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HomeMy WebLinkAbout11-03-03CiTY OF HASTINGS COUNCIL MEETING 7:00 P.M. DATE: Monday November 3, 2003 I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on October 20, 2003 V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There witl be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Resolution~Approve Gambling Permit--Hastings Hockey Boosters at Hastings Civic Arena: December 3, 2003 3. Approve Amendment to Personnel Policy--Retirement 4. Order Public Hearing--Vacation of Right-of-Way #2003-74: Lake Street South of East 4th Street (Kenneth Holtz) 5. First Reading/Schedule Public Hearing--Ordinance Amendment #2003- 72: City Code Section 10.28- Architectural Appearance Standards 6. Approve 2003/2004 Snow Removal Agreement 7. Approve Payment #2--City Hall Roof Repair: John A. Dalsin and Son: ($101,865.03) 8. Request for Unpaid Leave of Absence 9. Request for Unpaid Leave of Absence 10. Change Order #1--Riverwood South Oaks Improvements: Contractor's Edge, Negotiated Unit Prices and Private Road Construction. 11. Resolution~Prohibiting Truck Traffic on 21`t Street from Eddy Street to 200 Feet East 12. Approve Relocation of Civil Defense Siren 13. Declare as Excess Property--Police Vehicles 14. Approve Renewal of LifeWorks Contract VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing--Amended Special Use Permit #2003-75: Hastings Gymnastics Center Expansior~--Lawrence Belk (2628 Millard Avenue) VIII. REPORTS FROM CITY STAFF: A. Public Works B. Planning IX. X. Xl. Xll. Resolutior~--Amended Special Use Permit/Site Plan #2003-75: Hastings Gymnastics Center Expansion--Lawrence Belk (2628 Millard Avenue) Second Reading/Ordinance AmendmentJResolution-- Rezoning/Preliminary Plat/Final Plat #2003-63: Schoolhouse Square 2"d Addition--(9th and Vermillion Streets) Resolution--Site Plan ~r2003-66: Green Mill/Dunn Brothers Building~Schoolhouse Square 2nd Addition Resolutior~Preliminary and Final Plat ~2003-69: Glendale Heights 2"d Addition (Ryan Contracting) Administration 1. Downtown Redevelopment Proposals 2. City Council Sub-Committee to Review Downtown Redevelopment Proposals 3. City Hall Office Hours (December 24 and 26, 2003) 4. First Reading and Schedule Public Hearing--Annexation Ordinance: Hastings Land LLC 5. Closed Door Session--Firefighters Union Agreement COMMENTS FROM AUDIENCE: UNFINISHED BUSINESS: NEW BUSINESS: REPORTS FROM CITY COMMITTEES, OFFICERS, COUNClLMEMBERS: Xlll. ADJOURNMENT: Next Regular City Council Meeting on Monday, November 17, 2003 Hastings, Minnesota October 20, 2003 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday October 20, 2003 at 7:00 PM, in the City Hall Council Chambers at the Hastings City Hall, 101 East 4th, Street, Hastings, Minnesota. Members Present: Acting Mayor Hicks, City Councilmembers Hazlet, Riveness, and Yandrasits Councilmember Schultz arrived at 7:05 p.m. Members Absent: Mayor Mike Werner and Councilmember Moratzka Staff Members Present: City Administrator David Osberg Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Public Works Director Tom Montgomery; Planning Director John Hinzman; Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of October 6 and the special meeting on October 13. Hearing none, the minutes were approved as presented. Consent Agenda Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet, to approve the Consent Agenda as presented. 4 Ayes; Nays, None. 1. Pay Bills As Audited 2. Approve Massage Therapy License Marcia Bur[ 3. Approve Gambling Premises Permit Application--for Hastings Lions Club at the Coliseum Sports Bar & Gdll, 1840 Vermillion Street 4. Authorize Extension of Agricultural Lease Hastings Industrial Park: Bill Bauer 5. Resolution--Final Plat #2003-34: Highview Estates: Frank Sieben (31't Street & Highview Court) 6. Approve Development Agreement--Highview Estates: Frank Sieben (31`t Street & Highview Court) 7. Approve Offedng Group Long Term Care Policy 8. Pay Request #1--John Dalsin & Sons: City Hall Roof Repair ($63,544.55) 9. CDBG Cooperation Agreement--FY 2002-2004 10. Pay Estimate #2--2003 Riverwood South Oaks Improvements: Contractor's Edge ($578,381.43) 11. Pay Estimate f~--2003 General Sieben Drive Extension: A-1 Excavating ($12,037.37) 12. Pay Estimate #8--2002 General Sieben Ddve Reconstruction and Marketplace West Improvements: McNamara Construction ($6,521.25) 13. Approve 2004 Waste Abatement Application Minutes of the Regular Meeting of October 20, 2003 Page 2 of 4 14. Approve Amendment to Personnel Policy--Insurance Benefits '15. Request to Clear & Grade 31st Straet~lendale Heights Copy of resolutions on file. Public Hearing--2002 Improvements Assessment Hearing Public Works Director Montgomery stated that the purpose of the hearing is for residents to comment on the amount of the assessment proposed. Questions and issues relating to construction items (sod, etc.) can be fonvarded to the Engineering Department for resolution. Montgomery stated that assessments are based on the benefit received from the improvement, not on the cost of the construction for the improvement. Properties are assessed based on 90% of the estimated benefit received. Montgomery also stated that the City is holding money back from the contractor due to several outstanding issues, including sod repair. Project 2002-1 & 2002-9: General Sieben Drive & Marketplace West Improvements Acting Mayor Hicks opened the public hearing at 7:05 p.m. Montgomery stated that the property owner of Marketplace West, North American Properties (NAP), is objecting to the assessment amount and that staff will be meeting to work on a resolution to the issue. A formal objection, in compliance with Minn. Stat. 429.061, was read into the record. Montgomery stated that Council will be asked to table this item until staff can prepare a recommendation following a meeting with NAP. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:15 p.m. Project 2002-2:18th Street Montgomery stated that the proposed assessment for this project is $46.96 per front foot. Acting Mayor Hicks opened the public hearing at 7:16 p.m. Dave Vortherms, 315 West 18th Street, stated a concern with a construction issue. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:18 p.m. Project 2002-3, 4, 5: Westwood Area Montgomery stated that the proposed assessment for this project is $55.80 per front foot. Acting Mayor Hicks opened the public hearing at 7:20 p.m. Hal Teuber, 108 21st Street West, stated that he thought 21st would be a dead- end street and it is not. Montgomery stated that until a property owner develops certain parcels, the road will remain open. Teuber also stated that there is a lot of truck and through traffic on the road. Council directed staff to evaluate the truck traffic in that area. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:26 p.m. Project 2002-6: Southview Drive Montgomery stated that the proposed assessment for this project is $38.70 per front foot. Acting Mayor Hicks opened the public hearing at 7:27 p.m. Minutes of the Regular Meeting of October 20, 2003 Page 3 of 4 Walter Thomas, 1181 Southview Drive, stated that he does not feel a benefit to the reconstruction. He also stated concern with impact of drainage into the Vermillion River. Mike Feidt, 1900 Ashland Street, questioned why the assessment amounts for the Westwood area were different than the $outhview project. Montgomery stated that the Westwood project included stormwater upgrades. Mike Scully, 970 Southview Drive, questioned the costs for installing the sidewalk and stormwater/sanitary sewer improvements. Montgomery stated that those individual costs have not been broken down at this time because the assessments are based on 90% of the estimated benefit received, not the cost of the project. Scully also questioned why the County Club was not assessed. Montgomery stated that in an agreement with the City, in exchange for an assessment, the County Club donated an easement with a value approximately that of the anticipated assessment. The easement allowed the City to construct the trail on the north side of Southview, as opposed to the south side where trees may have had to be removed. Jane Scully, 970 Southview Drive, asked for clarification on how benefit is determined. Montgomery stated that an assessor makes that determination. Jon Cloutier, 1050 Southview Drive, stated that he felt it unfair that the County Club is not being charged an assessment for the project. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:48 p.m. Project 2002-8: Middle School Watermain Loop Montgomery stated that the entire assessment cost for this project will be assessed back to the school district, because this was a petitioned project. Acting Mayor Hicks opened the public hearing at 7:49 p.m. Hearing no public comment, Acting Mayor Hicks closed the public hearing at 7:49 p.m. Councilmember Yandrasits stated that the Country Club challenged the proposed assessment, as is their right. In response, the City negotiated an easement of comparable value in lieu of an assessment by the Country Club. Yandrasits stated that this negotiation resulted in a trail and that the new assessment policy which bases an assessment on benefit rather than construction costs has resulted in lower assessments than in previous years. Councilmember Schultz and Acting Mayor Hicks concurred that they felt the policy is fair to homeowners. Resolution Adopting 2002 Assessments 2002-1: General Sieben Drive 2002-2:18th Street 2002-3, 4, & 5: Eddy, 19th, Ashland Streets 2002-6: Southview Drive 2002-8: Middle School Watermain Loop Moved by Councilmember Yandrasits, seconded by Councilmember Riveness to approve the resolution as presented, with all assessments with the exception of Minutes of the Regular Meeting of October 20, 2003 Page 4 of 4 Project 2002-9: Marketplace West Improvements. Staff to report back on proposed resolution to 2002-9 assessment issue. 5 Ayes; Nays, none. Public Hearing--Rezoning 2003-63: Schoolhouse Square 2nd Addition (9th and Vermillion Streets) Acting Mayor Hicks opened the public hearing at 7:55 p.m. Hinzman stated that the public hearing is being held tonight, yet no action is requested. Staff anticipates requesting City Council action at the November 3, 2003 Council meeting. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:55 p.m. Public Hearing--Correction to Vacation of Alley #2003-68: Block 122 (Lea- Bailey-2nd-3rd Streets) Acting Mayor Hicks opened the public hearing at 7:56 p.m. Hinzman stated that this vacation was approved in 2001, but an incorrect legal description was recorded. This request simply corrects the legal description. Hearing no further public comment, Acting Mayor Hicks closed the public hearing at 7:57 p.m. Resolution--Correction to Vacation of Alley #2003-68: Block 122 (Lea-Bailey- 2r~'3ra Streets) Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the resolution as presented. 5 Ayes; Nays, none. Copy of resolution on file. Comments from the Audience: Gary Stevens stated that a volunteer is needed to serve on the Flint Hills Citizen's Advisory Council. Interested Hastings residents can cell Gary at 437-1599 or Flint Hills at 429-8391. Information will also be available at Hastings City Hall at 480-2350. Adjournment Moved by Councilmember Schultz, seconded by Councilmember Riveness to adjourn the meeting at 8:00 p.m. 5 Ayes; Nays, None. Mayor ATTEST City Clerk Date: 10/29/2003 Time: 14:28:42 Operator: LYNNE BENSON Department Vendor Name Description Amount ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTPJ%TION ADMINISTRATION ADMINISTRATION ADMINISTRATION FORTIS BENEFITS INS NOVEMBER LTD PREMIUM 14.83 Total for Department 107 14.83- FINANCE FINANCE 39.69 39.69* 148.50 25.47 173.97' 420.26 290.05 566.04 86.99 167.74 493.20 ~8.80 VI-1 Date: 10/29/2003 Time: 14:28:42 Operator: L~NNE BEN$0N Pa~e: 2 Entry - invoice Pay~nen~ - Department Report Department Vendor Name Description Amount PARKS AND RECREATION FORTIS BENEFITS INS PARKS AND RECREATION HOFFMAN-MCNAMARA Total for NOVEMBER LTD PREMIL~M 8.32 2 ASH TREE5 247.08 Department 401 255.40* Total for F~nd 101 131,608.60. 202.35 111.53 127.27 189.33 287.18 1,440.97 2,305.63* Total for Fund 200 2,308.68* 24.02 37.28 9.75 175.17 246.22* Total for Fund 201 246.22* 900.00 58.50 958.50* Total for Fund 209 958.50* Date: I0/29/2003 Time: 14:28:42 Operator: LYNNE BENSON Page: 3 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount Total for Fu~d 210 107.32. Total for Fund 213 10,315,15- Total for Fund 401 17.00- Total for Fund 402 105.00' [ l[ Da~e: I0/29/2003 Time: 14:28:43 Operator: LYNNE BENSON CIT~f OF FJ~STINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount HOUSINO AND REDEVELO E}U~ERS & ASSOC RFP PROCESS SERVICES 5,668.04 Total for F~nd 404 11,534.67- HOUSING AND REDEVELO EHLERS & ASSOC PROF SVCS TIP DIeT #3 225.00 Total for Department 500 225.00* Total for Puled 405 225.00' 4.76 4.76* Total for Fund 407 4.76* BRX~GS & MORGAN 2003A C4D IMPROVEMENT BON 5,019.14 Total for Department 300 5,019.14- Total for Fund 493 5,019.14' Total for F~nd 600 12,841.29- Total for FUnd 601 12,137.19- 42.07 Date: 10/29/2003 Time: 14:28:43 Operator: L~E BENSON ?age: 5 CITY OF FL~STINGS Department Vendor Name Description Amount MN BODY & EQUIPMENT WHCH LIFT PARTS/0IL T1/T 61.35 MOTOR PARTS SERVICE WIPER BLADES T-4 20.52 Total for Department 107 121.94- Total for Fund 610 123.94' PARKS ~ P, ECREATION FIRST LI~ BEVEPJ%GES CONCESSION SUPPLIES 234.75 PARKS A~ P~CREATION FORTIS BSMNFITS INS NOVEMNER L~ PREMIUM 58.04 PARKS A~FD RECREATION FRITZ CO. INC. CONC~SSION SUPPLIES 99.01 P~KS ~ P~ECREATION MI~GASCO/RELI;%NT E OC~BER GAR 72.44 Total for FUnd 615 3,497.5S* Total for Fund 620 3,681.16, Grand Total 194,731.13. November 3, 2003 ~.-hAA . \ ":.'~V'\-' Finance Director Memo To.' City Council From.' Becky Ktine Finance Department Date; 10/28/2003 The attached Department Report itemizes vouchers that were paid on October 28, 2003. Thank you. Date: 10/28/2003 Time: 09:25:59 Operator: LYNNE BHNSON Page Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (R) 6777 - 6777 Bank #: (A) Options: Print Ranges/Options: y Page on Department: N # Of copies: I Department Vendor Name Description Amount ~DMINISTRATION ADMINISTRATION CITY CLERK FINANCE L.E.L.S. PAYROLL DEDUCTIONS 692.00 LOCAL UNION 49 PAYROLL DEDUTIONS 840.00 LOCAL 320 PAYROLL DEDUCTIONS 867.00 MINNESOTA NCEERS PAYROLL DEDUCTIONS 160.00 ~ CHILD SUPPORT PMT CO~4ELL/ CASH 0014354526 230.73 DARTS 200.00 200.00* STRATEGIC INSIGHTS C CIP LICENSE EXTENSION/UP 532.50 Total for Department 120 532.50* 10,838.33 10,838.31' SDS 12-0681 ORKIN PEST CONTROL NOSHING, JA~S A. W~J/~TCO}9~3NITY Total for 290.00 553.29 17.11 63,544.55 122.88 87.79 5.52 61.66 64,682.80* Date: 10/28/2003 Time: 09:25:59 Operator: LYNNE EENSON Pase: CITY OF F~STINGS Department Vendor Name Description Amoulat ............................................................................ POLICE INSIGHT Pt~LIC SECTO MDT SERVER/ BACKUP TAPE 317.05 Total for Department 201 2,421.38. PUBLIC WORKS A~ERSEN, E.F. & ASS SIGNS 116.83 PUBLIC WORKS BROWN TRAFFIC PRODUC LED LIGHTS 1,005.96 P~R/{S ;tNDP~ECREATION S & S ~7{EE SERVICE Total for NOV I~ 1,527.35 TREE REMOVAL 1,297.70 Department 401 2,825.05* Total for Fund 101 92,025.17, Total for Fund 200 1,178.98. 522.67 522.67* Total for F~d 210 522.67, 64.00 192.67 256.67* Total for Fund 212 1,691.79- EQUIPMENT REVOLVING SPRINT C121002945 DSL ROUTER 150,00 Date: 10/28/2003 Time: 09:25:$9 Operator: LYNNE BENSON Page: 3 CITY OF ~ASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Total for Department 800 150.00' Total for Fund 403 150.00, PUBLIC WORKS PL~LIC WORKS Total for F~d 493 2,165.62, PUBLIC WORIfS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS Total for Fund 609 8,140.86' PUBLIC WORKS PUBLIC WORKS Total for Fu~%d 601 82.52* DAKOTA COUNTY TREAS- DAKOTA CO FUEL SEPT UBGS 960.13 MINNESOTA NCPERS PAYROLL DEDUCTIONS 16.00 Total for Department 107 976.13- Total for Fund 610 976.13. Date: 10/28/2803 Time: 09:26:00 Operator: LYNNE BENSON Page: CITY OF }{ASTINGS Department Vendor Name Description AmothTt ............................................................................ Total for FUnd 615 1,851.64, PUBLIC WORKS MINNESOTA NCPERS PAYROLL DEDUCTIONS Total for Department 16.00 16.00' Total for Fund 620 16.00- PUBLIC WORKS PUBLIC WORKS DAKOTA COUN~ SOIL/W RIVERWOOD/ SITE INSP 52.00 D~J~OTA CO~ SOIL/W WALLIN PROPERTIES/ SITE 52.00 Total for Department 300 104.00- Total for Fund 807 104.00' Grand Total 108,844.98, From: Date: Re: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk October 29, 2003 Resolution- Application for Gambling Premises-Hastings Hockey l~oosters at Hastings Civic Arena l~ecomm~.nd~d Ci~.y Council Action: Approve the attached Resolution, authorizing the Hastings Hockey Boosters to conduct a raffle on December 3, 2003. Application has been received from the Hastings Hockey Boosters to conduct a raffle on December 3, 2003 at the Hastings Civic Arena. The raffles total value of prizes is estimated not to exceed $2,500.00. Per Hastings City Code, Section 5.80, Subd. 7B, a $10.00 application fee is required. If Council should approve this application, the attached resolution will be sent to the Minnesota Lawful Gambling Board showing the Cit37s approval to allow the raffle. Should you have any concerns or questions, please do not hesitate to contact me. Attachment'. 1. Resolution- Approving One-Day Raffle License for the Hastings Hockey Boosters at the Hastings Civic Arena. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 11- -03 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA HELD: NOVEMBER 3, 2003 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly held at the City Hall in said City on the 3~a of November 2003 at 7:00 o cock p.m. for the purpose in part ofauthonzang Resolutaon No. 11- -03, authorizing the Hastings Hockey Boosters to conduct a raffle on December 3, 2003 at the Hastings Civic Arena. The following Councilmembers were present: And the following Councilmembers were absent: Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. 