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HomeMy WebLinkAbout05-05-03CITY OF HA TING$ 6:30 p.m. Downtown Master Plan Open House COUNCIL MEETING Monday 7:00 P.M. DATE: May 5, 2003 I. CALL TO ORDER: II. ROLL CALL: II1. DETERMINATION OF QUORUM: HERITAGE PRESERVATION WEEK-ANNUAL AWARDS TO OWNERS OF HISTORIC PROPERTIES IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on April 21, 2003 V. COUNCIL ITEMS TO BE CONSIDERED: VI: CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Development Agreement: South Pines 6-Highway 316 & Michael (Lawrence Builders) 3. Ist Reading/Order Public Hearing: Vacation of Right-of-Way and Easement #2003~35 - 500 2nd Street West (Rick Ries) 4. 1st Reading/Order Public Hearing: Vacation of Easement #2003-36 - South Pines 5 Trail (Ed McMenomy) 5. Economic Development Commission Bylaws 6. Authorize Participation on Regina Medical Center Board of Directors 7. Resolution-Final Payment RKI, 2001 Improvement Program, $23,311.46 8. Joint Powers Agreement Wetland Health Evaluation Program with Dakota County 9. 2003 Budget Adjustments 10. 2003 Wire Authorization 11. County Storage Area VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-2003 Riverwood and South Oaks Street and Utility Improvements IX. X. XI. XlI, Public Works 1. Resolution-Ordering 2003 Riverwood and South Oaks Street and Utility Improvements 2, Resolution-Approving Plans and Authorizing Advertisement for Bids for 2003 Riverwood and South Oaks Street and Utility Improvements Planning 1. Resolution-Adopting Master Plan for Downtown Area 2. Request for Council Participation in Redevelopment Process C. Administration COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: Xlll. ADJOURNMENT Next Regular City Council Meeting on Monday, September 16, 2002 CITY OF HASTINGS 6:30 p.m. Downtown Master Plan Open House COUNCIL MEETING 7:00 P.M. Monday DATE: May 5, 2003 CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: HERITAGE PRESERVATION WEEK-ANNUAL AWARDS TO OWNERS OF HISTORIC PROPERTIES IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on April 21,2003 V. COUNCIL ITEMS TO BE CONSIDERED: VI: CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Development Agreement: South Pines 6-Highway 316 & Michael (Lawrence Builders) 3. 1st Reading/Order Public Hearing: Vacation of Right-of-Way and Easement #2003-35 - 500 2nd Street West (Rick Ries) 4. Ist Reading/Order Public Hearing: Vacation of Easement #2003-36 - South Pines 5 Trail (Ed McMenomy) 5. Economic Development Commission Bylaws 6. Authorize Participation on Regina Medical Center Board of Directors 7. Resolution-Final Payment RKI, 2001 Improvement Program, $23,311.46 8. Joint Powers Agreement Wetland Health Evaluation Program with Dakota County 9. 2003 Budget Adjustments 10. 2003 Wire Authorization 11. County Storage Area VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-2003 Riverwood and South Oaks Street and Utility Improvements VIII. REPORTS FROM CITY STAFF: Public Works 1. Resolution-Ordering 2003 Riverwood and South Oaks Street and Utility Improvements 2. Resolution-Approving Plans and Authorizing Advertisement for Bids for 2003 Riverwood and South Oaks Street and Utility Improvements Planning 1. Resolution-Adopting Master Plan for Downtown Area 2. Request for Council Participation in Redevelopment Process C. Administration IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: Xll. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: Xlll. ADJOURNMENT Next Regular City Council Meeting on Monday, September 16, 2002 Council Minutes will be available on Monday May 5, 2003 May 1, 2003 TO: FROM: RE: The Honorable Mayor and Council John Grossman, HPC Staff Preservation awards Each year the Heritage Preservation Commission surveys the conununity and selects a number of properties as good examples of historic preservation. They do not need to be designated properties. Awards are made for appropriate remodeling, compatible new construction, restoration of original materials and design, or for proper maintenance of material and design. Awards are made in May to coincide with National Preservation Week, May 4 - 10. Other historic communities in Minnesota and across the country are reco~tmizing the importance of historic preservation at thin time. This years awards will be presented at the Council Meeting of May 5 to the following persons for their work on these properties. 602 W 4th St. Richad Ohm,an and Mary Jenkins 535 5th St. W. Patricia Ronken 321 E. 5t~ St. Chris and Melissa Worthington 718 Vermillion St.Rick Smith and Leslie Atwood 212 W. 7t~ St. Stevan Bomdale 224 W. 7m St. Joeseph and EliTabeth Balsanek 307 S~ley St. Paul and Teresa Kranz 213 E. 2~d St. Tom and Karen Jung 200 E. 2~d St. and 202 E. 2~a St. Robert and Mary Bezdichek 105 E. 2~a St. Rick and Bonuie Sue Ries 207-209 Sibley St. Bob and Barb Hollenbeck G:'~%-'~x~,d.~ 003 .do~ Date: 09/01/2003 Time: 12:04:09 Operator: BECKY LINE '~J JJJ Department Vendor Name Description Amount DELLWO, PAUL REFUND O~ERPAY HEALTH IN 52.50 Total for Department 000 52.50* 115.08 115.08' ADMINISTRATION AT&T LONG DISTANCE 198.91 ADMINISTRATION BOISE CASCADE OFFICE OFFICE SUPPLIES 590.9% ADMINISTRATION FARMER BROS CO. COFFEE 23.92 ADMINISTRATION OSBERG, DAVID M. MAYOR/MGR BREAKFAST 10.82 Total for Department 105 824.59* Date: 05/01/2003 Time: 12:04:10 Operator: BECKY F, LINE Page: 2 CITY OF HASTINGS FM Entry - Invoice payment - Department Report Department Vendor Name Description Amount POLICE UNIFORMS UNLIMITED MUNSON UNIFORMS Total for Department 201 7.99 83,878.84* 57.51 1%5.91 2,909.58 3,113.08' Total for Fund 101 129,501.%7* 33.34 36.00 40.00 235.02 125.75 213.00 56.55 Page: 3 Department Vendor Name Descripcion Amount Total for Department 401 Total for Fund 200 36.21 142.87 56.94 43.65 Total for Fund 201 415.23' Total for Fund 206 6,340.72* 3,222.60* Total for Fund 402 7,577.00' Total for Fund 491 Total for Fund 492 70.00* Date: 05/01/2003 Time: 12:0%:10 Operator: BECKY KLINE Page: CITY OF ~ASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fund 493 702.50* Total for Fund 600 20,383.03* PUBLIC WORKS PDBLI C WORKS PUBLIC WORKS PUBLIC WORKS Total for F~ 601 3,013.84- Total for Fund 610 370.90* Total for Fund 615 9,259.02- PUBLIC WORKS JAY~CH, INC. GLYCOL 171,04 Date: 05/01/2003 Time: 12:04:10 Operator: BECKY KLINE Page: 5 Department Vendor Name Description Amount PUBLIC WORKS PUBLIC WORKS To~al for Fund 620 3,804.84* Grand Total 211,$85.08- May 5, 2003 APPROVED: City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Moratzka Councilmember Hicks Councilmember Yandrasits Mayor Wemer Memo To: City Council From: Becky Kline Finance Department Date: 04~29~2003 The attached Department Report itemizes vouchers that were paid on Apd129, 2003. Thankyou. Da=e: 04/29/2003 Time: 09:21:12 Operator: BECKY KLINE Department Vendor Name Description Amount FILTEP~FRESH COFFEE SERVICE Total for Department 102 180.00 188.00· ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION LSGAL 10,838.33 10,838.33' PLANNING 38.02 38.02* Date: 04/29/2003 Time: 09:21:12 Operator: BEC--Ky KLINE Page: 2 Total for Pkmd 101 33,270.27* 517.59 25.00 498.42 15.88 1,056.99' 1,056.89' 96.22 96.22* Total for Fund 201 96.22* 09:21:1£ Operator: szcKY KLIN~ page CITY OF FASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Department 170 822.67* Total for Fund 210 522.67* MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 000 80.00 80.00* 7,155.83' Total for Fund 407 20,00* Total for FU~d %92 3,154.81- Date: 04/29/2003 Time: 09:21:13 Operator: BECKY KLINE CITY OF FL~STINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount DEBT DEBT DEBT DEBT DBBT DEBT DEBT DEBT DEBT Total for Department 300 10,599.53, Total for FL~nd 493 10,599.53, DAKOTA COUNTYTR~AS- 2003 ASSESSM~IT FBBS 321.00 Total for Department 700 321.00' Total for Fund 500 321.00' DAKOTA COUNTY TREAS- 2003 ASSESSMENT FEES 129.00 To=al for Department 700 129.00' Total for Fund 520 129.00' DAKOTA COUAFf~ TREAS- 2003 ASSESSMENT FEES 348.00 Total for Department 700 348.00* Total for Fund 521 348.00* DAKOTA COUNTY TR~AS- 2003 ASSESSMBNT FEES 255.00 Total for Department 700 255.00* Total for Fu~d 589 255.00* Date: 04/29/2003 Time: 09:21:13 Operator: BECKY F~LINE Page: Department Vendor Name Description Amour Total for Fund 600 4,110.99- P~LIC WORKS DAKOTA COUNTY T~EAS- 2003 ASSESSMENT FEES Total for Department 300 Total for F~nd 601 18.00. Total for F~nd 610 39.75* To:al for Fund 615 131.63- Total for Fund 620 13,327.68. Grand Total 81,336.68' Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director May 5, 2003 Development Agreement - South Pines 6 REQUEST The City Council is asked to approve the attached Development Agreement between the City and Lawrence Builders for the Final Plat of SOUTH PINES 6, consisting of 27 single family homes and two outlots. The project is located southwest of Michael Avenue and Highway 316. The City Council granted Final Plat approval on April 21,2003. As a condition of approval, the developer was required to enter into a development agreement with the city to memorialize conditions of approval. ATFACHMENTS · Location Map · Final Plat · Development Agreement DEVELOPMENT~4 GREEMENT FOR SOUTH PINES 6 THIS~4GREEMENTismadettfis dayof ,2003, by and between the City of Hastings, a Minnesota Municipal Corporation (City) and Samuel H. I-Iertogs and Shirley J. Hertogs, husband and wife, Paul W. Lawrence