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Home My WebLink About11-19-07 CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 19, 2007 7:00 PM I. CALL TO ORDER II. ROLL CALL III. DETERMINATION OF QUORUM IV. APPROVAL OF MINUTES Approve Minutes of the Regular Meeting on November 5, 2007 V. COUNCIL ITEMS TO BE CONSIDERED VI. CONSENT AGENDA The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. Pay Bills as Audited 1. Resolution—Accepting Donation from Bless Hastings to Police Department 2. th Approve Change Orders—Project 2007-1: 5 St Area Improvements 3. th Pay Estimate #6—Project 2007-1: 5 Street Area Improvement: Arcon 4. Construction ($231,248.46) Final Pay Estimate—2007 Traffic Marking Program: AAA Striping ($317.92) 5. Pay Estimate #1—Quiet Zone Median: Midwest Concrete Specialties ($21,202.45) 6. 2008 Dakota County Recycling Grant Application 7. Approve Extension of Unpaid Leave of Absence 8. th Resolution—Issue Full Home Occupation #2006-54: Moseng Locksmith (413 18 Street 9. East) th Order Public Hearing—Vacation of Right-of-Way #2007-53: 4 & Lea Streets (Freeman) 10. Order Public Hearing on HRA Acquisition of 1501 Vermillion Street 11. VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS 1. Public Hearing—Renewal of Currency Exchange License at Wal-Mart th 2. Public Hearing—Rezoning #2007-45: R-2 to C-3 at 25 & Vermillion (Horsch) th 3. Public Hearing—Vacation of Easement #2007-49: Riverwood 8 Addition VIII. REPORTS FROM CITY STAFF A. Public Works 1. North Vermillion Street Wall Repair B. Planning th 1. Resolution—Denial of Rezoning Request #2007-45: R-2 to C-3 at 25 & Vermillion (Horsch) th 2. Resolution—Vacation of Easement #2007-49: Riverwood 8 Addition th 3. Resolution—Preliminary Plat/Final Plat/Site Plan #2007-48: Riverwood 10 Addition C. Administration 1. Resolution—Renewal of Currency Exchange License at Wal-Mart 2. Presentation—Parks Comprehensive Plan Update 3. Approval of Rural Fire Association Agreement 4. Approve the Waiver of Penalty on Water Bill 5. Update on Highway 61 Bridge Maintenance Project IX. COMMENTS FROM AUDIENCE X. UNFINISHED BUSINESS XI. NEW BUSINESS XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIII. ADJOURNMENT: Next Regular Council Meeting on Monday, December 3, 2007 at 7:00 p.m. CITY OF HASTINGS CITY COUNCIL AGENDA ~onday,NoveDlber19,2007 7:00 P~ I. CALL TO ORDER II. ROLL CALL III. DETE~ATION OF QUORUM IV. APPROVALOF~TES Approve Minutes ofthe Regular Meeting on November 5, 2007 V. COUNCIL ITE~S TO BE CONSIDERED VI. CONSENT AGENDA The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution-Accepting Donation from Bless Hastings to Police Department 3. Approve Change Orders-Project 2007-1: 5th St Area Improvements 4. Pay Estimate #6--Project 2007-1: 5th Street Area Improvement: Arcon Construction ($231,248.46) 5. Final Pay Estimate-2007 Traffic Marking Program: AAA Striping ($317.92) 6. Pay Estimate #l'--Quiet Zone Median: Midwest Concrete Specialties ($21,202.45) 7. 2008 Dakota County Recycling Grant Application 8. Approve Extension of Unpaid Leave of Absence 9. Resolution-Issue Full Home Occupation #2006-54: Moseng Locksmith (413 18th Street East) 10. Order Public Hearing-Vacation of Right-of-Way #2007-53: 4th & Lea Streets (Freeman) 11. Order Public Hearing on HRA Acquisition of 150 1 Vermillion Street VII. AWARDING OF CONTRACTS AND PUBLIC HEARINGS 1. Public Hearing-Renewal of Currency Exchange License at Wal-Mart 2. Public Hearing-Rezoning #2007-45: R-2 to C-3 at 25th & Vermillion (Horsch) 3. Public Hearing-Vacation of Easement #2007-49: Riverwood 8th Addition VIII. REPORTS FRO~ CITY STAFF A. Public Works I. North Vermillion Street Wall Repair B. Planning 1. Resolution-Denial of Rezoning Request #2007-45: R-2 to C-3 at 25th & Vermillion (Horsch) 2. Resolution-Vacation of Easement #2007-49: Riverwood 8th Addition 3. Resolution-Preliminary PlatlFinal Plat/Site Plan #2007-48: Riverwood 10th Addition C. Administration 1. Resolution-Renewal of Currency Exchange License at Wal-Mart 2. Presentation-Parks Comprehensive Plan Update 3. Approval of Rural Fire Association Agreement 4. Approve the Waiver of Penalty on Water Bill 5. Update on Highway 61 Bridge Maintenance Project IX. COMMENTS FROM AUDIENCE X. UNFINISHED BUSINESS XI. NEW BUSINESS XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIII. ADJOURNMENT: Next Regular Council Meeting on Monday, December 3, 2007 at 7:00 p.m. Hastings, Minnesota City Council Minutes November 5, 2007 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 5, 2007 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Acting Mayor Riveness, City Councilmembers Alongi, Hazlet, Hollenbeck, Schultz and Slavik Members Absent: Mayor Hicks, Councilmember Staff Present: City Administrator Dave Osberg City Attorney Dan Fluegel Assistant City Administrator Melanie Mesko Lee Planning Director John Hinzman Public Works Director Tom Montgomery City Engineer Nick Egger HRA Director John Grossman Finance Director Char Stark Approval of Minutes: Acting Mayor Riveness asked if there were any corrections to the minutes of the regular meeting on October 15,2007. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Alongi, seconded by Councilmember Hazlet to prove the Consent Agenda as presented. 1. Pay Bills as Audited 2. 2007 Gobble Gait 3. Resolution-Support of Delta Queen 4. Declare Excess Property-Police Department 5. Resolution-Accepting Donation from Bless Hastings to Police Department 6. Resolution-Accepting Donation from Bless Hastings to Fire Department 7. Resolution-Authorizing Termination Agreement with Sherman Associates 8. Authorize Contract for Preservation Consultant Services 9. Authorize Contract for Fueling Dock Station Project 10. Order Public Hearing-Renewal of Currency Exchange License at Wal-Mart 11. Approve Engineering Department Budget Transfer 12. Order Public Hearing-Vacation of Easement #2007-49: Riverwood 8th Addition 13. First Reading/Order Public Hearing-Rezoning #2007-45: R-2 to C-3 at 25th & Vermillion (Horsch) 14. Resolution-Accepting Donations for the Youth First Community Halloween Party City of Hastings City Council Minutes November 5, 2007 Page 2 of 4 6 Ayes, Nays, None. Copies of resolutions on file. Hearing-Civil Penalty for Liquor License Violation City Attorney Fluegel stated that a hearing has been ordered to consider civil penalty for the Vermillion Bottle Shop for violation oftheir liquor license by allowing an illegal sale to a minor. Fluegel stated that this is the third violation of the licensee since September 12,2007. The licensee has been notified of the hearing and may request a formal hearing be conducted under sections 14.57 to 14.69 ofthe Minnesota Administrative Procedures Act. The licensee waived their opportunity to request a formal hearing under the AP A. Councilmember Alongi asked the applicant if they had any additional information they would like the Council to consider in the matter. A representative for the licensee stated that they have no additional information to submit. Councilmember Hazlet asked if the owner has been the same for the recent violations. It was confirmed that the ownership has not changed since September 2007. Councilmember Slavik asked the licensee why they chose to pay the $300 fme and not install the ill card reader. The licensee representative stated that it is their intent to purchase a card reader now. Moved by Councilmember Alongi to impose a one month license suspension beginning November 12,2007 and a $2,000 penalty. The motion was seconded by Councilmember Schultz. Councilmember Schultz requested a friendly amendment to the motion to adjust the monetary penalty to $1,000. Councilmember Alongi accepted the friendly amendment. Councilmember Slavik requested a friendly amendment to the motion to add a requirement that the licensee purchase and install an ill card reader by the time the one month suspension has been served. Councilmember Alongi accepted the friendly amendment. Councilmember Alongi noted that the licensee has an obligation to obey the law and that any further offenses will likely result in revocation of the liquor license. Vote on motion to administer a one month suspension, beginning November 12, 2007, levy a $1,000 civil penalty, and require the purchase and installation of an ID card reader by the time the business opens following the license suspension. 6 Ayes; Nays, none. Award Contract-City Hall Lobby Project Moved by Councilmember Schultz, seconded by Councilmember Hollenbeck to award the contract to Parkos Construction in the amount of $116,400. 6 Ayes; Nays, none. Public Hearing-2006 Improvement Program Assessments Project 2006-1: 3rd Street Area Acting Mayor Riveness orened the public hearing at 7: 19 p.m. Todd Lunch, 804 West 3r Street, requested clarification on how the assessment rate is determined. City Engineer Egger stated that an assessor determines what the increased value will be to the affected property owners and 90% of that value is assessed. Ron Bathrick, 800 West 3rd Street, stated that he did not feel that the improvements were warranted. Dave Forstad, 636 West 3rd Street, stated several frustrations with the project, including water shut offs, damage to sprinkler system, poor sod, and removal of City of Hastings City Council Minutes November 5, 2007 Page 3 of 4 cobblestone sidewalk. There was discussion over property owners ability to receive additional explanation and/or relief regarding outstanding issues with the project. Loretta Sieben, 301 West 3rd Street, stated that her house value will not increase as a result of the improvements due to the current housing market slump. Anna Gydesen, 220 West 3rd Street, questioned whether she was charged for a sidewalk. There was brief discussion about the assessment abatement program. Information regarding the program was sent to property owners with their assessment statements. Hearing no further comments, Acting Mayor Riveness closed the public hearing at 8:05 p.m. Project 2006-2: North Frontage Road Acting Mayor Riveness opened the public hearing at 8:05 p.m. Mieessaa Yaachis, 1396 North Frontage Road, stated that he cannot afford the assessments. There was discussion regarding the process by which improvements are assessed to the property and can be paid over a 10 year period. Moved by Councilmember Alongi, seconded by Councilmember Schultz for a recess from 8:15 - 8:20 p.m. Hearing no further comments, Acting Mayor Riveness closed the public hearing at 8:20 p.m. Project 2006-3: Industrial Park ih Addition Acting Mayor Riveness opened the public hearing at 8:24 p.m. Hearing no comments, Acting Mayor Riveness closed the public hearing at 8:24 p.m. Resolution-Adopt Assessment: Project 2006-1: 3rd Street Area Improvements Moved by Councilmember Hazlet, seconded by Councilmember Hollenbeck to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Adopt Assessment: Project 2006-2: North Frontage Road Improvements Moved by Councilmember Slavik, seconded by Councilmember Schultz to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Adopt Assessment: Project 2006-3: Industrial Park 7th Addition Moved by Councilmember Alongi, seconded by Councilmember Schultz to approve the assessments as presented. 6 Ayes; Nays, none. Copy of resolution on file. City of Hastings City Council Miuutes November 5, 2007 Page 4 of 4 Resolution-Variance #2007-47: Sideyard Setback at 1439 Erickson Drive Moved by Councilmember Schultz, seconded by Councilmember Slavik to approve the variance as presented. 6 Ayes; Nays, none. Copy of resolution on file. Resolution-Accept Bond Sale Moved by Councilmember Alongi, seconded by Councilmember Hazlet to approve the sale of General Obligation Bond Series 2007B as presented. 6 Ayes; Nays, none. Copy of resolution on file. Moved by Councilmember Slavik, seconded by Councilmember Schultz to approve the sale of Equipment Certificates Series 2007C as presented. 6 Ayes; Nays, none. Copy of resolution on file. New Business Finance Director Stark provided an update on a recent error with utility billing. Residents with questions should contact the Finance Department for more information. Adjournment Moved by Councilmember Alongi, seconded by Councilmember Hazlet to adjourn meeting at 8:43p.m. 6 Ayes, Nays, None. Melanie Mesko Lee City Clerk Edward Riveness Acting Mayor j I i VI-l aty of J-bstirgs :m:_lf"J;:'l.:s.:;::)W~E5J.':~%l~V'Zi.'~~t!"~'L";;tW:iJ:'!"":.~1::':""-'::lj,,,-"::::! Nerramim To: City Council From: Becky Kline, Finance Department Date: 11/13/2007 The attached Department Report itemizes vouchers that were paid on November 13, 2007. Thank you. 11-13-2007 08:36 AM C 0 U N C I L R E P 0 R T PAGE: DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT ADMINISTRATION GENERAL DATA FLOW AT&T NEXTEL COMMUNICATIONS OFFICE MAX - A BOISE COMPANY W-2'S /1099'S LONG DISTANCE CELL PHONE CHARGES PAPER TOTAL: CITY CLERK GENERAL AT&T LONG DISTANCE TOTAL: FINANCE GENERAL AMERICAN PAYROLL ASSN AT&T KLINE - DUES LONG DISTANCE TOTAL: FACILITY MANAGEMENT GENERAL AT&T CENTERPOINT ENERGY LONG DISTANCE HEATING/ GAS HEATING/ GAS HEATING/ GAS CELL PHONE CHARGES TOTAL: NEXTEL COMMUNICATIONS PLANNING GENERAL AT&T NEXTEL COMMUNICATIONS LONG DISTANCE CELL PHONE CHARGES TOTAL: LT. GENERAL ROADSIDE PUMP & GROCERY/ OHM-SAI LLC OIL/FLUIDS TIRES/OIL CHANGE FIBER PROJECT/POLICE FIBER PROJECT/AQ CTR FIBER PROJECT/PW FIBER PROJECT/PARKS FIBER PROJECT / LOCATES FIBER PROJECT/CABLE OFFICE FURNITURE CELL PHONE CHARGES TOTAL: ACCESS COMMUNICATIONS INC GENERAL OFFICE PRODUCTS NEXTEL COMMUNICATIONS POLICE GENERAL DAKOTA COMMUNICATIONS CENTER ROADSIDE PUMP & GROCERY/ OHM-SAI LLC AT&T CITY OF MPLS. DAKOTA COUNTY TECH COLLEG DEC DISPATCH VEHICLE MAINT LONG DISTANCE SEPT AUTOMATED PAWN PURSUIT DRIVER REF/SCHMITZ PURSUIT DRIVER REF/V SCHAR PURSUIT DRIVER REF/EVANS PURSUIT DRIVER REF/HICKS PURSUIT DRIVER REF/RISCH LABOR RELATIONS ASSOC. NEXTEL COMMUNICATIONS OBRIEN, JOE CHEVROLET TASER INTERNATIONAL UNIFORMS UNLIMITED DOFFING ARBITRATION CELL PHONE CHARGES VEHICLE REPAIRS REPAIR TASER S SCHARFE UNIFORM GALLAND UNIFORMS ELEC SERVICE 51-6960219 TOTAL: XCEL ENERGY BUILDING & INSPECTIONS GENERAL AT&T LONG DISTANCE LONG DISTANCE 190 .20 1. 74 31.14 57.28 280.36 1.47 1.47 165.00 9.76 174.76 5.75 112.31 90.19 11.86 26.64 246.75 3.08 26.64 29.72 23.75 423.61 359.90 749.28 776.03 192.06 3,767.50 161.40 2,048.31 53.28 8,555.12 17,158.00 924.02 75.59 105.00 210.00 210.00 210.00 210.00 210.00 1,380.00 614.81 793.97 450.00 193.89 75.50 22.96 22,843.74 6.16 1.50 11-13-2007 08:36 AM COUNCIL R E P 0 R T PAGE: DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT BUILDING & INSPECTIONS GENERAL MISCELLANEOUS V DAVID BUCK GRAPHIC DESIGN NEXTEL COMMUNICATIONS DAVID BUCK:REF OVERPAY LIC DOOR HANGER NOTICES CELL PHONE CHARGES CELL PHONE CHARGES LADDER TERRYS ACE HARDWARE TOTAL: PUBLIC WORKS GENERAL MN SOCIETY OF PROF ENGINEERS AT&T BAHLS SERVICE NEXTEL COMMUNICATIONS DONALD E SALVERDA MONTGOMERY/DUES LONG DISTANCE FILTERS / FITTINGS CELL PHONE CHARGES BOOKS TOTAL: PUBLIC WORKS STREETS GENERAL RED WING SHOE STORE TBEI INC / TRUCK BODIES & EQUIP INC SCHUTT/ SAFETY BOOTS VALVE VALVE FILTERS TUBE/LABOR ANTIFREEE BOLTS BLADES / INSERTS SUPPLIES SUPPLIES SUPPLIES SUPPLIES MOTOR PARTS SERVICE CO HEATERS SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES CELL PHONE CHARGES JOHNSON/SHIRT WOODWARD/ JACKET HOT MIX ZGODA/CONF PEINE/CONF BROOM REFILL BAHLS SERVICE BOYER FORD TRUCKS FASTENAL COMPANY H & L MESABI MOTOR PARTS SERVICE CO NEXTEL COMMUNICATIONS NINE EAGLES PROMOTIONS PINE BEND PAVING, INC. UNIVERSITY OF MINNESOTA ZARNOTH BRUSH WORKS, INC. TOTAL: PUBLIC WORKS STR. LIGH GENERAL BAHLS SERVICE AUGER RENTAL AUGER RENTAL CEMENT/ CART RENTAL CONCRETE/CART RENTAL ELECTIC INSPECTION/BIKE PA SUPPLIES CONDUI T CONDUIT CONDUIT ELEC SERVICE 51-6960218 TOTAL: CEMSTONE PRODUCTS CO. MN DEPT/LABOR & INDUSTRY VIKING ELECTRIC SUPPLY XCEL ENERGY 2 25.00 175.73 133.49 26.64 149.09 517.61 300.00 2.27 76.87 214.46 94.68 688.28 198.89 130.80 116.01 54.07 123.40 48.56 19.54 1,794.53 2.87 16.14 7.51 9.79 34.04 25.13 4.09 10.65 19.02 69.12 51. 