate a countywide public safety communications center; B. To adopt bylaws and rules or policies consistent with this Agreement that are required to effectively exercise the powers or accomplish the objectives of the DCC; C. To adopt an annual operating and capital budget, including a statement of sources of funding and allocation of costs to the Members of the DeC; D. To enter into contracts in its own name, including contracts to provide public safety communications services to other governmental units who are not Members; E. To acquire, lease, hold and dispose of property, both real and personal, including transfer of property from a Member to the DeC; F. To incur debt obligations that do not exceed ten (10) years, liabifities or other obligations necessary to accomplish its purposes that are consistent with any financial and debt polides established by the Board of Directors, or to arrange with one or more of the Members to incur debt or issue bonds for the benefit of the DCC, as permitted by law; G. To operate and maintain a communications system that will receive calls for law enforcement, fire, and emergency medical services (EMS) services and dispatch field units in response to such calls; Page 4 of 33 Dakota Communications Center JPA H. To hire, discipline or discharge employees required to accomplish the purposes of this Agreement including employing an Executive Director and delegating authority to the Executive Director as determined by the Board of Directors; I. To purchase any insurance or indemnity or surety bonds as necessary to carry out this Agreement and the purposes of the oce; J. To seek, apply for and accept appropriations, grants, gifts, loans of money or other assistance as permitted by law from any person or entity, whether public or private; K. To sue; L. To exercise all powers necessary and incidental to carrying out the purposes set forth in Article I of this Agreement; M. To charge fees to Members or other governmental entities for special services or communications system functionality that is not provided to all Members; and N. To incorporate the Dee as a Minnesota nonprofit corporation if approved by a majority of the Board of Directors. ARnCLE IV MEMBERSHIP 4.1 Definition of Members All parties to this Agreement are Members of the DeC. No Member may withdraw from this Agreement during the Initial Term of this Agreement. 4.2 Requirement of Good Standing Continued Membership in the Dee shall be contingent upon the payment by each Member of an annual assessment and any additional fees as determined by the Board of Directors consistent with the financing procedures set forth in Article IX hereunder. 4.3 Addition of New Members Any unit of government within Dakota County that has at least 10,000 residents and maintains a law enforcement agency is eligible for Membership in the OCe. A new Member may be added to the Dee if first approved by the Board of Directors and if the existing Members and the unit of government seeking membership execute an amendment to this Agreement to add the new Member upon the terms as agreed to by them. Any unit of government that becomes a Member of the oce after the execution of this Agreement shall be subject to all existing debts and liabilities of the Dee on a proportionate basis to the same extent as all then existing Members. In addition, any new Member shall be solely liable for all costs of adding or modifying hardware, software or services necessary to effectively accommodate the operational needs of the new Member, and of insuring that there is no degradation of existing capability due to the new Member's needs, as determined by the Board of Directors. Each new Member shall pay a proportionate share of the normal, Page 5 of 33 Dakota Communications Center JPA continuing operating expenses of the DeC as well as a proportionate share of any special assessment, as approved from time to time by the Members. An entity seeking to become a Member may be required to and shall pay one-time initiation, assessment or capital investment fees or establish an escrow account for such fees as determined by the Board of Directors. 4.4 Withdrawal of Member Withdrawal of any Member after the Initial Term of this Agreement shall not terminate this Agreement except as provided in Article XI. Withdrawal shall be accomplished as set forth in Article XII of this Agreement. Withdrawal shall not discharge any liability incurred or chargeable to any Member before the effective date of withdrawal. No Member is entitled to a refund of cost-sharing assessments or other fees imposed by the Board of Directors that have been paid to, or is owed to, the Dee on the effective date of withdrawal. ARTICLE V BOARD OF DIRECTORS 5.1 Membership on the Board There is hereby established a Board of Directors of the Dee which shall consist of an elected official from each Member. These Directors shall serve without salary, but may be reimbursed for expenses incurred in connection with Dee business as determined by the Board of Directors. Each Member shall designate one named elected official as a Director consistent with the term and procedures set forth in the Bylaws adopted by the Board of Directors. Each Member may also designate one named elected official as an Alternate Director to attend Board meetings and vote on measures brought before the Board when a Director is absent, consistent with the procedures set forth in the Bylaws. If any Director or Alternate Director ceases to be an elected official of a Member during his or her term, such seat shall be vacant until a successor elected official is appointed by such Member. 5.2 Powers of the Board The Board of Directors shall have the following powers and duties: a. provide policy leadership and approve the general policies of the Dee relating to budget, finance, and legal matters; b. contract with a Member or third party for auditing, financial, human resources, legal and other services as needed for the Dee; c. adopt Board Bylaws and amend the Bylaws from time to time as it deems necessary; d. approve changes to the membership of the Dee; e. approve contracting and purchasing policies for the Dee; f. approve the annual operating and capital budget, cost allocation formula, Member fees and assessments of the Dee; g. hire, discipline, terminate and set the compensation for the Executive Director; and h. incur debt and approve financial obligations of the Dee that are significant in amount and non-recurring. Board approval is not required for payment of monthly budgeted expenditures and employee salaries and benefits. Page 6 of 33 Dakota Communications Center JPA i. incorporate the DCC as a Minnesota nonprofit corporation as permitted by Minnesota Statutes ~ 465.717, subdivision 2, if approved by a majority of Members at a meeting of the Board of Directors. 