and Delores Lawrence, husband and wife, William J. Crist and Mary A. Crist, husband and wife and McMenomy & Hertogs, a Minnesota Corporation ("Developer"). WHEREAS, Developer proposes to undertake the development and construction of a residential development on property proposed to be platted as South Pines 6, Dakota County, Minnesota, (hereafter referred to as "Subject Property"); and WHEREAS, public hearings have been held providing the opportunity for input by the neighbors and other interested persons; and YYHEREAS, the Hastings City Council has approved Developer's proposed plat of the Subject Property, subject to Developer entering into this Development Agreement and otherwise complying with all conditions of city council approval; and WHEREAS, Developer, is signing this Development Agreement fully expecting to bind its interest in the Subject Property to the extent set forth herein. NOVr' THEREFORE, it is hereby agreed between the parties as follows: 1. ,4pplication o]~Development~l~reement. This Development Agreement shall apply to the following property proposed to be platted in the City of Hastings, Dakota County, Minnesota, legally described as: South Pines 6, according to the plat thereof, to be filed in the Dakota County Recorder's Office. This property hereafter shall be referred to as "Subject Property". All references in this Development Agreement to a lot, block or outlot, shall refer to lot, block or outlot contained in the plat of South Pines 6. 2. Parties ,4uthoritv to Sign. Developer warrants to the City they have full authority to enter into this Development Agreement and perform the conditions herein contained. Developer further warrants that this Development Agreement will be recorded against the Subject Property before any of the Subject Property is transferred or encumbered in any way. 3. Density. The Subject Property has been approved for 27 single family lots and two outlots. All development of the Subject Property shall be consistent with the conditions of preliminary plat and final plat approval imposed by the Hastings City Council. No development shall occur on any outlots until the outlots have been replatted. 4. Lot 2, Block 3. Future home construction on Lot 2, Block 3, must face Kinglet Drive and not Martin Lane. 5. Park Dedication Fees. The park dedication fees for the Subject Property are $22,950.00. The park dedication fees must be paid before the City will release the 2 final plat of the Subject Property. TrailEasement. Developer is hereby being put on notice that when Outlots A or B of the Subject Property are platted, the Developer will be required to provide the City with a trail easement along the west/south side of Martin Lane from Kinglet Drive to Michael Avenue. Furthermore, this trail will be required to be constructed by Developer at Developer's sole cost. Maintenance o~f Common Open Areas,, Cul-de-Sac Islands, Median Island Plantings. Prior to the City signing the final plat of the Subject Property, Developer shall provide to the City, documentation showing the creation of a homeowner association(s) that will be responsible for the ongoing maintenance of all common open spaces, cul-de-sac islands and median island plantings. Developer may elect to have more than one homeowner association created to maintain these areas. Developer must record the proper documentation with the Dakota County Recorder's Office so as to inform all future property owners of any lot in the Subject Property that the City will not be responsible to maintain any common open space, cul-de-sac islands or median island plantings in the Subject Property. This Development Agreement shall also serve as notice to all future owners that the City will not be responsible to maintain any of those areas. All common open areas, cul-de-sac islands and median island plantings shall be maintained to City standards. All cul- de-sac islands must be landscaped. The existing homeowner association responsible for the maintenance of the Kinglet Court cul-de-sac island shall be amended to include the abutting lots in South Pines 6. Sewer Interceptor Fees. Before the City will release the signed final plat for 3 10. 11. 12. 13. recording, Developer must pay to the City sewer interceptor fees in the amount of $8,775.00. MNDOTApl~roval. Developer must obtain MNDOT approval of the before and after hydraulic computations for both the 10 year and 100 year storm events showing drainage paths, nm-off coefficients, ponding calculations and locations. All costs associated with complying with MNDOT's requirements or recommendations shall be paid by Developer. Developer understands the final plat is subject to MNDOT approval. Developer agrees to incorporate all of MNDOT's comments into the final plat. MNDOT will also be reviewing other aspects of the final plat of the Subject Property. Developer agrees to incorporate any other MNDOT comments into the final plat of the Subject Property. Environmentallssues. Developer agrees to comply with all requirements of Dakota County pertaining to the abandoned irrigation wells and other related environmental concerns on the Subject Property. Developer agrees that the City will not issue any building permits for the Subject Property until all of the Dakota County concems have been addressed. Developer shall further provide evidence that all individual sewage treatment systems on the Subject Property have been properly abandoned. Access to Highway 316. There shall be no other direct access from the Subject Property to Highway 316. Schedule of Lot Sir, es. Prior to the City signing the final plat, Developer shall submit to the City a schedule of square foot sizes for all platted lots in the Subject Property. Uverade of Michad Avenue. Developer shall be responsible for the upgrade of 4 14. Michael Avenue between Martin Lane and Highway 316. This upgrade to Michael Avenue shall be constructed to City standards pertaining to road base and bituminous pavement. Curb and gutter will not be required. Streets. A. Grading. Streets shall be graded to the full width of the right-of-way in accordance with street grades submitted to and approved by the Public Works Division. All street grading and gravel base construction will be in accordance with specifications on file in the Public Works Division. Grading must be completed prior to the installation of applicable underground utilities, either private or public in nature. Gravel base construction shall be undertaken after completion of the installation of underground utilities. Surfacing. Following Public Works Division approval of street grading and after utility installation, streets shall be surfaced and provided with concrete curbs and gutters in accordance with the latest recommended plans and specifications prepared by the Public Works Division, approved by the Council, and on file at the City. Boulevard Sod. Developer shall install a 3 foot strip of sod directly behind the curb as part of the street construction process. This boulevard sod strip shall be planted prior to the development being approved for building permits. If weather or sod supply does not allow the sod to be installed before building permits are requested, then the developer shall provide the City a letter of credit for the sod installation and shall install the sod as soon as feasible. 5 15. Site Grading. The entire Subject Property, i.e. all platted lots and all outlots, shall be graded at the same time. All site grading on the Subject Property shall be completed according to the grading plan approved by the City. All disturbed areas on the Subject Property must be stabilized with a rooting vegetative cover to eliminate any erosion problems. All disturbed areas on the Subject Property shall also be maintained so as to comply with all City of Hastings property maintenance ordinances. As-Built Grading Plan - Upon completion of site grading, the Developer shall submit to the Public Works Division for review, an as-built grading plan in a type and format specified by the Public Works Division showing the newly graded elevations at all lot comers, critical elevations in drainage ways, one foot contours at ponding and sedimentation basins, and at ponding level control points for ponding basin emergency overflow swales. 16. Letter of Credit and Inspection Escrows. A. Before Developer begins any grading on the Subject Property, Developer shall post with the City a letter of credit or escrow in the mount of 125% of the grading cost. B. Before the Developer begins any street and utility construction, Developer shall post with the City a letter of credit or cash escrow in the amount of 125% of the street and utility improvement costs. Additionally, before any grading or street and utility construction commences, developer shall also post the cash escrow in an amount determined by the City's Public Works Director to reimburse the City for inspection fees that incur for the grading, 6 17. E, street and utility construction inspections. Before Developer begins any grading or any street or utility construction, Developer shall provide City with proof of liability and insurance in an amount of at least one million dollars. City shall also be named as an additional insured on all liability insurance policies used to satisfy the requirements of this paragraph. All letters of credit required by this Agreement shall be in a form acceptable to the City and issued by a company licensed to do business in Minnesota. Maintenance Bond - Prior to accepting or approving the completed Developer financed and constructed grading and/or street and utility improvements, the Developer must submit a maintenance bond from Developer's contractor in the amount of 20% of the improvement costs, covering a period of one year after City acceptance of the improvements. Privately Constructed Improvements - In the event the Developer elects to pay one hundred percent (100%) of all costs incurred for installation of the improvements outside of the normal assessment procedure, Developer may do so provided Developer complies with the following requirements: 1. All construction shall be in accordance with plans and specifications approved by the Public Works Division. 