42 2.88 37.63 242.34 47.00 45.00 135.53 225.00 225.00 424.94 4,120.90 319.50 133.13 280.63 378.08 105.00 238.86 251. 63 572 . 80 226.21- 13,385.78 15,439.20 11-13-2007 08,36 AM DEPARTMENT FUND COUNCIL R E P 0 R T PAGE, 3 AMOUNT NON-DEPARTMENTAL PARKS & RECREATION PARKS & RECREATION PARKS PARKS AQUATIC CENTER VENDOR NAME DESCRIPTION YOCUM OIL CO INC DIESEL FUEL TOTAL, AT&T BARNUM GATE SERVICES INC LASERSHARP, INC. CENTERPOINT ENERGY LONG DISTANCE INSPECTION SECURITY GATES COPIER TONER HEATING! GAS HEATING! GAS CELL PHONE CHARGES CELL PHONE CHARGES PAINT! ANTIFREEZE ELEC SERVICE 51-6960215 TOTAL, NEXTEL COMMUNICATIONS TERRYS ACE HARDWARE XCEL ENERGY COCA-COLA BOTTTLING CO CENTER POINT ENERGY NEXTEL COMMUNICATIONS RETURNS HEATING! GAS CELL PHONE CHARGES TOTAL, HERITAGE PRESERVATION HERITAGE PRESERVAT AT&T FIRE AMBULANCE LEDUC PARKS & RECREATION FIRE & AMBULANCE FIRE & AMBULANCE LE DUC LONG DISTANCE TOTAL, CANON BUSINESS SOLUTIONS-CENTRAL INC IMAGE TREND, INC. STAPLES OCT! FIRE BRIDGE DEVELOPME EMS SERVICE BRIDGE LICENSE SPEAKER MIC BADGES! INSPECTOR LONG DISTANCE STATION SUPPLIES PC! ON CALL SYSTEM ROLLS ! MEETING OTC FILLER PLUG BUSINESS CARD LIGHTBAR! FIRE BRUSH VEH HEATING! GAS SHREDDING CELL PHONE CHARGES PAINT MONITOR SENSO RETURN ! SENSOR CLEANING SUPPLIES TOTAL, ANCOM COMMUNICATIONS INC. ASPEN MILLS AT&T CCP INDUSTRIES INC DELL DIRECT SALES L.P. EMILYS EQUIPMENT MANAGEMENT CO. HELMER PRINTING CARY L KISSNER CENTER POINT ENERGY MINNESOTA SHREDDING LLC NEXTEL COMMUNICATIONS SHERWIN-WILLIAMS HAGEMEYER NORTH AMERICA ! VALLEN ZEP MANUFACTURING CO. MEDTRONIC EMERGENCY RESPONSE SYSTEMS MOORE MEDICAL CORP. PRAXAIR DISTRIBUTION-448 REGINA MEDICAL CENTER MED SUPPLY EQUIP MED SUPPLIES OXYGEN AMBULANCE MEDS TOTAL: CENTERPOINT ENERGY HEATING! GAS TOTAL, PARKS CAPITAL PROJ BEST ACCESS SYSTEMS LOCK CORES!LIONS SHELTER TOTAL: HOUSING & REDEVELOPMEN HRA REDEVELOPMENT AT&T LONG DISTANCE 2,617.91 2,617.91 4.97 1,132.16 138.45 48.74 37.28 239.85 186.64 24.42 1,501. 73 3,314.24 121.05- 86.18 26.64 8.23- 3.53 3.53 158.06 190.00 675.00 562.45 100.19 10.23 359.22 608 . 13 18.40 31. 66 299.00 1,821.36 251.25 48.00 453.05 12.34 199.80 150.00- 407.26 6,055.40 1,085.94 1,979.09 213.37 1,090.70 4,369.10 153.85 153.85 75.36 75.36 0.63 11-13-2007 08,36 AM C 0 U N C I L R E P 0 R T PAGE, DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT PUBLIC WORKS WATER HD SUPPLY WATERWORKS, LTD. AT&T BAHLS SERVICE BONESTROO & ASSOC FREIGHT LONG DISTANCE BELT PUMPHOUSE #8 SERV EMERGENCY / CONSERVATION P WELL #5 REHAB SERV GENERAL SERV COMP WATER SYS PLAN WATER TREATMENT PLANT SERV LOCATES BLOWER INSERTING STATEMENTS GRAPHITE PACKING HEAT HEATING/ GAS MARKING FLAGS MEMBERSHIP CELL PHONE CHARGES COWDEN/ UNIFORM LOCATOR REPAIR TREATMENT PLANT SAMPLING TREATMENT PLANT SAMPLING LIMEROCK BACTERIA SAMPLING TOTAL, GOPHER STATE ONE-CALL INC W.W. GRAINGER, INC. GRAPHIC DESIGN KEYS WELL DRILLING CO CENTER POINT ENERGY MN PIPE & EQUIPMENT MN RURAL WATER ASSOC. NEXTEL COMMUNICATIONS NINE EAGLES PROMOTIONS NORTHERN WATER WORKS SPLY PACE ANALYTICAL SERVICES INC SOLBERG AGGREGATE COMPANY TWIN CITY WATER CLINIC IN PUBLIC WORKS WASTEWATER CUMMINS NPOWER LLC DALCO GLEWWE DOORS, INC. W.W. GRAINGER, INC. HEATER SUPPLIES FRAMES/ DOORS CABLES BLOWER DEC WASTEWATER SERV HEATING/ GAS ELECTIC INSPECTION/BREAK R SEWER REPAIR/1413 MAPLE SUPPLIES SUPPLIES SUPPLIES SUPPLIES DUMPSTER ELEC SERVICE 51-6960217 TOTAL, MCES CENTERPOINT ENERGY MN DEPT/LABOR & INDUSTRY OTTO EXCAVATING, INC. VIKING ELECTRIC SUPPLY WASTE MANAGEMENT XCEL ENERGY CITY CLERK TRANSIT AUTO DOCTOR DETAIL & WASH CLEAN SEATS/T-3 CLEAN SEATS/T-1 DAMPER ASY/ BRAKE KIT ALTERNATOR TIRE REPAIR ROLLSTOP ASSY STRIKER PLATE STRIKER PLATE ROLLSTOP RETURNED CELL PHONE CHARGES TOTAL, BOYER FORD TRUCKS HASTINGS TIRE & AUTO SVC SUPERIOR TRANSIT SALES NEXTEL COMMUNICATIONS PARKS & RECREATION ARENA STEVENS ENGINEERS, INC. DESIGN/FLOOR 4 34.53 11.49 12.42 326.25 9,346.00 473.00 208.00 1,944.00 18,625.39 377.15 73.95 288.96 43.83 40.51 97.33 32.43 200.00 332.50 83.00 141.15 175.00 100.00 1,128.53 250.00 34,346.05 109.54 1,027.24 3,215.00 739.96 71.75 74,323.26 46.37 70.00 9,124.25 451.34 1,305.32 92.73 204.85 390.06 1,160.59 92,332.26 159.75 159.75 182.82 264.44 30.00 204.16 14 .02 40.33 112.50- 26.74 969.51 784.00 11-13-2007 08,36 AM COUNCIL R E P 0 R T PAGE, 5 AMOUNT 0.29 225.00 67.31 294 . 12 119.22 470.75 449.90 3,260.90 53.38 429.55 31.22 6,185.64 7.46 1,382.80 DEPARTMENT FUND VENDOR NAME DESCRIPTION PARKS & RECREATION ARENA AT&T DIPPIN DOTS, INC. DOERERS GENUINE PARTS FARNER BOCKEN COMPANY FERRELLGAS 1ST LINE BEVERAGES INC. COCA-COLA BOTTTLING CO CENTERPOINT ENERGY NEXTEL COMMUNICATIONS SYSCO, MINNESOTA LONG DISTANCE ICE CREAM FILTERS/ SEALS CONCESSION SUPPLIES 7 FILLS CONCESSION SUPPLIES POP SUPPLIES HEATING/ GAS CELL PHONE CHARGES SUPPLIES SUPPLIES TOTAL, PUBLIC WORKS HYDRO ELECTRIC GLENWOOD INGLEWOOD CO NORTH AMERICAN HYDRO INC. COOLER RENTAL CONTROL SWITCH REPAIRS 11-13-2007 08,36 AM DEPARTMENT FUND C 0 U N C I L R E P 0 R T DESCRIPTION PAGE, 6 AMOUNT NON-DEPARTMENTAL TOTAL PAGES, 6 WATER * REFUND CHECKS * VENDOR NAME 02-054000-02 FUND TOTALS 101 GENERAL 52,897.91 200 PARKS 5,932.15 201 AQUATIC CENTER 8.23CR 210 HERITAGE PRESERVATION 3.53 213 FIRE & AMBULANCE 10,424.50 220 LE DUC 153.85 401 PARKS CAPITAL PROJECTS 75.36 404 HRA REDEVELOPMENT 0.63 600 WATER 34,347.49 601 WASTEWATER 92,332.26 610 TRANSIT 969.51 615 ARENA 6,185.64 620 HYDRO ELECTRIC 1,390.26 GRAND TOTAL: 204,704.86 US REFUNDS TOTAL: 2.07 1,392.33 11~15~2007 10,30 AM COUNCIL R E P 0 R T DEPARTMENT FUND VENDOR NAME NON~DEPARTMENTAL GENERAL MISCELLANEOUS V TOM RADKE HASTINGS AREA CHAMBER/COM METROPOLITAN COUNCIL ENVIRONMENTAL SER COUNCIL & MAYOR GENERAL HICKS, PAUL ADMINISTRATION GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC GRAPHIC DESIGN NEOPOST LEASING CITY CLERK GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC HRG TECHNOLOGY GROUP FINANCE GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC GOVT FINANCE OFFICERS ASN FACILITY MANAGEMENT GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC TED KRANZ PAINTING TMI COATINGS INC DAKOTA ELECTRIC ASSN LIFEWORKS SERVICES INC. SHERWIN~WILLIAMS PLANNING GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC MCCOMBS FRANK ROOS ASSOC INC GRAPHIC DESIGN JOHN HINZMAN I.T. GENERAL CANON BUSINESS SOLUTIONS-CENTRAL INC UNITED PARCEL SERVICE POLICE GENERAL CANON BUSINESS SOLUTIONS~CENTRAL INC ANDREW VOMASTEK DAKOTA ELECTRIC ASSN HASTINGS FORD-JEEP~EAGLE MCMENOMY, MICHAEL MN DEPT OF PUBLIC SAFETY SCHARFE, VALERIE MICHAEL SCHMITZ MICHAEL T HELGET SUPERIOR FORD INC. PAGE, DESCRIPTION TOM RADKE:REFUND ROOF PERM SEP LODGING TAK SAC CHARGES TOTAL: LODGING WATERTOWN TOTAL: COPIER USAGE BUSINESS CARDS DEC MAIL MACHINE TOTAL: COPIER USAGE NOV REQ PARTNERS TOTAL: COPIER USAGE STARK / MEMBERSHIP TOTAL: COPIER USAGE EXTERIOR PAINTING/FIRE PAINT TESTING ELECTRIC SERVICE OCT CLEANING PAINTING SUPPLIES/ FD PAINTING SUPPLIES/ FD PAINTING SUPPLIES/ FD TOTAL: COPIER USAGE COMPREHENSIVE PLANNING SER BUSINESS CARDS EXP REIMBURSE EXP REIMBURSE TOTAL: COPIER USAGE SHIPPING TOTAL: COPIER USAGE COPIER USAGE UNIFORMS REIMBURSEMENT ELECTRIC SERVICE SQUAD 1410 REPAIRS ARBITRATION LUNCHES TRAINING/S SCHARFE CONF FEES K-9 EXPENSES/STORAGE / LIC SQUAD TOW/ CASE 0713150 SQUAD CAR TOTAL: 1 AMOUNT 0.50 7,646.86 5,025.00 12,672 .36 94.40 169.75 264.15 56.86 31. 95 136.87 225.68 12.26 400.00 412.26 53.89 180.00 233.89 0.25 2,071.28 50.00 20.02 892.59 15.44 187.97 187.97 3,425.52 70.85 4,325.78 63.90 119.75 6.00 4,586.28 5.90 72.89 78.79 0.28 789.85 59.99 10.15 295.24 83.71 25.00 125.00 110.00 102.24 21,686.00 23,287.46 11-15-2007 10:30 AM DEPARTMENT FUND BUILDING & INSPECTIONS GENERAL PUBLIC WORKS GENERAL PUBLIC WORKS STREETS GENERAL PUBLIC WORKS STR. LIGH GENERAL PARKS & RECREATION PARKS PARKS & RECREATION AQUATIC CENTER COUNCIL R E P 0 R T VENDOR NAME CANON BUSINESS SOLUTIONS-CENTRAL INC BLACK DIAMOND DESIGN MISCELLANEOUS V TOM RADKE METROPOLITAN COUNCIL ENVIRONMENTAL SER CANON BUSINESS SOLUTIONS-CENTRAL INC E & G CONSULTING INC NORTHWEST LASERS INC TERRYS ACE HARDWARE CANON BUSINESS SOLUTIONS-CENTRAL INC AAA STRIPING SERVICE CO RIVER COUNTRY COOPERATIVE SIDELINE SIGNS / DOUGLAS SWASER TERRYS ACE HARDWARE CEMSTONE PRODUCTS CO. DAKOTA ELECTRIC ASSN TERRYS ACE HARDWARE VIKING ELECTRIC SUPPLY CANON BUSINESS SOLUTIONS-CENTRAL INC PREMIER POS INC TMI COATINGS INC HASTINGS HOCKEY BOOSTERS LEEF BROTHERS, INC. MIRACLE RECREATION EQUIP TERRYS ACE HARDWARE DIANE RADKE UNITED PARCEL SERVICE CANON BUSINESS SOLUTIONS-CENTRAL INC PAGE: DESCRIPTION COPIER USAGE COPIER USAGE CLOTHING EMBROIDERY TOM RADKE:REFUND ROOF PERM SAC CHARGES TOTAL: COPIER USAGE ROW PROGRAM ASSISTANCE PAINT CONNECTOR WIRE TOTAL: COPIER USAGE FINAL / TRAFFIC MARKING OIL NUMBERING SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TOTAL: CONCRETE CONCRETE ELECTRIC SERVICE SUPPLIES SUPPLIES SUPPLIES CONDUIT CONDUIT/COUPLINGS CONDUIT SUPPLIES PVC PVC TOTAL: COPIER USAGE COPIER USAGE POS FEES PAINT ANALYSIS REFUND OVERPAY SOUND SYSTE TOWELS MEMORIAL BENCH SUPPLIES SUPPLIES NRRC COMM PLAQUE SHIPPING/ CELL PHONE TOTAL: COPIER USAGE 2 AMOUNT 220.33 31.11 135.00 50.00 67.00- 369.44 89.62 720.00 97.60 3.50 910.72 16.05 317.92 531.67 69.23 23.93 8.78 42.56 1. 90 62.49 8.48 9.55 108.91 97.34 1,298.81 191. 37 187.05 1,926.62 4.25 5.85 9.36 238.67 579.40 294.74 252.45 190.93- 238.67- 3,260.16 8.01 122.84 250.00 50.00 262.06 53.43 894.79 42.43 8.58 26.63 34.88 1,753.65 0.54 11-15-2007 10:30 AM DEPARTMENT COUNCIL REPORT PAGE: DESCRIPTION PARKS & RECREATION AMOUNT FUND VENDOR NAME AQUATIC CENTER PREMIER POS INC JOHNSON, DARBIE A.D. HERITAGE PRESERVATION HERITAGE PRESERVAT CANON BUSINESS SOLUTIONS-CENTRAL INC FIRE LEDUC PARKS & RECREATION CYNTHIA SMITH FIRE & AMBULANCE CANON BUSINESS SOLUTIONS-CENTRAL INC NATL FIRE PROTECTION ASN LE DUC DAKOTA COUNTY HISTORICAL SOCIETY SECURITY RESPONSE SERVICES INC PARKS CAPITAL PROJ PORTABLE BARGE SERVICE INC HOUSING & REDEVELOPMEN HRA REDEVELOPMENT CANON BUSINESS SOLUTIONS-CENTRAL INC BRADLEY & DEIKE PA PUBLIC WORKS PUBLIC WORKS WASTE MANAGEMENT 2007 IMPROVEMENT P GOPHER SIGN COMPANY ARCON CONSTRUCTION CO INC MIDWEST CONCRETE SPECIALTIES INC PEINE PLUMBING & HEATING WATER CANON BUSINESS SOLUTIONS-CENTRAL INC SCHLOEGEL, BRANDON TBEI INC / TRUCK BODIES & EQUIP INC DAKOTA ELECTRIC ASSN KORTERRA INC OTTO EXCAVATING, INC. PACE ANALYTICAL SERVICES INC RDO EQUIPMENT / POWER PLAN TERRYS ACE HARDWARE POS FEES MILEAGE REIMBURSEMENT TOTAL: COPIER USAGE COPIER USAGE EXP REIMBURSEMENT EXP REIMBURSEMENT TOTAL: COPIER USAGE MEMBERSHIP TOTAL: 2007 PROGRAMS SECURITY SYSTEM MONITORING TOTAL: SHRINK WRAP DOCKS TOTAL: COPIER USAGE LEGAL SERV/LOAN PROGRAMS LEGAL SERV/TERM AGREEMENT DISPOSAL CHG/TOPPER TOTAL: SIGNAGE/ 2007-1 PROJ PAY EST - 2007-1 PAY EST - QUIET ZONE REPLACE VALVE/833 W 7TH TOTAL: COPIER USAGE COPIER USAGE SAFETY BOOTS VALVE ELECTRIC SERVICE KORWEB SERVICES WATER MAIN REPAIR SAMPLING CORE CREDIT ARMREST/ ENG COOLANT SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SHIPPING SUPPLIES SUPPLIES 110.00 199.82 310.36 0.22 11. 32 42.72 21.25 75.51 123.44 150.00 273.44 15,000.00 300.01 15,300.01 2,500.00 2,500.00 5.81 165.00 330.00 20.02 520.83 100.42 231,248.46 21,202.45 175.70 252,727.03 56.61 16.04 128.95 106.02 11. 62 353.10 2,450.00 100.00 61. 24- 113.06 2.09 8.81 11. 68 7.98 1.12 1.05 60.11 11.16 15.96 4.88 5.98 9.39 7.01 11-15-2007 10,30 AM DEPARTMENT FUND C 0 U N C I L R E P 0 R T DESCRIPTION PAGE, 4 AMOUNT 38.21 1. 91 22.92 12.75 2.86 3,500.03 3,089.00 11,983.35 138.52 147.00 95.71 169.93 1,675.00 21.73 17,800.00 23.95 18.51 35,162.70 22.91 22.91 9.18 12,182.85 12,192.03 51. 97 51.97 27.16 27.16 316.00 316.00 315.00 315.00 562.50 562.50 104.00 104.00 480.38 480.38 226.11 226.11 236.27 236.27 260.00 VENDOR NAME PUBLIC WORKS PUBLIC WORKS CITY CLERK PARKS & RECREATION NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL NON-DEPARTMENTAL WATER WASTEWATER TRANSIT ARENA TERRYS ACE HARDWARE HAFERMAN WATER CONDITIONING LAWRENCE INTERIORS DAKOTA ELECTRIC ASSN GLEWWE DOORS, INC. MENARDS METROPOLITAN COUNCIL ENVIRONMENTAL SER MOTOR PARTS SERVICE CO RIVERTOWN HEATING TERRYS ACE HARDWARE CANON BUSINESS SOLUTIONS-CENTRAL INC CANON BUSINESS SOLUTIONS-CENTRAL INC SPORTS TECHNOLOGY INC ESCROW - DEV/ENG/T TERRYS ACE HARDWARE POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND POOLED CASH FUND CNA INSURANCE L.E.L.S. LOCAL UNION 49 LOCAL 320 MINNESOTA NCPERS MN CHILD SUPPORT PMT CTR MN CHILD SUPPORT PMT CTR MN CHILD SUPPORT PMT CTR TEAMSTERS 320 WELFARE TRUST FUND SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES TOTAL, WATER SOFTNER TILE INSTALLATION ELECTRIC SERVICE METAL FRAME FLOOR TILE BLINDS/ FAUCET REMODEL SAC FEES HEATER HEAT/ LUNCHROOM SUPPLIES SUPPLIES TOTAL: COPIER USAGE TOTAL: COPIER USAGE ARENA SOUND SYSTEM/PARTIAL TOTAL, SHIPPING TOTAL, LONG TERM CARE INSURANCE TOTAL, UNION DUES L.E.L.S. TOTAL: UNION DUES LOCAL 49 TOTAL, UNION DUES LOCAL 320 TOTAL, PERA LIFE CONTRIBUTIONS TOTAL, 00138614701 & 000071897601 TOTAL, 0014354527 CONNELL TOTAL, 0014205221 BLOOMSTRAND TOTAL, DENTAL INSURANCE PREMIUMS 11-15-2007 10,30 AM DEPARTMENT FUND C 0 U N C I L R E P 0 R T DESCRIPTION PAGE, 5 AMOUNT NON-DEPARTMENTAL TOTAL PAGES, 5 WATER * REFUND CHECKS * VENDOR NAME 02-054000-02 =============== FUND TOTALS 101 GENERAL 51,025.52 200 PARKS 1,753.65 201 AQUATIC CENTER 310.36 210 HERITAGE PRESERVATION 75.51 213 FIRE & AMBULANCE 273.44 220 LE DUC 15,300.01 401 PARKS CAPITAL PROJECTS 2,500.00 404 HRA REDEVELOPMENT 520.83 497 2007 IMPROVEMENT PROJECTS 252,727.03 600 WATER 3,502.10 601 WASTEWATER 35,162.70 610 TRANSIT 22.91 615 ARENA 12,192.03 807 ESCROW - DEV/ENG/TIF-HRA 51.97 999 POOLED CASH FUND 2,527.42 GRAND TOTAL, 377,945.48 US REFUNDS TOTAL, 2.07 262 .07 November 19, 2007 APPROVED: City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Slavik Councilmember Hollenbeck Councilmember Alongi Mayor Hicks VI-2 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE HASTINGS POLICE EQUIPMENT BUDGET WHEREAS, the Bless Hastings Group has presented to the Hastings Police Department a donation of $450.00 dollars to the Hastings Police Department and have designated that this donation be used for the Hastings Police Department Equipment budget fund for purchase of a medical De-Fib unit WHEREAS, the City Council is appreciative of the donation and commends the Bless Hastings Group, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for the Hastings Police Department Equipment budget fund. 3. That the Hastings Police Department Equipment Budget fund be adjusted accordingly. Adopted this 19th day of November, 2007 Paul Hicks, Mayor Attest: Melanie Mesko Lee, City Clerk (SEAL) VI-3 MEMO To: From: Date: Re: Honorable Mayor and City Council Nick Egger November 13, 2007 Change Orders #1 & #2 Enclosed for Council approval are Change Orders #1, and #2 for the 2007 5th Street Area Improvements Project for the change in retaining wall block material used in the remainder of the conservation district portion of the project, and for the addition of a vinyl split rail fence on top of wall segments in excess of 4' in height. The Council