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HomeMy WebLinkAbout10-18-04 ....1 .... .... ~ <"oJ N N <"oJ c.. I GO .... t/) I.l'INO\\O -<t ......N (") 0 0 U'J ~"""COU"'l c: <"oJ ......N :J -- V1 '<T ~ .... ;; u.. MO........... -- o ..........Nt'I""I ro 0 N V1 .... ,8.- NO\~~~ l~ ...",,,,Na> ...NN I- ",~......co ...NN an N C'I ~~ :Ii: \.0,.,0,..... .... .... "'NN \9 !02 z <C >- ~ 0 U'J r--.V......CO ro UJ "'NN "C .;:: V1 IJ). \Of'I"')O....... u.. 9 "'NN U ...J ~ u.. Ll'tNO\\O ...J o ............N <C N J: B I- v:::~~ ~.~ MO........ '<T :::0 GO an _ z ..........1"'1.1 .... N~ V1 I- NO\~~~ Z \9 ~ !02 .... z ~ ......a;UnNO't UJ Q) ...NN Iii 2 <C >- ~ c: ~ ro :J ~ 0 (5 0 UJ G""'" UJ V1 VI :J 9 ~E 9 F U J:~ U ...J E ...J ...J ...J <C c. <C J: 0 J: '? ~ r-.. .... (") 0 r-.. .... .... .... N ....: c: .ii5 >- ::E ro "C ....: 11) G Q) c: U,...... "C 0:::. ~ o:::U z.T. E c. 8 ..0 <"oJ C'I \D (") .... N (") .... Q) 2 ~ >- c: :J '" (5 "fi! Q Q) ~,...... :J uE I- 0.0 0 J:(jl E N c. 0 '? r-.. a.. .... N CU GO an C'I ~'O I .... N N .0 ..a E 5 i- c: .0 Q) !.O ::J .0 c: Q) Q) 0 8 ::J..... ~~ 'C: c: o c: E I::J ....... ::J u.2 z= 0 0 >- u'U) u....... ~~ u....... z;~ .......I!! .......11) '" c:.... 0>.... 0';;; CD "C ::J Q) O>Q) sE .!; E c: 0.0 c:.o I~H o u E .c: E UE c: E > ::E ~~ I C ro ~ro C ro \~~ 100 ~o QJQJo E UU o.U &r::ECI: 0 E E \~ E ro If ~ c. c. c. ..... 0 0 0 ~ z 0 l~ 0 (5 r-.. ,r-.. r..: .... I '" u CITY OF HASTINGS COUNCIL MEETING Monday, October 18, 2004 7:00 P.M. 7:30 p.m. River Rescue Award Presentation I. CALL TO ORDER: II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes for the Regular Meeting on October 4, 2004 Recognition-2004 Treescaping Award V. COUNCIL ITEMS TO BE CONSIDERED: VI. CONSENT AGENDA: The items on the Consent Agenda are to be acted upon by the City Council in a single motion. There will be no discussion of these items unless a Councilmember or citizen so requests, in which event the items will be removed from the Consent Agenda to the appropriate department for discussion. 1. Pay Bills As Audited 2. Approve Extension of Unpaid Leave of Absence 3. Order Public Hearing-Renewal of Currency Exchange License 4. Resolution-Requesting 35 MPH Speed Limit on Highway 316 to the South City Limits 5. Approve Facility Maintenance Agreement 6. Pay Estimate #4-project 2004-1: Westwood Reconstruction (3 Rivers Construction) $172,605.91 7. Pay Estimate #3-Project 2004-2: 31st Street Reconstruction (A-1 Excavating) $104,671.02 8. Pay Estimate #3-Project 2004-3: Vermillion River Trail Underpass (Mattison Contractors) $926.25 9. Pay Estimate #3-Project 2004-4: 10th Street & Highway 61 (Ace Blacktop) $230,545.17 10. Pay Estimate #10-Project 2003-2: Riverwood South Oaks (Contractor's Edge) $16,450.49 11. Resolution-Grant Extension to Site Plan Approval #2003-77: Dakota Summit (Nick Conzemius). . 12. Resolution-Approve Roof Sign #2004-60: Pizza Hut (1330 South Frontage Road) 13. Declaring Excess Property for Auction 14. Waive Internal Construction Fees-Wallin Park 15. 2004 Gobble Gait Request . 16. Order Public Hearing for November 1, 2004-Declaring City Property Excess and approving exchange 17. Approve Accounts Receivable Write-Ofts 18. Approve Credit Card Policy 19. Resolution-Approve Grant Submittal Jiffy Gas Station Clean-up VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Public Hearing-Modification of the Hastings Downtown Area Redevelopment Plan and Establishment of Tax Increment Financing District #4 2. Public Hearing-Annexation #2004-51: South Frontage Road Extension (0.5 acres) VIII. REPORTS FROM CITY STAFF: A. Public Works 1. Appeal of 24 foot Driveway Width Ordinance B. Planning 1. Resolution-Adopt a Modification to the Hastings Downtown Area Redevelopment Plan and Establish Tax Increment Financing District #4 2. Resolution-Approve the Elimination of Parcels from Downtown TI F District #1 3. Approve Sherman Associates' Master Development Plan 4. Approve and Authorize Execution of Master Preliminary Development Agreement 5. Second Reading/Resolution-Annexation #2004-51: South Frontage Road Extension (0.5 acres) 6. Resolution-Site Plan #2004-52: Plastic Printers Expansion (2750 Millard Avenue) 7. Resolution-Minor Subdivision #2004-56: Subdivide Lot 1, Block 3, Hastings Industrial Park No.3 (Spiral & Enterprise) 8. Resolution-Site Plan #2004-54: Westview Packaging (Southwest Corner of Spiral & Enterprise Boulevards) C. Administration IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next City Council Meeting on Monday, November 1, 2004 Hastings, Minnesota October 4, 2004 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday October 4,2004 at 7:00 p.m., 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, Moratzka, Riveness, Schultz, and Yandrasits Members Absent: Mayor Werner Staff Members Present: City Administrator Dave Osberg; Administrative Assistant/City Clerk Melanie Mesko Lee; City Attorney Shawn Moynihan; Associate Planner/GIS Technician Kris Jenson; Public Works Director Tom Montgomery; HRA Director John Grossman; Parks & Recreation Director Barry Bernstein Approval of Minutes Acting Mayor Hicks asked if there were any corrections or additions to the minutes of the regular meeting of September 20, 2004. Hearing none, the minutes were approved as presented. Council Items to be Considered City Administrator Osberg requested that acceptance of Facility Maintenance position resignation be added to the Consent Agenda. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to amend the Consent Agenda as requested. 6 Ayes; Nays, none. Consent Agenda Moved by Councilmember Riveness, seconded by Councilmember Moratzka, to approve the Consent Agenda as amended 6 Ayes; Nays, None. 1. Pay Bills As Audited 2. Schedule Special City Council Meeting to Canvass Election Results 3. Resolution-Appointing 2004 General Election Judges 4. Approve Temporary Compensatory Time Cap Limit 5. Resolution-Accept Donation from Lions Club and Budget Adjustment for Parks and Recreation Department 6. Resolution-Accept Donation from Lions Club and Budget Adjustment for Police Department Minuta~ of tna Ragular Meeting of October 4. 2004 Page Z of ~ 7. Approve Development Agreement-Glendale Heights 3rd Addition (Ryan Contracting) 8. Authorize Advertisement for Industrial Park Farm Lease 9. Resolution-Declaring Amount to be Assessed and Ordering Hearing for 2003 Improvement Project Assessments: General Sieben Drive Extension, Riverwood/South Oaks, Spiral Boulevard and 31st Street Extension 10. Final Payment-Fire Department Tanker Truck 11. Accept Resignation of Facility Maintenance Position Award Contract-Park Shelter Building Parks & Recreation Director Barry Bernstein recommended award of the contract to Red Wing Construction in the amount of $130,500 to construct a shelter building at Wallin Park. Moved by Councilmember Schultz, seconded by Councilmember Moratzka to award the contract as recommended. 6 Ayes; Nays, none. Public Hearing-Vacation of Alley #2004-53: 2nd Street West of Bailly Street (Hastings HRA) Acting Mayor Hicks opened the public hearing at 7:03 p.m. Associate Planner Jenson provided a brief background on the action to be considered. There were no comments from the public. Acting Mayor Hicks closed the public hearing at 7:04 p.m. Second Reading/Resolution-Vacation of Alley #2004-53: 2nd Street West of Bailly Street (Hastings HRA) Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the resolution as presented. 6 Ayes; Nays, none. Copy of resolution on file. Public Hearing-Sale of Industrial Park land to Westview Packaging Acting Mayor Hicks opened the public hearing at 7:07 p.m. HRA Director Grossman provided a brief background on the proposed action. He stated that approval of the sale is contingent upon site plan approval. There were no comments from the public. Acting Mayor Hicks closed the public hearing at 7:07 p.m. Resolution-Sale of Industrial Park land to Westview Packaging Moved by Councilmember Moratzka, seconded by.Councilmember Yandrasits to approve the sale as presented 6 Ayes; Nays, none. Copy of resolution on file. Minutes of the Regular Meeting of October 4, 2004 Page 3 of 5 Review Proposed Assessment for Forest Street-Part of the 2004 Westwood Improvement Project Public Works Director Montgomery requested that the Operations Committee consider whether a reduction in the proposed Forest Street assessments as part of the 2004 Westwood Project would be appropriate, considering the delay in completing the project in 2004. Moved by Councilmember Riveness, seconded by Council member Schultz to refer this issue to the Operations Committee for further review. 6 Ayes; Nays, none. Ordinance Amendment-Rezoning #2004-20: Vitt Property Associate Planner Jenson stated that the rezoning request is for approximately 17 acres from A-Agriculture to R-3/PRD-Medium/High Density Residence for 114 multi-family units. Moved by Councilmember Yandrasits, seconded by Councilmember Hazlet to approve the rezoning as presented. 6 Ayes; Nays, none. Copy of ordinance on file. Resolution-Preliminary Plat/Site Plan Review #2004-20: 114 Townhome Units-Vitt Property (Centex Homes). Associate Planner Jenson stated that the Planning Commission has recommended approval of the preliminary plat and the site plan. Jim Thoresen, 1844 West 14th Street, distributed a packet of information to the Council, outlining the surrounding neighborhood's concerns with the project, including buffering, price of units, traffic, and drainage. Joe Kimmes, 1820 West 14th Street, stated that Centex's proposal has changed since it was originally brought to the neighbors for information. He stated concerns with setbacks, traffic, and berming. Kristin Mahl, 1812 West 13th Street, stated concerns with traffic and ability to access General Sieben Drive. Matt Anfang of Centex Homes, stated that the site plan was prepared to place the carriage homes, the lower density, closest to the existing neighborhood, with higher density homes further away. Councilmember Yandrasits requested clarification on General Sieben Drive traffic concerns. Public Works Director Montgomery stated that staff is exploring the possibility of an additional north/south connection on the west end of the City limits, but that is not currently in the 2020 Comprehensive Plan. General Sieben Drive has been designed to handle a high level of traffic. Councilmember Moratzka requested clarification on drainage concerns. Brian Johnson, the engineer for the project, stated that the project property is lower than the existing neighborhood and that two ponds will be built in the property; thus, no additional drainage will be directed to the existing neighborhood. Minutes of the Regular Meeting of October 4, 2004 Page 4 of 5 Councilmember Schultz requested clarification on the site plan changing from the original plan presented to the neighbors. Matt Anfang stated that several plans were proposed, but the current site plan is a reflection of changes made due to street and drainage requirements. Councilmember Yandrasits stated that the proposed plan complies with City requirements. Council member Hicks requested consideration of changing the proposed five- unit homes into three-unit vineyard-style homes nearest to the existing neighborhood. Matt Anfang stated that there is not enough room to locate vineyard-style homes at that location. Moved by Council member Yandrasits, seconded by Councilmember Hazlet to approve the site plan as presented. Councilmember Hicks requested that additional brick accents and that South Frontage Road be used as the construction access be added as a friendly amendment to the motion. Roll Call Vote was taken. Four Ayes; Nays, two. Councilmembers Schultz and Riveness voting against. Copy of resolution on file. Resolution-Support for Incorporation of Denmark Township Moved by Councilmember Schultz, seconded by Councilmember Riveness to approve the resolution as presented. 6 Ayes; Nays, none. Copy of resolution on file. Comments from the Audience Jackie Boler, 402 West 7th Street, asked questions about the site plan review process. She suggested that changes between preliminary site plan and final site plan approval should be brought forward for public comment. Ms. Boler also discussed height limits with regards to buildings downtown and the redevelopment project. She also stated concern that the developer has not yet begun to market the restaurant/banquet facility. Ron Craft, 216 East 2nd Street, stated frustrat!on with the length the downtown redevelopment process is taking. He also stated that the process should be opened up more for public input. Reports from City Committees, Officers, Councilmembers Acting Mayor Hicks requested that staff prepare a resolution supporting a 35 mph speed limit on Highway 316 within City limits. Councilmember Moratzka stated that HRA Director Grossman has provided a recap of the action and review to date on the downtown redevelopment process. Moratzka reiterated the importance of public space and public restrooms being part of this redevelopment process. Moratzka also addressed the issue of a restaurant, stating that availability of space may be an issue. . Minutes of the Regular Meeting of October 4, 2004 Page 5 of 5 Adjournment Moved by Councilmember Schultz, seconded by Council member Riveness to adjourn the meeting at 8:34 p.m. 6 Ayes; Nays, None. ATTEST Acting Mayor City Attorney - CITY OF HASTINGS Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6176 Fax 651-437-7082 Date: 10/6/04 To: Honorable City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Award Recipient Back!!round Information: The Minnesota Society of Arboriculture has awarded the City of Hastings Parks and Recreation Department the 2004 Treescaping Award. The award is for the project we did on Arbor Day this year. This was a partnership project between Hastings Middle School, the department of Transportation and the Parks and Recreation Department. This award was presented at the Fall Conference on September 30, 2004. This project was a joint effort between the Hastings Middle School and Kevin Smith. Please join me to congratulate Kevin Smith and Middle school Principal Mark Zuzek for their efforts! Council Action Reauested: None REF: city counciVmemo of award for Kevin 2004 Date: 10/14/2004 Time: 13:36:58 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK FINANCE FINANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE MAINTENANCE PLANNING M.I.S. M.I.S. M.I.S. POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE UNITED STATES POSTAL POSTAGE Total for Department 000 AT&T LONG DISTANCE CHARGES/OC LASERSHARP, INC. LASER CARTRIDGE NEXTEL COMMUNICATION CELL PHONE SERVICE OFFICE MAX - A BOISE RUBBERBANDS OFFICE MAX - A BOISE SUPPLIES S & T OFFICE PRODUCT RIBBON UNITED STATES POSTAL POSTAGE Total for Department 105 AT&T LONG DISTANCE CHARGES/OC Total for Department 107 AT&T NORTHSTAR LONG DISTANCE CHARGES/OC CHAPTER A DUES / BENSON Total for Department 120 AT&T LONG DISTANCE CHARGES/OC COLT ELECTRIC INC. WIRE EMERGENCY SWITCH/PD DAKOTA COUNTY TREASU FLOURESCENT BULB DISPOSA GRAINGER, W.W. INC. LIGHT BALLAST H & H INDUSTRIES INC LIGHT BULBS LIFEWORKS SERVICES I SEPT SERVICE MINNEGASCO,ACCT'S PA MONTHLY GAS NORTHLAND CHEMICAL S CLEANING CHEMICALS Total for Department 140 AT&T LONG DISTANCE CHARGES/OC Total for Department 150 AT&T LONG DISTANCE CHARGES/OC CDW GOVERNMENT INC MEDIA 2003 SERVER NORNES, STEPHANIE RACK KEYBOARD TRAY Total for Department 160 AT&T LONG DISTANCE CHARGES/OC DAKOTA COUNTY TECH C PURSUIT DRIVING REFRESHE DAKOTA COUNTY TECH C PURSUIT DRIVING REFRESHE HASTINGS AUTO BODY, DARE VEHICLE REPAIRS MN CHIEFS OF POLICE PERMIT TO CARRY CARDS MN DEPT OF ADMINISTR STATE LINK/ MONTHLY USAG OFFICE MAX - A BOISE OFFICE SUPPLIES OSI BATTERIES REPLACEMENT BATTERIES ARCH WIRELESS PAGER LEASE UNIFORMS UNLIMITED TASER CARTRIDGES Total for Department 201 BUILDING AND INSPECT AT&T LONG DISTANCE CHARGES/OC BUILDING AND INSPECT CROSSROADS EXPRESS L 803/ OIL CHANGE VI-1 Page: 1 Amount ------------ 2,000.00 2,000.00* 5.43 76.68 109.66 .83 9.33 22.75 9.50 234.18* 3.76 3.76* 3.40 50.00 53.40* .63 341.10 122.40 38.18 193.75 240.36 214.74 50.76 1,201. 92* 6.35 6.35* 7.45 28.00 135.95 171.40* 74.91 190.00 190.00 2,193.25 19.47 37.00 88.64 47.54 186.97 265.85 3,293.63* 24.53 42.25 Date: 10/14/2004 Time: 13:36:58 Operator: BECKY KLINE Page: 2 Department Vendor Name Description Amount CITY OF HASTINGS FM Entry - Invoice Payment - Department Report -------------------- -------------------- ------------------------ ------------ BUILDING AND BUILDING AND BUILDING AND BUILDING AND BUILDING AND INSPECT INSPECT INSPECT INSPECT INSPECT PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS 804/ OIL CHANGE REPAIR/CROWN VIC DUES SEPT SAC CHARGES SURCHARGE/ QTR ENDING 9/ Department 230 CROSSROADS EXPRESS L DOWNTOWN TIRE & AUTO INT'L CODE COUNCIL I MCES MN STATE TREASURER Total for AT&T LONG DISTANCE CHARGES/OC EGGER NICHOLAS EXPENSE REIMBURSEMENT GERLACH SERVICE, INC. SWITCH GURNEY, DAVID EXPENSE REIMBURSEMENT G S DIRECT INC PLOTTER PAPER G S DIRECT INC PLOTTER PRINTHEADS MINNEGASCO,ACCT'S PA MONTHLY GAS MONTGOMERY, THOMAS EXPENSE REIMBURSEMENT NEXTEL COMMUNICATION WIRELESS CHARGES NIEBUR IMPLEMENT CO CHAIN SHARPEN/ HEARING P NORTHWEST LASERS INC SURVEY PINK PAINT TWIN CITY REFUSE & R RECYCLED APPLIANCES UNLIMITED SUPPLY INC MARKER PAINT Total for Department 300 PARKS AND RECREATION FIRST NAT'L BANK NOV/ LOAN 0320243279 Total for Department 401 Total for Fund 101 PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/OC PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS PARKS AND RECREATION SMITH KEVIN EXPENSE REIMBURSEMENT/CO PARKS AND RECREATION SMITH KEVIN EXPENSE REIMBURSEMENT/DU PARKS AND RECREATION SPORTS TECHNOLOGY IN FLAG POLE/PIONEER PARK PARKS AND RECREATION UNITED BUILDING CENT SAND MIX Total for Department 401 Total for Fund 200 PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/OC PARKS AND RECREATION MINNEGASCO,ACCT'S PA MONTHLY GAS Total for Department 401 Total for Fund 201 HERITAGE PRESERVATIO AT&T LONG DISTANCE CHARGES/OC HERITAGE PRESERVATIO S & T OFFICE PRODUCT STAMP/ INK Total for Department 170 FIRE Total for Fund 210 AMOCO OIL CO FUEL PURCHASES 42.25 410.57 100.00 54,796.50 7,706.41 63,122.51* 12.59 36.13 10.48 1,021.84 37.67 120.81 44.18 757.44 857.93 56.43 96.66 186.00 12.62 3,250.78* 1,527.35 1,527.35* 74,865.28* 8.06 78.36 95.00 30.00 1,167.31 22 .14 1,400.87* 1,400.87* 6.57 3,244.15 3,250.72* 3";250.72* 5.22 14.25 19.47* 19.47* 71.75 Date: 10/14/2004 Time: 13:36:58 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ FIRE FIRE FIRE FIRE AT&T LONG DISTANCE CHARGES/OC HASTINGS FIRE RELIEF 2004 STATE FIRE AID HASTINGS FIRE RELIEF 2004 STATE FIRE AID/CITY MINNEGASCO,ACCT'S PA MONTHLY GAS Total for Department 210 AMBULANCE AMBULANCE AMBULANCE AMBULANCE PRAXAIR DISTRIBUTION OXYGEN REGINA MEDICAL CENTE SEPT AMBULANCE MEDS STRYKER SALES CORPOR IV POLE ASSEMBLY ZIEGLER, INC. ANTIFREEZE Total for Department 220 Total for Fund 213 PARKS AND RECREATION CEMSTONE PRODUCTS CO CONCRETE & SAND / TUTTLE PARKS AND RECREATION CEMSTONE PRODUCTS CO TAPE / JOINT FIBER PARKS AND RECREATION UNITED BUILDING CENT TUTTLE PARK/ SUPPLIES Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO AT&T LONG DISTANCE CHARGES/OC Total for Department 500 Total for Fund 404 ECONOMIC DEVELOPMENT HINZMAN JOHN EXPENSE REIMBURSEMENT Total for Department 180 Total for Fund 407 PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS CONTRACTORS EDGE INC RETAINAGE CONTRACTORS EDGE INC RSO / 31ST ST CONTRACTORS EDGE INC RSO / SO OAKS Total for Department 300 Total for Fund 493 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS A-1 EXCAVATING 31ST STREET ACE BLACKTOP 10 & 61/ PROJ 04-4 BARR ENGINEERING CO. PRELIM WWOOD SS DESIGN MATTISON CONTRACTORS RTU PROJ 04-3 THREE RIVERS CONSTRU WESTWOOD 04-01 Total for Department 300 Total for Fund 494 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS OVERPAYMENT REFUNDS/METE OVERPAYMENT REFUNDS/RADI OVERPAYMENT REFUNDS/SALE D R HORTON D R HORTON D R HORTON Page: 3 Amount ------------ 9.41 164,483.00 26,817.00 94.94 191,476.10* 101. 59 41. 38 238.00 50.43 431.40* 191,907.50* 715.61 21.43 89.24 826.28* 826.28* 2.07 2.07* 2.07* 582.47 582.47* 582.47* -865.82 2,538.07 14,778.24 16,450.49* 16,450.49* 104,671.02 230,545.17 73.50 ...926.25 172 , 605.91 508,821.85* 508,821. 85* 3,570.00 175.00 232.08 Date: 10/14/2004 Time: 13:36:59 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Page: 4 Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLI C WORKS PUBLIC WORKS PUBLIC WORKS AT&T LONG DISTANCE CHARGES/OC BERRY COFFEE COFFEE DAVCO INC REPAIR KIT GOPHER STATE ONE-CAL LOCATES GRAPHIC DESIGN INSERTING STATEMENTS MINNEGASCO,ACCT'S PA MONTHLY GAS NEXTEL COMMUNICATION WIRELESS CHARGES Total for Department 300 Total for Fund 600 PUBLIC WORKS PUBLIC WORKS MCES WASTEWATER SERVICE MN PIPE & EQUI PMENT WRENCH WITH SOCKET Total for Department 300 Total for Fund 601 CITY CLERK BOYER FORD TRUCKS T-1 / BRAKE PADS CITY CLERK BOYER FORD TRUCKS T-3/ BRAKE KIT CITY CLERK DIXON, THOMAS MILEAGE REIMBURSEMENT CITY CLERK DIXON, THOMAS UNIFORM ALLOWANCE CITY CLERK FRIESE TOM UNIFORM ALLOWANCE CITY CLERK HASTINGS FORD-JEEP-E T-2 REPAIRS CITY CLERK QUALITY COLLISION CE T-1 REPAIRS CITY CLERK QUALITY COLLISION CE T-4/ REPAIRS Total for Department 107 Total for Fund 610 PARKS AND RECREATION ARROW BUILDING CENTE PLYWOOD PARKS AND RECREATION AT&T LONG DISTANCE CHARGES/OC PARKS AND RECREATION BONESTROO & ASSOC ADMIN OF CONSTRUCTION/ I PARKS AND RECREATION HASTINGS STAR GAZETT SEASONAL EMP/ LEARN_ TO S PARKS AND RECREATION MINNEGASCO, ACCT' S PA MONTHLY GAS PARKS AND RECREATION NEW MECH COMPANIES I BRA FILE #222-03-102B Total for Department 401 Total for Fund 615 PUBLIC WORKS PUBLIC WORKS AT&T GLENWOOD LONG DISTANCE CHARGES/OC INGLEWOOD C WATER COOLER RENTAL Total for Department 300 Total for Fund 620 PLANNING PETTERSON CHAD ESCROW REFUND/ CHIRIPRAC Total for Department 150 PUBLIC WORKS BARR ENGINEERING CO. RIVERDALE ADDN POSTAGE PUBLIC WORKS BARR ENGINEERING CO. RIVERWOOD LOMR INFO GGG 4.89 38.13 238.13 600.30 164.41 108.30 413.34 5,544.58* 5,544.58* 66,285.33 39.33 66,324.66* 66,324.66* 106.30 127.34 15.75 120.90 147.45 590.18 2,601. 73 2,577.45 6,287.10* 6,287.10* 280.36 2.81 1,516.00 176.00 66.27 32,485.25 34,526.69* 34,526.69* 1.48 7.46 8.94* 8.94* 476.75 476.75* 1.52 150.00 Date: 10/14/2004 Time: 13:36:59 Operator: BECKY KLINE Page: 5 CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description Amount -------------------- -------------------- ------------------------ ------------ Total for Department 300 151. 52 * Total for Fund 807 628.27* Grand Total 911,447.24* October 18, 2004 Mayor Werner atyof H:1sti~ N.erramim To: City Council From: Becky Kline, Finance Department Date: 10/12/2004 The attached Department Report itemizes vouchers that were paid on October 12, 2004. Thank you. Date: 10/12/2004 Time: 09:25:03 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ COUNCIL AND MAYOR ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION FINANCE FINANCE MAINTENANCE PLANNING M.I.S. POLICE POLICE POLl CE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE POLICE MN CHILD SUPPORT PMT CASE 00138614701 MN CHILD SUPPORT PMT CASE 001435452601 Total for Department 000 METRO AREA MNGR ASSN RENEWAL Total for Department 102 GRAPHIC DESIGN LETTERHEAD LASERS HARP , INC. LASER CARTRIDGE OFFICE MAX - A BOISE SUPPLIES S & T OFFICE PRODUCT PAPER Total for Department 105 HASTINGS AREA CHAMBE AUG LODGING TAX MINNESOTA SHREDDING DESTRUCTION OLD DOCUMENT Total for Department 120 SCHOMMER, ROBERT G REFINISH CH NORTH DOORS Total for Department 140 GRAPHIC DESIGN BUSINESS CARDS Total for Department 150 VENTURE SYSTEMS INC TECH SERVICE HOURS Total for Department 160 AT & T WIRELESS MDT SITE LEASE BIRCHEN ENTERPRISES VEHICLE MAINT BUREAU OF CRIMINAL A CJDN CONNECTION BUREAU OF CRIMINAL A MDT HOST DEVICE CDW GOVERNMENT INC MDT SERVER/ LICENSE DARE AMERICA DARE WORKBOOKS GALLS, INC. MUNSON/ UNIFORMS KDWA RADIO SCHOOL SAFETY MESSAGES KISSNER, CARY L. REPAIRS/ 1411 NEXTEL COMMUNICATION CELL PHONES ON SITE SANITATION RANGE SERVICE REGINA MEDICAL CENTE LAB WORK/ J STEPHENS REGINA MEDICAL CENTE LAB WORK/J JOHNSTON Total for Department 201 BUILDING AND INSPECT MN STATE TREASURER MECHANICAL CODE SEMINAR/ Total for Department 230 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS APWA MEMBERSHIP CEU TRANSCRIPT FEE/GURNE BOYER FORD TRUCKS FILTER BROCK WHITE COMPANY FELT MATTING CATCO PARTS & SERVIC STROBE LIGHT COLT ELECTRIC INC. CONDUIT REPAIR COUNTRYSIDE IMPLEMEN STRAP/ LOCK MEYER COMPANY WEBER / CLOTHING Page: 1 Amount ------------ 438.39 238.57 676.96* 4,177.00 4,177.00* 129. 93 13 9.52 595.88 32.74 898.07* 6, 13 6. 94 507.50 6,644.44* 520.00 520.00* 74.55 74.55* 600.00 600.00* 355.00 839.02 390.00 380.00 1,188.34 540.00 106.48 45.99 161. 02 716.16 88.65 63.5'0 63.50 4,937.66* 70.00 70.00* 20.00 23.71 289.15 55.83 375.00 34.16 250.00 Date: 10/12/2004 Time: 09:25:04 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ PUBLIC WORKS MOTOR PARTS SERVICE FILTER PUBLIC WORKS MOTOR PARTS SERVICE FILTER/FITTING PUBLIC WORKS MOTOR PARTS SERVICE FILTERS PUBLIC WORKS MOTOR PARTS SERVICE FITTINGS PUBLIC WORKS MOTOR PARTS SERVICE FLOOR DRY PUBLIC WORKS MOTOR PARTS SERVICE INJ TESTER PUBLIC WORKS MOTOR PARTS SERVICE LAMPS PUBLIC WORKS MOTOR PARTS SERVICE PARTS PUBLIC WORKS MOTOR PARTS SERVICE SUPPLIES PUBLIC WORKS MOTOR PARTS SERVICE WIPER BLADE PUBLIC WORKS MOTOR PARTS SERVICE WIPER BLADES Total for Department 300 MISCELLANEOUS MAGUIRE AGENCY 4th QTR SERVICE FEE Total for Department 600 Total for Fund 101 PARKS AND RECREATION FERGUSON ENTERPRISES VETS IRRIGATION/ PARTS PARKS AND RECREATION MEYER COMPANY CLOTHING/ CERNOHOUS PARKS AND RECREATION MIRACLE RECREATION E DONATED MEMORIAL PARK BE PARKS AND RECREATION RENT 'N' SAVE PORTAB SEPT RENTAL PARKS AND RECREATION YOCUM OIL CO INC FUEL PARKS AND RECREATION YOCUM OIL CO INC UNLEADED FUEL Total for Department 401 Total for Fund 200 CABLE ALPHA VIDEO & AUDIO REPAIR CABLE EQUIPMENT Total for Department 420 Total for Fund 205 HERITAGE PRESERVATIO DOERMANN ELISABETH W CONSULTING/ WAYSIDE PANE Total for Department 170 Total for Fund 210 FIRE FIRE FIRE FIRE FIRE BUMPER TO BUMPER FUSE HOLDER/1497 DOERER'S GENUINE PAR CONNECTOR EMERGENCY APPARATUS VEHICLE REPAIR/ 1492 HAGEMEYER NO AMERICA SENSOR OXYGEN/TMX412 VERIZON WIRELESS CELL CHARGES Total for Department 210 AMBULANCE AMBULANCE AMBULANCE HASTINGS FORD-JEEP-E REPAIRS/1461 MOORE MEDICAL CORP. MED SUPPLIES PRAXAIR DISTRIBUTION OXYGEN Total for Department 220 Page: 2 Amount ------------ 10.23 51. 03 41. 53 15.06 82.54 38.29 7.50 6.37 25.05. 11. 57 17.65 1,354.67* 3,200.00 3,200.00* 23,153.35* 7.92 155.80 338.67 246.02 362.32 1,662.30 2,773.03* 2,773.03* 377.99 377.99* 377.99* 900.00 900.00* 900.00'* 362 . 97 8.52 301. 86 157.60 14 7 . 02 977.97* 195.84 463.56 84.96 744.36* Date: 10/12/2004 Time: 09:25:04 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department Vendor Name Description -------------------- -------------------- ------------------------ Total for Fund 213 DEBT DEBT MOODY'S INVESTORS SE PROF SERVICES/BOND ISSUA SPRINGSTED PUBLIC FI ISSUANCE FEES/ SERIES 20 Total for Department 700 Total for Fund 390 PARKS AND RECREATION UNITED RENTALS CEMENT FINISHER/ TUTTLE Total for Department 401 Total for Fund 401 HOUSING AND REDEVELO BRADLEY & DEIKE PA UBC / TIF #1 ISSUES HOUSING AND REDEVELO BRKW APPRAISALS APPRAISAL/CDBG REIMB HOUSING AND REDEVELO MN POLLUTION CONTROL 222 RAMSEY Total for Department 500 Total for Fund 402 HOUSING AND REDEVELO BRADLEY & DEIKE PA block 2 DEVELOP HOUSING AND REDEVELO BRADLEY & DEIKE PA HANKEN LOAN HOUSING AND REDEVELO EHLERS & ASSOC BAILLYS LANDING PRE DEVE HOUSING AND REDEVELO EHLERS & ASSOC RlVERFRONT/TIF #4 PRE D HOUSING AND REDEVELO SEH ENGINEERS TIF STUDY #4/ASSESS RIVE Total for Department 500 Total for Fund 404 PUBLIC WORKS PUBLIC WORKS MOODY'S INVESTORS SE PROF SERVICES/BOND ISSUA SPRINGSTED PUBLIC FI ISSUANCE FEES/ 2004B Total for Department 300 Total for Fund 494 PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS D R HORTON OVERPAY WATER METER RADI GOODIN CO. COIL GOODIN CO. HEUSSER/ PAYMENT GOODIN CO. METER VALVES/COUPLINGS GOODIN CO. NIPPLES OFFICE MAX - A BOISE PAPER/TAPE CARTRIDGES TWIN CITY WATER CLIN BACTERIA ANALYSIS Total for Department 300 Total for Fund 600 PUBLIC WORKS NORTH AMERICAN HYDRO PROF SERVICES Total for Department 300 Total for Fund 620 Page: 3 Amount ------------ 1,722.33* 293.30 3,933.46 4,226.76* 4,226.76* 35.13 35.13* 35.13* 112.50 9,500.00 60.00 9,672.50* 9,672.50* 25.00 150.00 1,268.75 675.00 6,994.19 9,112.94* 9, 112 . 94 * 4,706.70 22,416.15 27,122.85* 27,122.85* 175.00 28.07 -34.28 89.23 78.75 138.22 160.00 634.99* 634.99* 3,877.16 3,877.16* 3,877.16* Date: 10/12/2004 Time: 09:25:04 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report page: 4 Department Vendor Name Description Amount PLANNING -------------------- -------------------- ------------------------ ------------ BRADLEY & DEIKE FA WESTVIEW PACKAGING/LAND Total for Department 150 HOUSING AND REDEVELO BRADLEY & DEIKE PA SHERMAN DOWNTOWN DEVELOP HOUSING AND REDEVELO EHLERS & ASSOC RIVERFRONT PROJ Total for Department 500 Total for Fund 807 Grand Total 312.50 312.50* 1,475.00 2,275.00 3,750.00* 4,062.50* 87,671. 53* VI-2 TO: FROM: DATE: RE: Mayor Werner and City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk October 13, 2004 Request for Extension of Unpaid Leave of Absence Council Action Reauested: Approve extension of an unpaid leave of absence for Marsha Katasonova, with the following conditions recommended by staff: 1. An unpaid leave of absence be approved for the period of October 18- November 18, 2004 for Marsha Katasonova; 2. Marsha Katasonova be responsible for all insurance costs while on the unpaid leave of absence and during FMLA leave; 3. Marsha Katasonova will not accrue any sick, vacation, or other benefits while on an unpaid leave of absence; 4. Marsha Katasonova must return to work on Monday, November 22, 2004, and must provide medical certification, before returning to work, of her ability to return to work and perform the essential functions of her job as code enforcement inspector. VI-3 MEMORANDUM To: From: Date: Re: Mayor Werner & City Councilmembers Melanie Mesko Lee, Administrative Assistant/City Clerk October 18, 2004 Currency Exchange Application Council Action Reauested: Order a public hearing for November 1, 2004 to consider approving a renewal of a currency exchange license for Wal-Mart. Backaround Information: The City has received an application from the Minnesota Department of Commerce, from Wal-Mart to renew their currency exchange business at the Hastings location. While currency exchange is not specifically addressed in our code book, MN State Statute 53A.04 (s) requires that a local jurisdiction hold a public hearing and adopt a resolution either approving or denying the request. There is no corresponding City license or fee that goes along with this request. Following a public hearing, should the Council choose to approve this request, the appropriate resolution and supporting paperwork will be sent up to the State Department of Commerce. The Council approved the license in 2003 and also approved a similar request in 1994 for Dakota Currency Exchange to operate at 275 West 33rd Street. If you have any questions, please do not hesitate to let me know. Attachments: Public Hearing Notice Notice of Public Hearing Notice is hereby given that the City Council of the City of Hastings will hold a public hearing on Monday, November 1, 2004 at 7:00 p.m. to consider a request by Wal-Mart to renew their license to operate a currency exchange business at their Hastings location, 1752, North Frontage Road, Hastings, MN. Oral and written comments will be received. All who are interested are encouraged to attend and be heard. Ordered by the City Council of the City of Hastings on October 18, 2004. Dated: October 18, 2004 Melanie Mesko Lee Administrative Assistant/City Clerk e-mailed to Hastings Star Gazette on October 13, 2004 for publication on October 21, 2004 VI-4 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery October 14,2004 Hwy 316 Speed & Noise Resolution At the conclusion of the October 4, 2004 Council meeting, staff was directed to prepare a resolution requesting MnDOT to extend the Hwy 316 existing 35 mph speed limit to the south City limits and install signs prohibiting "jake braking". Enclosed is a resolution for Council consideration, but as Council will note, the resolution is for the extension of the 35 mph speed limit only. JAKE BRAKING Enclosed for Council information is an article on regulating engine-retarding brakes, written by League of Minnesota Cities attorney Duke Addicks. The article notes that MnDOT will not install "Trucks: No Jake Braking" signs on state highways, but will all the City to install a sign noting "Vehicle Noise Laws Enforced" if: 1. The City has a vehicle noise ordinance 2. The City has passed a resolution agreeing to enforce the vehicle noise laws 3. The City has access to a sound level meter to use in enforcing the vehicle noise laws. At this time, the Council has not adopted a vehicle noise ordinance, and I do not believe that the City has purchased the appropriate sound level meter needed to enforce such an ordinance. - - CITY OF HASTIN6S CITY OF HASTINGS Dakota County, Minnesota Resolution No. RESOLUTION REQUESTING AN EXTENSION OF THE EXISTING 35 MPH SPEED LIMIT ON HWY 316 SOUTH TO THE SOUTH CITY LIMITS WHEREAS, the speed limit on Hwy 316 within the City limits of Hastings prior to the annexation of the South Pines development was 35 mile per hour, and WHEREAS, the posted Hwy 316 speed limit abutting the existing South Pines development on the east and west side ofHwy 316 south of3ih Street is 55 miles per hour, and WHEREAS, the South Pines development abutting both side ofHwy 316 has extended the residential development of the City southward, raising safety and access concerns with high speed traffic abutting dense residential development, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Hastings City Council hereby requests that the existing 35 miles per hour Hwy 316 speed limit be extended south to the current south Hastings City limits. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 18th DAY OF OCTOBER, 2004. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) ""::,:~I,:,," ;" ',:' " , o~, '~~',,~'_,,;:':", ';~:_>_:: .:: :_'~;'.:':. - ,. '." li'l}dt~,:.";'f<' Q', u; ': 1<< N; a;,'w. 1: " .',' _". ,", , j I I , i i i I Regulating Engine-Retarding Brakes omplaints about the noise some trucks xna.lce when using cngine- retarding brakes has prompted many cites to adopt ordinances prohibiting the use of tl'lis type of brake except in an emergency. These ordinances prohibiting the use of '5ake brakes," are often accompanied by signs on the outskirts of the city stating "Trucks: No Jake Braking" and have received consider- able criticism. There are a number of problem~ in re2Ularin~ onlv tbe u~e of en\pne- retarding brnk~ Signs prohibiting a certain brand of engine-retarding, _ brakes may violate trademark laws. Prohibiting the use of engine-retarding brakes may result in braking devices not being used which, when used with an adequ;ttc: mufiler system, produce little noise. Attempting to prohibit the use of engine-'retarding brakes that produce abnormal or excess noise may result in court challenges over c:..'Uccly how to define the words "abnonnal" and "excess." There ;Ire a!,oto <;:tf...\y imt(>~ Truckers argue these engine bmkes are one of the greatest safety devices that can be used Oll a truck. If a driver f.ri1s to use a lawful brake because its use is illegally prohibited by a. city, an argument could be made that there is pOtential liability on the part of the city if an accident occurs. The manufacturers of these types of brakes argue it is not the sudden release of compression that occurs when these brakes are used which creates the prob- lem. It is the use of these brakes with improperly muffled or totally unmuffled e.'dlaust systems that causes the problem. The Minnesota Department of Transportation (MnDOT) agrees with this argument. Guidelines were adopted in December 1999 and are included in the July 2000 edition of the NlnDOT tr3ffic engineering manual. These By Duke Addkks k~, I 'delin 'd h ' ! u es rOV1 c: t at ti ffi' \i I ins cd by MnDOT on trunk highways I that stated "Trucks: No Jake Braking" should be replaced with signs stating "Vehicle Noise laW!! Enforced" MnDOT is in the process of removing all existing no jake braking signs from state highways and replacing them with the new si C1 at c:asnng no Ja e bI41king signs in mmk highway rights of way does not have to pass a resolu- I tionagrecing to enforce the muffle";' i and vehicle noise laws in order for " I, " , , ' MnDOT to replace the sign. However, in order for a city to place new sims on state hi:w~s a citY must obtain a vermit fro _ M ...DOT. A city in the seven county metropolitan area must p'ass a resolution J21'eeinsz to enforce, the vehicle noise laws before a D~mrit will be issued. A city in ~ter Minne- sota does not have to pass that resolution in order to obtain a permit. , Cities that still have no jake braking ! signs on city streets should consider re- , moving them and replacing them with the new signs. Cities that stillJ1ave an ordinance on the books prohibiting the use of engine-retarding brakes should repeal that ordinance. y <""ley t wants to e orce state vehicle noise laws on its own ! streets should consider adopting the League 'Of Minnesota Cities model motor vehicle noise ordinance or a simil motor vehicle noise ordinance includes I provisions relating to the use of engine- ! 1'etarding brakes and improperly mutIled t vehicles. The model ordinance also prohibits the intentional use by a trUck driver of an engine-retarding brake, which causes abnonnal or excessive , noise trom the engine because of an illegally modified or detective exhaust system, except in an emergency, on any public highway, street. parking lor or alley within the city" The League:":' model ordinance adopts by rderence the state laws a.nd rules governing motor vehicle noise. A city wismmr to enforce the state noise standards should have access to a sound level meter. The model ordinance also contains standards that can be enforced by a city without the necessity of having a sound meter. By posting signs stating "Vehicle Noise Laws Enforced," dties will give notice to truckers and other drivers th:lr the c-ity will entorC!: the ordin;IO(r'lIld state 1;1\,',,'5, WIllie nut a patcct ,oiutJun to a complex, annoymg problem, tn<=: enacanent of this type of ordinance ,and the placement of the signs should discourage the use of engine-retarding brakes when a truck driver knows their U$Cwwill be unusuaUy noisy. And enforcement of aU of the provisions of the model ordinance will result in the reduction of aU motor vehicle noise in the city as a result of impropedy modified or defective exhaust systems, For mon:: information about the Minnesota Department of Transport.:l- tion policy on dus issue, contact Nuke Weiss at (651) 284-3440 or e-mail mike. weiss@dot.state.mn.us. For a copy of the League's model motor vehicle noise ordinance, caU the League's Research Service at (800) 925-1122 or (651) 281-1200 or visit the League's web site, www.lrnnc.org and follow the "Research Question" link to request a copy. t" Duke Addkks is special counsel 411J codification attorney with the League oj Minnesota Cities. NOV,fMJJ~R 2000 MINNeSOTA CITIES 19 VI-5 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 14, 2004 Maintenance Operators Agreement RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the attached Maintenance Operator's Agreement with Tom Kusant. BACKGROUND At the City Council meeting on October 4, 2004 action was taken accepting the resignation of Facilities Maintenance Operator Tom Kusant, with an effective date of October 15, 2004. This agreement is similar to that which was executed about 10 years ago, under a comparable situation. The key element of the agreement is the operation and maintenance of the boilers. Other HV AC, security system and plumbing system monitoring is included in this agreement. A call back provision has also been included to allow for emergency situations that may develop. The agreement runs through the end of the ar. Tom Kusant has agreed to the provisions included in the document. Maintenance Operators Agreement This is an agreement between the City of Hastings, a Minnesota Municipal Corporation (City) and Tom Kusant (Contractor) IT IS AGREED BY BOTH PARTIES TO THIS AGREEMENT AS FOLLOWS: 1. TERM. The duties, responsibilities and obligations of both parties to this Agreement, shall begin on October 19, 2004 and shall continue until January 1, 2005. This Agreement may be terminated earlier in whole or in part by either party upon giving (30) days advanced written notice. 2. DUTIES. During the term of this Agreement, Contractor agrees to operate, maintain and do all things necessary to keep the boilers in the City Hall and Police Station properly operating and in proper working condition. Contractor also agrees to be responsible for checking and monitoring the plumbing, HV AC and Security System at the City Hall and Police Station, and advisihg the City of necessary maintenance and operational problems. Monday through Friday (including any Holidays), Contractor shall check all boilers, monitor the chemicals being added to the system and check all gauges and charts to be certain the boilers are operating properly; monitor and be certain all plumbing, HVAC and Security Systems are operating properly. Contractor shall check and maintain boilers, plumbing systems, HV AC and Security Systems on the weekend on an as-needed basis. 3. CHEMICALS and OTHER MATERIALS. The City agrees to provide, at its expense, all chemicals and other materials needed for the boilers, plumbing, HVAC and Security System at both the City Hall and Police Station. Contractor agrees to make certain that the proper amounts of chemicals are being added to the boiler systems at City Hall and the Police Station. Contractor agrees to notify the City when the supply of chemicals is getting low, or other materials are needed, so there is no interruption in the boiler operations, plumbing, HVAC and Security Systems at City Hall. 4. COMPENSATION. In return for Contractor performing all duties required in this Agreement, the City agrees to pay contractor $750.00 per month. October 2004 shall be pro-rated to $375.00. For emergency call back work the Contractor shall be compensated $25.00 per hour, with a minimum of two hours. 5. PROPER LICENSE. 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"":. ....OClO .... .... 0 C\I C\i co LO ~~~ .... LO m ~ m CD ....,...~~~ CD LO I'- ..,. a: ~~ ~ ~ ui LI'i 0) d ::. M LO ~ .... CIO .... .... en as ..,. CD CD .... ..,. ~ M ~ ",- ",- ~ ~ MMM aag88C!;"" 0~~~~08 ~........o....~~ "C ~~~g~~~ o 'i: CD a.. ..,...,...,. 000 @@~ ~~~ MMMMM..,.O""O""O 08000000 @~@@@~~~ ~a;~;;~~ii5;::: .... ,... .... ~~ ~a; :tt: ..: 81 ...."'M..,.LOCOI'-CIOm~ >- co a.. Iii ~ C ~ en .J ~ ~ Q) - <U C o .- "tJ Q) - Q) a. E o (.) <U '0 .- CD C) <U c: O(tj Q) a: en en .3 +.: CD c: :J Q) C ~ - <U c: a. 5 en E 5 <( os: "(tj ~ ~ en en Q) ...J Council member CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING THE ELIMINATION OF PARCELS FROM THE DOWNTOWN REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT (TAX INCREMENT FINANCING DISTRICT NO.1) WITHIN THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA). WHEREAS, on December 4, 1974, the City Council of the City of Hastings (the "City") established the Downtown Redevelopment Tax Increment Financing District, also referred to as Tax Increment Financing District No.1, (the "TIF District") within its Hastings Downtown Redevelopment Area (the "Downtown Project Area"); and WHEREAS, the Hastings Housing and Redevelopment Authority (the "HRA") is the administrative authority for the TIF District; and WHEREAS the TIF District, in part, included the following parcel numbers, which were previously certified in the TIF District (the "Parcels"): 19-32150-010-01 19-32150-020-01 19-32150-030-01 19-32150-040-01 19-32150-041-01 19-32150-070-01 19-32150-083-01 19-32150-084-01 19-32150-085-01 ** 19-32150-020-02 19-32150-040-02 19-32150-060-02 19-32150-070-02 19-32150-071-02 19-32150-080-02 19-32150-020-03 19-32150-040-03 19-32150-081-03 19-32150-020-04 19-32150-021-04 19-32150-040-04 19-32150-022-15 19-32150-023-15 19-32150-031-15 19-32150-010-16 19-32150-011-16 19-32150-012-16 ** This parcel was a railroad right-of-way that did not have a PID when the TIF District was created. It has since been assigned the PID listed; and WHEREAS, the City desires by this resolution to cause the elimination of the Parcels from the TIF District thereby reducing the size of the TIF District; and WHEREAS, because the total current net tax \:apacity of the parcels to be eliminated from the TIP District equals or exceeds the net tax capacity of the parcels in the TIF District's original net tax capacity, the holding of a public hearing is not required pursuant to Minnesota Statutes, Section 469.175, Subd. 4: NOW THEREFORE, BE IT RESOLVED by the City as follows: 1. The tax increment financing plan (the "TIF Plan") for the TIF District is hereby modified to remove the Parcels from the TIP District, effective for taxes payable in 2005. 2. Upon approval of a similar resolution by the HRA, staff are authorized and directed to file a copy of this resolution with the County Auditor of Dakota County along with instructions to adjust the records for the TIF District accordingly, and file a copy of the resolution with the Minnesota Commissioner of Revenue. @ The motion for the adoption of the foregong resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: And the following voted against the same: Absent: DATED: October 18,2004 Michael D. Werner, Mayor ATTEST: Melanie Mesko Lee, City Clerk (Seal) c w D: cs: ... U w .., o D: a. Z ~~ . . 0 0'" zZ ...~ uo -IQ D: = ...- !~ aD: ecs: z... -z uw ~:E za. -0 u.... ...w z> wW :Ea WW D:D: CJz !~ =~ ...z ~ o a U) " z - I- U) cC :z: W :z: ... tn ~ C)~ .5 t: ca .....::::s.... tn 0 0 ca () tn _ ::I: ca ~ '0 0 .5 ~~ :E ~ca OC z ~ ~ o o r::: N 0 CI) r-: +- CCI r.... (,) Q) 0 ..c ...J E Q) Q) :t::: c.CJ) Q) CJ) Q) ..... 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MODIFICATION TO THE HASTINGS DOWNTOWN AREA REDEVELOPMENT PLAN FOR THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) and the TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO.4 (a redevelopment district) within THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) HASTINGS HOUSING AND REDEVELOPMENT AUTHORITY CITY OF HASTINGS DAKOTA COUNTY STATE OF MINNESOTA Public Hearing: October 18, 2004 AdOpted: 8 & ASSOCIATES INC Prepared by: EHLERS & ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 651-697-8500 fax: 651-697-8555 www.ehlers-inc.com EHLERS @ TABLE OF CONTENTS (for reference purposes only) SECT/ON / MOD/FICA TION TO THE HASTINGS DOWNTOWN AREA REDEVELOPMENT PLAN FOR THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) . .. . . . . . . . . . . . . . . . .. 1-1 Foreword . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-1 Section 1.4 Statement of Objectives and General Standards of Redevelopment. . .. 1-1 Section 1.5 Boundaries of the Downtown Project Area. ...................... 1-2 Section 1.6 Property Acquisition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 Section 1.7 Estimated Public Redevelopment Costs. . . . . . . . . . . . . . . . . . . . . . . . .. 1-3 EXHIBIT 1-A PARCEL LIST OF HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . .. 1-4 EXHIBIT 1-B MAP OF THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) .. . ....... ........ . .... . .... ..... .. ....... 1-6 SECTION /I TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 .............................2-1 Subsection 2-1. Foreword.............................................. 2-1 Subsection 2-2. Statutory Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-3. Statement of Objectives. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1 Subsection 2-4. Redevelopment Plan Overview ............................. 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired . 2-2 Subsection 2-6. Classification of the District ................................ 2-2 Subsection 2-7. Duration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-4 Subsection 2-8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Value/Increment and Notification of Prior Planned Improvements ............... 2-4 Subsection 2-9. Sources of Revenue/Bonded Indebtedness. . . . . . . . . . . . . . . . . . . . 2-5 Subsection 2-10. Uses of Funds .......................................... 2-6 Subsection 2-11. Fiscal Disparities Election ................................. 2-7 Subsection 2-12. Business Subsidies ...................................... 2-8 Subsection 2-13. County Road Costs ...................................... 2-9 Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions ................ 2-9 Subsection 2-15. Supporting Documentation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-10 Subsection 2-16. Definition of Tax Increment Revenues. . . . . . . . . . . . . . . . . . . . . . . 2-10 Subsection 2-17. Modifications to the District ............................... 2-10 Subsection 2-18. Administrative Expenses ................................. 2-11 Subsection 2-19. Limitation of Increment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-11 Subsection 2-20. Use of Tax Increment. . . . . . . . . . . . . . ;':'. . . . . . . . . . . . . . . . . . . . 2-12 Subsection 2-21. Excess Increments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 2-13 Subsection 2-22. Requirements for Agreements with the Developer. . . . . . . . . . . . . . 2-13 Subsection 2-23. Assessment Agreements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 2-24. Administration of the District. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 2-25. Annual Disclosure Requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-14 Subsection 2-26. Reasonable Expectations ................................ 2-14 Subsection 2-27. Other Limitations on the Use of Tax Increment ................ 2-14 Subsection 2-28. Summary.... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-15 APPENDIX A PROJECT DESCRIPTION ............................................... A-1 APPENDIX B MAP OF THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) AND TAX INCREMENT FINANCING DISTRICT NO.4.. .... ..... B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT. . . . . . . . . . . . . C-1 APPENDIX D ESTIMATED CASH FLOW FOR THE DiSTRiCT..................... .. ... .... D-1 APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E-1 APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DiSTRiCT...... ....... ... .... F-1 APPENDIX G BUT/FOR QUALIFICATIONS ............................................. G-1 APPENDIX H SUPPORTING DOCUMENTATION ........................................ H-1 APPENDIX I PRIOR PLANNED IMPROVEMENTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H-1 MUNICIPAL ACTION TAKEN (This Municipal Action is not part of the Redevelopment Plan and is only for convenience of reference.) Based upon the statutory authority descnoed in the Redevelopment Plan attached hereto, the public purpose findings by the City Council and for the purpose of fulfilling the City's development objectives as set forth in the Redevelopment Plan, the City Council has created, established and designated the Hastings Downtown Redevelopment Area pursuant to and in accordance with the requirements of the Municipal Redevelopment Project Act and the TIP Act as defined in the definitions of this document. Downtown Redevelopment Tax Increment Financing District, a redevelopment tax increment financing district, was established at the same time that the Hastings Downtown Redevelopment Area was established The following numicipal action was taken in connection therewith: The Hastin~s Downtown Redevelopment Area and Downtown Redevelopment Tax Increment Financin~ District (a redevelopment tax increment financin2 district): December 4, 1974: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was adopted by the City Council in and for the City of Hastings. The document is dated December 3, 1974. February 4. 1985: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was modified by the City Council in and for the City of Hastings. The document is dated February 4, 1985. June IS, 1987: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was modified by the City Council in and for the City of Hastings. The document is dated June 15, 1987. October 21, 1996: The Tax Increment Financing Plan for the Downtown Redevelopment Tax Increment Financing District (Tax Increment Financing No. I) was modified by the City Council in and for the City of Hastings. The document is dated October 21, 1996. November 20, 2000: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was modified by the City Council in and for the City of Hastings. A Tax Increment Financing Plan for Tax Increment Financing District No.3 was also adopted. The document is dated November 20, 2000. December 16. 2002: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was modified by the City Council in and for the City of Hastings. A modification to the Tax Increment Financing Plan for the Downtown Redevelopment Tax Increment Financing District (Tax Increment Financing District No.1) was also adopted. The document is dated December 16,2002. October 18, 2004: The Hastings Downtown Area Redevelopment Plan for the Hastings Downtown Redevelopment Area was modified by the City Council in and for the City of Hastings. A Tax Increment Financing Plan for Tax Increment Financing District No.4 was also adopted. The document is dated October 18,2004. SECTION I MODIFICA TION TO THE HASTINGS DOWNTOWN AREA REDEVELOPMENT PLAN FOR THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) Foreword The following text represents a Modification to the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan") for the Hastings Downtown Redevelopment Area (the "Downtown Project Area"). This modification represents a continuation of the goals and objectives set forth in the Redevelopment Plan for the Downtown Project Area. Generally, the substantive changes include modifying the boundaries of the Downtown Project Area as specified in Section 1.5 and the establishment of Tax Increment Financing District No.4. For further information, a review of the Redevelopment Plan for the Downtown Project Area as adopted December, 1974 and modified in 1977, 1985, 1987, 1996,2002, and most recently on October 18,2004, is recommended. It is available from the HRA Director at the Hastings Housing and Redevelopment Authority. Other relevant information is contained in the Tax Increment Financing Plans for the Tax Increment Financing Districts located within the Downtown Project Area. Section 1.4 Statement of Objectives and General Standards of Redevelopment (AS MODIFIED ON OCTOBER 18, 2004) The Hastings Housing and Redevelopment Authority (the "Authority") seeks to achieve one or more of the following objectives with respect to such property within the Downtown Project Area as the Authority may determine and in such circumstances and upon such terms as the Authority may deem appropriate or necessary; (a) Remove structurally substandard buildings for which rehabilitation is not feasible; (b) Acquire and remove economically or functionally obsolete or underutilized buildings; (c) Eliminate blighting influences which impede potential development in the area; (d) Provide redevelopment sites of such size and character to assure development of the area, strengthen the downtown economy and improve sources of public revenue; (e) Preserve and encourage the rehabilitaion and/or expansion of existing buildings that will remain in the area; (t) Provide adequate streets, utilities and other public improvements and facilities to enhance the area for both new and existing development; (g) Provide a maximum opportunity, consistent with soundLneeds 'of the City as a whole, for redevelopment by private enterprise; (h) Provide new housing sites and incentives to.rehabilitate existing housing stock. Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-1 (i) Assure long term viability of the historic downtown area. · Provide uses that complement and support existing businesses. · Provide new uses that draw people to the downtown area via land and river. · Create structures that complement the historic character of downtown. (j) Connect downtown Hastings to the Mississippi river. · Maintain and enhance public access to 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. (k) Enhance downtown as the focus of the community's historic, river-town identity. (I) Enhance stability of adjacent residential neighborhoods. (m) Replace obsolete land uses in the downtown area. Section 1.5 Boundaries of the Downtown Project Area. (AS MODIFIED ON OCTOBER 18, 2004) The boundaries of the Downtown Project Area are being expanded to include 20 more parcels. See the map in Exhibit 1-B for further information. The boundaries of the Downtown Project Area will be expanded to include the following parcels: Parcel Numbers 19-32150-020-28 19-32150-021-28 19-32150-022-28 19-32150-040-28 19-32150-050-28 19-32150-060-28 19-32150-070-28 19-32150-080-28 19-32150-083-28 19-32150-084-28 19-32150-085-28 19-32150-033-29 19-32150-040-29 19-32150-041-29 19-32150-043-29 19-32150-044-29 19-32150-061-29 19-32150-070-29 19-32150-081-29 19-32150-082-29 Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-2 Section 1.6 Property Acquisition (AS MODIFIED ON OCTOBER 18, 2004) The following are additional parcels within the Downtown Project Area that are being identified for acquisition with tax increment from the Downtown Redevelopment Tax Increment Financing District (Tax Increment Financing District No.1) and Tax Increment Financing District No.4: Parcel Numbers 19-32150-020-28 19-32150-021-28 19-32150-022-28 19-32150-040-28 19-32150-050-28 19-32150-060-28 19-32150-070-28 19-32150-080-28 19-32150-083-28 19-32150-084-28 19-32150-085-28 19-32150-033-29 19-32150-040-29 19-32150-041-29 19-32150-043-29 19-32150-044-29 19-32150-061-29 19-32150-070-29 19-32150-081-29 19-32150-082-29 Section 1.7 Estimated Public Redevelopment Costs. (AS MODIFIED ON OCTOBER 18, 2004) This modification authorizes the HRA and City to expend tax increment from the Downtown Redevelopment Tax Increment Financing District (Tax Increment Financing District No.1) and Tax Increment Financing District No.4 for qualified activities identified in the budgets of the TIF Plans. The objectives of this Redevelopment Plan will be accomplished through the following actions: (a) Clearance and redevelopment; (b) Rehabilitation of buildings to remain; (c) Construction of buildings and other improvements; (d) Vacation of rights-of-way; (e) Dedication of new rights-of-way; (1) New installation and/or improvement of streets and alleys; (g) Replacement and improvement of public and private utilities and facilities; (h) Other project improvements; (i) Acquisition of land; and 0) Assembly of suitable redevelopment sites. Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-3 EXHmIT 1-A PARCEL LIST OF HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) Hastings Downtown Redevelopment Area (Downtown Project Area) of the Hastings Housing and Redevelopment Authority consists of the following portions of the City of Hastings, Dakota COlUlty, Minnesota: 19-32150-010-01 19-32150-020-01 19-32150-030-01 19-32150-040-01 19-32150-041-01 19-32150-070-01 19-32150-083-01 19-32150-084-01 19-32150-020-02 19-32150-040-02 19-32150-060-02 19-32150-070-02 19-32150-071-02 19-32150-080-02 19-32150-020-03 19-32150-040-03 19-32150-050-03 19-32150-051-03 19-32150-052-03 19-32150-063-03 19-32150-064-03 19-32150-070-03 19-32150-071-03 19-32150-081-03 19-32150-020-04 19-32150-021-04 19-32150-040-04 19-32150-050-04 19-32150-051-04 19-32150-061-04 19-32150-062-04 19-32150-080-04 19-32150-082-04 19-32150-083-04 19-32150-084-04 19-32150-085-04 19-32150-020-05 19-32150-070-05 19-32150-071-05 19-32150-080-05 Parcel Identification Nmnbers: 19-32150-081-05 19-32150-050-06 19-32150-060-06 19-32150-061-06 19-32150-090-06 19-32150-010-11 19-32150-020-11 19-32150-030-11 19-32150-040-11 19-32150-060-11 19-32150-070-11 19-32150-080-11 19-32150-010-12 19-32150-042-12 19-32150-060-12 19-32150-080-12 19-32150-010-13 19-32150-011-13 19-32150-012-13 19-32150-013-13 19-32150-020-13 19-32150-021-13 19-32150-031-13 19-32150-032-13 19-32150-033-13 19-32150-061-13 19-32150-070-13 19-32150-082-13 19-32150-083-13 19-32150-010-14 19-32150-011-14 19-32150-020-14 19-32150-023-14 19-32150-024-14 19-32150-030-14 19-32150-031-14 19-32150-032-14 19-32150-041-14 19-32150-042-14 19-32150-045-14 19-32150-060-14 19-32150-061-14 19-32150-062-14 19-32150-063-14 19-32150-071-14 19-32150-072-14 19-32150-080-14 19-32150-081-14 19-32150-022-15 19-32150-023-15 19-32150-031-15 19-32150-040-15 19-32150-050-15 19-32150-051-15 19-32150-052-15 19-32150-061-15 19-32150-062-15 19-32150-070-15 19-32150-080-15 19-32150-010-16 19-32150-011-16 19-32150-012-16 19-32150-020-17 19-32150-021-17 19-32150-030-17 19-32150-040-17 19-32150-060-17 19-32150-061-17 19-32150-063-17 19-32150-080-17 19-32150-042-18 19-32150-050-18 19-32150-060-18 19-32150-061-18 19-32150-07.0-18 19-32150-071-18 19-32150-080-18 19-32150-081-18 19-32150-020-19 19-32150-021-19 19-32150-022-19 19-32150-030-19 19-32150-031-19 19-32150-040-19 19-32150-071-19 19-32150-080-19 19-32150-081-19 19-32150-010-20 19-32150-010-21 19-32150-011-21 19-32150-020-21 19-32150-030-21 19-32150-040-21 19-32150-070-21 19-32150-080-21 19-32150-081-21 19-32150-020-22 19-32150-030-22 19-32150-031-22 19-32150-040-22 19-32150-060-22 19-32150-061-22 19-32150-080-22 19-32150-081-22 19-32150-010-32 19-32150-011-32 19-32150-020-32 19-32150-030-32 19-32150-040-32 19-32150-041-32 19-32150-010-30 19-32150-032-29 19-32150-020-29 ASMODIFIED ON OCTOBER 18, 2004 TO INCLUDE: 19-32150-020-28 19-32150-021-28 Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-4 19-32150-022-28 19-32150-040-28 19-32150-050-28 19-32150-060-28 19-32150-070-28 19-32150-080-28 19-32150-083-28 19-32150-084-28 19-32150-085-28 19-32150-033-29 19-32150-040-29 19-32150-041-29 19-32150-043-29 19-32150-044-29 19-32150-061-29 19-32150-070-29 19-32150-081-29 19-32150-082-29 Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-5 EXHIDIT I-B MAP OF THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) Hastings Housing and Redevelopment Authority Modification to the Redevelopment Plan for the Hastings Downtown Redevelopment Area (Downtown Project Area) 1-6 - . c II c I- ,0 1&1 , o II & Z '. ! .'...... ~.-. 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N M. ........ . 1,0 .., SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.4 Subsection 2.1. Foreword The Hastings Housing and Redevelopment Authority (the "HRA"), the City of Hastings (the "City"), staff and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No.4 (the "District"), a redevelopment tax increment financing district, located in the Hastings Downtown Redevelopment Area (the "Downtown Project Area"). Subsection 2.2. Statutory Authority Within the City, there exists areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the HRA and City have certain statutory powers pursuant to Minnesota Statutes ("M.S.'~, Sections 469.001 to 469.047, inclusive, as amended, and M.S., Sections 469.174 to 469.1799, inclusive, as amended (the "Tax Increment Financing Act" or "TIP Act"), to assist in financing public costs related to this project. This section contains the Tax Increment Financing Plan (the "TIP Plan") for Tax Increment Financing District No.4. Other relevant information is contained in the Modification to the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan") for the Downtown Project Area. Subsection 2.3. Statement of Objectives The District currently consists of 27 parcels of land and adjacent and internal rights-of-way. The District is being created to facilitate the redevelopment of the historic downtown area with a multi-phase and multi- use redevelopment. Contracts for this have not been entered into at the time of preparation of this TIP Plan, but the first phase of development is likely to occur in 2005. This TIP Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Downtown Project Area. The activities contemplated in the Modification to the Redevelopment Plan and the TIP Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Downtown Project Area and the District. Subsection 2-4. Redevelopment Plan Overview 1. Property to be Acquired - Selected property located within the District may be acquired by the HRA or City and is further descn'bed in this TIP Plan. 2. Relocation - Relocation services, to the extent required by law, are available pursuant to M.S., Chapter 117 and other relevant state and federal laws. 3. Upon approval of a developer's plan relating to the project arid completion of the necessary legal requirements, the HRA or City may sell to a developer selected properties that it currently owns or may acquire within the District and! or may lease land or facilities to a developer. 