2. The Developer must retain a registered civil engineer to design and inspect the improvements and to certify that the improvements were constructed in accordance with the approved plans. 3. Complete the required improvements within a two-year period. Specii~tcations - Inspections. Unless otherwise stated, all of the required improvements shall conform to engineering standards and specifications as required by the City. Such improvements shall be subject to inspection and approval by, and shall be made in sequence as determined by the Public Works Division. Plans and specifications for the required improvements shall be submitted to the Public Works Division in a type and format specified by the Public Works Division for review and approval. The required improvement plan review fee as established by City Council resolution shall be paid at this time. Inspection of Public Improvements - Construction of all subdivision street and utility improvements and other required subdivision improvements shall be inspected by a City designated inspector for compliance with City standards, and the approved improvement plans and specifications. The Public Works Director shall determine the estimated cost of inspection services. The City will pay all improvement inspection costs incurred from these escrowed funds, and furnish the Developer with copies of all invoices received. The City will also charge 10% of the consultant fees to cover City overhead and administration costs connected to the inspection services. Excess funds will be returned to the Developer upon completion and acceptance of the improvement project. If the funds deposited with the City are insufficient to cover the inspection costs, the Developer will be required to deposit additional funds with the City to cover the estimated overage. As-Built Improvement Plan - Upon completion of the required public improvements, the City inspector shall prepare a record as-built drawing of 8 18. the constructed improvements. Sidewalks and Drivewal~s. A. Grading of boulevards in this development shall be accomplished so as to accommodate construction of sidewalks and trails thereon regardless of whether said boulevard is part of the Sidewalk Plan on file at City Hall. Any sidewalk located in the plat shall be deeded to the City. Any sidewalks constructed in this subdivision shall be in accordance with specifications established by the Public Works Division. Sidewalks shall be a minimum of five feet in width, and located one foot offthe property line in the street right- of-way. B. Each and every driveway shall be constructed in accordance with specifications established by the Public Works Division. Ifa sidewalkis to be constructed, the concrete driveway shall extend through to the property line side of the walk. The remainder of the driveway shall be concrete or asphalt from the end of the concrete apron to the garage. In cases where driveways are constructed after curbing and sidewalks are in place, the sidewalk shall be reconstructed in accordance with driveway specifications for the width of the driveway. C. Parking areas shall be designed so as to provide an adequate means of access to a public alley or street. Said driveway access shall not exceed 24 feet in width for residential uses. Commons Driveways are not allowed. All driveways serving multiple unit buildings must have a minimum landscaped separation between driveways of three feet, extending from the unit to at least 9 19. 20. 8 feet back from the curb. D. All single-family homes, duplexes, 4-plexes, townhomes, and townhouse quadraminiums developed as part of plats approved after January 1, 1994 shall be required to have mail delivery serviced by United States Postal Service approved Neighborhood Delivery and Collection Box units or similar City approved grouped boxes. Individual mailboxes will be permitted only upon receiving handicap exemption status from the Hastings area office of the United States Postal Service, with appeal rights to the St. Paul district office of the United States Postal Service. Mailbox unit foundations and concrete pads shall be recommended plans and specifications prepared by the Public Works Division and on file at City Hall. The Public Works Director in consultation with the U.S. Post Office will determine the location and number of mailbox units. Sales Models. The City will permit the construction of model homes subject to the following conditions: Building permits for these units can be taken out only after water service is provided to these lots and a temporary access road is in place. The issuance of the building permits is subject to the approval of the Building Official and Fire Marshall. Certificate of surveys and full building plans are required as part of these building permits. Occupan~ o£ Sales Units (Model Hotnes). Sales units must receive a sales certificate of occupancy before they are used as models, subject to the approval of the Building Official and the following conditions: 10 21. 22. 23. A. Hard surfaced roads with curb and gutter shall be installed to the sales units. B. Adequate parking for visitors is available on a gravel or hard surface. C. Lighting is operable for any evening activities. D. The entire dwelling, interior and exterior, is complete, landscaping is underway, and all utilities are complete and accepted by the City. Electronic Copies of Required Documents. Before the City will sign the finalplat, Developer shall submit to the City, electronic copies of the plat, plan set record drawings and grading plan in an electronic format which is acceptable to the Hastings Engineering Department. Utilities. The Developer shall modify the utility plan subject to the approval of the Public Works Director as follows: The sanitary sewer mains shall be sized and constructed at a depth to accommodate future sanitary flows for future growth outside the City. Property Monuments. Steel monuments shall be placed at all block comers, lot comers, angle points, points of curves in streets and at intermediate points as shown on the Final Plat. Such installation shall be the developer's expense and responsibility. All U.S., State, Country, or other official benchmarks, monuments, or triangulation stations in or adjacent to the property shall be preserved in precise position. The developer shall replace all monuments displaced, damaged or removed during grading operations. The monuments shall be installed after the final grading has been completed. The Developer shall provide required certification of installation to the County. A copy of this certification shall also be sent to the City. 11 24. 25. Requirements ]:or a Building Permit. A. No building permits shall be granted on the platted property until such time as a certified copy of the recorded plat has been filed with the City and production of proof that all conditions ofplat approval have been met. In a case where the City of Hastings is a party to the platting, a copy of the plat, certified by the City Clerk as true and correct, shall satisfy the requirements of this section. B. No building permits shall be granted on the Subject Property until such time that the Developer provides the City with a certified survey indicating that the entire site as shown on the preliminary and final plats has been graded pursuant to the approved elevations shown on the preliminary and final plats. C. No building permits, except for approved sales models, shall be granted on the Subject Property until the bituminous base course has been constructed, sod behind the curb and gutter installed, and sanitary sewer, water main and storm sewer improvements tested and accepted. Building Permit Submittal Requirements. An original certificate of survey from a licensed surveyor is required for all new development, including expansions of existing buildings. The Building Official may for accessory structures or minor additions (decks, porches, attached garages), waive the Certificate of Survey submittal requirements in favor of an approved site plan indicating the location of existing and proposed structures in relation to lot lines. A. The Certificate of Survey shall reference and be based on an approved grading plan. 12 Co The Certificate of Survey shall include at a minimum the following information: 1. Property boundaries. 2. Existing structures. 3. Proposed structures (including driveways). 4. Existing and proposed lot comer elevations. 5. Proposed drainage flow (arrows). 6. Proposed garage floor elevation. 7. Proposed lowest floor elevation. 8. Proposed lowest foundation opening. 