Operations Committee had previously recommended the change in block design type in July to better accommodate conservation district standards. The full Council subsequently approved the change in materials and the future consideration of a change order at the July 16th Council Meeting. Fences were installed atop new retaining walls in areas where the walls exceed 4 feet in height. This is done as a safety precaution, following suit with the standard practice used by the Minnesota Department of Transportation. The white vinyl split rail fence was selected after consulting with the Planning Department on acceptable designs within the conservation district. This item was not contained in the original plans and specifications for the project which the contractors bid upon. The Council is requested to approve both Change Orders #1 and #2. ~L-19-2007 T~!LQ6:45.AM FAX NO. P. 02 UI/LD'~UVI w~u La:~1 ~AA b~L~~ILO~* ~n-~aavft~-V~ CITY OF HASTINGS ENGINEERING DEPARTMI::NT CHANGE ORDER # 1 Contractor. Address: Arean Construction Co, P.O. Box 159 Hanis, MN 55032 City Project No.: 2007-1 CoD1nlct Name: 5th Street Area Improvements In accordance with th~ tCl1Jl9 of ~ coPtmct. you lltC hereby 1IUtIJoriztd :DId iIlstnllUd to perf'oJ'lll tile WOl'It as altered by the f()llowing JIIlIvisiallli The City of Hastings and Neon Constro.otion Co. hereby agree to this change order for the proposes of changing tbe block. design for the '"Install Block Retaining Wall (New)" item from a standard :face to the Classic Colonial face and in the color of Sandstone as manufactured by Rockwood Retaining Walls. The unit price for this item JIlodit1ed to the following: EXISTING NEW ITEM UNIT UNIT NO. DESCRJPT10N Ulttr FlUCE PRICE 4 IN"STALL BLOCK RETAINING EA $17.45 $20.45 WALL (NEW) With this change order, standard face retaining wall blook will no longer be used on the project. Approved By: 1IU. r City En' er Date: 1 t ~ Accepted By: Areon Constructio Co. Authorized Representative Da.te:.Tn! 19,,2007 t CITY OF HASTINGS ENGINEERING DEPAR'TMENT CHANGE ORDER #2 Contractor: Arcon C'?nstruction Co. Address: P.O. Box 159 Harris, MN 55032 City Project No.: 2007-1 Contract Name: 5th Street Area. Improvements In accordance with the tlmnS of this COJ1Iniet. you am blltCby authOIized and instmctcd to petfoJm the Work as altcl:ed by thefoDowlng provisions Arcon Construction Co. proposes the following unit price for a new line item. to be established pursuant to the construction of 2 rail vinyl fencing directly adjacent to new retaining walls that are in excess of 48" in height. The new line item will be described as listed below: ESTlMATED ITEM ESTIMATED UNIT ADDITIONAL . NO. DESCRIPTION UNIT OUAN'J,'ITY COST COST 130 2 RAIL WHITE VINYL RANCH LF 200 $21.05 $4,210.00 FENCE Approved By: City En . eer Date: 1..001 Accepted By: Arcon Co lytion cO. 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J v ~ V> ()) ro o .!! 11 ... tJ) :g Ol c ill lID 1U o ..... Il.1 ~ ;;.. .Q "0 III ~ '- 0.. Q <{ ..... J:: ~ ~~ iO - a..S; CI) tJlCP> ~I=i Cii ~ ..- QI 0::1 I I I i /g ~ n 1:1 <3 o r- 1:' III a. 1"-- 8 ~ ~ :u: ..; ~ ~ a. ill ~ o o f- (0 ...J -( ~ ;z ~ 8 '!1 ~ ~ g g ":. ~ <'!. (;; fI) I() .... ~ ~ (J} .... ~ .,... q) w . 1 r. ; ~ ~ r. N 10\> f. j ~ . , ,- , } ?: ~ ~ :1 } i 5 ; , ~ ~ m lri - (D in OJ r;; ::: OaJCVO o .f;; [ ~ I- S9 o.ClJ :J '1:l itl a ~ ~ ~ ~ ?i ill -~ "iii E ...J ~ '0 /3 D- I- ~ II) ....I (ii (5 I-- ~ , t :l " ~ I. i o a i 1 :, ~ ~ I ~ , , ~ ~ i ~ , " ~ IJ f. ~ :j l'? i ,.., . 0 ~ : ~ Ql .f ~ (: . ~ ~ .\ :i I /- !. /- City of Hastings Parks & Recreation Department 920 W 10th St. Hastings, MN 55033 Ph: (651) 480-6175 Fax: (651) 437-5396 www.ci.hastings.mn.us Aquatic Center 90 I Maple St. Hastings, MN 55033 Ph: (651) 480-2392 Fax: (651) 437-5396 Civic Arena 280 I Redwing Blvd. Hastings, MN 55033 Ph: (651) 480-6195 Fax: (651) 437-4940 VI-7 MEMO Date: November 14,2007 To: Honorable Mayor and City Council Members From: Barry Bernstein, Director of Parks & Recreation Subject: 2008 Community Funding Recycling Grant Application Background Each year the City receives funding from Dakota County to assist with promotion and administration of the recycling program. The administration of this program rests with the Parks & Recreation Department. Recommended City Council Action It is recommended that the City Council take action authorizing the submittal of the attached 2008 Dakota County Funding Recycling Grant Application. Dakota County 2008 Large Community Funding Application Funding Period: January 1,2008 - December 31,2008 Application Submittal Due Date: November 27, 2007 Dakota County, Physical Development Division Environmental Management Department - 2007 Please return completed Application with your Board Resolution and/or letter to the following: Dakota County Physical Development Division Tammy Drummond 14955 Galaxie Avenue Apple Valley, MN 55124 2007 Annual Report Due Date: February 15, 2008 Contact Information Mike Trdan: Guidelines, Application, or Annual Report 952-891-7021 or mike.trdan@co.dakota.mn.us Tammy Drummond: Application process 952-891-7003 or tammv.drummond@co.dakota.mn.us 1 Program: 2008 LARGE COMMUNITY FUNDING APPLICATION BASE FUNDING AND WORK PLAN DUE DATE November 27,2007 January 1, 2008 throuah December 31. 2008 CitylTownship (select): Hastings Population (2006 Est.): 21,998 Date Submitted: 11/20/2007 Number of Households (2006 Est.): 8,192 Minimum Funds Applied for: $18,100.00 Address: 920 W 10th St, Hastings, MN 55033 Maximum Funds Applied for: $21,400.00 E-mail Address:kbehrens@ci.hastings.mn.us Phone Contact: Kristin Behrens Number: 651-480-6175 Fax Number: 651-437-5396 1. Is your City Manager or Administrator interested in hosting a Household Hazardous Waste Event Collection in conjunction with Dakota County in 2oo8? I8l Yes DNo 2. If the answer to question 1 is .yes," then indicate the type of city support to be provided at the Event Collection _ identify location, equipment, amountltype of city publicity and approximate number of staff assistance (city, volunteer, STS). We have held aHHW Collection Event for the past few years now in connection with our Spring Clean-up Day. We generally have at least 4 city employees available to assist with the HHW portion of the cleanup. Other city staff is involved with collecting electronics, appliances, etc. The clean-up is generally help at the City's Public Works facility, although due to some remodeling in 2008, we may have to change locations for one year. One possibility for an alternate location is the Hastings Civic Arena's large parking lot. 3. What percent of staff time (in Full Time Equivalents - FT.E) is allocated to waste abatement activities? 10%F.T.E. 4. Does your City intend to host one or more .c1ean-up" days in 2008? I8l Yes DNo 5. If the answer to question 4 is .yes," then when will the .clean-up" day(s) be held? Our Annual Spring Clean-Up Day is generally held the last Saturday in April. Note: If the answer above is .yes, " then be certain to obtain data on collection amounts because. at the end of 2008, the Annual Report for 2008 requires cities report this data. 6. In 2008 does your city anticipate a community-sponsored event to collect residential electronic devices? I8l Yes DNo Note: If the answer above is .yes. . then be certain to obtain data on collection amounts. The Annual Report for 2008 due February 15, 2009 requires that cities report this data. 7. I certify that this document was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. Name of person completing document Kristin Behrens 2 COMMUNITY PROGRAM DESCRIPTION Identify and describe the proposed activities (mandated and optional) that your community will undertake in the current application year in each of the following areas. Please Note: Program priorities include a focus on reinvigorating residential recycling and education targeted at new residents and unserved/underserved citizens. Lar ge Community (over 1000 Households) - Mandated Responsibilities Check Items a) Government Leadership Responsibilities (Mandated - 4 Points each) [gJ Identify Contact Person - Each community must identify in its annual Application a 1 responsible party for eligible activities and infonn Dakota County within thirty days of any changes in the designated individual. [gJ Ensure Recycling Programs - Ensure that recycling programs are established for facilities 2 under its control in accordance with MN Stat. ~ 115A.151 (i.e., must assure program in place for recyclable materials). [gJ Manage Public Entity Waste - Manage waste from its facilities as outlined in the 3 RegionaUDakota County Solid Waste Master Plan (i.e., must assure program in accordance with public entities law - MN Stat. ~ 115A.471) [gJ Promote Sustainability Principles - Participate in workshop, training, resolution 4 development, ordinance changes, planning & zoning changes as coordinated by the County or lead community for a Local Negotiated Initiative. [gJ 5 Local Negotiated Initiative - Participate as a Lead or Supportive Community. Check b) Recycling Responsibilities (Mandated - 5 Points Each) Items [gJ 1 Support Recycling Goal- Attain a level of waste reduction, reuse, and recycling that supports a 50% recycling rate for the County. [gJ Curbside Recycling Materials - Continue the curbside recycling of the following materials: 2 newspaper, magazines, mixed mail, corrugated cardboard, steeUaluminum cans, glass containers, and plastic containers with a neck. [gJ 3 Multi-family Recycling - Assure recycling service in all multi-family buildings that includes all recyclables collected through the curbside collection program. [gJ 4 Waste Collection Service - Promote implementation activities that comply and enhance State law that requires all residences to have waste collection service. Check c) Solid Waste Education Checklist (4 Points for items 1 - 3 and 3 points for Items item 4 - Mandated) Communication to Households - Produce at least one electronic (when applicable) and [gJ written media communication and distribute to every household, including multi-family 1 buildings with reinviaoratinQ recyclina as a top priority. Maintain environmental education website (if applicable), link to http://www.co.dakota.mn.us/EnvironmentRoads/default.htm. Topic{s) must be consistent with the annual work plan process. [gJ 2 LSWS Meetings - Actively participate and contribute to Local Solid Waste Staff meetings (one excused absence) [gJ 3 Program Messages - Support and promote Master Plan and Comprehensive Plan integrated solid waste management program messages. [gJ 4 Participate in Community Power Program - Promote local Community Power Program, by assisting Program or participating in application screening for projects within community. 3 Check d) Solid Waste Community Education (9 Points Each) Items - Community chooses to complete any five activities 0 1 Make presentation(s) to city employees (minimum of 10) regarding a government leadership activity. Topic(s} must be consistent with the annual work plan process. 0 2 Provide environmental education to community group(s} (minimum of 10 people), with schools a top priority. Topic(s} must be consistent with the annual work plan. /Xl 3 Provide environmental education in schools or other public entities (minimum of 10 people), with schools a top priority. Topic(s} must be consistent with the annual work plan. 0 4 Sponsor a sustainability workshop in collaboration with the County. 0 5 Sponsor an Environmentally Preferable Practices Workshop in collaboration with the County. /Xl 6 Sponsor a community event for Earth Day (if attended by over 100 people - counts as two. 0 7 Sponsor a community event for America Recycles Day (if attended by over 100 people - counts as two). 0 8 Sponsor a community event for Pollution Prevention Week (if attended by over 100 people - counts as two). 0 9 Sponsor a community event for other County-approved campaign (if attended by over 100 people - counts as two). /Xl Produce electronic (when applicable) and written media communication and distribute 10 to every household, including multi-family buildings with reinviQoratinQ recyclinQ as a top priority. Topic(s} must be consistent with the annual work plan process. Promote and distribute environmental education materials - Provide environmental /Xl 11 education materials and information that pertain to solid waste and recycling issues in accordance with the Master Plan and Comprehensive Plan priorities and strategies and, on an ongoing basis, provide Dakota County with examples of these material. Reinvigorate Recycling - Directly incorporate electronic and/or printed materials provided /Xl 12 by the Solid Waste Management Coordinating Board's (SWMCB) "Reinvigorate Recycling" campaign into communications distributed in your city - provide examples as part of the 2008 Annual Report. Include: A copy of the Official Resolution or of Proceedings (an official action from the governing body requesting the funding allocation or a certified copy of the official proceedings). 4 WORK PLAN, 2008 Work Plan, Large Community Base Funding - Describe your community's proposed plan for 2008 Base Funding. The work plan shall include a description of annual activities and actions, responsible parties, proposed timeline to accomplish the activities, the rationale to support Master Plan/Comprehensive Plan outcomes, resources, and method of pre-and post-activity/action measurement. Government Leadership - Describe your community's proposed plan for expanding or enhancing government leadership in 2008. Government has partnered with Waste Management with an ongoing community outreach program designed to help youths understand the advantages of recycling with some classroom training and then encouraging them to seek out small business owners to drive recycling volume to the recycling box. The youths are rewarded for their efforts with a cash incentive for their youth group. City Government sets a leadership role with recycling programs in-house that include, but are not limited to, collection of mixed papers, ridged recyclables, and purchasing eco-friendly supplies when economically feasible. City has partnered with Tilden Kindergarten Center to implement a crayon recycling program in that school. Teachers assist with education and the City provides the collection bins, shipping costs, and recycled Crazy Crayons to students who participate. This is an ongoing program that we are planning to continue in 2008. External Operations and In-House Programs - Describe your community's proposed plan for expanding or enhancing waste abatement operations in 2008. Youth Green Team Program (recycling box for mixed paper.) Sponsor community Earth Day Event (2007 event was attended by over 200 people.) Update community through printed and electronic media on recycling opportunities/yard waste disposal. Notification of city staff of EPP purchasing opportunities. Request RET AP to evaluate city facilities to see where government leadership can improve. Community Education - Describe your community's proposed plan for 2008 public educational/promotional activities. Distribute annual solid waste guide to residents, quarterly updates in the Hastings Star Gazette of the youth group recycling accomplishments, quarterly training with new youth groups with outreach ideas to generate more volume for their time with the recycling box, the curbside yard waste mailer that talks about advantages of backyard composting and curbside collection. Annual city-wide spring clean-up. Quarterly recycling articles placed in city newsletter mailed to residents which will incorporate the Rethink Recycling campaign materials. Updates of recycling pages on city website. 