4. The HRA or City may perform or provide for some or all necessary acquisition, Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-1 construction, relocation, demolition, and required utilities, public street work, public walkways, and emergency vehicle access routes within the District. Subsection 2.5. Description of Property in the District and Property To Be Acquired The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. See the map in Appendix B for further information on the location of the District. Parcel Nmnbers* 19-32150-020-02 19-32150-040-02 19-32150-060-02 19-32150-070-02 19-32150-071-02 19-32150-080-02 19-32150-020-03 19-32150-040-03 19-32150-081-03 19-32150-010-01 19-32150-020-01 19-32150-030-01 19-32150-040-01 19-32150-041-01 19-32150-070-01 19-32150-083-01 19-32150-084-01 19-32150-085-01 ** * The City will be removing the parcels from the Downtown Redevelopment TIF District (TIP District No.1), a pre-79 District, in order to create the District. ** This parcel was a railroad right-of-way that did not have a PID when the pre-79 District was created It has since been assigned the PID listed The HRA or City may acquire any parcel within the District including interior and adjacent rights of way. Any properties identified for acquisition will be acquired by the HRA or City only in order to accomplish one or more of the following: storm sewer improvements; provide land for needed public streets, utilities and facilities; carry out land acquisition, site improvements, clearance and! or development to accomplish the uses and objectives set forth in this plan. The HRA or City may acquire property by gift, dedication, condenmation or direct purchase from willing sellers in order to achieve the objectives of this TIP Plan. Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. Subsection 2.6. Classification of the District The HRA and City, in detennining the need to create a tax. increment financing district in accordance with M.S., Sections 469.174 to 469.1799, as amended, inclusive, find that the District, to be established, is a redevelopment district pursuant to M.S., Section 469.174, Subd. 10(a)(l) as defined below: (a) "Redevelopment district" means a type of tax increment financing district consisting of a project, or portions of a project, within which the authority finds by resolution that one or more of the following conditions, reasonably distributed throughout the district, exists: (1) parcels consisting of 70 percent of the area in the district are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance; Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-2 (2) The property consists of vacant, unused, underused, inappropriately used, or infrequently used rail yards, rail storage facilities or excessive or vacated railroad rights-ofway; (3) tank facilities, or property whose immediately previous use was for tank facilities, as defined in Section 115 C, Subd. 15, if the tank facility: (i) have or had a capacity of more than one million gallons; (a) are located adjacent to rail facilities; or (iii) have been removed, or are unused, underused, inappropriately used or infrequently used; or (4) a qualifying disaster area, as defined in Subd. lOb. (b) For purposes of this subdivision, "structurally substandard" shall mean containing defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation,fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance. (c) A building is not structurally substandard ifit is in compliance with the building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The municipality may find that a building is not disqualified as structurally substandard under the preceding sentence on the basis of reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs or other similar reliable evidence. The municipality may not make such a determination without an interior inspection of the property, but need not have an independent, expert appraisal prepared of the cost of repair and rehabilitation of the building. An interior inspection of the property is not required, if the municipality finds that (J) the municipality or authority is unable to gain access to the property after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard. (d) A parcel is deemed to be occupied by a structurally substandard building for purposes of the finding under paragraph (a) if all of the following conditions are met: (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the district with the county auditor; (2) the substandard building was demolished or removed by the authority or the demolition or removal was financed by the authority or was. done by a developer under a development agreement with the authority; . (3) the authority found by resolution before the demolition..or removal that the parcel was occupied by a structurally substandard building and that after demolition and clearance the authority intended to include the parcel within a district; and (4) upon filing the request for certification of the tax capacity of the parcel as part of a district, the authority notifies the county auditor that the original tax capacity of the parcel must be Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-3 adjusted as provided by ~ 469.177, subdivision 1, paragraph (f). (e) For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15 percent of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures. (j) For districts consisting of two or more noncontiguous areas, each area must qualify as a redevelopment district under paragraph (a) to be included in the district, and the entire area of the district must satisfy paragraph (a). In meeting the statutory criteria the HRA and City rely on the following facts and findings: o The District is a redevelopment district consisting of 27 parcels. o An inventory shows that parcels consisting of more than 70 percent of the area in the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structuIes. o An inspection of the buildings located within the District finds that more than 50 percent of the buildings are structuIally substandard as defined in the TIP Act. (See Appendix F). Pursuant to M.S., Sections 469.176 Subd. 7, the District does not contain any parcel or part of a parcel that qualified under the provisions of M.S., Sections 273.111 or 273.112 or Chapter 473H for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2.7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1, the duration of the District must be indicated within the TIP Plan. Pursuant to M.S., Section 469.176, Subd. 1b, the duration of the District will be 25 years after receipt of the first increment by the HRA or City (a total of 26 years of tax increment). The date ofreceipt by the City of the first tax increment is expected to be 2007. Thus, it is estimated that the District, including any modifications of the TIP Plan for subsequent phases or other changes, would terminate after 2032, or when the TIP Plan is satisfied If increment is received in 2006, the term of the District will be 2031. The HRA or City reserves the right to decertify the District prior to the legally required date. Subsection 2.8. Original Tax Capacity, Tax Rate and Estimated Captured Net Tax Capacity Valuellncrement and Notification of Prior Planned Improvements Pursuant to M.S., Section 469.174, Subd. 7 andM.S., Section 469.177, Subd.1, the Original Net Tax Capacity (aNTe) as certified for the District will be based on the market values placed on the property by the assessor in 2004 for taxes payable 2005. Pursuant to M.S., Section 469.177, Subds. 1 and 2, the CoUht)i Auditor shall certify in each year (beginning in the payment year 2006) the amount by which the original value has increased or decreased as a result of: 1. Change in tax exempt status of property; 2. Reduction or enlargement of the geographic boundaries of the district; 3. Change due to adjustments, negotiated or court-ordered abatements; 4. Change in the use of the property and classification; 5. Change in state law governing class rates; or 6. Change in previously issued building permits. Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax. Increment Financing District No.4 2-4 In any year in which the cmTent Net Tax Capacity (NTC) value of the District declines below the ONTC, no value will be captured and no tax increment will be payable to the HRA or City. The original local tax rate for the District will be the local tax rate for taxes payable 2005, assuming the request for certification is made before Jwe 30, 2005. The ONTC and the Original Local Tax Rate for the District appear in the table below. Pursuant to M.S., Section 469.174 Subd. 4 and MS., Section 469.177, Subd. 1,2, and 4, the estimated Captured Net Tax Capacity (CTC) of the District, within the Downtown Project Area, upon completion of the project, will annually approximate tax increment revenues as shown in the table below. The HRA and City request 100 percent of the available increase in tax capacity for repayment of its obligations and CmTent expenditures, begimring in the tax year payable 2007. The Project Tax Capacity (PTC) listed is an estimate of values when the project is completed Project Estimated Tax Capacity upon Completion (pTC) Original Estimated Net Tax Capacity (ONTC) Estimated Captured Tax Capacity (CTC) Original Local Tax Rate Estimated Annual Tax Increment(CTC x Local Tax Rate) Percent Retained by the HRA $767,880 $68,934 $698,946 1.07152 Pay 2004 $748,935 100% Pursuant to MS., Section 469.177, Subd. 4, the HRA shall, after a due and diligent search, accompany its request for certification to the Cowty Auditor or its notice of the District enlargement pursuant to M.S., Section 469.175, Subd. 4, with a listing of all properties within the District or area of enlargement for which building permits have been issued during the eighteen (18) months innnediately preceding approval of the TIP Plan by the mmricipality pursuant to M.S., Section 469.175, Subd. 3. The Cowty Auditor shall increase the original net tax capacity of the District by the net tax capacity of improvements for which a building permit was issued The City has reviewed the area to be included in the District has found building permits that were issued in the past 18 months prior to the public hearing. Please see Appendix I for the building permits that were issued. Subsection 2.9. Sources of Revenue/Bonded Indebtedness Public improvement costs, acquisition, relocation, utilities, parking facilities, streets and sidewalks, and site preparation costs and other costs outlined in the Uses ofFwds will be financed primarily through the annual collection of tax increments. The HRA or City reserves the right to use other sources of revenue legally ap- plicable to the HRA or City and the TIP Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income, to pay for the estimated public costs. Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax: Increment Financing District No.4 2-5 The HRA or City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIP Plan. As presently proposed, the project will be financed by a bond issue, pay-as-you-go note, and/or an interfund loan. Additional indebtedness may be required to finance other authorized activities. The total principal amount of bonded indebtedness, including a general obligation (GO) TIP bond, or other indebtedness related to the use of tax increment financing will not exceed $9,000,000 without a modification to the TIP Plan pursuant to applicable statutory requirements. It is estimated that $9,000,000 in interftmd loans, transfers, pay-as-you-go notes, loans and/or bonded debt will be financed with tax increment revenues. This provision does not obligate the HRA or City to incur debt. The HRA or City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. The HRA or City may also finance the activities to be undertaken pursuant to the TIP Plan through loans from ftmds of the HRA or City or to reimburse the developer on a "pay-as-you-go" basis for eligIole costs paid for by a developer . The estimated sources of funds for the District are contained in the table below. PROJECT REVENUES TOTAL $18,717,200 $282,800 $3,000,000 $22,000,000 SOURCES OF FUNDS Tax Increment Interest Land Sales Subsection 2-10. Uses of Funds Currently under consideration for the District is a proposal to facilitate the redevelopment of the downtown area with mixed use development. The HRA and City have determined that it will be necessary to provide assistance to the project for certain costs. The HRA has studied the feasibility of the development or redevelopment of property in and around the District. To facilitate the establishment and development or redevelopment of the District, this TIP Plan authorizes the use of tax increment financing to pay for the cost of certain eligIole expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF FUNDS LandfBuilding Acquisition Site ImprovementslPreparation Public Utilities Parking Facilities Streets and Sidewalks Other Public Improvements Interest Administrative Costs (up to 10%) TOTAL $2,628,280 $2,000,000 $1,000,000 $2,500,000 $1,500,000 $500,000 $10,000,000 $1,871,720 PROJECT COSTS TOTAL $22,000,000 Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-6 The budget on the previous page is organized according to the Office of State Auditor (OSA) reporting foTIIJS. It is estimated that the cost of improvements, including administrative expenses which will be paid or financed with tax increments, will equal $22,000,000 as is presented in the budget above. Estimated costs associated with the District are subject to change among categories without a modification to this TIP Plan. The cost of all activities to be considered for tax increment financing will not exceed, without formal modification, the budget above pursuant to the applicable statutory requirements. Pursuant to M.S., Section 469.1763, Subd. 2, no more than 25 percent ofthe tax increment paid by property within the District will be spent on activities related to development or redevelopment outside of the District but within the boundaries of the Downtown Project Area, (including administrative costs, which are considered to be spent outside of the District) subject to the limitations as descn'bed in this TIP Plan. Subsection 2-11. Fiscal Disparities Election Pursuant to MS., Section 469.177, Subd. 3, the HRA or City may elect one of two methods to calculate fiscal disparities. If the calculations pursuant to MS., Section 469.177, Subd. 3, clause a, (outside the District) are followed, the following method of computation shall apply: (1) The original net tax capacity and the current net tax capacity shall be determined before the application of the fiscal disparity provisions of Chapter 27 6A or 47 3F. Where the original net tax capacity is equal to or greater than the current net tax capacity, there is no captured net tax capacity and no tax increment determination. Where the original net tax capacity is less than the current net tax capacity, the difference between the original net tax capacity and the current net tax capacity is the captured net tax capacity. This amount less any portion thereof which the authority has designated, in its tax increment financing plan, to share with the local taxing districts is the retained captured net tax capacity of the authority. (2) The county auditor shall exclude the retained captured net tax capacity of the authority from the net tax capacity of the local taxing districts in determining local taxing district tax rates. The local tax rates so determined are to be extended against the retained captured net tax capacity of the authority as well as the net tax capacity of the local taxing districts. The tax generated by the extension of the lesser of (A) the local taxing district tax rates or (B) the original local tax rate to the retained captured net tax capacity of the authority is the tax increment of the authority. The HRA will choose to calculate fiscal disparities by clause a. According to MS., Section 469.177, Subd. 3: (c) The method of computation of tax increment applied to a district pursuant to paragraph (a) or (b) shall remain the same for the duration of the district, except that the governing body may elect to change its election from the method of computation zil: paragraph (a) to the method in paragraph (b). Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-7 Subsection 2-12. Business Subsidies Pursuant to MS. Sections 116J.993, Subd. 3, the following forms of financial assistance are not considered a business subsidy: (1) A business subsidy ofless than $25,000; (2) Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of business, size, location, or similar general criteria; (3) Public improvements to buildings or lands owned by the state or local government that serve a public purpose and do not principally benefit a single business or defined group of businesses at the rime the improvements are made; (4) Redevelopment property polluted by contaminants as defined in MS., Section 116J.552, Subd. 3; (5) Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance provided for designated historic preservation districts, provided that the assistance is equal to or less than 50% of the total cost; (6) Assistance to provide job readiness and training services if the sole purpose of the assistance is to provide those services; (7) Assistance for housing; (8) Assistance for pollution control or abatement, including assistance for a tax increment financing hazardous substance subdistrict as defined under M.S., Section 469.174, Subd. 23; (9) Assistance for energy conservation; (10) Tax reductions resulting from conformity with federal tax law; (11) Workers' compensation and unemployment compensation; (12) Benefits derived from regulation; (13) Indirect benefits derived from assistance to educational institutions; (14) Funds from bonds allocated under chapter 474A, bonds issued to refund outstanding bonds, and bonds issued for the benefit of an organization descn'bed in section 501 (c) (3) of the Internal Revenue Code of 1986, as amended through December 31, 1999; (15) Assistance for a collaboration between a Minnesota higher education institution and a business; (16) Assistance for a tax increment financing soils condition district as defined under MS., Section 469.174, Subd. 19; (17) Redevelop1nent when the recipient's investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current year's estimated market value; (18) General changes in tax increment financing law and other general tax law changes of a principally teclmical nature. (19) Federal assistance until the assistance has been repaid to, and reinvested by, the state or local government agency; (20) Funds from dock and wharf bonds issued by a seaway port authority; (21) Business loans and loan guarantees of $75,000 orless; and (22) Federal loan funds provided through the United States Department ofCorrnnerce, Economic Development Administration. The HRA will comply with M.S., Section 116J.993 to 116J.994 to the extent the tax increment assistance under this TIF Plan does not fall under any of the above exemptions. ..... Hastings Housing and Redevelopment Authority Tax: Increment Financing Plan for Tax: Increment Financing District No.4 2-8 Subsection 2-13. County Road Costs Pursuant to M.S., Section 469.175, Subd. 1 a, the county board may require the HRA or City to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county, substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. If the county elects to use increments to improve county roads, it must notify the HRA or City within forty- five days of receipt of this TIP Plan. In the opinion of the HRA and City and consultants, the proposed development outlined in this TIP Plan will have little or no impact upon county roads, therefore the TIP Plan was not forwarded to the county 45 days prior to the public hearing. The HRA and City are aware that the county could claim that tax increment should be used for county roads, even after the public hearing. Subsection 2-14. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIP Plan would occur without the creation of the District. However, the HRA or City has detennined that such development or redevelopment would not occur ''but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the ''but for" test was not met: IMPACT ON TAX BASE Dakota County City of Hastings Hastings ISD No. 200 2003/2004 Total Net Tax Capacity 298,666,431 12,691,742 19,274,361 Estimated Captured Tax Capacity (CTC) Upon Completion 698,946 698,946 698,946 Percent of CTC to Entity Total 0.2340% 5.5071 % 3.6263% IMPACT ON TAX RATES Dakota County City of Hastings Hastings ISD No. 200 Other (Special District) Total 2003/2004 Percent Potential Extension Rates of Total CTC Taxes 0.303000 28.28% 698,946 211,781 0.501100 46.77% 698,946 350,242 0.220500 20.58% 698,946 154,118 0.046920 4.38% 698.946 32.795 1.071520 100.00% ." 748,935 The estimates listed above display the captured tax capacity when all construction is completed The tax rate used for calculations is the actuaI2003/Pay 2004 rate. The total net capacity for the entities listed above are based on actual Pay 2004 figures. The District will be certified under the actua12004/Pay 2005 rates, which were unavailable at the time this TIP Plan was prepared Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-9 Subsection 2-15. Supporting Documentation Pursuant to MS. Section 469.175 Subd 1, clause 7 the TIP Plan must contain identification and description of studies and analyses used to make the determination set forth in MS. Section 469.175 Subd 3, clause (2) and the findings are required in the resolution approving the TIP district. Please see Appendix H for the list of reports and studies on file at the City that support the Authority's findings. Subsection 2-16. Definition of Tax Increment Revenues Pursuant to M.S., Section 469.174, Subd. 25, tax increment revenues derived from a tax increment financing district include all of the following potential revenue sources: 1. Taxes paid by the captured net tax capacity, but excluding any excess taxes, as computed under MS., Section 469.177; 2. The proceeds from the sale or lease of property, tangible or intangIole, purchased by the Authority with tax increments; , 3. Principal and interest received on loans or other advances made by the Authority with tax increments; and 4. Interest or other investment earnings on or from tax increments. Subsection 2-17. Modifications to the District In accordance with M.S., Section 469.175, Subd. 4, any: 1. Reduction or enlargement of the geographic area of the Downtown Project Area or the District, if the reduction does not meet the requirements of MS., Section 469.175, Subd. 4(e); 2. Increase in amount of bonded indebtedness to be incurred; 3. A determination to capitalize interest on debt if that detennination was not a part of the original TIP Plan, or to increase or decrease the amount of interest on the debt to be capitalized; 4. Increase in the portion of the captured net tax capacity to be retained by the HRA or City; 5. Increase in the estimate of the cost of the project, including administrative expenses, that will be paid or financed with tax increment from the District; or 6. Designation of additional property to be acquired by the HRA or City, shall be approved upon the notice and after the discussion, public hearing and findings required for approval of the original TIP Plan. Pursuant to MS. Section 469.175 Subd. 4(f), the geographic area of the District may be reduced, but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a redevelopment district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of MS., Section 469.174, Subd. 10, paragraph (a), clauses (1) to (5), must be documented in writing and retained The requirements of this paragraph do not apply if (1) the only modification is elimination ofparcel(s) from the Downtown Project Area or the District and (2) (A) the current net tax capacity of the parcel(s) eliminated from the-DIstrict equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the HRA agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel( s) eliminated from the District. The HRA or City must notify the County Auditor of any modification that reduces or enlarges the geographic Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-10 area of the Downtown Project Area or the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIP Plan. Subsection 2-18. Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, administrative expenses means all expenditures of the HRA or City, other than: 1. Amounts paid for the purchase of land; 2. Amounts paid to contractors or others providing materials and services, including al'chitectural and engineering services, directly connected with the physical development of the real property in the project; 3. Relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. Amounts used to pay principal or interest on, fimd a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. Amounts used to pay other financial obligations to the extent those obligations were used to finance costs descnl>ed in clauses (1) to (3). For districts for which the request for certification were made before August 1, 1979, or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel, fiscal consultants, and planning or economic development consultants. Pursuant to MS., Section 469.176, Subd. 3, tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total estimated tax increment expenditures authorized by the TIP Plan or the total tax increments, as defined by M.S., Section 469.174, Subd. 25, clause (1), from the District, whichever is less. Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the County's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by F ebruaIy 15 of the year following the yeal' the expenses were incurred Pursuant to MS., Section 469. 177, Subd. 11, the County Treasurer shall deduct an amount (currently .36 percent) of any increment distributed to the HRA or City and the County Treasurer shall pay the amount deducted to the State Treasurer for deposit in the state general fimd to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities' use of tax increment financing. This amount may be adjusted annually by the Commissioner of Revenue. Subsection 2-19. Limitation of Increment Pursuant to M.S., Section 469.176, Subd. la, no tax increment shall be paid to the HRA or City for the District after three (3) years from the date 'of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor unless within the ~ee (3) yeal' period: (1) Bonds have been issued in aid of the project containing the District pursuant to M.S., Section 469.178, or any other law, except revenue bonds issued pursuant to MS., Sections 469.152 to 469.165, or (2) The HRA or City has acquired property within the District, or Hastings Housing and Redevelopment Authority Tax: Increment Financing Plan for Tax: Increment Financing District No.4 2-11 (3) The HRA or City has constructed or caused to be constructed public improvements within the District. The bonds must be issued, or the HRA or City must acquire property or construct or cause public improvements to be constructed by approximately October, 2007 and report such actions to the County Auditor. The tax increment pledged to the payment of bonds and interest thereon may be discharged and the District may be terminated if sufficient fimds have been irrevocably deposited in the debt service fimd or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redemption date. Pursuant to M.S., Section 469.176, Subd. 6: if, after four years from the date of certification of the original net tax capacity of the tax increment financing district pursuant to M.S., Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems, has been commenced on a parcel located within a tax increment financing district by the authority or by the owner of the parcel in accordance with the tax increment financing plan, no additional tax increment may be taken from that parcel and the original net tax capacity of that parcel shall be excluded from the original net tax capacity of the tax increment financing district. If the authority or the owner of the parcel subsequently commences demolition, rehabilitation or renovation or other site preparation on that parcel including qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The county auditor must enforce the provisions of this subdivision. The authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district. The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. For purposes of this subdivision, qualified improvements of a street are limited to (1) construction or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. The HRA or City or a property owner must improve parcels within the District by approximately October, 2008 and report such actions to the County Auditor. Subsection 2-20. Use of Tax Increment The HRA or City hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. To pay the principal of and interest on bonds issued to finance-a:project; 2. To finance, or otherwise pay public redevelopment costs of the Downtown Project Area pursuant to the M.S., Sections 469.001 to 469.047; 3. To pay for project costs as identified in the budget set forth in the TIP Plan; 4. To finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd. 4; 5. To pay principal and interest on any loans, advances or other payments made to or on behalf of the Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax: Increment Financing District No.4 2-12 HRA or City or for the benefit of the Downtown Project Area by a developer; 6. To finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIP Plan or pursuant to M.S., Chapter 462C. MS., Sections 469.152 through 469.165, and/or MS., Sections 469.178; and 7. To accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to MS., Chapter 462C, MS., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohI"bited by MS., Section 469.176, Subd. 4. Tax increments generated in the District will be paid by Dakota County to the HRA for the Tax Increment Fund of said District. The HRA or City will pay to the developer( s) amlUally an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements, demolition and relocation, site preparation, and administration. Remaining increment funds will be used for HRA or City administration (up to 10 percent) and the costs of public improvement activities outside the District. Subsection 2-21. Excess Increments Excess increments, as defined in M.S., Section 469.176, Subd. 2, shall be used only to do one or more of the following: 1. Prepay any outstanding bonds; 2. Discharge the pledge of tax increment for any outstanding bonds; 3. Pay into an escrow account dedicated to the payment of any outstanding bonds; or 4. Return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the HRA or City may, subject to the limitations set forth herein, choose to modify the TIP Plan in order to finance additional public costs in the Downtown Project Area or the District. Subsection 2-22. Requirements for Agreements with the Developer The HRA or City will review any proposal for private development to detennine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the HRA or City to demonstrate the conformance of the development with City plans and ordinances. The HRA or City may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 25 percent, by acreage, of the property to be acquired in the District as set forth in the TIP Plan shall at any time be 'oWned by the HRA or City as a result of acquisition with the proceeds of bonds issued pursuant to MS., Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 25 percent of the acreage, the HRA or City concluded an agreement for the development or redevelopment of the property acquired and which provides recourse for the HRA or City should the development or redevelopment not be completed. Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-13 Subsection 2.23. Assessment Agreements Pursuant to MS., Section 469.177, Subd. 8, the HRA or City may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a mininuUTI market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented to the County Assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimwn market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the County Assessor shall also certify the mininn:nn market value agreement. Subsection 2.24. Administration of the District Administration of the District will be handled by the HRA Director. Subsection 2.25. Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subd. 5, 6, and 6b the HRA or City must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board, County Auditor and School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an annual statement shall be published in a newspaper of general circulation in the City on or before August 15. If the City fails to make a disclosure or submit a report containing the information required by MS., Section 469.175 Subd. 5 and Subd. 6, the OSA will direct the County Auditor to withhold the distnoution of tax increment from the District. Subsection 2.26. Reasonable Expectations As required by the TIP Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maxinunn duration of the District permitted by the TIP Plan. In making said determination, reliance has been placed upon written representation made by the developer to such effects and upon HRA and City staff awareness of the feasibility of developing the project site. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as descnoed above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions) exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2.27. Other Limitations on the Use of Tax Increment ., 1. General Limitations. All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay public redevelopment costs of the Downtown Project Area pursuant to the M.S., Sections 469.001 to 469.047. Tax increments may not be used to circumvent existing levy limit law. No tax increment may be used for the acquisition, construction, renovation, operation, or maintenance of a building to be used primarily and regularly for Hasting~ Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No, 4 2-14 conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government. This provision does not prolulJit the use of revenues derived from tax increments for the construction or renovation of a parking structure. 2. Pooling Limitations. At least 75 percent of tax increments from the District must be expended on activities in the District or to pay bonds, to the extent that the proceeds of the bonds were used to finance activities within said district or to pay, or secure payment of, debt service on credit enhanced bonds. Not more than 25 percent of said tax increments may be expended, through a development fund or otherwise, on activities outside of the District except to pay, or secure payment of, debt service on credit enhanced bonds. For purposes of applying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the District. 3. Five Year Limitation on Commitment of Tax Increments. Tax increments derived from the District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if the five year rule set forth in M.S., Section 469.1763, Subd. 3, has been satisfied; and beginning with the sixth year following certification of the District, 75 percent of said tax increments that remain after expenditures permitted under said five year rule must be used only to pay previously committed expenditures or credit enhanced bonds as more fully set forth in M.S., Section 469.1763, Subd. 5. 4. Redevelopment District. At least 90 percent of the revenues derived from tax increment from a redevelopment district must be used to finance the cost of correcting conditions that allow designation of redevelopment and renewal and renovation districts under M.S., Section 469.176 Subd. 4j. These costs include, but are not limited to, acquiring properties containing structurally substandard buildings or improvements or hazardous substances, pollution, or contaminants, acquiring adjacent parcels necessary to provide a site of sufficient size to permit development, demolition and rehabilitation of structures, clearing of the land, the removal of hazardous substances or remediation necessary for development of the land, and installation of utilities, roads, sidewalks, and parking facilities for the site. The allocated administrative expenses of the HRA or City, including the cost of preparation of the development action response plan, may be included in the qualifying costs. Subsection 2-28. Summary The Hastings HRA is establishing the District to preserve and enhance the tax base, redevelop substandard areas, and provide employment opportunities in the City. The TIF Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113, telephone (651) 697-8500. Hastings Housing and Redevelopment Authority Tax Increment Financing Plan for Tax Increment Financing District No.4 2-15 APPENDIX A PROJECT DESCRIPTION The district currently consists of27 parcels ofland and adjacent and internal rights-of-way. The District is being created to facilitate the redevelopment of the historic downtown area with a multi-phase and multi-use redevelopment. Contracts have not been entered into at the time of preparation of this TIF Plan, but the first phase of development is likely to occur in 2005. This TIF Plan is expected to achieve many of the objectives outlined in the Redevelopment Plan for the Downtown Project Area. Specifically, the TIF Plan anticipates the following development, when ultimately built out. Phase I, to be developed by Sherman Associates begimring in 2005, will include: . A 8,000 sq. foot restaurant and banquet facility along the riverfront . Approximately 50 owner-occupied homes constructed in a stand-alone building and in a vertical mixed use over approximately 6,000 sq. feet of retail/office space. . Public improvements such as streetscaping and walkways, improved utilities, and improved storm water collection. Future phases of development are anticipated to include: . Over 110 units of housing. Some of these units may be stand-alone buildings of either rental or owner-occupied units, and some of the units may be constructed in a vertical mixed use of housing over retail/office. . 115,000 sq. ft. of retail/office/restaurant development primarily located along 2nd Street. · Rehabilitation of existing structures The number of units and square footages are based upon developer proposals and market study analyses known to the HRA and City at this time. The HRA and City and developer(s) will continue to assess development on later phases of the project to determine appropriate and feasible land uses and densities. The TIP Plan is intended to present budgets and development potential as not-to-exceed estimates only. It is possible that the actual development over the next five to ten years may be only 75% or less of the totals presented in the TIF Plan. Much of the development schedule will depend upon factors outside of the HRA and City's control, such as the demand for commercial facilities, availability of land, timely action by developers who own property within the District, and interest rates. The HRA and City are authorized under the TIF Plan to issue various types of debt to enable redevelopment to occur. The actual amount of debt will depend upon future proposals and the need for TIF. Each development budget will be scrutinized by the HRA, staff, and consultants for the demonstrated amount of gap created by eligIole costs of acquisition, demolition, environmental remediation, and site improvements. The activities contemplated in the Modification to the Redevelopment Plan and the TIF Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Downtown Project Area and the District. APPENDIX A-I APPENDIX B MAP OF THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) AND TAX INCREMENT FINANCING DISTRICT NO.4 TAX1NCREMENY'FINANCINGD1STRICTNO.4. THE HASTINGS DOWNTOWN 'REiJl::VELGPMENTAREA ("iDOWNTOWN PRbJEt1AREA"i) .if'~ity()f.fI~sting$ .' Dak~ta County,... .Mirrl1~$iQta. ~~gen" .. ..... .. m............. .. . :- ::.:. :,. ...... r;-a ~., ~.~:. mriilJ:" m........................ ... . .... .... . .. .. "' ... ..... ...... :........... . ......... . a...~................ . . .:. .. ,",....... ," ... . ... ...... . ... ,'..." . . ,". . . . .... . ... ...... . . ... ,.' -, - . .~.........LII............ ...... . .. .................. . ...-.... .............:. ._7.: :- '.. .. . . ,.. .. ..." . :m"':'::"': ..::... .. .'0'" . . .. .. .~ .. . . : iiiio :::.: :: . . .' . . . ... .... . . .. .. . . . . ... .. .. . '. ," . . .. .. ." . .. ".. .... .~............. .' : ",- .....:..... '": . ::" ..... ..:" .'.:.: iii.. .. .. . . .. ..... . . .. . ... '," "," ... . . 5TH.srw :'" ............ . .f!m.:. ... :' .I....~II......:- · ... . . . " ,'" . . . . .,","' .. . ..,. . , ... .. ... .. . ...... . . . .. '. .... ..:. iii:': ..:: .:.:.:. ',:'.'::-: :~...:...... :....-...~.....:: .......:mi .... ...:.... ..... .....:.11 ~... ..:. C>j)~~~~ "'i"~a .,1\/ ~ .t~~:"~~~~:1h~. . .:.e:.'. liii\41i!'J~ ._(~.. ~."t.~ri'tlJII~.~,~ ': t;f W... ....I::i ., ": .. ..,' ... . ..... ...... . s .MapDafe.: Septemb~r7.20(j4 $It~ L()~tiofl APPENDIX B-1 APPENDIX C DESCRIPTION OF PROPERTY TO BE INCLUDED IN THE DISTRICT The District encompasses all property and adjacent rights-of-way and abutting roadways identified by the parcels listed below. Parcel Nmnbers* 19-32150-010-01 19-32150-020-01 19-32150-030-01 19-32150-040-01 19-32150-041-01 19-32150-070-01 19-32150-083-01 19-32150-084-01 19-32150-085-01 ** 19-32150-020-02 19-32150-040-02 19-32150-060-02 19-32150-070-02 19-32150-071-02 19-32150-080-02 19-32150-020-03 19-32150-040-03 19-32150-081-03 19-32150-020-04 19-32150-021-04 19-32150-040-04 19-32150-022-15 19-32150-023-15 19-32150-031-15 19-32150-010-16 19-32150-011-16 19-32150-012-16 * The City will be removing the parcels from the Downtown Redevelopment TIP District (TIP District No.1), a pre-79 District, in order to create the District. This parcel was a railroad right-of-way that did not have a Pill when the pre-79 District was created It has since been assigned the Pill listed ** APPENDIX C-l APPENDIX D ESTIMATED CASH FLOW FOR THE DISTRICT APPENDIX D-l 9/1712004 e EHLERS , A'SOCIAYUI I!'IC Page 1 012 Levee Redevelopment Area C/lY OF HASTINGS Downtown Redevelopment Blocks 1,2,3,4,15, 16 condos~nr' Esela~adeb Restauran~, Retail ~ " ----- ---.>11o\j mI, Ml9:R ~ Dlstric:l Caunty DlstricU Inftatlon Rate. Every _ Years Pay-As-You-Goln1erest Rate: Nota Issued Date (Present Value Date); Local Tax Rate FIscal Disparities Election (A -inside or B outside) Year Dlsbict WlI certified Atsumes Fnt Tax Increment For District Year DiIbict wal Modified Development located In modified area Assumes Arst Tax Increment For Dev Yean of Tax Increment Assumes Last Year of Tax Increment F1eca1 Disparities Retio ..- Disparities Metro Wide Tax Rate Local Tax Rate. Current State Wide Property Tax Rate (Used for total taxes) Marks! Vakle Tax Rate (used lor total taxes) 0.00% 6.0000% NlA 1.07152% -- 2005 2007 NlA NlA 2007 26 2032 0.??oo% 137,1070% 107.1620% 64.1090% 0.2024% Pay 2004 Pay 2004 Pay 2004 Pay 2004 Pay 2004 Pay 2004 Pay 2004 Commerdallndultrtal CIaa Rate FIm 150,000 Over 150,000 R_I Class Rata Residentlat ctau Ra' - Under $500,000 Over $500,000 Pay 2004 1.5%-2.0% 1.50% 2.00% 125% 1.00% 125% Pay 2004 Clasa Rete An-r Use Property Total Class T:~::" -. T:'';::'~ P~'=-"'" s.. NoItI 21 PID Dwnor Block MaricoI Vallla Rate Con........ Resbnnnt l"nlso-Gl0001 ..... 1 114,600 1.5%-2.0% 1.719 2005 Condos 1"]11500410001 ..... 1 10,600 1.00% 106 2005 Condos 19-311>>030.01 HRA 1 107,000 1.00% 1,070 2005 Condos 1,,31ISC1oG40-01 H.... 1 29,500 1.00% 295 2005 Condos 1,.311$0-041.01 """ 1 24,900 1.00% 249 2005 Condos 1,.3115O.Q1O.01 """ 1 3,000 1.00% 30 2005\ RateR 19-3::USG-OU~)1 """ 1 125,400 1.5%-2.0% 1,881 2005 Condos 1,,32ISO-014-01 ...... 1 19.500 1.00% 195 2005 Condos 1,.31lso.o"",,1 HRA 1 6,200 1.00% 62 2005 Condos 19-321so.o2G.o2 """ 2 30,500 1.00% 305 2005 Condos 1,,311s0.040-01 -- 2 220,900 1.00% 2,209 2005 Rete' .1"3215O-06O.Q2 EdlfYaPh_-=- 2 390,700 1.5%-2.0% 7,064 2005 RetaB 1,.31150.070-02 Abdo 2 165,500 1.5%-2.0% 2,560 2005 RateD 1,.31150-01142 ..... 2 152,900 1.5%-2.0% 2,308 2005 Ratel 19-311~ ..... 2 389,900 1.5%-2.0% 7.048 2005 Condoa 19-321SG-020-03 HRA 3 46,900 1.00% 469 2005 Condos 1,.32150-040-03 cay 3 103,600 1.00% 1,036 2005 ReteR 19-32150.011-03 - 3 670,200 1.5%-2.0% 12,654 2005 Retal 1,.32150.0z0.44 P0It47LegiIIn . 263,200 1.5%-2.0% 4,514 2005 RetaU 19-32J50-02I-04 ......- . 1,100 1.5%-2.0% 17 2005 Condos 1"311.50-040-04 HaP . 1,184,100 1.00% 11,841 2005 Apar1menta 1,.31150-012-15 PIIII.1210VFW I. 303,800 125% 3,798 2005 Apar1m_ 19-31150..423-15 .- I. 148,700 125% 1,859 2005 RateR 1""31150.431-1' SIIIIIII/CJIeIorII..." I. 118,200 1.5%-2.0% 1,773 2005 0fIic:e ."321>>410.16 """ IS 42,900 1.5%-2.0% 644 2005 Dftk:e 1"31150-011.16 """ ,. 85,800 1.5%-2.0% 1,287 2005 Ofllce 19-3115O-GIZ.J' """ ,. 129,500 1.5%-2.0% 1,943 2005 Totals 4.889.100 88 934 Nota: 1. Assessed value Is based on developers estimates. 2. Land will be reptatted. Tax capacity rate used in base tax capadty projection \s estimated .according to approximate location 01 new projects. 0IIic0IR ToUI ,-"I Fiscal ~I FI.... _Ido '-"I Fiscal s_ M._ u.. .~ ear::...... T:r.~.... Tax Disparities Property T.... Disparities Property V..... Total Ca Rata Tax Rate Tax Rata T_ T_ T_ T.... Condos 99,600 99,600 0 1.07152 1.37107 0.54109 106,723 0 0 20,159 121,882 RestlPa_ 59,970 59,970 0 1.07152 1.37107 0.54109 84,259. " 0 32,449 6,145 102,853 Retail 18,750 18,750 0 1.07152 1.37107 0.54109 20,091 0 10,145 1,973 32,210 Condoa 50,550 50,550 0 1.07152 1.37107 0.54109 54,165 0 0 10,231 64,397 eteIUR 155,010 155,010 0 1.07152 1.37107 0.54109 166,096 0 83,874 15,763 2&8,734 Condos 130,000 130,000 0 1.07152 1.37107 0.54109 139,298 0 0 26,312 165,&10 Condos 50,000 50,000 0 1.07152 1.37107 0.54109 53,576 0 0 10,120 I3,6H RotaN 9,250 9,250 0 1.07152 1.37107 0.54109 9,912 0 5,005 1,012 16,926 0IIIc0 71,250 71,250 0 1.07152 1.37107 0.54109 76,346 0 38,553 7,286 122,181 Condos 50,000 50,000 0 1.07152 1.37107 0.54109 53,576 0 0 10,120 I3,6H RetaIl 9,250 9,250 0 1.07152 1.37107 0.54109 9,912 0 5,005 1,012 16,926 Apa- 50,000 50,000 0 1.07152 1.37107 0.54109 53,576 0 0 8,096 61,In Rota" 14'50 14250 0 1.07152 1.37107 0.54109 15269 0 7711 1518 24491 TOTAL 717 810 767 810 0 822 799 0 162742 119741 1 126.289 Nota: 1. Tax increment district only captures iI portion 01 the JQcaI taxes. PNparM by Ehler_ Sherman TF Run ....04 911712004 Page 2 of 2 . ~.~.~,~.~,~ CONDOS P uo lOfocl Fllal Caplllred Som noo PERIOD BEGINNING T.. Tex Dlsparlti.. Tex Gross Tax Auditor NetTa PIQOI1I PERIOD ENDING VIS. Mth. Yr. Ca Co ....uctIon Ca Inc:_ 0.36% 10.00% Increment V.lu. VIS. Mth. Yr. 0.0 02-111 2005 68,934 68,934 Present Value D.t. 2.1-115 0 0 0 0 0 08-111 2005 0.0 08-111 2005 68,934 68,934 0 0 0 0 0 0 0 0.0 02-111 2006 0.0 02-111 2006 68.934 68,934 0 0 0 0 0 0 0 0.0 08-111 2006 0.0 08-111 2006 68.934 68,934 0 0 0 0 0 0 0 0.0 02-111 2007 0.0 02-111 2007 68,934 444,580 0 375,646 201,256 (725) (20,053) 180,479 155,682 0.5 08-111 2007 0.5 08-111 2007 68.934 444,580 0 375,646 201,256 (725) (20,053) 180,479 306,830 1.0 02-111 2008 1.0 02-111 2008 68,934 573,130 0 504,196 270,128 (972) (26,916) 242,240 503.794 1.5 08-111 2008 1.5 08-111 2008 68,934 573.130 0 504,196 270,128 (972) (26,916) 242,240 695.OZ0 2.0 OZ-ll1 2009 2.0 02-111 2009 68,934 644,380 0 575,_ 308.301 (1.110) (30.719) 276,472 906,913 2.5 08-111 2009 2.5 08-111 2009 68,934 644,380 0 575,_ 308.301 (1.110) (30.719) 276,472 1,112,834 3.0 OZ-ll1 2010 3.0 OZ-ll1 2010 68,934 767,880 0 698,946 374.467 (1,348) (37,312) 335,807 1,355,229 3.5 08-111 2010 3.5 08-111 2010 68,934 767,880 0 698,946 374,467 (1.348) (37,312) 335,807 1.590.757 4.0 OZ-ll1 2011 4.0 02-111 2011 68,934 767,880 0 698.946 374,467 (1,348) (37,312) 335,807 1.819,426 4.5 08-111 2011 4.5 08-111 2011 68,934 767,880 0 698,946 374,467 (1.348) (37,312) 335,807 2.041.434 5.0 OZ-ll1 2012 5.0 OZ-llI 2012 68,934 767,880 0 698,946 374,467 (1,348) (37.312) 335,807 2.256,976 5.5 08-111 2012 5.5 08-111 2012 68.934 767,880 0 698,946 374,467 (1,348) (37.312) 335,807 2,46&,240 6.0 OZ-llI 2013 6.0 OZ-ll1 2013 68.934 767,880 0 698,946 374,467 (1,348) (37.312) 335,807 2,669,409 6.5 08-111 2013 6.5 08-111 2013 68,934 767,880 0 698,948 374.467 (1,348) (37,312) 335,807 2,866,661 7.0 02-111 2014 7.0 OZ-ll1 2014 68,934 767,880 0 698,946 374.467 (1,348) (37,312) 335,807 3,058,167 7.5 08-111 2014 7.5 08-111 2014 68,934 767,880 0 698,946 374,467 (1.348) (37,312) 335,807 3.244.096 8.0 OZ-ll1 2015 8.0 02-111 2015 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 3.424,809 8.5 08-111 2015 8.5 08-111 2015 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 3,599,8&1 9.0 02-111 2016 9.0 OZ-ll1 2016 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 3,770,015 9.5 08-01 2016 9.5 08-111 2016 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 3,935,210 10.0 02-111 2017 10.0 OZ-ll1 2017 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,095,593 10.5 08-111 2017 10.5 08-111 2017 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,251,305 11.0 OZ-ll1 2018 11.0 02-111 2018 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,402,482 11.5 08-111 2018 11.5 08-111 2018 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,549,256 12.0 OZ-ll1 2019 12.0 OZ-ll1 2019 68,934 767,880 0 698,946 374.467 (1,348) (37,312) 335,807 4,691,755 12.5 08-111 2019 12.5 08-111 2019 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,830,103 13.0 OZ-llI 2020 13.0 02-111 2020 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 4,9&4,421 13.5 08-111 2OZ0 13.5 08-111 2020 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 5,094,828 14.0 02-111 2OZ1 14.0 02-111 2021 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 5,221,436 14.5 08-111 2OZ1 14.5 08-111 2021 68,934 767,880 0 698,946 374.467 (1,348) (37,312) 335,807 5,344,357 15.0 OZ-ll1 2022 15.0 02-111 2022 68,934 767.880 0 698,946 374,467 (1,348) (37,312) 335,807 5,463,697 15.5 08-111 2022 15.5 08-111 2022 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 5,579,581 16.0 02-111 2023 16.0 02-111 2023 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 5,692,051 16.5 08-111 2023 16.5 08-111 2023 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 5,801,265 17.0 OZ-ll1 2OZ4 17.0 02-111 2024 68,934 767,680 0 698,946 374,467 (1,348) (37,312) 335,807 5,907,297 17.5 08-111 2OZ4 17.5 08-111 2024 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,010,241 18.0 02-111 2025 18.0 02-111 2025 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,110,187 18.5 08-111 2025 18.5 08-111 2025 68,934 767,880 0 698.946 374.467 (1,348) (37,312) 335,807 6,207,221 19.0 02-111 2026 19.0 02-111 2026 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 8,301,430 19.5 08-111 2026 19.5 08-111 2026 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,392,894 20.0 02-111 2027 20.0 02-111 2027 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,481,695 20.5 08-111 2027 20.5 08-111 2027 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,587,909 21.0 02-111 2028 21.0 02-111 2028 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,651,612 21.5 08-111 2OZ8 21.5 08-111 2OZ8 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,732,877 22.0 02-111 2029 22.0 02-111 2029 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,811,775 22.5 08-111 2029 22.5 08-111 2029 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,888,375 23.0 02-111 2030 23.0 02-111 2030 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 6,962,744 23.5 08-111 2030 23.5 08-111 2030 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 7,034,947 24.0 OZ-ll1 2031 24.0 02-111 2031 68,934 767,880 0 698,946 374,467 (1,348) (37,312) 335,807 7,105,047 24.5 08-111 2031 24.5 08-111 2031 68,934 767,880 0 698.946 374,467 (1,348) (37,312) 335,807 7,173,105 25.0 02-111 2032 25.0 OZ-llI 2032 68,934 767,880 0 698.946 374,467 (1,348) (37,312) 335,807 7.239.181 25.5 08-111 2032 25.5 08-111 2032 68 934 767 880 0 698 946 374467 1348 37312 335 807 7 303 332 26.0 02-111 2033 Totals 18784 874 87 626 1 871 725 16 845 523 7 03 332 NOTES: 1. atallt Auditor payment Is based upon 1st '\a", pay 20Q.4 actual and tTUly Increase owr tenn of district Z. TiF N'I does not reftect potential reduction in Market Value Homeslead Credit 3. Amount of increment will vary depending upon market value, tax rates, etas. rates, construction SchedUM and k1flation on Mattet Vatoe. 4. Infllltion on tax rates cannot be captured. 6. TlF doel not capture state wide proporty taxes or martl.et value property taxes 6. Fiscal disparity contribution Is made from outside the tax i~ dl8trict. Prepared by Ehler. SMnnan TF Run ....... APPENDIX E MINNESOTA BUSINESS ASSISTANCE FORM (MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT) APPENDIX E-l Please fill in date agreement signed (same as question 21) Minnesota Business Assistance Form . The Minnesota Business Assistance Fonn (MBAF) is used to report each business subsidy and financial assistance agreement signed from AU2ust 1.1999 throu2h December 31.2003 unless goals have been achieved and reported in a MBAF per Minn. Stat. ~1l6J.993 to ~1l6J.995. . The following government agencies must submit a MBAF: 1) any local government/agency that signed a business subsidy agreement since January 1, 1999, or represents a population of more than 2,500; 2) all state government agencies authorized to provide business subsidies. . Ifa local or state government agency that is required to report has not done so by April 1, DEED will mail a warning. If it fails to report by June 1, it may not award any business subsidies until a report has been filed. . Questions? Call (651) 296-0580. Information on where to mail or fax your completed MBAF(s) is on page 4. Section 1 Grantor Information 1. Name of grantor (funding entity) 2. Name of person completing this form 3. Street address 4. City 5. ZIP code 6. County 17. Phone number 8. Fax number 9. E-mail address 10. Please indicate who in your organization should receive the MBAF if different ITom the person in Question 2. Namerritle Phone number Street address City ZIP code 11. Classification of grantor (Mark one. If grantor is entity 12. Has your organization held a public hearing on and created by gov 't agency, please indicate affiliation. For adopted criteria for awarding business subsidies in example, a city EDA would check "City government. '? compliance with Minn. Stat. ~116J.994? (Mark one.) o City government o Yes, in 2004 (attach criteria) DYes, in 2004 but have not yet adopted criteria o County government DYes, prior to 2004 o Regional government If Yes: Hearing Date:_ Year Criteria Submitted: o State government oNo o Other (Please specify.) o Other (please attach explanation.) 13. Has your organization signed any agreements to award a business subsidy or financial assistance ITom August I, 1999 through December 31, 2003 unless goals have been achieved and reported in a previous filed MBAF? (Mark one.) o Yes (Complete the remainder oftheform unless goals have been achieved and o No @oCJ here. go to section 5 on page 4.) reported in a previouslyfiled MBAF per Minn. Stat. $116J.993 and $1 1 6J. 994.) S 2R" tIti ectIon eClplen n ormatIOn 14. Name of business or organization 15. Address where business subsidy or financial assistance receiving subsidy or financial assistance will be used Street address City State ZIP code 16. Does the recipient have a parent corporation? (Mark one.) o Yes (Indicate name and address of parent corparation below. Ifmore than one, indicate ultimate owner.) ONo Name of parent corporation Street address City State ZIP code Minnesota Business Assistance Form (1/14/04) Page 1 of 4 Dept. of Employment & Economic Development 17. Industry of recipient's facility (Mark one.): o Manufacturing o Services o Finance, Insurance, Real Estate o Retail Trade o Wholesale Trade o Construction o Other (please specify) 18. Did the recipient relocate as a result of signing this agreement? (Mark one.) o Yes (Indicate city and state of previous address and reason recipient did not complete this project at that address.) o No (Go to Question 19.) City/State of previous address Reason project not completed at previous address 19. Would the recipient have remained in previous location or relocated elsewhere ifnot awarded this business subsidy or fmancial assistance? (Mark one.) o Remained at previous location o Relocated to different Minnesota location o Relocated outside Minnesota s 3A I ti ectlon .e;reement n ormation 20. Total dollar value of business subsidy or financial 21. Date agreement signed (In addition to the agreement assistance (Please separate value by type in Questions 24 date, indicate any dates the agreement was amended.) and 25.) 22. Benefit date (Indicate the date the recipient will benefit from the business subsidy or financial assistance. For example, indicate the date improvements were finished, equipment was placed into service, or the recipient occupied the property, whichever is earlier.) 23. Does the agreement provide a business subsidy or one of the four types of financial assistance (see Question 25) required to be reported? (Mark one.) o business subsidy o financial assistance 24. If the agreement provided a business subsidy, please 25. If the assistance was one of the four types of financial indicate the type(s) and total dollar value for each type. assistance, please indicate the type(s). o not applicable, agreement provided financial assistance o not applicable, agreement provided a business subsidy o loan (only principal) $ o assistance for property polluted $ o grant (i.e., forgivable loan) $ by contaminants o tax abatement $ o assistance for renovating building $ o TIF or other tax reduction or deferral $ stock or bringing it up to code, and o guarantee of payment $ assistance provided for designated o contribution of property or infrastructure $ historic preservation districts, when o preferential use of governmental facilities $ 50% or less of total cost o land contribution $ o assistance for pollution control or $ o other (Specify subsidy type.) $ abatement o assistance for a TIF soils condition district $ 26. If the assistance included tax increment financing, please 27. Are any other grantors providing a business subsidy or indicate the type ofTIF district? (Mark one.) financial assistance to the same project? (Mark one.) o not applicable, assistance was not in the form ofTIF DYes (Specify each grantor and the value of their assistance below; attach an additional sheet if necessary.) o redevelopment o renewal and renovation ONo o soils condition . . o economic development Grantor(s) and value of the agreement(s): o mined underground space o hazardous substance subdistrict Grantor Value ($) Grantor Value ($) Minnesota Business Assistance Fonn (1/14/04) Page 2 of 4 Dept. of Employment & Economic Development Section 4 Goals and Public Purpose Identified in the A2reement 28. Minn. Stat. ~116J.994 requires that business subsidy and fmancial assistance agreements state a public purpose. Which of the following public purposes were stated in the agreement? (Mark al/ that apply.) o Enhancing economic diversity o Creating high-quality job growth o Job retention o Stabilizing the community o Increasing tax base (cannot be only purpose) o Other (please specify) , 29. Indicate whether the agreement included the following types of goals, and whether the recipient had attained those goals at the time of this report. (Fill in the boxes and attainment daters) for each goal.) A) Specific wage and job goals to be attained within 2 years B) Other job-creation and/or retention goals C) Other wage goals D) Other goals other than wage and job goals Goals established? DYes DNo DYes DNo DYes DNo DYes DNo Target attainment dates (month & year) All goals attained? DYes DNo DYes DNo DYes DNo DYes DNo (please attach descriptions of goals and progress toward attainment ifnot documented in Questions 30 and 31.) 30. For each of the following wage categories, indicate the job creation and/or retention goals stated in the agreement and the average hourly value of any employer-provided health insurance goals for those jobs. (Onlv indicate job creation goals in full-time equivalents if you are unable to separate goals by full- and part-time positions.) Full-time Part-time! FTE (on!! if goals not Hourly Wage Job Seasonalffemp. stated as FTIPT) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance no hourly wage-level goal - - - - $- less than $7.00 - - - - $- $7.00 to $8.99 - - - - $- $9.00 to $10.99 - - - - $- $11.00 to $12.99 - - - - $- $13.00 to $14.99 - - - - $- $15.00 and higher - - - - $- 31. For each of the following wage categories, indicate the number of actual jobs created and/or retained since the benefit date and the actual hourly value of any employer-provided health insurance for those jobs. (Onlv indicate job creation in full-time equivalents if you are unable to separate job creation into full- and part-time positions.) Full-time Part-time! FTE ~ if unable to Hourly Wage Job Seasonalffemp. separate FTIPT) Job Retention Hourly Value of (excluding benefits) Creation Job Creation Job Creation Health Insurance less than $7.00 - - - - $- $7.00 to $8.99 - - - - $- $9.00 to $10.99 - - - - $- $11.00 to $12.99 - - - - $- $13.00 to $14.99 - - - . . - $- $15.00 and higher - - - - $- 32. Has the recipient achieved all goals (see Questions 29, 30 and 31) and fulfilled all obligations stipulated in the agreement? (Mark one.) DYes DNo Minnesota Business Assistance Form (1/14/04) Page 3 of 4 Dept. of Employment & Economic Development Section 5 Recipients Failing to Fulfill Obligations (fJo not complete this section if you completed it on another MBAF submitted to DEED.) 33. During the period January 1, 2003 through December 31, 2003, did your organization have any recipients who failed to report as required by Minn. Stat. ~116J.993 and ~1l6J.994? (Mark one.) DYes (Indicate the name of each recipient failing to report and the value of subsidy or financial assistance awarded to that recipient. Attach additional pages if necessary.) ONo Name of recipient Type of subsidy or assistance (See Questions 24 and 25.) Value of subsidy or assistance 34. Did your organization have any recipients who failed to achieve any goals or fulfill any other obligations under an agreement signed on or after August I, 1999, that were required to be fulfilled by the time of this report? (Mark one.) DYes (Complete the remainder of this section.) o No (Stop here and submitform to DEED.) 35. - 39. Provide the following information for each recipient failing to fulfill goals or any other terms of an agreement that were to be attained by the time of reporting. (Attach additional pages if necessary.) 35. Information on recipient and agreement: Name of recipient in default Type of subsidy or assistance Initial value of subsidy or assistance Street address of recipient City/ZIP code of recipient Outstanding value of subsidy or assistance 36. Reason(s) for default (Mark all that apply.): o recipient ceased operation o recipient relocated to a different community o recipient was unable to fill vacant positions o other (Specify reason.) 37. To date, has the recipient fulfilled its repayment obligation? (Mark one.) DYes o No, recipient has begun to repay the assistance. o No, recipient has not begun to repay the assistance. 38. Has the agreement been amended to extend the recipient's deadline for fulfilling its obligations? (Mark one.) DYes ONo 39. Describe the steps being taken to bring recipient into compliance or recoup the subsidy: Return your completed MBAF(s) by Aoril]. 2004. to: Minnesota Business Assistance Form . Minnesota Department of Employment and Economic b.evelopment - AEO 500 Metro Square, 121 East 1" Place St. Paul, MN 55101-2146 Or fax to: (651) 215-3841 Minnesota Business Assistance Form (1/14/04) Page 4 of 4 Dept. of Employment & Economic Development "\ APPENDIX APPENDIX F REDEVELOPMENT QUALIFICATIONS FOR THE DISTRICT F-l Part 2 Redevelopment Eligibility Assessment Proposed City of Hastings Tax Increment Financing District Hastings, MN August 27,2004 Prepared by: Short Elliott Hendrickson, Inc. (SEH) 3240 East River Road. .... Suite 102 Rochester, MN 55906 SEH No. A-HASTI0501.00 Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 15 City of Hastings City of Hastings Tax Increment Financing District August 27, 2004 PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the City of Hastings, Hastings, Minnesota, to amend our survey and evaluations of the properties within the proposed City of Hastings Tax Increment Financing District that was completed in October of 2002 for the inclusion of 7 additional parcels containing 2 buildings. The proposed district is generally located west of Vermillion Street, south of the Mississippi River and north of Second Street on adjacent to Ramsey Street and Tyler Street. The district also includes three parcels generally located at the southwest comer of Second Street and Tyler Street. The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The original proposed district consists of 24 property parcels, including 3 Right of Way areas (ROW), comprised of the following types of improvements: 9 commercial structures on 9 parcels, 1 residential structure on 1 parcel, 9 parcels with parking improvements, streets, or outbuildings only, and 5 vacant parcels with no improvements. The proposed amended district consists of 9 property parcels, including 3 Right of Way areas (ROW), comprised of the following types of improvements: 2 commercial structures on 2 parcels and 4 vacant parcels with no improvements. EVALUATIONS Of the ten (10) buildings in the original proposed district, only one (1) building was not made available for interior evaluation during the initial assessment. For all other buildings, both interior and exterior areas were available for evaluation. As part of the amendment, we reviewed all building permits issued since the completion of the original report. It is our opinion that none of the improvements listed within the issued building permits have substantially impacted the original building assessment reports or their results. Irtterior and exterior evaluations of two (2) additional buildings were completed as an amendment to the report. Cumulatively, twelve (12) building evaluations were completed. FINDINGS Coverage Test - Nineteen (19) of the twenty-four (24) original properties met the coverage test, resulting in a 87.5% area coverage. Six (6) of the six (6) amended properties met the aforementioned coverage test, resulting in a 100% area coverage. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 16 Cumulatively, twenty-five (25) of the thirty (30) properties met the coverage test, resulting in a 91.7% area coverage overall. This exceeds the 70% area coverage requirement. Condition of Buildings Test - Eighty (80%) percent, or 8 of the 10 original proposed buildings, and one-hundred (100%) percent, or 2 of the 2 amended buildings, were found to be "structurally substandard" when considering code deficiencies and other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of "structurally substandard" as follows). This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." Collectively, eighty-three (83%) percent, or 10 of the 12 buildings, were found to be "structurally substandard". CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for Tax Increment Financing District Funding. SUPPORTING DOCUMENTS ATTACHED Summary report detailing the above findings, including proposed redevelopment area map(s) PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 469.174, Subdivision 10, clause (c) which states: Interior Inspection - ''The municipality may not make such determination [that the building is structurally substandard]. without an interior inspection of the property... " Exterior Inspection and Other Means - "An interior inspection of the property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation - "Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3, clause (1)." Refer to table 'Documentation of ContactslEvaluations' for documentation. . ." Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 17 PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of Hastings sent letters to aU property owners located in the district requesting that an inspection and evaluation be made of their property. Following the letter request, SEH made requests for evaluation appointments with the building owner or building tenants. An interior inspection and evaluation was completed if consented to by the owner or owner's representative. An exterior inspection and evaluation was made of the property where the owner refused interior access to their property. In aU but one case, an exterior and interior inspection and evaluation was completed. SEH conducted assessments between September 12,2002 and October 8, 2002 and on August 9, 2004. In the accompanying detailed data, ownership information is current for the time of the inspections. For the subject buildings, the City of Hastings provided copies of available building permits on record (dating to 1990) for review by SEH. These pennits provide a basic description of type of work completed for each permit and, in some cases, approximate value of work to be completed. Additional building assessor's data collected from public taxpayer information available from Dakota County. Building data from these public records was combined with and reviewed against information gathered in the field. QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test - "parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures. . ." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test - " . . . and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 18 The tenn 'structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Step One: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Step Two: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard if it: "... is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." Based on the above requirements, the substandard determination of a particular building is a two-step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because Step 2 is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the main test of Step 1. Furthennore, deficiencies included in Step 1 mayor may not include specific code deficiencies as listed in Step 2. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying Step 1; conversely, it is certainly possible that identified hazards or other deficiencies which could be included in Step 1 do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. Step 1 is more subjective, whereas Step 2 is an objective test. Step 1 deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in Step 2. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Step 1, the following code requirements are defined in tenns that go beyond the technical requirements of the code and demonstrate their relevance in terms of" . . . deficiencies in essential utilities. arid facilities, light and ventilation, etc. " Note: The original building assessments were conducted using the United Building Code, while the amended assessments were conducted using the International Building Code. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 19 Uniform Building Code (UBC) & International Building Code (mC): The purpose of the UBC and mc is to provide minimum standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures (UBC 101.2 and mc 101.3). A deficiency in the building code (insufficient number of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard 'life or limb. . .and public welfare'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code, Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. The ADA is a federal anti-discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities". Minnesota Food Code, Chapter 4626: This chapter is enforced by the Minnesota Department of Health and is similar to the UBC in that it provides minimum standards to safeguard public health in areas of public/commercial food preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities". National Electric Code (NEC): The purpose of the NEC is the practical safeguarding of persons and property from hazards arising from the use of electricity. The NEC contains provisions that are considered necessary for safety (NEC 90-1 (a) and (b)). A deficiency in the electric code (insufficient electrical service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric cod~js considered a deficiency in "essential utilities and facilities". Uniform Mechanical Code (UMC): The purpose of the UMC is to provide minimum standards to safeguard life or limb, health, property and public welfare Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 20 by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, and other appliances (UMC 102). The UMC sets specific requirements for building ventilation, exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the 'health. . . and public welfare' of a building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light and ventilation". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under Step 2 on the basis of "reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH obtained information in a GIS (Geographic Information Systems) database format from Dakota County to obtain individual parcel information. The GIS database contained graphic information (parcel shapes) and other related parcel information. This information was used by SEH for the purposes of this assessment. The total square foot area of each property parcel was calculated from the GIS parcel information and general site verification. The total extent of site improvements on each property parcel was digitized from recent aerial photography (Spring, 2000). The total square footage of site improvements was then digitally measured and confinn.ed by general site verification. The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Impervious Surfaces map and Percent Improved by Parcel map. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 21 The total area of all qualifying property parcels was compared to the total area of the district to determine if the 70% requirement was met. The area occupied by public rights- of-way was included in the coverage test calculations. All but one of the public rights-of- way is improved with street improvements. Condition of Building Test Replacement Cost - the cost of constructing a new structure of the same size and type on site: R. S. Means Square Foot Costs (2002) was used as the industry standard for base cost calculations. R. S. Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a "national average" for materials and labor prices for all types of building construction. The base costs derived from R. S. Means were reviewed, and modified if applicable, against our professional judgment and experience. A base cost was calculated by first establishing building type, building construction type, and construction quality level (residential construction) to obtain the appropriate Means cost per square foot. This cost was multiplied times the building square footage to obtain the total replacement cost for an individual building. Additionally, to account for regionalllocal pricing, a cost factor was added to the total cost according to R.S. Means tables. Using R. S. Means, consideration is made for building occupancy, building size, and construction type; therefore, the cost per square foot used to construct a new structure will vary accordingly. Building Deficiencies: Step 1 (Systems Condition Deficiencies) - determining the combination of defects or deficiencies of sufficient total significance to justify substantial renovation or clearance. On-Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Systems Condition Deficiencies mayor may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Systems Condition Deficiencies. Deficiencies were combined and summarized for each building in order to determine their total significance. Building Deficiencies: Step 2 (Code Deficiencies) - determining technical conditions that are not in compliance with current building code applicable to new buildings and the cost to correct the deficiencies: Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 22 On-Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted. On-site evaluations were completed using a standard checklist format. The standard checklist was derived from several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers, Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): · Building accessibility - Minnesota Accessibility Code · Building egress, building construction - Uniform Building Code · Fire protection systems - Uniform Building Code · Food service - Minnesota Food Code · BV AC (heating, ventilating, and air conditioning) - Uniform Mechanical Code · Electrical systems - National Electric Code and Minnesota Energy Code · Energy code compliance - Minnesota Energy Code Energy code compliance is relevant in determining Step 2 (Code Deficiencies) because its criteria affect the design of integral parts of a majority of a building's systems. The intent of these criteria is to provide a means for assuring building durability, and permitting energy efficient operation (7676.0100). The energy code addresses general building construction (all forms of energy transmission in an exterior building envelope - walls, roofs, doors and windows, etc.) and energy usage by lighting and mechanical systems. A deficiency in the energy code (inadequate insulation, non-insulated window systems, improper air infiltration protection, etc.) reduces energy efficient operation and adversely affects building system durability; therefore, a deficiency in the energy code is considered to contribute to a condition requiring substantial renovation or clearance. Office evaluations - Following theon-site evaluation, each building was then reviewed, based on on-site data, age of construction, building usage and occupancy, square footage, and known improvements (from building permit data or physical observation), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost - Costs to correct identified deficiencies were determined by using R. S. Means Cost Data and our professional judgement and experience. In general, where several items of varying quality were available for selection to Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 23 correct a deficiency, an item of average cost was used, as appropriate for typical commercial or residential applications. Actual construction costs are affected by many factors (bidding climate, size of project, etc.). Due to the nature of this assessment, we were only able to generalize the scope of work for each correction; that is to say that detailed plans, quantities, and qualities of materials were not possible to be known. Our approach to this matter was to determine a preliminary cost projection suitable to the level of detail that is known. This process was similar to our typical approach for a cost projection that may be given to an owner during a schematic design stage of a project. Costs to correct deficiencies were computed for each building and compared to the building replacement cost to detennine if the 15% requirement was met. The total number of buildings determined to be "structurally substandard" by satisfying both Step 1 and Step 2 in this manner was compared to the total number of buildings in the district to determine if the 50% requirement was met. Reports on Structurally Substandard Buildings and Individual Building Summary Reports are available for review at the offices of SEH, City of Hastings, and Bradley & Deike, Edina, Minnesota. Technical Conditions Resources - the following list represents the current building codes applicable to new buildings used in the Building Deficiency review: 1998 Minnesota State Building Code 1997 Uniform Building Code MN 1341 - Minnesota Accessibility Code, Chapter 1341 (1999) Minnesota Energy Code, Chapter 7670 1996 National Electric Code 1991 Uniform Mechanical Code 2000 International Building Code PROJECT TEAM: Ron Seymour, Project Manager Dan Cornejo, Senior Planner Leon Grothe, AlA, Project Architect Ryan Louwagie, Graduate Engineer Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 24 APPENDIX G BUTIFOR QUALIFICATIONS BUT/FOR ANALYSIS Current Market Value - Est. Retail New Market Value - Est. 4,889 100 Difference 54,274,900 Present Value of Tax Increment 7,303 332 Difference 46,971,568 Value Likelv to Occur Without Tax Increment is Less Than: 46,971,568 Without tax increment financing, the core of downtown Hastings is expected to remain much as it has for decades. Occasional new construction of buildings on vacant sites or to replace substandard buildings may occur without TIF. However, several factors make development without city coordination and tax increment assistance unlikely. These factors include: · Bedrock that sits inches below the surface of the soil. The bedrock makes lIDdergrOlmd parking cost prolnbitive, and site constraints limit surface parking. The lack of parking limits commercial and housing development. · Environmental contamination of sites. · The proximity to the site of a heavily used railroad and high voltage power lines. · Multiple ownership of small parcels that make assembling a site for redevelopment difficult. · The age of the public infrastructure in the area. Any development will require the city to install new water mains, and reconstruct streets and storm sewer that are in need of replacement and cannot support more intensive use. The developer was asked for and provided a preliminary sources and use statement as justification that the developer would not have gone forward without tax increment assistance. The actual amolIDt of tax increment assistance will be determined for each project after the costs of public improvements are known and the developer provides a detailed project proforma. No development of similar size and scope and economic impact is expected to occur in the near term. The TIF Plan Budget for downtown Hastings includes increases to the tax base which could total almost ten times the current market value. Without the use of TIF, the increase to the tax base would likely be less than 2 to 5 times current market value. No specific evidence can either dispute or prove the validity of the future tax base increases absent TIF except to turn to history of the downtown area. Blighted and obsolete buildings have sat vacant or underutilized for well over 15 years. Development has been limited to the improvement of historic structures to the west of the site. TIF itself will not cause redevelopment to occur. Redevelopment will result from public involvement to assemble small and oddly shaped parcels into developable sites. In addition, public coordination will be required to ensure that the public improvements are coordinated thioughout the redevelopment area to maximize the economic and aesthetic impact of redevelopment. The City of Hastings has experienced many failed attempts at redevelopment in the downtown area, and what development has occurred has been less intense that proposed in the TIF Plan. APPENDIX G-l ~ o o ~ ~ .. 0""" 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 00 0 0 0 0 0 0 0 0 0 00 0 0 0 cia 0 " &=J- 0 0 0 0 &=J- &=J- 0 O&=J- 0 0 0 00 0 0 0 O. 0 0 0 0 0 0 0 0 0 Q) 0 .0 0 .0 0 O. .0 0 0 0 cD III ~ ::> ~ '" " 0 " ~ Ii) " Ii) <D1i) ; U. N ~ O. '" &=J- N N '" ~ " ~ &=J- ER- ER- ER- ER- ICi i= ~ ...... &=J- &=J- &=J- 0 0 0 0 0 0 0 0 0 &=J- &=J- &=J- 0 1/1 ~ " 0 0 I:: 0 0 :J 0 0 U. &=J- &=J- - 'iij I:: . I!! I- " Q) u. 0 0 0 0 0 0 0 III 0 0 0 0 0 0 0 " 0 0 0 0 0 0 0 Q) 0 0 0 0 0 0 0 8 q 0 0 0 0 0 0 e 0 .0 0 0 0 0 .0 <D Ii) 0 0 0 0 ..... a. 0> 0 0 Ii) 0 <'!. 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(Q cu I:: r3 '" - :g .5 ~ :g ~ 1/1$ Ig 1/1 W I:: i5. - E Q) Q) Q) en I:: (Q Q) ~ 1/1 I!! It:: a:: a. Q) ~~ 1/1 :g E 1/1 ::> I:: :g W :g 1/1 ~ ~ ::> III 0 J9 ~ ::J - (Q ..J ,2 .2 (Q 0 'iij '0 B C/) ;;;,C/) " a. Q) .r:: :5 ~ ~ " ~ " " S E Q) ... ~ j E I:: :a :a iii I:: I:: I:: " -Q) ~ .c 0 0 :J :J Q) 0 0 Q) I!! 1/1 ij: :Q:> :J :t:: ::J 0 j.; is I:: ~ :5 - (j (j a. a. n:: n:: (j (j n:: I- 0 N C/)I- a. C/) I- - c Q) E 0. o ~ Q) 'C Q) Ik: - c e '1: ~ i2 III CI C :;::I III IU ::r:: III Q) III ::> 'C c IU Q) I::! ::J o en '\ CITY OF HASTINGS 101 4th Street East. Hastings, MN 55033-1955 651-437-4127 · Fax: 651-437-7082 September 21, 2004 TO: Pam Mattila, Dakota County FROM: John Grossman, Hastings HRA Director RE: Proposed Redevelopment in Tax Increment District No. 4 The City of Hastings is..proposing to establish Tax Increment District No. 4 to facilitate the major redevelopment projects in the downtown. The HRA and City's goals for the redevelopment are to preserve and revitalize the historic downtown in the face of commercial competition along Highways 61 and 55. The HRA and CitY realize that the downtown needs to be repositioned in the mark~tplace to survive economically and preserve its historic charact~r. A planning study completed in 2003 suggests that the best way to accomplish the HRA and City's goals is through redevelopment with a mix of housing and commercial uses. A market study completed in the spring of 2004 suggests that a restaurant/banquet facility will successfully bring people downtown from the rest of Hastings and the fTwin Cities. ..~.. This redevelopment area runs along Second Street east and north of the historic district and west of the railroad tracks. Historically, this area of downtown has been used by businesses needing access to the railroad, such as a grain elevator and mill, a tannery, bulk oil facility and garages. As the economy shifted, these businesses were no longer compatible with a historic commercial and residential neighborhood. When relocated, they left behind contaminated soils and blighted, obsolete buildings. The parcels near the railway are small, oddly shaped and crisscrossed with rail and utility easements. ., The HRA and City realized they would need to acquire and assemble land to make to redevelopment in the riverfront area possible. Since 1984 the HRA has invested approximately $1.5 million of tax increment from district No.1 in acquisition, clearance and environmental remediation inside the area of the proposed new tax increment district No.4. By 2001 the HRA and City had assembled approximately 3..% city blocks along the railroad and the river and marketed it to the development community. , - Hastings ;n the Mississippi j r The site is still challenging because of remaining environmental issues, Shoreland restrictions, the railroad, the high voltage power lines that run through the site, and bedrock that lies inches below the soil. New construction will require replacing and expanding City utility capacity. The watermains are 100 years old. Utility costs are high beGause of bedrock excavation. These costs could not be funded by TIF district No.1 which will be decertified in 2006. The response from developers was mixed and limited. One developer proposed a large hotel complex. The development did not prove to be economically or market feasible, even with tax increment assistance requested by the developer. Other developers proposed building riverfront condominiums of the choicest lots. Such .development would have left the redevelopment area fragmented and would not have achieved the community goals of bringing visitors downtown and improving public access to and enjoyment of the Mississippi River. The City and HRA concluded that they needed to proactively guide redevelopment and work with an experienced develope~ to plan and construct a coordinated, phased development on the whole riverfront redevelopment area. In 2003, the City andHRA solicited competitive proposals from developers and selected Shel'II\an Associates. Mter significant planning work, including several ope~houses and public meetings, Sherman has proposed a master framewotk for development for the redevelopment area. The master framework coordinates the redevelopment throughout the area, and includes: ..' Q Utility improvements including water, stormwater treatment and burying overhead lines. Q Access improvements including street and walk replacement and construction. Q Design continuity of new building facades with historic buildings. Q Possible relocation of Excel substation on the riverfront - study has started. The first phase of development will be on Block 1 (bordered by the railroad on the east, Tyler on the west and Second Street on the south). As proposed, Phase I will include: Q An 8,000 - 10,000 square foot restaurant/banquet facility on the river with public parking Q A four story condominium building with underground parking to the south of the restaurant. The building will contain approximately 28 owner occupied units. No affordability subsidies are attached to the units. '\ } [J Approximately 6,0000 square feet of retail space along Second . Street below two stories of condominiums (approximately 22 units). These condominiums are relatively affordable and are expected to sell between $150,00- $225,000. They do not have any affordability subsidies connected to the units. _ [J . Coordinated public improvements surrounding the phase I. Subsequent phases of the development are expected to be mixed use, including housing, retail, other restaurants, and office space. Development will meet Hastings' design guidelines to preserve the historic character of the downtown. We expect development of future phases to occur over the next five years. The 2003 downtown master plan and the 2000 City comprehensive Plan both recommended multi-family housing in the downtown neighborhood for its convenience to retail, services and varied transportation options. The proposed housing will be next door to the Red Rock Commuter Corridor, if and when transit J:>etween Hastings and the Twin Cities is authorized. Current market~conditions support multi-family owner occupied housing. Rental housing will be reconsidered if the market improves in the next few years. . IT you have any questions aqout the proposed redevelopment, please call me at 651-480-2347 or Jessica Cook at 651-697-8546. .".<; APPENDIX H SUPPORTING DOCUMENTATION The following is a list of reports and studies on file at the City that support the Authority's findings: 1. Planning Analysis and Redevelopment EligIoility Assessment for proposed Tax Increment District, 2004, by SEH 2. Hotel-restaurant Market Study for Downtown Hastings, 2004 by GV A Marquette Advisors 3. Heart of Hastings Mixed Use Development Request for Proposals, 2003, by City and HRA of Hastings 4. Improving on the Original, a Master Plan for downtown area, 2003, by the City and HRA of Hastings and Hoisington Koegler Group Development Pattern Infrastructure Opportunities Transportation Market Forces Visions Land uses Initiatives 5. Design Guidelines for Original Hastings, 2003, by the City and HRA of Hastings, Hoisington Koegler Group and Claybaugh Architecture 6. Station Urban Design Issues, Red Rock Cormmter Rail, 2003, by CALA, U ofM. 7. Downtown Parking Study, 2002, by SRF Consulting Group, Inc. 8. Hastings Comprehensive Plan, 2000, by City of Hastings Chap. 1. Land Use Chap. 2. Housing Chap. 3. Historic Preservation Chap. 4. Mississippi Corridor Chap. 5. Parks and Trails 9. Masters and O'Connor Properties: Phase I Environmental Site Assessment, 1995, by American Engineering Testing 10. Master and O'Connor Properties: Phase II Investigation, 1995, by B.A. Leisch Associates, Inc. _.-. 11. Master and O'Cormor Properties: Remedial Action Plan and Report, 1996, by B.A. Leisch Associates, Inc. 12. Local Oil Company: Phase I Enviromnental Site Assessment, 1995, by Terracon Enviromnental APPENDIX H-l 13. Local Oil Company: Phase II Investigation, 1996, by Terracon 14. Local Oil company: Remedial Action Plan and Report, 1996, by Terracon. APPENDIX H-2 APPENDIX I PRIOR PLANNED IMPROVEMENTS APPENDIX 1-1 City of Hastings 101 East 4th Street Hastings,Minnesota 55033 (651) 480;.2342 Fax (651) 437-7082 ..---- l i-~ / Printed:' 6/23/2004 n...p.. ...-", Fees and Receipts: FEE2004-3223 Fire Sprinkler Permit FEE2004-3224 Surcharge Total Fees: $100.00 $0.50 $100..50 [Fire Sprinkler Permit FS2004-13 RCPT2004-923 Total Receipts: $100.50 $1,00..50 PERMISSION IS HEREBY GRANTED I To cany out the work specffled In this pennft on the following descrtbed property. Uporl uI? 4 J D . express condition that said persons and their agents, employees and workmen, In such . JIJN ~ q ~ work done, shall confonn In. all respects to the provisions of the Minnesota State Building, 'D04 Code and local ordinances. This penn It may be revoked at any time upon the violation of any of the provisions of said code. Applicant Summit Fire Protection Co. 7301 Apollo ,Court Lino Lakes, Mn 55014 651-251-1880 Owner Contractors Type: Fire Suppression Summit Fire Protection Co. 7301 Apollo Court 651-251-1880 Parcel Parcel Number: . PARC2001-2998 Address: 221 2nd St E Addition: Block: Legal Description: E 21 ft of Lot 7 S/k 3 & all of Zoning: 5 Hastings, MN 55033 Lot(s): A Certificate of Occupancy must be requested and Issued prior to use or occupancy. This permit shall expire and be n ull and void if the work authorized by the building permit is not commenced within 60 days of the date of issuance of it work is abandoned or suspended for a period of 120 days. Term of the permit is 12 months from date of issuance. A v iolation of a provision of this Code is a misdemeanor (Minnesota Statues, Section 16B.69.) [~~. BUILDING OFFICIAL I AUTHORIZED AGENT ~p--L; AA~~_j~J~ /". / . ''-''' ""........ . ~- . .......\.10 \\~f ~~\ City of Hastings . 101 East 4th Street ". (.. Hastings, Minnesota 55033 (651) 480-2342 Fax (651) 437-7082 Printed: 8/9/2004 Fees and Receipts: FEE2002-4138 Window Replacement-(total r FEE2002-4139 Surcharge Total Fee~: $50.00 $0.50 $5G.50 I Building Permit RCPT2002-1268 BP2002-664 Total Receipts: $50.50 $5G.50 PERMISSION IS HEREBY GRANTED To carry out the work specified in this permit on the following described property. Upon the express condition that said persons and their agents, employees and workmen, in such work done, shall conform in all respects to the provisions of the Minnesota State Building Code and local ordinances. This permit may be revoked at any time upon the violation of any of the provisions of said code. Applicant Regal Designers Remodelers, Inc. 255 E. Roselawn Ave. #49 Maplewood, MN 55117 651-487-8920 Owner Thorn Smith 312 Hastings, MN 55033 651-437-1122 Contractors Type: General-Residential Only Regal Designers Remodelers, Inc. 255 E. Roselawn Ave. #49 651-487-8920 Parcel Parcel NUl11ber: PARC2001-3887 Address: 312 E. 2nd Street Addition: Block: Legal Description: Zoning: Lot(s): A Certificate of Occupancy must be requested and Issued prior to use or occupancy. This permit shall expire and be n ull and void if the work authorized by the building permit is not commenced within 60 days of the date of issuance of it work is abandoned or suspended for a period of 120 days. Term of the permit is 12 months from date of issuance. A v iolation of a provision of this Code is a misdemeanor (Minnesota Statues, Section 16B.69.) BUILDING OFFICIAL I AUTHORIZED AGENT ,./ .-:- I-p,\Jur, , \(At' Printed: 9/3/2003 City pf Hastings 101 East 4th Street . Hastings, Minnesota 55033 (651) 480-2342 Fax (651) 437-7082 ......- ................ Fees and Receipts: FEE2003-6158 Reroofing (Commercial) FEE2003-6159 . Surcharge Total Fees: $100.00 $0.50 $100.50 I Building Permit .BP2003~805 J 'PERMISSION IS HEREBY GRANTED " F:J..<:\ I To cany out the work specified in thi$ penn it on the following described property. Upon'. 0 Sfp the express condition that said persons and their agents, employees and workmen, in such 081003 work done, shall conform in all respects to the provisions of the Minn~sota State Building '. Code and local ordinances. This pennit may be revoked at any time upon the violation of any of the provisions of said code. Applicant Imperial Roof Systems Co. 203 Armour Street West Union; fA 52175 563-422-6001 Owner Robert & Patricia Gahnz 314 E 2nd Street Hastings, MN 55033 Contractors Type: Commercial Building Contrac1 Imperial Roof Systems Co. 203 Armour Street 563-422-6001 I I I ! r !. Parcel Parcel Number: PARC2001-3667 Address: 314 E. 2nd Street Addition: Block: Legal Description: Zoning: Lot(s): .. A Certificate of Occupancy must be requested and Issued prior to use or occupancy. This permit shall expire and be lJull and void if the work authorized by the building permit is not commenced within 60 days of the date of issuance of it work is abandoned or suspended for a period of 120 days. Term of the permit is 12 months from date of issuance. A violation of a provision of this Code is a misdemeanor (Minnesota Statues, Section 16B.69.) I' ".. ' /I~ . {J~ J-cr:;~ fI.".1 :;L::,;;;t~ BUILDING OFFICIAL I AUTHORIZED AGENT .... 