9. Proposed top of foundation elevation (front and rear). 10. Proposed finish grade elevations at building comers. 11. Street right-of-way (to centerline). 12. Existing property monuments. 13. Detailed spot elevations for drainage swales based on the approved grading plan. 14. Existing and proposed midpoint elevations on side lot lines. 15. Existing top of curb elevations at the extension of side lot lines and at the midpoint of the lot. 16. On-site sewage treatment system location and potable well location, if applicable. Survey benchmarks shall be identified on certificate of survey. Field hubs shall be placed onsite by a licensed surveyor to show top of 13 26. 27. 28. 29. foundation elevation and setbacks. Erosion Control Plan Requirements (Mal~ be identi£ted on Certi~cate o]~Surve¥). A. Silt Fence - A silt fence shall be identified on the erosion control plan. The silt fence shall be located along the fi'ont yard (3 feet from curb or behind sidewalk), along existing developed yards, and where needed for erosion control as determined by the City's Engineering Department. B. Rock Driveways - A rock driveway shall be identified on the erosion control plan. The rock driveway shall be constructed of CAI/CA2 Course Aggregate 1-2" rock - 6" deep per MPCA Manual. Occupancv of Dwelling Units. No permanent occupancy ofanydwelling unit inthe Subject Property shall occur until the City has accepted all utilities and until the base course of pavement has been installed on the streets. Shade Tree Requirement. The builders in the subdivision shall plant "boulevard trees" according to the submitted tree plan one file at Hastings City Hall. All boulevard trees must be planted within the street right-of-way. One front yard tree shall also be planted per lot. The front yard tree lot shall be planted within 10-15 feet of the right-of-way line. All boulevard and front yard trees must be a minimum of 2.0 caliper inches at the base at the time of planting. All boulevard trees and front yard trees shall be of a species approved by the City Forester. All required boulevard trees and front yard trees shall be planted before a Certificate of Occupancy shall be issued, or, in the altemative, an escrow in an amount determined by the City shall be deposited with the City before a Certificate of Occupancy shall be issued. Successors and Assigns. This agreement shall be binding upon the successors and 14 30. 31. 32. 33. assigns of the parties hereto and shall nm with the land. Recording of Agreement. An original executed copy of this Agreement shall be filed with the Dakota County Recorder's Office, which shall give notice to all subsequent purchasers of the property within the Subject Property of the provisions of this Agreement. Recordingo£FinalPlat. The final plat of the Subject Property, as approved by the City, shall be recorded with the Dakota County Recorder's Office, before any building permit is issued. Other Conditions. Nothing in this Development Agreement shall limit or modify in any way the conditions imposed by the Hastings City Council as part of its approval of the preliminary plat and final plat of the Subject Property, which conditions are on file at Hastings City Hall. Miscellaneous. A. It is agreed that any breach of the terms of this Development Agreement shall be grounds for the denial of any building permit, certificate of occupancy or any other required city approvals with respect to the lot or lots to which the breach directly relates. Developer shall be provided with notice of any breach of the terms of this Development Agreement in accordance with the notice provision hereafter and shall be provided a period of 30 days in which to cure the breach. During this 30 day notice, the City shall be allowed to withhold any required permits, certificates of occupancy or any other City approvals, unless the City is given assurances in an amount and a form deemed appropriate in the sole discretion of the City that the breach will be 15 eliminated. If any portion of this Development Agreement is held in valid for any reason, that decision shall not affect the validity of the remaining portions of this Development Agreement. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Development Agreement. All amendments or waivers to this Development Agreement must be in writing, signed by all parties and approved by written resolution of the city council. All parties to the Development Agreement have participated freely in the negotiations and preparation hereof. Accordingly, this Development Agreement shall not be construed more strictly against any one of the parties as a result hereof. Any notice required by this Development Agreement shall be sent to the parties as follows: TO TIlE CITY: City of Hastings Attn: City Administrator 101 E. Fourth Street Hastings, MN 55033 TO THE DEVELOPER: Dated this day of 2003. 16 (SEAL) Dated this Dated this day of day of CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: By: Michael D. Wemer, Mayor David M. Osberg, Deputy Administrative Assistant/City Clerk _, 2003. MCMENOMY & HERTOGS, INC., A MINNESOTA CORPORATION By: It's: ,2003. Samuel H. Hertogs Shirley J. Hertogs Paul W. Lawrence Delores Lawrence William J. Crist Mary A. Crist 17 et CKNO t~KLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this __ day of 2003 by Michael D. Wemer and David M. Osberg the Mayor and Deputy Administrative Assistant/City Clerk of the City of Hastings, Hastings, Minnesota. NOTARY PUBLIC A CKNO tKLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this __ day of 2003 by It's McMenomy & Hertogs, Inc., a Minnesota corporation. NOTARY PUBLIC A CKNO WLED GMENT STATE OF MINNESOTA ) ) SS. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this __ day of 2003 by Samuel H. Hertogs, and Shirley J. Hertogs, husband and wife. NOTARY PUBLIC 18 A CKNO WLEDGMENT STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this __ day of 2003 by Paul W. Lawrence, and Delores Lawrence, husband and wife. STATE OF NOTARY PUBLIC A CKNO I~VLED GMENT ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this __ day of 2003 by William J. Cr/s~, and Mary A. Crist, husband and wife. NOTARY PUBLIC THIS INSTRUMENT DRAFTED B Y: Fluegel & Moynihan P.A. 1303 South Frontage Rd., #5 Hastings, MN 55033 SMM/ham 19 VI-3 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 5, 2003 Subject: 1st Reading~Order Public Hearing -Vacation of Alley & Right-of-Way #2003-35 - 500 2nd Street West - Rick Ries REQUEST The City Council is asked to consider 1st Reading and order a public hearing to vacate the following areas adjacent to 500 2nd Street West as requested by Rick Ries: 1) Vacate the 20 foot alley behind 500 (Rick Ries) & 508 (Jerome & Joyce Hoffman) 2nd Street West. 2) Vacate Forest Street, north of 2nd Street between 500 (Rick Ries) & 418 (Cuong Klm & Lori Duong) 2nd Street West. The subject property was previously owned by Terry Denn. Upon approval of first reading, the public hearing and 2nd reading would be held at the May 19, 2003 City Council Meeting. BACKGROUND Alley The existing alley is unimproved, and does not provide connections to existing streets or alleys north of 2nd Street. There are no plans for alley improvements in the future. Forest Street Forest Street contains existing water and sewer lines. It does not appear advisable to vacate of the full right-of-way. Feasibility of a partial vacation will be examined prior to the public hearing. ATFACHMENTS · Location Map · Application LAND USE APPLICATION CiTY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone 651.480.2350 Fax 651.427.7082 /) // Address of Property Involved: ..~(90 ~,2_~ ¢ ~ v-¢.,~ Legal Description of Property Involved: Applicant: Name (/~' C'-/~ Addre~ss Phone Fax Owner (If different from Applicant): Name Address Official Use Only Date Rec'd File No. 4~;(063 Fee Paid Rec'd by Ordinance # Section App. Com. Phone Fax Request: Special Use: Rezone: Subdivision: Comp Plan Amend: Vacation: Site Plan: Other: Variance: TOTAL: Description of Request (include site plan.~_, survey, and/or plat if applicable): Si g~.~ ~~~Da te "<¢ ,.