5 Applying for Container Funding DYes rgJ No Number of containers required in 2008 Single Family Multi-family Delivery Location - List address for container delivery Distribution Method - Indicate the distribution method for the containers · Communities must provide educational materials that support reuse/reduction/recycling for each single family container. · Multi-family apartment containers are provided only upon agreement between building owners or managers and the City. Communities will distribute multi-family apartment containers in coordination with informational meetings for residents. 6 Applying for Local Negotiated Initiative Funding As a Lead Community DYes [8J No (If no, do not complete) · If your community chooses not to undertake a leadership role for a Local Negotiated Initiative, your community must complete the Supportive Community work plan below. Identify Item Letter Brief Description of Leadership Activity 2008 Fund Amount from Sec. lII.d. Table I Indicate the Local Negotiated Initiative by alphabetic letter that your community chooses to undertake in 2008, insert total funding amount into the space provided on your Base Funding Attachment A, and complete the LEAD Community work plan below LEAD COMMUNITY Local Negotiated Initiative Work Plan, for each selected Initiative - Describe your community's proposed plan for 2008 Local Negotiated Initiative. 1. Comprehensive Initiative Description 2. Activity Description 3. Budget Breakdown - Show how funds will be expended 4. Objective(s) to be met 5. Related Master Plan or Comprehensive Plan outcome 6. Proposed Start Date and Duration of Activity (or activities) 7. Resources 8. Proposed Measurement Method (pre- and Post-Activity Measures) NOTE: Final report must identify the opportunities and challenges encountered and how the initiative can be replicated in other communities. 1. Comprehensive Initiative Description 2. Activity Description 3. Budget Breakdown 7 4. Objective(s) 5. Related Master Plan or Comprehensive Plan Outcome 6. Proposed Start Date and Duration of Activity 7. Resources 8. Proposed Measurement Method 8 BASE FUNDING BUDGET, 2008 (Note: to be considered a complete application, cities must enter estimated costs in appropriate sections of both A.1. & AI) A. 1. Administrative Costs Direct Salaries Direct Mileage Direct Membership & Training & Subscriptions ConsuffantServices and/or Temporary Help Software Other (List & Describe Total A.2. Promotional/Educational Costs Design/Printing Costs Distribution Costs Advertisements Videos/Billboards Promotional Items Special Events (Displays, Performance fees) Other (List & Describe) Total B. Total Budgeted Amount C. 2008 Base funding Requested from County *** D. Total LNIF Amount Requested From County County Share ** (at $1.60 per HH) I I I I I I County Share ** (at $2.00 per HH) II -II II II <II 11-- o TOTAL TOTAL I frC=m":hme * f':::"" Hm II -- ft\ II /1:11 II 11 ill II I 5000 II 10300 5000 5000 f $21::~ II It If II II - U 10300 250 250 250 250 50 50 50 50 o o o o o 5300 5300 County Share County Share TOTAL TOTAL (at $1.60 per HH) (at $2.00 per HH) Community Share * (at $1.60 per HH) (at $2.00 per HH) I 45()0 H 5675 I' II 4500 1/ 5675 I I 2000 1/ 2500 If II 2000 II 2500 I I -600 It -800, If I f 600 II 800 I I " II II 0 II 0 I I tooo II 1?50 II I , 1000 , I 1250 I I 2000 II 2500 II If 2000 II 2500 I I 2700 II 3375 II 2300 I 5000 II 5675 I 12800 16tOO I 2300 I 15100 I 18400 I 18100 21400 I 7300 I 25400 I 28700 I -1810011 - 214001 I 18100 I 21400 I 0 ** Communities list program city contributions in this column. (community contributions are not required) Communities must enter budget amounts for both ($1.60 HH & $2.00/HH) funding possibilities. Base Funding Request may not exceed the amount authorized by County Board. "'0< **** TOTAL TOTAL Unexpended 2008 Base Fund and lNIFamount may not be carried over to 2009 (at $1.60 per HH) **** Total 2008 Funding Amount Requested from County *1 18100 (at $2.00 per HH) II 21400 To: From: Date: Re: Mayor Hicks and City Councilmembers Melanie Mesko Lee November 14,2007 Extension of Unpaid Leave of Absence Council Action Requested: Approve an extension of the unpaid leave of absence for John Stevens, effective November 21, 2007 and through December 10, 2007. Background Information Parkkeeper John Stevens remains unable to work due to a serious medical condition, as defmed by the Family and Medical Leave Act (FMLA). The City Council previously approved an unpaid leave of absence through November 20. Following communication with John, he has requested an extension of the unpaid leave of absence through December 10,2007. This additional leave is in excess of what is required under FMLA. Parks and Recreation Director Barry Bernstein has indicated that the departmental operations can continue under this staffing shortage for an additional short time period, and he supports the extension of the unpaid leave of absence for an additionally 3 weeks. Staff recommends approval of the extension of an unpaid leave of absence through December 10,2007. If you have any questions about this memo or staff's recommendation, please let me know. Cit}.-o1 Hastl~ · 101 Fourltt Street Eas.t · Has:bngs. MN 55033.1955 "p:6'51.-4IDZ350 · 1:6.51.-437-4082 . WWM'.cthas.tJngs.ll1n.us VI-9 Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: November 19, 2007 Subject: Resolution: Issue Full Home Occupation License #2006-54 - Patrick Moseng - Moseng Locksmith Co. - 413 East 18th Street REQUEST The City Council is asked to adopt the attached resolution granting a full Type" Home Occupation Permit to Patrick Moseng to operate Moseng Locksmith Company from his home at 418 East 18th Street. The two year license would expire on November 19, 2009. On November 20, 2006, the City Council granted provisional approval of the permit subject to review after one year. FIRE MARSHALL INPECTION The Fire Marshall has inspected the building and has the following comments: I) The fire extinguisher must be inspected annually. RECOMMENDATION Approval is recommended subject to the Fire Marshall's comment. Staff has not received any complaints regarding the home occupation in the past year. ATTACHMENTS . Resolution · Questionnaire · Photos of garage and inside of shop · Aerial view of home · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A FULL TYPE II HOME OCCUPATION LICENSE FOR PATRIC MOSENG AT 413 18TH STREET EAST Council member moved its adoption: introduced the following Resolution and WHEREAS, Patrick Moseng has petitioned for approval of a Type II Home Occupation License to operate locksmith business at 413 18th Street East, legally described as Block 7, Lot 1 of Leducs 4th Addition; and WHEREAS, on November 20, 2006 the City Council adopted Resolution No. 11-18- 06 approving a one year probationary license subject to review and full approval after one year; and WHEREAS, the probationary period has passed with the City receiving no complaints about the Home Occupation. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Full Type II Home Occupation License request of Patrick Moseng as presented to the City Council subject to the following conditions: 1) Fire extinguishers shall be inspected annually. 2) That the business be operated in compliance with the Home Occupation Questionnaire signed July 31, 2006 by the applicant. The applicant shall provide the Planning Department notice of changes that expand the business (i.e. additional outside employees) to determine if the business is operating within the confines of the code. 3) That the business will be operated in compliance with the Home Occupation regulations as established by the Hastings City Council. 4) Exterior storage of materials or equipment associated with the Home Occupation is not allowed. 5) The Home Occupation License shall be valid for a period of two years from the date of City Council approval. Council member moved a second to this resolution, and upon being put to a vote it was adopted by the City Council. Adopted by the Hastings City Council on November 19th 2007 by the following vote: Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee, City Clerk J 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 November, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 "fO~I"'O"OOOO@'I"OO ...... (1)c. (1)co -=:E (/J So.. c: (1) 0 ~;; ....~ .......0 'f"""..J CO ~ oE ~ ~ ~ -g () ~ Q) OJ Q) -1 ~ ~ 3 3 3 g ~ ~ 6 ~ ~ ~ ~ zt" <0 o o N (V) o 0 0:: a: ll.. 0... ::J S i- ~ ~ ~ & ~ ~ ~ ..... Q) ..c E Q) > o Z View of the garage. I View of the inside of the shop. Aerial View 413 East 18th Street :it c1CXXO -54 1 CITY OF HASTINGS - PLANNING DEPT. 101 4th St E., Hastings, MN 55033 - Phone:651.480.2350 - Fax:651.437.7082 Application for Home Occupation License Applicant: '"' r \ C:. K 0 < 0 ~e \f\' . C, 1\ L- Business Name: )J') 0 ~.{ Y\j Lo c./c""j i'V'-l hJ lI'-. j Cd. Address: 4 f 3 12 c;l S.J- ' } ~ t- h S t-re..e t- City: 1\-Cl.S+; n-'j ~ .. State: j'\'\ ;h'h.. .Zip: ?5-D~3 Home Phone: ~ 3 1-i.f3) -Yl.!rL Work Phone: (PI J. - 110 - 0 7 3 (, Email: rinD S.~V\.4' @NnOS e^7/0c.k.sJOf1.\ Fax; ~ tf~1-2J'-f r cdl r;/~ J / / 0,51- 4-3"1- '134<1 Property Owner (If different from above): Address: City: State: Zip: Home Phone: Work Phone: Email: Fax: Address of Proposed Home Occupation: 413 EGLS~ t }5+v,. Stre.f!:r Legal Description: PID: Zoning Designation: ~ ~ S ~ ~~V\. OL t Do you own or rent this property? () (;0 V\ If you do not own the property, you must attach written permission from the property owner to operate the business at that location. Please fill out this form and the attached questionnaire completely, and return it to the Planning Dept., along with the $250 application fee. The application review will not be scheduled for a Planning Commission meeting until all required materials have been provided. By signing this application, I declare that I have read Chapter 10, Section 10. 12 Subd. 2d of the Hastings City Ordinance, and that all of the information provided to the City of Hastings on this application, or as a part thereof, is true and accurate to the best of my knowledge. .fJ otk., J~ J2i L Signature of Applicant ( ID/ff3/ CJOO(,o Date 2 CITY OF HASTINGS Planning Dept. -101 4th St E, Hastings MN 55033 - Phone 651.480.2350 - Fax 651.437.7082 Home Occupation Questionnaire If additional space is needed to adequately answer any of the following questions, answer on a separate sheet of paper. Please number your answer to correspond with the question. 1. Describe the proposed home occupation: L oclcS ~~'-\- k. S erU; L~ 2. Describe the character of the surrounding properties: , R e 51 ~e~+O- \ 3. Of those who reside in the home, who will be employed in this home occupation and what will their duties be? o \JJ V\:-{ 11 /' 0 p ~ r V'L-+O r 4. Will there be any people employed in the home occupation who do not live in the home? If yes, describe the need for their employment, the number of employees, their duties, and their hours of employment. h o~E:.- 5. In what part of the home will the home occupation be located? How will customers/employees access the area? Go-vC{ J ~ ~ X ~-(r ,'or d bO ," 6. Will the home occupation be carried out in a garage, shed, or any other part of the property other than the home? If yes, describe what activities will take place in the garage/shed and/or what materials and in what quantity will be stored in the garage/shed: y-€s Yl\o..'ht\t\.i I(~Y 5 I (tfC\'V' 10(((5 (').t~~ r 5, '" ",,1\ ; \~"'). ~ ~ t5h ~) (\'Ute, ~ ~~ ~hII)O~ ~, 3 7. What are the intended days and hours of this home occupation? gv C\fpo:h.}l"\-eV\-+ of\l~ O + on I V, o...y l~e. 8. How many customers will visit your home occupation at anyone time, on any given day during any given week? If none, skip to Question 10. O\\~ 1l(({~<L ~V~ 10' i .~ ~ o J 0~ \J 9. Do you have off-street customer parking available at your home occupation? If yes, attach a detailed drawing showing capacity, type of parking surface, and dimensions of parking a ea: 'j!JJj}r 1'\ .e.1 Y.( S a.b D"'- + '5 _l( C CA.r.'> l-\.or'-- 10. I~+~ SfL.- Will the home occupation require or involve any equipment not normally found in the home? If yes, describe the equipment: ~-eS IL~Y \f)j G\ C l. : h. €.- S 11. Will the home occupation involve the sale of merchandise over the counter that is produced off the property? If yes, describe the merchandise to be sold: ~ e-S I b (lc.5 J-- lL e- ~ S 12. How long do you anticipate the home occupation will be operated at this address? \A. V\ k h. 6 tv i,- 13. Are there any interior or exterior alterations required for this home occupation? If yes, describe the interior and/or exterior alterations required: Y\DY\e- 4 14. Will the home occupation produce glare, noise, odor, or vibration that will be noticeable outside the home? If yes, describe: y\DV\.L 15. Do you plan on displaying any signs advertising your home occupation? If yes, attach a drawing of the proposed sign, including the size, materials, color and location of the sign. \^\Dlt\,~ 16. Are there any licenses or permits that are required from any government agencies to legally conduct this home occupation? If yes, list the licenses or permits below: '(\ 0 ~ e.. 17. May the City inspect the property during the time this application is being considered for approval? cJ~S ( 18. List any additional information concerning this home occupation that you believe is necessary for consideration of your application: ;1 010 ~ 1 Cj{r I ~o o V-e.J'''' (0 Lv,^-+c.v- ~ u /-e .) ~o b ;\z $ e y- V v Cz VvY\, 1<- n. tJ W 1'\ By signing this application, I declare that I have read Chapter 10, Section 10. 12 Subd. 2d of the Hastings City Ordinance, and that all of the information provided to the City of Hastings on this application, or as a part thereof, is true and accurate to the best of my knowledge. fak;: J~ Signature of Applicant ~ ID/nIWD~ Date' I 9/28/04 VI-tO Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: November 19, 2007 Subject: Order Public Hearing - Vacation ot Right-ot-Way #2007-53 - Lea Street and 4th Street Right ot Way - Bess Freeman REQUEST The City Council is asked to order a public hearing for the purpose of considering the following actions: Bess Freeman has submitted an application and a petition to the City of Hastings requesting the vacation of the adjacent unimproved street right of way of 4th and Lea Streets. Half of the right-of-ways were vacated in 1999 As there are some utilities in the area, a drainage and utility easement should be retained over the street ROW. The Public Hearing would be held on December 3, 2007, upon approval by the City Council. ATTACHMENTS . Location Map r (l)r ~ c It: / ,,' --:- - M - -- .... - ~!';'; - c: .Q - m 0 I I-- e- O .....l Q) - I-- I-- Cij r-- \ ) - - - '/\ ) I " 7tZ- ;.SSVS Z- - - - 15 , C. ~S V31 .....c' ~ ea ~~ ~ :2 '": ~ ""'1""--- ~~ ~ ~ /-' ~ .