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HomeMy WebLinkAbout20220919 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, September 19, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Tourism Bureau, Kristy Barse Hastings YMCA, Josh Schoaf V. APPROVAL OF MINUTES Approve Minutes of the City Council workshop and regular meeting on September 6, 2022. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember 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. Approve Agreement for Use of Fire Safety House – Fire Prevention Annual Open House 3. Special Event Designation for the Downtown Business Association Community Halloween 4. Approve Pay Estimate No. 3 for the 2022 Neighborhood Infrastructure Improvements – Danner, Inc. ($719,768.56) 5. Approve Pay Estimate No. 1 for the 4th Street Water Tower Reconditioning Project – G&L Tank Sandblasting and Coatings, LLC ($227,287.50) 6. 1st Reading – Ordinance Amendment – Rezone Property from C-4 to R-4 – Hampton Companies (SE Corner of 33rd and Vermillion Streets) 7. Revised Joint Powers Agreement: Shared Solid Waste & Recycling Coordinator Position 8. 2nd Reading and Adoption of Interim Ordinance on Cannabis and Cannabinoids 9. Building Department Staffing IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Resolution: Award of Contract – Downtown Tree Grate Replacement Project Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Interim Use Permit (IUP) - Motor Coach Commerce Facility – Hastings Commons (24xx Vermillion Street) a. Resolution: Approve 2022 IUP b. Approve Termination of 2021 IUP and 2021 IUP Agreement; Approve 2022 IUP Agreement D. Public Safety E. Administration 1. 1st Reading of Ordinance Changing Mayor and City Council Wages XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, October 3, 2022 7:00 p.m. Hastings, Minnesota City Council Workshop September 6, 2022 The City Council of the City of Hastings, Minnesota met in a workshop on Tuesday, September 6, 2022 at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Vaughan Members Absent: Councilmembers Lund Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Finance Manager Chris Eitemiller Senior Accountant Ashley Bertrand Community Development Director John Hinzman Police Chief Dave Wilske Communications Coordinator Dawn Skelly Interim Public Works Director Ryan Stempski Mayor Fasbender called the workshop to order at 5:35 pm. Wietecha introduced the workshop on the budget and levy discussion. Wietecha reviewed the tax levy as a revenue source to support the budget. The budget would call for a levy increase to manage increases in expenses as well as increases in services. It would represent an increase in taxes, but a decrease in tax rate due to the growth in the City. Discussion on the various ways to view the increase in property values and how that contributes to the increased levy. Discussion on the impact of the fiscal disparities calculation by Met Council. Wietecha reviewed the key expenses that account for the increase to the levy. These include: personnel/staff, implementation of the Compensation and Classification study, cost of living adjustment, infrastructure, public safety equipment, parks improvements, and other City amenities or enhancements (Community Investment Fund, public art, Hwy 55 monument sign). Discussion on understanding the personnel needs of the Fire Department and the intersection of the SAFER grant and the Fire Study. There is a need to understand how the shortage of Paid-On Call and OT for regular firefighters fits into the bigger picture of shifting costs to new full-time firefighters. Further council discussion on planning for Year 4 following SAFER grant as well as outreach to rural areas and our service to them. Renewed discussion about police officer staffing and putting an additional officer into the schools and expressed broad concerns about school safety and the interest of constituents. It was recommended that a joint powers committee meeting be held with ISD 200 to discuss this topic. Wietecha highlighted the CIP/CEP needs. Nearly $2.7M in requested projects are not in the proposal for 2023. Preauthorization to order items with a long lead times will be requested once the preliminary levy is set. Lead times are 1-2 years out for police squads and ambulances. Park, trail improvements are touching areas all across the City. May be able to address tennis/pickle ball courts this fall. Tennis Court is in MnDOT right-of-way so more investigation is necessary. Wietecha reviewed the neighborhood project and reconditioning of the water tower in the Industrial Park. These projects would be bonded for with revenue bonds. The Utility Rate study done a few years ago recommended incremental increases to the rates; the recommended 2023 increases are generally reflective of the study. Utility capital projects are ongoing infrastructure projects with one new one—hydroelectric plant study—to ensure best operations of the plant going forward. Council discussion on a communications plan to best explain the budget proposal and value to residents. There was support for the Dakota County Truth in Taxation mailer. Additional key messages: compare tax increase to inflation rate, the more communication the better, find a connection to each segment of the population, and explain here is what you are getting for the funds. Councilmembers indicated readiness to set the preliminary levy at the meeting this evening. If the SAFER grant is received, further discussion on the levy amount was requested. Council expressed general support for pre-ordering equipment with long lead times. ADJOURNMENT Adjourn the workshop at 6:50 p.m. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes September 6, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, September 6, 2022 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Lund, and Vaughan Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Attorney Amanda Johnson Community Development Director John Hinzman Interim Public Works Director Ryan Stempski Police Chief Dave Wilske Citizen’s Award of Commendation Jacob Lingle Samuel Lemay Silverio Munoz-Ramos Chief Dave Wilske presented various citizen awards. MDH Presentation, Jim Kelly Jim Kelly, Environmental Surveillance and Assessment (ESA) Section Manager and Dr. Helen Goeden, Senior Toxicologist, from the Department of Health presented on Per- and Polyfluoroalkyl Substances (PFAS). Stempski presented on the City well locations, PFAS Health Risk Index (HRI) status, and next steps for the City: continued quarterly well testing, wait for guidance from MDH, launch a City press release and website with information and host an Open House with MDH this fall. Council discussion on what treatment needs look like and how prior treatment investments complement this situation. Stempski shared that treatment techniques for PFAS are different from other treatment plans that we may need and would be considered an add-on to current treatments. Lund asked for clarification on the translation between different metrics used in their presentation. Kelly provided an explanation on the representation of Health Risk Index number. Folch asked about PFAS that are identified north of the City and what the projections are for the concentration showing up in City water. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the workshop and regular City Council meeting on August 15, 2022. Minutes were approved as presented. Consent Agenda Councilmember Braucks motioned to approve the Consent Agenda, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 1. Pay Bills as Audited 2. Resolution No. 09-01-22: Accept Donation from the Prairie Island Tribal Council to Purchase & Update Medical Equipment for the Police Department 3. Resolution No. 09-02-22: Accept Donation from the Hastings Lyle Russell VFW Post 1210 to the Police Department to Purchase Individual First Aid Kits (IFAK) for All Officers 4. Authorize Signature: 2nd Amendment to Villas at Pleasant Development Agreement 5. Resolution No. 09-03-22: Approve Massage Establishment License Application for Nicole DePalma, Mindful Motion, Pilates, Wellness, Ayurvedic Massage Services 6. Approve Reimbursement for Conference Fees and Travel Expenses from the Dakota County EMS Council County Crossroads 4th Addition – Enclave Apartments – Resolution No. 09-04-22: Vacation of Easement and Resolution No. 09-05-22: Amend Final Plat Hinzman presented the request related to the Vacation of Easement and Final Plat Amendment for the County Crossroads 4th Addition – Enclave Apartments. The development adds 211 apartments which will be developed south and east of 33rd and Vermillion Streets. Council is requested to hold a public hearing and vote on the request to vacate certain public easements and amend the final plat. Mayor Fasbender opened the public hearing at: 8:07 p.m. Mayor Fasbender closed the public hearing at: 8:07 p.m. Council discussion on the value in subdividing the lot. Hinzman indicated that there will be phasing of the development. The first building will be constructed with the initial phase, the second building will be constructed at a later date. This is preferable for management of the project. Councilmember Fox motioned to approve as presented, seconded by Councilmember Braucks. 7 Ayes, 0 Nays Jeffrey Kuhn – 520 7th Street East - Vacates Fortney presented the request to consider vacating portions of the Right-of-Way of portions of an alley and Clay Street adjacent to 520 7th Street East. The applicant is demolishing the existing home and this double lot. The applicant intends to market the parcel for construction of a twin home and believes the subjects of right-of-way are unusable and the additional property gained would make for a more buildable lot. Approval of the vacation is recommended subject to: drainage and utility easements are created in place of all vacated right-of-way and the vacation of the subject rights-of-way shall not become effective until recorded with Dakota County. Mayor Fasbender opened the public hearing at: 8:11 p.m. Mr. Kuhn reported that he bought the property and that he desires to make it more accessible and improve the property. He is interested in building a twinhome on the property. Mayor Fasbender closed the public hearing at: 8:16 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Council discussion on the location of the property and specific action needed by Council at this meeting. Braucks clarified that the resolution would need to be amended to Lea Street, not Clay Street. Vaughan clarified that the vote approves the vacation of the right of way and future developments would be brought forward at a later date. Folch asked for clarification on the ownership of the street and alleyway. Hinzman clarified how the landholdings would increase for Mr. Kuhn. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. 1st Reading of Interim Ordinance on Cannabis/Cannabinoids Wietecha presented the 1st Reading of Interim Ordinance on Cannabis/Cannabinoids. This Interim Ordinance would prohibit the establishment of new uses or the expansion of existing uses related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing, or Distribution. The interim ordinance is in response to the 2022 Legislative Session where the state passed new laws surrounding the sale of cannabis/cannabinoid products, which went into effect July 1. The new law limits the sale of these products to individuals age 21 and older and implements regulations regarding packaging of these products. The Public Safety Advisory Commission met on August 18 and recommended a twelve-month interim ordinance to allow time for adequate study. On September 1, the Public Safety Committee of City Council met and discussed concerns of public safety, community impact, and supporting local businesses and recommended a six-month interim ordinance acknowledging it could be extended if further study were needed. This Interim Ordinance would prohibit the establishment of new uses or the expansion of existing uses related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing, or Distribution. Council discussion on Public Safety Committee’s review of the issue without state guidance. Committee wanted to make sure minors are protected and businesses can do legal business in the community. Councilmember Leifeld provided background information on the review and the emphasis on safety and regulation. Councilmember Braucks added comments about having conversations with the community to gain a better perspective. Councilmember Folch shared information from conversations at a recent conference she attended, and shared concerns regarding the six-month moratorium. Councilmember Lund clarified that there would not be any harm posed against businesses that are currently operating with these kinds of sales. Attorney Amanda Johnson provided a point of clarification that the interim ordinance is not for six months, but rather is for six months or until the City establishes new ordinances, or if the City rescinds the interim ordinance. Councilmember Fox shared her personal experience within businesses restrictions, clarifying that the interim ordinance is for the expansion of sales of these products. Councilmember Braucks indicated that the City is deterring from referring to this as a moratorium but rather placing a goal of the interim ordinance. Councilmember Leifeld commented on the potential revenue and the potential future and expansion of these products. Councilmember Fox expressed the need to include business members from the community in these continued conversations. Councilmember Folch expressed the need to expedite this process as well as consider future possibilities concerning government regulation. Councilmember Leifeld indicated there is government regulation in place in Colorado through licensing. Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Braucks. 7 Ayes, 0 Nays. Friends of Pleasant Hill Library Crafter-Noon Request Wietecha presented the request of a disbursement of $500.00 from the Doffing Trust Fund to support Crafter-Noon events this fall and winter. Wietecha provided background information on the Doffing Trust Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Fund, sharing this would be additional programming beyond what the Library has budgeted. The Friends of Pleasant Hill Library shared their programming funds have been expended through the close of the year and shared the programs would meet a request from the community. No Council discussion. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. Classification and Compensation Study Implementation Wietecha provided an overview of the implementation of the Compensation Study. Council is requested to adopt the Step & Grade Scale (2022 Final) and approve wage adjustments for non-represented (non-union) employees, retroactive to July 4, 2022, as outlined in the memo provided. Wietecha shared the recommendation, highlighting that it balances several priorities fairly. Adopting the recommendation positions the City to retain high-performing employees, while also being able to recruit top talent to meet future needs. Council discussion on the support for the study and its outcomes. Councilmember Vaughan shared that wage is not the only reason why employees work for the City. Vaughan shared the ongoing efforts to increase engagement of employees and overall employee experience. Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Lund. 7 Ayes, 0 Nays. Resolution No. 09-07-22: Approve Preliminary 2023 City Property Tax Levy, Preliminary Budget, and Setting Truth in Taxation Hearing Wietecha presented a brief overview of the resolution for the adoption of the Preliminary 2023 City Property Tax Levy, Preliminary Budget, and Setting Truth in Taxation. Council discussion on recognizing that Finance Committee of Council met on the budget and the full Council had a workshop just prior to the meeting, which accounts for limited discussion at the meeting. Councilmember Folch summarized some of the key features of the 2023 budget, acknowledging the increase is less than the rate of inflation at this time. Councilmember Vaughan reinforced that the preliminary levy is the maximum it could be and invited the community to provide feedback to Council. Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Resolution No. 09-08-22: Approve Proposed 2023 HEDRA – HRA Special Levy Tax Wietecha presented a brief overview of the resolution for the proposed 2023 HEDRA – HRA Special Tax Levy resolution. No Council discussion. Councilmember Lund motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Announcements • Summer Rec Programs at Levee Park… o Tuesday, September 13, Performance in the Park with “Collide Theatrical Dance.” Sponsored by SMEAD Manufacturing Company. o Friday, September 16, Movies in the Park with “The Mitchells vs. The Machines.” Sponsored by Ardent Mills. Please bring a non-perishable food donation for Hastings Family Service. o Wednesday, September 21, Storytime in the Park is “Transportation.” Recommended for ages 10 and under. A partnership with Pleasant Hill Library. o Friday, September 23, to Sunday, September 25, a Storywalk will be on the trail between Levee Park and Jaycee Park. A partnership with Pleasant Hill Library. • The Fire Relief Association’s annual Booya is this Saturday, September 10. • Building Remembrance for Reconciliation (BR4R) is holding a conversation about the early Black community in Hastings next week Tuesday, September 13. • Happy Birthday coming up for Councilmember Braucks. • Vaughan—Great River Rail—took train from St. Paul to LaCrosse; approval for 2nd train and momentum for the 3rd. Encourages continued Council representation on this and (the other) so that the City continues to have a voice. Meetings • HEDRA on Thursday, September 8, 2022 at 6:00 p.m. • Planning Commission Meeting on Monday, September 12, 2022 at 7:00 p.m. • Parks and Recreation Commission on Tuesday, September 13, 2022 at 7:00 p.m. • Arts Task Force Meeting on Wednesday, September 14, 2022 at 6:00 p.m. • Public Safety Advisor Commission Meeting on Thursday, September 15, 2022 at 6:30 p.m. • City Council Meeting on Monday, September 19, 2022 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 9:06 PM, seconded by Councilmember Braucks. Ayes 7; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 09/15/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of August 2022 CenterPoint & Xcel payments. Council review of weekly routine disbursements issued 09/13/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 09/20/2022. Background Information: Disbursements for routine items are made weekly. Disbursements for capital purchases and employee reimbursements are made twice a month, subsequent to Council approval. Financial Impact: August 2022 Xcel Payments $ 66,157.62 August 2022 CenterPoint Payment $ 8,332.61 Disbursement Checks, EFT on 09/13/2022 $ 281,204.89 Disbursement Checks & EFT to be issued on 09/20/2022 $ 1,390,937.26 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 4,794.03 29-Jul 101-140-1403-6343 51-6960213-7 4,629.19 29-Aug 101-140-1403-6343 51-6960208-0 1,923.99 10-Aug 101-140-1404-6343 51-8110141-1 468.63 10-Aug 101-140-1407-6343 51-6960219-3 64.19 9-Aug 101-201-2016-6343 51-6960210-4 182.59 10-Aug 101-300-3100-6343 51-6960210-4 912.97 10-Aug 101-301-3200-6343 51-0011278454-9 34.27 10-Aug 101-302-3201-6343 51-0263715-0 199.30 11-Aug 101-302-3201-6343 51-6960218-2 14,677.56 18-Aug 101-302-3201-6343 51-6960215-9 3,270.51 8-Aug 200-401-4440-6343 51-0010048093-4 16.43 10-Aug 200-401-4440-6343 51-0011082067-5 112.25 10-Aug 200-401-4440-6343 51-6960220-6 1,414.55 9-Aug 200-401-4447-6343 51-6960209-1 4,923.51 29-Aug 201-401-4240-6343 51-6960214-8 1,573.36 9-Aug 213-210-2100-6343 51-7216831-9 692.70 10-Aug 220-450-4160-6343 51-6960216-0 4,576.31 3-Aug 600-300-3300-6343 51-6960216-0 4,628.53 1-Aug 600-300-3300-6343 51-6960210-4 730.37 10-Aug 600-300-3300-6343 51-6960216-0 8,989.30 18-Aug 600-300-3300-6343 51-6960216-0 6,361.57 18-Aug 600-300-3302-6343 51-6960217-1 981.51 8-Aug 601-300-3400-6343 66,157.62 XCEL AUTOMATIC PAYMENTS Aug 2022 Payments VIII-01 Department Amount Account Police 116.88 101-140-1403-6345 City Hall 198.41 101-140-1404-6345 City Storage 62.87 101-140-1407-6345 Alt Learning Ctr 47.44 101-401-4143-6345 Parks 477.11 200-401-4440-6345 Jt Maint 129.63 200-401-4447-6345 Pool 6,227.62 201-401-4240-6345 Fire 222.90 213-210-2100-6345 Le Duc 146.04 220-450-4160-6345 Water 281.32 600-300-3300-6345 Water 54.70 600-300-3302-6345 Garage 129.09 601-300-3400-6345 Arena 238.60 615-401-4103-6345 TOTAL 8,332.61 CENTERPOINT ENERGY Aug-22 VIII-01 09-09-2022 02:25 PM Council Report SEPT 13H PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ COUNCIL & MAYOR GENERAL LEAGUE OF MN CITIES 2022-2023 MEMBERSHIP 19,592.00 MN MAYORS DUES 30.00_ TOTAL: 19,622.00 FINANCE GENERAL ABDO LLP SOFTWARE EVAL 14,000.00_ TOTAL: 14,000.00 FACILITY MANAGEMENT GENERAL HOMETOWN ACE HARDWARE FC LUBRICANTS 14.38 CH TOOLS 71.59 KENDELL DOORS AND HARDWARE FC REPAIR MAIN FRONT DOOR 826.92 W.W. GRAINGER, INC. LD, PW, PD SUPPLIES 36.44 TERRYS HARDWARE, INC. CH COPPER TUBING PRESS TOO 2,157.00_ TOTAL: 3,106.33 I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS KNOWBE4 SUBSCRIPTION 1,131.52 PRO-TEC DESIGN, INC. BALLOT BOX CAMERA 2,788.96 MARCO TECHNOLOGIES, LLC MITEL PHONE MAINT. 6,867.85 BAYCOM INC TOUGHBOOK LIFECYCLE REPLAC 36,146.00_ TOTAL: 46,934.33 POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS SEPT 2022 BILL 3,209.00 STREICHERS WEAPON LIGHT 323.99 LESS LETHAL ROUNDS 83.00_ TOTAL: 3,615.99 BUILDING & INSPECTIONS GENERAL METRO SALES, INC SMALL FORMAT SCANNING 1,542.98_ TOTAL: 1,542.98 PUBLIC WORKS GENERAL FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 4,491.75 AUGUST 22 MONTHLY FEES 310.75 AUGUST 22 MONTHLY FEES 1,582.00 ARROW BUILDING CENTER SURVEY MARKING PAINT-PINK 83.53 W.W. GRAINGER, INC. LD, PW, PD SUPPLIES 40.86_ TOTAL: 6,508.89 PUBLIC WORKS STREETS GENERAL FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 1,892.75 AUGUST 22 MONTHLY FEES 282.50 BOYER FORD TRUCKS/DBA ALLIANCE HOSE ASSEMBLY 93.32 CLEVIS, BRAKE ADJUSTER, CL 223.98 FORCE AMERICA REPAIR KIT 596.94 PINE BEND PAVING, INC. ASPHALT WEAR 690.00 ASPHALT WEAR 562.35 UNLIMITED SUPPLIES INC. HAND WIPES 21.28_ TOTAL: 4,363.12 PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 2,825.03_ TOTAL: 2,825.03 PARKS & RECREATION PARKS WILDSIDE GRAPHIX ADOPT A PARK DECAL 20.00 NICHOLE WAGNER VOLLEYBALL REF 200.00 MICHAEL A. PATRICK SOFTBALL UMP 84.00 MICHAEL E OBRIEN SOFTBALL UMP 112.00 THIERRY AUGE SOFTBALL UMP 168.00 CANNON PEST MANAGEMENT TICK AND MOSQUITO TREATMEN 1,700.00 STACY BEISSEL VOLLEYBALL REF 200.00_ TOTAL: 2,484.00 VIII-01 09-09-2022 02:25 PM Council Report SEPT 13H PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS SEPT 2022 BILL 318.00 TARGETSOLUTIONS LEARNING, LLC VECTOR SCHEDULING 4,815.42 VECTOR SOLUTIONS 5,503.67 ASPEN MILLS R. ERICKSON - UNIFORM 66.06 EMERGENCY APPARATUS MAINT REPAIR ENGINE 2 485.87 REPAIR TO ENGINE 2 602.79 REPAIR TO TENDER 1 1,168.52 TERRYS HARDWARE, INC. FASTENERS, CHAIN PAIL 11.93_ TOTAL: 12,972.26 AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 36.50 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 59.69 LINDE GAS & EQUIPMENT INC. OXYGEN 140.44_ TOTAL: 236.63 LEDUC LEDUC HISTORIC EST W.W. GRAINGER, INC. LD, PW, PD SUPPLIES 48.92_ TOTAL: 48.92 NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 960.50_ TOTAL: 960.50 PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 1,666.75_ TOTAL: 1,666.75 PUBLIC WORKS WATER FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 2,260.00 US SALT WATER TREATMENT PLANT SALT 7,284.04_ TOTAL: 9,544.04 PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 508.50_ TOTAL: 508.50 PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 113.00 SCHLOMKA'S SERVICES, LLC STORM DRAIN CLEANING 4,275.00_ TOTAL: 4,388.00 PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 52.35 ENTRY RUG SERVICE 52.35 NAPA AUTO PARTS BATTERY CHARGER 67.99 FERGUSON ENTERPRISES INC PLUMBING SUPPLIES 27.00 PLUMBING 23.99_ TOTAL: 223.68 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM 8.81 WC CLAIM 928.01 LEAGUE MN CITIES INSURANCE TRUST 4TH INSTALLMENT 69,389.00 3RD INSTALLMENT 73,144.00_ TOTAL: 143,469.82 NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. AUGUST 22 MONTHLY FEES 56.50 AUGUST 22 MONTHLY FEES 84.75 AUGUST 22 MONTHLY FEES 84.75 AUGUST 22 MONTHLY FEES 197.75 AUGUST 22 MONTHLY FEES 282.50 AUGUST 22 MONTHLY FEES 367.25 AUGUST 22 MONTHLY FEES 593.25 VIII-01 09-09-2022 02:25 PM Council Report SEPT 13H PYMTS, 2022 PAGE: 3 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER ONEY, TYLER/ANDREA US REFUNDS 1.46 HEATH, JOHANNA US REFUNDS 69.52 OPENDOOR PROPERTY LLC US REFUNDS 86.74 KNUTSON ESTATE , MERLE US REFUNDS 75.11 SCHULTZ, JASON US REFUNDS 54.54 OLSON, LOGAN US REFUNDS 76.34 ARTHURS, JOSHUA/ASHLEE US REFUNDS 150.00 HAYEK, GEORGE/MARIE US REFUNDS 2.66_ TOTAL: 2,183.12 =============== FUND TOTALS ================ 101 GENERAL 102,518.67 200 PARKS 2,484.00 213 FIRE & AMBULANCE 13,208.89 220 LEDUC HISTORIC ESTATE 48.92 416 PW Cold Storage Building 960.50 482 2022 IMPROVEMENTS 1,666.75 600 WATER 10,060.41 601 WASTEWATER 508.50 603 STORM WATER UTILITY 4,388.00 615 ARENA 223.68 705 INSURANCE FUND 143,469.82 807 ESCROW - DEV/ENG/TIF-HRA 1,666.75 -------------------------------------------- GRAND TOTAL: 281,204.89 -------------------------------------------- TOTAL PAGES: 3 VIII-01 09-15-2022 11:54 AM Council Report SEPT 20TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER AUG SAC 108,246.60_ TOTAL: 108,246.60 ADMINISTRATION GENERAL CITYGATE ASSOCIATES, LLC HFD STUDY 11,525.06 ABDO LLP COMP & CLASS STUDY 2,000.00_ TOTAL: 13,525.06 CITY CLERK GENERAL I/O SOLUTIONS, INC. SCORING ANSWER SHEETS 40.00 INTEGRITY INVENTORY 319.00 THE JOURNAL LEGAL PUBLICATIONS 659.36 NEWSPAPER PUBLICATIONS 373.24 SYNCSTREAM SOLUTIONS, INC. YEAR OF FULL-SERVICE ACA 2,423.13 R.E. WAHLSTROM CONCRETE & DIVERSIFIED CONCRETE - BASE OF BALLOT 750.00_ TOTAL: 4,564.73 FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 11.00_ TOTAL: 11.00 FACILITY MANAGEMENT GENERAL HOMETOWN ACE HARDWARE F.C. BIT, DIE, NUTS 17.45 ARCHER MECHANICAL. LLC CH REPAIR BOILERS, HEAT EX 16,424.30 CHARLIE JUDGE MILEAGE TO/FROM BREEZY POI 221.26 ECOLAB PEST ELIMINATION DIVISION CS PEST CONTROL 84.26 MN DEPT LABOR & INDUSTRY PD PRESSURE VESSEL ANNUAL 40.00 CH PRESSURE VESSEL ANNUAL 50.00_ TOTAL: 16,837.27 I.T. GENERAL OFFICE OF MN.IT SERVICES AUG 2022 WAN/USAGE 515.15 TYLER TECHNOLOGIES, INC. INCODE ANNUAL MAINT. 16,594.16_ TOTAL: 17,109.31 POLICE GENERAL DAKOTA COMMUNICATIONS CENTER DCC FEE - OCT 2022 17,261.34 SYMBOLARTS, LLC HPD BADGE PURCHASE 625.75 GALLS LLC WILSKE - UNIFORM 70.06 WILSKE - UNIFORM 252.00 SHRED RIGHT SHREDDING 17.73 TRUAX PATIENT SERVICES NARCAN PURCHASE 237.50 KEYSTONE INTERPRETING SOLUTIONS CITY COUNCIL-CITIZEN AWARD 230.30 MARIE RIDGEWAY LICSW LLC EMPLOYEE CONSULT 450.00 BOUND TREE MEDICAL LLC REGULATOR FOR O2 52.99 GRAPHIC DESIGN SGT. DIEDRICH BUSINESS CAR 73.00_ TOTAL: 19,270.67 PUBLIC WORKS GENERAL MICHAEL SCOTT ANDERSON 2022 BRIDGE INSPECTION SVC 2,750.00_ TOTAL: 2,750.00 PUBLIC WORKS STREETS GENERAL ROAD MACHINERY & SUPPLIES CO PAVER RENTAL 4,408.50 PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 180.00 HOMETOWN ACE HARDWARE LATCHING TOTE, PAIL 33.81 ELBOW, NIPPLE, BOLTS, COUP 84.48 CAPS 6.29 ROPE, FASTENERS 19.31 NAPA AUTO PARTS MIRROR HEAD 29.44 SHOP TOWELS 9.00 SPIN CITY LAUNDROMAT, LLC. LAUNDRY RAGS 20.00 OUTLAW IRON LAWN CARE LLC AUGUST MOWING 3,600.00 BENJAMIN BANITT BANITT CLOTHING 124.97 VIII-01 09-15-2022 11:54 AM Council Report SEPT 20TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ CUSTOM SAWDUST, LLC OCT 2022 BLDG RENTAL 3,650.00 ANDERSEN, EARL F. ARM BRACKET 65.50 MINNESOTA AG GROUP - HASTINGS ELBOW 34.50 BOYER FORD TRUCKS/DBA ALLIANCE TEE, T-FITTINGS 131.03 MN DEPT LABOR & INDUSTRY PW PRESSURE VESSEL REGISTR 30.00 PINE BEND PAVING, INC. ASPHALT 64,365.96 TERRYS HARDWARE, INC. BRUSHKNIFE, RED LINE 51.90 CLEVIS HOOK 37.96 PROPANE, SUNSCREEN 55.97_ TOTAL: 76,938.62 PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 SEPT. SR. CENTER/TILDEN CO 2,500.00_ TOTAL: 2,500.00 PARKS & RECREATION PARKS O'REILLY AUTOMOTIVE SOCKET & BULB 34.32 TRI-STATE BOBCAT, INC. REAIRS TO TOOL CAT 463.07 AA AUTO TECHNICIANS, INC. REPAIRS TO CAR 809.93 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE AUGUST SERVICES 2,760.00 BAUER BUILT INC TIRES FOR TRUCK 618.96 HOMETOWN ACE HARDWARE FIELD PAINT 49.46 MISC SUPPLIES FOR KUBOTA T 7.71 JM DEHUMIDIFIER FILTERS 13.66 DAKOTA COUNTY ABSTRACT TEENIS COURT LAND RESEARCH 150.00 GERLACH OUTDOOR POWER EQUIP FERRIS REPAIR 78.03 BELT FOR FARRIS 132.49 W.W. GRAINGER, INC. JM DRINKING FOUNTAIN 46.50 MTI DISTRIBUTING COMPANY 5910 REPAIRS 523.16 5910 REPAIRS 217.33 NIEBUR TRACTOR & EQUIPMENT, INC. KUBOTA MOWER REPAIR 48.97 KUBOTA MOWER REPAIR 281.83 SHERWIN-WILLIAMS STAIN FOR SIGNS 101.30 TERRYS HARDWARE, INC. BATTERY & REEL 60.27_ TOTAL: 6,396.99 FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE - OCT 2022 8,630.66 IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 MONTHLY HOSTING FE 281.39 BEST MAID COOKIE CO COOKIES FOR ANNUAL OPEN HO 516.09 ASPEN MILLS UNIFORMS 283.94 CENTURY COLLEGE FFI BOOK 115.00 NORTHERN SAFETY TECHNOLOGY REPAIR/POD ASSEMBLY 154.74_ TOTAL: 10,656.82 AMBULANCE FIRE & AMBULANCE RYAN ERNST REIMBURSE FOR CLASSES 184.80 EXPERT BILLING, LLC ELECTRONIC AMB BILLS - 176 4,928.00 HENRY SCHEIN, INC. AMBULANCE SUPPLIES 10.20 DANIELS HEALTH HAZ WASTE 179.64 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 195.99 MEDICAL SUPPLIES 259.83 MISCELLANEOUS V JASON A. ANDERSON JASON A. ANDERSON: AMB REF 22.36 LINDE GAS & EQUIPMENT INC. OXYGEN 198.49_ TOTAL: 5,979.31 PARKS & RECREATION PARKS CAPITAL PROJ ISG ISABEL D&E 1,243.75 ISABEL D&E 1,828.50_ TOTAL: 3,072.25 VIII-01 09-15-2022 11:54 AM Council Report SEPT 20TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS 2022 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 22-1 COMPS, STAKING, FIELD 2,577.50 DANNER INC. 2022-1 PAY EST #3 719,768.56_ TOTAL: 722,346.06 NON-DEPARTMENTAL WATER MISCELLANEOUS V ONEY, TYLER/ANDREA 01-687000-08 1.46 HEATH, JOHANNA 04-028000-03 69.52 OPENDOOR PROPERTY LL 06-103000-04 86.74 KNUTSON ESTATE , MER 06-130000-03 75.11 SCHULTZ, JASON 06-166000-03 54.54 OLSON, LOGAN 09-047170-01 76.34 ARTHURS, JOSHUA/ASHL 10-370000-03 150.00 HAYEK, GEORGE/MARIE 17-719000-01 2.66_ TOTAL: 516.37 PUBLIC WORKS WATER HAWKINS INC CHLORINE, FREIGHT 1,339.75 HOMETOWN ACE HARDWARE CHAINS, EYEBOLTS, SNAPS, T 53.84 CORE & MAIN LP MXU'S - METER REPLACEMENT 7,266.24 ALEX KIEFFER KIEFFER - CARHARTT CLOTHIN 99.98 VAN METER INC TAPE 115.26 LUGS 27.31 G & L TANK SANDBLASTING & COATINGS, LL 4TH ST TANK RECONDITION-1S 227,287.50 CANNON ELECTRIC MOTOR WELL #3 REHAB 5,940.00 GOPHER STATE ONE-CALL INC LOCATES - AUGUST 417.15 GRAPHIC DESIGN UTILITY BILLING STATEMENTS 266.34 UTILITY BILLING STATEMENTS 1,228.79 KIMMES-BAUER WELL DRILLING INC WELL #3 REHAB 400.00 NINE EAGLES PROMOTIONS KIEFFER - SWEATSHIRT 50.00 TERRYS HARDWARE, INC. PADLOCKS 161.88 WASHERS, NUTS, BOLTS 1.19 SWIVEL CONNECTOR, ADAPTER 11.28 VALLEY SALES OF HASTINGS ACTUATORS 120.47_ TOTAL: 244,786.98 PUBLIC WORKS WASTEWATER GRAPHIC DESIGN UTILITY BILLING STATEMENTS 266.33 MCES WASTEWATER SVC - OCTOBER 132,886.01 ZIEGLER, INC. CASKET-LIFT, PUMP 65.03_ TOTAL: 133,217.37 PUBLIC WORKS STORM WATER UTILIT RIVER COUNTRY COOPERATIVE AMINE, GLYSTAR PLUS 254.06 GRAPHIC DESIGN UTILITY BILLING STATEMENTS 266.33_ TOTAL: 520.39 PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. M-RETS ISSUANCE FEE 84.44 MSA PROFESSIONAL SERVICES, INC. 22-1 COMPS, STAKING, FIELD 437.50 HOMETOWN ACE HARDWARE LED'S 25.18_ TOTAL: 547.12 MISCELLANEOUS VEHICLE AND EQUIP GUARDIAN FLEET SAFETY, LLC H2207/1420 BUILD 1,144.34_ TOTAL: 1,144.34 VIII-01 09-15-2022 11:54 AM Council Report SEPT 20TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 261,753.26 200 PARKS 6,396.99 213 FIRE & AMBULANCE 16,636.13 401 PARKS CAPITAL PROJECTS 3,072.25 482 2022 IMPROVEMENTS 722,346.06 600 WATER 245,303.35 601 WASTEWATER 133,217.37 603 STORM WATER UTILITY 520.39 620 HYDRO ELECTRIC 547.12 703 VEHICLE AND EQUIP FUND 1,144.34 -------------------------------------------- GRAND TOTAL: 1,390,937.26 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum TO: Mayor Fasbender & City Council Members FROM: Alan Storlie, Fire Marshal DATE: September 2, 2022 ITEM: Agreement for Use of Fire Safety House – Open House Council Action Requested: Approve agreement with the City of Rosemount for use of the fire safety house at our annual Fire Department Open House. Background Information: The City of Rosemount and the Rosemount Fire Department own and maintain a fire safety house. The house is used at our annual fire department open house to provide fire safety training to school-aged children. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None Attachment: Agreement for use of safety house at our annual fire department open house. VIII-02 VIII-02 VIII-02 VIII-02 VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: September 19, 2022 Item: Special Event Request –DBA Community Halloween Council Action Requested: Consider the request from Hastings Downtown Business Association for a Special Event Designation on Sunday, October 30th, 2022 for the DBA Community Halloween. Background Information: The Downtown Business Association is requesting closure of three blocks on 2nd street, between Vermillion St. to Tyler St. on Sunday, October 30th 2022, for their 4th Annual Halloween Event. The event will start at 2:00 p.m. and end at 5:00 p.m. Event Organizers anticipate attendance of 250 people. Family friendly entertainment and activities will be coordinated on each block, including a DJ, candy give-a-ways, storefront window displays, and a food collection for Hastings Family Service. The map of the event is included for City Council review. The 2022 event will be the 4thevent hosted in Downtown Hastings. City Staff have reviewed the request and are supportive with the following conditions. Designating this event as a Special Event, will allow for street closures, and exclusive use of the identified areas on the attached map. This event meets the criteria to qualify as a Council-designated Special Event. Recommended conditions to be included in the proposed Special Event Designation: • The areas identified on the attached map shall be for the use of Downtown Hastings DBA Halloween event between the designated hours of 2:00 p.m. – 5:00 p.m. on Sunday, October 30th 2022. • City Staff and Event organizers will set up a meeting to walk-through prior to the event. Organizers will provide main contact information for our staff and reservists to have to troubleshoot during the event. • Event Organizers will provide adequate street closure equipment, provided by the Downtown Business Association. • The event organizers are required to post ‘No Parking’ signs 24-hours in advance, with the expectation that downtown parking on the three requested blocks is cleared by Noon the day of the event. Hastings Police Department may have to assist if there are cars left after Noon within the event parameters. • The City will strive to provide Police Reservists. VIII-03 • Event organizers must ensure safety measures for any open fires they may have at the event. • All vendors must obtain City of Hastings vendor license prior to event, the cost of licensure is the responsibility of the vendor or event organizer, and licenses must be obtained from the City Clerk at Hastings City Hall. • Event organizers will have the footprint cleaned up by 7:00 p.m. with barricades removed and the street accessible by the public. • Event organizers agree the site will be left in at least the condition it was pre-event. • Insurance certificate provided by event organizers, listing the City of Hastings as additionally insured. • Any other reasonable conditions as determined by staff. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Special Event Application ▪ Event Map VIII-03 SPECIAL EVENT PERMIT APPLICATION ADHERE TO COVID-19 GUIDELINES. The User represents & confirms that all requirements of the City and State of Minnesota related to COVID-19, including, but not limited to, Governor’s Executive Order & State Agency Guidance, have been included in the User’s COVID-19 Preparedness Plan which will be implemented and enforced while using any Facility in accordance this Agreement. User is responsible for monitoring & updating their COVID-19 Preparedness Plan should the requirements of the City or State of Minnesota be altered, updated, or otherwise changed. General Event Information Event Name: Name of Event Coordinator: Home Phone: ( ) Work Phone: ( ) Cell Phone: ( ) E-mail: Mailing Address: Website: On Site Contact Name: On Site Contact Cell Phone: ( ) Date(s) Requested: Date Day of Week Time Total Hours am/pm to am/pm am/pm to am/pm am/pm to am/pm Is this event: Open to the public Private Will this be an annual event? Yes No Has this event been held in another City? Yes No If yes, when was it held and where? ___________________________________________________________________________ Will an admission fee be charged? Yes No Will donations be accepted? Yes No What will proceeds from the event be used for? Anticipated Attendance: Total Per Day Will there be a tent(s) at the event? Yes No If yes, how many and how big? Event Location Information Location of the event (including the starting line, finish line and staging/disbanding areas): List of any City parks/facilities to be used for the event: Number of vehicles expected at the event: Describe where participants will park: /Business Hosting Event: Name of Organization Fundraiser Other: Type of Event (mark all that apply): Downtown Event Race/Run/Walk Concert/Performance VIII-03 If the event will take place on private property, has approval been obtained from the property owner(s)? Yes No Please include a site plan for the event location that show the location of the starting line, finishing line, staging areas, tents, vendors, parking areas, sound amplification equipment and any other areas that will be setup as part of the event. Recycling and Trash are required for collection at all events with waste. Recycling and Trash must follow the Best Management Practices including: paired and labeled containers. Questions? Please contact our City Recycling Coordinator 651-480-6182 Will your event generate waste? If yes, we recommend contacting a Hauler for bins and waste pick-up. Yes No Event Route Information Does the event propose to require the use of any public right of way (crossing or traveling within)? List all public right of way that will be used during the event: City Streets ______________________________________________________________________________________________ ________________________________________________________________________________________________________ Trails/Sidewalks __________________________________________________________________________________________ ________________________________________________________________________________________________________ County Roads ___________________________________________________________________________________________ State Road ___________________________________________________________________________________________ Other Right of Way _______________________________________________________________________________________ Have you received approval for the use of any County or State right-of-way? Yes No Not applicable Please include a detailed map showing the proposed route. The route map must show what roadways, trails and sidewalks will be used and the direction the participants will travel. All street names must be clearly labeled. Event Safety Information Number of volunteers assisting with the event: Will alcohol be served or sold at the event? No Yes (a temporary beer or liquor license is required) Will there be a raffle or other regulated gambling activity at the event? No Will the event include the sale of any food or beverages? No Yes (health department permits are required, please provide a list of your approved food vendors):_____________________________________________________________________________ Yes No (The City of Hastings reserves the right to require street closings) __________________________________________________________________________________________________________ If yes, please describe: _______________________________________________________________________________________ Does the route require the closing or partial closing of any streets, intersections or crossings? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Is the promoter aware of any problems that may arise during the event? Yes No __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Have arrangements been made for emergency medical services? Yes No __________________________________________________________________________________________________________ If yes, please summarize: _____________________________________________________________________________________ Do you have a contingency plan if volunteers don’t show up? Yes No Yes (a temporary gambling permit is required) __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Will the event include the sale of any products or services? No Yes (please provide a list of your approved event vendors): VIII-03 I have read and agree to all ordinances and rules associated with this special event permit. I certify that the answers are true and correct to the best of my knowledge. _______________________________________________________ ______________________________ Signature Date Please return completed form to Paige Marschall-Bigler at pmarschall@hastingsmn.gov or mail in to Parks Department 920 10th St W, Hastings MN 55033. Call 651-480-6182 with any questions. Date application submitted: _____________________________________________ Date application approved by CC:_________________________________________ Required resources: - Police Reservists:_________________________________________________ - Equipment:______________________________________________________ - City staff:________________________________________________________ Insurance information received:___________________________________________ Licenses/permits obtained:_______________________________________________ __________________________________________________________________________________________________________ __________________________________________________________________________________________________________ Event Signage and Sound Information Please include a route map detailing where all DIRECTIONAL signage will be placed for the event. Please include a map detailing where all signs ADVERTISING the event will be placed. Will any sound amplification equipment be used at the event? Yes No If yes, please describe where in the event area the equipment will be used and what time the equipment will be used: Insurance Information Insurance coverage shall be maintained for the duration of the event with a minimum $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit. If food or non-alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. Proof of insurance coverage must be provided at least 5 days prior to the event. OFFICE USE ONLY VIII-03 Key Road blocks/barricades XSuggested detour routes DJ station Various activities X VIII-03 VIII-04 VIII-05 VIII-04 VIII-04 VIII-04 VIII-04 VIII-05 VIII-05 VIII-05 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: September 19, 2022 Item: Suite Living - 1st Reading - Amend Ordinance (Rezoning) Council Action Requested: Consider 1st Reading of an amendment to Hastings City Code Chapter 155.01 - Official Zoning Map to Rezone property from C-4 - Regional Shopping Center to R-4 - High Density Residence. Upon action by the Council, the 2nd reading and final adoption would be scheduled for the October 3, 2022 City Council Meeting along with remaining land use actions. A simple majority is necessary for action. Background Information: The request is submitted in conjunction with a proposal to construct a 32 unit assisted living and memory care facility as requested by Jeremy Larson of Hampton Cos. The 2.71 acre property is owned by Samuel H Hertogs and generally located southeast of 33rd and Vermillion Streets. Financial Impact: The addition of 32 assisted living units will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: The Planning Commission voted 3-2 (Peters and Matzke, nay) to recommend approval of the Rezoning along with the Comprehensive Plan Amendment, Preliminary Plat, Final Plat, and Site Plan at the September 12, 2022 meeting. During the public hearing Pete Terry of the adjacent Terrys Hardware summarized a letter from the company opposing the request; change would diminish commercial viability of the area. Ed McMenomy, current property owner, stated he has attempted to sell the property for over 20 years with no success. Commissioners discussed differing direction of the Vermillion Street Plan and Comprehensive Plan on guidance for the property, operation, employment, and parking needs of the facility. Peters supported the Site Plan but not the land use change. Matzke believed the change away from commercial was short sighted given future growth Attachments: • Ordinance Amendment • Letter - Charles Terry - Terrys Hardware • Planning Commission Staff Report - September 12, 2022 VIII-06 1st READING DRAFT ORDINANCE NO. 2022-____, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 155.01, ZONING CODE OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings that approximately 2.71 acres of property generally located southeast of Vermillion Street and 33rd Street is rezoned from C-4 - Regional Shopping Center to R-4 High Density Residence. The property is legally described as Outlot C, COUNTY CROSSROADS CENTER ADDITION, Dakota County, Minnesota. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. ADOPTED by the Hastings City Council on this 3rd day of October, 2022. _________________________________ Mary Fasbender, Mayor ATTEST: ____________________________________ Kelly Murtaugh, City Clerk VIII-06 I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of October, 2022, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. East Hastings, MN 55033 VIII-06 To: City Council and Planning Commission Hastings, MN From: Charles Terry President Terry Investments, LLC Peter Terry President Terry’s Hardware, Inc. The purpose of this letter is to advise the City of Hastings, MN and its Planning Commission and City Council of our opposition to the Comprehensive Plan Amendment and Rezoning associated with the Suite Living of Hastings development. We believe that it is inconsistent with sound land use and development principles, and detrimental to our business and property. Several basic principles or the “common sense” of land use planning and development are relevant to the proposed the Comprehensive Plan Amendment and Rezoning. These include: • The land use guidance of any property should take into account the following: o The preservation of sufficient area in appropriate locations of various land use types considering the long-term growth, vitality and sustainability of the City. o Impact on and compatibility with neighboring current and future land uses. • The location of successful commercial uses is limited by several criteria including, but not limited to access, visibility, proximity and massing of other commercial uses. • Land use planning should be based on the long term and not based on transitory market forces. The impact of decisions made today will have ramifications that last several decades (or longer). • Residential uses have greater flexibility in where they can be guided within a community. • Higher density residential uses serve as a good transitional use between commercial and less intensive uses. They are often sited at the periphery of commercial areas for this purpose and the synergistic nature of being adjacent to both commercial, and lower density residential areas without consuming property whose higher and better use would be commercial. • Land use guidance should not seek to create land uses area that are isolated – “Spot Zoning.” The subject property possesses the characteristics that make it best suited for commercial use - access, visibility, proximity and massing of other commercial uses. The City of Hastings is projected to experience continued growth through 2040 and it is reasonable to assume that growth will continue beyond 2040 as well. The majority of the growth is planned to occur on the south end of Hastings in relative proximity to the site. In the Comprehensive Plan, there are very limited opportunities for commercial development as the demand for goods and services in reasonable proximity to that growth. Additionally, reguiding the subject property from commercial to residential will further reduce a finite resource ( suitable commercial land) for the community, truncating its ability to diversify its tax base and provide goods and services to its residents as it continues to grow (mostly residentially) in the future. VIII-06 The proposed use on the subject property does not require the access, visibility, traffic count. etc. that are characteristics of the site which is more suitable for a commercial use. In fact, it eliminates one of the more prime commercial vacant properties within the community while putting a residential face on a key commercial area within the community. Furthermore, the reguidance does not provide any value as a transitional use since it is already bordered by existing commercial, medium density residential and an arterial roadway. The proposed reguidance is contrary to the 2040 Comprehensive Plan. The subject property is clearly guided as commercial and is guided as such in clear conformance with the basic principles or “common sense” of land use planning that are discussed earlier. The Comprehensive Plan identifies the area in which the subject property is located as an Activity Center. Regarding Future Land Use Objectives and Policies, specifically Objective 2: Sustainable Growth – Policy 7. Activity Centers within the plan, it states that the City will “work to intensify the pattern of land use in certain parts of the city. In those areas, apply zoning, infrastructure and incentives to create higher density development, particularly employment, shopping and multi-family housing, served by major roads.” Furthermore, “ ‘Activity centers’ are intended as a means of encouraging infill growth, of using infrastructure efficiently, of reducing auto trips and creating diverse, interesting urban locations.” The Plan identifies the primary locations of intensified development, including the Vermillion Street corridor/Highway 55 corridor. The proposal does not promote this objective. The nature of the use can not be in any described as active, neither nature of the business or residents contribute to the active vitality of the sounding area. In fact, it would be a quiet residential façade to the area. It should be noted that the 2040 Comp Plan references the Vermillion Street Corridor Study, adopted in April of 2018. The Study is a generalized summary of high level concepts, not a detailed development plan. Even so, it recognizes that commercial uses should be located along Vermillion Street to make best use of the transportation system, including access, traffic count and visibility while buffering the residential uses. This is consistent with traditional land use planning and development principles. The Comprehensive Plan, adopted AFTER the Vermillion Street Corridor Study did not reguide the subject property to anything other than commercial, indicating that such guidance was appropriate. The Comprehensive Plan is the master policy document when it comes to land use guidance. The Subdivision and Zoning Ordinances, as well as any area studies are subordinate to the Comprehensive Plan. As stated in Objective 3: Future Land Use Plan Map and Future Land Use Categories, the City will “Officially adopt and follow the Future Land Use Map and the Future Land Categories detailed as the general pattern of future continued physical development for the City of Hastings.” While the Comprehensive Plan, as a 20 year planning document, has the ability to be amended over time, the current plan was adopted a mere 19 months ago with no clear changes in circumstances, assumptions or new information to prompt such a change. Based on the aforementioned, we do not believe that the Comprehensive Plan Amendment and Rezoning is in the best interest of the City of Hastings or its residents. VIII-06 We also have concerns specific to our property and business. First, the proposed use continues to promote an essential change in the character of the area – from commercial to residential – especially in such a prominent location. Second, the reguidance undermines the massing of commercial properties necessary for the sustainable success of a commercial area. Third, we have concerns about the increasing potential land use incompatibility that would accompany the changing character of the area to residential, including noise, traffic, hours of operation, lighting and so forth that may prompt the City to place future undue limitations on the use of our property or future guidance of our property. Lastly, we have concerns regarding inverse spot zoning as the City continues to reguide adjacent properties to residential uses, isolating our property. All of this has the potential to negatively impact our operations and property value. Our family has built the business over the last 45 years. Of those, 31 have been in Hastings, providing goods, services, and contributing to the commercial tax base of the community. We have provided both full-time and part-time employment for several hundred local individuals and provided the primary employment for many households. During that time, we took a vacant building that was in decline, reinvested and expanded our business. We supported community events and local non-profits, youth organizations and sports, as well as numerous benefits for local residents in need. We also support local law enforcement. We are and have been a good corporate citizen that serves our community and supports or neighbors. We have pushed through recessions, pandemics, labor shortages and supply chain issues. And, we intend to continue to serve Hastings long into the future. In short, we believe the Comprehensive Plan Amendment and Rezoning to be a bad idea, near sighted and contrary to the long-term interest of the community and our business. If this application moves forward in the rush to pander to those who might invest in the community, the City would be neglecting those who already have. VIII-06 To: Planning Commissioners From: John Hinzman, Community Development Director Date: September 12, 2022 Item: Hampton Cos - Comprehensive Plan Amendment, Rezoning, Preliminary Plat, Final Plat, and Site Plan #2022-50 - Suite Living Planning Commission Action Requested Review and provide a recommendation on the following actions for development of a 32 unit assisted living and memory care facility as requested by Jeremy Larson of Hampton Cos. The 2.71 acre property is owned by Samuel H Hertogs and generally located southeast of 33rd and Vermillion Streets 1) Comprehensive Plan Amendment - Change the Future Land Use Map designation of “Commercial” to “Medium Density Residential” 2) Rezone property from C-4 - Regional Shopping Center to R-4 High Density Residence 3) Preliminary and Final Plat of SUITE LIVING OF HASTINGS a replat of the existing outlot into a single lot of record. 4) Site Plan for development of a 32 unit assisted living and memory care facility. BACKGROUND INFORMATION Comprehensive Plan The property is currently guided Commercial within the 2040 Comprehensive Plan. A request to amend the Comprehensive Plan to reguide the land to Medium Density Residential has been submitted with this application. The proposed amendment would be consistent with the intended use of the property as a Residential Care Facility. Zoning The property is currently zoned C-4 - Regional Shopping Center. A request to rezone the property to the R-4 - High Density Residence has been submitted with this application. Residential Care Facilities are a permitted use within the R-4 Zoning District. Planning Commission Memorandum VIII-06 Difference between the Comprehensive Plan and Zoning The Comprehensive Plan serves as a guiding document for future land use for the next 20 years and includes a Future Land Use Map identifying desired land uses. The Zoning Ordinance is the legal mechanism for regulating land use and includes the zoning map which identifies zoning districts and permitted uses. The Future Land Use Map of the Comprehensive Plan is used to guide decisions on rezonings. Existing Condition The site is vacant, flat, and treeless. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North 33rd Street Pro Power Rental Commercial C-2 - Highway Auto East Terrys Hardware Commercial C-4 Regional Shopping Center South Access Road - Enclave Apartments Dugarels Bar Commercial C-4 Regional Shopping Center West Vermillion Street Residential - Single Family Hastings Bus Garage Medium Residential Commercial R-2 Medium Density C-1 General Comm. History The subject property was part of a 1989 master development plan for a larger commercial development between Vermillion Street and Red Wing Blvd that includes Coborns (former Wal- Mart), adjacent strip mall, and the recent approval of Enclave Apartments. Vermillion Street Corridor Study The subject property was included in the 2018 Vermillion Street Corridor Study. The Study contemplated development of the property as a four story multi family building as shown below: VIII-06 Notification of Adjacent Owners All property owners within 350 feet of the site were provided notification of the meeting. Charles Terry owner of Terry’s Hardware shared concerns that the change in land use from commercial to residential would isolate his business and detract from the commercial viability of the area. VIII-06 REZONING REVIEW Request Rezone property from C-4 - Regional Shopping Center to R-4 - High Density Residence. The action serves as an amendment to Hastings City Code Chapter 155.01 - Official Zoning Map. Uses - R-4 Zoning District Hastings City Code Chapter 155.25 establishes the following requirements for the R-4 Zoning District: A. Intent. The intent of this chapter in establishing a medium density residence district is in recognition of the growing demand for multiple-family housing and of the desire to encourage high quality developments less than 3 stories in height in strategic locations within the city. B. Uses Permitted. Same as permitted in the R-3. 1. Multiple-family and single-family dwellings when part of a PRD; 2. Residential care facility, dependent and semi-independent, residential senior facility-independent, dormitories, public and parochial schools and churches, fire stations, professional offices, day care center, library, gift or craft shop and similar uses of a public service nature; VIII-06 3. Accessory uses incidental to the foregoing principal uses such as private garages and sheds; 4. Home occupations in accordance with § 155.07; 5. Planned residential developments pursuant to § 155.07; and 6. Keeping chickens pursuant to 91.02. C. Uses By Special Permit. Same as permitted in the R-3 District. 1. Neighborhood commercial subject to the requirements of § 155.07. (Am. Ord. 501, passed 8-18-2003) 2. Towers as regulated by § 155.07. Analysis • Rezoning conforms with the proposed Medium Residential Development Land Use District of the Comprehensive Plan. • Land to the southeast of the development has been approved for 211 apartment units. • The Vermillion Street Corridor Study contemplated residential development of the property. RECOMMENDATION - Rezoning Approval of the rezoning is recommended subject to the following conditions 1) Conformance with the plans submitted with the Planning Commission Staff Report dated September 12, 2022. 2) Approval of the Comprehensive Plan Amendment changing the Future Land Use Map designation from “Commercial” to “Medium Density Residential”. ATTACHMENTS • Site Location Map • Site Pictures • Developer’s Narrative • Site Plan • Architectural Elevations • Application VIII-06 LOCATION MAP VIII-06 Site Pictures Looking South from 33rd Street Looking East from Vermillion Street VIII-06 NO PARKING B 6 1 2 C U R B A N D G U T T E R , T Y P . B 6 1 8 C U R B A N D G U T T E R , T Y P . M A T C H E X I S T I N G C U R B A N D G U T T E R , T Y P . C O N C . D R I V E A P R O N P E R C I T Y S T A N D A R D S 3 ' C U R B T A P E R , T Y P . B 6 1 2 C U R B A N D G U T T E R , T Y P . C O N C . S I D E W A L K , T Y P . CONC. SIDEWALK, TYP. S U R M O U N T A B L E C U R B A C C E S S I B L E P A R K I N G S P A C E , I N C L . S I G N A G E , S T R I P I N G A N D R A M P S C O N C . S I D E W A L K , T Y P . P A T C H S T R E E T S E C T I O N I N - K I N D P E R C I T Y S T A N D A R D S T R A S H E N C L O S U R E , S E E A R C H ' L P L A N S F O R D E T A I L S M A T C H E X I S T I N G B I T . P V M T . 6' DECORATIVE FENCE CONC. PATIOFENCE GATE, TYP. 6 6 7 6 TRANSFORME R P A D S , C O O R D . W/ MECHANIC A L A N D U T I L I T Y CO. FOR EXAC T L O C A T I O N C O N C R E T E S I D E W A L K P E R C I T Y S T A N D A R D S M A T C H E X I S T I N G M A T C H E X I S T I N G 3 ' C U R B T A P E R , T Y P . 5.0' 5.0' 5.0' 2 7 . 0 ' 25.0' 2 4 . 0 ' R 3 . 0 ' R 5 . 0 ' R 1 0 . 0 ' R 3 . 0 ' R 3 . 0 ' R 1 7 . 0 ' R 2 7 . 0 ' R2 0 . 0 ' R 2 0 . 0 ' 2.0' 107.6' 3 7 . 3 ' 69.2' 35.0' 11.6' 1 1 . 8 ' C O N C . P A T I O S B - 1 S B - 2 SB-4 S B - 3 S B - 6 S B - 9 S B - 8 S B - 7 SB-5 1 8 " R C P 18" RCP 6" D I P 6" DIP 6 " D I P 8" DIP N O B U I L D I N G S A d d r e s s : 3 3 r d S t r e e t W e s t & H i g h w a y 6 1 P . I . D . 1 9 1 8 4 0 0 0 0 0 3 0 N27°02'31"E 332.28 S00°24'24"E 351.69 S 8 9 ° 3 5 ' 3 6 " W 9 2 . 9 9 N85°44'18"W 329.05 3 3 R D S T W ( A P u b l i c R / W ) ( W i d t h V a r i e s ) VERMILLION ST (U.S. HWY NO. 61)(A Public R/W) [ B ] B i t u m i n o u s D r i v e C r o s s e s P r o p e r t y L i n e 15" RCP Drainage & Utility Easement Per Plat D r a i n a g e & U t i l i t y E a s e m e n t P e r P l a t 6" DIP C o n c r e t e S i d e w a l k [ A ] C o n c r e t e S i d e w a l k L i e s o n P r o p e r t y 8" DIP8" DIP 36" RCP 1 0 " P V C Bituminous Drive Concrete Median 2 4 1 . 5 9 Δ = 3 7 ° 0 6 ' 3 6 " R = 3 7 3 . 0 0 C B = S 8 1 ° 3 0 ' 4 7 " E C = 2 3 7 . 3 9 Δ=1°55'38"74.57R=2217.028" San.12" RCP S A N I T A R Y S T U B P E R A S - B U I L T S . F I E L D V E R I F Y C i v i l E n g i n e e r i n g S u r v e y i n g L a n d s c a p e A r c h i t e c t u r e 5 0 0 0 G l e n w o o d A v e n u e G o l d e n V a l l e y , M N 5 5 4 2 2 c i v i l s i t e g r o u p . c o m 6 1 2 - 6 1 5 - 0 0 6 0 C O P Y R I G H T C I V I L S I T E G R O U P I N C . c SUITE LIVING HASTINGS 33RD ST WEST AND HWY 61, HASTINGS, MN 55033 1824 BUERKLE ROAD, WHITE BEAR LAKE, MN 55110 SUITE LIVING/HAMPTON COMPANIES LLC PROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N I S S U E / S U B M I T T A L S U M M A R Y D A T E D E S C R I P T I O N . . . . . . . . . . . . P R O J E C T N U M B E R : 2 2 0 5 3 . . . . . . . . . . . . 0 8 / 1 6 / 2 2 C I T Y S U B M I T T A L D R A W N B Y : R E V I E W E D B Y : M D , J L R L . . . . . . . . . . . . . . 2 0 2 2 5 9 6 1 2 R O B E R T A . L A T T A L I C E N S E N O . D A T E I H E R E B Y C E R T I F Y T H A T T H I S P L A N , S P E C I F I C A T I O N , O R R E P O R T W A S P R E P A R E D B Y M E O R U N D E R M Y D I R E C T S U P E R V I S I O N A N D T H A T I A M A D U L Y L I C E N S E D P R O F E S S I O N A L E N G I N E E R U N D E R T H E L A W S O F T H E S T A T E O F M I N N E S O T A . 0 8 / 1 6 / 2 2 R E V I S I O N S U M M A R Y D A T E D E S C R I P T I O N C 2 . 