5.3 Voting by Directors Each Member of the DCC shall have one seat on the Board of Directors and is entitled to one vote. The Directors' votes shall be non-weighted (all votes having the same weight) when voting on matters coming before the Board, except as provided below. The Directors' votes shall be weighted when the Board is exercising its powers under Section 5.2 (f) and (h) of this Agreement. The comparative weight of each Director's vote on those matters is determined by the proportionate share of the DCC annual operating and capital budget for that calendar year that is the responsibility of the Member casting that vote. The Board of Directors shall arrange for or contract with one or more of its Members or an independent contractor to provide personnel/human resource, accounting and finance, procurement/contracting, payroll administration and legal services for the DCC. The DCC shall not create its own personnel/human resource, accounting and finance, procurement/contracting, payroll administration or legal departments unless approved by a four-fifths (4/5) majority of the Board of Directors by non-weighted votes. After the first full year that the DCC is in operation, the Board of Directors may amend the cost allocation formula and associated definitions by a 2/3 majority of the weighted vote total of those Members present and voting at a properly noticed Board of Directors meeting. In case of a tie vote, the Chair of the Board of Directors shall cast a second and deciding vote. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Board. 5.4 Board Meetings a. The Board of Directors shall have regular meetings at least twice each calendar year at a date, time and location included in the meeting notices. The Board may schedule more regular meetings as it deems appropriate or as established by the Bylaws adopted by the Board. At least 30 days prior notice shall be provided to each Member, Director and Alternate Director of the date, time and location of such regular meetings. b. A special meeting of the Board of Directors may be called by its Chair, or by any four Directors of the Board consistent with the procedures set forth in the Bylaws. 5.5 Officers of the Board of Directors a. Officers of the Board of Directors shall consist of a Chair and Vice Chair. The Chair and Vice Chair shall be elected from among the Directors of the DCC. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Board of Directors. b. Chair: The Chair of the Board shall Conduct meetings of the Board of Directors, sign, with the Executive Director, any instrument which the Board of Directors has authorized to be executed, or as authorized by the Bylaws or approved DCC procedural rules of Page 7 of 33 Dakota Communications Center JPA operation, and perform all duties inddent to the office of Chair and such other duties as may be prescribed by the Board of Directors from time to time, provided that such actions are consistent with this Agreement and the Bylaws. c. Vice Chair: In the event of the absence of the Chair, or in the event of the inability or refusal of the Chair to act, the Vice Chair of the Board shall perform the duties of Chair. 5.6 Secretary of the Board of Directors: The Executive Director of the DCC shall serve in the administrative role of Secretary to the Board and shall keep the minutes of the meetings of the Board of Directors, see that all notices are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board of Directors or as otherwise required by law, act as custodian of the business records of the DCC, and perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned by the Board of Directors. A high-level outline of the governing organizational structure of the DCC is graphically represented in Attachment A. ARTICLE VI EXECUTIVE COMMITfEE 6.1 Membership on the Executive Committee There is hereby established an Executive Committee of the DCC, the members of which shall serve without salary and shall oversee the operations and functions of the DCC as set forth in this Article and the Bylaws of the Committee. The Executive Committee shall consist of the chief administrators of each Member. Each Member shall have one seat on the Executive Committee. Each Member may also designate a second employee or staff person as an alternate representative to attend Committee meetings and vote, on behalf of such Member, on matters brought before the Committee when a representative is absent, consistent with the procedures set forth in the Bylaws. Each representative and alternate representative shall serve without salary, but each may be reimbursed for necessary expenses incurred in connection with the DCC business, as determined by the Board of Directors. If any Committee representative ceases to be the chief administrator of a Member, such seat may be occupied by the alternate representative until a successor chief administrator or interim chief administrator is appointed by such Member. 