11- -03 RESOLUTION APPROVING THE REQUEST & APPLICATION FOR THE HASTINGS HOCKEY BOOSTERS TO CONDUCT A RAFFLE WItEREAS, the Hastings Hockey Boosters has presented an application to the City of Hastings to conduct a raffle on December 3, 2003, at the Hastings Civic Arena; and WltEREAS, the Minnesota Lawful Gambling Board requires a Resolution be passed approving the request; and WFIE~REAS, the application for Exemption from lawful Gambling license has been presented; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Mayor and City Clerk are authorized and directed to sign this resolution and forward to the IWmnesota Department of Gaming, Gambling Control Division, showing the approval of this application for an Exemption from Lawful Gambling License. The motion for the adoption of the foregoing resolution was duly seconded by Coun¢ilmember Riveness and, after full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: the following voted against the same: Whereupon said resolution was declared duly passed and adopted. M~ehae119. Werner, Mayor ATTEST: Melanie Mesko Lee, Administrative ~lssistant/CiO~ Clerk ($EXL) FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk October 29, 2003 City Retirement Policy Amendment Co~Jncil Action P~eque~ed: Staff is requesting Council approval to amend the City's Personnel Section 10.05~ Retirement. Bacl~round Information: This policy was last approved by the City Council in January, 2000. Suggested changes am related to the amount of notice required for a pre-1993 employee to remain eligible for post-retirement with City-paid health insurance. Current policy requires a six-month notification; recommended change is to require a fod~month notice. This does not change the requirement for an employee to carry family coverage for a minimum of six months prior to retirement if they want family coverage paid after retirement. The other change allows, with approval, a retiring employee to take up to four weeks' worth of vacation immediately preceding his/her retirement date. This would require approval by both the employee's supervisor and the City Administrator. There are also some minor changes that are more "housekeeping' in nature with regards to the retirement policy. I've attached the recommended new policy foryour review. Shouldyou have any questions, please do not hesitate to contact me. Policy: Approved by: Effective Date: REIIREMENT Section: 10.05 City Council Page: 1 of 3 Policy Early Retirement It shall be the policy of the City not to dismiss an employee solely on the basis of age, except in cases where federal or state or other rulings authorize such action. Retkement is defined as a voluntmy separation from City employment when the employee is immediately eligible, based on age and/or service requirements, for payout from the Public Employee's Retirement Association (PERA). Eligibility requirements, including age and length of service, vary among City retirement programs. Employees who intend to retire are encouraged to obtain forms and benefit information fi.om their retirement program administrator through PERA at least one year in advance of an estimated retirement date. In accordance with City Council approved policy adopted on November 16, 1992, a non-union employee hired prior to January 01, 1993, who meets the following criteria: · Is retiring fi.om the City, · Has ;;5~ at least ten years of full-time .employment with the City of Hastings and · Is at least 55 years &age, shall be entitled to City paid health insurance for a maximum often (10) years or until they reach the qualifying age of Medicare, whichever comes first. Any eligible employee electing retirement will only be eligible for City-paid health insurance (either single or family coverage) if they provide si~ four months prior written notification of their intent to retire. However, if due to medical or personal reasons, the employee wishes to retire prior to the si~ four month advance notification requirement and remain eligible for City-paid health insurance ,,~.:T~,,.,.. ,-~ ,~ J'-,-o for a maximum often (10~ years or until they reach the qualifying age of Medicare, whichever comes first, the City Council may waive the si~ four - month notification, and may determine with the employee an appropriate retirement date. A request to retire prior to the s/~ four month advance notification requirement must be submitted in writing to the City Administrator for consideration. 10.05 Retirement Pa~e 2 of 3 Sick Leave Payout Effective January 1, 2000, a retiree (hired prior to 1993) eligible for paid health insurance coverage unt[! age 65 for a maximum of t (I0) years or until they reach the auaiif,/ing age of Medicare, whichever comes first who desires family coverage during retirement will be required to be enrolled for family health insurance coverage at least six (6) months prior to the date of retirement to be eligible for the City-paid family health care coverage during retirement. In the event an eligible retiree does not enroll in family health coverage six (6) months prior to their retirement date, the City will only pay the premium for single coverage, and the retiree is responsible for the timely payment of the difference between the single and family monthly premium. As noted above, a minimum of four months written notification is required for City-paid post retirement health insurance benefits to be paid for eligible employees. Regular full-time employees hired after January 01, 1993 are not eligible for the paid early retirement health insurance benefits. Employees hired after January 1, 1993 who are retiring, as well as those employees who may have exhmmted their City-paid health insurance benefit, may remain on Hastings' group health insurance indefinitely, at their own expense. The employee shall pay the City in advance on a monthly basis for the cost. The City will then remit payment to the insurance company. When the former employee reaches age 65, the City may transfer the former employee and covered dependents to a non-active employee pool. This indefinite continuation is made available under Minnesota Statute 471.61, which is also known as Chapter 488. If an employee retires at age 65, or otherwise provided by law, or is forced to retire due a physical condition, including death, not allowing Nm/her ~hc cmployc~ to continue gainful employment, or if an employee voluntarily terminates employment with the City after due notice, with the consent of the City, but not if discharged or resigns by the request of the City, ail and in each case after ten (10) years of service, they or their descendants will receive fift:y percent (50%) of unused sick leave. Employees will be allowed to draw from both the prolonged illness and sick leave banks upon retirement as severimee-pay, sick leave pa/out up to a maximum severav~e payout of 640 hours. 10.05 Retirement Pa~e 3 of 3 Vacation Time Payout Compensation Time Payout Insurance Continuation Termination Procedures Under no circumstances will an employee receive more than 640 hours a: ..................+ ' ' .......... v.~j .... in sick leave payout. Union employees should refer to their Union Contract for additional information. -,T" ,-,-,---,--,,~:':~- Any employee who retires from City employment --~'~- notice, shall receive all unused vacation pay earned and accrued provided that such unused vacation pay is approved by the City Administrator upon the basis that such employment was not terminated for unsatisfactory performance. An employee who retires from City employment, unon aoproval of the employee's supervisor and the City_ Administrator, may take up to four weeks worth of vacation immediately Drecedinc, the emoloyee's projected retirement date. Employees who are ill on scheduled vacation shall be paid as a vacation and shall not be entitled to use sick leave, exceot at the discretion of the City Administrator for illness verified by a doctor's written statement. The City will pay out all accrued compensated time, as authorized by Section 6.15, for t~c,:c res~gmng employees ..... kr.;-e .... ~^~ Employees hired afrer January 1, 1993, who retire from the City and who do not meet the PERA eligibility guidelines, or who are over 65 years of age, will have the option of continuing medical insurance under the provisions provided by COBRA law. Full premiums must be paid by the retiree. Refer to Section 10.30 for additional information on Insurance Continuation. The Supervisor should forward a Personnel Action Sheet to the Administrative Assistant/City Clerk to authorize check-out procedures. For further information on Termination Procedures, see Section 10.20. Memo VI-4 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: November 3, 2003 Subject: Order Public Hearing - Vacation of Right of Way #2003-74 - Lake Street, south of 4th Street - Kenneth Holtz REQUEST The City Council is asked to order a public hearing to vacate Lake Street south of 4th Street, between Blocks 14 and 15, Barkers Addition. Kenneth Holtz, ownerofthe adjacent eastern property has petitioned for the request. The public hearing would be scheduled for the Monday, November 17, 2003 City Council Meeting upon approval by the Council VACATION REVIEW Existing Condition The existing right-of-way is unimproved and provides limited opptho, rtunity for future connection to the south. Topography slopes down over 20 feet from 4 Street to the Lake Isabel outlet to the Vermillion Slough. An accessory building constructed by the former property owner to the east presently exists within the right-of-way. Utilities Municipal utilities do not exist in the right-of-way. It is unlikely private utilizes exist. City Staff will contact private utility providers prior to the public hearing for comment. ATrACHMENTS · Location Map · Application I LAND APPLICATION OCT 2 o 2003 CITY OF HASTINGS- PLANNING DEPARTMENT CITY OF HASTINGS 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 851.437.7082 Address or Property .[//. f'!_~L ~::~--'~.~ ~.-~ Z.~.,.~,...~L/L./.~,~.../ Name Address Owner (If different from Applicant): Name Address Phone Fax Description of R~quest (include site plan su~y, and/or plat if app cab J ~ ~ ~ - Check applicable box(es); Note: All fees and escrow amoun~ due at time of application. Final Plat $600 e~ Administrative Lot Split $50 Minor Sub. $500 Comp Plan' ~endment $500 Rezone $500 House Move $500 Spec. Use $500 Lot Line Adjustment $50 Variance $250 Vacate ROW/Easement $400 Annexation $500 plus legal exp EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) Site Plan $500 plus escrow: - 0 - 5,000 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 EngJnee~ng) TOTAL: Si. gna/ture of Applicant Date Signature of Owner ,,,' x_. /e k"~Pplican, Name and Title PTeas~e.p~ln, Owner Name. l~,ease Print Date ~fficial Use Only File # c'-'-'~l~'~ Fee Paid ~ /~'!~,.)(2 f¢,.~ Receipt I Date Rec'd App. Complete Memo VI-5 To: From: Date: Subject: REQUEST Mayor Werner and City Council John Hinzman, Planning Director November 3, 2003 1st Reading\Schedule Public Hearing - Ordinance Amendment #2003-72 - Chapter 10, Section 10.28 - Amhitectural Appearance Standards The City Council is asked to consider first reading and schedule a public hearing to adopt the attached amendment to Chapter 10, Section 10.28 - Architectural Appearance Standards. The Ordinance establishes architectural appearance standards for commercial, institutional, industrial, and multiple family buildings. The change is intended to ensure the following: · Use of high quality materials · Breaking up the massing of large box buildings through variation of materials, heights, offsets, etc. · Conformance with surrounding buildings and the break up the massing of large · Previde clearer direction on the design expectations to architects and developers. RECOMMENDATION The Planning Commission voted unanimously to adopt the ordinance at the October 27, 2003 meeting with limited discussion. No one spoke for or against the ordinance during the public hearing. PAST REVIEW Economic Development Commission Review The City Council and Economic Development Commission have identified the adoption of Architectural Design Standards as a priority. The EDC has reviewed and recommended approval of the amendment. Architect Builder Comment The draft ordinance was submitted to a few local architects and builders for review. The following comments were received: · Redra[t specific material requirements to be less prescriptive to allow for flexibility, Standards should outline the city's desire, but not preclude innovative development of buildings that may not meet specific materials requirements. · Major focus should be on preventing large unbroken planes, and mixtures of materials and adornments. 5th DRAFT CITY COUNCIL - IsT READING November 3, 2003 SECTION 10.28. ARCHITECTURAL STANDARDS SUBD. 1. PURPOSE. The purpose of establishinq criteria for architectural desiqn and exterior treatment of buildinqs is to ensure hi.qh standards of development that i~ ~ompat b e with neiqhborin.q development an~ contributes to a community image of permanence, stability, and visual aesthetics, while preventinq impermanent constructio. and use of materials that are unsiqhtly, rapidly deteriorate, contribute to depreciation of neiqhborhood property values, or cause urban bliqht. The standards are further intended to ensure coordinated desi.qn of buildinq facades, additions, and accessory structures i, order to prevent visual disharmony, and to reduce visual monotony throu.qh variation o1' building materials, heights, offsets, chanqes in buildinq plane, and the like. SUBD. 2. APPLICABILITY. Architectural Standards in this section shall apply to the exterior construction of new commercial industrial, inst tut onal bu dings, and the like, well as multiple family buildings exceedinq e .qht units, and as follows:' a) Existin.q Buildinqs. Buildinq additions and remodelinq of existing commercial, industrial, and institutional buildin.qs shall also be subject to Architectural Standards, however the affect of the architectural standards on the buildir~.q~ existin.q appearance shall be considered, to ensure visual harmony, and consistency with the purpose of the Architectural Standards section. b) Herita.qe Preservation Sites and Heritaqe Preservation District. Buildinqs and properties within the Heritaqe Preservation District, or designated as a Herita.qo Preservation Site shall also be subject to conformance with Chapter 2.18, Heritaqo Preservation Commission, of the City Code. In areas of discrepancy between standards, the City Council shall decide on the applicability of the standard. c) Original Hastinqs Desian Guidelines. Buildin.qs and properties as identified in the "Oriqinal Hastinqs Design Guidelines" (adopted by the City Council on May 5, 2003) must adhere to the requirements of the adopted .qu de nes in addition to prov sons of this section. In areas of discrepancy between standards, the City Council shall decide on the applicability of the standard. SUBD. 3. GENERAL REQUIREMENTS a) Buildin.q desi.qn and construction standards must be used to create a structure with equally attractive sides. Primary emphasis shall be placed on the most visible side,.'; of a building. I[ .Primary bu dln.q entrances must be clearly defined to promote visual interest and architectural presence. C) Large, un nterrupted expanses of a single building mater al shall not be permitted, unless the use meets the purpose or intent of this section as determined by thn Administrative Official. d) No wall that faces a public ri.qht-of-way, parks, the public view from adjacent properties or a residential use or district may have an uninterrupted lenqth exceeding 100 feet without includinq at least two of the followinq: 1) Change in plane 2) Chanqe in texture or masonry pattern 3) Inclusion of windows 4) Equivalent chanqe or incorporation of a buildinq element that subdivides the wall into smaller proportions. e) All buildinqs on a lot, or as part of a unified development, shall be of compatibln desiqn and materials. Emphasis shall be qiven on the position of buildings on the site to .qive visual interest. SUBD. 4. SPECIFIC REQUIREMENTS a) Desiqn Creativity. Creativity and innovation in buildin.q desiqn is encoura.qed. Desiqn creativity shall be a determining factor in deviatinq from the specific materials standards listed in this section b) Classes of Material. For the purposes of this section, acceptable exterior materials are divided into Class 1, Class 2, and Class 3 cateqories as presented in Table 10.28-1, as follows: TABLE 10.28-1 Classes of Materials Class I Class 2 Class 3 · Brick · EIFS or Drivit · Industrial grade concrete precast panels · Natural Stone · Masonry Stucco · Smooth concrete · Glass (includinq block, · Specialty Inte.qral Colored windows, or opaque Concrete Block ('including · Scored concrete mirrored panels) textured, burnished block, rock face block) · Ceramic · Seamless metal panels (includinCl copper) · Architecturally textured · Wood concrete precast panels · Other materials not listed · Aluminum or Vinyl Siding elsewhere as approved by - Tile (masonry, stone or the Administrative Official clay) · Other materials not listed elsewhere as approved by · Other materials not listedthe Administrative Official elsewhere as approved by the Administrative Official c) Required Combinations of Materials. Buildinqs must incorporate classes of materials for each faqade in the following manner: 1) Office, Retail, Service, or institutional Buildings a) Front facades, and side and rear facades visible from public ri.qht/s)-of-way, the public view from adjacent properties, parts, or residential uses or districts must b e composed o f a t least 65 percent of Class 1 or 2 materials, with Class 1 materials comprising at least 25 percent of the total fa<;;ade. b) Side and rear facades not visible from public ri.qht(s)-of-way, parks, public view from adiacent properties or residential uses or districts may use any combination of Class 1, 2, or 3 materials. 2) Industrial and warehouse buiidinqs, multi tenant office\industrial\warehouse, or showroom\warehouse or other combination a) Front facades must be composed of at least 75 percent of Class 1 or ? materials, with Class 1 materials comprising at least 25 percent of the total fa~;ade. b) Side and rear facades visible from public ri.qht(s)-of way, parks, public view from adjacent properties, or residential uses or districts must be composed of a least 25 percent of Class 1 or 2 materials. c) Side and rear facades not visible from public ri.qht(s)-of-way, parks, public view from adjacent properties or residential uses or districts may use any combination of Class 1, 2, or 3 materials. 3) Multiple Family Residential Buildinqs exceeding eiqht units a) Front facades, and side and rear facades visible from public riqht(s)-of-way, the public view from adjacent properties, parts, or residential uses or districts must be composed of at least 25 percent of Class 1 materials, and at least 25 percent of Class 2 materials. b) Side and rear facades not visible from public ri.qht(s)-of-way, parks, public, view from adjacent properties or residential uses or districts may use any combination of Class 1,2, or 3 materials. (Section 10.29, inclusive, reserved for future expansion). SECTION 10.30. ADMINISTRATION AND ENFORCEMENT. SUBD. 1. The ~ Planning Director is hereby designated as the "administrative official" for purposes of administration and enforcement of the Sections of the City Code having to do with zoning matters, in particular Section 2.04 and Section 10.30, SUBD. 2. DUTIES OF THE ADMINISTRATIVE OFFICIAL: a) Provide zoning information. b) Determine that all building and other related permits comply with the terms of this Chapter and issue or deny such permits. c) Receive, file and forward all applications for appeals, variances, special uses, or other matters to the designated official bodies or person(s). 6 d) Maintain permanent and current records of this Chapter, including, but not f/mired to, all maps, amendments and special uses, variances, appeals and applications therefore. e) ~ Notify affected property owners of required official and unofficial public hearings, and publish notice of such hearings, all as required by this Chapter. f) If the administrative official shall find that any of the provisions of this Chapter are being violated, he/she shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. g) The administrative official shall order discontinuance of illegal use of land, buildings, or structures; removal of illegal buildings or structures or illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other action authorized by this Chapter to ensure compliance with or to prevent violation of its provisions. h) Institute in the name of the City, with the cooperation of the City Attorney, any appropriate actions or proceedings against a violator as provided by law. VI-6 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 2003-2004 Snow Removal Agreement Recommended City Council Action It is recommended that the City Council take action approving the same snow removal agreement as last year (attached) with Ross Albertson, for certain City and HRA property located in the downtown area, including the City Hall and adjacent parking lots. [ CITY OF HASTINGS AGREEMENT FOR SNOW REMOVAL 2002-2003 This Agreement and fee schedule specify the work to be completed by Ross Albertson, 1332 Featherstone Road, Hastings, Minnesota, and the payments for the work to be made by the City of Hastings. The terms of this Agreement shall begin on November 22, 2002 and continue until May 1, 2003. 1.) 2.) 3.) 4.) 