0 S I T E P L A N . . . . . . . . . . . . S I T E A R E A T A B L E : S I T E L A Y O U T N O T E S : S I T E P L A N L E G E N D : T R A F F I C D I R E C T I O N A L A R R O W P A V E M E N T M A R K I N G S S I G N A N D P O S T A S S E M B L Y . S H O P D R A W I N G S R E Q U I R E D . H C = A C C E S S I B L E S I G N N P = N O P A R K I N G F I R E L A N E S T = S T O P C P = C O M P A C T C A R P A R K I N G O N L Y 0 1 " = 2 0 ' - 0 " 2 0 ' - 0 " 1 0 ' - 0 " N K n o w w h a t ' s b e l o w . b e f o r e y o u d i g . C a l l R P R O P E R T Y L I N E C U R B A N D G U T T E R - S E E N O T E S ( T . O . ) T I P O U T G U T T E R W H E R E A P P L I C A B L E - S E E P L A N L I G H T D U T Y B I T U M I N O U S P A V E M E N T ( I F A P P L I C A B L E ) . S E E G E O T E C H N I C A L R E P O R T F O R A G G R E G A T E B A S E & W E A R C O U R S E D E P T H , S E E D E A T I L . H E A V Y D U T Y B I T U M I N O U S P A V E M E N T ( I F A P P L I C A B L E ) . S E E G E O T E C H N I C A L R E P O R T F O R A G G R E G A T E B A S E & W E A R C O U R S E D E P T H , S E E D E T A I L . C O N S T R U C T I O N L I M I T S T O P E R V I O U S P A V E M E N T ( I F A P P L I C A B L E ) - C O N C R E T E P A V E R P E R V I O U S S Y S T E M . I N C L U D E A L L B A S E M A T E R I A L A N D A P P U R T E N A N C E S A S S P E C I F I E D P E R M A N U F A C T U R E R S P E C I F I C A T I O N S & I N S T R U C T I O N S . M A K E : B E L G A R D , O R E Q U I V I L A N T M O D E L : A Q U A S T O N E , O R E Q U I V I L A N T C O L O R : T . B . D . - P R O V I D E S A M P L E S , S H O P D R A W I N G S & P R O D U C T D A T A R E Q U I R E D P R I O R T O C O N S T R U C T I O N . S P E C I A L T Y P A V E M E N T ( I F A P P L I C A B L E ) - P R O V I D E B I D F O R T H E F O L L O W I N G O P T I O N S , I N C L U D E V A R I A T I O N S O F B A S E M A T E R I A L A N D O T H E R N E C E S S A R Y C O M P O N E N T S . 1 . S T A M P E D & C O L O R E D C O N C R E T E 2 . C O N C R E T E P A V E R S M A K E R S , C O L O R S , M O D E L S , & P A T T E R N T O B E I N C L U D E D I N S H O P D R A W I N G S U B M I T T A L P R I O R T O C O N S T R U C T I O N . CITY OF HASTINGS SITE SPECIFIC NOTES:1.RESERVED FOR CITY SPECIFIC REMOVAL NOTES. A C C E S S I B I L I T Y A R R O W ( I F A P P L I C A B L E ) D O N O T P A I N T . OPERA T I O N A L N O T E S : SNOW RE M O V A L A L L S N O W S H A L L B E S T O R E D O N - S I T E O U T S I D E P A R K I N G L O T . W H E N F U L L , R E M O V A L C O . S H A L L R E M O V E E X C E S S O F - S I T E TRASH RE M O V A L : T R A S H S H A L L B E P L A C E D I N E X T E R I O R T R A S H A R E A A N D R E M O V E D B Y C O M M E R C I A L C O . W E E K L Y . DELIVERIE S : D E L I V E R I E S S H A L L O C C U R A T T H E F R O N T D O O R V I A S T A N D A R D C O M M E R C I A L D E L I V E R Y V E H I C L E S ( U P S , F E D - E X , U S P S ) . 1 . A L L E X I S T I N G U T I L I T Y L O C A T I O N S S H O W N A R E A P P R O X I M A T E . C O N T A C T " G O P H E R S T A T E O N E C A L L " ( 6 5 1 - 4 5 4 - 0 0 0 2 O R 8 0 0 - 2 5 2 - 1 1 6 6 ) F O R U T I L I T Y L O C A T I O N S , 4 8 H O U R S P R I O R T O C O N S T R U C T I O N . T H E C O N T R A C T O R S H A L L R E P A I R O R R E P L A C E A N Y U T I L I T I E S T H A T A R E D A M A G E D D U R I N G C O N S T R U C T I O N A T N O C O S T T O T H E O W N E R . 2 . C O N T R A C T O R S H A L L V E R I F Y L O C A T I O N S A N D L A Y O U T O F A L L S I T E E L E M E N T S P R I O R T O B E G I N N I N G C O N S T R U C T I O N , I N C L U D I N G B U T N O T L I M I T E D T O , L O C A T I O N S O F E X I S T I N G A N D P R O P O S E D P R O P E R T Y L I N E S , E A S E M E N T S , S E T B A C K S , U T I L I T I E S , B U I L D I N G S A N D P A V E M E N T S . C O N T R A C T O R I S R E S P O N S I B L E F O R F I N A L L O C A T I O N S O F A L L E L E M E N T S F O R T H E S I T E . A N Y R E V I S I O N S R E Q U I R E D A F T E R C O M M E N C E M E N T O F C O N S T R U C T I O N , D U E T O L O C A T I O N A L A D J U S T M E N T S S H A L L B E C O R R E C T E D A T N O A D D I T I O N A L C O S T T O O W N E R . A D J U S T M E N T S T O T H E L A Y O U T S H A L L B E A P P R O V E D B Y T H E E N G I N E E R / L A N D S C A P E A R C H I T E C T P R I O R T O I N S T A L L A T I O N O F M A T E R I A L S . S T A K E L A Y O U T F O R A P P R O V A L . 3 . T H E C O N T R A C T O R S H A L L O B T A I N A L L N E C E S S A R Y P E R M I T S P R I O R T O C O N S T R U C T I O N , I N C L U D I N G A R I G H T - O F - W A Y A N D S T R E E T O P E N I N G P E R M I T . 4 . T H E C O N T R A C T O R S H A L L V E R I F Y R E C O M M E N D A T I O N S N O T E D I N T H E G E O T E C H N I C A L R E P O R T P R I O R T O I N S T A L L A T I O N O F S I T E I M P R O V E M E N T M A T E R I A L S . 5 . C O N T R A C T O R S H A L L F I E L D V E R I F Y C O O R D I N A T E S A N D L O C A T I O N D I M E N S I O N S & E L E V A T I O N S O F T H E B U I L D I N G A N D S T A K E F O R R E V I E W A N D A P P R O V A L B Y T H E O W N E R S R E P R E S E N T A T I V E P R I O R T O I N S T A L L A T I O N O F F O O T I N G M A T E R I A L S . 6 . L O C A T I O N S O F S T R U C T U R E S , R O A D W A Y P A V E M E N T S , C U R B S A N D G U T T E R S , B O L L A R D S , A N D W A L K S A R E A P P R O X I M A T E A N D S H A L L B E S T A K E D I N T H E F I E L D , P R I O R T O I N S T A L L A T I O N , F O R R E V I E W A N D A P P R O V A L B Y T H E E N G I N E E R / L A N D S C A P E A R C H I T E C T . 7 . C U R B D I M E N S I O N S S H O W N A R E T O F A C E O F C U R B . B U I L D I N G D I M E N S I O N S A R E T O F A C E O F C O N C R E T E F O U N D A T I O N . L O C A T I O N O F B U I L D I N G I S T O B U I L D I N G F O U N D A T I O N A N D S H A L L B E A S S H O W N O N T H E D R A W I N G S . 8 . T H E C O N T R A C T O R S H A L L S U B M I T S H O P D R A W I N G S O R S A M P L E S A S S P E C I F I E D F O R R E V I E W A N D A P P R O V A L B Y T H E E N G I N E E R / L A N D S C A P E A R C H I T E C T P R I O R T O F A B R I C A T I O N F O R A L L P R E F A B R I C A T E D S I T E I M P R O V E M E N T M A T E R I A L S S U C H A S , B U T N O T L I M I T E D T O T H E F O L L O W I N G , F U R N I S H I N G S , P A V E M E N T S , W A L L S , R A I L I N G S , B E N C H E S , F L A G P O L E S , L A N D I N G P A D S F O R C U R B R A M P S , A N D L I G H T A N D P O L E S . T H E O W N E R R E S E R V E S T H E R I G H T T O R E J E C T I N S T A L L E D M A T E R I A L S N O T P R E V I O U S L Y A P P R O V E D . 9 . P E D E S T R I A N C U R B R A M P S S H A L L B E C O N S T R U C T E D W I T H T R U N C A T E D D O M E L A N D I N G A R E A S I N A C C O R D A N C E W I T H A . D . A . R E Q U I R E M E N T S - S E E D E T A I L . 1 0 . C R O S S W A L K S T R I P I N G S H A L L B E 2 4 " W I D E W H I T E P A I N T E D L I N E , S P A C E D 4 8 " O N C E N T E R P E R P E N D I C U L A R T O T H E F L O W O F T R A F F I C . W I D T H O F C R O S S W A L K S H A L L B E 5 ' W I D E . A L L O T H E R P A V E M E N T M A R K I N G S S H A L L B E W H I T E I N C O L O R U N L E S S O T H E R W I S E N O T E D O R R E Q U I R E D B Y A D A O R L O C A L G O V E R N I N G B O D I E S . 1 1 . S E E S I T E P L A N F O R C U R B A N D G U T T E R T Y P E . T A P E R B E T W E E N C U R B T Y P E S - S E E D E T A I L . 1 2 . A L L C U R B R A D I I A R E M I N I M U M 3 ' U N L E S S O T H E R W I S E N O T E D . 1 3 . C O N T R A C T O R S H A L L R E F E R T O F I N A L P L A T F O R L O T B O U N D A R I E S , N U M B E R S , A R E A S A N D D I M E N S I O N S P R I O R T O S I T E I M P R O V E M E N T S . 1 4 . F I E L D V E R I F Y A L L E X I S T I N G S I T E C O N D I T I O N S , D I M E N S I O N S . 1 5 . P A R K I N G I S T O B E S E T P A R A L L E L O R P E R P E N D I C U L A R T O E X I S T I N G B U I L D I N G U N L E S S N O T E D O T H E R W I S E . 1 6 . A L L P A R K I N G L O T P A I N T S T R I P P I N G T O B E W H I T E , 4 " W I D E T Y P . 1 7 . B I T U M I N O U S P A V I N G T O B E " L I G H T D U T Y " U N L E S S O T H E R W I S E N O T E D . S E E D E T A I L S H E E T S F O R P A V E M E N T S E C T I O N S . 1 8 . A L L T R E E S T H A T A R E T O R E M A I N A R E T O B E P R O T E C T E D F R O M D A M A G E W I T H A C O N S T R U C T I O N F E N C E A T T H E D R I P L I N E . S E E L A N D S C A P E D O C U M E N T S . C O N C R E T E P A V E M E N T ( I F A P P L I C A B L E ) A S S P E C I F I E D ( P A D O R W A L K ) S E E G E O T E C H N I C A L R E P O R T F O R A G G R E G A T E B A S E & C O N C R E T E D E P T H S , W I T H I N R O W S E E C I T Y D E T A I L , W I T H I N P R I V A T E P R O P E R T Y S E E C S G D E T A I L V I I I - 0 6 C I T Y S U B M I T T A L N O T F O R C O N S T R U C T I O N DRAWN BY:CHECKED BY:REVISIONS:PROJECT #:c COPYRIGHT 2022DATE:RR ROSA ARCHITECTURAL GROUPSHEET1084 Sterling Street St. Paul, MN 55119 tel: 651-739-7988 fax: 651-739-3165RosaArchitecturalGroupInc.PREPARED BY ME OR UNDER MY DIRECT SPECIFICATION, OR REPORT WASI HEREBY CERTIFY THAT THIS PLAN,SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.REG. NO.SIGNED:PRINT NAME:DATE:PREPARED BY ME OR UNDER MY DIRECTSPECIFICATION, OR REPORT WASI HEREBY CERTIFY THAT THIS PLAN,SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.REG. NO.SIGNED:PRINT NAME:DATE:33rd St. W & HWY 61 Hastings, MN 55033 22227 AUG. 12, 2022 JL PROPOSED A4.1COLORSuite Living ELEVATIONS A4 . 17 3/ 1 6 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) TR A S H E N C L O S U R E E L E V . A4 . 18 3/ 1 6 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) TR A S H E N C L O S U R E E L E V . A4 . 19 3/ 1 6 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) TR A S H E N C L O S U R E E L E V . A4 . 1 10 3/ 1 6 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) TR A S H E N C L O S U R E E L E V . of Hastings A4 . 11 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D F R O N T E L E V A T I O N A4 . 12 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D N O R T H E L E V A T I O N A4 . 15 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D E A S T E L E V A T I O N A4 . 13 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D W E S T E L E V A T I O N A4 . 14 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D S O U T H E L E V A T I O N A4 . 16 3/ 3 2 " = 1 ' - 0 " ( O N 2 4 x 3 6 S H E E T ) PR O P O S E D R E A R E L E V A T I O N RUSSELL R ROSA 18039 8/12/2022VIII-06 C I T Y S U B M I T T A L N O T F O R C O N S T R U C T I O N DRAWN BY:CHECKED BY:REVISIONS:PROJECT #:c COPYRIGHT 2022DATE:RR ROSA ARCHITECTURAL GROUPSHEET1084 Sterling Street St. Paul, MN 55119 tel: 651-739-7988 fax: 651-739-3165RosaArchitecturalGroupInc.PREPARED BY ME OR UNDER MY DIRECT SPECIFICATION, OR REPORT WASI HEREBY CERTIFY THAT THIS PLAN,SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWS OF THE STATE OF MINNESOTA.REG. NO.SIGNED:PRINT NAME:DATE:PREPARED BY ME OR UNDER MY DIRECTSPECIFICATION, OR REPORT WASI HEREBY CERTIFY THAT THIS PLAN,SUPERVISION AND THAT I AM A DULY LICENSED ARCHITECT UNDER THE LAWS OF THE STATE OF MINNESOTA.REG. NO.SIGNED:PRINT NAME:DATE:JL PROPOSED P-1COLORSuite Living PERSPECTIVES P- 11 NO T T O S C A L E PE R S P E C T I V E E L E V A T I O N F R O M N O R T H RUSSELL R ROSA 18039 P- 12 NO T T O S C A L E PE R S P E C T I V E E L E V A T I O N F R O M S O U T H W E S T 33rd St. W & HWY 61 Hastings, MN 55033 22227 AUG. 12, 2022of Hastings 8/12/2022VIII-06 VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: September 19, 2022 Item: Revised Joint Powers Agreement: Shared Solid Waste & Recycling Coordinator Position Council Action Requested: Approve the attached Revised Joint Powers Agreement for a shared Solid Waste & Recycling Coordinator position between the cities of Hastings, Rosemount, and Farmington. Background Information: On April 4, 2022, City Council approved a JPA for this shared position. Since that time, it has become apparent that the most effective process for the Community Waste Abatement Grant is to have the Recycling Coordinator submit one (1) grant on behalf of all three (3) cities. The previous JPA required three (3) separate grants, which are time consuming documents. This is the only substantive change to the JPA. This Revised JPA supersedes and repeals all prior agreements. Attorneys from Hastings, Rosemount, and Farmington have all reviewed and approved the content of this JPA. Staff recommend approval of the attached Revised Joint Powers Agreement. Financial Impact: No alteration to the prior financial commitment for Hastings. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Revised Joint Powers Agreement VIII-07 Page 1 of 6 JOINT POWERS AGREEMENT TO PROVIDE RECYCLING SERVICES AGREEMENT made this ______ day of _______________ 2022 by and among the Cities of ROSEMOUNT, HASTINGS, and FARMINGTON (hereinafter individually referred to as the “City” and collectively referred to as the “Cities”). 1. AUTHORITY. This Agreement is entered into pursuant to Minnesota Statute § 471.59. 2. PURPOSE. The purpose of this Agreement is to provide recycling services for the Cities to fulfill responsibilities pursuant to a waste abatement program implemented by Dakota County (“Dakota County” or “County”). 3. WASTE ABATEMENT PROGRAM SERVICE. The City of Rosemount shall implement a waste abatement program (“Program”) as described in the Dakota County Community Waste Abatement Grant Application (“Application”) for itself and the cities of Farmington and Hastings. If either the City of Hastings or the City of Farmington desire additional waste abatement services outside of those described in the Application, the City desiring the additional service(s) may enter into a separate agreement with Rosemount for those services and pay for those services with funds other than those awarded pursuant to the County’s waste abatement grant. 4. FINANCE. A. The City of Rosemount shall act as the fiscal agent for the Cities and shall maintain a separate fund for the purpose of operating the Program. The City of Rosemount is authorized to pay Program expenses and receive reimbursements. B. For each calendar year of the Program, the City of Rosemount, following review and consultation with the other Cities in August and September of that year, shall submit an application on behalf of the three Cities for a Dakota County Community Waste Abatement Grant. C. The City of Rosemount shall submit a reimbursement request that complies with the Dakota County Community Waste Abatement Grant Program Guidelines and Application. D. The City of Rosemount shall purchase equipment and supplies for the Program through procedures that, in Rosemount’s discretion, are most beneficial to the Program. Contracts let and purchases made shall conform to statutory requirements applicable to the Cities. 5. CONTRIBUTIONS OF FACILITIES AND FUNDS BY CITIES. A. Each City shall determine which of its resources will be available to the Program, including specifically any facilities, equipment, funds, or personnel to be made available for Program activities. Each City will use reasonable efforts to provide a workspace with appropriate office supplies and equipment to allow a Solid Waste and Recycling Coordinator to fulfill the requirements of the Program. If a City chooses to have the coordinator spend office time at their facility, that City will provide a workspace with VIII-07 Page 2 of 6 appropriate office supplies and equipment to allow the Solid Waste and Recycling Coordinator to fulfill the requirements of the Program. B. The Cities anticipate that the Program will be fully funded by Dakota County with some City in-kind waste diversion activity or funding by each City as a percentage match determined by the County to the County’s funding. The Cities will attempt to operate within the funding provided by Dakota County, but it is feasible that the costs to operate the Program could potentially be higher than the funding provided. In the case of a funding shortage, Cities shall make up the funding deficit in the below manner for each situation described: 1) If costs are higher than funding: Rosemount shall alert the Cities as soon as it is aware that the potential exists for a funding shortage and shall attempt to make modifications to the services that still meet the requirements of the Program to offset the shortage prior to the shortage occurring. If measures cannot be taken to address the shortage, the shortage shall be made up by the Cities according to the grant funding percentage paid to or on behalf of each City in relation to the total grant funding received by the Cities (as determined by the County’s grant funding allocation model). 