6.2 Purpose and Powers of the Committee The Executive Committee shall have the following powers and duties: a. provide direction and oversight of the operations of the DCC, subject to the policy direction established by the Board of Directors, and within the limits fixed by the operating and capital budgets, provided that no financial obligation exceeding the amount of the approved budget shall be incurred by the Executive Committee without the prior consent of the Board of Directors; b. carry out the policy decisions of the Board of Directors and make recommendations to the Board of Directors.; Page 8 of 33 Dakota Communications Center JPA c. adopt Committee Bylaws and amend the Bylaws from time to time as it deems necessary; d. review all administrative decisions concerning personnel, development efforts, operations, cost sharing, expenditure approval, utilization of personnel and equipment, and operational dedsions made by the Executive Director as deemed necessary by the Committee; e. assist the Board of Directors in the recruitment of candidates for the position of Executive Director and the review of candidate qualifications and provide recommendations to the Board of Directors on the hiring, termination and review of the performance of the Executive Director; f. conduct an annual evaluation of the Executive Director's performance and present its findings and recommendations to the Board of Directors before the date the Board approves the annual operating and capital budgets; g. establish and assign tasks to advisory subcommittees as the Committee deems necessary; h. make recommendations to the Board of Directors on changes to the membership of the DCC; i. Review, modify and approve to the proposed annual operating and capital budgets prepared by the Executive Director prior to submittal to the Board of Directors. 6.3 Voting by Committee Members Each Member is entitled to one vote at committee meetings and each vote shall be non- weighted (each vote having equal weight). In the case of a tie, the Chair of the Executive Committee shall cast a second and deciding vote. Only the chief administrator, or the designated alternate representative of a Member in the absence of the chief administrator, shall vote on matters coming before the Executive Committee. No proxy votes or absentee voting shall be permitted except as provided in this Agreement or in the Bylaws of the Committee. 6.4 Meetings a. Regular meetings of the Executive Committee shall be held as needed, but at least quarterly. At least 15 days prior notice shall be provided to each committee member of the date, time and location of such meetings. b. Special meetings of the Executive Committee may be called by its Chair, or any four members of the Executive Committee acting in concert, consistent with the procedures set forth in the Bylaws or operating procedures adopted by the Committee. 6.5 Officers of the Executive Committee Officers of the Executive Committee shall consist of a Chair and a Vice Chair. The Chair and Vice Chair shall be elected from among the representatives of the Members selVing on the Executive Committee. The officers shall hold office for the terms and under the conditions set forth in the Bylaws adopted by the Executive Committee. a. Chair. The Chair shall conduct meetings of the Executive Committee and shall selVe as the liaison between the Board of Directors and the Executive Committee. The Chair may Page 9 of 33 Dakota Communications Center JPA sign, with the Executive Director, any instruments which the Executive Committee, acting as a Committee, has authorized to be executed or as authorized by the DCC procedural rules of operation. The Chair shall also perform all duties incident to the office of Chair and such other duties as may be prescribed by the Executive Committee from time to time, provided that such actions are consistent with this Agreement and the Bylaws. b. Vice Chair. In the absence of the Chair or in the event of the Chair's inability or refusal to act, the Vice Chair shall perform the duties of Chair. The Vice Chair shall perform such other duties as may be requested by the Chair. ARTICLE VII EXECUTIVE DIRECTOR 7.1 Appointment and Vacancy a. The DCC shall have a chief operating officer of the title Executive Director. The Executive Director shall be the administrative head of the DCC and shall report to the Executive Committee for the administration and operation of the DCC. The Executive Director shall be an employee of the DCC. b. The Executive Director shall have appropriate administrative and executive qualifications for the position and shall have actual experience in and knowledge of accepted practices for a public safety communications system. c. Any vacancy in the office of Executive Director shall be filled as soon as possible after the effective date of such vacancy. In the case of absence or disability of the Executive Director, the Board of Directors may designate any other qualified person to carry out the duties of the Executive Director during such absence or disability. 7.2 Powers And Duties The responsibilities and duties of the Executive Director shall include the following: a. To attend meetings of the Board of Directors, the Executive Committee and the Operations Committee; (1) The Executive Director shall have the right to take part in the discussion of all matters coming before the Board of Directors, the Executive Committee and the Operations Committee but shall have no vote thereon; (2) The Executive Director shall be entitled to and be given notice of all meetings, regular and special, of the Board of Directors, the Executive Committee and the Operations Committee; (3) When the Executive Director is unable to attend a meeting, the Executive Director may appoint a DCC staff member to attend. b. To appoint, evaluate, promote, demote or remove employees of the DCC pursuant to the approved DCC budget and in accord with the policies and procedures of the DeC; Page 10 of 33 Dakota Communications Center JPA c. To recommend to the Executive Committee for adoption such policies and procedures as may be deemed necessary or expedient for the efficient operation of the DCC: d. To direct and oversee the day-to-day operations of the DCC and its employees and to expend operating and capital budgets consistent with the policies and direction of the Board of Directors; e. To enforce, administer, and implement the policies of the DCC as established by the Board of Directors and Executive Committee; f. To prepare a quarterly report of the DCC activities and provide copies to the Board of Directors and the Executive Committee; g. To prepare a proposed annual operating and capital budget as well as a report of estimated revenues in order to determine the estimated funds necessary to defray the expenses of the DCC for each fiscal year and to present the proposed operating and capital budget to the Executive Committee in the manner set forth under Article IX herein; h. To serve as a staff resource to the Executive Committee and the Operations Committee and coordinate the activities of the respective committees as required; i. To serve as a Member of regional committees, organizations and forums related to public