5.) Mr. Albertson shall be considered an independent contractor and shall provide evidence of comprehensive, liability and collision moto~ vehicle insurance, on all vehicles that will be used for snow removal operations, in mounts no less than that which is required by Law. The City of Hastings and the City Housing and Redevelopment Authority shall be named as additional insureds on the policy. The insurance, must include, at a minimum, public liability, personal injury liability and motor vehicle insurance, all in the amounts of at least $1,000,000 per occurrence, and per year. This shall include an endorsement identifying the City of Hastings and the City Housing and Redevelopment Authority as an additional insured. Additionally, Mr. Albertson will be required to provide an agreement, holding harmless and agreeing to indemnify the City of Hastings and the City Housing and Redevelopment Authority, for damages that either may suffer, due to the negligence of Mr. Albertson. Contractor shall plow all snow, including sanding, de-icing and salt, from all sidewalks, steps and parking lots described on the attachment, and identified on the attached map. This does include the sidewalk on the north side of the Public Square, adjacent to the street, west of the main sidewalk (which runs north/sguth leading to the City Hall.) Any snowfall of 2" or more must be plowed from sidewalks and steps within 12 hours, and from parking lots within 24 hours. Iced areas on sidewalks and steps must be cleared and sanded as soon as possible, and in all cases within 12 hours. Contractor shall provide all equipment and supplies, except for de-icer for concrete and calcium chloride for all other areas, which is available at the Street Department. Contractor shall be responsible for pick up at the Street Department. If Mr. Albertson is disabled, or otherwise unable to perform these services, the agreement will be canceled, and the retainer shall be pro-rated accordingly for the month in which services are unable to be performed. AREA ONE SNOW REMOVAL AREAS AND FEES Sidewalks adjacent to Oliver's Grove Park, abutting Second Street and Ramsey Street. Sidewalks adjacent to the old grain elevator site, abutting Second Street and Tyler Street, and the sidewalks adjacent to the Parking lot at Third Street and Tyler Street. Sidewalks adjacent to the municipally owned parking lot. Sidewalks adjacent to the vacant lot and sidewalk at 3rd and Ramsey Street. This area does include the steps behind the Johnson Hardware Parking Lot. In addition, clear snow and ice buildup at the sidewalk adjacent to 222 Ramsey Street. Snow Season Retainer: Per Event Charge: $1,100.00 $ 180.00 AREA TWO The sidewalks on the south and west of the parking lot at Sibley and 4th Street, and the sidewalks on all four sides of the block bounded by 3ra Street, 4th Street, Sibley Street and Vermillion Streets. This does not include the Police Parking Lot (apron) in front of the garage doors. Snow Season Retainer: Per Event Charge: $1,100.00 $ 165.00 AREA THREE The sidewalks inside the four sides of the block bounded by 3rd Street, 4th Street, Sibley Street and Vermillion Street. This includes all sidewalks leading to the doors of both the Police Station and City Hall, and three sets of steps: a.) adjacent to Vermillion Street; b.) the entire step area on the north side of City Hall; c.) adjacent to the Police Station. Snow Season Retainer: Per Event Charge: $1,100.00 $ 150.00 The Snow Season Retainer shall be paid as follows: a.) Execution of the Agreement: b.) January 1, 2003 Michael D. Wemer, Mayor Melanie Mesko Lee, City Clerk $1,100.00.~ ~' I~[[t~(0r~'~ $1,100:0010:00~" ~'f~ Ross Albertson (SEAL) Transmittal VI-7 DATE: TO: October 27, 2003 City of Hastings 101 4th Street East Hastings, MN 55033-1955 PROJECT: Hasdngs City Hail Roof Repair ATTN: David M. Osberg COMMISSION 4~: 212003-00 Please remit payment directly to: John A. Dalsin & Sons, Inc. ' 2830 20th Ave. So. Minneapolis, MN 55407 WE ARE SENDING TO YOU [] Shop Drawings [] Attached [] Copy of Letter [] Plans PURPOSE [] For Your Approval [] As Requested [] Samples [] Specifications [] Prints [] DiskYCD [] Other See Description [] Approved [] Approved as Noted [] Not Approved [] For Your Use [] For Review and Comment [] Revise and Resubmit [] Copies for Approval VIA COURIER [] Mail [] FedEx [] UPS [] Priority [] STD. [] 2~ Day [] 1 hr [] 2 hr [] 3 hr [] Same Day [] Hand Delivered TY NUMBER DATE DESCRIPTION 10/31/03 Application and Certification for Payment No. 2 SENDER: Wally Danids OS: arum FILE [] Transmittal and Copy to File XC: Tom Howard (with one copy) [] Transmittal Only to File Z IT VI-8 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 Unpaid Leave of Absence Recommended City Council Action The City Council is asked to take action approving a two week unpaid leave of absence for Lynn Benson, Accountant, of the Finance Department. Backqround Lynn Benson, an Accountant in the Finance Department has submitted a request for a two week unpaid leave of absence, from March 1, 2004-March 12, 2004. Staff has attached a copy of the current policy regarding unpaid leave of absence, which became effective January 4, 2000. The current request before the City Council meets the conditions spelled out in the policy but for one provision: "Prior to requesting a leave under this section, an employee must first exhaust all available paid leave." The current request before the City will not result in an exhaustion of all available paid leave. The purpose of the request is to combine two weeks of vacation to allow for about a one month absence from work, which has been approved by Finance Director Lori Webster. As a result of the unpaid leave of absence, the City will save approximately $1,800. Payment of 100% of the applicable insurance premiums during the unpaid leave of absence will be the responsibility of the employee. City A~ [ I[ Policy: Approved by: Effective Date: UNPAln LEAVE OF ABSENCE City Council January 4, 2000 Section: 8.40 Page I of 2 Policy Notice Approval Unapproved Leave of Absence The City of Hastings may grant an unpaid leave of absence to an employee upon written request. Prior to requesting a leave under this section, an employee must first exhaust all available paid leave. The employee must request a leave of absence in writing as far as in advance as possible of the date so desired, and forward it to their immediate supervisor, who will then direct the request to the department head or the City Administrator with the superyisor's/departmant head's re.commendation. An unpaid leave of absence requires the advance written approval of the City Administrator. In the case of death or other ~ragedy, itmay not be possible to request a leave well in advance so each request will be judged individually by the City Adml-lstrator. The unpaid leave of absence may be granted at the discretion of the City Administrator based on consideration of the following factors: l. Municipal service needs; 2. The employee's performance record and length of service; 3. The reason(s) for the request; 4. Any other releyant information; and 5. The supervisor and/or department heM's recommendation. Any absence of an employee from duty, including any absence for a single day or part of a day, that is not authorized by a specific grant of leave of absence under the provisions of this policy, will be dgemed to be absent without leave. Any such absence shall be without pay and the employee will be subject to disciplinary action, including discharge. Any employee who absents hlm.~elf/herself themselves for any three (3) working days within a one (1) year period without approved leave may be discharged. Limits Status of Benefits Insurance Continuation Cancellation of Leave Page 2 of ? The City Adrnin)strator may authorize regular employees to be absent without pay for personal masons for a period, or periods, not to exceed a total of t~n (I0) working days in any calendar year. Leaves of absence without pay in exceed often (10) days in a calendar year, must be submitted to, and approved by, the City Council. Leave of absences will not be given for the purpose of enabling any employee to work for another employer orto engage in any form of self-employment. Any employee who obtains a leave o£absence by misrepresenting the purpose therefore shall be discharged. Benefits including vacation leave, holidays, sick leave or other forms of indirect compensation will not accrue during an unpaid leave of absence. Step increase eligibility and review periods will be extended by the length of the unpaid leave. The employee may continue to be covered by applicable insurances, but will be responsible for paying one hundred percent (100%) of the premium costs in advance. The City Administrator may cancel any unpaid leave of absence for just cause at any time upon prior written notice to the employee specifying a reasonable date for return for work. Repeals: Section 34-Absence lVithout Leave [ il ...................................................................... VI-9 FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk October 29, 2003 Laura Hoff--Request for Unpaid Leave of Absence Laura Hoff has requested an unpaid leave of absence for treatment of a serious medical condition, effective once her leave balances are exhausted. The City's Personnel Policy states that any unpaid leaves of absence in excess often days must be acted upon by the City Council. City staff recommends approval of an unpaid leave of absence. Additionally, if this leave is approved, Ms. Hoff will be responsible for any insurance continuation costs, through COBRA. Information regarding this continuation will be immediately sent to Ms. Hoff, subject to Council's approval of the unpaid leave of absence. If you have any questions, please let me know. MEMO VI-lO To' From: Date: Re: Honorable Mayor and City Council Tom Montgomery October 30, 2003 Approve Change Order #1, Riverwood South Oaks Project Enclosed for Council approval is Change Order #1 to the 2003 Riverwood South Oaks improvement project. The change order is in two parts; part one entails negotiated unit prices for 1-1/2 inch lawn irrigation services that were requested by the developer, and unit prices for installing utility conduits at intersections and for watermain insulation. The estimated cost for part one is $46,159. This cost will be included in the developments' assessments. Part two of the change order involves adding street, sanitary sewer and watermain construction of a private drive off of Bohlken Dr. that will serve four lots in the South Oaks 2na Addition. The developer has requested that the City add this work to our construction contract. The estimated cost for part one is $91,493.59. This cost will also be included in the developments' assessments. Them is no City expense or contribution for either of these requested changes. PRIVATE DRIVE City of Hastings - Engineering Department CHANGE ORDER #1 Contractor: Address: Location: Contractors Edge, Inc. 16511 563 Avenue Good Thunder, MN 56037 Hastings, MN 55033 City Project No.: 2003-2,3,4,5 Contract Name: 2003 City Improvements In accordance with the terms of this contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions 1. Prices for new items have been agreed to as follows: 1 ½" Type K copper for sprinkler service lines - $13.67 LF 1 lA" Corporation Stop - $275.00 EA 1 ½" Curb Stop w/Box - $275.00 £A 2" Thick 4'X8' sheet of insulation - $46 EA Install Private Utility Conduit - $4.88 LF, materials provided by Dakota Electric Estimated Quantities and Cost' 15 - Curb Stops w/box ~ $275.00 ea -- $4125.00 15 - Corporations stops ~ $275.00 ea = $4125.00 15 - 60' Service lines (1.5" Type K Copper) ~ $13.67/LF = $12,303.00 5200LF of Private Utility Conduit ~ $4.88/LF = $25,376.00 5 Sheets Insulation ~ $46.00/Sheet -- $230.00 TOTAL ESTIMATEO COST - $46,159.00 Street, Sanitary Sewer and Watermain Improvements per bid unit prices for Bohlken Dr. Private Dr. as detailed on attached estimate spreadsheet: TOTAL ESTIMATEI) COST - $91,493.59 Total Estimated Cost, Change Order No. 1 - $137,652.59 Approved By:_ CityEngineer Date: Accepted By: Contractors Authorized Representative Date: M:\CONSTRUCTION_PROJECTS~2003\WordDocs~RSO\#1 8.26.2003 Rev TMM.doc i[ OFI- ASrr aS r I 2003 IMPROVEMENT PROGRAM - BID TABULATION PRIVATE CUL-DE-SAC CONSTRUCTION ESTIMATED COSTS Contractor's Edge, Inc. ESTIMATED QUANTITIES 16511 563 Avenue Good Thunder, MN 56037 NOTE ITEM TOTAL UNIT NO. DESCRIPTION UNIT QUANTITY PRICE COST 1 SUBGRADE PREP RS 3.4 $128.52 $436.9~ 2 AGG BASE CL 5 (ROADWAY) TON 312 $7.5-~ $2~355.6( 3 BIT MATERIAL FOR TACK COAT GAL 38 $1.53 $58.1 ~1 4 BIT WEAR COURSE MV3 TON 77 $30.4~; $2~340.8C 5 BIT NON-WEAR COURSE MV3 TON 77 $29.33 $2,258.41 6 [34 MODIFIED CURB & GUTTER LF 548 $10.2(~ $5~589.6£ 7 ~,DJUST FRAME & RING CASTINGS EA 1 $311.71 $311.71 8 SOD SY 183 $1.73 $316.5C 9 ¢" PVC SDR 26 - FOR SERVICES LF 170 $7.00 $1,t90.0~ 10 5" PVC SDR 35 10'-12' LF 162 $14.57 $2,360.34 11 5" PVC SDR 35 12'-14' LF 4145 $15.35 $63~625.75 12 ¢" ON 8" PVC WYE EA 3 $39.87 $119.61 13 ~8" DIA MH EA I $1~506.97 $1,506.97 14 Y' DIP W/FITTINGS LF 246 $20.20 $4~969.21~ 15 1"CORPORATION STOP EA 3 $72.75 $218 16 1" TYPE K COPPI:N LF 170 $7.61 $1~293.Y~1 17 1" CURB STOP AND BOX EA 3 $61.23 $183 18 6" GVAND BOX EA I $666.67 $666.6~ 19 6" HYD 8'-0" BURY EA I $1r691.59 $1,691.6!'~ PROJECT TOTAL $91,493.53 MEMO VI-11 To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery October 30, 2003 Prohibit Truck Traffic on 21st St. Enclosed for Council approval is a resolution prohibiting truck traffic on 21st St. between Eddy St. and CSAH 47. At the October 20th assessment hearing, a resident complained about the width of the newly constructed street, and the use of the street as a short cut by many vehicles, including tracks. 21st Street was constructed to an 18 ft. width and was designed to serve as an alley-type access for the three homes abutting 21st Street. The road was not designed to support track traffic. In response to the resident's complaint, staff has prepared the enclosed resolution prohibiting track traffic on 21st St. for the Council's approval. CITY OF~TIN~S CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTION pROIflBITING TRUCK TRAFFIC ON 21ST ST. BETWEEN EDDY STREET S2~D CSAH 47 WHEREAS, 21st St. between Eddy Street and CSAH 47 is an 18 ft. wide, narrow residential street, and WHEREAS, 21st Street was not designed to support truck traffic and large trucks using this street will create unsafe conditions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; City staff is hereby directed to place signage prohibiting truck traffic on 21st St. between Eddy Street and CSAH 47. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3nt DAY OF NOVEMBER, 2003. Ayes: Nays: ATTEST: Michael D. Wemer, Mayor Me/arde Mesko Lee, City Clerk I I[ ¥I-12 HASTINGS POLICE DEPARTMENT MEMO TO: FROM: DATE: SUBJECT: .. Mayor Mike Werner Hastings City Council Members Chief McMenomy October 29, 2003 Consent Agenda Item ~ Civil Defense Siren At the previous council meeting we submitted a consent agenda item approval for placement of civil defense siren in the new Century South housing development. After this was approved by council we were contacted by the developer, Jim Johnson, regarding the location approved for this siren. He requested moving the siren approximately one and a half blocks east of the location previously approved by the council. The new location for the siren, according to the developer, would blend in aesthetically with the buildings and development in the area, and he had agreed to pay for any cost incurred in new widng or running electricity to that site. There is electric hook up currently at that location, and public work director Tom Montgomery reviewed this request form the developer and had no objection to it also. Consent agenda approval is requested for this new location of the civil defense siren. MCM/mjc 504 36TH ST. L 38O 3~ 3575 $59 7 [ zL-I Z - - 3 8 1 - ~' ,: zL 9 - Z C '- , ' .~, ,.~ 7),_3..? 5'1 7- 363 525 VI-13 HASTINGS POLICE DEPARTMENT MEMO TO: FROM: DATE: SUBJECT: Mayor Mike Werner Hastings City Council Members Chief McMenomy October 30, 2003 Consent Agenda Item - Excess Property Sale This memo requests council approval to conduct a sealed bid for the sale of three vehicles. The vehicles are three former squad cars that had been used by the police department, as well as two of the squad cars were used by the building code enforcement division of the City for the past few years. Listed below is a description of the three vehicles. Description ViN 1992 Ford Crown Victoria 2FACP72W3NX195819 1998 Ford Crown Victoria 2FAFP71W7WX174665 2000 Ford Crown Victoria 2FAFP71W6YX176040 Plate City Property No. 9220 FHM793 9802 98390 0002 These vehicles are no longer being used by any city department and have been made available for any other department. The maintenance and cost of keeping these vehicles running exceeds the value to the City. These vehicles will be put up for sale by sealed bid. If you have any questions concerning this consent agenda item please do not hesitate to contact me. Thank you. MCM/mjc VI-14 MEMO October 30, 2003 To: Mayor and City Councilmembers From: Tom Kusant, Facilities Maintenance Re: Lifeworks Service's Contract Renewal The City has contracted with Lifeworks Services on an annual basis for light cleaning services for years. The Lifeworks crews take care of dusting, glass cleaning, wood polishing and recycling collections at City Hall and the Police Station. These services are done very well by the Lifeworks personnel and at a much reduced cost than paying the full time cleaning crews to do the same work. The money for this contract has been budgeted, the estimatpd cost for services in 2004 is about $2000. This is up about 2.5% from 2003. It is with great pleasure that I recommend that the City of Hastings renew their cleaning services contract with Lifeworks Services for 2004. Tom Kusant, Facilities Maintenance VII-1 Hastings Gymnastics Amend Special Use Permit/Site Plan City Council Memo - November 03, 2003 Page 1 Memo To' Mayor Werner and City Council From: Kris Jenson Associate Planner Date: November 3, 2003 Subject: Special Use Permit/Site Plan #2003-75 - Retail and Service establishment in the I-1, Industrial Park District- Hastings Gymnastics - 2628 Millard Avenue REQUEST Lawrence Belk is seeking to amend the Special Use Permit approved by the Hastings City Council in August of 2001. Mr. Belk is looking to add on to the existing building by approximately 4,000 square feet and expand the parking lot by 18 spaces. RECOMMENDED ACTION Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. industrial. The subject property is classified I, Zoning Classification The subject property is zoned I-1, Industrial Park. Retail and service establishments are an allowable special use in the district. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoninq Comp Plan North Industrial Industrial I-1 Industrial East Industrial Industrial I-1 Industrial South Industrial industrial I-1 industrial West Park Pub - Institutional P - Public Hastings Gymnastics Amend Special Use Permit/Site Plan City Council Memo - November 03, 2003 Page 2 Existing Condition The existing site has a 10,000 square foot facility and 46 space parking lot. SITE PLAN REVIEW Building Addition The applicant is proposing to add 4,000 square feet at the rear of the existing building. The building materials appear to be the same as the existing building. Parking Lot Addition The new parking area extends to the west, and will be setback from the rear property line 18 feet. It will have concrete curb surrounding the area, as the existing parking lot does. Landscape Plan The landscape plan shows a continuation of the plantings currently along the building to the west edge of the building, and sod for the remainder of the site. Grading and Drainage Grading and Drainage plans are currently being reviewed, and approval of the plans must be received prior to issuance of a building permit. SPECIAL USE PERMIT REVIEW Operations The applicant proposes to continue to operate a gymnastics facility. Parking and Circulation A total of 46 spaces are currently available on the site. The parking ordinance does not clearly address this specific type of use. Upon examination of other community's parking ordinances, it appears that the number of spaces proposed is adequate. Staff is recommending that a provision be added to the Special Use Permit for the property owner to obtain a joint parking agreement with neighboring facilities for use of their parking during larger events and meets. Part of this rationale is that the peak parking times for the gymnastics center will be evenings and weekends, opposite of most industrial and office uses in the area. The Applicant has indicated that he does have some parking agreements, and Staff will verify those prior to issuance of a certificate of occupancy. ATTACHMENTS · Location Map · Site Plan · Application HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING AN AMENDMENT TO A SPECIAL USE PERMIT TO ALLOW A RETAIL/SERVICE ESTABLISHMENT IN THE I-1 INDUSTRIAL PARK DISTRICT AT 2628 MILLARD AVENUE, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Lawrence Belk has initiated consideration of an amendment to a Special Use Permit to allow a retail/service establishment in the I-1 Industrial Park District at 2628 Millard Avenue, legally described as Lot 3, Block 1, HASTINGS INDUSTRIAL PARK NO. 2, Dakota County, Minnesota WHEREAS, on November 3, 2003, a Public Hearing on this proposed special use permit was held before the City Council of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That a special use permit to operate a retail/service establishment is hereby granted, subject to the following conditions: That Hastings Gymnastics Center obtains or provides evidence of a Joint Parking Agreement with neighboring facilities to allow use of the neighboring sites during large events or meets prior to a certificate of occupancy being issued. That the exterior building materials of the addition be compatible with the existing structure. 3. Adherence to Industrial Park Appearance Standards. Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 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. Grading and Drainage plans must be approved prior to the issuance of a building permit. BE IT FURTHER RESOLVED, that a copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member being put to a vote adopted by Ayes: __ Nays: __ Absent: moved a second to this resolution and upon present. ATTEST: Michael D. Werner, Mayor Melanie Mesko Lee Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of November, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings (kkj) 101 4th St. East Hastings, MN 55033 0CT-20-2003 13:28 CITY OF HASTINGS 65143??082 P.02/02 LAND ¢131SI E APPLICATION CiTY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Address of Property: Legal Description of Properly- Applicant: Address Ph°ne~l ' ~ ~ ~ '--~ Phone Fax - Fax EmaiJ Email Description of Request (include site plan, su~ey, and/or plat if applicable): Owner (if different from Applicant): Nome Address Check applicable box(es): Final Plat Minor Sub, Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: Note: All fees and escrow amounts due at time of application. $600 ~ $500 $50 $500 $500 $500 $500 $250 $50 $400 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow; - Under 10 acrest $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 Plant'lng + $3000 Engineering) Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement Signature of Applicant Date Signature of Owner Date Applicant Name and Title - Please Print Owner Name - Please Print Official Use Only File # ~_.~T~,~ ?G Rec'd By: Fee Paidt~~ Receipt App. Complete ' TOTAL P.02 MILLAt~.D ~,V'ENUE I~ITE I~ATIC~N VIII-B-1 Hastings Gymnastics Amend Special Use Permit/Site Plan City Council Memo - November 03, 2003 Page 1 Memo To: From: Date: Subject: Mayor Wemer and City Council Kris Jenson Associate Planner November 3, 2003 Special Use Permi'dSite Plan #2003-75 establishment in the I-1, Industrial Gymnastics - 2628 Millard Avenue - Retail and Service Park District- Hastings Please see the Staff Report and attachments under the public hearings section 'of the packet. Memo VIII-B-2 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: November 3, 2003 Subject: Ordinance Amendment\Resolution - Schoolhouse Square 2nd Addition Rezoning\Preliminary Plat\Final Plat #2003-63 - Camegaran, LLC (9th and Vermillion Streets) REQUEST Camegaran, LLC requests approval of the following actions related to SCHOOLHOUSE SQUARE 2ND ADDITION, located on the former Hastings Middle School Site east of Vermillion between 8~h and 10th Streets: Rezone approximately 3.37 acres from R-2, Medium Density Residence to C-3, Community Regional Commerce\Planned Residential Development. First reading of the Ordinance Amendment to rezone propertywas considered on October 6, 2003. The public hearing was held October 20, 2003. Action was delayed in order to be considered with the Preliminary and Final Plat. · Preliminary Plat and Final Plat to subdivide 5.95 acres into one commercial lot and three outlots for future development. The request is submitted in conjunction with a Site Plan for the construction ora 23,395 s.f. commercial building on Lot 1, Block 1 containing a mixed use retail, office, and commercial building containing a Green Mill Restaurant and Dunn Brothers Coffee. RECOMMENDATION The Planning Commission unanimouslyvoted to recommend approval of the request at the September 22, 2003 meeting with limited discussion. Paul Swanstrom, owner of 807 Vermillion Street stated he had previously submitted a letter objecting to vacation of 9t~ Street, but is no longer in objection. ATTACHMENTS · Ordinance Amendment- Rezoning · Resolution - Preliminary and Final Plat · Location Map · Plat · Utility Plan · Application HISTORY Development Plan Development Plan approval was granted by the City Council on September 3, 2002. It serves as a master plan for site development by outlining uses, density, parking, landscaping, and architectural style. Individual components of the plan (townhomes, retail building, and apartments) must now come back before Planning Commission and City Council for formal platting and site plan approval, and reviewed to ensure conformance with the development plan. As part of the development plan, the applicant entered into a development contract with the City to ensure performance consistent with the Development Plan. Schoolhouse Square (1st Addition) The first addition of Schoolhouse Square was approved by the City Council on December 16, 2002. The phase consisted of 12 units of rowhouse style townhomes and the creation of one single family lot along 8~ Street. Vacation of 9th Street The City Council approved the vacation of 9t~ Street on October 6, 2003. 9~ Street has been incorporated into the plat. BACKGROUND INFORMATION Comprehensive Plan Classification The Comprehensive Plan designates the property as: · C - Commercial - West Half, adjacent to Vermillion Street · U-III, Urban Residential (8+ units per acre)- East Half along Ramsey Street Zoning Classification The property is zoned as follows: · Proposed C-3, General Commerce- Lot 1, Block 1; and Outlot B · R-5, High Density Residence- Outlots, A and C · R-2, Medium Density Residence - Outlot D The project was approved as a planned residential development, allowing deviations from specific zoning provisions (setbacks, lot size, etc) as well as the ability to cluster units on a portion of a property at a density equivalent to the entire parcel, in exchange for a higher level of design. nd Rezoning\Preliminary Plat\Final Plat #2003-63 - Schoolhouse Square 2 Addition City Council Memo - November 3, 2003 Page 3 Adjacent Zoning and Land Use Direction Exisfinq Use Zonin,q Comp Plan North Eight Street Single Family Res. East Schoolhouse Sq 1st Townhomes South 10th Street Walgreens Single Family Res. West Vermillion Street Office Single Family Res. R-2 - Med Den Res. U-I\U-II R-5 - High Den Res. U-III-UrbRes. C-3 - Comm. Reg Comm. C- Comm. R-2 - Med Den Res. U-II - Urb Res. O-I - General Office U-I - Urb Res. R-2 - Med Den Res. Existing Condition Former site of Hastings Middle School, also incorporates two homes located north east of 9t~ and Vermillion Streets. The exiting site slopes down over 30 feet from a high point along the north central portion to a Iow point along the northeast corner. The western half of the site is generally fiat and graded. The site excludes the 12 rcwhouse style townhomes constructed as part of the first addition of Schoolhouse Square. REZONING REVIEW Request The applicant proposes to rezone 3.37 acres from R-2 - Medium Density Residence to C- Community Regional Commerce. Analysis The change is consistent with the Comprehensive Plan Land Use Map. The proposed area abuts the Vermillion Street commercial corridor, and neighboring commercial uses to the south. Care must be taken during review of the Site Plan to ensure adequate separation for adjoining residential uses. PRELIMINARY AND FINAL PLAT REVIEW Request Preliminary and Final Plat approval to subdivide 5.95 acres into one commercial lot, and four outlots for future development. Securing Palmer Property - 119 9th Street East Camegaran has submitted an Exchange and Land Purchase Agreement for acquisition of the property. The Palmers have agreed to execute the Final Plat mylars upon request of the developer if the property exchange has not been executed. The agreement has been submitted to the City Attorney for review and comment, Lot Layout Lot layout is acceptable and consistent with the City Code and approved Development Plan. Outlots three outlots are planned for future development. prohibited, until replatted as a lot and block of record. Development of outlots would be Streets No new public streets are included as a part of this plat. All access drives would be privately owned and maintained. A homeowners association must be established to ensure maintenance and access to all property by the owners, and not the City. Vehicular Access and Circulation Access and circulation will be further reviewed as a part of Site Plan approval. Lot 1, Block 1 abuts Vermillion Street. Access is planned via a right in\right out entrance to Vermillion Street, as well as a private drive across the remaining outlots to access 10th Street, north of Sibley Street. 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 of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Park Land Dedication Cash in lieu of land in the amount of $2,640 (1.76 acres at $1500 per acre) shall be paid for park land dedication prior to release of the final plat mylars for recording. Park dedication includes only lots or record; future park land dedication will be required upon platting of outlots into lots of record. Interceptor Sewer Fee Sewer interceptor fees in the amount of $3,432 (10.56 services at $325 per service) before release of the final plat mylars. Future sewer inceptor fee payment will be required upon development of remaining outlots. Tree Preservation Plan Atree preservation plan for the Site has been submitted. Staff is evaluating proposed tree removal and will provide further information at the meeting. Traffic Traffic impacts will be further reviewed as a part of Site Plan approval. Minnesota Department of Transportation Review The Plat has been sent to the Minnesota Department of Transportation (MNDOT) for review and comment. A condition has been added to satisfy any MNDOT requirements. Residential Access Plan Properties currently having access to 9t~ Street must have secured access through the site to access Vermillion Street. Access must be maintained as well during construction of the site. Access Easements Access easements must be submitted for approval to guarantee access to all lots and outlots not directly adjacent to an improved right-of-way, prior to release of the Final Plat mylars for recording. Off Site Improvements The following off site improvements shall be required as part of Preliminary and Final Plat approval of SCHOOLHOUSE SQUARE 2ND ADDITION: 1) Vermillion Street Median - The center median of Vermillion Street between 8~ Street and 10t' Streets must be reconfigured to close full access at 9t~ Street, and eliminate the left turn lane to 9~ Street from southbound Vermillion Street. All costs associated with reconstruction and reconfiguration of the median shall be the responsibility of the developer. 2) Right Turn Lane from Northbound Vermillion Street - A right turn lane access into the site from northbound Vermillion Street must be constructed. All costs for the improvement shall be the responsibility of the developer. 3) Left Turn Lane from Southbound Vermillion to 10~ Street- The existing left turn lane from southbound Vermillion Street to 10~ Street must be lengthened. All costs shall be the responsibility of the developer. 4) 10th Street Improvements - Ramsey to Vermillion - 10th Street improvements including a right turn lane from westbound 10t~ Street to Vermillion; left turn lane from eastbound 10t~ Street into the site; and associated sidewalk, and signal relocation, must be included as part of the improvements for site development. The Planning Committee discussed the developer petitioning for the improvements, and the City participating in 80 pement of the improvement cost, and assessing the minimum 20 pement as required by the Chapter 429 Improvement Process. ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE PERTAINING TO: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings as follows: Subdivision 1. The following legally described property generally located east of 9th and Vermillion Streets is hereby rezoned from R-2 - Medium Density Residence to C-3 - Community Regional Commerce: The South 75 feet of Lot 6 and 7, Block 48, ADDITION NO. 13, Dakota County Minnesota, and the East 10 feet of the South 75 feet of Lot 8, Block 48, and the East I0 feet of Lot 13, Block 48, and all of Lots 14 and 15, Block 48. ADOPTED BY THE CITY COUNCIL THIS DAY OF ,2003. ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee, Administrative Assistant/City Clerk I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of November, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, Administrative Assistant/City Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE PRELIMINARY PLAT AND FINAL PLAT OF SCHOOLHOUSE SQUARE 2Nn ADDITION A MIXED USE SUBDIVISION GENERALLY LOCATED EAST OF VERMILLION STREET BETWEEN 8xl~ AND 10xn STREETS, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Camegaran, LLC has petitioned for preliminary plat and final plat approval of SCHOOLHOUSE SQUARE 2ND ADDITION, a mixed use subdivision containing one commercial lot and three outlots for future development on 5.95 acres generally located east of Vermillion Street between 8th and l0th Streets legally described as follows: Outlots A, B, C, and D, SCHOOLHOUSE SQUARE, Dakota County, Minnesota; and Lot 6, Block 1, and Lot 7, Block 1, WM C. H ERNDON'S ADDITION TO THE TOWN OF HASTINGS, except those parts lying with the plat of SCHOOLHOUSE SQUARE, Dakota County, Minnesota; and Vacated Ninth Street lying westerly of the southerly extension of the west line of the East 25 feet of Lot 7, Block 1, WM. C. HERNDON'S ADDITION TO THE TOWN OF HASTINGS, Dakota County, Minnesota, and easterly of the southerly extension of the west line of Outlot D, SCHOOLHOUSE SQUARE, Dakota County, Minnesota. WHEREAS, on September 22, 2003, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Preliminary Plat and Final Plat subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the preliminary plat and final plat of SCHOOLHOUSE SQUARE 2N~) ADDITION subject to the following: o o 10. 11. Securing ownership of all properties proposed as SCHOOLHOUSE SQUARE 2s° ADDITION, or consent of all property owners to the satisfaction of the City Attorney. Securing approval of the vacation of 9th Street within the proposed plat. Cash in lieu of land in the amount of $2,640 (1.76 acres at $1500 per acre) shall be paid for park land dedication prior to release of the final plat mylars for recording. Sewer interceptor fees in the amount of $3,432 (10.56 services at $325 per service) before release of the final plat mylars. All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. Development of the platted outlots shall be prohibited until replatted as lots of record. Blanket drainage and utility easements shall be recorded against all outlots, unless they are further delineated to the satisfaction of the Public Works Director. Ail streets, drives and utilities within the plat of Schoolhouse SqUare 2nd Addition shall be privately owned and maintained. The City of Hastings will not assume any ownership or liability of infrastructure within Schoolhouse Square. The center median of Vermillion Street between 8th Street and l0th Streets must be reconfigured to close full access at 9th Street, and eliminate the left turn lane to 9th Street fi'om southbound Vermillion Street. All costs associated with reconstruction and reconfiguration of the median shall be the responsibility of the applicant. A right mm lane access into the site from northbound Vermillion Street must be constructed. All costs for the improvement shall be the responsibility of the developer. The existing left tum lane from southbound Vermillion Street to l0th Street must be lengthened. All costs shall be the responsibility of the developer. 12. l0th Street improvements including a right tum lane from westbound l0th Street to Vermillion; left turn lane from eastbound l0th Street into the site; and associated sidewalk, and signal relocation, must be included as part of the improvements for site development. 13. A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars to ensure maintenance of open space, 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. Co) 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. (t) 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. 14. Final approval of the grading, drainage and utility plans by the Public Works Director. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 15. The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 16. Further exactions may be required as a condition of replatting outlots. 17: That the final plat is subject to MNDOT approval and that the Developer shall incorporate any MNDOT's comments into the final plat. 18. Access easements must be submitted for approval to guarantee access to all lots and outlots not directly adjacent to an improved right-of-way, prior to release of the Final Plat mylars for recording. 19. Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities. 20. Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 21. The Final Plat must be recorded with Dakota County within 90 days of City Council Approval or the approval is null and void. 22. Approval is subject to a one year sunset clause. Approval is null and void if significant work has not commenced within one year of City Council Approval. Council member vote adopted by present. moved a second to this resolution and upon being put to a Ayes: Nays: __ Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee 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 3rcl day of November, 2003, 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 ~0 I IT Z LAND APPLICATION CITY OF HASTII~IG$ - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437'.7082 Legal Description of Proper[y: Applicant: Address ~ ~'~', Phone (¢~'/ )-1",~ Y~ ( Phone Fax 5~[ ~ /~O~ . , Fax D~scri~tion of Request (include site plan, suwey, and/or plat if applicable): Owner (If different from Applicant): Name Address Check applicable box(es): Note: All fees and escrow amounts due at time of application. Final Plat $600 [~='] Minor Sub. $500 Rezone $500 Spec. Use $500 VarianCe $250 Annexation $500 plus legal expenses EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: Site Plan Administrative Lot Split $50 Comp Plan Amendment $500 House Move $500 Lot Line Adjustment $50 Vacate ROW/Easement $400 - 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) TOTAL: ~ o.