2) If a City does not provide its in-kind waste diversion or funding or inaccurately report it to Rosemount by required deadlines in accordance with County requirements, then that City shall be responsible for any funding shortage associated with its lack of reporting or failure to provide its in-kind waste diversion or funding. C. The Solid Waste and Recycling Coordinator in charge of the Program will be housed in the Rosemount Community Center. The Parks Supervisor will supervise the Solid Waste and Recycling Coordinator with input from designated supervisory contacts in Farmington and Hastings. 6. PERSONNEL. The City of Rosemount shall establish standards and qualifications for its personnel. Rosemount’s Recycling Services personnel shall be deemed employees of the City of Rosemount, not of the other member Cities. Rosemount personnel shall be responsible for carrying out the Program and the terms and conditions of the Application and any resulting grant. 7. INSURANCE AND INDEMNIFACTION. A. General Liability Insurance. Each individual City agrees to maintain in force comprehensive general liability insurance equal to or greater than the maximum liability for tort claims under Minn. Stat. § 466.04. Each City shall maintain public liability insurance coverage on the Public Resources made available for the Program. If any City is notified that its insurance is cancelled, it will immediately notify the other Cities in writing. If any City is unable to obtain or keep in force at least the minimum coverage required by this paragraph, any City may withdraw from this Agreement after giving the other member Cities as least thirty (30) days written notice of its intent to withdraw. B. Workers’ Compensation Insurance. Each City shall be responsible for injuries to or death of its own employees. Each City shall maintain workers’ compensation coverage or self- VIII-07 Page 3 of 6 insurance coverage, covering its own employees while they are providing services pursuant to this Agreement. Each City waives the right to sue any other City for any workers’ compensation benefits paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other City or its officers, employees, or agents. C. Indemnification. The Cities shall agree to indemnify and hold harmless each other and each other’s respective employees, trustees, directors, officers, subcontractors, agents, or other members of its workforce, each of the foregoing referred to as “indemnified party,” and all liability to third parties arising from or in connection with any breach of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents, or other members of its workforce in connection with the indemnifying party’s performance under this Agreement. Accordingly, on demand, the indemnifying party agrees to reimburse the indemnified party for any and all actual and direct losses, liabilities, lost profits, fines, penalties, costs, or expenses (including reasonable attorney’s fees) which may for any reason be imposed upon any indemnified party by reason of any suit, claim, action, proceeding, or demand by any third party that results from the indemnifying party’s breach of any provision of this Agreement or from any negligence or wrongful acts or omissions by the indemnifying party or its employees, trustees, directors, officers, subcontractors, agents, or other members of its workforce in connection with the indemnifying party’s performance under this Agreement. The Cities agree that liability under this Agreement is controlled by Minnesota Statute § 471.59, subdivision 1a, and that the total liability for the participating cities hall not exceed the limits on governmental liability for a single entity of government as specified in Minnesota Statute § 466.04, subdivision 1. 8. DURATION. A. Any City may withdraw from this agreement on December 31 of any year. Written notice of termination must be given to the other Cities as least ninety (90) days prior thereto. B. Upon a City’s withdrawal from the Agreement or termination of the Agreement, any resources will be promptly returned to the City that provided a resource to the Program. C. In the event of a written notification to withdraw, the remaining Cities shall meet to consider modifying the Agreement to continue without the withdrawing City or to terminate. 9. ENTIRE AGREEMENT; AMENDMENTS. This Agreement is the entire agreement between the parties and supersedes and repeals all prior agreements among the Cities related to the recycling service. Any amendments to this Agreement must be in writing and executed by both parties. VIII-07 Page 4 of 6 10. GOVERNING LAW. This Agreement will be governed by the laws of the State of Minnesota. 11. SEVERABILITY. Should any part of this Agreement be deemed illegal or non-binding by a court of law, the remainder of the Agreement shall remain in effect. 12. EXECUTION IN COUNTERPARTS. This Agreement may be executed in counterparts by the parties. 13. NOTICES. Any notices required under this Agreement must be personally delivered or mailed to: Dan Schultz, City of Rosemount Parks & Recreation Director 13885 South Robert Trail Rosemount, MN 55068 dan.schultz@rosemountmn.gov 651-322-6012 Chris Jenkins, City of Hastings Parks & Recreation Director 920 West 10th Street Hastings, MN 55033 cjenkins@hastingsmn.gov 651-480-6176 Lynn Gorski, City of Farmington City Administrator 430 Third St. Farmington, MN 55024 lgorski@farmingtonmn.gov 651-280-6801 IN WITNESS WHEREOF, the Cities hereto have caused this Agreement to be executed by their respective duly authorized officers. Dated: __________________________ CITY OF FARMINGTON BY: ________________________________________ Its Mayor AND: _______________________________________ Its City Clerk VIII-07 Page 5 of 6 Dated: __________________________ CITY OF HASTINGS BY: ________________________________________ Its Mayor AND: _______________________________________ Its City Clerk VIII-07 Page 6 of 6 Dated: __________________________ CITY OF ROSEMOUNT BY: ________________________________________ Its Mayor AND: _______________________________________ Its City Clerk VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 19, 2022 Item: Interim Ordinance on Cannabis and Cannabinoids Council Action Requested: Second Reading and Adoption of Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution Background Information: At the end of the 2022 Legislative Session, the state passed new laws surrounding the sale of cannabis/cannabinoid products, which went into effect July 1. The new law limits the sale of intoxicating CBD products to individuals age 21 and older and implements regulations regarding the packaging of edible CDB products. However, the new law has resulted in questions about local regulatory authority, law enforcement, and taxing. On August 1, the City Council referred the subject to the Public Safety Advisory Commission. PSAC met August 18 and recommended a twelve-month interim ordinance to allow time for adequate study. The Public Safety Committee of City Council met September 1. They discussed concerns about public safety, community impact, and supporting local business; they recommended a six-month interim ordinance. The ordinance can be shortened or extended depending on progress of the study. Financial Impact: Not applicable Committee Discussion: • Public Safety Advisory Commission meeting 8/18/2022 • Public Safety Committee meeting 9/1/2022 Attachment: • Interim Ordinance Prohibiting the Establishment of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution VIII-08 ORD. NO. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA 2ND READING OF AN INTERIM ORDINANCE PROHIBITING THE ESTABLISHMENT OF NEW USES OR THE EXPANSION OF EXISTING USES RELATED TO CANNABIS AND INTOXICATING CANNABINOIDS (CBD) SALES, TESTING, MANUFACTURING OR DISTRIBUTION WHEREAS, pursuant to Minnesota Statutes, Section 462.355 subdivision 4, many cities have adopted interim ordinances in order to study the impacts of certain uses and determine whether regulations are appropriate for the purpose of protecting the public health, safety and welfare of their citizens; and WHEREAS, the City is undertaking a study to consider possible changes to the Zoning Ordinance and City Code that would address the types of uses that involve the sales, testing, manufacturing and distribution of cannabis and products that contain intoxicating cannabinoids (CBD) whether for medical, recreational or for other human or animal consumption purposes and may implement many of the suggestions from the study. The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. No business, person or entity may establish a new use or expand an existing use that includes or involves the sales, testing, manufacturing, or distribution of cannabis in any way, whether medical or recreational, or any products that contain intoxicating cannabinoids extracted from hemp (CBD) in any form, for a period of up to six (6) months from the effective date of this ordinance or until ordinances regulating such uses become effective or until the Council rescinds this Interim Ordinance, whichever occurs first. SECTION 2. City Staff is directed to conduct a study to gather information and make a recommendation to the Council to determine if the Zoning Ordinance and City Code need to be amended regarding these types of uses to better protect the citizens of Hastings, and if so, what regulations are appropriate. SECTION 3. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance: The City will be undergoing a study regarding CBD and cannabis uses to determine if regulations surrounding zoning and licensing are appropriate. No new use may be established, and no existing use may be expanded until the City adopts regulations regarding these uses, or determines no regulations are necessary and rescinds the interim ordinance or for a period of six months, whichever occurs first. VIII-08 SECTION 4. EFFECTIVE DATE AND EXPIRATION DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law and shall expire upon adoption of ordinances regulating such uses, until the Council rescinds or terminates the Interim Ordinance or six (6) months from its effective date, whichever occurs first. Adopted by the Hastings City Council on_____, 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 19, 2022 Item: Building Inspection Staffing Council Action Requested: Approve regular employment status for Building Inspector, effective September 26, 2022. Background Information: Hastings is experiencing a boom in construction, and this is expected to continue into the foreseeable future. Adequate staffing is needed for our Building Safety Department’s capacity to process permits. On April 4, 2022, the City Council approved a budget amendment to hire an additional Building Inspector on a temporary basis May through October. I recommend changing this from temporary to “regular” status, as had been anticipated with the budget amendment. This would continue the position through the end of the year, and it is included in the approved preliminary budget for 2023. Regular status is eligible for City benefits. Financial Impact: Within the April 4 budget amendment for 2022, and the position is included in the preliminary budget for 2023. Committee Discussion: Not applicable Attachment: Not applicable VIII-09 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: September 19, 2022 Item: Contract Award for the Downtown Tree Grate Replacement Project COUNCIL ACTION REQUESTED Council is requested to adopt the attached resolution to award a contract for the Downtown Tree Grate Replacement Project. BACKGROUND INFORMATION The City received three (3) bids for this project on August 30, 2022. A summary of the bids is listed below. Bidder Total Base Bid JL Theis, Inc. $161,323.00 Pember Companies, Inc. $165,019.00 Urban Companies $227,825.00 The low bid from JL Theis, Inc. came in 13.6% over the engineer’s estimate, which was $141,985.00. The current tree grate settlements along the Downtown sidewalk system have resulted in trip hazards. These hazards have caused incidents for pedestrians and need to be mitigated. We have warning tape along the hazards as a transitional step to the corrections. The Operations Committee supported this project at their meeting on May 3, 2022. JL Theis, Inc. intends to begin the work in early spring 2023 to concentrate work forces and complete the project in a condensed time frame. Final completion in the contract is June 1, 2023. STAFF RECOMMENDATION Staff is recommending that the City Council move forward in adopting the attached resolution awarding the contract to JL Theis, Inc., in the total base bid amount of $161,323.00. ATTACHMENTS  Resolution Receiving Bids and Awarding Project  Award Recommendation Letter from Bolton & Menk IX-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE DOWNTOWN TREE GRATE REPLACEMENT PROJECT WHEREAS, pursuant to an advertisement for bids for the Downtown Tree Grate Replacement Project, bids were opened on August 30, 2022 and tabulated according to law, and the following bids were received: Bidder Total Base Bid JL Theis, Inc. $161,323.00 Pember Companies, Inc. $165,019.00 Urban Companies $227,825.00 and WHEREAS, it appears that JL Theis, Inc. is the lowest responsible bidder. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The Mayor and Clerk are hereby authorized and directed to enter into a contract with JL Theis, Inc. 2. The total amount of the contract is hereby declared to be $161,323.00. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 19th DAY OF SEPTEMBER, 2022. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL IX-01 H:\HAST\T18107423\1_Corres\2022 Tree Grates\20220830 JL Theis Project References\_Award Recommendation Letter.docx September 2, 2022 Honorable Mayor and City Council City of Hastings 101 4th Street East Hastings, MN 55033 RE: Downtown Tree Grate Replacement Project City of Hastings, Minnesota BMI Project No.: 0PP.P02677 Dear Mayor and Council Members, Bids on the above-referenced project were opened on Tuesday, August 30, 2022. There were three bidders for the project; a detailed bid abstract is enclosed. The low bidder on the project is JL Theis, Inc. with a bid of $161,323.00. JL Theis provided references who indicated they have previous experience on projects of similar scope and have performed well in completing said projects. Based on JL Theis’ experience, acceptable bid prices, and the competitive bids the City received, we recommend the City of Hastings award the project to JL Theis, Inc. If you have any questions regarding this award recommendation, please contact me at your convenience. Sincerely, Bolton & Menk, Inc. Brian Hilgardner, PE Principal Engineer Enclosures: Bid Abstract cc: John Caven, City of Hastings, Assistant City Engineer IX-01 ABSTRACT City of Hastings Downtown Tree Grate Replacement Project Owner: Hastings MN, City of Solicitor: Bolton & Menk, Inc. - Mankato, MN BMI No. 0PP.P02677 (#8271551) 08/30/2022 10:00 AM CDT Section TitleLine Item Item Code Item Description UofM Quantity Unit Price Extension Unit Price Extension Unit Price Extension Unit Price Extension 1 2021.501 MOBILIZATION LUMP SUM 1 $10,000.00 $10,000.00 $11,688.00 $11,688.00 $17,950.00 $17,950.00 $10,000.00 $10,000.00 2 2104.503 SAWING CONCRETE PAVEMENT (FULL DEPTH) LIN FT 200 $6.75 $1,350.00 $8.00 $1,600.00 $6.00 $1,200.00 $10.00 $2,000.00 3 2104.518 REMOVE CONCRETE WALK SQ FT 2230 $6.25 $13,937.50 $5.00 $11,150.00 $5.65 $12,599.50 $5.00 $11,150.00 4 2106.507 EXCAVATION - COMMON CU YD 75 $28.75 $2,156.25 $65.00 $4,875.00 $125.00 $9,375.00 $200.00 $15,000.00 5 2112.604 SUBGRADE PREPARATION SQ YD 295 $2.25 $663.75 $5.00 $1,475.00 $9.00 $2,655.00 $5.00 $1,475.00 6 2211.507 AGGREGATE BASE CLASS 5 CU YD 43 $57.50 $2,472.50 $75.00 $3,225.00 $125.00 $5,375.00 $125.00 $5,375.00 7 2521.518 4" CONCRETE WALK SPECIAL SQ FT 1525 $20.50 $31,262.50 $22.00 $33,550.00 $17.35 $26,458.75 $26.00 $39,650.00 8 2521.518 12" CONCRETE WALK SPECIAL SQ FT 705 $32.50 $22,912.50 $28.00 $19,740.00 $39.15 $27,600.75 $85.00 $59,925.00 9 2540.602 SALVAGE & REINSTALL SITE FURNISHINGS EACH 11 $475.00 $5,225.00 $650.00 $7,150.00 $530.00 $5,830.00 $1,000.00 $11,000.00 10 2545.602 SALVAGE & REINSTALL GFCI RECEPTACLE PEDESTAL EACH 23 $475.00 $10,925.00 $800.00 $18,400.00 $740.00 $17,020.00 $850.00 $19,550.00 11 2563.601 TRAFFIC CONTROL LUMP SUM 1 $5,750.00 $5,750.00 $7,900.00 $7,900.00 $8,100.00 $8,100.00 $10,000.00 $10,000.00 12 2564.602 SALVAGE & REINSTALL SIGN EACH 3 $575.00 $1,725.00 $565.00 $1,695.00 $495.00 $1,485.00 $700.00 $2,100.00 13 2571.602 TREE GRATE FRAME EACH 23 $950.00 $21,850.00 $750.00 $17,250.00 $715.00 $16,445.00 $1,000.00 $23,000.00 14 2571.602 SALVAGE & REINSTALL TREE GRATE EACH 23 $350.00 $8,050.00 $750.00 $17,250.00 $225.00 $5,175.00 $500.00 $11,500.00 15 2573.601 TEMPORARY EROSION CONTROL LUMP SUM 1 $1,750.00 $1,750.00 $3,000.00 $3,000.00 $2,750.00 $2,750.00 $3,000.00 $3,000.00 16 2574.507 BOULEVARD TOPSOIL BORROW CU YD 13 $115.00 $1,495.00 $75.00 $975.00 $200.00 $2,600.00 $200.00 $2,600.00 17 2575.507 MULCH MATERIAL TYPE 6 CU YD 4 $115.00 $460.00 $100.00 $400.00 $600.00 $2,400.00 $125.00 $500.00 Base Bid Total:$141,985.00 $161,323.00 $165,019.00 $227,825.00 Engineer Estimate JL Theis, Inc. Pember Companies, Inc. Urban Companies 1 2 3 IX-01 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: September 19, 2022 Item: Resolution: Motor Coach Commerce Facility - Hastings Commons LLC (24xx Vermillion St) Council Action Requested: Consider the following actions related to the approval of an Interim Use Permit (IUP) for the operation of a 12 unit Motor Coach Commerce Facility as proposed by Hastings Commons LLC. The 1.13 acre site is generally located east of 25th and Vermillion Streets, between Vermillion and the Coratel Inn and Suites (former Super 8). 