safety communications and represent the collective interests of the DCC and its Members as required; j. To communicate regularly with the Members and other agencies utilizing the DCC communication services about operational, policy and training issues; k. To keep minutes of the meetings of the Board of Directors, Executive Committee, and Operations Committee and see that all notices of the Board and Committee are duly provided and/or published in accordance with the provisions of this Agreement and the Bylaws adopted by the Board, Executive Committee and Operations Committee or as otherwise required by law; I. To act as custodian of the business records of the DCC; and m. To perform such other duties as may be delegated from time to time by the Board of Directors or by the Executive Committee. ARTICLE VIII OPERATIONS COMMmEE 8.1 Membership on the Operations Committee Each law enforcement agency and fire agency of a Member of the DCC and the Dakota County Joint EMS Council shall have one seat on the Operations Committee. Each law enforcement agency, fire agency and the Dakota County EMS Council shall designate a primary member and an alternate member to the Committee. Each law enforcement agency and fire agency of a community that is served by the DCC but is not a Member of the DCC may participate in the Operations Committee as a non-voting, ad-hoc member. The Executive Director shall provide staff support to the Operations Committee and its subcommittees and shall provide information and guidance to the Committee and subcommittees as needed. Page 1.1. of 33 Dakota Communications Center JPA 8.2 Purpose and Powers of the Committee There is hereby established an Operations Committee of the DCe. The Operations Committee may establish and abolish advisory subcommittees, as it deems necessary. Initially, the Committee will have two subcommittees - the law Enforcement Subcommittee and the Fire/EMS Subcommittee. The Members of the Operations Committee and its subcommittees shall serve without compensation and shall be available to the DCC Executive Director and Executive Committee to assist in the coordination of: . Unified radio procedures; . DCC procedural changes that affect one or more Members of the DCC; . Field training and back up exercises; . DCC and Members' records management functions; . The orderly transmittal of inquiries regarding the handling of specific matters by the DCC. . Obtaining and preparing recommendations concerning operational input from the Executive Director of the DCC and the Members' public safety departments The Operations Committee shall have the following powers and duties: a. Be the personal contact at each Member's law enforcement or fire/EMS department for the Executive Director for daily procedural and operational issues; b. Provide liaison to the DCC Executive Director in the coordination and preparation of unified procedures and policies; c. Be a resource for the Executive Committee in researching special topics of interest; d. Forward comments and inquiries on the operation of the DCC from their respective agencies to the Executive Director after initial local review and screening; f. Coordinate field training and back-up exercises; g. Perform any other duties as required by the Executive Committee. 8.3 Voting by Committee Members It is expected that decisions and recommendations of the Operations Committee shall be made by consensus, but where consensus does not exist, the following procedure shall apply: a. Each Member of the DCC shall have a maximum of two votes on the Operations Committee - one from the law enforcement agency and one from the fire agency of that Member. A Member that operates a joint law enforcement or fire agency with another Member shall continue to have a voting seat on the Operations Committee for each joint agency. A Member that has only a law enforcement agency or fire agency is entitled to one vote. The Dakota County EMS Council shall have one vote on the Operations Committee. Votes shall be cast by the representative of each agency (or by his/her designated alternate, if such representative is absent) as the official representative to the Operations Committee. b. No proxy votes or absentee voting shall be permitted except as otherwise provided in the Bylaws of the Executive Committee. Page 12 of 33 Dakota Communications Center JPA c. Membership and voting on subcommittees established by the Operations Committee shall be as required by the Bylaws of the Committee or the resolution of the Committee that establishes the subcommittee. Each Member that maintains a law enforcement agency individually or jointly with another Member shall have one representative and one vote on the Law Enforcement Subcommittee. Each Member that maintains a fire agency individually or jointly with another Member shall have one representative and one vote on the fire agency Subcommittee. 8.4 Meetings and Actions The Operations Committee shall meet at least six times each year and may schedule additional meetings as deemed necessary and appropriate by the Membership. The meetings will be conducted in compliance with any direction provided to the Committee by the Executive Committee, subject to the policies established by the Board of Directors and the Executive Committee. Except as otherwise stated in the Bylaws, no action of the Operations Committee or its subcommittees shall be in effect until approved or ratified by the Executive Committee or, if deemed necessary by the Executive Committee, until approved or ratified by the Board of Directors. Any law enforcement, fire or EMS agency that receives dispatch services from the DCC may appear before the Operations Committee or its subcommittees to discuss concerns, complaints or other operational issues concerning the DCC. If the agency is not satisfied with the action or lack of action taken by the Operations Committee, that agency may appear before the Executive Committee to discuss the actions or policies of concern. Prior to appearing before the Executive Committee, the agency shall meet and confer with the Executive Director about the issues to be discussed with the Executive Committee. ARTICLE IX BUDGET 9.1 Recommended Annual Budget The Executive Director shall prepare a proposed annual operating and capital budget for the Executive Committee no later than May 1st of each year to allow the Executive Committee members to consult with their respective governing bodies and prepare a recommended annual operating and capital budget for consideration by the Board of Directors. An annual operating and capital budget shall be adopted by the Board of Directors at a regular meeting before September 1st each year. If the Board fails to adopt a budget by September 1st, the budget from the current year shall be deemed approved for the next year. This requirement to adopt a budget at a regular meeting of the Board by September 1st does not apply to the calendar year in which this Agreement is first executed. 