1... . ", . Description Structure Use: Purpose: Construction Value: Floor Areas living Space: Basement/Storage: Garage: Decks: Porches: Other: Total Area: Structure Area: Commercial Window Replacement $3,300.00 Start Date: End Date: Impervious Surfaces House: Garage: Driveways: PorchlWalk: Other: Total: Site Area: Percentage of Site: A Certificate of Occupancy must be requested and Issued prior to use or occupancy. This permit shall expire and be n ulI and void if the work authorized by the building permit is not commenced within 60 days of the date of issuance of it work is abandoned or suspended for a period of 120 days. Term of the permit is 12 months from date of issuance. A v iolation of a provision of this Code is a misdemeanor (Minnesota Statues, Section 16B.69.) BUILDING OFFICIAL I AUTHORIZED AGENT Planning Analysis and Redevelopment Eligibility Assessment Proposed Tax Increment Financing District Downtown Redevelopment Project Area Hastings, Minnesota Executive Summary September 1, 2004 Prepared by: Short Elliott Hendrickson Inc. (SEH) 3240 East River Road Suite 102 Rochester, MN 55906 SEH No. A-HASTI0501.00 @ Table of Contents Page Report 3 Part 1: Planning Analysis 15 Part 2: Redevelopment Eligibility Assessment Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 2 Part 1 Planning Analysis Proposed Tax Increment Financing District Downtown Redevelopment Project Area Hastings, Minnesota September 1, 2004 Prepared by: Dan Cornejo Director of Community Planning Services Short Elliott Hendrickson Inc. (SEH) Butler Square Building, Suite 710C 100 North 6th Street . Minneapolis, MN 55403.L. SEH No. A-HASTI0501.00 Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 3 Purpose of Report The purpose of this report is to provide a summary of the planning analysis of the Downtown Redevelopment Area / Proposed Tax Increment District in Hastings, Minnesota. This report is organized as follows: 1. Site Description and Context 2. Proposed Heart of Hastings Mixed Use Development 3. Relevant Goals and Objectives of City Plans 4. Planning and Redevelopment Issues and Concerns 5. Planning and Redevelopment Opportunities 6. Conclusions 1. Site Description and Context The Downtown Redevelopment Project Area, including the proposed Tax Increment Financing (TIF) District, comprises nearly 21 city blocks, or portions thereof, located roughly between the Mississippi River on the north, the Canadian Pacific (CP) railroad tracks on the east, 5th Street West on the south, and Spring Street on the west. This area is guided by C-3 zoning. The proposed TIF District contains two areas, one that comprises an L-shaped area in the north and east portions of the Redevelopment Project Area. The Levee area has been created from two areas known as the Levee Area and the Depot Area. This area is just to the north and east of the East 2nd Street' Historic District, located generally east of Vermillion Street, south of the Mississippi River, and north of 2nd Street, and west of the railroad line. The proposed District also includes the Depot area, three parcels generally located at the southwest corner of 2nd Street and Tyler Street. The Levee Area The Levee Area consists of 3 city blocks that are oriented to 2nd Street (historic Main Street) and/or the Mississippi River. The Levee redevelopment area is adjacent to a National Register Historic District, but not within it. This redevelopment area contains roughly 4.9 acres of potentially developable land. The north half of Block 4 is oriented to the Mississippi River and is bounded by Highway 61 BridgeNermillion Street and Sibley Street, Character Lane and Levee Park. The westernmost portion, approximately two-thirds of the block, is owned by Xcel Energy. This site is occupied by an electrical substation and a small utility storage building, with office space. The easternmost portion of this block is owned by the American Legion. . Their club facility occupies the building on the site. The north half of Block 3 is also oriented to the Mississippi Rivet and is bounded by Sibley and Ramsey Streets, Character Lane, and Levee Park. This area is owned by the City and the HRA. This site is currently used for public parking, in a paved lot containing roughly 85 stalls. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings. Minnesota 4 Block 2 is bounded by Ramsey and Tyler Streets, 2nd Street, and Levee Park. The City owns what is roughly the NE quarter of this block, with the remainder owned by four different parties. The north half of Block 2 contains a brick house, an out-building, and some stone ruins (all under one private owner). The site does not have official historic designation. The house has some architectural character, although its structural integrity is in question. First Street is unimproved and extends along the north perimeter of the block and currently provides river-view parking. The south half of Block 2 contains three privately held properties; two are currently housing active businesses. The buildings appear to be structurally sound. Block 1 is bounded by Tyler Street and the railroad line, 2nd Street, and 1 sl Street. The City owns the full block. The north half of Block 1 is vacant. The south half of Block I is a paved public parking lot containing 65 spaces. It appears that the bulk of this parking accommodates employee and customer parking for businesses on Block 2. The Depot Area The Depot Area consists of roughly 1.8 acres and is slightly less than a full city block. The block is located between Tyler Street and the railroad line, 2nd Street, and 3rd Street. The site is owned by the Hastings HRA, which has removed all of the structures from the site. The unimproved gravel surface is available for free parking and is the site for a seasonal farmers' market. Balance of Downtown Redevelopment Proiect Area The north edge of the Redevelopment Project Area is occupied by the three-acre Riverfront Levee Park. In addition to grass and other soft/green landscaping features, amenities include a pedestrian and bicycle path running east-west along the length of the park, picnic tables and benches, decorative lighting, an observation dock, and a monument to the Veterans of Wars. South of the Riverfront Levee Park lies the mixed-use downtown district, and area that reflects the original town site planning of a 300-foot street grid with mid-block alleys. This site plan pattern is further continued in the traditional building pattern of historic retail storefronts and on- street parking. This downtown core contains a significant amount of retail, service, and office uses on the ground level and some multi-family residential units in upper stories of older buildings. The Hastings main post office is at the southeast comer of 2nd Street and Sibley Street. Two industrial uses remain in the downtown, Hudson Sprayer, to the west of the bridge and UBC, east of Tyler. At the southern fringe of downtown, nearer 5th Street, and the west of Eddy Street, lie residential uses and buildings, with some large parking lots, as well, serving the commercial structures along Vermillion Street / Highway 61. The southern edge of this redevelopment area touches the perimeter of the midtown commercial district that straddles Vermillion Street / Highway 61. In the extreme southwest comer of this area is a full city block park, Wilson Park. The Hastings City Hall complex is located at Vermillion and Sibley Streets and 3rd and 4th Streets. At the eastern edge, between 2nd and 3rd Streets, lies the Railroad Depot, still used by CP Rail. See map on following page. See also the photographs in Attachment I. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 5 Modification of Downtown Project Area Legend I . I .r-E!-DJ-~ ! -___DI tlllr; U @ ...., · '-~ r4"'fl' Ijil w~, n~DL1WJUJJ ~ T ~ 0 m ~ rn Map Date: August 27.2004 ~Mm .. EGD~ · ~m~~I~-1 I 2ga~~~ G[] II! __.. ___ <:) Dowfttc*'ft ProjectAru ; . , \1 Tlf' M Bound..,., o - Added to ProjtotA... Buldtnp; Site Location 2. Proposed Heart of Hastings Mixed Use Development In 2003, the City of Hastings selected Sherman Associates as developer for the downtown redevelopment sites (including a third area named the 4th Street Site). While the City is currently in the preliminary development agreement phase, concept plans have been prepared. The Design Vision/Project Development Worksheet in their proposal includes the following Guiding Principles/Development Program: . Renew and enliven downtown through an inside out (main street) -outside in (river) holistic process. Enhance existing fabric (loveliest existing/intact Main Street in the state) through renovation and infill. Create gateways to downtown district. Strengthen street network public realm access to the riverfront. Expand and build on river esplanade as major public realm connector/destination/recreational amenity. Provide essential convenient parking for existing and new development. Allow for future downtown district parking. Allow for future transit connections; transit plaza/park. . . . . . . . Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 6 . Create opportunities for small local and new businesses within mixed-use architecture (retail on the ground floor of apartment buildings). . Provide new high quality ownership dwellings on Blocks 1 and 3 (three buildings, approximately 90 units, three/four stories and underground parking, and approximately 6,000 sq. ft. of commercial space). . Provide restaurantlbanquet facility at north end of Block 1. . Eight owner-occupied townhomes; one duplex in a renovated building. . Provide interim surface District ParkinglProgram space at Depot Block; allow for future District Parking/Linear mixed-use/transit. The owner of Block 2 properties has also proposed quality ownership dwellings (two buildings, approximately 80 units, three stories and underground parking, and office/retail spaces). 3. Relevant Goals and Objectives of City Plans Hastin!!s Housin!! and Redevelopment Authority Goals The goals for Hastings' Downtown Riverfront Redevelopment are to: 1. Assure the long-term viability of the historic downtown area in the following ways: · Provide use that complement and support existing 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. . 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 the stability of adjacent residential neighborhoods. 5. Replace obsolete land uses in the downtown area. Further, in the June 30, 2003 Request for Proposals for these sites, the Hastings HRA indicated that the intent of the redevelopment' was to increase the intensity of commercial activity in downtown Hastings, and enhance access to and enjoyment of t4e. Mississippi River. Therefore, some retail uses along the main street were strongly encouraged. Since three parcels are currently used as free public parking lots, replacement parking was desired. And, as some of the existing structures have historic character, rehabilitation was viewed as a positive feature of redevelopment proposals. Also, in July, 2004 the City Council decided to study the feasibility of relocating the Xcel Energy substation. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 7 Hastin!!s 2020 Comorehensive Plan (February. 2000) The following chapters of the Comprehensive Plan contain clear policy direction for the properties located within the Redevelopment Area and the proposed TIF District: Land Use, Housing, Mississippi River Corridor Area, and Watershed Management Plan, and Heritage Preservation. Chapter 1: Land Use The Issues and Opportunities section of this key chapter notes that the proximity of the Urban Reserve in northern Dakota County and southern Washington County to Hastings requires that consideration be given to the potential for increased pressures for development. Also, the passage of the Livable Communities Act in 1995 in response to fulfilling regional housing and service needs requires participating communities to provide opportunities for life-cycle housing and affordable housing. Additionally, the level of available services within Hastings allows the City to accommodate a portion of future regional growth. The Plan points out that the ability of Hastings to introduce new planning techniques and innovative design approaches as part of community and neighborhood developments is limited in the older portion of the City because of the lack of large undeveloped parcels and historic characteristics of existing development. Nevertheless, this section goes on to say, "Redevelopment opportunities in the downtown may allow for new 'mixed use' developments that are designed to reflect a historic appearance." The Metropolitan Council forecasts quite dramatic growth for Hastings between 1998 and 2020. Population is expected to increase by 61 %; households by 65%; and employment by 16%. As a result, Hastings will become much closer to the Twin Cities urban area, and the function of the City will continue to change from a freestanding center surrounded by agricultural uses to one with suburban type service demands. It is important, the Plan points out, for the City to plan strategies that will preserve the small town qualities that presently exist in the City. The Plan notes that the pattern and type of land uses help define the image of the City. Hastings image has been shaped by the presence of the Mississippi River and the historic downtown on the riverbank. It goes on to say that "the City needs to ensure that the proper balance of housing, retail services, and employment opportunities are provided that reinforce the development pattern and image that the City desires." The Plan says that there is a need to continue to encourage housing styles and densities that afford existing and future residents lifecycle housing opportunities within the community. Also, it is expected that additional residential development will occur as Hastings accommodates its share of regional growth. See also the Housing chapter discussion below. There is specific reference to Downtown Redevelopment in the Land Use chapter. The preservation of the urban design pattern in new developmenf" and redevelopment should be maintained, the Plan indicates, to retain the viability of the downtown. It is important to continue the mixture of first level retail with upper level residential units in the downtown core surrounded by multiple family residences, the Plan states, as a transition to the existing single family Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 8 neighborhoods. Amongst the specific issues listed that relate to the substantial level of investment in downtown: . The need to support the historic character of the downtown and surrounding neighborhood as part of redevelopment, refurbishment, and new development activities. . Development and implementation of the Market Square Plan (a mixed use and potential transit station/parking area development) for the property located west of the old depot at the northeast comer of Tyler Street and 3rd Street. . . The development of the Levee Park Master Plan incorporating the riverfront park and trail improvements from the Lock to Dam No.2. . Potential to meet Livable Communities Act goals and maintain affordable housing in the downtown area. With respect to urban design/landscaping. the Plan states that aesthetically pleasing and well designed developments need to be encouraged in the newly developing areas and older areas of the community as the City nears full development. Focusing on the downtown, the Plan states that the downtown design and architectural guidelines should continue to be followed to guide infill development within neighborhoods. There are eight Overall Land Use Goals. Of these eight, there are three that relate most directly to the creation of this new TIF District in the downtown: Land Use Goal 1: Maintain and support existing and future land uses that reflect the "small town" values in community development and redevelopment activities, while providing a high level of services to Hastings residents. Land Use Goal 2: Provide a balance between a variety of housing type and value for all types of individuals and families that currently reside or desire to live in Hastings. Land Use Goal 6: Promote urban design and landscape standards that enhance and preserve the City's character. Chapter 2: Housing The overall Housing Goal for Hastings is that "Hastings will maintain a balanced supply of housing available for people at all income levels and a full range of housing types that meet varying life-cycle needs of community residents." The Housing Policies contain the following directioris that pertain directly to this proposed TIF District: - . ... . Hastings will encourage infill development In existing residential areas and the downtown. . Hastings will continue to emphasize convenient linkages between housing and other land uses in the community. including employment centers. In order to be a balanced Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 9 sustainable community, efforts will be made to link all housing and employment centers by roadways, trails, and transit facilities. . In addition to commercial and public functions, the City will continue to emphasize downtown as a residential environment. Downtown provides a range of housing choices that are unavailable in other parts of the community. Higher density housing also strengthens the commercial viability of the core downtown. The Housing Implementation Strategies have a focus on Infill and Redevelopment Areas. With respect to the downtown, the Plan states that "(these) sites are appropriate for housing within walking distance of downtown and a future transit hub. Also, in terms of Life Cycle Housing. the Plan states that "The City of Hastings must playa role in providing housing in the community." To implement this policy direction, the Plan identifies several strategies, among them (1) Aggressively pursue redevelopment projects near the downtown area to provide future opportunities for higher density housing within close proximity to the core of downtown. specifically for development of affordable family housing and senior housing, and (2) Work with private land owners and developers who propose redevelopment projects near the downtown area that mix uses and provide alternative housing options such as housing over commercial. And lastly, with respect to Sustainability. the Plan points to a strategy of exploring mixed-use development projects for infill redevelopment near the downtown area. Chapter 3: Heritage Preservation The City of Hastings has long realized that the original town plat and the large collection of historic buildings that remain today not only give testament to the community's strategic location and role in the area's economy, but also that these assets contribute to the city's current economy in many ways. and greatly enhance the community's sustainability and overall quality of life. according to Heritage Preservation chapter of the Comprehensive Plan. The goals and policies direct that "historic preservation shall be integrated into all relevant aspects of comprehensive planning in Hastings, including land use, zoning, and housing." In terms of implementing this direction, the Plan states that "the City shall encourage the cooperation and participation of individuals and groups in the interest of heritage preservation, in particular the rehabilitation of historic structures, the maintenance of the character of neighborhoods. . . ." There are policy statements that call for supporting historic preservation with tools and techniques such as neighborhood conservation area zoning and the provision of economic incentives for preservation. such as grants and loans. Also, it is official City policy that the original boundaries of the Town of Hastings (and its early additions) shall be the focus of efforts to conserve the traditional character of historic Hastings. Chapter 4: Mississippi River Corridor Area Plan Amongst the Hastings Mississippi National River and Recreation Area (MNRRA) Plan Goals are the following: Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 10 . To provide for the continuation and the development of a variety of urban and rural land uses in the Mississippi River Corridor. . To promote the scenic. environmental. recreationaL economic. cultural. and historic resources and functions of the Mississippi River Corridor in a balanced manner. . To provide adequate public access (views, trails, boat access, etc.) to and along the river. . To encourage private sector involvement and interest in the Corridor in a manner that complies with the policies of this plan, MNRRA standards, and sustainable development practices. Chapter 8: Hastings Surface Water Management Plan Amongst the initiatives to protect water quality of the Mississippi River (as well as the Vermillion River, Lake Rebecca, Lake Isabelle, and other water resources) are the following two: . The City's storm water management ordinance requires water quality treatment for all new developments, through construction of wet detention or extended detention (dual purpose) ponds. When redevelopment occurs, the City will look for opportunities to provide water quality treatment. . In the older parts of town, the land is highly developed and there are few opportunities to provide standard water quality treatment measures. The City (should) identify new storm water treatment facilities that can be placed in streets as part of road construction. Improvine: on the Orie:inal: A Plan for the Heart of Hastine:s (June. 2003) This Plan was undertaken to coalesce and communicate a common vision for the future of Original Hastings as well as guide both public and private investments in the neighborhood. The goal of the Plan "is to arrange the building blocks of (downtown Hastings) in inspired and innovative ways that guide Original Hastings to a great future." It is a policy and implementation document that is focused on preparing for opportunities, directing public investments and ensuring that property reinvestments are accomplished in ways that not only benefit the investor but also contribute to the urban fabric of the neighborhood. This Plan's Guiding Principles, in support of a vision that embraces Hastings' rivertown history, include embracing public/private redevelopment partnerships. preparing for the time when downtown Hastings will be home to a commuter rail transit hub. embracing a variety of housing types. and making incremental infrastructure investments at the beginning of the resource chain. Le., using a package of smaller steps to lessen the environmental impacts of development. This Plan recommends that the Core Downtown Multi-Use District should continue to be viewed as primarily a retail district. It goes on to state, however, aHdwance for other uses. such as residential. office. and services are not only historically appropriate but also enhance the vitality and economic vitality of the downtown core. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 11 In terms of recreational systems, the Plan calls for interlinking recreational components so that they act as one unified system, including elements targeting visitors, e.g. the River Flats, the Levee Park, and the interpretive route along the river. With regard to transportation systems and platting, the Plan recommends that the existing street. alley and sidewalk grid (i.e.. 300-foot blocks) be preserved. Also, the Plan calls for implementation of all initiatives that make the downtown a very unique multi-modal transit hub. 4. Planning and Redevelopment Issues and Concerns With the preparation of the Improving on the Original: A Plan for the Heart of Hastings, hard on the heels of the approval of the Hastings Comprehensive Plan, the Hastings community made a bold statement to itself and to potential investors that: . The historic downtown is in need of a repositioning to better sustain the success to date and to ensure that it can respond to competing venues, both commercial and residential in nature. . There is a recognition that, in a redevelopment climate and practice that usually seeks to assemble and consolidate sites for single-story stores set back from the street by a large parking lot, there is a need to re-assert the wisdom and attractiveness of small blocks, alleys, and multi-story mixed-use development with underground or structured parking, with ground floor retail and services. . There is a growing customer base and home-buyer market for traditional neighborhoods and historic downtowns. . Public amenities such as the Mississippi River frontage, public walkways, farmers' markets, and streetscapelpark enhancements are highly desired. . Infrastructure (utilities, storm water management, roads, alleys, sidewalks) investments, especially those involving reconstruction and upgrading of existing facilities, are better carried out and financed as part of public-private initiatives that are linked to private investments in development of privately-owned lands and buildings. 5. Planning and Redevelopment Opportunities There are several planning and redevelopment opportunities and benefits afforded by the proposed redevelopment scheme / tax increment district in terms of (l) land use, property site design and layout of buildings, (2) parking and traffic circulation, (3) public realm, streetscape, and open space, and (4) storm water drainage, as follows: 1. Land Use, Property Site Design, and Layout of Buildings . The development of over 150 new residential units would provide significant progress towards achieving diversity and lifecycle housing goals. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 12 . The development of these units as part of multi-story buildings with complementary retail and services on the ground floor would strengthen the downtown customer base. . Facilitate the development of rental housing on Blocks 4 and 16. . Use a portion of TlF proceeds to provide increased financial incentives for housing restoration/rehabilitation in the larger redevelopment area. . Relocate the V.F.W. operation, and explore the future redevelopment of that property for mixed use (retail and services on ground floor and housing above) development as link to proposed Red Rock Commuter Rail transit hub. . Retain, rehabilitate, and reuse several of the older buildings within the tax increment district. . Use TlF funds to provide incentives for developer use of complementary building materials, to improve the transition from the historic district and the new infill development, thereby promoting a "stream of history" and evolutionary feel to the downtown, in concert with the thrust of the Improving on the Original Plan. . Redevelop the UBC lumberyard property for mixed use / transit-supportive development. . Acquire, relocate, and reuse the Xcel Energy substation property, as well as the American Legion property, for mixed use redevelopment. . Rehabilitate and adaptively reuse the Post Office building for either specialty retail, or possibly education, event center or entertainment uses that would take special advantage of its unique architectural character, to add to the diversity of downtown. . Retain and enhance the alley corridors, small blocks, and grid layout of the proposed TIF area to provide a multitude of pedestrian circulation options. 2. Parking and Traffic Circulation . Block 16 could be developed with structured parking, with a retail component, to support the proposed Red Rock Commuter Rail transit hub; this parking could also serve as overflow (evening and weekends) parking for the proposed riverfront restaurant. . A portion of this site could also be used for covered parking, with a pavilion/shed covering, so that it could be used on weekends for a seasonal farmers' market. . Portions of the current surface public parking lots could be recreated as part of the proposed redevelopments. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 13 . Redesign the Vermillion Street intersections at 3n1 and 4th Streets to enhance pedestrian safety and amenity. 3. Public Realm, Streetscape, and Open Space . Create a park and/or plaza for the Red Rock Commuter Rail transit hub area. . Create a major entrance to the Esplanade, the Levee, and Riverfront on Ramsey Street. . Carry out further Esplanade improvements such as public restrooms. . Upgrade Ramsey Street between 2nd Street and Levee Park as a public commons area, for possible use as a seasonal farmers' market site. 4. Utilities and Storm water Drainage . Upgrade all utilities in the alleys and the 1 st Street right-of-way. . Carry out storm water treatment on an area-wide basis. . Reconstruct sewer and water lines as necessary. . Invest in utility relocation as needed, and in putting electrical wires underground. . Facilitate the development of rainwater gardens as part of site planning for new redevelopment. 6. Conclusions Downtown Hastings functions not only as a business district, but also as a community marketplace. However, resident, business, institutional, and governmental leadership in Hastings has recognized that renewed investment is needed. The Hastings community must capitalize on the value that people are placing on the diversity of choice and on social and cultural opportunities provided by attractive mixed-use environments. The unique historic and quality design characteristics found in downtown Hastings provide an attractive and stable foundation on which to build. The creation of a new TIF District within the larger Downtown Redevelopment Project Area will facilitate the transformation of several marginally contributing areas, in terms of economic vitality, into vibrant new complementary uses, buildings, and spaces. Renewal, reuse, connection, and animation are the elements of a successful revitalization strategy. All of these elements will be enhanced by the market-sensitive redevelopment proposed for the TIF District and by the public investments made through the use of the TIF .proceeds in the TIF District and within the larger Downtown Redevelopment Project Area. The Heart of Hastings Mixed Use Redevelopment proposal exhibits a contextual, place-sensitive urban design that will provide significant benefits to the near-term and future health, welfare, and tax base of the Hastings community. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 14 Part 2 Redevelopment Eligibility Assessment Proposed City of Hastings Tax Increment Financing District Hastings, MN August 27,2004 Prepared by: Short EUiott Hendrickson, Inc. (SEH) 3240 East River Road Suite 102 Rochester, MN 55906 SEH No. A-HASTI0501.00 Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 15 City of Hastings City of Hastings Tax Increment Financing District August 27, 2004 PURPOSE Short Elliott Hendrickson, Inc. (SEH) was hired by the City of Hastings, Hastings, Minnesota, to amend our survey and evaluations of the properties within the proposed City of Hastings Tax Increment Financing District that was completed in October of2002 for the inclusion of 7 additional parcels containing 2 buildings. The proposed district is generally located west of Vermillion Street, south of the Mississippi River and north of Second Street on adjacent to Ramsey Street and Tyler Street. The district also includes three parcels generally located at the southwest comer of Second Street and Tyler Street. The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The original proposed district consists of24 property parcels, including 3 Right of Way areas (ROW), comprised ofthe following types of improvements: 9 commercial structures on 9 parcels, 1 residential structure on 1 parcel, 9 parcels with parking improvements, streets, or outbuildings only, and 5 vacant parcels with no improvements. The proposed amended district consists of7 property parcels, including 2 Right of Way areas (ROW), comprised of the following types of improvements: 2 commercial structures on 2 parcels and 5 vacant parcels with no improvements. EVALUATIONS Of the ten (10) buildings in the original proposed district, only one (1) building was not made available for interior evaluation during the initial assessment. For all other buildings, both interior and exterior areas were available for evaluation. As part of the amendment, we reviewed all building permits issued since the completion of the original report. It is our opinion that none of the improvements listed within the issued building permits have substantially impacted the original building assessment reports or their results. Interior and exterior evaluations of two (2) additional buildings were completed as an amendment to the report. Cumulatively, twelve (12) building evaluations were completed. FINDINGS Coverage Test - Nineteen (19) of the twenty-four (24) original properties met the coverage test, resulting in a 94% area coverage. Two (2) of the two (2) amended properties met the aforementioned coverage test, resulting in a 96% area coverage. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 16 Cumulatively, twenty-one (21) of the twenty-six (26) properties met the coverage test, resulting in a 94% area coverage overall. This exceeds the 70% area coverage requirement. Condition of Buildings Test - Eighty (80%) percent, or 8 of the 10 original proposed buildings, and one-hundred (100%) percent, or 2 of the 2 amended buildings, were found to be "structurally substandard" when considering code deficiencies and other deficiencies of sufficient total significance to justifY substantial renovation or clearance (see definition of "structurally substandard" as follows). This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." Collectively, eighty-three (83%) percent, or 10 of the 12 buildings, were found to be "structurally substandard". CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion qualify the district eligible under the statutory criteria and formulas for Tax Increment Financing District Funding. SUPPORTING DOCUMENTS ATTACHED Summary report detailing the above findings, including proposed redevelopment area map(s) PROCEDURAL REQUIREMENTS The properties were surveyed and evaluated in accordance with the following requirements under Minnesota Statute Section 469.174, Subdivision 10, clause (c) which states: Interior Inspection - "The municipality may not make such determination [that the building is structurally substandard] without an interior inspection of the property.. . " Exterior Inspection and Other Means - "An interior inspection ofthe property is not required, if the municipality finds that (1) the municipality or authority is unable to gain access to the property; and after using its best efforts to obtain permission from the party that owns or controls the property; and (2) the evidence otherwise supports a reasonable conclusion that the building is structurally substandard." Documentation - "Written documentation of the building findings and reasons why an interior inspection was not conducted must be made and retained under section 469.175, subdivision 3, clause (1)." Refer to table 'Documentation ofContactslEvaluations' for documentation. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 17 PROCEDURES FOLLOWED TO MEET REQUIREMENTS The City of Hastings sent letters to all property owners located in the district requesting that an inspection and evaluation be made of their property. Following the letter request, SEH made requests for evaluation appointments with the building owner or building tenants. An interior inspection and evaluation was completed if consented to by the owner or owner's representative. An exterior inspection and evaluation was made of the property where the owner refused interior access to their property. In all but one case, an exterior and interior inspection and evaluation was completed. SEH conducted assessments between September 12,2002 and October 8,2002 and on August 9, 2004. In the accompanying detailed data, ownership information is current for the time of the inspections. For the subject buildings, the City of Hastings provided copies of available building permits on record (dating to 1990) for review by SEH. These permits provide a basic description of type of work completed for each permit and, in some cases, approximate value of work to be completed. Additional building assessor's data collected from public taxpayer information available from Dakota County. Building data :trom these public records was combined with and reviewed against information gathered in the field. QUALIFICATION REQUIREMENTS The properties were surveyed and evaluated to ascertain whether the qualification tests for tax increment eligibility for a redevelopment district, required under the following Minnesota Statutes, could be met. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test - ''parcels consisting of70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures . . ." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test -" . . . and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 18 The term 'structurally substandard', as used in the preceding paragraph, is defined by a two-step test: Step One: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Step Two: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard ifit: "... is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost ofless than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." Based on the above requirements, the substandard determination of a particular building is a two-step process; therefore, the findings of each step are independent of each other and both steps must be satisfied in order for a building to be found structurally substandard. It is not sufficient to conclude that a building is structurally substandard solely because Step 2 is satisfied. It is theoretically possible for a building to require extensive renovation in order to meet current building codes but still not meet the main test of Step 1. Furthermore, deficiencies included in Step 1 mayor may not include specific code deficiencies as listed in Step 2. In many cases, specific building code deficiencies may well contribute to the data which supports satisfying Step 1; conversely, it is certainly possible that identified hazards or other deficiencies which could be included in Step 1 do not necessarily constitute current building code deficiencies. By definition, the nature of the two steps is slightly different. Step 1 is more subjective, whereas Step 2 is an objective test. Step 1 deficiencies are less technical and not necessarily measurable to the same extent of the code deficiencies in Step 2. To the end that technical, measurable building code deficiencies support the satisfaction of the less technical Step 1, the following code requirements are defined in terms that go beyond the technical requirements of the code and demonstrate their relevance in terms of" . . . deficiencies in essential utilities and facilities, light and ventilation, etc. " Note: The original building assessments were conducted using the United Building Code, while the amended assessments were conducted using the International Building Code. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 19 Uniform Building Code CUB C) & International Building Code (lBC): The purpose of the UBC and IBC is to provide minimwn standards to safeguard life or limb, health, property and public welfare by regulating and controlling the design, construction, quality of materials, use and occupancy, location and maintenance of all buildings and structures (UBC 101.2 and IBC 101.3). A deficiency in the building code (insufficient nwnber of building exits, insufficient door landing area, etc.) adversely affects one or more of the above standards to safeguard 'life or limb . . .and public welfare'; therefore, a deficiency in the building code is considered a deficiency in one or more "essential utilities and facilities, light and ventilation, etc.". Minnesota Accessibility Code. Chapter 1341: This chapter sets the requirements for accessibility all building occupancies. The Minnesota Accessibility Code closely follows the Americans with Disabilities Act Accessibility Guidelines (ADAAG), which sets the guidelines for accessibility to places of public accommodations and commercial facilities as required by the Americans with Disabilities Act (ADA) of 1990. The ADA is a federal anti-discrimination statute designed to remove barriers that prevent qualified individuals with disabilities from enjoying the same opportunities that are available to persons without disabilities (ADA Handbook). Essentially, a deficiency in the accessibility code (lack of handrail extension at stairs or ramp, lack of clearance at a toilet fixture, etc.) results in a discrimination against disabled individuals; therefore, a deficiency in the accessibility code is considered a deficiency in "essential utilities and facilities". Minnesota Food Code. Chapter 4626: This chapter is enforced by the Minnesota Department of Health and is similar to the UBC in that it provides minimwn standards to safeguard public health in areas of public/commercial food preparation. A deficiency in the food code (lack of non-absorbent wall or ceiling finishes, lack of hand sink, etc.) causes a condition for potential contamination of food; therefore, a deficiency in the food code is considered a deficiency in "essential utilities and facilities". National Electric Code (NEC): The purpose of the NEC is the practical safeguarding of persons and property from hazards arising from the use of . electricity. The NEC contains provisions that are considered necessary for safety (NEC 90-1 (a) and (b)). A deficiency in the electric code (insufficient electrical service capacity, improper wiring, etc.) causes a hazard from the use of electricity; therefore, a deficiency in the electric code is considered a deficiency in "essential utilities and facilities". . .. . Uniform Mechanical Code (UMC): The purpose of the UMC is to provide minimum standards to safeguard life or limb, health, property and public welfare Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 20 by regulating and controlling the design, construction, installation, quality of materials, location, operation, and maintenance or use of heating, ventilating, cooling, and other appliances (UMC 102). The UMC sets specific requirements for building ventilation, exhaust, intake and relief. These requirements translate into a specified number of complete clean air exchanges for a building based on its occupancy type and occupant load. A deficiency in the mechanical code adversely affects the 'health. . . and public welfare' ofa building's occupants; therefore, a deficiency in the mechanical code is considered a deficiency in "light and ventilation". Note: The above list represents some of the more common potential code deficiencies considered in the assessment of the buildings in the proposed district. This list does not necessarily include every factor included in the data used to satisfy Step 1 for a particular building. Refer to individual building reports for specific findings. Finally, the tax increment law provides that the municipality may find that a building is not disqualified as structurally substandard under Step 2 on the basis of "reasonably available evidence, such as the size, type, and age of the building, the average cost of plumbing, electrical, or structural repairs, or other similar reliable evidence. Items of evidence that support such a conclusion [that the building is structurally substandard] include recent fire or police inspections, on-site property appraisals or housing inspections, exterior evidence of deterioration, or other similar reliable evidence." MEASUREMENTS AGAINST TECHNICAL TEST REQUIREMENTS Coverage Test SEH obtained information in a GIS (Geographic Information Systems) database format :from Dakota County to obtain individual parcel information. The GIS database contained graphic information (parcel shapes) and other related parcel information. This information was used by SEH for the purposes of this assessment. The total square foot area of each property parcel was calculated :from the GIS parcel information and general site verification. The total extent of site improvements on each property parcel was digitized :from recent aerial photography (Spring, 2000). The total square footage of site improvements was then digitally measured and confirmed by general site verification. The total percentage of coverage of each property parcel was computed to determine if the 15% requirement was met. Refer to attached maps: Impervious Surfaces map and Percent Improved by Parcel map. Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 21 The total area of all qualifying property parcels was compared to the total area of the district to detennine if the 70% requirement was met. The area occupied by public rights- of-way was included in the coverage test calculations. All but one of the public rights-of- way is improved with street improvements. Condition of Building Test Replacement Cost - the cost of constructing a new structure of the same size and type on site: R. S. Means Square Foot Costs (2002) was used as the industry standard for base cost calculations. R. S. Means is a nationally published reference tool for construction cost data. The book is updated yearly and establishes a "national average" for materials and labor prices for all types of building construction. The base costs derived :from R. S. Means were reviewed, and modified if applicable, against our professional judgment and experience. A base cost was calculated by first establishing building type, building construction type, and construction quality level (residential construction) to obtain the appropriate Means cost per square foot. This cost was multiplied times the building square footage to obtain the total replacement cost for an individual building. Additionally, to account for regional/local pricing, a cost factor was added to the total cost according to R.S. Means tables. Using R. S. Means, consideration is made for building occupancy, building size, and construction type; therefore, the cost per square foot used to construct a new structure will vary accordingly. Building Deficiencies: Step 1 (Systems Condition Deficiencies) - determining the combination of defects or deficiencies of sufficient total significance to justifY substantial renovation or clearance. On-Site evaluations - Evaluation of each building was made by reviewing available information :from city records and making interior and/or exterior evaluations, as noted. Deficiencies in structural elements, essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, were noted by the evaluator. Systems Condition Deficiencies mayor may not include Code Deficiencies as defined below. Energy code compliance was not considered for the purposes of determining Systems Condition Deficiencies. Deficiencies were combined and summarized for each building in order to detennine their total significance. Building Deficiencies: Step 2 (Code Deficiencies) - dete~g technical conditions that are not in compliance with current building code applicable to new buildings and the cost to correct the deficiencies: Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 22 On-Site evaluations - Evaluation of each building was made by reviewing available information from city records and making interior and/or exterior evaluations, as noted. On-site evaluations were completed using a standard checklist format. The standard checklist was derived ITom several standard building code plan review checklists and was intended to address the most common, easily identifiable code deficiencies. Mechanical Engineers, Electrical Engineers, and Building Code Officials were also consulted in the development of the checklist. Deficiencies were generally grouped into the following categories (category names are followed by its applicable building code): · Building accessibility - Minnesota Accessibility Code . Building egress, building construction - Uniform Building Code · Fire protection systems - Uniform Building Code . Food service - Minnesota Food Code · HVAC (heating, ventilating, and air conditioning) - Uniform Mechanical Code · Electrical systems- National Electric Code and Minnesota Energy Code · Energy code compliance - Minnesota Energy Code Energy code compliance is relevant in determining Step 2 (Code Deficiencies) because its criteria affect the design of integral parts of a majority of a building's systems. The intent of these criteria is to provide a means for assuring building durability, and permitting energy efficient operation (7676.0100). The energy code addresses general building construction (all forms of energy transmission in an exterior building envelope - walls, roofs, doors and windows, etc.) and energy usage by lighting and mechanical systems. A deficiency in the energy code (inadequate insulation, non-insulated window systems, improper air infiltration protection, etc.) reduces energy efficient operation and adversely affects building system durability; therefore, a deficiency in the energy code is considered to contribute to a condition requiring substantial renovation or clearance. Office evaluations - Following the on-site evaluation, each building was then reviewed, based on on-site data, age of construction, building usage and occupancy, square footage, and known improvements (ftom building permit data or physical observation), and an assessment was made regarding compliance with current mechanical, electrical, and energy codes. A basic code review was also completed regarding the potential need for additional egress (basement stairways, for example), sprinkler systems, or elevators. Deficiency Cost - Costs to correct identified deficiencies were determined by using R. S. Means Cost Data and our professional judgement and experience. In general, where several items of varying quality were available for selection to Planning Analysis - Redevelopment Eligibility Assessment Downtown Hastings, Minnesota 23 PLANNING COMMISSION CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 2004-01 RESOLUTION OF THE CITY OF HASTINGS PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE HASTINGS DOWNTOWN AREA REDEVELOPMENT PLAN FOR THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) AND THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 (A REDEVELOPMENT DISTRICT) CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City of Hastings, Minnesota, (the "City") has proposed to adopt a Modification to the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan Modification") for the Hastings Downtown Redevelopment Area (the "Downtown Project Area") and adopt a Tax Increment Financing Plan ("TIP Plan") for Tax Increment Financing District No.4 (the "TIP District") within the Downtown Project Area (the Redevelopment Plan Modification and the TIP Plan are referred to collectively herein as the "Plans") and has submitted the Plans to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City; and NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plan conforms with the general plans for the development and redevelopment of the City as a whole. Dated: October 11, 2004 -6~ ~' ALd~ Barbara Hollenbec , Acting Chair @ s- a> a> en en -c .!d a> en .:;; "0 u Q) Q) $ c: '" u u 0 ~ ~ 0 en c.. '" '" 5- ~ a> .- a> c..c.. '" c: (/) +- C:._ (/)(/) 10 ~ c: ~.....I CO """" N -1: - Q) c: :ijU J:Q;3: cn3: .!: c: '" '" -"'- -C "''''' a... ...- - ... o c: "- ! :J a> .99 ~ 0 .- '" ~~~ -~ ....- '" '" :J J:a...CI:: :5~ "iQ"5 00:2 N - CT c: a... a... in] '" '" c: ~.~b ::J~ ~~ Q) '" 0 0 o ~ a::: ~ Cl::W-" ;;LO -C '-'::; 0._ 0 00 U c: Q) "'0 '-'- --U enUJ: 522 -en 0-0 '" en Q) 'x.!!~ 0- en ~ ~c: ~ a> 00-0 UJUJ~ u.5: uXc: 0'" "<to .E: 00-,= 00<0 UJ _ OU ....u OJ 00- NLO NLOO 00 :..~ tri"tri"'j N....(Y) -N E 10 ~ ~ 11 < 00 11 c: ~ '" c.. 0 0'> '" c: 0 'a. Z~ 0 :5 0 '" .. j a.. c c ~~ 0::: ,,; 0 0> 3: '5 UJ::! :::;E:J: <( 0::: u. Z l.J V1 UJ Q z <( co 0::: :::> l- f z UJ :::;E a.. 0 ....J UJ .~ > :;Sen UJ ~g Q UJ .....0 0::: o.=: .!J '" Z a> .. Na:: 3: ., CJ 0 I- '" Z Q) < 3: >. 0 -0 :J Q t) V1 l.J Z f= V1 <( J: ~ '" ~ o 8 ~ ~ ~ , "<t o o N ~ .. ..0 B u o ~ " "'. G ~ IJI C '(ij E <I) a: en -'" III o t>O C :;::; IJI 'x I..LJ $- ~ IJI ~ C '(ij 0\ E N <I) ~ a: .s:::. ..9 IJI ~ !XI < t>O C ~ ~ 'x I..LJ '" " -+-' Q) Q) ~ -+-' C/) ..s:: -+-' o;;:t -+-' II) ro UJ :).aaJ:).S AalqlS --1"... . ~ ~ N'III ;a <l)C' Z.... (3 . -- -- Zl! ::5; 0..'" '" ~:i! ~. O~ ~~ ~:r:: ~ u.. Z I.:) Vi LU o Z <( IX! ~ :::> I- Z LU ~ 0.. o ....J LU Gj o LU ~ Z 3: o I- Z 3: o o In I.:) Z i= In <( :I: ~ " .' '<t o o N (j) 10. "., Q,I- ': .g :'i~.';-jO~'; Oti "."',",'-o!>:;,o r~r .~. .;'\: j i> ~~.' \ ~ bO ~ o o .........J ~ ~ ~] IX> 0 U = :: 't: <II > Pi: Zi'! ::i~ Q..g ~~ 0::.; Og> ~~ LLJ... ~:I: ~ u.. Z I.J Vi LLJ I:) Z <{ c:I 0:: :::> I- Z LLJ ~ c.. o ~ LLJ > LLJ I:) LLJ 0:: Z ~ o I- Z ~ o I:) V1 I.J Z i= V1 <{ :I: "'" o o N - <II .Q E ~ Q. IV v> @ N - ~ ..s ~ bO .5 ~ o ,..J a! b en I:: ';;j ~ z~ ~~ c..~ ~:i 0::.,;- Og' ~t: 1.i.J.. ~:I: ~ LL. Z l.J Vi I.i.J o Z ;;1i 0:: :::> I- Z LIJ ~ c.. g LIJ ~ o LIJ 0:: Z ~ o I- Z ~ o II) l.J Z i= II) <( ::I: , I ~ "" o o N .' ::; " ~t\ \ / ','. - .. .Q E cu :.:, ~ ..........:.:.~ ;::::; .<,~~.,. ., @ IO/lI/2004 MASTER PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this _ day of ,2004, by and among the City of Hastings, a home rule charter city under the laws of the state of Minnesota, (the "City") with its principal office at 101 East Fourth Street, Hastings, Minnesota 55033, the Housing and Redevelopment Authority In and For the City of Hastings, Minnesota, a public body politic and corporate, (the "Authority") with its principal office at 101 East Fourth Street, Hastings, Minnesota 55033, and Sherman Associates, Inc., a Minnesota corporation (the "Developer") with its principal office at 233 Park Avenue South, Minneapolis, Minnesota 55415. WITNESSETH: WHEREAS, in furtherance of the objectives of Minnesota Statutes, sections 469.001-.047 (the "Act"), the Authority has undertaken a program for the clearance and reconstruction or rehabilitation of blighted, deteriorated, deteriorating, vacant, unused, under used or inappropriately used, areas of the City, and in this connection is engaged in carrying out a redevelopment project known as the Downtown Redevelopment Area (hereinafter referred to as the "Project") in an area (hereinafter referred to as the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the Authority and the City Council of the City a redevelopment plan for the Project (which Plan is hereinafter referred to as the "Redevelopment Plan"); and WHEREAS, the Developer has proposed to acquire certain real property owned by the Authority and the City in the Project Area and to acquire adjacent parcels of property from third parties (which real property is collectively referred to herein as the "Overall Redevelopment Property" and is shown on the attached Exhibit A); and WHEREAS, the Developer presented to the Authority and the City Council of the City a preliminary concept for the development of the Overall Redevelopment Property through the construction of a mixeet use commercial and residential development (the "Development"), which proposal may involve the Authority's use of tax increment and other funds to finance a portion of the cost of the Developer's redevelopment of the Overall Redevelopment Property; and WHEREAS, the City Council and the Authority's Board of Commissioners reviewed the Developer's preliminary development concept and entered into a Preliminary Development Agreement dated February 26,2004 (the "Preliminary Agreement"), under which the Developer agreed to further refine its development concept and to negotiate with the City and Authority concerning public participation in and approval of the proposed. Development; and (j) WHEREAS, the Developer's efforts pursuant to the Preliminary Agreement resulted in the preparation of a master development plan (the "Master Plan") which has been approved by the Authority and the City, a copy of which Master Plan is attached hereto as Exhibit B; and WHEREAS, the City and the Authority have determined to allow the Developer to proceed with the development of the first phases of the proposed Development while continuing to prepare and refine plans for other phases of the Development; and WHEREAS, the City, Authority and Developer intend to proceed with phases of the Development if: (i) a design for those phases of the Development can be agreed upon by the City, the Authority and the Developer; (ii) a satisfactory agreement can be reached regarding the Authority's commitment for public financial assistance necessary for those phases of the Development; (ill) satisfactory financing for those phases of the Development can be secured; and (iv) the economic feasibility and soundness of those phases of the Development and other necessary preconditions have been determined to the satisfaction of the parties. NOW, THEREFORE, in consideration of the covenants and obligations of the parties hereto, the Authority, the City and the Developer hereby agree as follows: Section 1. Preliminary Nature of Agreement. The City, Authority and Developer agree that this Agreement is intended to be preliminary in nature. Before the City, Authority and Developer can make a decision on whether to proceed with a specific phase of the Development, it will be necessary to assemble and consider information relative to the uses, design, economics and other aspects of that phase. The purpose of this Agreement is to allow the Developer an opportunity to assemble such necessary information, to further refine the Master Plan, and to negotiate with the City and the Authority concerning the execution of development agreements (the "Contracts") which, if executed, will set forth the rights and responsibilities of the City, the Authority and the Developer with respect to the development of each phase of the Development. During the term of this Agreement, the Authority and City agree that they will not, without the Developer's approval, enter into a similar agreement with any party other than the Developer for a project within the Overall Redevelopment Property and that they will not agree with any such alternative developer to provide tax increment or other financial assistance, eminent domain assistance or other assistance in connection with any development or redevelopment undertaken on any portion of the Overall Redevelopment Property. Private owners of portions of the Overall Redevelopment Property may, however, undertake development or redevelopment projects on their properties so long as such development or redevelopment conforms to applicable law. Section 2. Present Intent of Parties. It is the intention of the parties that this Agreement document their present understanding and commitments and that if the following conditions are fulfilled to the satisfaction of the City, Authority and Developer, the parties will proceed in an attempt to formulate a mutually satisfactory Contract for each phase of the Development: (a) the Developer demonstrates and documents to the extent required by the City and the Authority the market, economic and site feasibility of the phase as refined pursuant to this Agreement; 2 (b) the completion of all undertakings required by this Agreement with respect to such phase in a satisfactory and timely manner; (c) the satisfaction of such other conditions as are determined to be appropriate by any party; and (d) the proposed phase of the Development is generally consistent with the 2003 Heart of Hastings Plan and the 2003 Request for Proposals Goals and Objectives prepared by the Authority and the City; and (e) the proposed phase of the Development is consistent with the Master Plan. The Contract for a phase of the Development (together with any other agreements entered into between the parties hereto contemporaneously therewith) when executed will supersede all understandings and obligations of the parties hereunder with respect to the applicable phase. Section 3. Master Plan. The Developer's concept for the Development on the Overall Redevelopment Property as originally proposed was preliminary in nature and needed to be refined before implementation. Pursuant to the Preliminary Agreement, the Developer prepared and submitted to the Authority and the City the Master Plan which shows the current understanding of the parties regarding the nature of certain of the phases of the Development. Specifically, the Master Plan provides for the development of four initial phases of the Development, consisting of a restaurantlbanquet facility, a condominium development and a mixed use commerciaJ/housing development all on Block 1, and a row house development on Block 29 (the "Initial Phases"). The parties agree that they will continue to work to refine and attempt to reach agreement on these Initial Phases of the Development and to enter into Contracts for each of these phases. The Developer will continue to refine its proposals for the development of additional phases of the Development. The Developer agrees that it will continue to meet periodically with downtown business owners to discuss proposed new phases of the Development and to receive the business owners' input on their concerns about the proposed phases. The City and Authority will schedule and host the meetings with the downtown business owners. Section 4. Additional Developer Undertakings. During the term of this Agreement the Developer will do the following with respect to each phase of the Development: (a) Identify all real property that must be acquired to undertake and complete the phase and, if necessary, attempt to secure purchase agreements to acquire the privately owned property to be included in the phase. (b) Submit to the Authority and City a proposed schedule for all activities related to the phase, including without limitation, the timing of the closing on financing and the various stages of construction. 3 (c) Submit to the Authority and City a refined site plan for the phase showing the size, nature, uses, number of units, square footage and location of the proposed phase, including parking, landscaping and other exterior improvements. (d) Submit to the Authority and City elevation and perspective drawings for the phase showing the refined design of the buildings as seen from major streets and from the river, which drawings shall be consistent with the City's Design Guidelines for Original Hastings. (e) Submit to the Authority and City a project proforma detailing all costs of the phase and the sources and uses of all funds to be raised to finance the phase, including justification for any public financial participation requested. (f) Secure and submit to the Authority and City a market study showing the feasibility of the phase. (g) Secure and submit to the Authority and City evidence acceptable to the City and the Authority showing how the Developer will finance the construction of the phase. (h) Undertake preliminary engineering and soil testing of the property on which the phase will be located. For this purpose, the Developer and its contractors shall have the right to enter upon the portion of the Overall Redevelopment Property owned by the City and the Authority at reasonable times and after notice to the Authority. The Developer shall indemnify, defend and hold the Authority and the City harmless from and against any claims or damage, of whatsoever nature, arising out of its entry onto the land of the Authority and the City. (i) Use environmental reports and studies provided by the Authority and such other studies and testing deemed necessary to determine the acceptability of the environmental condition of the subject portion of the Overall Redevelopment Property. All of the information described above shall be prepared or collected at the sole expense of the Developer. The approval of the Authority and City of individual plans for the development of phases of the Development are conditions precedent to the parties proceeding with each phase of the Development. The Developer shall submit to the Authority and City the above information for at least one of the Initial Phases by a date that will allow the parties to enter into a Contract for that Initial Phase within 120 days after the date of this Agreement~. The Developer shall submit the necessary information for the remaining Initial Phases by dates that will allow the parties to enter into Contracts for all of the Initial Phases within one year from the date of this Agreement. The Developer will not be allowed to proceed with any phase of the Development other than the Initial Phases unless it has entered into a Contract for the restaurantlbanquet facility proposed as one of the Initial Phases and has secured a tenant and financing for the restaurantlbanquet 4 facility. During the term of this Agreement the Developer will diligently pursue a user for the restaurant banquet facility and will upon request by the Authority or the City update the Authority and City on the status the Developer's efforts in that regard. By July 1, 2005, the Developer will present to the Authority and City a concept plan for the redevelopment of those portions of the Overall Redevelopment Property described on Exhibit A to this Agreement as "Blocks 3 and 4" and, if this concept plan is approved by the Authority and City, will provide to the Authority and City the information described above for those areas by September 30, 2006. By March 31, 2006, the Developer will present to the Authority and City a concept plan for the redevelopment of another phase of the Development and if the concept plan is approved will provide to the Authority and City the information described above for that phase by August 1, 2007. All of the deadlines set forth above may be extended by mutual agreement of the parties hereto. Section 5. Authority Undertakings. During the term of this Agreement, the Authority will undertake the following with respect to each phase ofthe Development: (a) Formulate an estimate of the cost of any public improvements that will be necessary to be constructed as a result of the phase. (b) Using information provided by the Developer on the timing of construction and value of the phase and a "but for" analysis on the need for public assistance, undertake an analysis of the amount of tax increment that may be generated from the completed phase and explore the feasibility of using tax increment ftom a new tax increment district encompassing the Development to finance some of the public redevelopment costs associated with the phase. (c) Using information provided by the Developer on job creation and wages, undertake an analysis of the phase's consistency with the Authority's business subsidy policy and the City's and Authority's goals. and objectives when granting business subsidies to private businesses. (d) Cause to be prepared drafts of the Contract related to the phase. Section 6. Negotiation of Contracts. During the term of this Agreement, the Authority and the Developer shall proceed with the negotiation ()f Contracts relative to the phases of the Development. The decision to enter into each Contract shall be in the sole discretion of each of the parties. If prior to execution of a Contract for a phase of the Development either party reasonably determines in its discretion that it is not in its best interest to proceed with the phase, it shall so notify the other party, whereupon, subject to Section 8, neither party shall have any rights or obligations to the other or to any third party under or with respect to this Agreement as it relates to the subject phase. 