~ ~ . Date ~1,~ ,1,~ t //. °/~'"'/"~ Applicant Name and Title - Please Print Signature of Owner Date Owner Name - Please Print 4/23/2003 Date Rec'd App. Complete Official Use Only Fide # ~--~CO> -_~ Fee Paid t'~¢~ ) Rec'd By: "~'~,'~7~,,'m~ Receipt # Memo VIII-B-3 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: November 3, 2003 Subject: Camegaran, LLC. - Site Plan Review #2003-63 - Green Mill\Dunn Brothers Coffee Building - SCHOOLHOUSE SQUARE 2ND ADDITION - Vermillion and 9t~ Streets REQUEST Camegaran LLC seeks Site Plan approval to construct a 23,395 s.f. commercial building on Lot 1, Block 1, SCHOOLHOUSE SQUARE 2ND ADDITION (9th and Vermillion Street) consisting of the following uses: · Green Mill Restaurant- 7,650 s.f. · Dunn Brothers Coffee - 1,970 s.f. · General Retail - 5,880 s.f. · General Office - 7,895 s.f. Site Plan approval is sought only on the above building. All other buildings shown on site are conceptual and will require formal Site Plan Review prior to construction. The application is submitted in conjunction with a rezoning, Preliminary Plat, and Final Plat for Schoolhouse Square 2~d Addition. RECOMMENDATION The Planning Commission recommended unanimous approval of the Site Plan at the October 27, 2003 Meeting. Commissioners discussed service vehicle ingress and egress, reduced parking, pedestrian access, and treatment of the Bell tower as signage. No one from the public spoke at the meeting. Please see the attached minutes for fur[her information. ATI'ACHMENTS · Location Map · Site Plan · Planning Commission Minutes - October 27, 2003 · Approved Development Plan · Application HISTORY Development Plan Development Plan approval was granted by the City Council on September 3, 2002. It serves as a master plan for site development by outlining uses, density, parking, landscaping, and architectural style. Individual components of the plan (townhomes, retail building, and apartments) must now come back before Planning Commission and City Council for formal platting and site plan approval, and reviewed to ensure conformance with the development plan. As part of the development plan, the applicant entered into a development contract with the City to ensure performance consistent with the Development Plan. Schoolhouse Square (1 st Addition) The first addition of Schoolhouse Square was approved by the City Council on December 16, 2002. The phase consisted of 12 units of rowhouse style townhomes and the creation of one single family lot along 8th Street. Vacation of 9th Street The City Council approved the vacation of 9th Street on October 6, 2003. 9~ Street has been incorporated into the plat. BACKGROUND INFORMATION Comprehensive Plan Classification The proposed commercial use is consistent with the C- Commercial District of the Comprehensive Land Use Plan. Zoning Classification The proposed commercial uses are consistent with the proposed C-3, General Commerce Zoning District. Retail, service and office uses are classified as "permitted uses" in the district. Planned Residential Development The project was approved as a planned residential development, allowing deviations from specific zoning provisions (setbacks, lot size, etc) as well as the ability to cluster units on a portion of a property at a density equivalent to the entire parcel, in exchange for a higher level of design. Adjacent Zoning and Land Use Direction Existin.q Use Zoninq Comp Plan North Eighth Street Single Family Res. East Vacant Future Condo Bldg South Vacant Future Retail Office West Vermillion Street Office Single Family Res. R-2- Med Den Res. R-5 - High Den Res. C-3 - General Comm. O-I - General Office R-2 - Med Den Res. U-I\U-II U-III - Urb Res. C ~ Commemial U-I - Urb Res. Existing Condition The site currently contains the following improvements: · House and garage - 119 East 9~ Street - to be demolished · Garage - 821 Vermillion Street - to be moved off site (hOme already moved) · Garage - 122 East 8~ Street- to be moved off site or demolished · 9th Street - Vacation approved by City Council - Street must be removed. Former site of Hastings Middle School. The existing site is relatively fiat and treeless. Proposed Improvements A 23,395 s.f. commercial building together with access roads and parking is approved for this phase. Future phases would include additional housing, and retail and office space. SITE PLAN REVIEW Securing Palmer Property- 119 9th Street East Camegaran has submitted an Exchange and Land Pumhase Agreement for acquisition of the property. The Palmers have agreed to execute the Final Plat mylars upon request of the developer if the property exchange has not been executed. The agreement has been submitted to the City Attorney for review and comment. Conformance with Approved Development Plan The Site Plan has been reviewed against the approved Development Plan. The following changes have occurred: · Vermillion Street "Greenway" has been reduced in width, and density of landscaping. · Further property acquired to the north; additional parking added to the north. · Larger parking area added east of the building. · Building reconfigured to have more frontage on Vermillion Street. · Reduced landscaping throughout the site. · Architectural Elevations are consistent and include much more brick, with the elimination of EIFS (synthetic stucco). Proposed Building Setbacks The proposed building setback from Vermillion Street is acceptable. Remaining setbacks from property lines are acceptable with the following modification: 1) The southern portion of the building, and drive-thru encroach onto the adjoining outlot. Use of the drive-thru lane must be included in the joint access and parking agreement on the site. Existing Building Setbacks The existing Radke garage at 815 Vermillion Street, and Teuber garage at 124 East 8th Street are within the minimum 5 foot setback of the newly created property line. Under the rules of the Planned Residential Development, variation from minimum setbacks is allowed. The applicant proposes to create a private drive aisle for access to the Radke and Swanstrom homes, the grade of the parking lot would be lower than the homes with a retaining wall separating them. Separation to the Teuber property incorporates an 8 foot wide landscape bed. The reduced setbacks are acceptable with the following modifications: 1) Landscaping adjacent to the Radke and Teuber garages must be added\increased in density to ensure a continuous plant mass and incorporate additional shade tree plantings. Vehicular Access and Circulation Vehicular access and circulation has been reviewed in great detail. acceptable with the following modifications: The plan will be 1) A stop sign must be incorporated for southbound traffic on the Sibley Street extension at the intersection of the parking lot adjacent to 10th Street. This will allow for free flow of vehicles entering the site to prevent overflow onto 10tb Street. 2) The parking area along Vermillion Street must be designated for one way southbound traffic only. Parking stalls adjacent to buildings must be designed for angle parking. A drive-thru lane must be striped for the Dunn Brothers along the western extent of the roadway. Signage may be placed in the drive-thru lane to allow parking during non peak periods. The intersection of the Vermillion Street drive aisle and the parking adjacent to 10~ Street must be modified to prevent vehicles traveling northbound by bumping out the curb and erecting signage to prohibit the movement. 3) Turning radius geometrics must be provided for the angle parking adjacent to Vermillion Street to ensure adequate ingress and egress of parked vehicles with traffic cued for the Dunn Brothers Drive-thru. Pedestrian Access and Circulation A sidewalk presently exists along Vermillion Street. The applicant proposes to reconfigure and landscape sidewalk area. Pedestrian access is acceptable with the following change: 1) A crosswalk must be incorporated to bring Vermillion Street pedestrian traffic into the Green Mill building. 2) The median between the Dunn Brothers and future bank drive-thru lanes must be expanded to incorporate a sidewalk, and enhanced with plantings or fencing. Parking Parking is acceptable for the first phase; however parking for uses in future phases will need to be further evaluated. Parking is provided as follows: Use Parking Calculation Required Spaces Green Mill- 220 Seats 1:2 seats 110 Vermillion Street Retail (1st Floor) 1:200 s.f. 29 = 5,650 s.f. Vermillion Street Office (2na Floor) 1:300 s.f. 19 = 5,535 s.f. East Side Retail (1st Floor) 1:200 s.f. 11 = 2,200 s.f. East Side Office (2na Floor) 1:300 s.f. 8 = 2,360 s.f. TOTAL SPACES REQUIRED 177 TOTAL SPACES PROVIDED 170 Shared Parking The proposal consists of many uses with differing peak demands for parking. Peak use for office parking is opposite that of residential demand. Staff recommends acceptance of parking at the above reduced levels based on the differing peak periods of demand. Proof of Parking The applicant has indicated a desire to designate some areas of the plan as proof of parking. The parking would not be developed initially, but would be held as open space, and only developed if needed. Staff agrees with the concept, however further information is needed to make a determination on this issue. Parking for Remaining Phases Parking for proposed uses in the remaining stages of development appears to be deficient by 24 spaces based on Zoning Ordinance requirements. The applicant has proposed to calculate parking based on net building area as opposed to gross building area. The Zoning Ordinance required parking to be based on gross area. Staffhas agreed in concept to the principal for future parking calculation based on further review of impacts. Off Street Loading Off street loading facilities are acceptable. Two off street loading areas have been provided at the north and south end of the site. Waste Refuse Facilities A waste refuse facility has been incorporated east of the Green Mill Restaurant for all tenants of the building. The facility meets minimum requirements, however it is a distance for use by the Dunn Brothers Coffee building. Waste refuse facilities for Dunn Brothers should be included in planning of future commercial phases to eliminate the distance. Landscaping Site landscaping has been reduced from the Development Plan. Landscaping along with a higher degree of architecture, and site amenities were given as justification for allowing zoning deviations as a Planned Residential Development. The following changes should be made to be more consistent with the approved Development Plan, and previous submittals (e.g. 9/24/03 Landscape Plan): 1) Additional shade trees must be added to the site perimeter to break up shrub plantings. 2) Additional shade trees and foundation plantings must be incorporated adjacent to the building and parking lot islands. Fencing and Walls Decorative fences and stone walls have been incorporated around the site perimeter. The improvements enhance the appearance of the site and are acceptable with the following modifications: 1) Any fencing in the MN Dot right-of-way must receive MN Dot approval. 2) Fencing and walls must not encroach into the 25 foot site triangle requirement at street intersections. Architectural Elevations Architectural elevations are primarily brick, and incorporate off setting building heights, windows, and brick patterns to create an attractive building in character with other historic buildings in Hastings. Photometric Plan A photometric lighting plan has been submitted. property boundaries is acceptable. Foot candle illumination adjacent to Bell Tower Monument Sign A 23 foot bell tower monument sign is proposed adjacent to the 10th and Vermillion Street intersection. Monument signs in the C-3 district are limited to 10 feet in height and 100 square feet. Since construction of the bell tower is more substantial then a typical monument base, and includes unique amhitectural components (school bell, seating, etc), the sign is acceptable with the following modification: 1) All signage on the Bell Tower monument sign must not no higher than 10 feet from ground level and no larger than 100 square feet. 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 Site Plan is subject to approval of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review. Minnesota Department of Transportation Review The plan has been sent to the Minnesota Department of Transportation (MNDOT) for review and comment. Although formal review comments have not been received they have verbally stated the following: 1) There may be a need to incorporate a right turn lane from northbound Vermillion Street to access the site. A condition has been added to satisfy any MNDOT requirements. Residential Access Plan Properties currently having access to 9"~ Street must have secured access through the site to access Vermillion Street. Access must be maintained as well during construction of the site. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF CAMEGARAN, LLC TO CONSTRUCT A MIXED USE COMMERCIAL BUILDING ON LOT 1, BLOCK 1, SCHOOLHOUSE SQUARE 2ND ADDITION, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Camegaran, LLC has petitioned for approval to construct a +/- 24,000 square foot mixed use building to include restaurant, office, and retail space on property legally described as Lot 1, Block 1, SCHOOLHOUSE SQUARE 2m) ADDITION, Dakota County, Minnesota; and WHEREAS, on October 27, 2003, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the site plan request of Camegaran, LLC as presented to the City Council subject to the following conditions: 1) City Council approval of the Preliminary Plat, Final Plat, and Rezoning pertaining to Schoolhouse Square 2na Addition. 2) AIl 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 incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 4) Landscaping adjacent to the Radke and Teuber garages must be addedkincreased in density to ensure a continuous plant mass and incorporate additional shade tree plantings. 5) A crosswalk must be incorporated to bring Vermillion Street pedestrian traffic into the Green Mill building. 6) All waste refuse facilities shall be contained in a fully enclosed building. Dumpsters outside of buildings shall be prohibited. 7) Additional shade trees must be added to the site perimeter to break up shrub plantings. 8) Additional shade trees and foundation plantings must be incorporated adjacent to the building and parking lot islands. 9) Any fencing in the MN Dot right-of-way must receive MN Dot approval. 10)Fencing and walls must not encroach into the 25 foot site triangle requirement at street intersections. 11 ) All signage on the Bell Tower monument sign must not no higher than 10 feet from ground level and no larger than 100 square feet. 12) Satisfaction of all MN Dot requirements and permits. 13) All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. 14) Illumination levels are limited to 0.5 foot candles at the property line as required in the Zoning Code. 15) All lighting shall be downcast and incorporate cut-offshielding to direct light onto parking areas, and away from adjacent properties 16) All landscaped areas must be irrigated. 17) Any landscaping located within the City or MN DOT right-of-way shall be the sole responsibility of the property owner and not the City of MN DOT. 18) All rooftop equipment shall be screened by a parapet wall. 19) A residential access plan shall be adopted to ensure adequate access to adjacent properties during site construction. 20) The truck loading area adjacent to the Sibley Street entrance must be well delineated from the main traffic flow of the entrance. 21) Joint access and easement covenants must be recorded against the property to ensure access and parking of vehicles throughout the site. 22) A stop sign must be incorporated for southbound traffic on the Sibley Street extension at the intersection of the parking lot adjacent to l0th Street. This will allow for free flow of vehicles entering the site to prevent overflow onto 10th Street. 23) The parking area along Vermillion Street must be designated for one way southbound traffic only. Parking stalls adjacent to buildings must be designed for angle parking. A drive-thrn lane must be striped for the Dunn Brothers along the western extent of the roadway. Signage may be placed in the drive-thru lane to allow parking during non peak periods. The intersection of the Vermillion Street drive aisle and the parking adjacent to 10th Street must be modified to prevent vehicles traveling northbound by bumping out the curb and erecting signage to prohibit the movement. 24) Turning radius geometrics must be provided for the angle parking adjacent to Vermillion Street to ensure adequate ingress and egress of parked vehicles with traffic cued for the Dunn Brothers Drive-thru. 25) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 26) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 27) Approval is subject to a one year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void Council member vote adopted by present. moved a second to this resolution and upon being put to a Ayes: Nays: __ Absent: ATTEST: Melanie Mesko Lee Administrative Assistant/City Clerk Michael D. Wemer, Mayor I HEREBY CERTIFY that the above is a tree and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3~d day of November, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee Administrative Assistant/City Clerk This instrument drafted by: City of Hastings (JWH) I01 4th St. East Hastings, MN 55033 (SEAL) I II 5. Camegaran, LLC -- Site Plan Review #2003-63 - Green Mill/Dunn Brothers Coffee Building - SCHOOLHOUSE SQUARE 2ND ADDITION - Vermillion and 9th Streets. Director Hinzman presented background information on the project. Commissioner Truax asked about the parking on the site and whether it is sufficient. Director Hinzman stated that the intensity of the site has been reduced and the parking appears to be adequate. Commissioner Truax inquired as to the location of trash enclosures. Director Hinzman stated that one is planned for near the Green Mill site and adjacent to the loading area. A condition of approval would be that if other dumpster space becomes necessary, they will be located within a building. Commissioner Alongi stated that he liked the concept of proof or parking. He did wonder though, if that would limit future options for the site. Pat Regan, developer of the site, stated that he too likes the proof of parking idea because he would prefer to eliminate some of the parking close to the residential areas to the north. The dumpster area has enough room for two full size dumpsters - one for Green Mill and the other for all other users. Commissioner Truax stated that he liked the changes he saw. Commissioner Twedt questioned the mention of a crosswalk in the staff report. Director Hinzman stated that the crosswalk in question was from the sidewalk along Vermillion Street into the development - a defined place for pedestrians access the buildings. Commissioner Twedt questioned whether one should be added at 9th Street, across Vermillion Street. Director Hinzman stated that adding a cross walk where there is no signal can be very dangerous and problematic. Commissioner Alongi questioned whether football fans attending games at Todd Field would want to cross at 9th Street. Director Hinzman stated the being the field is southwest of the site and there are crosswalks at both 10th Street and Highway 55, so that will allow safe pedestrian crossing. Commissioner Greil stated that in his experience, football traffic crossed Vermillion Street at 10th Street. He asked Mr. Regan what the anticipated policy would be for parking at Schoolhouse Square during football games. Mr. Regan stated that issue would have to be addressed at a later date, and that most likely an association of the business owners would have to decide. Commissioner Greil inquired if school groups could possibly be allowed to charge for parking. Mr. Regan said that could be a possibility, but that is still undecided at this point. Parking on the site hasn't been a problem at this point. He showed a sketch to potentially swerve the lanes on Vermillion Street to help keep the potential right turn lane from Vermillion Street into the development within the existing roadway. Chairman Anderson questioned how much greenspace was between the parking lot and the roadway along Vermillion Street. Jeff Wrede, architect o the project, stated that there is currently 9' from the parking edge to the sidewalk. Commissioner Greil asked about differentiating the bell tower from other signs, if we allow it to be taller. Director Hinzman stated that the view was that this was a different type of structure, and that as long as any signage on the structure wasn't higher than 10' above grade, it could still meet the intent of the ordinance. Commissioner Greil stated that he would prefer to see a variance applied for and possibly granted by the City Council to outline specific reasons why this tower is allowed and to limit other requests by just anyone who wants to exceed the sign height limits. Commissioner Schmitt asked if there was a limit on the number of sides a sign can have. Director Hinzman stated that the code doesn't really address that situation. Mr. Regan stated that they will be requesting approval of 2 simple monument signs - one at each entrance. He will also be looking for variances from the sign code to allow projecting signs as is currently permitted in the downtown historic district. As for stacking space for Dunn Brothers drive-thru, they will need approximately 1-2 hours per morning. Mr. Regan stated he preferred to have signage in the area of the parallel parking that would prohibit parking in those spaces during specified morning hours. He also hopes to incorporate short limestone walls along the exterior of the site, much like the LeDuc Mansion and Todd Field, as an alternative to all landscaping. He feels that heavy landscaping will be subject to heavy salting in the winter and may not fare well. Commissioner Twedt noted that he was glad to see that the landscaping areas will be irrigated. Planning Commission Action: Commissioner Truax moved and Commissioner Greil seconded a motion to recommend approval of the site plan for Green Mill/Dunn Brothers Coffee Building at Schoolhouse Square 2"d Addition to the City Council, with the following conditions: The following items must be resolved prior to review by the City Council: 1) The southern portion of the building, and drive-thru encroach Onto the adjoining outlot. Both the building and drive-thru must be fully contained on Lot 1. 