9.2 Distribution of Recommended Budget No later than May 1st, copies of the proposed operating and capital budget as recommended by the Executive Director shall be delivered to each Executive Committee Member. 9.3. Review by Executive Committee Not later than August 1st of each year, the Executive Committee shall review the annual operating and capital budget as proposed by the Executive Director and make such Page 13 of 33 Dakota Communications Center JPA modifications, as it deems proper. Following approval by the Executive Committee, the proposed operating and capital budget shall be submitted to the Board of Directors for final approval. 9.4 Allocation of Costs to Members The cost of the operations and maintenance, and capital projects of the DCC will be shared by the Members. At the time of approval of the annual operating and capital budget, the Board of Directors shall fix the cost-sharing charges for all Members and any other participants in the DCC in amounts sufficient to provide the funds required by the approved annual operating and capital budget for the following year. Each Member shall take all required actions to authorize the funds necessary to meet its obligations under the approved annual operating and capital budget. From the effective date of this Agreement as defined in Artide II until the completion of the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based upon the Cost Allocation Model contained in Table 1 of Attachment B, which is incorporated into and made a part of this Agreement. When the Board adopts an operating budget and cost allocation for 2006, it shall also adopt a budget and cost allocation for 2005 to cover the expenses the DCC has incurred or will incur for the period from the effective date of this Agreement to December 31,2005. After the first full calendar year that the DCC is in operation, the allocation of annual operating and capital budget costs to Members shall be based on the percentage of the total number of events processed by the DCC in the previous twelve months that are attributable to that Member. An event is defined as a computer aided dispatching system (CAD) event (transaction as logged), a 911 telephone call processed, a ten-digit telephone call for service processed, and, when the DCC is able to capture this information, the number of data system inquiries processed by DCC employees. The calculation of the annual operating and capital cost allocation after commencing operations will be based on the formula in Attachment B, Table 3, which is incorporated into and made a part of this Agreement. During the first five (5) years that the DCC is in operation, the County of Dakota will provide a cash subsidy toward the operational budget in the amount of $62,500.00 per month based upon the Allocation of County SUbsidy contained in Table 2 of Attachment B. The amount of the County of Dakota subsidy for twelve months of DCC operation will be $750,000.00. The County of Dakota is not obligated to provide an operational budget subsidy after the initial five (5) years of DCC operations. 9.5 Billing and Delinquent Payments Invoices for the cost-sharing charges shall be provided to Members monthly. Any Member whose charges have not been paid within thirty (30) days after billing shall be assessed interest on the delinquent payment(s) at a rate determined by the Board of Directors, not to exceed the maximum authorized by law at the time the payment becomes delinquent. The Directors and representatives of a Member that is delinquent on such payment shall not be entitled to vote on any matters coming before the Board of Directors or the Executive Committee until all delinquent payments and interest have been paid. Page 14 of 33 Dakota Communications Center JPA . 9.6 Expenditure of the Annual Budget. The Board of Directors and/or the Executive Committee may establish procedures and limitations as may be necessary to preserve the integrity and purpose of the approved operating and capital budget. After adoption of the annual operating and capital budget by the Board of Directors, the Executive Director and the Executive Committee shall make all expenditures in accordance with such budget. Purchases and/or letting contracts shall be done in accordance with procedural guidelines established by resolution of the Board of Directors, consistent with Minnesota law. The Executive Director shall have the power to transfer funds within the total annual operating budget in order to meet unanticipated needs or changed situations. The Executive Director shall not transfer funds within the total annual capital budget or between the operating budget and capital budget. The Executive Director shall report any transfer of funds within the annual operating budget to the Board of Directors and the Executive Committee in the Director's next quarterly report. 9.7 Credit or Payment to Members for Services The Board of Directors may approve contract payments or cost-allocation credits to any Member that provides services, resources or property to the DCC. ARTICLE X AUDIT The Board of Directors shall call for an annual audit of the financial affairs of the DCC, to be performed by an independent Certified Public Accountant retained by the Board in accordance with generally accepted auditing principles. A copy of the annual audit report shall be provided to each Member. ARTICLE XI TERMINATION AND DISSOLUTION 11.1 Termination. This Agreement shall terminate upon the occurrence of anyone of the following events: a. When 4/Sths of the Members agree by non-weighted voting, pursuant to a resolution of their governing bodies, to terminate the Agreement. b. When necessitated by operation of law or as a result of a decision by a court of competent jurisdiction. 