~ Signa_,~¢O~ / Applicant Name and Title - Please Print Owner Name - Please Print Date VI-4 Memo To: From: Date: Subject: Mayor Werner and City Council John Hinzman, Planning Director May 5, 2003 1st Reading~Order Public Hearing -Vacation of Easement (Trail) - South Pines 5 REQUEST The City Council is asked to consider 1st Reading and order a public hearing to vacate portions of a 20 foot trail easement adjacent to Highway 316 in SOUTH PINES 5. Upon approval of first reading, the public hearing and 2na reading would be held at the May 19, 2003 City Council Meeting. BACKGROUND Portions of the trail easement encroach into the platted lot boxes of South Pines 5, The vacation is limited to only those encroaching portions. ATTACHMENTS · Location Map I APR-30-200J 10:03 CITY OF HASTINOS 6514J?7082 P.02 Address of Prope¢0/: Tuttle Drive at Highway #316, Hastings, LegaIDescdpti0n 0fProper~/: See attached exhibit "A" LAND U,-q E APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651,480.2350 Fax: 651.437.7082 Appli~nt; Name Ed HcHenomy, et al Addm~ 14450 South Robert Trail, Owner (If different from Applicant): Name 0 1Address Phone Fax Email DescHptionofRequest(induaesiteplan, su~ey, andlorplatifapplicable); Vacation of part of a trail easement to allow for the needed~etba~ks in the newly platted South Pines 5. Check applicable box(es): Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note; A~I fees and escrow amounts due at time of application. $600 ~ $500 $500 $5O0 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planr.]ihg + $2500 Engineering) - Over 10 acres.: $6000 ($I000 Planning + $5000 Engineering) $500 plus escrow: /~ - 0 - 5,000 s.f.; $1500 (Engin ,e~dng) Administrative Lot Split $50 Comp Plan Amendment $500 HOUSe Move $500 LOt Line Adjustment Vacate ROW/Easement - 5,000 - 10,000 s,f.: $2500 ($500 Planning ~ $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 (,$'1000 Planning + $3000 Engineering) Signature of Applicant Date Applicant Name and Title - Ple~-~ Print Signature of Owner Owner Name - Please Pdnt Data ~ M~M~n~my Official Use Only File # Rec'd By: Fee Paid Receipt Date Rec'd App, Complete 4/~3/2003 TOT;qL P. 02 VI-5 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator May 1, 2003 Economic Development Commission ByLaws Recommended City Council Action The City Council is asked to take action approving the attached by-laws for the Economic Development Commission. Backqround The original draft of the bylaws was presented to the City Council for consideration at the meeting on April 7, 2003. Before approval, Staff was asked to review further the bylaws with various changes to be consider.ed. Those changes are included in the attached draft, and are as follows (changes are noted in Italics): Section 6: Defines further the votes needed to approve an action. Section 7: Further references the Ordinance establishing the EDC, as the duties and responsibilities of the EDC. Section 9: References the Code of Ethics Ordinance. Section 10: Further defines the situations that might result in the removal of a Commissioner, by the City Council. The Economic Development Commission reviewed these changes at their meeting on Tuesday April 29, 2003, and recommends that the full City Council take action approving the bylaws. Hastings Economic Development Commission By-Laws 11. Meetings. The Commission shall hold at least one regular meeting monthly. The Commission may hold such other meetings as the Commission, or its Chairperson, deems necessary. The meeting time shall be determined by tim Commission. The meeting shall be held at the Hastings City Hall unless otherwise indicated in the notice of the meeting. All Commission meetings shall be open to the public and notice of the meeting shall be given in compliance with the Open Meeting Law. Quorum. The majority of all appointed members shall constitute a quorum for the transaction of business. Officers. The Commission shall select from its members a Chairperson and a Vice Chairperson. The Vice Chairperson shall serve as Chairperson in the absence of thc Chairperson. The Chairperson and Vice Chairperson shall be selected by the Commission at its first meeting each year. Subcommittees. The Commission may establish such subcommittees as it deems necessary to carry out the Commission's purpose. Record of Meetings. The Commission shall keep a record of its resolutions, transactions and findings with the vote of each member thereon. This record shall be a public document. Copies of the Commission minutes shall be forwarded to the Mayor and City Administrator. Voting. Each Commissioner shall have one vote. Voting by proxy shall not be allowed. A majority of thase present, constituting a quorum, shall constitute approval of an action. Duties. The duties of the Economic Development Commission are defined in Ordinance #2.09 adopted by the Hastings City Council on July 15, 2002. Vacancies. The Commission shall immediately notify the Mayor and City Administrator when it becomes aware of any vacancy on the Commission. Vacancies will be filled by a majority vote of the entire City Council. Code of Ethics Ordinance..4ll members of the Economic Development Commission must complete a Public Disclosure Form, as defined in Ordinance #2.81 Code of Ethics. Removal of Commissioner. The Commission may recommend to the City Council the removal of any Commissioner who is believed to be not properly carrying out the duties of the Commissiun because of repeated absences from Commission meetings. Three consecutive, unexcused absences shall automatically be considered caase for removal. Effective Date of ByLaws and Amendments. These byhws will become effective only atter they have been approved by a majority vote of the entire City Council. Any amendments to these bylaws will likewise become effective only after they have received approval by a majority of the entire City Council. Reviewed and approved by the Hastings Economic Development Commission on Tuesday March 25, 2003 and Tuesday April 29, 2003 Approved by the Hastings City Council on Monday May 5, 2003 VI.$ MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator May 1, 2003 Authorize Participation on Regina Medical Center Board of Directors Recommended City Council Action The City Council is asked to take action authorizing the City Administrator to serve as a member of the Regina Medical Center Board of Directors. Backqround As previously reported, I have been asked to serve as a member of the Regina Medical Center Board of Directors. There is no compensation for being a member of the Board of Directors, as it is strictly a voluntary position. The City Council is asked to take action to be certain the record is clear and full disclosure has been completed of my role as a member of the Board of Directors. VI-7 CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT FOR Tm~ 2001 STREET AND UTLLITY IMPROVEMENT PROGRAM WHEREAS, pursuant to a written contracted signed with the City of Hastings on June 4, 2001; Richard Knutson, Inc. has satisfactorily completed the 2001 Street and Utility Improvement Program. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk and Mayor are hereby directed to issue a proper order for the final payment of $23,311.46 on the above said project for such con~rac~s, taking the contractor receipt in full. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS DAY OF MAY, 2003. Ayes: Nays: ATTEST: Michael D. Wemer, Mayor David M. Oaberg, Deputy City Clerk SEAL VI-8 Memo To: Mayor & Council . z~ · From; Marry McNamara ;~'f~ Subject: Joint Powers Agreement Dakota County Date: April 30t~, 2003 Please find attached a copy of a Joint Powers agreement with Dakota County that would allow the City of Hastings to participate in a Wetland Health Evaluation Program. Two sites will be monitored, one in the Wallin development the other at Lake Rebecca.. The NRRC has had an opportunity to review the proposed agreement and recommends that the City Council authorize the Mayor to sign the agreement. The NRRC is recommending that the $2310 to fund the study come out ofunallocated park dedication fees. The cost of the program was reduced from over $3,000 in 2002 when three sites were monitored. COUNCIL ACTION Authorize the Mayor to sign the attached Joint Powers Agreement with Dakota County that Will allow the City of Hastings to participate in the Wetland Health Evaluation Program. Environmental Education Program Protecting Dakota County's Water Resources through Education and Information www. extension.umn.edu/county/dakota/environment/eeprog.html Suite t0t 4100 220th Street West Farmington, MN 55024-9539 Phone: 65t -480-7734 Fox: 651-463-8002 e-maih daniel.huff~co.dakota.mn.us Countywide coordination pravided through these cooperating agencies: Minnesota Extension Service, Dakota County l)~j~a County Ot~ce of Planning Dakota County Environmental Management Deparmnent Dakota County Soil and Water Conservation Dlsttict J [[IJJ .............. ~ .... April 18, 2003 Kevin Smith City of Hastings 920 West 10n Street Hastings, Minnesota 55033 RECEIVED Dear Kevin: Attached you will find the 2003 Joint Powers Agreement (JPA) between Dakota County and the City of Hastings for the Wetland Health Evaluation Program (VVHEP). This agreement will cover the 2003 monitoring season. The City of Hastings will provide $2310 to fund the Hastings team. Dakota County will ensure.coordination of the team, volunteer training, WHEP monitoring of two Hastings wetlands, proper quality control and quality assurance of the collected data and a written report summarizing monitoring results. Once this JPA is adopted by the City of Hastings and signed, please return it to my attention at the Dakota County Environmental Education Program. Once the county has executed the JPA I will return a copy to you. Thank you for your attention to this matter. Please contact me if you have any questions. Coordinator Dakota County Environmental Education Program enclosure Programs and services are offered on a non-discriminaton/basis. JOINT PO WERg AGREEMENT BETWEEN THE CITY OF HASTINGS AND DAKOTA COUNTY FOR WETLAND HEALTH EVALUATION PROGRAM THE PARTIES TO THIS AGREEMENT are the Coun3T of Dakota (the County) and the City of Hastings (the City). This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat. § 471.59. NOW THEREFORE, the parties, in joint and mutual exercise of their powers, agree as follows: 1. Purpose. The purpose of this joint powers agreement is to allow the City to fund the Dakota County Wetland Health Evaluation Program (WHEP) in the City, which will be coordinated and managed by the Dakota County Environmental Education Program (DCEEP). 