2) The internal intersections with the Sibley Street extension must be modified as indicated on the attached "Sibley Entrance Intersection Plan", attached. 3) Left turn movements to the parking lot north of 10th Street, from the 10th and Sibley entrance must be prevented through the use of curbing to allow for a right out only exit from the parking lot. The existing configuration will cause traffic to back up onto 10th Street with vehicles making the left turn movement. Turning radius geometdcs must be provided for the angle parking adjacent to Vermillion Street to ensure adequate ingress and egress of parked vehicles with traffic cued for the Dunn Brothers Drive-thru A drive-thru stacking lane must be delineated on future plans, and incorporated into site development. A turn lane will be required from north bound Vermillion Street to newly created dght- in\right-out intersection to the satisfaction of MN Dot and the Public Works Director. 4) 6) 7 7) The truck loading area at the north end of the site must be reconfigured to ensure adequate ingress and egress, and separation from residences. All revisions must be submitted no later than 4:00 pm on Tuesday, October 28~ to be considered for placement on the November 3rd City Council meeting. Approval of the site plan is recommended subject to the following conditions: 1) Addressing "Outstanding Items" comments of the October 27, 2003 Planning Commission Report. 2) City Council approval of the Preliminary Plat, Final Plat, and Rezoning pertaining to Schoolhouse Square 2nd Addition. 3) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 4) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 5) Landscaping adjacent to the Radke and Teuber garages must be added\increased in density to ensure a continuous plant mass and incorporate additional shade tree plantings. 6) A crosswalk must be incorporated to bring Vermillion Street pedestrian traffic into the Green Mill building. 7) All waste refuse facilities shall be contained in a fully enclosed building. Dumpsters outside of buildings shall be prohibited. 8) Additional shade trees must be added to the site perimeter to break up shrub plantings. 9) Additional shade trees and foundation plantings must be incorporated adjacent to the building and parking lot islands. 10) Any fencing in the MN Dot right-of-way must receive MN Dot approval. 11) Fencing and walls must not encroach into the 25 foot site triangle requirement at street intersections. 12) All signage on the Bell Tower monument sign must not no higher than 10 feet from ground level and no larger than 100 square feet. 13 Satisfaction of all MN Dot requirements and permits. 14 All parking areas must be constructed of bituminous surfacing and concrete curb and gutter. 15 Illumination levels are limited to 0.5 foot candles at the property line as required in the Zoning Code. 16 All lighting shall be downcast and incorporate cut-off shielding to direct light onto parking areas, and away from adjacent properties 17 All landscaped areas must be irrigated. 18) Any landscaping located within the City or MN DOT right-of-way shall be the sole responsibility of the property owner and not the City of MN DOT. 19) All rooftop equipment shall be screened by a parapet wall. 20) A residential access plan shall be adopted to ensure adequate access to adjacent properties during site construction. 21 ) The truck loading area adjacent to the Sibley Street entrance must be well delineated from the main traffic flow of the entrance. 22) Joint access and easement covenants must be recorded against the property to ensure access and parking of vehicles throughout the site. 23) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 24) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 25) 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 Upon vote taken: Ayes: 7, Nays: 0. Motion passed. 6. Belk, Lawrence - Amehded Special Use Permit/Site Plan #2003-75 - Hastings Gymnastics Center - 2628 Millard Avenue. Planner Jenson presented background information on the item. Planning Commission Action: Commissioner Alongi moved and Commissioner Hollenbeck seconded a motion to recommend approval of the Highview Estates Final Plat to the City Council, with the following conditions: Upon vote taken: Ayes: 5, Nays: 0. Motion passed. 7. Discuss Draft Architectural Standards Director Hinzman reviewed a proposed ordinance to add architectural standards to the zoning code. The purpose of bringing this forward at this time is to allow the Planning Commission an opportunity to give feedback prior to bringing the ordinance to a public hearing. Commissioner Truax expressed concern about overlapping ordinances with HPC Guidelines and the Original Hastings Design Guidelines, which were adopted over the summer. He was also concerned that this type of ordinance could discourage businesses from locating in Hastings due to cost concerns. Commissioner Alongi inquired as to whether a survey was done of other communities, and if so, how much of the ordinance was borrowed from other ordinances. Director Hinzman stated that he collected a number of ordinances from other metro il,ilI i,,m . i11! I I ii i J !i LAND ,,',13 APPLICATION CITY OF HASTINGS - PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Ph~one: 651.480,2350 Fax: 851.437.7082 Legal Description of PropeF[y: Applicant: Address Phone Email Owner (If different from Applicant): Name Address Phone Fax Email Description of F~equest (include site plan, survey, ,and/or plat if applicable): Check applicable box(es): Note: All fees and escrow amounts due at time of application. Final Plat $600 ~ Minor Sub. $500 Rezone $500 Spec. Use $500 Variance $250 Annexation $500 plus legal expenses EAW $500 plus $1000 escrow Prelim Plat $500 plus escrow: Administrative Lot Split $50 Comp Plan Amendment $500 House Move $500 Lot Line Adjustment $50 Vacate ROW/Easement $400 Site Plan - 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) TOTAL: .'"'~-'.d2Z¢ '~)_. i Sicnature of Owner Date Sig ~n-~re of Applica/~h ~Date Applicant Name and 'F~e - Please Print Owner Name - Please Print Official Use Only File# O"~ ~f~ Rec'd By: Fee Paid t~? Receipt# 4/23/2003 Memo VIII-B-4 To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: November 3, 2003 Subject: REQUEST Glendale Heights 2nd Addition -Preliminary and Final Plat #2003~69 - 31st Street and Spiral Bird east of Enterprise Avenue - Tom Ryan Tom Ryan seeks Preliminary and Final Plat approval of Glendale Heights 2nd Addition located on 79.59 acres owned by Samuel Hertog and William Crist, located along Spiral Blvd and 31st Street east of Enterprise Avenue as follows: · 48 Villa Homes (8 unit buildings) · 39 Coach Homes (3-5 unit buildings) · 22 Twin Homes · 3 Common Ownership Lots · 90utlots for future development The request constitutes Phase I of the overall Glendale Heights Development Plan. The concept plan was reviewed by the Planning Commission and City Council as part of the platting of the first addition of Glendale Heights earlier this year. RECOMMENDATION The Planning Commission voted unanimously to recommend approval of the request at the October 27, 2003 meeting. Commissioners discussed the Natural Resources and Recreation Commissions decision last Summer to take cash in lieu of land for the development; should it be re-examined? No one spoke for or against the ordinance during the public hearing. ATTACHMENTS · Resolution · Location Map · Preliminary Plat · Final Plat · Application BACKGROUND INFORMATION History Glendale Heights Ist Addition - Approved by the City Council on August 18, 2003. Plat consisted of street right-of-way and outlots only. No buildable lots of record were created. A concept plan for site development was presented for review and comment. The plan was a major revision to the Original Glendale Heights Preliminary Plat reviewed in July of 2002. Original Glendale Heights - 2002 Plan - Reviewed but never approved by the City Council in 2002. The overall plan contained more apartment and single family units. EnvironmentalAssessment Worksheet (EAW) -A mandatory EAW was conducted for the site and road improvements. Notice was published in the EQB Monitorfor comment. The city received comments from seven parties, primarily state and federal agencies. The Council reviewed the EAW findings and comments at the July 1,2002 meeting, concluding that an Environmental Impact Statement (ELS) would not be warranted, and directing staff to provide responses to agencies, and incorporate comment in the development of the preliminary plat. Conditions have been added to address sensitive bluff land and woodland areas, as well as storm water runoff. Comprehensive Plan Classification The Plan is consistent with the Comprehensive Plan. The property is guided U-II, Urban Residential (4-8 units per acre). The General Development Plan density of 7.3 units per acre is consistent with the plan. Zoning Classification The Plan is consistent with the Zoning Ordinance. The property is zoned R-3 - Medium High Density Residence. The applicant proposes to develop the property as a Planned Residential Development to allow for clustering of units and preservation of open space. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zonin.q Comp Plan North Agriculture A - Agriculture R-Rural East Shooting Range\ Aggregate Industries A - Agriculture R-Rural South Agriculture Marshan Twp West Vacant I - Industrial Park I - Industrial City Park P-1 - Park P-Public Existing Condition The southern 1/3 and northeast corner of the site is wooded. The remainder of the site is open agriculture. The eastern portion of the site is located on a bluff, approximately 100 feet above the elevation of the eastern adjoining land. Proposed Condition Development occurs most predominately in the open areas. Woodland areas are most impacted by the Spiral Blvd connection to the east and the proposed 40 unit apartment building on Outlot A. Changes from Original Glendale Heights Plan Total number of units and density has decreased from the 2002 Plan. Major changes include the large reduction of apartment buildings, elimination of single family homes, and the spreading of density to attached townhome buildings. The following changes have been made since the 2002 Glendale Heights Plan: 2002 Glendale Heights 2003 Glendale Heights Single Family Homes 45 0 Twin Homes 78 44 Coach Homes (2-4 units) 0 128 Villas (8 units) 0 128 Apartments 500 280 TOTAL UNITS 623 580 Gross Density 7.83 units per acre 7.3 units per acre The area of the site impacted by development is slightly larger. The most significant change is the addition of a 40 unit apartment building between Spiral and 31stStreets instead of proposed open space\park. PRELIMINARY AND FINAL PLAT REVIEW Phasing Plan The developer proposes to phase construction of the site as follows: Unit Phase I Phase II Phase III Total Apartments 40 80 160 280 Villas (8 unit bldgs) 48 40 40 128 Coach Homes (3-5 unit bldgs) 39 58 31 128 Twin Homes 22 22 0 44 TOTAL 149 200 231 580 All components with the exception of the 40 unit apartment building have been included in the Preliminary and Final Plat of Glendale Heights 2nd Addition. Planned Residential Development Section 10.14, Subd.2 allows Planned Residential Developments (PRD)in the R-3 District. PRDs allow flexibility in the application of minimum lot size and setback standards within the development, allow for a clustering of uses and preservation of open space. The intent is to provide a process, which will encourage the following: 1) Variety: Within a comprehensive site design concept a mixture of land uses, housing types and densities. 2) Sensitivity: Through the departure from the strict application of minimum lot requirements and other performance standards associated with traditional zoning, planned residential developments can maximize the development potential of land while remaining sensitive to its unique and valuable natural characteristics. 3) Efficiency: The consolidation of areas for recreation and reductions in street lengths and widths and other utility related expenses. 4) Density Transfer: The project density may be clustered, basing density on number of units per acre versus specific lot dimensions. The preservation of bluff woodlands through the clustering of units warrants the implementation of the Planned Residential Development. Approval of the Planned Residential Development would set a cap on the maximum density allowed for the entire project at 8 units per acre. Spiral Boulevard Extension The site does not currently have road access. The City Council has awarded the contract to extend Spiral Boulevard to provide access to the property. Spiral Boulevard would be extended from Enterprise Drive to Glendale Road. The extension would provide a critical access link to the County Road 54 - Ravenna Trail bridge across the Vermillion River, providing an alternate to the Vermillion Street Bridge. Grading and construction activities are currently underway. No building permits will be allowed prior to construction of the roadway. Access and Circulation Spiral Boulevard and 31st Street will provide primary western access to Highway 316. Primary eastern access will be from Spiral Boulevard to Glendale Road. Temporary cul- de-sacs are proposed along the northern, southern, and western boundaries to provide further connectivity in the future. A temporary street connection between Lauren Dove Lane and Lore Lane is included to provide for internal circulation. All streets with the exception of Lore Lane would be public and dedicated in the first phase of development. Direct driveway access to Spiral Blvd and 31st Street is not proposed. Access and cimulation is acceptable, subject to the following: 1) A trail connecting Drew Drive with Enterprise Avenue shall be constructed by the developer to provide secondary emergency access to the specifications of the Public Works Director and Fire Marshall. 2) All private roads, including the temporary street connection between Lauren Dove Lane and Lore Lane must be constructed to city specifications. 3) A temporary cul-de-sac may be required at the terminus of Drew Drive as determined by the Public Works Director. 4) Lea Jean circle must be re-configured. Existing configuration leaves part of the "bulb" on adjacent property and does not provide adequate turn around. Since construction is not part of the first phase of development, the city will re-examine the configuration for future construction. 5) All street names are subject to review and approval of the Fire Marshall. Cul-de-Sac Lengths The following roads exceed the 500 foot cul-de-sac length requirement: · North of Spiral Boulevard - All units north of Spiral Boulevard would be served by a single read access. Drew Drive has been stubbed at the northwest corner of the plat for future connection and development of a secondary access. The developer has widened the Drew Drive at the intersection with Spiral Boulevard to accommodate two lanes in each direction to improve emergency access. The cul-de-sac length is acceptable prOvided construction of a temporary emergency access read linking Drew Drive to Enterprise Avenue to the specifications of the Fire Marshall. · Anna Way - The cul-de-sac would be approximately 1,100 feet in length. Provisions have been made to connect the cul-de-sac upon future development to the south, however the property is not within the city or Comprehensive Plan for development and is currently owned by the State DNR. During review of the Concept Plan, the Planning Commission st and City Council reviewed alternative alignments to 31 Street to eliminate the cul-de-sac length, but concluded they would more severely impact sensitive slope areas (the proposed alignment of 31stStreet occurs in a pre-existing ravine - realignment would create another ravine cut). Because the property is developed as a Planned Residential Development - a formal variance is not needed - however the Planning Commission and Council should reviewthe reasons for the deviation to assess their medt. Staff recommends approval of the deviation based on the existing site topography and to limit impact on sensitive slope areas. Parking Parking for the site is acceptable. Each unit would have a two stall garage and driveway access to park two additional vehicles. Overflow on-street parking will be available on Lore Lane, Drew Drive, Lauren Dove Lane, Anna Way, and Lea Jean Circle. Lot Layout Lot layout is acceptable. Care has been taken in developing a grading plan that limits impacts to existing slopes and bluff land trees. All units will be platted as "lot boxes" that incorporate the unit and limited surrounding land. The majority of land between units will be held in an association controlled and operated by the owners of the property. Outlots Nine outlots are included for future development. Development of outlots would be prohibited, until replatted as a lot and block of record. Site Plan Review All buildings consisting of three or more units will be subject to Site Plan Approval by the Planning Commission and City Council prior to construction. The orientation of future apartment buildings should also be carefully planned to avoid direct western views into the Industrial Park. Pedestrian Access and Circulation Pedestrian access and circulation is acceptable. Spiral Boulevard will contain a sidewalk and trail; trails are also included on 31st Street, and Drew Drive. A sidewalk is proposed along Lauren Dove Lane. Tree Preservation & Landscape Plan The Tree Preservation and Landscape modifications: Plan are acceptable with the following 1) Prior to City signature of the Final Plat mylars, a revised landscape plan shall be submitted identifying the size, species, and method of installation for all required boulevard and front yard trees, as well as cul-de-sac islands. 