11.2 Effect of Termination. Upon the occurrence of one or more of the events in Section 11.1, the DCe shall be terminated and dissolved in accord with the provisions hereof. a. Termination shall not discharge any liability incurred by the Board or by the Members during the term of this Agreement. Page 15 of 33 Dakota Communications Center JPA b. Each Member shall be liable for its own acts and for the acts of the Board to the extent provided by law and this Agreement. c. Property that is owned by the DCC at the time of termination, including any surplus money, shall be divided among the units of government that are Members of the DCC at the time of termination, in proportion to their average respective regular and special assessment payments toward the operating and capital budgets for the preceding three (3) fiscal years. If liabilities exceed all assets, the difference shall be made up by contributions from all Members on a proportionate basis according to the then prevailing annual budget assessment formula. d. The Board shall approve a final report of its activities and affairs prior to dissolution of the DCe. e. Upon such termination and dissolution, and after payment of all debts, all files and documentation shall be distributed to the Member community that has jurisdiction of the subject matter of the file or documentation without charge or offset. Records of the DCC shall be retained by the County of Dakota consistent with its current document retention schedules. f. Equipment and property that is owned by an individual Member or Members that is being used by the DCC at the time of termination shall be returned to the owner(s) upon termination and dissolution of the occ. ARTICLE XII WITHDRAWAL OF A MEMBER At any time after the Initial Term of this Agreement, any Member may withdraw from the DCC subject to the provisions of this Article. a. Such withdrawing Member shall give written notice before July 1st of any year and at least 18 months prior to the intended date of withdrawal, in the form of a certified copy of a resolution passed by its governing body, a copy of which must be mailed or delivered to the Executive Director of the DCC and the Chairs of the Executive Committee and Board of Directors. b. Sixty (60) days notice provided by the Executive Director or the Board of Directors to any Member of its nonpayment of cost allocation fees as set forth herein, and/or the refusal or declination of any Member to be bound by any obligation of the DCC, shall also constitute notice of withdrawal of such Member, and if the Member fails to cure nonpayment or refuses to comply with an obligation within the Sixty days (60), withdrawal of that Member from the DCC shall become effective on the Sixty Rrst day after mailing of said notice. The Force Majeure provisions of Article YN apply to a non- payment of charges and fees and the refusal or declination of a Member to act. c. Withdrawal of a Member shall also constitute withdrawal of its representatives to the Board of Directors, the Executive Committee and the Operations Committee and subcommittees. d. The withdrawing Member shall forfeit any and all interest, right and title to DCC property and assets of any type whatsoever. Page 16 of 33 Dakota Communications Center JPA e. The withdrawing Member shall be liable for all costs incurred by the DCC as a result of the Member's separation and withdrawal. This may include, but is not necessarily limited to, legal fees, court costs and interest-on late payment of obligations. f. The withdrawing Member shall continue to be responsible for: 1. One hundred (100%) percent of that Member's pro rata share of the operating costs of the DCC that are incurred up to the date of withdrawal, and One hundred (100%) percent of that Member's pro rata share of any capital debts, liabilities or obligations of the DCC that were incurred prior to the date of providing notice of intent to withdraw and are due and payable before the effective date of withdrawal. 2. For any contractual obligations it has separately entered into with the DCe. ARTICLE XIII INSURANCE AND INDEMNIFICATION 13.1 Insurance and Umitations on Uability The DCC shall purchase insurance for the operation, equipment and facilities of the DCC and workers compensation insurance for DCC employees, as the Board of Directors or Executive Committee deems necessary. Such insurance shall name each Member as an additional insured, and may name other entities that purchase communications services from the DCC as additional insureds if deemed appropriate. By purchasing insurance the Members do not intend to waive, and shall not be interpreted to constitute a waiver by any Member of limitations on liability or immunities provided by any applicable Minnesota law, including Minnesota Statutes, Chapter 466. If the DCC incurs a legal liability that is not covered by insurance, is within its statutory liability limitations and to which no liability exemption or immunity applies, that liability shall be paid by contributions from all Members on a proportionate basis according to the then prevailing annual operating budget assessment formula. If the Board of Directors incorporates the DCC as a nonprofit corporation, the Members shall collectively be responsible for any liability not covered by insurance only to the extent required by law. 13.2 Third Party Action Against a Member Each Member that is subject to a claim of any nature commenced by a person or entity that is not a Member of the DCC, which arises as a consequence of the acts or omissions of such Member's personnel in responding to, or providing emergency services pursuant to a dispatch by the DCC shall, at such Member's sole expense, indemnify and save free and harmless any other Member, and its officers, employees and agents from any cost, expense, attorney fees, judgment or liability of any nature when any other Member is subject to the same claim solely as a consequence of such other Member being a Member of the DCC. 13.3 Third Party Action Against the DCC In the event the DCC and/or its Directors, officers, employees and agents are subject to a claim of any nature which arises as a consequence of the acts or omissions of Member's personnel in responding to or providing emergency services pursuant to a dispatch by the DCC, such Page 17 of 33 Dakota Communications Center JPA Member shall at its sole expense, indemnify and save free and harmless from any cost, expense, attorney fees, judgments or liability of any nature the DCC and/or its officers, Directors employees and agents unless it is determined that the officers, Directors, employees and/or agents of the DeC acted in a negligent or intentionally wrongful manner in connection with dispatching the personnel of the Member. 