2. Term. The term of this Agreement shall commence on June 1, 2003, and shall continue in full force and effect until terminated by the parties pursuant to paragraph 10 of this agreement. 3. Exercise of Powers. The parties to this Agreement agree that the County, through its Community Services Division, shall administer the funds collected hereunder, and shall p~iy out these funds to DCEEP for administering WHEP in the City. 4. Powers and Duties of the Count.. 4.1 The County shall administer the WHEP funds on behalf of the City. 4.2 The County shall serve as fiscal agent for the funds collected hereunder. The County shall establish and maintain such funds and accounts as may be required by good accounting practices. 4.3 The County may apply for and accept girls, grants, or loans and money, other property or assistance from the United States Government, the State of Minnesota, or any person, association, or agency to carry out the WHEP in Dakota County. 4.4 The County may use funds to hire and retain a monitoring coordinator, personnel consulting firm and such other personnel as may be needed to provide the services contemplated under this Agreement. 5. Funding. The City shall contribute funds under this Agreement as follows for the year 2003: $2,310.00. Payment of contribution is due and payable by the City upon execution of this Agreement. 6. Books and records. The books and records that are relevant to this Agreement shall be subject to the provisions of Minn. Stat. Ch. 13, the Government Data Practices Act. The County's books, reports, and records concerning this Agreement shall be open to inspection by the parties at all . reasonable times. 7. Disposition of Property. and Funds. At such time as this Agreement is terminated, any property interest remaining shall be disposed of and the proceeds of the disposition of the property shall be returned to the parties in proportion to their contribution and in compliance with the terms and conditions of this Agreement. It is understood and agreed, however, that any equipment purchased with funds collected under this Agreement shall remain the property of the DCEEP and not subject to the provisions of this paragraph. 1 8. Indemnification. Each party to this Agreement shall be liable for its own acts and its officers, employees, or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of any other party, its officers, employees or agents. Each party hereby agrees to indemnify, defend and hold harmless any other party, its officers and employees against any and all liability, loss, costs, damages, expenses, claims or actions, including attorney's fees that any other party, its officers and employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of the party, its agents, servants or employees, in the execution, performance, or failure to adequately perform its obligations pursuant to this agreement. 9. Withdrawal. Any party may withdraw fxom this Agreemem at any time upon 180 days written notice to the other parties. However no refund to withdrawing parties and no share of disposition of property and funds shall be made, unless and until the Joint Powers Agreement is terminated pursuant to paragraph 10 below. 10. Termination. This Agreement shall terminate May 31, 2004, unless extended by further written agreement of the parties. 11. Amendments. This Agreement may be amended at any time by agreement by the parties, and shall be in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. Approved as to form: Karen A. Sc~ Approved by Dakota County Board Resolution No. 02-365. COUNTY OF DAKOTA By. David A. Rooney Community Services Director Date of Signature CITY OF HASTINGS By (please print name/title) Date of Signature K/K03-66 w~tland healthjpa 2 VI-g MEMO TO: FROM: RE: DATE: / Honorable Mayor and City Council member~_ / Lod A. Webster, Finance Director ~.~//~/~ 2003 Budget adjustments ' May 1, 2003 The City Council is asked to authorize the following budget adjustment requests received by the Police department which appears below: $1,640.00 increase to the Police budget for the added revenue and expense of contracted security (traffic) supplied at McAuliffe school. Both revenues and expenditures are to be increased by the same dollar amount. As always, should you have any questions on this information, please feel free to contact me. Council Action Requested Authorize the above 2003 budget adjustments and as indicated. To: Lori Webster C¢: Mike McMenomy From: Char Stark, Assistant Finance Director Dat~: April 30, 2003 Re: Budget adjustment Recommended City Council Action The City council is asked to approve a budget adjustment of $1,640.00 for the school's contracted security at McAuliffe. The revenue collected will cover the cost of the reserves hourly rate only not the associated taxes. Revenue: 101-201-2010-5418 $1,640.00 Expenditure: 101-201-2010-6107 $I,640.00 VI-lO MEMO TO: FROM: RE: DATE: Honorable Mayor and City Council membe~ ~,~ Lori A. Webster, Finance Director j~(,~-~ 2003 Wire Authorization May 1, 2003 The city currently pays most of its bills using the pay voucher system - by cutting a check. These reports are prepared for the council's approval and information in each council packet. As you may already be aware, the exceptions to the normal check payments are wires for the following: state and federal payroll taxes, payroll related payments, most debt service payments, and investment activity. The Dakota County CDA is asking for payment via wire rather than the normal check procedure and for this reason, we are asking the City Council to authorize the following wire transfer - in lieu of the normal pay voucher/check system (SEE ATTCHED MEMO) As always, should you have any questions on this information, please feel free to contact me. Council Action Requested Authorize the above 2003 wire transfer payment as indicated. To: Loft Webster CC: John Grossman From: Char Stark, Assistant Finance Director Date: 4/29/03 Re: Wire Expenditure Recommended City Council Action The City council is asked to approve a wire transfer in the amount of $21,283.20 to Dakota County CDA to pay back CDBG money collected by the City of Hastings for a CDBG project that has been prepaid. This grant money is used for repair or rehab of residential property here in the City of Hastings. Due to some unusual accounting/collection issues &the loan the City of Hastings handled this transaction on behalf of Dakota County CDA. The money has been paid back and needs to be returned to the administrator of our grant, which is Dakota County CDA. HAST:[NGS POL:[CE DEPARTMENT V1-11 MEMO TO: FROM: DATE: SUBJECT: Mayor Mike Werner & Hastings City Council Members Chief Mike McMenomy /~'~ 04/30/03 Consent Agenda Item - County Storage Area The purpose of this memo is to request Council approval to proceed in drafting an agreement between the Hastings Police Department and Dakota County in regard to the Police Department's utilizing some vacant space at the Dakota County Highway Department buildings located on County Rd. 47 in the City of Hastings. This department has had discussions with Dakota County Sheriffs Department's officials and County officials concerning the County allowing us to use some of these buildings for storage of the City of Hastings Emergency Management trailer. The Emergency Management trailer is currently being stored outside at the Public Works building in a fenced in area where it is exposed to the weather elements. Being able to put this trailer inside would help maintain the condition of the trailer, as Well as providing a safe and secured building for its storage. We would also possibly be able to utilize some of this storage space for our storage needs for abandoned bikes that we recover throughout the year. This department is currently leasing storage space at the Stor-a-Way facility in the Industrial Park at a cost of approximately $1,300.00 per year. In exchange for the County allowing us to use the buildings for some of our storage needs, we are proposing that the City waive the $1,000.00 fee that the City charges Dakota County Sheriffs Department for use of our Police Department pistol range. An exchange for waiving the range fee would assist their budget, and allowing us the use of their storage facilities for the Emergency Management trailer and bike storage or other needs would provide a budgetary savings for our Police Department as well. This request is to get Council approval to submit a draft agreement with the County, as they are proceeding with getting the'r County board s approval to enter into an agreement with the City concerning this issue. If you have any questions please feel free to contact me. Thank you. VIII-A-1 & 2 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery April 29, 2OO3 Resolution - Ordering Riverwood & South Oaks Improvements Resolution - Approving Riverwood & South Oaks Plans and Authorizing Advertisement for Bids. The feasibility report on the proposed 2003 Riverwood and South Oaks developments' street and utility improvements was given to the Council.at the April 21st meeting. Council ordered a public hearing for May 5t~. This improvement project also includes construction of 36~ St. between the Century South development and the Riverwood 7~ Addition and construction of 31st St. connecting Riverwood 7'~ Addition and South Oaks 2na Addition. A drawing illustrating these improvements is enclosed. The proposed Riverwood and South Oaks developments' improvements were petitioned. However, these improvements were combined into one project with the City initiated 36tn St. and 31st St. improvements. ~lccordingly, the combined project will require the votes of six Councilmernbers to approve the projec~ The following is a brief description of the proposed improvements: 31rr STREET 31st St. is a State Aid route and will be constructed to a 44 ft. width from CSAH 46 to Century Dr., and 38 ft. width from Century Dr. to the end of the existing street just west of Highview Knoll. Sidewalk will be constructed on the north and east sides of the road, and a 10 ft. wide bituminous trail will be constructed on the south and west sides of the road from CSAH 46 to Olson Drive, at which point an offroad trail will be constructed to the north to connect to the existing Vermillion River trail. An existing Centu~ South trail extends south from this point. The cost of the northern trail will be shared by the South Oaks development for that portion within the development, and the City for that portion within the floodway property. 