---! I-- ~ c: -- ~ -. . ~~ 0 ~ . . _ ....r -. J.S .A31.VS . .. ~ I"f' -- I [I ... w iL- l- ea (I) r- :a:: - (.) ~ - ~ 0 r.Ll W - Z+OO ~S H31A.L ...I T 1 I- (I) ~ w :a:: I- eI) I I- It) ~ (I) - ... c , -- It: - M UJ ~S.A3SWW - ...... I 1 1 I 111 I 1 r I I 1. .... VI-II November 15,2007 TO: The Honorable Mayor and Council FROM: John Grossman, BRA Dir. RE: Order Public Hearing on Acquisition, 1501 Vermillion Summary: Council approval, after a public hearing, is required prior to HRA acquisition of a parcel, if it is to be acquired before a redevelopment project area is authorized. The property at 1501 Vermillion, the former Clark Station, is now listed for sale. The property has been vacant, unused and poorly maintained for at least seven years. These conditions meet the criteria of blight required for acquisition by the HRA. The HRA has made an offer on the property. The HRA requests City Council approval before they execute the Purchase Agreement. Time is important. The HRA will, at a later date, recommend to Council the establishment of a new redevelopment project area on Vermillion Street which will include this property. It will take some time to develop this recommendation. Also, the Council will be considering approval of the Vermillion Street Plan prepared by the EDC. Action: Order a public hearing on HRA acquisition of the property at 150 1 Vermillion for the Council meeting of December 3, 2007. Memo To: Mayor Hicks and City Council From: John Hinzman, Planning Director Date: November 19, 2007 Subject: Authorize Signature: Certificate of Completion - Birchen Enterprises Building - 2654 Millard Avenue REQUEST The City Council is asked to authorize signature of the attached Certificate of Completion for the Birchen Enterprises Building located at 2654 Millard Avenue in the Hastings Industrial Park. The Certificate declares completion of the building construction and improvements required by the original purchase and development agreement in 2001. Completion of the building occurred in 2003 and is now subject of a forthcoming sale. Staff recommends approval signature of the agreement ATTACHMENTS · Certificate of Completion. CERTIFICATE OF COMPLETION WHEREAS, the City of Hastings, Minnesota, a home rule charter city ("City") has conveyed the following described real property to Birchen Enterprises, Inc., a Minnesota corporation (collectively, the "Developer") which conveyance occurred pursuant to a Warranty Deed (the "Deed") dated as of March 9, 2001. and filed with the County Recorder or Registrar of Titles for Dakota County on , as Document No._ Lot 2, Block 1, Hastings Industrial Park Number 2, according to the recorded plat thereof, Dakota County, Minnesota (the "Propeliy"); and WHEREAS, the Deed was given subject to the covenants, conditions, restrictions and provisions of a Purchase and Development Agreement entered into between the City and the Developer on the 9th day of March, 2001 (hereafter referred to as the "Agreement"); and WHEREAS, the Deed and the Agreement contain certain covenants and obligations on the part of the Developer concerning the development of the improvements described therein; and WHEREAS, the Developer has to the present date performed said covenants and conditions insofar as the Developer is able in a manner deemed sufficient by the City to permit the execution and recording of this certification; and WHEREAS, this Certificate of Completion is the Certificate of Completion identified in Section 1 of the Deed; and NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Developer on the above described parcels of property have been completed. This Certificate shall not relieve the Developer of any other obligations of the Developer under the Agreement. Dated: November 19, 2007 CITY OF HASTINGS, MINNESOTA By Its By Its STATE OF MINNESOTA) )ss. COUNTY OF ). . The foregoing instrument was acknowledged before me this ,2007, by and day of , the and of the City of Hastings, Minnesota, a home rule charter city organized and existing under the laws of the state of Minnesota, on behalf of the City. Notary Public This document was drafted by: Bradley & Deike, P.A. 5100 Eden Avenue, Suite 308 Edina, MN 55436 Telephone: (952) 926-5337 MEMORANDUM To: From: Date: Re: Mayor Werner & City Councilmembers Melanie Mesko lee, Assistant City Administrator November 19, 2007 Currency Exchange Application Council Action Requested: Conduct a public hearing and approve a resolution approving a currency exchange license renewal for Wal-Mart. Backaround Infonnation: The City has received an application from the Minnesota Department of Commerce, from Wal- Mart to renew their currency exchange business at their Hastings location. While currency exchange is not specifically addressed in our code book, MNState Statute 53A.04 (s) requires that a local jurisdiction hold a. public hearing and adopt a resolution either approving or denying the request. There is no corresponding City license or fee that goes along with this request. Should the Council choose to apprOve this request, the appropriate resolution and supporting paperwork will be sent up to the State Department of Commerce. If you have any questions, please do not hesitate to let me know. C!~o1 Hastl!'@.s · 101 Fourth Street Ets:it · H8s:llngs.; MN 55033-:1.955 · p:65:1..480-Z350 · 1:65:1.-431-4082 · WiIW.C1.hastJngs.mn..us CITY OF HASTINGS Dakota County, Minnesota Resolution No. 11- -07 Resolution Approving the Application for Renewal of a Currency Exchange License at Wal-Mart Store #1472, 1752 North Frontage Road, Hastings, Minnesota WHEREAS, Wal-Mart Store #1472, located at 1752 North Frontage Road has presented an application to the State of Minnesota to renew their currency exchange license; and WHEREAS, The State of Minnesota requires that a resolution be passed by governing body of the local unit of government, approving or denying the application. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Mayor and City Clerk are authorized and directed to sign this resolution and forward it to the Minnesota Department of Commerce, showing approval of this application for a currency exchange license renewal at Wal-Mart Store #1472, located at 1752 North Frontage Road, Hastings, Minnesota. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 19TH DAY OF NOVEMBER, 2007. Ayes: Nays: Absent: Attest: Paul J. Hicks Mayor Melanie Mesko Lee City Clerk SEAL VII-2 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: November 19, 2007 Subject: Public Hearing - Rezoning #2007-45 - R-2 to C-3 - Property located south of 25th Street on Highway 61 REQUEST The City Council is asked to hold a Public Hearing for a rezone of property located south of 25th Street on Highway 61. Carolyn Horsch and Jeanne Horsch have applied for a rezone of property legally described as lots 3 to 5, Block 6 & lot 10 Block 6 EX PT E of HGWY 10 6, TOWN OF VERMilLION, Dakota County, Minnesota. The property is generally located south of 25th Street on the west side of Highway 61. The property is approximately 10,400 square feet in size. No new development is proposed for the subject property at this time. RECOMMENDED ACTION - Denial The Planning Commission met on the aforementioned item on October 22, 2007. Planning Commissioners concurred with Staffs recommendation to recommend denial of the rezone request due to the following: 1) The subject property is not adjacent to existing commercial uses. 2) There is no direct access to the property from Highway 61. 3) The small size and irregular shape of the property appears to preclude commercial development. 4) The low grade of elevation makes development difficult. 5) Rezoning the property would allow a future commercial business to be located in close proximity to residential properties. Two members of the public spoke against the issue at the October 22,2007, meeting. Dan Mattimiro, owner of 114 W. 25th Street, spoke to the issue. He requested that the property not be rezoned to commercial. Mr. Mattimiro stated that during a tour of the corridor held last year, it was positively noted that the zoning was consistent along that section of Vermillion Street. As such, a rezone at this time would make the zoning inconsistent. Mr. Mattimiro stated his desire to maintain the integrity of the land as-is. Jacob Hiniker, owner of 105 25th Street West, spoke to the issue. Mr. Hiniker informed the Planning Commission that he purchased the home three and a half years ago. His backyard backs up to the property proposed to be rezoned. Mr. Hiniker stated that the neighborhood has a lot of kids and his own kids play in the vacant lot. Mr. Hiniker also stated that he does not want the property rezoned commercial now, but perhaps in the future. He also informed the Planning Commission that he maintains the lawn by mowing it and keeping it clean. Commissioners voted 6-0 to recommend denial subject to the conditions of the attached resolution. Please see attached minutes for further information. ATTACHMENTS . Resolution · Location Map . Planning Commission Minutes - October 22,2007 . Application BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates this property as Commercial. Adjacent Zoning and Land Use Direction ExistinQ Use ZoninQ Comp Plan North Residential R-2 - Residential C- Commercial East Hastings Terrace C-2 Highway Auto C- Commercial Specialized Commerce South Highway 61 Ramp ROW Right of Way ROW Right of Way West Residential R-2 - Residential U-II Urban Residential Existing Condition There are no structures currently on the site. The site is .17 acres or 10,400 square feet. The property is low lying and about ten feet below grade of neighboring properties. Access There is no access to the site from Highway 61 or from neighboring properties. It is unlikely an access would be granted from Highway 61. Purpose The applicants seek the rezoning in order to allow for future commercial development. However, no development is proposed at this time. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS DENYING THE REZONING REQUEST OF CAROLYN HORSCH AND JEANNE HORSCH ON PROPERTY GENERALL Y LOCATED WEST OF VERMILLION STREET, SOUTH OF 25 TH STREET, HASTINGS MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, Carolyn Horsch and Jeanne Horsch have petitioned to rezone property from R-2, Medium Density Residence to C-3 - Community Regional Commerce. The subject property contains approximately 7,556 square feet and is generally located west of Vermillion Street and south of 25th Street legally described as follows: Lots 3 to 5 Block 6; excluding Vermillion Street right-of-way easements, Dakota County, Minnesota; and WHEREAS, on October 22, 2007, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended denial of the request to the City Council subject to the findings of fact contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby concurs with the opinion of the Planning Commission and hereby denies the rezoning as requested subject to the following findings of fact: 1) The subject property is not adjacent to existing commercial uses. 2) There is no direct access to the property from Highway 61. 3) The small size and irregular shape of the property appears to preclude commercial development. 4) The low grade of elevation makes development difficult. 5) Rezoning the property would allow a future commercial business to be located in close proximity to residential properties. Council member moved a second to this resolution and upon being put to a vote adopted by _ present. Ayes: _ Nays: _ Absent: ATTEST: Paul J. Hicks Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th of November, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 10 14th St. East Hastings. MN 55033 c.. ca ~ c: 0 Lil -- z+~ ...... ca (J ~ 0 ..J CD ...... -- en ~-t City of Hastings Planning Commission Minutes - October 22, 2007 Page 1 of3 Hastings Planning Commission October 22, 2007 Regular Meeting 7:00 p.m. Chair Truax called the meeting to order at 7:00 p.m. 1. Roll Call Commissioners Present: Staff Present: Hiedeman, McInnis, Peine, Schmitt, Stevens, Truax, Zeyen Associate Planner Fortney Associate Planner Kari Barker 2. Approval of Minutes - October 8, 2007 Motion by McInnis to approve the October 8,2007, meeting minutes. Seconded by Stevens; motion passed unanimously. Public Hearings 3. Carolyn Horsch - Rezoning #2007-45 - R-2 - Medium Density Residence to C-3- Community Regional Commerce - West Side of Vermillion Street South of 25th Street. Associate Planner Barker gave a staff report. Chair Truax opened the public hearing at 7:03. Carolyn Horsch, property owner, spoke to the issue. She stated that her purpose for requesting the rezone was to sell the property to get her trust in order. Ms. Horsch also stated that she felt the property would sell better if it was rezoned to commercial. Chair Truax asked Ms. Horsch if she had received advice from a realtor that rezoning the property would be better. Ms. Horsch stated she had not. She stated that the property was a piece leftover from property across Highway 61. Ms. Horsch stated she did not want to leave a mess for her children to deal with. Commissioner Schmitt stated he could see beyond the first four reasons staff was recommending denial. However, he stated his greatest concern was the fifth condition regarding commercial property next to a residential property. He asked if the City has plans for a master redevelopment of the area. Associate Planner Barker stated that the City did not have plans for a master redevelopment though it was zoned as Commercial in the Comprehensive Plan. She stated that the City would prefer the property to come forward as part of a larger rezone. City of Hastings Planning Commission Minutes - October 22, 2007 Page 2 of3 Commissioner Schmitt stated that if the property will eventually come in as commercial as it is guided by the Comprehensive Plan as such, he is no longer opposed to the rezone. Commissioner Schmitt made a motion to recommend approval. Planning Associate Fortney advised Chair Truax to close the public hearing. Chair Truax invited members of the audience to speak to the issue. Dan Mattimiro, owner of 114 W. 25th Street, spoke to the issue. He requested that the property not be rezoned to commercial. Mr. Mattimiro stated that during a tour of the corridor held last year, it was positively noted that the zoning was consistent along that section of Vermillion Street. As such, a rezone at this time would make the zoning inconsistent. Mr. Mattimiro stated his desire to maintain the integrity of the land as-is. Jacob Hiniker, owner of 105_ 25th Street West, spoke to the issue. Mr. Hiniker informed the Planning Commission that he purchased the home three and a half years ago. His backyard backs up to the property proposed to be rezoned. Mr. Hiniker stated that the neighborhood has a lot of kids and his own kids play in the vacant lot. Mr. Hiniker also stated that he does not want the property rezoned commercial now, but perhaps in the future. He also informed the Planning Commission that he maintains the lawn by mowing it and keeping it clean. Chair Truax asked Mr. Hiniker if his driveway was on the back of the property proposed to be rezoned. Mr. Hiniker confirmed it was. Chair Truax closed the public hearing at 7: 14. Chair Truax stated putting an access on Highway 61 was unsafe and ridiculous. Stevens asked if there was a 2nd to the motion. Chair Truax stated there was not. Commissioner McInnis stated that perhaps the applicant for the rezone and Mr. Hiniker could collaborate together and discuss a purchase agreement for the property. Commissioner McInnis stated he was going to agree with staffs recommendation to deny the rezone based on access limitation and that the property could not be sold as commercial. Chair Truax asked for a 2nd to the Commissioner's Schmitt's earlier motion. Hearing none, Chair Truax stated that the motion died. Action by Planning Commission: Motion by McInnis to deny the rezone request for Carolyn Horsch based on staffs recommendation. Seconded by Zeyen. Upon vote taken, Ayes 6, Nays 1. Motion carried. The rezone request was denied. ft JCXJ7-L{~ 'lOt LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 101 4th St E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082 Address of.