2) Tree Preservation fencing shall be installed prior to commencing any grading, and shall be maintained throughout site development. 3) Replacement of removed trees shall be required at the amount specified in the Tree Preservation Guidelines at the discretion of the City Forester. 4) Lots 2-9, Block 2 shall be screened from Spiral Boulevard through erection of a fence and landscaping; or exclusive planting of landscaping with a year round opacity of 80 pement. Hastings Industrial Park Buffer A fifty foot building setback buffer must be maintained along the western boundary of the plat adjacent to the Hastings Industrial Park. 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 of the Grading, Drainage, Erosion Control and Utility Plans by the Public Works Director, and reimbursement for any fees involved in plan review as well as resolution of the following issues: 1) All structures along steep slopes shall be provided with roof gutters to direct flow into interior stormwater storage basins. 2) The association shall be fully responsible for maintenance of ravine slopes. A clause must be included in the association documents to memorialize association responsibility. 3) Severe grades and slopes must be reforested with naturally occurring trees and shrubs to recreate the existing habitat and environment and stabilize the slopes. 4) The emergency overflow for ponding basins must not be drained into ravine areas. The ponding basin between Lauren Dove Lane and the north property line must be reconfigured to avoid ravine overflow impact. 5) All off site drainage must be controlled to detain as much run-off as possible on site. In instances where runoff cannot be contained onsite special measures such as filter dames, rock check dames and French drains must be used. Temporary Easements A temporary drainage, utility and access easement must be granted to facilitate construction of the water line, and temporary road across outlot areas. Homeowner Association\Covenants A homeowner association and covenants must be established to ensure continued maintenance of all outlots and common areas prior to release of the final plat mylars. Park Dedication The Natural Resources and Recreation Committee has recommended the following. 1) Cash in lieu of land shall be paid to satisfy park dedication requirements in the amount of $196,200 ($1,800 x 109 units) prior to the release of Final Plat mylars for recording. Sewer Interceptor Fees The following shall be paid for sewer interceptor fees 1) Sewer interceptor fees in the amount of $35,425 ($325 x 109 units) shall be paid prior to release of the final plat mylars for recording. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE PRELIMINARY PLAT AND FINAL PLAT OF GLENDALE HEIGHTS 2ND ADDITION A MULTIPLE FAMILY SUBDIVISION GENERALLY LOCATED ALONG SPIRAL BOULEVARD, EAST OF THE HASTINGS INDUSTRIAL PARK, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Tom Ryan has petitioned for preliminary plat and final plat approval of GLENDALE HEIGHTS 2m) ADDITION, a multiple family subdivision containing 109 residential lots~, 3 common interest lots, and 9 outlots for future development on 79.59 acres generally located along Spiral Boulevard, east of the Hastings Industrial Park legally described as Outlots A, B, and C GLENDALE HEIGHTS, Dakota County, Minnesota; and WHEREAS, on October 27, 2003, a public hearing was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Preliminary Plat and Final Plat subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the preliminary plat and final plat of GLENDALE HEIGHTS 2m) ADDITION subject to the following: 1) Recording of the Final Plat of GLENDALE HEIGHTS with Dakota County. 2) Development of the platted outlots shall be prohibited until replatted as lots of record. 3) All buildings consisting of three or more units will be subject to Site Plan by the Planning Commission and City Council prior to construction 4) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 5) Final approval of the grading, drainage and utility plans by the Public Works Director, and reimbursement for any fees incurred in review of the development. The owner assumes all risks associated with the grading and utility placement prior to formal approvals. 6) All structures along steep slopes shall be provided with roof gutters to direct flow into interior stormwater storage basins. 7) The association shall be fully responsible for maintenance of ravine slopes. A clause must be included in the association documents to memorialize association responsibility. 8) Severe grades and slopes must be reforested with naturally occurring trees and shrubs to recreate the existing habitat and environment and stabilize the slopes. 9) The emergency overflow for ponding basins must not be drained into ravine areas. The ponding basin between Lauren Dove Lane and the north property line must be reconfigured to avoid ravine overflow impact. 10) All off site drainage must be controlled to detain as much run-off as possible on site. In instances where nmoffcannot be contained onsite special measures such as filter dames, rock check dames and French drains shall be used. 11) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 12) Further exactions may be required as a condition of replatting outlots. 13) A trail connecting Drew Drive with Enterprise Avenue shall be constructed by the developer to provide secondary emergency access to the specifications of the Public Works Director and Fire Marshall. 14) All private roads including the temporary street connection between Lauren Dove Lane and Lore Lane must be constructed to city specifications. 15) A temporary cul-de-sac may be required at the terminus of Drew Drive as determined by the Public Works Director. 16) Lea Jean circle must be re-examined. Existing configuration leaves part of the "bulb" on adjacent property and does not provide adequate turn around. Since construction is not part of the first phase of development, the city will re-examine the configuration for future construction. 17) All street names are subject to review and approval of the Fire Marshall. 18) Prior to City signature of the Final Plat mylars, a revised landscape plan shall be submitted identifying the size, species, and method of installation for all required boulevard and front yard trees, as well as cul-de-sac islands. 19) Tree Preservation fencing shall be installed prior to commencing any grading, and shall be maintained throughout site development. 20) Replacement of removed trees shall be required at the amount specified in the Tree Preservation Guidelines at the discretion of the City Forester. 21) Lots 2-9, Block 2 shall be screened from Spiral Boulevard through erection of a fence and landscaping; or planting exclusive planting of landscaping with a year round opacity of 80 percent. 22) A fifty foot building setback buffer must be maintained along the westem boundary of the plat adjacent to the Hastings Industrial Park. 23) A temporary drainage, utility and access easement must be granted to facilitate construction of the water line, and temporary road across outlot areas 24) A declaration of covenants, conditions and restrictions or the equivalent document shall be submitted for review and approval by the City before release of the final plat mylars to ensure maintenance of open space, 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, town_houses, or apartments be subject to the terms of the declaration. Co) 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. 25) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to recording of the Final Plat mylars. 26) Preliminary Plat 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 27) Execution of a development agreement to memorialize the conditions of the plat and to establish any applicable escrow amounts to guarantee the completion of site plan activities. 28) Payment of cash in lieu of land for park dedication in the amount of $196,200 ($1,800 x 109 units) prior to release of final plat mylars. 29) Payment of sewer interceptor fees in the amount of $$35,425 ($325 x 109 units) prior to release of final plat mylars. 30)Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. 31) The Final Plat shall be recorded with Dakota County within 90 days of approval by the City Council, or the approval is null and void· Council member vote adopted by present. moved a second to this resolution and upon being put to a Ayes: __ Nays: __ Absent: ATTEST: Michael D. Wemer, Mayor Melanie Mesko Lee 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 3rd day of November, 2003, 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 ~ O0 ~0~I ~00 ~00 0000 ~ ~000.'-0000 i( TRAIL STAGE STAGE 2 STAGE STAGE 1 2 STAGE 2 STAGE 1 STAGE 2 3, 2003 11:3C, ANf. R'/AN ,...N RACT Nq CO ATTENTIQ_N.!! ]RLriN' A. MOK DEVELOPMENT I1N I~IASTIlWGS MUST STO~ ~'RE!, ~'~d ~d~ d~elo~m~t F~ ~e ~ ~t~ ~low, Fl~e ~1 yo~ 1~ W~ 1) Loc,"c~on -iocat~,x~ nort~h efand adjacent to ~e Stye Wfl~i~ ~ag~mt A ~c~erat~ at ~ Citi~ C~n~ ~mgmy aad a gla5~ p~ 2) ~!~!_~oule~d will ~ e~nd~ m Glen~le R~ ~ ~ou~ a fO~ ~ ~H ~ ~d u~l~g p~ ofwhat~ a ~ld road ~d ~e ~ 3) S~e- ~e ~t~dM p~sc i5 ~r ail m~ff-fmi~ ~ ~ ~lMws: a) ~h~e i: 140 ~m b) To~ ors p~s~: 581 uni~ -280 apa~, 128 ~1~ (ei~t ~it ~O~ h~m (3 to 5 ~t b~]~), 44 ~ h~. d cc~acilperson xg, Stop tkis ,~ (WMA) rhet is e~t ora chemical ted ravine a~d 51~' buildings'), 12g oppose Glelldale ~geights 2'~ addifiom ~eH of ~e erosions ~om the~ ~d~l p~n~ on ~g~ mam~gs wh~ th~ ~d ~ ~om ~e n~ ~ mew d~o~t ~ ~ e~ m~ ~os~ ~ ~ s~e ~1 ~ clo~ ~d d~d m~e o~. ~d ~ ~e ~its ~z ~I hi~m ~1~, m~-~i~ ~ ~e ~pact on b-~.n h~Ith ~]l ~ even ~eater. W~ ~is the o~y pl~ they co~d put shoed ~ ~mmon s~ ~ot to 5~ ~ ~d~ ~-5~ homes. ~is r~ ~o~d ~ kept m~e ~at h~ mu~ ~]~iM =d it is a mv~ xo d~oy it so Sp~ ext~d~ to ~e ~ad ~ ~d~ ~ 5~ ~e ~d~ ~k more ~nv~nfly.? r~v ~ b~Rt for all of th~ ~ a.e~ p~k ~d the r~l developme~ pr is it ~ a ~e to ~y ~ it ~at ~e C~ Co~cil h~ d~d~ ~ v~ ~ ~is issue ~e ~y ~m ~c ~h~l Re~d~P ~ ~ tM~k ~one ~I ~ t~ pre--pied to pay a~on ~pp~ ~ us ~ ~ Gl~le He.ts? H~ ~ it t~t the roa~ ~e ~der e~cfion devMopm~t ~ e~ ~ ~y approve? ~ ~e ~ n~t ~ ~e lint ~ve~ to d~oy M ~e n~e off.s? Call your City Leaders today and let them lmow what you thinld I~AYOR Mike Warner (6~t) 4~74t4~ J~t w~rd daneEe Yandras~.s Glendale Heights 2n~" Addition ,~10, 073 ~e~.~t s 2"~ ~e VIII-C-1 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 Downtown Redevelopment Proposals Recommended City Council Action In order to meet the intent of the City Council action taken on Monday October 13, 2003, the City Council is asked to take action selecting two of the following four Development teams for further consideration by sub-Committees of the City Council and HRA: MetroPlains Imaging Development Group Amcon Construction Sherman Associates Background On Monday October 13, 2003 the City Council conducted a joint meeting with the HRA for purposes of hearing presentations and conducting interviews with four firms who had submitted proposals for the downtown redevelopment project. The proposals and primary presenters from each Development team included: Rob McCready, MetroPlains Kurt Larson, Imaging Development Group Jim Winkels, Amcon Construction Loren Bruggeman, Sherman Associates Once the interviews and presentations were completed, the City Council agreed that a special sub-committee of the City Council would meet with a special sub-committee of the HRA to make a final recommendation on the selection of the Development team. Action elsewhere on the agenda will establish that sub-committee of the City Council. Prior to the meeting between the City and NRA sub-committee's, the intent of the City Council was to take action at the meeting November 3, 2003, narrowing the list of Development teams to two. Ron Craft of the Downtown Business Association contacted me on Tuesday October 28, 2003 and has asked for an opportunity to address the City Council on the agenda topic relating to selection of the final two Development teams. Attached is an analysis of the four proposals, to assist the City Council with narrowing the field down to two development teams. Assuming the City Council takes action, narrowing the field to two, the sub-committee's of the City Council and HRA have scheduled a meeting for Tuesday November 4, 2003 at 7:30 AM for purposes of making a final recommendation of the one Development team. Riverfront Area ; !1¢I!~lili ,h Iiiilitill ~il 200 0 200 400 600 800 Legend 1000 Feet Introduction Hastings, Minnesota is a vibrant, historic river town in the Twin Cities Metropolitan area~ This charming community is oriented along the shores of the Mississippi R/ver, just twenty minutes from downtown St. Paul, and 40 minutes from downtown Minneapolis. The City offers a traditional main street, tree-lined Victorian neighborhoods, beautiful scenery plus the diverse men/ties of a city. The Mississippi Riv~ park and trail system is just footsteps away from an array of stores and restaurants. We proudly welcome and encourage you to visit our website at ci.hasfings.mn.us. The City of Hastings and its Housing and Redevelopment Authority ' (HRA) are initiating the redevelopment of its downtown in order to retain its small town charm and historic downtown features, while providing a business and shopping environment which will draw visitors and appeal to its growing cosmopolitan population. This is the mission of Improving on the Original: A Plan for the Heart of Hastings, a program undertaken to reawaken the spirit and vibrance of downtown. The vision for the Heart of Hastings is to be an inspiring, vital, and stable community always striving to protect its rivertown history, deepen its traditional character, and enhance its environment. There are three general areas the City and HRA axe considering for redevelopment for this RFP: The Levee Area, the Depot Area, and the 4t~ Street Site. This redevelopment will expand the viable, existing downtown core. The Plan for the Heart of Hastings calls for reoriented, newly designed, and attractive structures, which will maintain an individual identity, yet complement the historic architectural theme. To assist you with this proposal, the H~RA has schedul;d a e}~-ProPosal Conference for: Friday, July 11,2003 at 10:30 a.m. Hastings City Hall :~01 4th Street East 651-437-4127 The Goals of the redevelopment are to: Assure long term viability of the historic downtown area. · Provide uses that complement and support existin~g businesses. · Provide new uses that draw people to the downtown area via land and river. · Create structures that complement the historic character of downtown. 2. Connect downtown Hastings to the Mississippi river. Hastings Downtown Redevelopment RFP Page 1 Maintain and enhance public access to and recreational use of the river. Coordinate redevelopment with the Master Plan for Original Hastings, which calls for a continuous open space link along the Mississippi River between Lock and Dam #2 and the Hastings Marina. 3. Enhance downtown as the focus of the community's historic, river-town identity. 4. Enhance stability of adjacent residential neighborhoods. 5. Replace obsolete land uses in the downtown area. The City is seeking a creative, qualified developer to acquire privately held sites and develop the targeted area, with a mixture of retail, housing types, and/or restaurant and hospitality uses. The intent of the redevelopment is to increase the intensity of commercial activity in downtown Hastings and enhance access to and enjoyment of the Mississippi River by the general public. Therefore, some retail use along the main street is strongly encouraged. Three parcels are currently used as free public parking lots. Replacement of public parking will be key in maintaining a commercially v/able downtown and public access to the River. Some of the existing structures have historic character and may be rehabilitated as part of the redevelopment. The City is open to consideration of proposals that provide a team approach to redevelopment. Developers may make proposals for one or more redevelopment areas. At this time, the City will not consider developing a portion or parcel of one area without a comprehensive plan for improving the whole area. The City expects the private development firm to incorporate and support the principles demonstrated by the Plan for the Heart of Hastings (copy is available from the City). In turn, the City is committed to a public/private partnership and win/win relationship. The City has been planning and preparing for redevelopment for several years. The Hastings HRA has alreatty acquired and cleared 5.08 acres of the 7.12 acre sites. Hastings Downtown Redevelopment RFP Page 2 VIII-C-2 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 Appoint Special City Council Sub-Committee to Review Downtown Redevelopment RFP's Recommended City Council Action It is recommended that the City Council take action appointing City Councilmembers Janette Yandrasits, Paul Hicks and Lynn Moratzka as a special City Council Sub-Committee to review the Downtown Redevelopment RFP's, with a Sub-Committee of the HRA, and to make a recommendation on the final selection of a Development team, at the full City Council meeting on Monday November 17, 2003. Background On Monday October 13, 2003 the City Council conducted a joint meeting with the HRA for purposes of hearing presentations, and conducting interviews with four firms who had submitted proposals for the downtown redevelopment project. The proposals and primary presenters from each Development team included: Rob McCready, MetroPlains Kurt Larson, Imaging Development Group Jim Winkels, Amcon Construction Company Loren Bruggeman, Sherman Associates Once the interviews and presentations were completed, the City Council agreed that a special sub-committee of the City Council, consisting of Ward One Councilmember Janette Yandrasits; and At-Large Councilmembers Lynn Moratzka and Paul Hicks be established, to meet with the HRA sub-committee to make a final recommendation on selection of a Development team. The above action completes the intent of the City Council. The sub-committees of the City Council and HRA are scheduled to conduct a meeting on Tuesday morning November 4. David M. Osberg ,,2' VIII-C-3 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 Christmas Holiday City Hall Office Hours Recommended City Council Action It is recommended that the City Council take action authorizing the closing of City Hall at 2:00 PM on Wednesday December 24, 2003 and all day on Friday December 26, 2003 Backqround This year the mandatory Christmas Day Holiday results in City Hall being closed on Thursday December 25, 2003. In the past, City Council action has resulted in City Hall being closed on December 24 and/or December 26. While City Hall may have in fact been closed on those particular days, no additional paid holiday benefit has been granted. Employees either remain at work at City Hall, conducting work directed and approved by their Supervisor, or employees are absent from work, using approved leave to account for their absence from work. With City Council approval, Staff would place a notice in the soon to be released City Newsletter and on the City Web-site, notifying the public of the City Hall office hours on Wednesday December 24; Thursday December 25 and Friday December 26. VIII-C-4 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 30, 2003 First Reading and Schedule Public Hearing--Annexation Ordinance Recommended City Council Action It is recommended that the City Council take action approving the first reading of the enclosed ordinance annexing certain property into the City of Hastings, and scheduling a public hearing and second reading for the City Council meeting scheduled for Monday December 15, 2003. Background At the City Council meeting on Monday April 21,2003 the City Council approved action denying the second reading of an ordinance annexing this same parcel of property into the City of Hastings, owned by Hastings Land LLC, based on reasons listed below. A map of the area is also included in the packet. a.) Concern for increased traffic in the area Demand on public infrastructure Demand on City services Concern with pending budget cuts from the State of Minnesota Copies of the minutes from the April 21,2003 City Council meeting are attached as reference. Because more than four months have elapsed since the first reading of the Ordinance, the entire process must start over, and be completed in its entirety. (See Attached Charter Prevision) Since the City Council meeting in which the second reading was denied, several of the above issues have been addressed and/or resolved. a.) Typically traffic issues are addressed during the site plan review. The City Council will recall that this area was identified as an area considered for annexation as a part of the 2020 Comprehensive Plan. b.) There would be adequate wastewater capacity to serve this development, consistent with the comprehensive plan. The existing wastewater treatment plant has a capacity of 2.9 million gallons per day. The total estimated flows in 2002 were 1.83 mgd, and the planned 2020 usage, based on a population of 28,400 is 2.79 mgd. Please find attached a table of "Projected Wastewater Flows" from the 1999 addendum to the 1993 Comprehensive Sewer Plan. c.) The demand on City services, particularly the Building Department is being addressed with the proposed addition of another Inspector as part of the 2004 Budget. d.) At the time the second reading was being addressed, there was considerable uncertainty surrounding the State of Minnesota and its budget woes, and the potential impact on the City of Hastings. While the impact has been felt in both the amended 2003 Budget, and the proposed 2004 Budget, the uncertainty is gone, as the City Council, Finance Committee and City Staff have and will continue to address the City Budgets. Should the first reading be approved, notice of the public hearing must be published and forwarded to Nininger Township officials. City Ad~ AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY HASTINGS LAND LLC, a Delaware Limited Liability Company; CAPITAL PROPERTY INVESTMENTS LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak III PREAMBLE Hastings Land LLC, a Delaware Limited Liability Company; Capital Property Investments LLC, Its Manager; James F. Vitt; Lonnie R. Pierce and Edward J. Dulak Ill, have represented to the City of Hastings that they are the sole owners of property described as follows: That part of the Northeast quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Commencing at the Northeast Corner of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of the line to be described, thence deflecting 90 degrees 00 minutes O0 seconds right 1315.07 feet to the West line of said Northeast quarter of the Southeast quarter and there terminating. 