13.4 Member Action Against the DCC In the event that any Member should file suit or an action against the DCC, all representatives of that Member shall be prohibited from attending any meetings or discussions or having access to the results of such meetings related to the defense of the suit or action. The Member's representatives shall have no direct access to any written communication concerning the matter except by legal process, and no representative of the Member shall be allowed to vote on any issue related to the suit or action. ARTICLE XIV RESOLUTION OF DISPUTES The Members agree to engage in good faith efforts to resolve any disputes that arise over the establishment, operation or maintenance of the DeC. Members that have concerns about the operations of the DCC may appear at meetings of the Operations Committee, Executive Committee and Board of Directors to discuss issues of concern. ARTICLE XV FORCE MAJEURE A Member shall not be liable to the DCC or another Member for the failure to perform an obligation under this Agreement due to unforeseeable acts or events outside the defaulting party's reasonable control, providing the defaulting Member gives notice to the Board of Directors and Executive Committee as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or military authority, and natural disasters. ARTICLE XVI MISCELLANEOUS PROVISIONS 16.1 Entire Agreement This Agreement shall supersede all prior oral or written statements, agreements and understandings between or among the parties hereto with respect to the establishment and operation of a county-wide public safety communications center. 16.2 Attorneys' Fees. In the event of litigation relating to the Agreement, the prevailing party (e.g. the party whose position is substantially upheld) shall be entitled to recover from the losing party any costs or reasonable attorney's fees incurred by the prevailing party in connection with such litigation. 16.3 Severability. If any provision of this Agreement shall be held to be invalid by a court of competent jurisdiction, the remaining terms of this Agreement to the extent not Page 1.8 of 33 Dakota Communications Center JPA inconsistent with any such holding, shall not be affected thereby if such remaining terms would then continue to conform with the requirements of applicable laws. 16.4 Counterparts: This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall be deemed to constitute one and the same agreement. 16.5 Waiver. Any right or remedy that a party may have under this Agreement may be waived in writing by such party without the execution of a new or supplementary agreement, but any such waiver shall not affect the future exercise of the rights of such party hereunder (to the extent not previously waived in writing) or any other rights of the parties not specifically waived. No waiver of any right or remedy by any party at anyone time shall be deemed to be a waiver of any such right or remedy in the future. 16.6 Amendments, Modifications. This Agreement may be amended or modified only by a written document, duly executed by all parties that are Members of the Dee on the date the amendment is executed. 16.7 Section Headings. The descriptive headings of the articles, sections and subsections of this Agreement are for convenience only and shall not affect the meaning or construction of any of the provisions hereof. 16.8 Governing Law. The respective rights, obligations and remedies of the parties under this Agreement and the interpretation thereof shall be governed by the laws of the State of Minnesota which pertain to agreements made and to be performed in the State of Minnesota. 16.9 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto. 16.10 Further Assurances. Each party hereto shall from time to time execute, acknowledge and deliver such further instruments and perform such additional acts at no cost to such party as the other party may reasonably request to further effectuate or confirm the intent of this Agreement. 16.11 Good Faith: In exercising its rights and fulfilling its obligations hereunder, each party shall act in good faith. Each party acknowledges that this Agreement contemplates cooperation between and among the parties. Page 1.9 of 33 Dakota Communications Center JPA IN WITNESS WHEREOF, the undersigned governmental units, by action of their governing bodies, have caused this Agreement to be executed in accordance with the authority of Minnesota Statute ~471.59. Approved by the City Council CITY OF APPLE VALLEY Date By Date of Signature Attest Date of Signature Page 20 of 33 Dakota Communications Center JPA Attachment A: Dakota Communications Center Joint powers Agreement Organizational structure . . Page 32 of 33 Dakota communications Center JPA Attachment B , Table 1 - Budget Cost Allocation Model for Joint Dispatch Applies to all time periods prior to operation Community Apple Burnsville Dakota Eagan Farmington Hastings Inver Lakeville Mendota Rosemount South West Valley County Grove Heights Saint Saint Hei2hts Paul Paul % of Total 12.60 17.09 6.97 18.00 4.83 4.08 6.39 11.48 1.74 4.89 5.87 6.04 Activitv Percentages calculated based on end of year activity totals for 2004; these percentages were calculated during the HiPP Joint Dispatch Project and presented as back-up data to the City and County resolutions for participation in a Countywide Joint Dispatch Operation (Cost Model 2 Revision 050405). Table 2 - Allocation County Subsidy The County has agreed to provide a subsidy for the first five years (60 months) of operation for the joint dispatch entity. This subsidy will be $750,000 for the first twelve months. After the first full year of Joint Dispatch Operation, the County Subsidy amount will be adjusted by the U.S. Dept. Labor Bureau of Labor Statistics Consumer Price Index - All Urban Consumers for Minneapolis-St