~r~perty: e.. :~tU~5 lyi~ em vJ€..St- ~\de...{- aJ~~ Hwy rof S()~ {,t 25: ~ Descnphon of ~~~~ . (P. .'Z.on~ f~PU-~ Q c; c...()Yl'\I"l'\&UI~ loT 6~w I-~pplicant Nam.c:nlL"\~ ~~~ Iff~;,ty owne'~~ ~ < f. ,4~CJ\ Address: ~ ~ d "A-t' ~ Address: Id..S.s (>. Al Jc.J 'R","~G\.ph )rn\JY\.N\ s~(..,{"s.- H-.Ii--=>L'iQf vnn -5cSol> 3 Phone: I - 5c:, 'I - ~ lo ~ - ~ 'I i 3 Phone: to5/ -<I- 3.'J -fj-tJ fI6~. Fax: Fax: Email: Email: Le..~cU Desex- j p~'Or.\ : D Cliptioll d Rcquc3t:'-- Cx2. ',JY\CW\ & the units Check Applicable Line(s) )(.. Rezone $500 Final Plat $600 Variance $250 Vacation $400 House Move $500 Prelim PIa t $500 + escrow Site Plan $500 + escrow Please Note! All Fees and Escrows are due at time of application. Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Almexation $500 plus legal expenses EA W $500 plus $1,000 escrow Please see reverse side for escrow amounts required. Total Amount Due: $ 500.ffi Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this a lication for information. q -;t-2> -;)00') Date Afflli ~oue-A 9-J-t-07 Date wner Signature ... Applicant Name and Title - Please Print OFFICIAL USE ONLY File # ~W 7-1.{ <; Rec'd By: :Jtl/l)tMV/J Fee Paid: (J/tcf) Receipt # Owner Name - Please Print Date Rec'd: _ q/C)<6107 App. Complete ____ 03/28/05 Memo VII-3 To: Mayor Hicks and City Council From: Justin Fortney, Associate Planner Date: November 19, 2007 Subject: Public Hearing - Vacation of Easement #2007-49- Riverwood 8th Addition - Woodland Drive REQUEST The City Council is asked to hold a public hearing to vacate a drainage and utility easement platted as part of Riverwood 8th Addition. The drainage and utility easement exists over the entirety of lot 1, which is the common area that surrounds all 8 buildable lots. The applicants wish to replat the 9 lots into 8 larger lots, which will place them slightly over the surrounding blanket easement of lot one. This overlap is not allowable so they wish to vacate the entire easement and reestablish it as the lots are replatted. REVIEW The applicants have also submitted an application for replat and site plan approval, which was recommended for approval by the Planning and Zoning Commission on November 13, and to be forwarded to the City Council's November 19, 2007 meeting. A revised easement would be immediately dedicated as part of the Riverwood 10th Addition Plat. ATTACHMENTS . Resolution · Location Map . Proposed replat HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING A PUBLIC DRAINAGE AND UTILITY EASEMENT ACROSS LOT 1, BLOCK 6, RIVERWOOD 8TH ADDITION, DAKOTA COUNTY, MINNESOTA GENERALLY LOCATED SOUTH OF WOODLAND DR BETWEEN RIVERWOOD DR AND SOUTH POINT DR. Council member Resolution and moved its adoption: introduced the following WHEREAS, Siewert Construction has initiated consideration to vacate a public drainage and utility easement shown on lot 1 ,Block 6 Riverwood 8th plat WHEREAS, a Public Hearing on the proposed vacation was held before the City Council of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate said easements as legally described above is hereby approved. Council member moved a second to this resolution and upon being put to a vote it was adopted by all Council Members present. Adopted by the Hastings City Council on November 13, 2007 by the following vote: Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of November 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 Site Location Map 'i \\+10 ~ Easements of plat to be vacated (as indicated by Qray area): 7TH " ~ 'r--_ ; '..........- / j-....- ~ I r "- ~ " I 1 -,,_ ...~ / --- I .... t :: --'-... I r.......... ......"""_....... 8 -............ ......-.. ~j"'~ .....,-- ; ~ '---..~ ---, 'Ai ~ -......-..... '''OOD '---.. '---. '- -- -- '- 'l..A.AjD ---'___'---" ...........-_..._ ~~ -~~-~ DFrlllr' ---.. - ----.--- .. (.;; f-~~. f~ -"--. " , . q-- "-- (t4fr t -. ~l1(00c-~ ~ ...... ............-...,. RIVER WOOD ADDITION RIVt/f WOOD 8'17 -4DD/'170tv ;c " CO Q~ 0;::: ~~ Q::8 !!}~ ii2 10 " " " " " " VIII-A-l MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery November 13,2007 Vermillion Street Historic Walls - Operations Committee Recommendation The Operations Committee will be meeting prior to Monday's Council meeting to discuss funding options for the Vermillion Street historic retaining wall repairs. I will present the Operations Committee's recommendation at the City Council meeting for Council consideration. MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery November 19,2007 Historic Vermillion St. Retaining Walls Vermillion St. Wall Repair There are eight properties requiring some form of wall repair and the City's share of the historic wall reconstruction is about $528,000. The wall repair costs for each of the eight properties ranges from $3,000 to $370,000. All of the eight properties are included in the proposed 2008 North Vermillion St. area street and utility improvement project, which also includes curb and gutter and paving for those alleys with historic walls. These eight properties face assessments ranging from $2,000 to $9,900 for the City's street improvement project. Staff is proposing to fund the entire cost of the wall repair cost through bonding as part ofthe 2008 North Vermillion St. area construction improvement bond for the following reasons: 1. When new retaining walls are constructed as part of the City's annual improvement program, property owners do not incur an additional assessment because a wall was constructed in front of their property. 2. The City needs the eight property owners to grant temporary easements to the City so that the walls can be repaired. 3. Once the walls are repaired, the City will turn the future maintenance responsibility back to the homeowners. This is similar to the LeDuc Mansion funding from the MN Historical Society; $1 million in restoration funding was granted under agreement that all future maintenance and restoration costs would be a local responsibility. 4. These historic walls are an important City amenity that should be preserved. Failure to receive temporary construction easements from all eight properties may result in sections of the wall continuing to deteriorate and fail. 5. If the wall repair cost were assessed, the resulting assessment burden against some of the eight properties may be extremely high. I have enclosed files showing the eight properties involved and the associated wall repair improvement costs, and a map of the proposed 2008 North Vermillion area improvement project. I have also enclosed a file showing various wall repair assessment options, illustrating the amount of assessments these eight properties would face depending upon what percentage of the wall repair would be assessed. Vermillion Street Wall Repair Wall Repair Project Cost. and Local Street Improvement Assessment Cost ern' OF HASTINEiS N .. . . W E . . S - Feet 250 50C o 62.5 125 375 Vermillion Street Walls Estimated Quantities - Revised 11.01.07 City ROW MnDOT ROW Proj Cost City Street Impr Address Constr Cost Constr Cost Subtotal (20% Overhead) Proiect Asmt 119 Seventh Street $2,780 $2,780 $3,336 $4,500 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 612 Vermillion $129,889 $99,021 $228,916 $274,699 $5,700 706 Vermillion $123,927 $187,872 $311,799 $374,159 $9,900 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 807 Vermillion $25,332 $13,060 $38,392 $46,070 $7,920 Vermillion Street WaIls Estimated Quantities - Revised 11.01.07 Estimated Wall Total Wall Repair Cost $ 872,183 Less Local Street Walls $ 414,018 Remaining Vermillion St. Walls $ 458,165 Less Federal TEA 21 Grant $ 230.000 $ 228,165 Less 50% MnDOT Cost Share $ 114,082 Remaining City Share of Wall Repair $ 114,082 Total City Wall Repair Cost Local Street Walls $ 414,018 City Share of Verm St. Wall Repair $ 114,082 TOTAL $ 528,100 Vermillion Street Walls Estimated Quantities - Revised 11.01.07 Option - Do Not Assess Waif Repair City ROW MnDOT ROW proj Cost City Street Impr No Wall Repair Total Estimated ~ Constr Cost Constr Cost Subtotal (20% Overhead\ Prolect Asmt Assessment Assessment 119 Seventh Street $2,780 $2,780 $3,336 $4,500 $4,500 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 $9,900 612 Vermillion $129,889 $99,027 $228,916 $274,699 $5,700 $5,700 706 Vermillion $123,927 $187,872 $311,799 $374,159 $9,900 $9,900 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 $1,980 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 $4,875 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 $3,960 807 Vermillion ~ $13060 $38,392 $46070 $7,920 $7,920 $345,015 $381,804 $872,183 Option - 20% Assessment City ROW MnDOT ROW proj Cost City Street Impr 20% of Wall Repair Total Estimated Address Constr Cost Constr Cost Subtotal 120% Overhead) Prolect Asmt Cost Assessment Assessment 119 Seventh Street $2,780 $2,780 $3,336 $4,500 $667 $5,167 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 $20,280 $30,180 612 Vermillion $129,889 $99,027 $228,916 $274,699 $5,700 $54,940 $60,640 706 Vermillion $123,927 $187,872 $311,799 $374,159 $9,900 $74,832 $84,732 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 $3,288 $5,268 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 $2,747 $7,622 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 $8,469 $12,429 807 Vermillion $25,332 $13,060 $38,392 $46,070 $7,920 $9,214 $17,134 $174,437 Option - 10% Assessment City ROW MnDOT ROW proj Cost City Street Impr 10% of Wall Repair Total Estimated Address Constr Cost Constr Cost Subtotal 120% Overhead) Prolect Asmt Cost Assessment Assessment 119 Seventh Street $2,780 $2,780 $3,336 $4,500 $334 $4,834 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 $10,140 $20,040 612 Vermillion $129,889 $99,027 $228,916 $274,699 $5,700 $27,470 $33,170 706 Vermillion $123,927 $187,872 $311,799 $374.159 $9,900 $37,416 $47,316 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 $1,644 $3,624 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 $1,373 $6,248 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 $4,234 $8,194 807 Vermillion $25,332 $13,060 $38,392 $46,070 $7,920 $4,607 $12,527 $87,218 Option - 5% Assessment City ROW MnDOT ROW Proj Cost City Street Impr 5% of Wall Repair Total Estimated Address Constr Cost Constr Cost Subtotal 120% Overhead) Proiect Asmt Cost Assessment Assessment 119 Seventh Street $2,780 $2,780 $3,336 $4,500 $167 $4,667 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 $5,070 $14,970 612 Vermillion $129,889 $99,027 $228,916 $274,699 $5,700 $13,735 $19,435 706 Vermillion $123,927 $187,872 $311,799 $374,159 $9,900 $18,708 $28,608 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 $822 $2,802 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 $687 $5,562 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 $2,117 $6,077 807 Vermillion $25,332 $13,060 $38,392 $46,070 $7,920 iL.3M $10,224 $43,609 Option - 2.5% Assessment City ROW MnDOT ROW proj Cost City Street Impr 2.5% of Wall Repair Total Estimated Address Constr Cost Constr Cost Subtotal 120% Overhead) Prolect Asmt Cost Assessment Assessment 119 Seventh Street $2,780 $2,780 $3,336 $4,500 $83 $4,583 602 Vermillion $25,125 $59,375 $84,500 $101,400 $9,900 $2,535 $12,435 612 Vermillion $129,889 $99,027 $228,916 $274,699 $5,700 $6,867 $12,567 706 Vermillion $123,927 $187,872 $311,799 $374,159 $9,900 $9,354 $19,254 715 Vermillion $5,600 $8,100 $13,700 $16,440 $1,980 $411 $2,391 718 Vermillion $7,710 $3,735 $11,445 $13,734 $4,875 $343 $5,218 800 Vermillion $24,652 $10,635 $35,287 $42,344 $3,960 $1,059 $5,019 807 Vermillion $25,332 $13,060 $38,392 $46,070 $7,920 1!.ill $9,072 $21,805 VIII-B-l Memo To: Mayor Hicks and City Council From: Kari Barker, Associate Planner Date: November 19, 2007 Subject: Resolution: Deny Ordinance Amendment #2007-45 - Rezoning #2007-45 - R-2 to C-3 - Property located south of 25th Street on Highway 61 REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-2 Memo To: Mayor Hicks and City Council From: Justin Fortney, Associate Planner Date: November 19, 2007 Subject: Resolution: Vacation of Easement #2007-49 - Riverwood 8th Addition - Woodland Drive REQUEST Please see the Public Hearing Staff Report for further information. Memo VIII -B-3 To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: November 19, 2007 Subject: Preliminary/ Final Plat and Site Plan Approval #2007-48 -Riverwood 10th Addition - Woodland Drive - Siewert Construction REQUEST Siewert Construction seeks the following: 1) Preliminary and Final Plat approval to replat the 8 buildable lots and 1 common lot into 7 slightly larger buildable lots and one common lot, forming Riverwood loth Addition. The common lot will be owned by the association and contain a blanket drainage and utility easement. 2) Site plan approval to construct a three and four-unit townhome building. The property is generally located between Southpoint Dr and Riverwood Dr, south of Woodland Drive RECOMMENDED ACTION The Planning Commission met on the aforementioned item on November 13, 2007. No members of the public spoke for or against the item. Todd Siewert, applicant, explained they are replatting the property due to market changes. Commissioners voted 5-0 to recommend approval of the preliminary/ final plat. Commissioners voted 5-0 to recommend approval ofthe site plan with the following added condition: · Overhangs or gables must be added over the middle two decks in addition to the existing proposed gable overhang on the right side. ATTACHMENTS · Resolution- Plat · Resolution- Site Plan · Location Map · Aerial photo . Replat . Elevations · Application BACKGROUND INFORMATION Comprehensive Plan Classification The 2020 Comprehensive Plan designates the property as U-IT Urban Residential, with 4-8 units/acre. The proposed use is consistent with the Comprehensive Plan. Zoning Classification The subject property is zoned R-3 PRD, Medium High Density Residence Planned Residential Development. The proposed use is consistent with the zoning. Adjacent Zoning and Land Use The following land uses abut the property: Direction North East South West Existin2 Use Woodland Drive- townhomes vacant- proposed townhomes vacant- proposed townhomes Residential- townhomes Zonin2 R-3 PRD R-3 PRD R-3 PRD R-3 PRD Comp Plan U-IT Urban Res. U-II Urban Res. U-II Urban Res. U-II Urban Res. Existing Condition The site is predominately flat and open. The site has been graded and the street, curbs, and 8 water and sewer stubs have been installed. History In 1998, Development Plans were reviewed and approved for the Riverwood Development. The plans for Riverwood loth Addition are consistent with these plans. The density of the proposed units has decreased from its original platting as part of Riverwood 8th Addition. The townhome units were originally platted to be 2 four-unit buildings. The townhomes are now a four and three-unit building. PRELIMINARY AND FINAL PLAT REVIEW Request Siewert Construction requests preliminary and final plat review for Riverwood lOth Addition. Riverwood 10th Addition would be formed byre-dividing Lots 1 through 9, Block 6, ofRiverwood 8th Addition into 8 lots. Streets and Utilities Their will be no changes or effect to Woodland Drive. As the curb is surmountable there are no driveway curb cuts to relocate. Since water and sewer lines were stubbed-out for 8 units, one sewer line stub must be removed. The extra waterline could be used for irrigation purposes. Vehicular Access and Circulation Access and circulation will be further reviewed as a part of Site Plan approval. Pedestrian Access and Circulation Pedestrian access and circulation will be further reviewed as a part of Site Plan approval. Grading, Drainage, Erosion Control, and Utility Plan The City's consultant engineer has reviewed the Grading, Drainage, Erosion Control, and Utility Plans. Approval of the Preliminary and Final Plat is subject to approval ofthe Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Interceptor Sewer Fee Sewer interceptor fees have been paid for the 8th Addition. Since this proposed replat does not increase the number of units no additional sewer interceptor fees will be required. Parkland Dedication 1) Parkland dedication fees have already been paid. 2) One front yard tree and one boulevard tree must be planted for each unit. Pedestrian Access Sidewalks and trails are not required on Woodland Drive. Parking All units will have a two-stall garage, plus a driveway capable of parking two additional vehicles. SITE PLAN REVIEW Zoning Setbacks The proposed setbacks are acceptable and consistent with other homes in the area. Access and Circulation Access and circulation is adequate. Pedestrian Access No pedestrian access improvements are required. Parking Parking is acceptable. All units would have a two-stall garage, plus a driveway capable of parking two additional vehicles. Architectural Elevations The buildings incorporate varying rooflines, vinyl lap and shake siding, and stonework. The architectural elevations are acceptable. Landscape Plan A landscape plan has been submitted for Riverwood lOth Addition. The landscape plan is acceptable subject to the following: 1) Boulevard trees must be planted every 50 feet along Woodland Drive. 2) Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 3) All landscaped areas must be irrigated. Signage Signage has not been indicated on the site plan and would be administratively permitted under a separate sign permit application. Although sign permit review would take place after site plan approval, the following regulations are applicable: The monument sign is limited to 50 square feet in size and must be no greater than 5 feet high. Grading and Utility Plans Preliminary Grading and Utility Plans have been submitted for cursory review. The applicant must obtain formal approval ofthe Grading and Utility Plans by the Public Works Director as a condition for approval. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING PRELIMINARY AND FINAL PLAT APPROVAL FOR RIVERWOOD 10th ADDITION Council member moved its adoption: introduced the following Resolution and WHEREAS, Siewert Construction has petitioned for Preliminary and final Plat approval of Riverwood lOth Addition, a townhome unit development consisting of 8 lots with 7 units, and 1 lot will be commonly owned by the association. The property is generally located south of Woodland Dr between Riverwood Dr and Southpoint Dr legally described as Lots 1-9, Block 6, Riverwood 8th Addition; and WHEREAS, on November 13, 2007, 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 subject to the conditions of this resolution; 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 Preliminary and Final Plat as presented subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated November 13, 2007. 2. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3. Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees involved in plan review. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 4. The 8th sanitary sewer stub must be removed. 5. The 8th waterline stub must by removed or used for irrigation purposes. 6. One boulevard and front yard tree must be planted in front of each unit. 7. The developer shall have a separate water line and meter installed for all irrigation systems. 8. Execution of a development agreement at the discretion ofthe Planning Director to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities prior to issuance of any building permits. 9. Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 10. The Final Plat must be submitted for recording with Dakota County within one year of City Council approval, or the approval is null and void. 11. Driveways shall be constructed as depicted on the civil plans to include driveway separation. 12. A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release ofthe final plat mylars for recording to ensure maintenance of open space, median plantings, cul-de- sac plantings, common drives, and common utilities. The declaration shall include, but is not limited to, the following: (a) A statement requiring the deeds, leases or documents of conveyance affecting buildings, units, parcels, tracts, townhouses, or apartments be subject to the terms of the declaration. (b) A provision for the formation of a property owners association or corporation and that all owners must be members of said association or corporation which may maintain all properties and common areas in good repair and which may assess individual property owners proportionate shares of joint or common costs. The association or corporation must remain in effect and may not be terminated or disbanded. (c) Membership in the association shall be mandatory for each owner and any successive buyer. (d) Any open space restrictions must be permanent and may not be changed or modified without city approval. (e) The association is responsible for liability insurance, local taxes and the maintenance of the open space facilities deeded to it. (f) Property owners are responsible for their pro-rata share of the cost of the association by means of an assessment to be levied by the association which meet the requirements for becoming a lien on the property in accordance with Minnesota Statutes. (g) The association may adjust the assessment to meet changing needs. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Adopted by the Hastings City Council on November 19,2007, by the following vote: Ayes: Nays: Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th day of November, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL FOR CONSTRUCTION OF TOWNHOMES SOUTH OF WOODLAND DR BETWEEN RIVERWOOD DR AND SOUTHPOINT DR ON LOTS 1- 8, BLOCK 1, RIVERWOOD 10TH ADDITION Council member moved its adoption: introduced the following Resolution and WHEREAS, Siewert Construction has petitioned for site plan approval to construct 7 townhomes located south of Woodland Dr between Riverwood Dr and Southpoint Dr on Lots 1- 8, Block 1, Riverwood loth ADDITION, Dakota County, Minnesota; and WHEREAS, on November 13, 2007, the Site Plan was reviewed by the Planning Commission ofthe City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented to the City Council subject to the following conditions: 1) Conformance with the plans submitted with the Planning Commission Staff Report dated November 13, 2007. 2) Any signage will require a separate sign permit. 3) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 4) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 5) Final approval ofthe development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 6) Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to issuance of certificate of occupancy. 7) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 8) Boulevard trees must be planted every 50 feet along Woodland Drive. 9) Any uncompleted site work (including landscaping) must be escrowed for at 125 percent of estimated valuation prior to issuance of a certificate of occupancy. 10) All landscaped areas must be irrigated. 11) Overhangs or gables must be added over the middle two decks in addition to the existing proposed gable overhang on the right side. Council member a vote adopted by _ present. moved a second to this resolution and upon being put to Ayes: _ Nays:_ Absent: ATTEST: Paul J. Hicks, Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 19th of November, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 Site Location Map "i \\+F S j- :< ~+~ o - a. ,.... o ,... )> o o .............. :::t o z...:....... .... '-J -I :r: :::0 ~ < fT1 ::;0 =E o o o z (D ~ ,.... o ,... ,.... -. :J (D (/) ,.... ~ ~ ::r; ~ o g Q) S! .:b. .<::1 !;! :::I ~ .~ --'- o .:>" I / f ..........,L l'.......... ~~...~-- /' J ---, -- --l> I .?a I J I 28 ~/ 0... . .0..... / (:5' r/ ~'/ I # I , C:1 ,I ;:01 ......-;: r ~I , I ii ! $...fii / / I.! I' I /II I q I I <".!>: / i <lJ I / I I ! I I I j I ! / I I I I I I I I I I I I I I I I l I I f f I I I f I I I I I ! R... .,~ . YVcIf ...... . .... .... WOOD. A.DD/~.. . 8'1i .. 17 ON ~- ; 1'1 pJ 10 ~jz ~l-l a.l f11 iI. J It 'WI 11< (J' :l~ 1- o Z -_.__._~:": 1I! j ~ <;l The applicant has stated there will be decks added to the back ofthese units ~ . .1""''''....__ I.' 1-, '11 l ~ " " " " .. ~ , .. .. .. II H 'lr"'" H Ii irm' ,. 'I, . ~ , .. " L: ! ~ ~ -....----.".,...........-....-.. .... 'r<<'"' i 4 , ,~t "I~ .~ ~ ~ I I II j-i .... ~ t " ,. '"' -" i ,--- ,", .. .. . S4 " " " " .. .. .. . ~. . .. " " . " .. 'E'I " .. "J .u. , . n~~",,,,.~ . rfn. ,....1 ~. , f.f . . r::=- '~ ~ . D~:~:: .~-~._-~--'---"-.:.~.-.._. .---- ~ I i . . ~ ! . . .. ._m_.___.......__.___....__ .....~, ~ i ~ -0' j I~ IZ *..J \ ' , -.-.--. 'fIi !r . ijM 01< ']p H o Z ~ .....0 1l I ! :! ;;)()J7-L{ If LAND USE APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: Mt!Jt1 4 nd Ar/ V f' Legal Description of Property; ;ttt/c/2t-r/t1al Phone Fax Email ~'u;cd- ~sikJz0J Cj~!J I-/uJ. .s: ~uJt' --211 ~ &,€)/ - L/:r7- :?T3~ ~5/- 437- f/7/t, Owner (If different from Applicant): Name Address Applicant: Name Address Phone Fax Email Description of Request (include site plan, survey, and/or plat if applicable): j) ,f~j /0';;:_.# ~ib a/r;-,r ~0nd .JhVP :frtI>r? B f;J;A./htk._ /6k_ _ "7 -/D_tl/lFl/\-C /6__. Check applicable box(es): Note: All fees and escrow amounts due at time of application. $600 $500 $500 $500 $250 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5,000 -10,000 s.f.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) Administrative lot Split Comp Plan Amendment House Move lot line Adjustment Vacate ROW/Easement 'X Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat $50 $500 $500 $50 $400 .~ x Site Plan TOTAL: Signature of Owner Date -07 Applicant Name and Title - Please Print --rf>(:)]J StB4C4Z.-t LeO. Owner Name - Please Print Official Use Only File # .:JO()~A5f Fee Paid DA' Rec'd By: ,iH;1\ z,;1"............ Receipt # f. 6 Y. JS Date Rec'd App. Complete {o/Ifllo? 4123/2003 City of Hastings Parks & Recreation Department 920 W 10th St. Hastings, MN 55033 Ph: (651) 480-6175 Fax: (651) 437-5396 www.ci.hastings.mn.us Aquatic Center 901 Maple St. Hastings. MN 55033 Ph: (651) 480-2392 Fax: (651) 437-5396 Civic Arena 2801 Redwing Blvd. Hastings. MN 55033 Ph: (651)480-6195 Fax: (651) 437-4940 VIII-C-2 MEMO Date: 11/13/2007 To: Honorable Mayor and Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Park Comprehensive Plan I have invited Jeff Schoenbauer from Brauer & Associates to present the 2008 version of the Park Comprehensive Plan. This plan has been in development for the past 7 months and has had a variety of local input. In addition, the Parks and Recreation Department has conducted two open houses to ensure we receive public option and input. Jeff and I would welcome comments. REF: City Council! Park Comp Plan 2 2007 VIII -C-3 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator November 15,2007 Rural Fire Association Agreement RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the enclosed agreement with the Rural Fire Association. BACKGROUND On Tuesday October 301\ 2007 members ofthe Public Safety Committee conducted a meeting to review the final draft of the Rural Fire Association agreement. Since that time, provisions have been added relating to insurance and indemnification. The balance of the agreement is essentially the same as that which was reviewed by the members of the Public Safety Committee. The proposed agreement has a variety of changes from the agreement the City and Rural Fire Association have been working under during last several years. Staff will attempt to highlight some of the more significant changes. 1.) The payment schedule for years 2008 through 2012 are spelled out in the agreement, and represent a 4.00% annual increase. ill the prior agreement, the annual adjustment was based on a cost ofliving factor that generally was in the 3.00 % range. The 2007 rate paid by the Rural Fire Association was $248,091. The 2008 rate will start at $425,000. 2.) The City and Rural Fire Association will conduct an annual meeting to discuss issues either party may be having with the agreement, service levels or other topics that warrant discussion. The prior agreement did not include such a requirement. 3.) The term of the agreement will be for a five year period. 4.) The agreement more clearly defines the responsibilities of each party. Of particular interest is the requirement under "City Responsibility (f), which requires the City to review, with the Rural Fire Association's assistance, fire protection options, in the initial year of the agreement. ill particular the Rural Fire Association will be interested in determining what options may be available to assist with lowering of the ISO rating. This assessment will be completed in the first year only, unless there are some significant changes that warrant further study in subsequent years of the agreement. 5.) The agreement contemplates the possible closure, and pending maintenance of the Highway #61 Bridge. 6.) Payment by the Rural Fire Association will be made twice per year, in both July and December. Regarding Section (11.), City Attorney Dan Fluegel and I are still working on some additional language that we would like to include in the agreement, that suggests the City agree to provide the necessary indemnification, etc, provided there is nothing done by the Rural Fire Association or its members that is negligent, etc. We hope to have that language before the meeting on Monday November 19, 2007. The Public Safety Committee has had conducted several meetings on this topic throughout the last several months, and is comfortable with recommending to the full City Council that action be taken to approve the agreement. Should the City Council approve the agreement, the Rural Fire Association will be asked to do the same, thus assuring closure ofthis topic prior to the end of2007. Fire and Ambulance Services Contract This contract is made and entered into this day of 2007 between the City of Hastings, a Minnesota Municipal Corporation, hereinafter referred to as the "City" and the Hastings Rural Fire Association, which consists of the following communities: City of Vermillion Marshan Township Denmark Township Ravenna Township Nininger Township Vermillion Township All are located with Dakota County, with the exception of Denmark Township, which is located in Washington County. Hereafter, they will collectively be referred to as the "Association." In consideration of the mutual promises and agreements hereinafter set forth, the parties do hereby agree as follows: 1.) Fire and Ambulance Service. The Association agrees to purchase from the City, and the City agrees to provide the Association the following fire and ambulance servIces. Structural Firefighting General Firefighting Emergency Medical Services Disaster Response Grass/Forest Firefighting Rescue Hazardous Material Response (limited) a. Allocation of Resources. The parties understand the Fire Department officer in charge of the particular scene shall exercise judgment to determine, in consideration of all the established policies, guidelines, procedures and practices, how best to allocate the available resources of the Fire Department under the circumstances of a given situation. Failure provide fire or ambulance services because of poor weather conditions or other conditions beyond the control of the City shall not be deemed a violation of this contract.. b. No Guarantee. The parties understand and agree the City will endeavor to provide the services indicated above to the best of its ability given the circumstances, but the City makes no guarantees that the services it actually provides in any given situation will meet any particular criteria of standard. c. Other. The City, through its Fire and Ambulance Department will answer calls and respond to fire and ambulance calls within the territorial limits of the Association during the term of this contract. The entire Association is included in the Primary Service Area, which may only be changed pursuant to Minnesota Statutes. To the extent that it is allowed, the Association hereby consents to all the Fire and Ambulance Department to conduct inspections of Association properties, in the event such inspection is necessary to determine that proper safety measures can be established at the site, in the event the Fire and Ambulance Department needs to exercise any of the fire or ambulance services listed above. The City shall not be responsible for the issuance of burning permits or day care inspections in any property within the Association. Each community in the Association will be responsible for the issuance of such permits or inspections. Each member of the Association shall provide the City with a contact person so it may refer these matters to the appropriate parties within the Association. 