1) Adopt Resolution granting 2022 IUP2)Approve Termination of 2021 IUP and 2021 IUP Agreement; Approve 2022 IUP Agreement All actions require a simple majority of City Council. Background Information: A similar application for an IUP by the applicant on the subject property was reviewed by the Planning Commission on May 10, 2021 (minutes attached) and approved by the City Council on May 17, 2021. The 2021 IUP established a September 1, 2022 deadline for construction completion which did not occur, requiring submittal of a new IUP application. Site Plan approval for construction of the facility remains valid and is not part of this application. Advisory Commission Discussion: The Planning Commission voted 3-2 (Teiken and Messina nay) to recommend approval of the IUP at the September 12th meeting. During the Public Hearing Danielle Hoffman spoke representing the applicant and provided background on activities over the last year. Champak Bhakta of the adjacent Coratel Inn opposed the project citing negative effects to visibility of his hotel. Dan Mattimiro cited traffic concerns, landscaping and site design. Commissioners discussed the effect of the Highway 61 reconstruction on ingress and egress of large vehicles, and delays in construction since the original permit. Messina cited the delay in construction. Teiken stated his vote was consistent with his original nay vote on the past application. Council Committee Discussion: N\A X-C-01(a & b) Attachments: • Resolution: Interim Use Permit - Motor Coach Commerce Facility • Interim Use Permit Agreement • Planning Commission Staff Memo - September 12, 2022 X-C-01(a & b) HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING APPROVAL OF AN INTERIM USE PERMIT TO OPERATE A MOTOR COACH COMMERCE FACILITY. Council member ___________________________ introduced the following Resolution and moved its adoption: Hastings Commons LLC has petitioned for an Interim Use Permit approval to operate a 12 unit motor coach commerce facility on property generally located on the east side of Vermillion Street near 25th Street and legally described as legally described as Lots 2 and 3, Block 1, DAKOTA MOTEL 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, on September 12, 2022, a public hearing and review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request subject to the conditions hereunder; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Interim Use Permit as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated September 19, 2022. 2. Execution of an agreement between the Applicant and City memorializing the terms and conditions of Settlement Agreement between the City and Hastings Commons, LLC and Summit Management, LLC as identified on Exhibit A X-C-01(a & b) including No. 4 Interim Use Permit and Exhibit E of the Settlement Agreement - Rules of Operation - Motor Coach Commerce Facility. Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on September 19, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of September 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-01(a & b) EXHIBIT A - INTERIM USE PERMIT - SETTLEMENT AGREEMENT X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) 1 INTERIM USE PERMIT AGREEMENT BETWEEN THE CITY OF HASTINGS AND HASTINGS COMMONS, LLC FOR A MOTOR COACH COMMERCE FACILITY THIS INTERIM USE PERMIT AGREEMENT (“Agreement”) is made this day of , 2022 by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Hastings Commons, LLC, a Minnesota limited liability company (“Owner”). WHEREAS, on May 17, 2021 the City adopted Resolution No. 05-13-21, which granted approval of an Interim Use Permit (“2021 IUP”) for the Owner to operate a Motor Coach Commerce Facility at certain real property legally described on Exhibit A (“Property”); and WHEREAS, pursuant to that approval, the Owner entered into an Interim Use Permit Agreement that identified certain terms and conditions for the Motor Coach Commerce Facility, recorded on October 21, 2021 as Document Number 3499984 in the Office of the Dakota County Recorder; and WHEREAS, one of the conditions required that the Owner complete construction by September 1, 2022 or the 2021 IUP would be null and void and of no further force or effect; and WHEREAS, Owner did not complete construction by September 1, 2022, therefore the 2021 IUP is null and void and of no further force or effect; and WHEREAS, Owner applied for a new IUP for the same use as a Motor Coach Commerce Facility using the same Site Plan dated May 17, 2021, which was considered by the Planning Commission on September 12, 2022 and recommended to the City Council for approval; and X-C-01(a & b) 2 WHEREAS, on September 19, 2022 the City adopted Resolution No. , attached hereto as Exhibit B, which granted approval of an Interim Use Permit (“IUP”) for the Owner to operate a Motor Coach Commerce Facility at the Property; and WHEREAS, one of the conditions of approval was that the Owner must enter into an agreement with the City containing specific terms and conditions for the IUP that are articulated in a Settlement Agreement dated January 19, 2021 (“Settlement Agreement”). NOW THEREFORE, the parties hereby agree as follows: ARTICLE I UNIT TYPES, LOCATION AND DURATION A. Unit Types. The Owner shall only allow the types of units described in Section 4.a. of the Settlement Agreement to be used on the Property. B. Location and Duration of Types of Units. The Owner shall comply with the site location for specific types of units and the duration of the consecutive days which those units may occupy the site location, as described in Section 4.b. of the Settlement Agreement. ARTICLE II TERM OF IUP A. Initial Term. The Initial Term of the IUP shall commence on November 1, 2022. The Initial Term of the IUP shall be for a period of 10 years. B. Renewal Term. Provided the IUP is in effect at the end of the Initial Term, the Owner shall have a right to renew the IUP for an additional 10 years, provided there is no violation of any the material terms and conditions of the IUP, and Owner has corrected any existing violations. In order to renew the IUP, the Owner must file a renewal application on a form provided by the City at least 60 days before the end of the Initial Term and provide information reasonably requested by the City. Upon receipt of a renewal application the City shall schedule a hearing on the renewal before the City Council. Notwithstanding any contrary provision in the Zoning Ordinances or state statute, the permit term of the IUP shall not terminate as a result of any change in zoning regulations, including any zoning changes or amendments to the section governing the IUP that is the subject of this IUP. It is agreed and acknowledged that the Owner may make application to use the Property consistent with City Ordinances then in effect. C. Completion of Construction. The Owner shall complete construction of the facilities needed for the IUP no later than September 1, 2023. If construction is not completed by September 1, 2023, the IUP shall be null and void and of no further force or effect. X-C-01(a & b) 3 ARTICLE III VIOLATIONS A. Notice and Opportunity to Cure. Should the City contend that there has been a violation of the terms and conditions of the IUP at any time, the City shall give the Owner 30 days’ written notice of the alleged violation and an opportunity to cure. B. Revocation without a Hearing. The City may revoke the IUP if the Owner fails to comply with the material terms and conditions of the IUP upon 30 days’ written notice and failure to cure the alleged violation within the 30-day notice period and failure to timely demand a hearing before the City Council. Failure to timely demand a hearing shall be considered a waiver by the Owner of any right to a hearing and the City Council may order the revocation without a hearing. C. Right to Demand a Hearing. The Owner shall be entitled to a hearing before the City Council if the Owner demands the same within 30 days of the issuance of the written notice of revocation. Provided, however, that within the 30-day notice period the Owner may correct the violation and provide evidence of the correction to the City. The Owner may present evidence of the correction of the alleged violation that the Owner has undertaken within 30 days at the hearing before the City Council, if a hearing is requested. The Owner shall have the right to appeal a revocation to district court or any other appropriate reviewing body. ARTICLE IV EXPIRATION OR REVOCATION OF IUP If the IUP expires, is revoked, or is otherwise terminated, the Owner shall cease operations related to the IUP and all motor coaches and travel trailers shall be removed the Property upon completion of the City hearing process as described herein subject to stays that may be imposed. The Owner shall require that customers vacate within 7 days of the expiration, revocation or other termination of the IUP and that all trailers, coaches and personal property must be removed within 7 days. Any use of the Property after the expiration, revocation, or other termination shall conform to the then-current zoning, land use and other regulations of the City and the Owner shall not have any non- conforming use rights based on prior use of the Property. ARTICLE V OTHER TERMS AND CONDITIONS A. Rules of Operation. The Owner agrees to comply with the Rules of Operation for conducting the use, as contained in Exhibit E to the Settlement Agreement. B. On-Site Manager. The Owner agrees to comply with the terms and conditions of having an on-site manager, as outlined in Section 4.g. to the Settlement Agreement. C. Site Plan. The Owner agrees to construct the site as approved by the City Council in the Site Plan on May 17, 2021. X-C-01(a & b) 4 D. Termination of 2021 IUP. The Interim Use Permit Agreement, recorded as at the Office of the County Recorder as Document Number 3499984 is hereby terminated, rescinded an of no further force and effect. ARTICLE VI GENERAL PROVISIONS A. Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to the Owner: Hastings Commons, LLC Attn: Mark Lambert 6770 Stillwater Blvd., Suite 110 Stillwater, MN 55082 Email: mlambert@summitre.net B. Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. C. Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. D. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. E. Amendments, Changes and Modifications. This Agreement may be amended or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. F. Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. X-C-01(a & b) 5 G. Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. Recording. This Agreement shall be recorded against the Property. [remainder of page intentionally left blank] X-C-01(a & b) 6 IN WITNESS WHEREOF, the parties have executed this Agreement. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public X-C-01(a & b) 7 OWNER: HASTINGS COMMONS, LLC By: Mark Lambert Its: STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2022 by Mark Lambert, the ________________ of Hastings Commons, LLC, a Minnesota limited liability company, on behalf of said limited liability company. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Dr. #300 Eagan, MN 55121 (651) 451-1831 X-C-01(a & b) A-1 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY Real property in Dakota County, Minnesota, legally described as follows: Lots 2 and 3, Block 1, Dakota Motel 2nd Addition, Dakota County, Minnesota. PIDs: 19-19551-01-020 and 19-19551-01-030 Abstract Property X-C-01(a & b) B-1 EXHIBIT B RESOLUTION HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING APPROVAL OF AN INTERIM USE PERMIT TO OPERATE A MOTOR COACH COMMERCE FACILITY. Council member ___________________________ introduced the following Resolution and moved its adoption: Hastings Commons LLC has petitioned for an Interim Use Permit approval to operate a 12 unit motor coach commerce facility on property generally located on the east side of Vermillion Street near 25th Street and legally described as legally described as Lots 2 and 3, Block 1, DAKOTA MOTEL 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, on September 12, 2022, a public hearing and review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request subject to the conditions hereunder; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Interim Use Permit as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated September 19, 2022. 2. Execution of an agreement between the Applicant and City memorializing the terms and conditions of Settlement Agreement between the City and Hastings Commons, LLC and Summit Management, LLC as identified on Exhibit A including No. 4 Interim Use Permit and Exhibit E of the Settlement Agreement - Rules of Operation - Motor Coach Commerce Facility. X-C-01(a & b) B-2 Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on September 19, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of September 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-01(a & b) To: Planning Commissioners From: John Hinzman, Community Development Director Date: September 12, 2022 Item: Hastings Commons LLC - Interim Use Permit #2022-51 - Motor Coach Commerce Facility - 24xx Vermillion Street Planning Commission Action Requested Review the following request for development of a 12 unit Motor Coach Commerce Facility as proposed by Hastings Commons LLC. The 1.13 acre site is generally located east of 25th and Vermillion Streets, between Vermillion and the Coratel Inn and Suites (former Super 8): 1) Interim Use Permit (IUP) for the operation of a Motor Coach Commerce Facility BACKGROUND INFORMATION Previous Approval A similar application for an IUP by the applicant on the subject property was reviewed by the Planning Commission on May 10, 2021 (minutes attached) and approved by the City Council on May 17, 2021. The 2021 IUP established a September 1, 2022 deadline for construction completion which did not occur, requiring submittal of a new IUP application. Site Plan approval for construction of the facility remains valid and is not part of this application. Comprehensive Plan The property is guided C - Commercial within the 2040 Comprehensive Plan. The proposed use is consistent with the Comprehensive Plan. Zoning The property is zoned C-2 - Highway Auto Sales and Service. Motor Coach Commerce Facilities are allowed through issuance of an Interim Use Permit. Existing Condition The site contains two parcels and is relatively flat and treeless. Two parking lot drive ways providing access to the adjacent hotel bisect the property. Planning Commission Memorandum X-C-01(a & b) Proposed Condition Construction of a 12 pad Motor Coach Commerce Facility including a small (100 s.f.) detailing and commerce center, dump station, and water fill. All utilities would be private. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Hastings Car Wash Commercial C-2 East Coratel Inn Commercial C-2 South Hastings Terrace Mobile Home Park Commercial C-2 West Vermillion Street Nichols Inn, Subway, Old Mill Pawn Commercial C-3 History The applicant and City executed a Settlement Agreement pertaining to a lawsuit filed by the applicant for the proposed Motor Coach Commerce Facility use. The applicant agreed to certain conditions for the use and operation of the facility and City agreed to amend the City Code to allow consideration of the use through issuance of an Interim Use Permit. Interim Use Permit Interim Uses are non-permanent uses that are allowed for a limited period of time. Specific Interim Uses are identified within certain Zoning Districts. Review and approval are conducted before the Planning Commission and City Council, respectively. Certain conditions of operations are established and the City and memorialized within a written agreement executed by both the applicant and City. Public Hearing Notification Notice of the public hearing was mailed to all property owners within 350 feet of the property. No comments have been received at this time. INTERIM USE PERMIT REVIEW Ordinance Requirements City Code Chapter 155.29, Subd. D(1) allows Motor Coach Commerce Facilities through issuance of an Interim Use Permit Interim Use Permit (IUP) Review City Code Chapter 30.02, Subd. E.3 – Board of Adjustment and Appeals - Interim Use Permits outlines specific rules and review criteria for the issuance of SUPs, including: X-C-01(a & b) • Zoning Conformance – IUP’s for Motor Coach Commerce facilities are allowed in the C-2 District. Additional zoning conformance will be included as part of Site Plan review. • Temporary Use – The IUP would be issued for an initial period of 10 years. The applicant may apply for an additional 10 at the conclusion of the original IUP. • Additional Costs Upon Future Taking – Limited building construction would take place upon the property. The City is not aware of any plans for future taking of the property. • Applicant Agreement to Conditions – A written agreement would be executed between the City and Applicant to memorialize conditions consistent with the Lawsuit Settlement Agreement. • Adherence to Interim and Special Use Permit Standards – Specific conformance to Special Use and Interim Use provisions is further documented below. • Ingress and Egress\Off-Street Parking and Loading – The site will utilize two existing private driveways providing access to Vermillion Street and the Coratel Inn. Private drives will provide access to specific pad rental sites. Each rental site will provide for off street parking for those renting the site. • Refuse and Service Areas – Refuse areas must provide for the screening of trash and refuse. • Utilities – Utility access and availability is satisfactory. All interior site connections will be private. • Screening and Buffering – Fencing and landscaping will be installed along Vermillion Street to screen and buffer the site from the roadway. • Signs and Exterior Lighting – Any signage will be approved via an administrative permit at a later date. Lighting adheres to maximum illumination requirements. • Required Yard and Open Space – Yard and open spaces areas are acceptable, there are not prescribed setbacks in the C-2 Zoning District. • General Compatibility with Adjacent Properties and the Surrounding Area – All adjacent properties are zoned commercial. Interim Use Permit Conditions of Approval As part of the Legal Settlement Agreement the City and Applicant agreed to certain terms of approval and rules of operation for an IUP. The specific settlement conditions are attached and include the following: • Type and Age - Type A Motor Homes and Travel Trailers only with an overall length of no less than 20 feet and no more than 15 years old. • Vermillion Street Sites - The four sites fronting Vermillion Street shall be occupied by Motor Coaches only. Occupancy limited to more than 30 days in a 90 day period. • Non-Vermillion Street Sites - Remaining eight sites may be used by Motor Coaches or Travel Trailers. Occupancy limited to no more than 120 days in a 180 day period. Any time period a Motor Coach occupies one or more of the four sites along Vermillion Street shall be counted against the allowed time the Motor Coach can occupy the remaining eight sites. • Term of IUP - 10 years with the right to renew for an additional 10 years. X-C-01(a & b) • Deadline for Construction - Construction of the Facility shall be completed by September 1, 2022. This will need to be modified • Commencement of IUP - November 1, 2022 or upon completion of construction, whichever is earlier. This will need to be modified • Violations - Applicant given 30 days upon written notice to cure any alleged violations of the IUP. City may revoke IUP if applicant fails to comply with the material terms and conditions within 30 days of receipt of the written notice. Applicants may request a hearing before City Council. • Expiration or Revocation of IUP - Applicants must cease operation and remove all Motor Coaches and Travel Trailers within seven days. Future uses must conform to current zoning requirements. • Non-Conforming Rights - Applicant shall not have any non-conforming use rights based on prior use of the property. • Rules of Operation - Operation of the Facility shall conform to the Rules of Operation attached in Exhibit A. Rules shall be provided in writing to each customer. • On-Site Manager - The Facility shall be managed by an on-site manager who shall enforce rules and restrictions of the IUP. • Site Plan - Applicant shall provide a Site Plan; operation and maintenance shall conform to the Site Plan. Recommendation Approval of the Interim Use Permit for operation of a Motor Coach Commerce Facility is recommended subject to the following condition: 1. Execution of an agreement between the Applicant and City memorializing the terms and conditions of Settlement Agreement between the City and Hastings Commons, LLC and Summit Management, LLC as identified on Exhibit A including No. 4 Interim Use Permit and Exhibit E of the Settlement Agreement - Rules of Operation - Motor Coach Commerce Facility. ATTACHMENTS • Site Location Map • Settlement Agreement Terms • Minutes - Planning Commission - May 10, 2021 • Application X-C-01(a & b) LOCATION MAP X-C-01(a & b) Hastings Planning Commission May 10, 2021 - Regular Meeting Agenda The Hastings Planning Commission of the City of Hastings, Minnesota met in a regular meeting on Monday, May 10, 2021 at 7:00 p.m. via Zoom video conference. 1. Call Meeting to Order Planning Commissioners Present: Best, Halberg, Matzke, Messina, Peters, Romens and Teiken Staff Present: Community Development Director John Hinzman 2. Approval of Minutes The minutes were approved as presented. PUBLIC HEARINGS 3. Hastings Commons LLC - Interim Use Permit #2021-17 - Motor Coach Commerce Facility - 24xx Vermillion Street Hinzman defined interim use, summarized the ordinance change and settlement agreement with Hastings Commons LLC, and discussed the Interim Use Permit (IUP) request, proposed site plan, conditions for the Interim Use Permit and received public comments. He explained why staff supported the applicant’s request to remove IUP conditions #3 and #4 as listed in the staff memo. Commissioner Teiken asked for clarification on the length of the motor coaches and travel trailers. Hinzman indicated that they cannot be less than 20 feet. Commissioner Messina opened the public hearing and hearing no comments closed the public hearing. Commissioner Peters expressed concerns of site management, turning left out of facility and asked how the term length of the IUP was determined. Hinzman indicated that the applicant also owns the adjacent mobile home property and the two properties will share the on-site manager position. He noted turning left onto Vermillion Street may be difficult and detailed how the term length was established. Commissioner Messina and Hinzman discussed MnDot’s involvement in the project. Commissioner Matzke inquired about an easement agreement between Hastings Commons LLC and the hotel property to allow hotel guests to use the driveways through the motor coach facility. He stated yes there were easement agreements between the two properties. They also discussed signage for the hotel and possibly how traffic may be affected. The Commissioners and Hinzman discussed the history of the utilization of the site and the legal dispute and resolution. Commissioners Romens and Teiken specified why they were apprehensive about this project. Commissioner Halberg, Romens and Teiken commented on the current aesthetics of the property and the aesthetics after the completion of the motor coach facility. Commissioner Halberg echoed Commissioner Peter’s concern of traffic. Commissioner Messina inquired if the proposed lighting would illuminate into the hotel or onto Vermillion Street. Hinzman explained why the lighting would not have any affect to the hotel or the X-C-01(a & b) street. Commissioner Teiken and Hinzman discussed the definitions of interim use permits and special use permits and why these requests are brought before the Planning Commission and City Council. They also talked of provisions for violated rules. Commissioner Romens and Hinzman discussed the two driveways through the site for cars going to the hotel. Hinzman stated that the hotel does not have any other access. Commissioner Messina asked if the neighborhood would be adversely affected by the campers at the motor coach facility. Hinzman stated the rules of operation were listed in the settlement agreement. Commissioner Peters commented that a manager was required to be onsite during normal business hours; however, there would not be a manager onsite to enforce rules after business hours. Hinzman indicated that complaints may be directed to the onsite manager of the mobile home park. Mark Lambert, owner of Hastings Commons LLC, stated that an onsite manager does live at the mobile home park. Lambert also stressed that they will adhere to the rules set forth in the settlement agreement. The Commissioners Lambert discussed winterization plans and snowplowing for the motor coach facility. Commissioner Matzke motioned to approve the Interim Use Permit as amended and the Site Plan as presented, seconded by Commissioner Teiken. Roll call vote: Ayes 5; Nays 2 – Romens and Teiken. Motion approved. Hinzman noted that this item will be on the May 17, 2021 City Council Agenda. OTHER ACTIONS 4. Other Business Hinzman updated the Commissioners of Planning items approved by the City Council and detailed items anticipated to be on the upcoming Planning Commission Agendas. 5. Adjourn Commissioner Teiken motioned to adjourn at 7:50 p.m., seconded by Commissioner Romens. Roll call vote: Ayes 7; Nays 0. Motion approved. Next Meeting – May 24, 2020 Respectively Submitted: Erica Henderson Deputy City Clerk X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) X-C-01(a & b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 19, 2022 Item: City Council Compensation Council Action Requested: If the City Council is so inclined, the ordinance will need two readings and adoption prior to the November 8 general election. The attached ordinance is based on the average wage paid by neighboring cities. Additionally, paragraph #4 formalizes the technology stipend. The ordinance can easily be modified to remove the stipend or change any of the dollar amounts. Background Information: Annual Compensation: Compensation of the Mayor and Councilmember positions was last adjusted in 2014 with an effective date of January 1, 2015. Per state statute, changes to City Council compensation are effective the first of the year following adoption if that adoption occurs before the General Election date. Attorney Land has advised that the ordinance would take effect on a single date for all Councilmembers, regardless of different election cycles. Presently, Hastings compensates the Mayor at $9,400 and City Councilmembers at $7,200 annually. In December 2021, the City Council asked that this be included in the Compensation & Classification Study in order to make sure we are consistent with other communities. Current Study Average Mayor $ 9,400 $ 10,154 City Council $ 7,200 $ 7,694 Technology Stipend: About 6 years ago the City began providing a $400 stipend to City Councilmembers in acknowledgment of their expense and use of personal technology equipment for Council packets and emails. In planning for the 2022 budget, we included funds to provide another round of stipends recognizing that expenses are ongoing beyond a single term. Upon additional research, we did not make these payments this year. As these payments are not clearly a reimbursement of work expenses (no receipts, no tracking), the stipends should be considered as compensation. If the City Council wishes to continue with the technology stipends, they should be formalized in the compensation ordinance. The Administration Committee recommended that the City provide I-pads or similar City-owned equipment for Councilmembers to use for packets, emails, and other City business. This would enable X-E-01 City IT staff to support the devices and would allow for a more consistent professional image of Councilmember emails. Providing a City-owned device would not require an ordinance. The IT department estimated the cost of an I-pad would be about the same as the $400 stipend. In the event that the City Council decides to continue with the stipend, IT Manager Dave Hokstad and I have discussed ways to address some of the technology concerns. City staff could provide basic tech support for City Council access to email and packets. Financial Impact: 2023 Budget recommendation includes $6,550 to cover this. Committee Discussion: Administration Committee (Lund*, Fox, and Leifeld) met July 27 and August 5 City Council workshop August 15 Attachment: Ordinance Changing the Compensation of the Hastings Mayor and City Councilmembers X-E-01 An Ordinance of the City of Hastings Changing the Compensation of the Hastings Mayor and City Councilmembers Be it hereby ordained by the City Council of the City of Hastings as follows: Hastings Code Section 31.04 is hereby amended to read: 31.04 Salaries Of Mayor And Councilmembers 1. The salaries of the Mayor and City Councilmembers shall be set from time to time by the City Council. 2. The compensation paid to the Mayor for service to the City as Mayor shall be $10,200 per year, to be paid in 12 equal monthly installments during the time the person serving as Mayor is in office. 3. The compensation paid to Councilmembers for service as Councilmembers shall be $7,700 per year, to be paid in 12 equal monthly installments during the time the person serving as councilmember is in office. 4. Additionally, the Mayor and each Councilmember shall receive a $400 technology stipend per four- year term, or portion thereof, to offset the expense and use of personal technology equipment in performance of their roles. 5. Any Mayor or councilmember who serves less than a full month shall receive a pro-rated portion of the monthly installments. 6. The salaries in effect on the date this ordinance was adopted shall remain in place until January 1, 2023, at which time the new salaries shall become effective. Passed the _____ day of October, 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk X-E-01