Paul for the previous calendar year. The table below illustrates the aggregate amount of the subsidy at a run rate of$62,500 per month; this table is to be used to determine the subsidy amount on a pro-rated basis for the first calendar year period that joint dispatch is "operational". Annual 1 2 3 4 5 6 7 8 9 10 11 12 Months of Operation Amount $62,500 $125,000 $187,500 $250,000 $312,500 375,000 $437,500 $500,000 $562,500 $625,000 $687,500 $750,000 of County Subsidy Table 3 - Calculation of Annual Operating Cost Allocation after Joint Dispatch is Operational Annual Share of Operating Costs = [Total Operating Costs - (Calculated County Subsidy)] x Percent of Total Activity for Community Page 33 of 33 Dakota Communications Center JPA VIII-C-2 MEMO Date: 8/23/05 City of Hastings Parks & Recreation To: Honorable Mayor and City Council Department 920 W 10th St. From: Barry Bernstein, Parks and Recreation Director Hastings, MN 55033 Ph: (65\) 480-6175 Subject: Lions Park Parking Lot Fax: (651) 437-5396 www.ci.hastings.mn.us Background: Hope Lutheran Church located on 5th Street to the north of Lions Park approached Aquatic Center City staff regarding expanding the church and fulfilling their off-street parking 901 Maple St. requirement. Members of the church attended an NRRC meeting on August 9th, 2005 Hastings, MN 55033 Ph: (651) 48G-2392 to discuss the idea and placement of a parking lot in Lions Park that the church is able Fax: (651)437-5396 to use as well as park visitors. The NRRC expressed an interest to proceed with the proiect with these considerations: . City does not provide any development cost to construct the parking lot Civic Arena . The water run-off is controlled and goes into a natural filtration system 2801 Redwing Blvd. (Rainwater Garden). The filtration garden will be at the church's expense to Hastings, MN 55033 Ph: (65\.) 480-6195 construct. Fax: (651) 437-4940 . An understanding that the City will not allocate any overtime on weekends to plow this lot in the winter and the church and the city will work out an arrangement for snow removal (not at city's cost). . All design and engineering work must be approved by the City in advance. . This project will be in accordance to City standards and any issues or cost overruns will be at Hope Lutheran Church's expense. . A fonnal agreement will be in place prior to construction. Action: The NRRC approved the concept at its August 9th, 2005 meeting. In addition, this subject was discussed at a Park and Recreation Conunittee of Council meeting on August 15,2005. Both agree in concept to approve this idea as long as the church meets its obligations set forth in this memo and upon a fonnal agreement approved by the City Attorney. I recommend to the City Council to approve the placement of a parking lot in Lions Park by Hope Lutheran Church provided they meet the listed criteria. h ,. ':'~ ::.:;;-,,-:? .~':T':(j.::.;.~'.. (/J ~"""'}it:'" OJ: irl .~r . -,." @ :~'~Ji~ .'; ~..c:: "'-'" 0','- '. . .' ..... U F7, (',f ',' . . --< ~.,.ot......, ~;l; " , ,::: o \ z tIt ' . ' . . ',' -:;-! ~'~ : ?,~~: " ":,',, " ',' ~ 0'(<) "'_ -'0 . (I '~-;to I U'), 10 '.' '> ~. '. . -~. .~. .' :.' . ," -" 'of. ~. ~ <f i~L "" f-'- "":~i .~i~'..- >~_\< c.,., ~ >..,,",,'''; ..,.....~c.:_:." ~:';',::.: "":'.:'C .~~:~~~!i~;~lF . ."~"..^~ ~,0;-~,~~--.:....", ,', ,~,.....,:<<t~'*- '..;:.:j>,;, .~' . " -""""pa--..".tl1:: ~c~;e "'c.' > , >'~ (f)S!.;~>:D;$I'Z~.".<..:, r:rt ~ ,UL -'t..i . '< "11<1..... :'~ 'f~' ~.~' ....):Ii ""' ~ . , '...~~~ .,./ (j'--'K< ~"::cr."" ..' " , .' ""'" :Q..i.~, Uj.,''""";',~' '.."''X'-..., .'. ~~.... ~'.~ n;..~ ,U.I.. .. -=. ~Jf= """.0' 'ur .>. m~~>~:fl,Zt''m;~~.g:. ... " .".... .~ ;n;"tft~ ~..OO'- ';:. ,~k: '< :'0 :';:r ~."""".' ~<~ 00. ;.J;;:J; , ,~'~'- '.. "" ,"~;" '..",., .,~." ..,..,,.~" 'h"'> .A: .....-t..... J.,L;; r= ' ': : --.::?Z::m li.:'i.' " 0"" .' , ", U:.!X:?~'~'~"'Z;!g,~~: '. '. . ~'fE';"" "~LA'~"';;;~,g;" .",~, , ' --.B' ~ --~... "Y.'r. '" , ,C}~~..::.;>-' ~ .<,. 'M. .: " , ''''''''I.:L!~~.'':' G&'W~'Z.u;;>. ~ ~,' ~..-" iI;(;.,,,,,",, _ 's: ~-"'.~, .-:--.. . -- \;:..7-j: ". ~ ~ ""~ . ':'-. '$.,-'Jtb"'{';"<O!m;''f!.'.,:~9>ID. '~ ~., -- . ..~wr;;..r. ...~~ :"."... '\< 0V'0 .. " ,'Ht'-.C'\, ...,...~ . "~'~'W.' , ," ~: ~~.:,~;~~ r :'i.~:.. _~~ '~-",~ ~'-::'r :f ~-. I' ';Itiy,.......~at,.~.. ~(})}-'" ',- ". . '.,' '" ,,;:~,:~~'~~;:n;'~" ~~~!.<"~'i!".~~;;.:\..: . ~ ,. . ." ,tn" Wf.. '''tI'J,< ":AF:~' , , ' . '. " "X'<!' '. ~.., .n..,. ~: " .' ',' . , ,,,,,,,,,'F':'h" .. ,'._' ..~C"" " ',. >. .' ~~~'-" ;. 8> ......... ., " --,. , ,',)' "', ~ ~ ~I' ,~~ .....'1--,~~" . . : " . .,m'~~'M .;):iIi::ti~, ,",' .., . .........., ,t:rl;;..~ ..,.;".,~. "$~"'" ',; , ".'3:,O:>~'~ -t""i. . ;':".~. ~'~ -,.- <~. ~m~-, \.,..J; "', ,,'\... "'.'~~_ '. ' tt~, ,". . ~"<;, -,,-~ ~>'" .:_~< :~~,.~;t:~~'i:~~.~~~':l~1;K~+~J~~'<~"{~~::~!L '0..' A-. ~'-;"'.,-.., .'" VI-7 CITY OF HASTINGS RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A PROPOSED 2006 HRA SPECIAL TAX LEVY WHEREAS, the Housing and Redevelopment Authority in and for the City of Hastings adopted Resolution 9-05. This Resolution authorizes the Levy of a Special Benefit Tax pursuant to Minnesota Statutes 469.033 Subdivision 6; and WHEREAS, the Housing and Redevelopment Authority in and for the City of Hastings (the "Authority") was created by the City Municipal Housing and Redevelopment Act, Minnesota Statutes. Section 469.001 to 469.047 (formerly, Section 462.411 to 462.711) ("the Act"); and WHEREAS, Section 469.033, Subdivision 6, of the Act permits the Authority to levy and collect a special benefit tax of up to .0144 percent of taxable market value in the City upon all taxable property, real and personal, within the City; and WHEREAS, the Authority desires to levy such tax based upon the limit of .0144 % of the taxable market value, and WHEREAS, the levy of such a special benefit tax is subject to consent by Resolution of the City Council of the City of Hastings. NOW, THEREFORE BE IT RESOLVED, by the Hastings City Council that the City of Hastings HRA Special Levy be granted, subjected to the limit of .0144 percent of taxable market value as per Minnesota Statue. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 6th DAY OF SEPTEMBER, 2005. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, Assistant City Administrator/City Clerk