2. Payment. The Association agrees to pay the City annually during the term of this Agreement, starting on 1-1-08 in the following yearly amounts: 2008 2009 2010 2011 2012 $425,000 $442,000 $459,000 $478,000 $497,000 Said sum shall be paid one-half on or before July 31 of each year, and the balance on or before December 31 of each year. Both the City and the Association reserve the right, based upon observation of the operation of the financial arrangements herein made, or because of unanticipated circumstances, the financial arrangements provided by this agreement appear inequitable, to request a renegotiation of the financial arrangements provided for by this Agreement. Should either party wish to renegotiate a different financial arrangement, they must contact the other party by April 1 ofthe year preceding the year in which a different rate is requested. 3. Annual Meeting of the Parties. The Association and the City shall hold at least one joint meeting annually during the term of this contract, at least 60 days prior to the anniversary date of the contract, to discuss the Association's satisfaction with the service provided during the year, any issues the City may have experienced while exercising its duties to uphold the terms of the contract, and any other such issues as either party determines relevant to this contract. The meeting shall be held separately from any regular Association, Township or City Council meeting; either party may be allowed to substitute a sub-Committee of its membership to attend the meeting, and said Committee shall constitute compliance with this provision. The meeting shall be considered open to the public. 4. Service Territory. The City shall provide fire and ambulance services as indicated in this contract to the area in the Association described below and indicated on the attached map and made part ofthis contract. 5. Term. This contract shall commence on the effective date indicated above, and shall expire on 12-31-2012, unless terminated earlier as provided herein. 6. Ownership. City owns the buildings and equipment associated with the Fire and Ambulance Department and the amounts paid by the Association do not give rise to any ownership interest in, or responsibility toward, those items unless a specific ownership interest is indicated below, or established therein, during the life of this contract. 7. City's Responsibility. In addition to any other obligations described herein, the City shall: a.) Authorize and direct the City Fire and Ambulance Department to provide the fire and ambulance services described herein to the Associations service territory. b.) Develop a detailed annual operational budget for the Fire and Ambulance Department for each year during the term of this contract by the anniversary date, and present to the Association. c.) Upon the Association's request, provide access to financial and cost date related to the Fire and Ambulance Department for no more than five years prior to the current service year. d.) Disclose to the Association any proposed action the City intends to take that can reasonably be expected to effect the Insurance Service Office Fire Protection Grade in the service territory or City's ability to provide the fire and ambulance services indicated above. e.) Promptly disclose to the Association any information the City can reasonably anticipate will directly affect its ability to perform its obligations under this contract. f.) Assessment of fire protection options available in the Rural Hastings Fire Association and recommendations to the Rural Hastings Fire Board in the initial year of the Agreement, regarding options and the costs of each option. This shall include but is not limited to assessing the lowering of the ISO ratings, satellite stations in the Rural Fire Association and sharing equipment with other Fire Departments or Cities, in order to increase protection to the Rural Hastings Fire Association. Subsequent studies in future years of the Agreement, may be conducted provided there is a substantial change of some sort in the operations of the Hastings Fire and Ambulance Department, or significant changes in the Rural Hastings Fire Association. 8. Association's Responsibility. In addition to any other obligations described herein, the Association shall: a.) Promptly pay City the Payment amount as indicated above for the year of service, or a prorated share of the payment amount for the length of service actually provided if the contract is terminated early. b.) Present a budget and levy proposal to the electors in each Township and City in the Association at each annual Town meeting during the term of this contract seeking authority to levy funds as needed to pay the Payment Amount. c.) Promptly disclose to the City any information the Association can reasonably anticipate will directly affect its ability to perform its obligations under this contract. d.) Clearly provide addresses to those properties located in the Rural Fire Association Townships and Cities. e.) The Townships and Cities included in the Rural Fire Association shall be responsible for insuring access to the properties, as failure to provide proper access may result in the City being unable to respond to the fire and/or ambulance call. f.) Cooperate with the City of Hastings on evaluating various options to increase safety and security of its residents, in particular as it relates to item 7-F under City Responsibilities. It is understood and agreed that the Association shall have no responsibility whatsoever toward the personnel of the City including any employment related issues such as training, supervision, performance reviews, discipline, compensation, benefits, insurance coverages, compliance with any employment related federal, state, and local laws and rules such as OSHA, ERISA, RLSA, FMLA, FSLA or any other employment related issues. It is further agreed the Association has no responsibility beyond paying the agreed upon payment amount, for acquiring, operating, maintaining, housing, or replacing equipment as needed to provide the fire and ambulance services described herein. 9. Exceptions. Both parties agree that under certain circumstances, call volume may result in a periodic shortage of staffing availability, and as a result, there may be circumstances that result in a delay or failure to respond to a certain call in the Rural Fire Service area. Furthermore, certain construction, closure and maintenance of the Highway #61 Bridge, beyond the control of the City of Hastings, may result in a delay or inability to respond to a fire and/or ambulance service call in Denmark Township, and as a result, the City may be forced to rely on its mutual aid agreement, or be unable to respond. 10. Insurance Requirements. City shall maintain general liability insurance for its services, and shall also maintain inland marine, automobile and property insurance. City shall provide the Association with proof of such insurance coverage, upon request of the Association. 11. Indemnification. The City agrees to defend and indemnify the Association and its members against any claims brought or actions filed against the Association or its members, officers, employees or volunteers of the Association or its members for injury to, death of, or damage to the property of any third person or person, arising from City's performance under this contract for services. Under no circumstances, however, shall the City be required to pay on behalf of itself and the Association or its members, any amounts in excess of the limits of liability established by Minnesota Statutes Chapter #466 applicable to anyone party. The limits ofliability for the Association and its members and City may not be added together to determine the maximum amount of liability for the City. The intent of this subdivision is to impose on the City a limited duty to defend and indemnification of the Association and its members for claims arising out of the performance of this contract subject to the limits ofliability under Minnesota Statutes Chapter #466. The purpose of creating this duty to defend and indemnification is to simplify the defense of claims, by eliminating conflicts between the parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. 12. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or limitation on, liability available to either party, whether set forth in Minnesota Statutes Chapter 466 or otherwise. 13. Modifications. This writing contains the entire contract between the parties and no alterations, modifications or waivers ofthe provisions of this contract are valid unless reduced to writing, signed by both the City and the Association, and attached hereto. 14. Subcontracting and Assignment. City shall not subcontract or assign any portion of this contract to another without written permission from the Association. Services provided to the Association pursuant to a mutual aid agreement the City has or may enter into, with another entity does not constitute a subcontract or assignment requiring prior approval ofthe Association, so long as the City remains primarily responsible for providing fire and ambulance service to the Association's service territory. This does not preclude the periodic usage of private contractors, equipment or vehicles for certain aspects of Fire and Ambulance calls, that require additional assistance. 15. Termination. This contract may be terminated at anytime during its term by mutual agreement of the parties. Either party may terminate this contract by personally serving a 120 day written notice of termination on either party. The contract shall terminate 120 days from the date of personal service of the written termination notice unless the party serving the notice withdraws the notice in writing before it is effective. If the Association fails to pay for the service according to the schedule established herein, the City may terminate this contract 60 days from the date of personal service of written termination notice. Notice to the City shall be served on the City Administrator, or City Clerk, in the absence of the City Administrator, and notice to the Association shall be to 16. Service Contract. This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating a joint powers agreement, joint venture, or joint enterprise between the parties. 17. Minnesota Law Governs. This contract shall be governed by and construed in accordance with the laws of the State of Minnesota. All proceedings relating to this contract shall be venued in the State of Minnesota. 18. Severability. The provisions of this contract shall be deemed severable. If any part of this contract is rendered void, invalid, or otherwise unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this contract. VIII-C-4 MEMO TO: FROM: RE: Honorable Mayor and City Council members Charlene A. Stark, Finance Director Citizen's request to waive penalty for late fee on utility bill. DATE: November 14,2007 __ -'~RS~' ~::il6:- 1.:..l... TMa=-~;z ~ ~.....~- -~~~I1~~ BACKGROUND: Cyndi Cadwell has placed before council a letter asking for waiver of penalty on her water bill. As you are aware the City in the past has denied these requests, but Finance and the Utility committee of the council met last month to begin writing an amendment to the city ordinance 51.03 L2. The city ordinance currently directs staff to add a 10% penalty to all delinquent water bills and directs staff of the procedures to be followed. The amendment will allow staff to waive penalties on an account as a good customer service. Char Stark, the City Finance Director has been in contact with legal to draft the amendment. The plan is to allow for the waiver of penalty on a one time basis, but in order to invoke the one time wavier the account needs to be set up on the Automatic Clearing House (ACH) plan the city has in place. This allows the city to deduct the amount due from either a checking or a savings account, much like direct deposit works for an employee's payroll but in reverse. This way the citizen has the choice to accept the one time waiver of penalty and then be set up on ACH as a way for the city to be insured the problem of not receiving the bill via the U.S. mail becomes less problematic for both the city and the customer. Recommended City Council Action Approve the waiver of penalty but request the citizen to set up the ACH provision on her water utility account '-'.-'.J.. ""t,,:"I,J " ...1IJI..) LJ.C.I'~ '.;lUHr'-:':;'-1I"~ 1-"'- l.r-'H-, t-'Abl:. 1:J:2 CYNDr CADWELL 3 lO CRESTVIEW DRIVE HASTINGS, MN 55033 Charlene Stark City of Hastings 101 East 4th Street Hastings,}'1N 55033 November 14, 2007 Charlene: I am writing to have the 10% fee waived on my water bill that never arrived. Last month I received a late notice from the city stating that my water bill was overdue_ The 10% fee amounted to almost $40 is what I was told when I phoned the city. I was amazed at the amount I was being charged for doing nothing more than failing to receive a piece of mail. I was told that it is not the city's fault if someone does not receive their mail. Evidently, it is the person's fault who did not receive the mail. I think this is a very arrogant position from an institution whose sole purpose for existence is to serve its citizenry. If I would have gotten my bill, it would have been paid and sent in to the city just has it has been for the 19 years I have lived here. I feel I am a good citizen and have an excellent credit history. There are many reasons someone m.ight not receive a piece of maiL Even my credit card company (\\lho I fully admit and recognize is solely in business to take advantage of me) will give me a Mulligan in a rare instance when J have not gotten timely mail. This whole ordeal has made me feel very taken advantage of by the city in which I live. Sincerely, C:Yl1di Cadwell