16.94 acres That the property is unincorporated; it abuts the limits of the City of Hastings; is not included with any other municipality; it is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is approximately 16.94 acres in size. Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 60 acres or less; that the property is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; that the City of Hastings received a properly prepared petition for annexation signed by all of the owners of the property; and that the petition for annexation complies with all of the provisions of Minn. Stat. 414.033. Section 2. The property is urban or suburban in character and is in need of City services, which can be provided by the City of Hastings. Section 3.. The corporate limits of the City of Hastings are hereby extended to include the property described above, and that same property is hereby annexed to and included within the City of Hastings, as if the property had originally been a part of the City. Section 4. The City Clerk is hereby directed to file a certified copy of this Ordinance with the Minnesota Office of Planing; Nininger Township; Dakota County and the Minnesota Secretary of State. Section 5. The Ordinance shall become effective upon its passage; seven days after its publication; the filing of the certified copies as directed in Section 4; and upon approval of this Ordinance by the Minnesota Office of Planning. 2003. Adopted by the City Council of the City of Hastings, this .day of ayes: nays: Michael D. Werner Mayor MelanieMesko Lee City Clerk Certification Melanie Mesko Lee, City Clerk of the City of Hastings, does hereby certify that the foregoing Ordinance is a true and correct copy of the Ordinance that was adopted at the Regular meeting of the City Council of the City of Hastings on Melanie Mesko Lee City Clerk -seal- CITY OF HASTINGS CITY COUNCIL PUBLIC HEARING NOTICE Notice is hereby given that the Hastings City Council will conduct a public hearing on Monday December 15, 2003 at 7:00 PM in the Council Chambers at the Hastings City Hall, 101 East 4th Street; to consider the Adoption of an Ordinance of the City of Hastings, Extending its Corporate Limits to Include Certain Land Abutting the City, Which is Owned by Hastings Land LLC, A Delaware Company; Capital Property Investments LLC, its Manager James F. Vitt; Lonnie Pierce and Edward J. Dulak II1. All persons interested in commenting on the proposed Ordinance will be given an opportunity to do so at the Public Hearing. A copy of the proposed Ordinance is available for review at the Hastings City Hall during normal business hours. David I~. Os6er~ '- ~:;l~ber 6 and November 13, 2003 Public Hearing-Annexation Ordinance: Hastings Land LLC Mayor Werner opened the public hearing at 7:32 p.m. City Administrator Osberg presented the information regarding the annexation petition and ordinance. Several residents asked questions regarding the proposed annexation, relating to density; setback and timeframe for development. The public hearing was closed at 7:42 p.m. Second Reading: Annexation Ordinance; Hastings Land LLC Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the second reading of the Ordinance Annexing certain land into the City of Hastings owned by Hastings Land LLC. Ayes: Yandrasits, Hazlet and Riveness Nays: Mayor Wemer, Moratzka, Schultz and Hicks Motion Failed. Moved by Councilmember Schultz, seconded by Councilmember Hicks to deny the second reading of the Ordinance annexing certain land into the City of Hastings, owned by Hastings Land LLC for the following reasons: a.) Concem for increased traffic in'the area b.) Demand on public infrastructure c.) Demand on City services d.) Concern with pending budget cuts from the State of Minnesota Ayes: Mayor Wemer, Moratzka, Schultz and Hicks Nays: Yandrasits, Riveness, Hazlet Petition 31st Street Improvements Moved by Councilmember Moratzka, seconded by Councilmember Hazlet, To · st · · adopt staff's recommendation to reconstruct 31 Street abutting the Industrial Park next year. A petition was received from area residents requesting reconstruction in 2003, but the Engineering Department's workload for 2003 would have required the project to be designed and managed by a consulting firm at a significant additional cost. 6 Ayes; Nays, None. SECTION 4.04. ORDINANCES (NON-EMERGENCY). Every legislative act of the Council shall be by ordinance. Prior to the first vote on an ordinance or on an amendment to an ordinance, the proposed ordinance or amendment shall be submitted to the City Clerk in writing for distribution to the Mayor and City Council. Every ordinance or amendment to an ordinance shall be first voted upon at a regular Council meeting; the second vote on said ordinance or amendment shall be at a subsequent regular or adjourned meeting which shall occur not less than one week after the first vote. No ordinance or amendment to an ordinance shall be passed until it has been favorably voted upon by the Council two times as herein provided. The requirement that an ordinance or amendment to an ordinance be favorably voted upon by the Council two times does require two consecutive favorable votes. An ordinance or amendment to an ordinance shall not be amended so as to change its intent after it has been voted upon once. Any proposed zoning related ord'mance or proposed amendment to a zoning ordinance which does not pass either the first or second reading, shall be considered denied for purposes of Minn. Stat. § 15.99. Any ~ronosed ordinance or nro~osed amendment to an ordinance which has not passed its second vote within four months after its first favorable vote shall be, ,considered void and before said proposed ordinance or proposed amendment may be considereql passed, there shall occur two consecutive affirmative votes thereon within a four-month period. Ordinances and amendments to ordinances shall require the affirmative vote of a majority of the ~ntire Council to pass each vote (unless a greater percentage is required by this Charter, by State, ~tatute or by the subiect ordinance itself~ in which case each vote shall be passed by the designated percentage). Every ordinance or amendment to an ordinance shall be published or a notice of the passage of said ordinance must be published before the ordinance or amendment takes effect. Publication of the entire ordinance in a newspaper of general circulation in the City shall constitute publication for this purpose. Publication may also be accomplished by publishing in a newspaper of general circulation in the City, for at least two successive weeks, a notice that the ordinance has been passed which notice shall specify in a general manner the subject matter of the ordinance and shall further state that copies of the ordinance are available at the office of the City Clerk. Publication of a codification of ordinances may be accomplished pursuant to Minnesota Statutes Annotated 415.021. Every ordinance passed under this paragraph shall take effect seven (7) days after publication or at such later date as is fixed therein. PROJECTED WASTEWATER FLOW,~ Estimated Estimated Estimated Population Corem/Ind. Comm/Ind. Total Year Population Flows Acreage Flows Flows 2000 18,200 1.46 mgd 487.6 ac 0.37 mgd 1.83 mgd 2010 22,900 1.83 mgd 593.6 ac 0.45 mgd 2.28 mgd 2020 28,400 2.27 mgd 699.6 ac 0.52 mgd 2.79 mgd These estimated flows are based on criteria of 2.7 persons per unit, 80 gallons per capita per day ofwastewater flows generated from residential properties, and 750 gallons per acre per day of wastewater flows generated fzom commercial and industrial properties. The 1993 Sanitary Sewer Comprehensive Plan estimated per capita flows at 90 gallons per day and commercial/industrial flow at 1500 gallons per acre per day. Use of the 1993 Sanitary Sewer Comprehensive Plan would seen to overestimate the City's wastewat~r flows. Enclosed is Table 1 detailing a monthly history of wastewater flows at the Hastings Treatment Plant from 1991. Table 1 shows 1999 average daily flow at 1.74 mgd. Using the 1993 Sanitary Sewer Comprehensive Plan criteria, 2000 average daily flows would be estimated at 2.37 mgd. The lower flow numbers used in this addendum appear to more accurately reflect both actual usage and MCES own flow projections. Hastings WV/TP Capacity - In 1997, MCES upgraded the Hastings Wastewater Trealsnent Plant's capacity to 2.9 mgd. Accordingly, no expahsion of the treatment plant will be required to meet the City's growth needs tbxough 2020 as identified in the Comprehensive Plan. HASTINGS LAND LLC October 27, 2003 City of Hastings Attn: Dave Osberg City Administrator 101 4t~ Street East Hastings, MN 55033 RE: Annexation Petition Dear Dave: Enclosed please find the petition for Annexation for the 16.94 acres of property currently in Nininger Township. Please pres~nt this for publication at the next City Council meeting on November 3, 2003. If you have any questions or need anything fiarther from me, please call me at (612) 313- 0124. Sincerely, HASTINGS LAND LLC October 27, 2003 City of Hastings Attn: Dave Osberg City Administrator 101 4th Street East Hastings, MN 55033 RE: Annexation Petition Dear Mr. Osberg: Hastings Land LLC hereby petitions for the annexation of 16.94 acres of land, as legally described on Exhibit A, into the City of Hastings. Attached as Exhibit B is a survey showing a depiction of the property to be annexed. Exhibit C attached is a complete report of ownership of all parcels of land situate within a radius of 350 feet of the 16.94 acres to be annexed by the City of Hastings along with mailing labels for each owner of such parcels. IN WITNESS WHEREOF, the undersigned owner of the property described on Exhibit A hereby agree to this Petition for Annexation as of this 27th day of October, 2003. HASTINGS LAND LLC, a Delaware Limited Liability Company By: CAPITAL PROPERTY INVESTMENTS LLC Its Manager /~mes F. Vitt HALTINGS5 hAND LLC October 27, 2003 City of Hastings Attn: Dave Osberg City Administrator 101 4th Street East Hastings, MN 55033 RE: Annexation Petition Dear Mr. Osberg: Hastings Land LLC hereby petitions for the annexation of 16.94 acres of land, as legally described on Exhibit A, into the City of Hastings. Attached as Exhibit B is a survey showing a depiction of the property to be annexed. Exhibit C attached is a complete report of ownership of all parcels of land situate within a radius of 350 feet of the 16.94 acres to be annexed by the City of Hastings along with mailing labels for each owner of such parcels. IN WITNESS WHEREOF, the undersigned owner of the property described on ..... th er Exhibit A hereby agree to this Petltlon for Annexation as of this 27 day of Octob , 2003. HASTINGS LAND LLC, a Delaware Limited Liability Company By: Its Manager Lonnie R. Pierce, Its Member CAPITAL PROPERTY INVESTMENTS LLC Edward l:. Dulak, BI, Its Member Tkat part of the Northeast quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota, according to the Government Survey thereof, which lies South of a line described as: Coramencing at the Northeast corner of said North Half; thence South along the East line thereof 153.90 feet to the South right-of-way line of Trunk Highway No. 55; thence continuing South along said East line 603.00 feet to the point of beginning of.the line to be described; thence deflecting 90 degrees 00 minutes 00 seconds right 1315.07 feet to the West line of said Northeast quarter of the Southeast quarter and there terminating. EXHII~IT B: (Survey) EXHIBIT C: (Ownership Report - Radius of 350 feet) Robert Augustine 15250 66th St. Ct S. Hastings, MN 55033 OWNS: N',~ of SE% Ex Beg Pt on E line 153.9 f~ S of NE Cor (said pt being S RNV Hwy 55) S 603 ff Def Rt 90° 495 ff Def Rt to S RNV E on RNV to beg AND SW% of SE% & SE% of SW% EX S 540 ff of E 400 ff of SE% of SVV~,4, Section 30, Township 115, Range 17. ~orth_em ~ate. s P[gwerCo~-,.~ Pt of SE% beg at pt on E line 153.9 ff S rop max L~ep[ ~ ~, of NE Cor (~ being S ~ H~ 55) S 603 414 Ni~ll~ Mall '~ ~ ff Def Rt 90* 495 ff Bef Rt 90~ to S ~ Minneapolis, MN 5~01 E on ~ to pt of beg, OWNS:~ [~ Se~ion 30, Township 115, Range 17. ~a~'~astings Ma~e~la~ LLC { Lot 3 Block 1 ' ~ Linda ~sser ~ Hastings Ma~e~la~ West ~4990 Landma~g~ 300 ~ - _~ ~allas, ~ 75~729~ -~ ~ OWNS: ~'~ Cou ~J~ of H~tings ~ l ql E. 4th St. Hastings, MN 55033 oWNs: Charle~ F. & Joan M. Hicks 1829 l:~th St. W. Hasting's, MN 55033 OWN:~J Siewe~ Construction Co. Inc. 308 V~rmillion.~t. Hastings, MN 55033 OWNS: Outlot A, Hastings Marketplace West Lot 2, BIo~ 2, ~!e~ ~ Bailey Ridge .CIC No.353 ~ Lots 4, 5, 10 thru 25, Block 1, Bailey Ridge CIC No.354 7 Vicki A. White 1821 13th St. W. Hastings, MN 55033 OWNS: Lot 4, Block 2, Bailey Ridge CIC No.353 8 Timothy P. & Joyce A. Recer 1817 13th St. W. Hastings, MN 55033 OWN: Lot 5, Block 2, Bailey Ridge CIC No.353 9 Geraldine P. Langer 1801 13th St. W. Hastings, MN 55033 OWNS: 10 Brenda A. Riley 1826 13th St. W. 11 Richard J. & Judith G. Seidl 1824 13th St.~/. Hastings, ~N 55033 OWN:~,,~~ 12 ~o~dd E Pauls~°n~ k{~'(~~ . ' ~832 13th St. W. ~asfings, MN 55033 O~NS: 13 L~chelle ~mon St. W. Hast~n~*, MN 55033 OWNS~ 14 Thoma~ R. & Maw P. S~ 15 16 Lot 7, Block 2, Bailey Ridge ClC No.353 Lot 2, Block 1, Bailey Ridge ClC No.354 Lot 3, Block 1, Bailey Ridge CIC #354 Bailey Ridge CIC No 35 Lot 9, Block 1, ~ailey~Rid~e CIC No.354 & T tle Lot 1, Block~ Sunset We§~ 1800 l~th St. W. Hastings, MN 55033 OWN:L~- Paul W. Lawrence Outlot C, Sunset West 1125 Frontage Rd S AND Lots 1-4, Block 1, Lots 1-3 & 5,Block Hastings, MN 55033 2, Lots 3 & 4, Block 3, Lots 8 & 9, Block 5 OWNS: and Lots 2 & 5, Block 6, Sunset West 2 Joseph M. Kimmes Bumadette A. Kimmes 1820 14th St. W. Hastings, MN 55033 OWN: Lot 3, Block 5, Sunset West 17 Terence & Janice Salo 1805 14th St. W. Hastings, MN 55033 OWN: 18 Bruce A. & Dawn M. Kent 1815 14th St. W. Hastings, MN 550~33 OWN: 19 Rick A. & Elain~/JH. Buechner 1825 14th St.~. Hastings, ,lylN 55033 20 ~rro~ea~e~kO~'~ ,Cynthia A. Maki Weathers ~1820 Tierney Dr. I~stings, MN 55033 o' 21 E!ge~n..e E. & Nancy M. Halberg 18~i0 ~emey Dr. Hastings, MN 55033 OWNSI 22 Micha~ H. & Robin S. Eisinger 1832 l~4th St. W. Hastin~gs, MN 55033 OWN: ~ 23 24 Kenneth & Alice Halverson 1926 14th St. W. Hastings, MN 55033 OWN: Donald L. Knutson Mary Lou Zentzis 1417 O'Connell Dr. Hastings, MN 55033 OWN: Lot 1, Block 5, Sunset West Lot 2, Block 5, Sunset West Lot 3, Block 5, Sunset West Lot 4, Block 5, Sunset West Sdns~ West Lot 5, BIo~~ 8un~t Lot 4, Block 2, Sunset West 2 Lot 10, Block 5, Sunset West 2 25 Gary A. & Shard A. Betz 1429 O'Connell Dr. Hastings, MN 55033 OWN: 26 Rickie J. & Marcia A. Frascht 1888 Tierney Dr. Hastings, MN 55i33~'~-~ OWN: 27 Dale & Jean M.~:3'hompson 1845 14th St.~W. Hastings,~Ml~ 55033 OWN;~ 1833 West 14th St. ~astings, MN 55033 ~WN: J~mes F. & ~indy L Oal~and 1 ~emey Dr. Hasbn~]s, MN 55033 OWN: ~' 3O 31 32 Dean ~ & Becky J. Forschen 1858 Ti ~mey Dr. Hastir MN 55033 OWN: Kay D. Sharp 1874 Tiemey Dr. Hastings, MN 55033 OWNS: Scott A. & Amy J. Childers 1810 14th St. W. Hastings, MN 55033 OWN: Lot 11, Block 5, Sunset West 2 Lot 1, Block 6, Sunset West 2 Lot 3, Brock 5, Sunset West 2 Lot 5, Brock 6, Lot 7, Block.~6, _ - ! Sunset We~t 2 Lot 9, Block 6, Sunset West 2 Lot 2, Block 6, Sunset West 33 34 35 36 John T. & Mary C. Jennings 10243 Monterey St. Bellflower, CA 90706 OWN: Lot 3, Block 2, Bailey Ridge ClC No.353 Alois N. & Mary T. Schiller Lot 6, Block 2, 1809 W. 13th St. Bailey Ridge ClC No.353 Hastings, MN Elizabeth I. Pet~rson ~ Lot 6 Block 1 .1837. 13th St~VV. ~, Baile~/Ridge ~[C No.353 Ilasfings,~N 55033 OW,N.S~ ~iewert Const~ctJiSn'co mc Lot 7 Block 1 ~08 Vermdl~on St, Ba~ley R~dge CIC No.353 ~..astings, MN 55033_ FEE OWNERS: _ & Mary Ellen KenneY~U~ Ngrbert %iSiewert Const 3d8 Vermillion St. H~sbngs, MN 55033 C ~N~T. RACT PURCHASERS: A~S~C~ OWNS & T:t]e State of Minnesota,) :SS. County of Dakota.) 37 Dakota County Abstract & 'rifle does hereby certify that the foregoing exhibit consisting of entries numbered 1 to 36, both inclusive, constitutes a true jd and complete report of t;3a~apparant ownership of all parcels of land situate ~i:np~aodi~:fN~: i~i~f:SE~ of Sectioni0, TownShip 115, Range 17, which lies South of a line described as: Commencing at the~N~rtheast comer of said I~.%; thence So~h along the East I ne thereof 153.90 feet'to the South right-of-way line of Trunk Highway No.55; thence continuing South along smd East I~ne 603.00 feet to the point of beg~nmng of the line to be describ, ed~t~hence deflecting 90°00'00" right 1~15.07 feet to the West line of said NE% of the SE~ and there terminating, as sho~vn by the recO~:]~,f'~' County Treasurer~o said County D~ated at Hastings, Minnesota this 22nd day September, A. D. 2003 at 8 o clociA. M. ~,OUn~ Dakota County Abstract & Title, by An Authorized Signature. MEMBER AMERICAN LAND TITLE ASSOCIATION and ~* MINNESOTA LAND TITLE ASSOCIATION Dakota Coun Abstract & Title accepts n onsibility as to the accuracy of the addresses in i lis~'eport'as-sai~addresse{ are taken from the records of the office of the County Treasurer of said Dakota County and ara not necessarily the most current addresses of said properb/owners.