36TM S~ET 36t~ St. is also a State Aid route and will be constructed to a 44 ft. width connecting the existing east end of the street in the Century South Development to extensions of Riverwood Dr. and Village Trail. Sidewalk and bituminous trail will be constructed on either side of the street. A trail connection is proposed to nm south from 36~ St. through City property to connect to the existing Century South trail at the northwest comer of the development. The cost of th.is trail connection is proposed to be assessed to the City property. .~~ M:\CONSTRUCTION_PROSECr S~2003\WordDocs~RSO OrderImprRes&Memo.doc. SOUTH OAKS 2~D ADDITION In addition to constructing that part of 31st St. within the proposed plat, the improvements would include extension of BohLken Dr. west and south to connect to 31st St. and extending Century Dr. north to connect to 31st Street. RIVERWOOD 7~a ADDITION In addition to constructing 31't St. and 36th St. within the plat, the improvements include extending Village Trail and Riverwood Dr. to connect to 36th Street, and new streets Vista Trail and Village Way. BOX CULVERTS 36t~ St. crosses a major drainage way that requires the installation of two very large, very expensive, box culverts. As per the Century South development agreement, Lyman Development paid the City $100,000 two years ago to cover 50% of the estimated cost of the box culverts. The Riverwood 7th development agreement calls for 50% of the box culvert cost to be assessed against the development. The estimated project cost of the 36~ St. box culvert is $245,269.20, which means as per development agreements, the full $100,000 paid by Lymau Development two years ago would be expended, and the Riverwood development would be assessed $122,634.60. Staffis proposing to fund the remaining $22,634.60 cost through the use of Municipai State Aid funds. 31st St. crosses the same major drainage way and requires similar large and expensive box culverts. The Century South development agreement required Lyman Development to pay the City $10,000 two years ago to cover 5% of the estimated cost of the box culverts. The South Oaks development agreement requires the developer to be assessed for 40% of the box culvert costs, while the Riverwood development agreement requires the developer to pay for 50% of the box culvert costs. The estimated project cost of the 31st St. box culvert is $267,505.92, which means as per development agreements, the full $10,000 paid by Lyman Development two years ago would be expended, the South Oaks development would be assessed $107,002.37, and the Riverwood development would be assessed $133,752.96. Staffis proposing to fund the remaining $16,750.59 cost through the use of Municipai State Aid funds. Council Action Requested Council is requested to adopt the enclosed resolution ordering the Riverwood and South Oaks developments' improvements. Council is also requested to adopt the enclosed resolution approving the improvement plans and authorizing advertisement for bid. M:\CON STRUCTION_PROJECTS~2003\WordDoesh~,S 00rderImprRes&Memo.do¢ Funding Summary 2003 Riverwood and South Oaks Street & Utility Improvements Total Project Cost $4,354,675.93 Assessed Riverwood $2,490,591.90 South Oaks $1,571,586.35 Century South $144,030.18 (includes $110, OOO previously paid for box culverts) City Property $104,482.31 Total Assessed $4,310,690.74 City Participation WAC Municipal State Aid Total City Participation $4,600.00 $39.385.19 $43,98~19 CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION ORDERING TltE Ii~ROVEMEI~ FOR 2003 RWERWOOD a3m SOtJT~ O~S DEVELO~tENTS STR~T A~O U~Y IMPROV~V~TS WI~.REAS, a resolution of the City Council adopted the 21s' day of May, 2003, fixed a date for a Council hearing on the proposed street, sidewalk, bituminous trail, storm Sewer, box culvert, sanitary sewer and watermain improvements for the Riverwood 7th Addition and South Oaks 2"d Addition along with the City initiated 36t~ St. connection between Rivenvood 7~ Addition and the Century South development and the City initiated 31st St. connection between Riverwood 7th Addition and Sou~ Oaks 2nd Addition, WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 5th day of May, 2003, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the feasibility report dated April 17, 2003. The Hastings City Engineer is hereby designated the Engineer for this improvement and he shall prepare the final plans and specifications for the making of such improvement. M:\CONSTRUCTION_PRO JECTS~003\WordDocs~.SO OrderlmprRes&Memo.doc ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 5th DAY OF MAY, 2003. Nays: A'ITEST: Michael D. Werner, Mayor David M. Osberg, Deputy City Clerk SEAL M:\CONSTRUCTION_PROJECTS~2003 \WordDocs~S O OrderImprP. ez&Memo.doc CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR 2003 RIVERWOOD AND SOUTH OAKS DEVELO]PMENTS STREET A.ND UTILITY IMPROVEMENTS AND ORDERING ADVERTISEMENT FOR BIDS WI~,REAS, pursuant to a resolution adopted by the City Council on May 5, 2003, the City Engineer has prepared plans and specifications for the 2003 Riverwood And South Oaks Developments' Street And Utility Improvements. This project includes street, sidewalk, bituminous trail, storm sewer, box culvert, sanitary sewer and watermain improvements. NOW~ THEREFORE BE IT RESOLVED BY THE CITY COUNCIl, OF THE CITY OF HASTINGS AS FOLLOWS; 1. Said plans and specifications prepared by the City Engineer are hereby approved. o The City Engineer shall prepare and cause to be inserted in the Hastings Star Gazette and in the Construction Bulletin an advextisement for bids for the construction of these previously approved 2003 Riverwood And South Oaks Developments' Street And Utility Improvements in accordance with such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will opened and considered by the Council at 2:00 PM, Thursday, May 29, 2003 at Hastings City Hall, and that no bids will considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Hastings for 5%of the amount of each bid. ADOPTED BY TI~, CITY COUNCIL OF HASTINGS, MINNESOTA, THIS Sth DAY OF MAYs 2003. Ayes: Na~: A~f-I'I~ST: Michael D. Wemer, Mayor David M. Osberg, Deputy City Clerk M:\CONSTRUCTION_PROJECTS~003\WordDocs~,SO OrderlmprRes&Memo.doc SEAL VIII-B-1 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: May 5, 2003 Subject: Resolution - Adoption of Downtown Master Plan and Design Guidelines REQUEST The City Council is asked to approve the attached resolution adopting the recently completed Downtown Master Plan titled Improving on the Odginah A Plan forthe Heart of Hastings. and Design Guidelines for Original Hastings. Bruce Chamberlain of Hoisington Koegler Group Inc, (HKGI) will be present a brief summary of the plan, and will be available for any questions at 6:30 prior to the meeting. BACKGROUND The HRA with a grant from Metropolitan Council authorized HKGI to prepare the plan in May, 2002. The goal was to create a master plan for mixed use redevelopment and expansion of the downtown over the next 10-15 years, while addressing the following: · Architectural design · Building Locations · Traffic and Parking · Multi Modal Transportation Center · Riverfront Development · Increased Residential Density · Housing and Commercial Uses Development of the Plan and Design Guidelines included input from City Staff, Commissions. Public input was solicited through information boards placed throughoutthe City and a Town Meeting. ATTACHMENTS · Resolution HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ADOPTING THE DOWNTOWN MASTER PLAN - IMPROVING ON THE ORIGINAL: A PLAN FOR THE HEART OF HASTINGS AND DESIGN GUIDELINES FOR ORIGINAL HASTINGS Council member moved its adoption: introduced the following Resolution and WHEREAS downtown Hastings and the surrounding traditional neighborhood generally referred to as "Original Hastings" has certain unique qualities that warrant special planning and urban design considerations; and WHEREAS continued reinvestment in Original Hastings that enhances those unique qualities are in the City's best long-term interests; and WHEREAS a year-long planning and urban design effort termed Improving on the Original... A Plan for the Heart of Hastings funded by the Housing and Redevelopment Authority and a grant from the Metropolitan Council's Livable Communities Demonstration Program has been conducted to focus on Original Hastings; and WHEREAS this planning effort has been conducted with the purpose of guiding future public and private investments in terms of development pattern, urban systems and design character; and WHEREAS the planning effort has addressed numerous possible activities and needs in Original Hastings including a commuter rail station, redevelopment projects, recreation and environmental issues related to the Mississippi River and area lakes; and WHEREAS the planning process has provided a series of opportunities for public input and feedback as well as review by the City Council, I-IRA, Planning Commission, NRRC, HPC and EDC and City Staff; and WHEREAS the draft of the Plan dated April 28, 2003 presented to the I-IRA and City Council attached to this resolution incorporates as best as possible the comments provided to date. NOW THEREFORE BE IT RESOLVED that the Hastings City Council hereby adopts, for use by City officials, commissions and staff, the Master Plan entitled Improving on the Original... A Plan for the Heart of Hastings together with the Design Guidelines for Original Hastings as guiding documents in the consideration of public investments and the evaluation of development and redevelopment activities within the downtown and surrounding neighborhoods defined in the Plan as the "study area"; AND FURTItER RESOLVES that the recommended ordinance modifications shall be brought to the City Council for consideration through the formal amendment process. AND FURTHER RESOLVES that the Master Plan is a redevelopment plan in accordance with the I-IRA Act as stipulated by Minnesota State Statutes 469.002, Subd. 16 Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Ayes: Nays: Absent: ATTEST: David M. Osberg Deputy City Clerk Michael D. Werner, Mayor I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 5th day of May, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. David M. Osberg Deputy City Clerk This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 (S AL) VIII-B-2 April 28, 2003 TO: FROM: The Honorable Mayor and Council John CJrossman, HRA Director Request for Council participation in redevelopment process BACKGROUND: The Housing and Redevelopment Authority's intent has been to complete the Downtown Area Plan and then request proposals for riverfront redevelopment. The HRA expects to work with the City Council to identify a qualified developer and an acceptable development concept for that area of downtown. A request for proposals and qualifications is the usual method of determining the level of developer interest and type of projects developers believe would be feasible. Bailly's Landing had the opportunity to negotiate a development agreement before the request process was started. However, documents required by the preliminary agreement were not provided by Bally's Landing, so the HRA terminated the agreement and directed that staffstart the process for a request for proposals for the riverfi'ont area. The attached process and schedule prepared by Ehlers indicates that the Request for Proposals can be ready for release in late June or early July, with response and developer selection in August and September. The process involves the City Council at each step. Redevelopment of this area will require City Council decisions on the uses of city property and public right of way, utilities, zoning, design, site plan and platting. Council's involvement in the preparation will help ensure that the request clearly represents the intent of both the City and the HRA. RECOMMENDATION: Staffrequests that City Council decide how they want to participate. The first step should be a meeting with the HRA in the near future on the content and basic assumptions oftbe request for proposals. The refined request for proposal would then be prepared and presented to the HRA and Council for approval in June. G:~Misc~llaneous~ri128.doe Marty McNamara From: ~ent: CC: Subject: Marty McNamara Thursday, March 20, 2003 9:26 AM 'yandrasits@attbi.com'; Turney Hazlet (E-mail); Lynn Moratzka (E-mail) dennis o'Melia (E-mail); Harold Christenson (E-mail) Park Dedication Fees Good Morning, As you requested the NP, RC began reviewing the City's park dedication fees. The NRRC reviewed a current survey on park dedication fees from the metro area. The survey indicated that the average dedication fee charged by over 25 metro communities was $1611. 'Hastings is currently charging $850 and this has not changed since the 90s. The NRRC indicated that in order to keep up with park development and redevelopment plans that the fees need to be increased. They are suggesting that this would occur over a 2-3 year term and have a step increase from $1600 to $2500. The NRRC will be reviewing the current park cip requests, what the costs have been to 'develop and redevelop parks to justify this increase. · If you have any questions please contact me. Marty At~end~es: Hasold C1~$tensen, Dem~is O'Mella, Betsy Dullum, Walt Popp, and ~McN~m~r~ Abs~at: 5oe ~eck~r, Mike ~ro~, Phil Vei~, ~d Ter~ Sieben. 1. Call meeting to order- 7:07 - Harold Ch~st~san presiding 2. Lake Isabel - discussion about the letter of request from Joan Warner and Lake Isabel in general. Recommend that Lake Isabel ~oup meet with various groups including DN-R, Fish & Wildl/fe, Historical Society and property owners to discuss the potential problems and feasibility of further pro~ess. Walt Popp will determine attendees and Marty McNamara will coordinate the meeting. Motion. D}tllurn/O'Meli~. Passed.' 3. Sprint switching station Tutfle Park - discussion regarding Sprint request for a switching station to be located at Turtle Park. Other parks have this type Of switching station. Recommendation to accept easement fees and follow the guidance of city Attorney. Motion Dullum/Popp. Passed 4. Featherstone Ridge Trail Petition - discussion about petition to connect the trails between 1345 and 1347 Jackson. There is money in the park dedication fund - should only Cost a couple of thousand, Recommend to support making this connection. Motion O'Melia/Dullum. Passed. 5. Afanr Day/Tree recoguition program/parks cleanup April 26e '- there will be a ceremony 04/20/03 to present certificates to Hoffman & McNarnara, Jim Johnston and Lyman Developers, and Nick Conzernius for their tree contributions to the City of Hastings. Recommend support of this recognition. Motion Popp/O'Melia. Passed. Newspaper articld covering April 26t clean up is in the works. Marry McNarnara has postcard reminders and will have them mailed in early April. 6. ' South Pines, William Second Addition, Highview Estates - Park dedication - discussion regarding park cu~ent park dedicat/on fees. Recommendation to accept cash in lieu of land from these developments. Motion Dullum/Christensen. Passed. Park Dedication fees - review current fees of S850/per household and compare to metro survey of park dedication fees currently being charged by other communities - discussion about how to proceed with the re- evaluation of park dedication fees. Last adjusUn~nt was in 1990. Review survey of surrou~ding cbmmunities. Dennis O'Melia will review these numbers and we will make a recommendation in May. Items to keep in mind as we evaluate - dedication fee survey, capital'improvements, cost of redevelopment in 2003, using a tiered structure to phase in new fees. For discussion purposes until a formal recommendation we decided to have a range of $1800.00 to $2500.00. Frietag Property - update - property is on the market for $775000.00. There is $750000.00 already funded through various entities. City of Hastings will need to cume up with $25000.00 in order to acquire this property. There is some money in Ward I, however the Council person is concerned that the funds should come from all the Wards. We will have our April meeting at the Frietag property. Betsy w/II also pursue charitable gambling funds. 9. meC_m~ed~d_F_x~e.~ ~u~s,~,o~.,200..4, .].]vI.ay,meethags - Derails and Betsy were selected to represent the NR.RC There was a' ~ w~va w~t~ nm~en attendanoe, Next meeting is the weak of May 19~, There will be a Miilerd Fillmore dinner 05/1.5/03, and Many will sign all Commissioners up to attend. Consider car pooling to the dinner at Xcel Center. Brochures provided detail/rig program, wwW.grandexcursion, com 10. Old/New Business - several items were discussed. Highway ~1 underpass - fund~ are "protected" and ~onsWaction is expected to be~/n this summer. The l/nk to Vet's park did not survive the cuts and will not be done this year. Spring Lake P~rk update - pro~essing with plan. Likely will have a off leash area - dog owners are well organized and represented. RV section not likely for lack of representation. Dennis O'Melia will keep the NRRC up to date on pro~ess. Mississippi River Relief - fiver cleanup - kickoff the morning of 06/I 4/03 at Jaycee Park. Handout with 'details provided. Organized trail ride - Dennis O'MeIia has been wo 'rking on this for 2 years. With the completion of the Highway 61 underpass he will organize a trail ride with assistance from Harold Chfistensen. Many Mclqarnara suggested soliciting prizes to generate interest in the ride. 11. Adjourn -':Motion Dullum Next Meeting -April 30 -Freitag property. Respectfully submitted - Betsy Dullum