5 Section 7. Effect of Approvals. No approval given by the Authority hereunder or in connection herewith shall be deemed to constitute an approval of the Development for any purpose other than as stated herein and the process outlined in this Agreement shall not be deemed to supersede any concept review, conditional use permit, vacation, subdivision, or other zoning or planning approval process of the Authority or the City relative to the development of real estate. Section 8. City and Authority Costs. In consideration of the Authority's covenants and agreements set forth herein, the Developer agrees that it will pay all customary City fees payable with respect to similar developments and all third party costs incurred by the City and the Authority with respect to the proposed Development including, without limitation, fiscal, planning, engineering or public works, environmental, tax increment, market consultants and attorneys' fees in connection with the preparation of this Agreement, the negotiation, preparation and implementation of the Contract, the tax increment and bUsiness subsidy analysis, the estimating of the public improvement costs related to the construction of the Development and all other transactions related to the Development. Notwithstanding the foregoing, the Developer shall not be obligated to pay the above-referenced fees and third party costs for any part of the Overall Redevelopment Property that it does not redevelop, except for those fees and costs incurred by the City or the Authority relative to the Developer's plans to redevelop portions of the Overall Redevelopment Property that are not ultimately redeveloped by the Developer. The Developer deposited $20,000 with the Authority at the time of execution of the Preliminary Development Agreement and an additional $20,000 subsequent to the execution of the Preliminary Development Agreement. The Authority shall have the right to draw upon such amounts to pay its and the City's costs. If the amount on deposit becomes depleted, the Authority shall have the right to request that the Developer replenish such funds upon which the Developer shall remit to the Authority additional funds to be held on deposit and used to pay costs; provided that the maximum amount of individual additional deposits of funds to be made by the Developer will not exceed $20,000. If on termination of this Agreement, the amounts held by the Authority are insufficient to pay the Authority's .costs, the Developer shall be liable for any deficiency. If this Agreement is terminated in accordance with the terms hereof: any sums remaining on deposit with the Authority, after the Authority pays or reimburses itself for costs incurred to the date of termination, shall be returned to the Developer. No other financial obligations shall exist between the parties, other than those that may be negotiated and contained in the Contracts. If the parties enter into a Contract for a phase of the Development it is expected that the Contract will contain provisions detailing how the Authority's costs incurred subsequent to the execution of the Contract will be paid. The Authority will provide the Developer with written proposals ITom attorneys and consultants for the services they anticipate providing to the Authority and City and the rates to be charged and, if possible, the estimated costs. At such time as the Authority uses funds on deposit with the Authority to pay costs as provided in this section. the Authority will provide the Developer statements or invoices documenting such costs. In the event that the City, the Authority and the Developer proceed with the Initial Phases and/or any additional phases of the Development, and tax increment, tax abatement or other public subsidies are used to assist the Initial Phases and/or any additional phases, if the costs paid 6 by the Developer under this section can legally be reimbursed ftom the source of such subsidies, the Authority and the City agree that such costs will be so reimbursed. Section 9. Modifications. This Agreement may be modified and the term hereof may be extended only through written amendments hereto signed by all parties to this Agreement. Section 10. Termination. On the date that is three years ftom the date of this Agreement, this Agreement shall terminate, unless extended in writing by all of the parties hereto. This Agreement may also be terminated by the Developer if the City or Authority fails to perform their obligations under this Agreement or by the City or Authority if the Developer fails to perform its obligations under this Agreement. Such termination shall be accomplished by giving written notice of termination to the other parties to this Agreement. If such failure has not been cured within a period of thirty days after the date of such notice of termination, this Agreement shall be null and void except for the obligations of the Developer under Section 8 with respect to costs incurred as of the date of termination. Termination of this Agreement shall not affect the rights of any party under any Contract that has been executed as of the date of termination. Section 11. Severability. If any portion of this Agreement is held invalid by a court of competent jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement. Section 12. Notices. Notice, demand, or other communication ftom one party to the other shall be deemed effective if sent by certified mail, postage prepaid, return receipt requested or delivered personally to a party at its address in the first paragraph of this Agreement, or at such other address as such party may designate in writing to the other party. 7 IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. CITY OF HASTINGS By Michael D. Werner, Mayor By Melanie Mesko Lee, City Clerk HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF HASTINGS By Harold Birkeland, Chairman By John Grossman, Executive Director SHERMAN ASSOCIATES, INC. By Its 8 EXHIBIT A Overall Redevelopment Property 2 Overall Redevelopment Property Legend o Parcels _ Water N Buildings .../\\ .../ Roads w ~~~ ~~~ E ern' Of' HASTlN6S /'\ / Railroads / v s Map prepared 10/06/04 by City of Hastings Planning Dept. Copyright 2004 EXHIBIT B Master Plan 3 on S' '" c: Q) o on " ~ ~ Q) +~ '~.E '" '" OJ -c:a3 c. " " .:;; .S! ~~ en ['" 0 ~ ",0 bO a. c: '" - (/) tt. " OJ ..::OJ3 c: l() 'iij bOO VJ~ ~bO c:- 2! " .~~O N ~ .- " CT :!:::::i.- ~~~ "",OJ on :I:a...e:: c: '" (iiC: Q) c: ~.~O :Ja... on -t 3~ e::'" ._ co ~ on bO u;~"5 ._ s- En o C5 5~~ o c: '" .....0 ~~= "C .- 00:0 a... go~ 5~ .g.g .2 ..... Q)..c: -= '" "'" - w i:Li'ii on " .- '" 0_8:;; oE c: OJ '" N ~ IDa.. a-OJ 0.Q '" l() ",'ii \ OOu:J u~s 0 0 0::: N LO NLOO 0'" "'.....("t) .q-- 5 ~ ..... " u OJ .1; '" 6 I r ~ - ;;: 1'0;.:' .S! :Con ~E .....0 o a'" .Q1;; ",OJ [;:Ie:: (!J '" '" ~ o ~ Z~ -:5 ~ Q..C C ~- ~~ O;g, 3= "E UJ :Q ~ ~:I: <( ~ u.. Z lJ Vi UJ o Z ~ 0:: :::> I- Z UJ ~ Q.. 9 UJ ~ o UJ ~ Z ~ I- Z ~ o V1 lJ Z f= V1 <( :r: ~ ., ; ; 0' .... o o ~ '" OJ .Q B v o ~ , ~ " ~ 67(7t~9. t"'"''''''~''''' ,\j;;,z; .- HASTINGS HOUSING & REDEVELOPMENT AUTHORITY Minutes of Special Joint Meeting with City Council and Advisory Committee, July 12, 2004 I. Quorum: Birkeland, Hollenbeck, Martodam, Keena, Toppin. All Council members except Mr. Riveness were present. Committee members Holzem and Cox. Staff members Osberg, Grossman. Loren Brueggemann, VP, Sherman Associates. II. Business. Mr. Prosser of Ehlers Assoc. reviewed the status of the project and the purpose of the meeting, to review the preliminary master plan for riverfront redevelopment proposed by Sherman Associates and to give direction and opinions on the preliminary plan. Mayor Werner called the meeting to order and advised those present that downtown riverfront redevelopment was for the entire community. The following is a summary of the points made, organized by topic. PHASING Mr. Brueggeman reviewed the proposal and announced that Sherman, proposed a change to the phasing: First, Block One - North half, condo & restaurant, fall 04 and Block 29 row houses, fall 04; second, Block Three - condo, parking, summer 05; third, Block One - South half, mixed use retail and condos, summer 06. --' The officials supported the proposed phasing - Block One (Bl) f1l'st, continuing discussion of Block Three (B3). BLOCK THREE (other uses, phases) A number of officials prefer to keep B3 for public uses. There was a consensus that alternative design and uses should be considered. Mayor Werner suggested that development on B3 be contingent upon capitalizing on new TIF to acquire NSP substation (Block 4) as an alternate condo or parking site. He would support a new TIF district under those conditions, and suggested that the old district be decertified sooner than scheduled. . Officials agreed with the Mayor's vision - removal- of the substation is a huge goal and had some questions and suggestions. Will the proposed developments generate enough TIF to acquire substation as an alternate condo or parking site? Does the substation provide enough space for new uses? Keep options open on B3, but don't limit the developer with too small a site. Substation might be a site for a permanent farmers @ ./ market. If new district is extended to include the substation, maybe Hudson should be added too. Mr. Brueggemann suggested that the amount ofTIF generated by Bl, B2, B3 and B29 and the impact of decertifying the old district, needs to be determined to see if both amenities and substation acquisition can be funded. Staff was directed to calculate the amount of TIF generated by all new development to determine if both amenities and substation relocation can be funded, including the impact of decertifying the old district. There was agreement on the desirability of removing the substation, but without saddling the development of B3 with an impossible task. Councilperson Yandrasits reported that only7 of 110 business or property owners she had called opposed condos downtown and that most wanted Block 3 developed if more parking than existed could be created. Mr. Brueggemann noted that-Sherman Assoc. had lost the best site such as B3 to other developers in the past, after agreeing to develop a less desirable site such as Bl and asked that they be given development rights on B3. The officials concurred that the Development Agreement would include Sherman's exclusive right to develop Block Three, for a period of time, contingent ort approval of use and design. BLOCK TWO (if developed by another development group) '. Officials want B2 design to be compatible with Sherman's and Master Plan and want B2 included in TIF district to pay for amenities the benefit the entire area. The City will hold all riverfront redevelopment proposals, including Block Two, to the same standards regardless of who the developers are. DESIGN Following points made by officials: need a separation between condos and esplanade - need to vary height of condos - expect to see elevation drawings in August for at least phase one - expect buildings will be fmished all four sides - no "backs" - need the amenities to fIX the view from the bridge. Sherman will have HPC review designs. PARKING Following directions give: Replace, maintain all the parking available now, on lot and streets, and add more if possible. Maintain vehicle access to Legion. Need to arrange for alternate parking during (~J]~ ., construction, especially on Block 3. Need to re-evaluate parking rations for downtown, particularly for mixed use. DEVELOPMENT CONTRACT Include guarantee that amenities will get built. Sherman to have exclusive right to develop B3 for a period of time, contingent on approval of use and design. ADVISORY COMMITTEE Involve the committee until a development contract is completed. DIRECTION Officials agreed that their direction to the developer, staff, consultants is to prepare master and site plans, TIF studies, public improvement studies and development agreements with consideration for Blocks 1,2, 3, 4, 16 and 29 - with 1 and,29 as the first phase. III. Adjournment. Meeting adjoumed by acclamation. ..... G: \HRA \Min. 7 -12-04.doc Heritage Preservation Commission Comments on Sherman's design concepts for phase I buildings. September 21,2004. At the HPC meeting Jay Nelson, ESG Architect working for Sherman Associates, presented concept drawings of the condominium and mixed uses buildings east of Tyler. The condominium building is four stories of residential units and is located on the north half of Block 1. The mixed use building is two floors of residential over ground floor commercial on the south half, adjacent to Second Street. 1. Both buildings are generally compatible with downtown in scale, mass, proportions of windows, height, roof shapes and orientation to the existing grid. Storefronts on Second compatible in amount of glass and height. 2. Liked the red brick and buff stone materials and colors. 3. Cupolas and towers acceptable, if not too high; help differentiate the new buildings from the historic district. 4. Preferred a more varied cornice line on the mixed use building. Would help strengthen vertical divisions and break up horizontal mass. 5. Liked the variety of vertical segmentation on the residential building. 6. Liked the steps on the north side of the residential building as they contribute to a desirable separation of the private from the public space. Using iron railings is good. 7 . Vertical parking on the north side of the condominium building appears to push the esplanade towards the building and interrupts the continuity. 8. Liked the "Gardner" porch area on the mixed use building. - ..... DOWNTOWN REDEVELOPMENT ADVISORY COMMITTEE NOTES OF MEETING 9/27/04 Committee members: Moratzka, Yandrasits, Keena, Hollenbeck, Cox and Holzem; Staff: Grossman, Hinzman, Osberg and Consultant Cook. Developers: Loren Brueggeman, Robert Abdo, AI Most, Rick Ahern, Bruce Palmer, John Healy. Loren Breuggemann, Sherman Associates, summarized the proposed redevelopments on the Master Plan, and building design concepts for Phase I. . 28 unit condominium on block 1, phase I, design concept presented, plan spring 2005 start. . 5,000 sq.ft. restaurant, 3,000 sq.ft. banquet facility on block 1, phase I. Need tenant before design completion. . 22 unit mixed use building with 6,000 sq.ft. commercial on block 1, phase I, after condominium . Mixed use building along Second on block 16 later phase . Block 3 and 4 designated a study area for development to be proposed in 2005, related to Xcel substation study. . Street improvements to include bump-outs at corners on Second, turn -arounds at north end of Sibley and Ramsey, pedestrian esplanade and emergency access on north side of developments, parallel parking on side streets and some parking off Tyler for park and trail use. Residential will be self-parked and an adequate lot will be provided for restaurant. Banquet will need off-site parking. Comments and discussion Gazebo/restrooms: Moratzka and Ho1zem want the gazebo with restrooms in or near the park. Yandrasits agreed on gazebo and wants some parking spaces for park and trail users. Improvement costs: Moratzka asked when the. costs and schedule for public improvements would be available, in order to be sure that improvements are included in each phase of development. UtUity and streetscape construction: Cox asked if Second Street would be opened for utilities as this would have a serious impact on business. She suggested that trees be added to Second at the same time as other improvements, reducing disruption of adding them later. Design: Committee thought the design concepts were compatible with downtown. Block 2: Moratzka asked Robert Abdo, representing Bailly's Landing to update the committee on block 2. . Partners have closed on 3 properties. Talking with Grapic. . United Properties (Bruce Palmer, John Healy) will assist with construction. . They expect to ask HRA to sell lot 1 on block 2, to ask City to vacant alley. Want to start something in the spring. . Generally interested in one or two condominium buildings with for sale commercial (office, restaurant, retail) below residential units. Three or four stories total, with parking underneath. . Building design to be compatible with historic character of downtown. Hotel: Moratzka mentioned rumors about a hotel and asked Rick Ahern if he had hotel plans. . He has a franchise agreement with Intercontinental Hotels. A Hotel Indigo concept, which he believes is appropriate for this area, is around 100 rooms. . The Gardner House and adjacent beauty school building, owned by Tom and Karen Jung, could be remodeled for a hotel. He does not have a parking plan for the hotel at this time. . He and AI Most have a purchase agreement with the owners of the Gardner House, Chris Viken and ~arl Clausen, contingent on their being a restaurant-banquet facility downtown. What they have in mind is a Blackwoods restaurant-banquet facility of 24,000 sq.ft. That would require about 200 to 300 parking spaces. Osberg asked if there would be a hotel on Block 2. . Abdo responded that Block 2 plans do not include a hotel or a restaurant of the size to compete with Sherman's proposed restaurant/ banquet. Summary: Moratzka wants all developers to work together and asks that the Advisory Committee informed as all proposals are made and refined within the entire redevelopment area. Open House: The Committee directed that an Open House be held for Sherman's Phase I plans, but not for the Master Plan. Scheduled for late October or early November, depending on completion of plans by developer. PLANNING COMMISSION DISCUSSION OF SHERMAN MASTER PLAN AND DESIGNS, MEETING OF SEPTEMBER 27, 2004 (from the minutes, which have not yet been approved by commission) Sherman Associates Concept Plan Review Downtown Redevelopment of BRA Properties. Director Hinzman provided background on the downtown development process and introduced the Developer. Loren Brueggemann, Sherman and Associates and Jay Nelson, ESG Architects presented the concept plan to the Planning Commission. Chairman Grell asked for clarification of the esplanade location at the east end of the project. Mr. Nelson stated head-in parking along Block 1 could be eliminated to enlarge the esplanade on the east end. Commissioner Alongi asked for clarification on any link of this project to a downtown hotel. HRA Director John Grossman stated a hotel is not included in Sherman's proposal; however a private group is examining a hotel elsewhere in downtown through incorporation of the Gardner House. Commissioner Alongi stated a desire to create a destination point for downtown, does this project accomplish it? Mr. Brueggemann stated they are presenting a project that is financially feasible for TIF financing for the area. The market study stated downtown could support a restaurant and banquet facility, provided it served as a destination point. Any larger facilities (especially restaurants) would require much more parking. Commissioner Alongi asked if a specific restaurant has been identified for the riverfront. Mr. Brueggemann stated they are not actively marketing the restaurant site until they further secure approvals. HRA Director Grossman reiterated the findings of the market study for downtown adding that the study identified both a restaurant, banquet facility, and small boutique hotel as possibly feasible provided it served as a unique destination point and was privately owned - The key is getting the right operator . Commissioner Alongi asked what we can doe to accommodate tourists who want a unique historic river town experience. If someone wants to hold a large event or wedding is there a place in Hastings to hold it? Mr. Brueggemann stated Sherman and Associates still owns the Guardian Angels Chapel - it may work for those purposes. Commissioner Truax asked if the buildings would be under the 47 foot height limit. He had concerns about blending cars and people along the backs of the buildings. Mr. Nelson stated they would abide by the height limitations, and that the esplanade area would be banned to automobile traffic; except emergency vehicles. Commissioner Truax asked for further clarification of the Historical Preservation Commission's (HPC) finding of the project to be generally acceptable. HRA Director Grossman stated the HPC supported the plan but wanted changes including smaller features on the front of the buildings to be more in line with the 22 foot widths of the existing downtown buildings. Commissioner Truax stated he preferred enhancing the path adjacent to the river instead of constructing the esplanade. Commissioner Schmitt stated that parking did not appear to be adequate for all the uses. He asked if the 3rd Street crossing of the railroad track would be closed. HRA Director Grossman stated the 3rd Street closure has not been identified at this time. Commissioner Schmitt stated the traffic circle on Tyler Street would impede traffic flow to 1st Street under the railroad bridge. Director Hinzman stated a large portion of the parking would be contained underground. Robert Abdo, Developer of Block 2, stated he is not sure how many parking spaces would be placed underground. Commissioner Schmitt asked if all underground parking would still be above the 100 year flood level. Mr. Abdo stated he believed so. He further clarified the mix of development he proposes on Block 2 including retail on the first level and condominiums above. All retail and residential units would be owner occupied. Commissioner Schmitt questioned the location of the restaurant adjacent to the railroad track and bridge citing conflicts with noise of the train, whistle, and vibrations. Commissioner McInnis stated parking may be a problem; there may be the need for more parking in closer proximity to the buildings. He further stated keeping parking available on Block 3 is critical. Mr. Brueggemann agreed that parking must be maintained on Block 3. Commissioner Twedt stated the architectural renderings were wonderful; he liked the concept. He agreed with Bruce Chamberlain's (HKGI Planning Consultant) comment that the traffic cul-de-sacs at the river should be set back behind the esplanade. Mr. Brueggemann stated that both he and Mr. Abdo have reviewed Mr. Chamberlain's comments. He further stated the American Legion has a desire to keep a vehicle drop-off area. Commissioner Truax stated the restaurant along the river will generate need for many parking spaces, and those nearest the facility would likely be used exclusively for the restaurant. Commissioner Hollenbeck stated she likes the direction of the development and the architectural renderings submitted. Chairman Greil stated there does not appear to be adequate parking for the uses proposed; however more intensity would create an even greater parking demand. He further stated he liked the architectural drawings. He thought the street turnarounds were a unique aspect, but wanted to make sure they were functional. He is hopeful for further retail on Ramsey Street. He likes the esplanade and sees it functioning differently from the bike path along the river. He would like to see more specifics on restaurant seating to determine parking in the future. He stated a larger critical mass is needed to keep people downtown longer; however construction of a large facility that would become vacant would be the worst situation. Economic Development Commission Comments on Sherman's Draft Riverfront Plan and Designs at meeting of September 28, 2004. Height: Some thought towers on building corners too high but were ok with building heights. May be an economic need for a feature or device to attract or direct visitors down Second to Bailly, and then turn north to the restaurant. Some talk of a gateway feature across Second. Architecture: Suggested a little more architectural variety to define the vertical bays of the residential floors of the building facing Second. (Staff: if not color, perhaps varied cornices, slightly different window hoods, bay windows in some and recessed balconies in other bays ). Block 16: Reference the proposed building facing Second, asked whether a parking structure can safely and easily be built next to an existing building facing Second. Noted that future tenants of that building would have to assume a parking structure could be built at some time, perhaps a limitation on uses. Esplanade: Suggested the width of the esplanade be maximized and that it continue at that width all the way to the restaurant. Visuals: Future perspective sketches of the condo should be a view from the river rather than from a parking area. Turn-arounds: The circles at the north end of Sibley, Ramsey and Tyler generated pros and cons. Smaller radius or just a curve at the end of the street was suggested. Perhaps a physical separation from pedestrians on esplanade - curb, bollard, iron fence. DRAFT MINUTES NOT YET APPROVED BY PLANNING COMMISSION Meeting of October 11, 2004. Sherman Associates - Master Downtown Plan Review #2004-57 - Downtown Redevelopment of HRA Properties. Director Hinzman provided background on the updates made on downtown development project and introduced the Developer. He clarified that this is only for comments are there would be no motions made for this item. Commissioner Twedt asked if the deck addition was exterior dining and for clarification on the 5,000 s. f. restaurants if the total seating was 120 persons. He asked if the restaurant was the anchor for the downtown. Loren Bruggeman, with Sherman Associates, stated that they are trying to move forward with the development agreement and then search out restaurants and banquet facilities. Commissioner Twedt asked if Sherman has met with the Abdo group. He wanted assurance that all interested groups are providing updates on the downtown development. He feels it is important that all groups are involved. Mr. Bruggeman stated they have met with the Abdo group and the most recent time was about two weeks ago. Director Hinzman stated that staff has also met with both Sherman and Abdo with updates on the downtown project Director Grossman stated that Sherman has met with the staff a number of times to work on the master plan and agreement. Staff has also met with Abdo, but Block 2 is not as far along in the development process. Commissioner Twedt asked if downtown Business Associations and other groups met with HPC, committees, etc. and if everyone has had a chance to comment on the downtown project. Director Grossman stated that every group has been asked on their thoughts with the downtown and they have held about 10 meetings and hearings since January. Minutes from all the meetings have been shared among the groups and advisory groups looks over all committees, commissioners, etc. Commissioner Alongi stated the public meetings have been great and they have been open and everyone is allowed to comment. However, he has not seen the minutes put together which he feels would be a good. idea. Commissioner Twedt commented that at the time of construction, he hopes that everyone is happy and knowledgeable of what is being done. He asked if there was anyone who had questions, what they could do to get answers. Director Grossman stated that a public hearing on TIF will be held at the City Council meeting next week. The site plan for each component of the development will go through Planning Commissioner and City Council with detailed drawings. Residence of Hastings can call, write, email city hall if they have any questions on the downtown project. Commissioner Alongi asked how the city was leveling the playing field by using TIF in this situation. Director Grossman stated that TIF assembles ownership of properties. He stated that additional utilities, including water supply are needed for the proposed uses. Looping water mains in this area would also be needed. The number of public utility easements, environmental conditions, parking conditions and bed rock conditions are additional costs for developers to overcome. TIF is used to reduce these costs. Commissioner Alongi asked about the changes in parking on site. Mr. Bruggerman stated that they reduced the building on the south side of 2nd and gained some parking there. With the changes, parking was reduced slightly for retail space. Commissioner Alongi asked about the condominiums. Mr. Bruggerman stated that it stayed the same, each building meets its required parking numbers. Commissioner Truax asked if the parking under the new deck/roof was shared parking. Jay Nelson, the architect with Sherman Associates, stated that it was not shared parking. It was for condo use only. It was to help reduce any need for condominium residence from parking on the streets. Commissioner Alongi stated he felt the condominiums are maximizing the view of the downtown. He stated the retail on the south of 2nd Street has reduced and the retail on Block 1 has stayed the same, but the restaurant has increased; however, the parking has reduced. He stated the destination point must be in plans at concept plans and not until after concept plans are approved. He felt Sherman should open the process to any restaurant or banquet facility interested, so it is known when the plans go through- Planning Commission and Council. The Heart of Hastings plan did a good job, but the residence amended the plan and it doesn't mean it will be accepted. He felt th~~e plans do not get us to where we should be. Commissioner Twedt stated he read a goal from the Heart of Hastings Plan and feels this proposal does not meet the plan. Commissioner McInnis asked what the proposed phasing plans are and the intensions for the study areas. Mr. Bruggerman stated that Block 3 was originally going to be the starting of the project. Based on more studies they changed the phases to start with Block 1. He stated the market study helped shape the proposed plans as well as public meetings. He clarified that TIF is not helping the development of the condominiums; it is actually helping the development of the restaurant, gazebo, esplanade, etc. Study showed that a smaller restaurant would have an $800,000 gap and TIF can help make the difference. A large scale restaurant would need 450 parking spaces, but the downtown does not have the space for it. He stated block 2 will have a challenge providing their own parking, not to include the spaces for a 20,000 square foot restaurant. He clarified that they are starting with the 28 unit condo building to generate funds and typically TIF takes about 2 years to generate. The restaurant would be the second building constructed, however, he does not know who that would be. He stated they need TIF in order to construct the restaurant building. He stated the third to develop is the north side of 2nd Street and the south side would be last. He clarified that the study area shown on the map would stay as parking lot as a reliever to Block 1 at this time. Block 4, which is the substation, is a TIF consumer. Commissioner McInnis asked if the study areas on Block 3 and 4 is to help during the construction then if the substation is moved the parking should not be an issue. Commissioner Twedt asked about the parking structure on Block 16. Mr. Bruggerman stated there is a possibility for transit funds, either via commuter rail or bussing. Commissioner Twedt asked if the parking ramps could be revenue producing. Mr. Bruggerman stated that it would not be a good idea to meter or charge for parking in Hastings. It may prevent people from visiting downtown. He stated it is expensive to build, maintain and operate a parking ramp. Commissioner Truax stated that he appreciates the round about being taken out on Tyler Street. He asked about the study areas and who was doing the study on block 3. Mr. Bruggerman stated that Sherman Associates are doing the study on Block 3 & 4. He stated there is a possibility the substation could be relocated. Commission Truax stated he was concerned the parking for the Legion may be reduced. He mentioned the Downtown Advisory Committee and how he has not seen anything come to Planning Commission froirithat group. He stated that he just recently learned about all these different committees and groups for the downtown project and that some people are very intimidated by the process. He stated he talked with Shawn Moynihan about a referendum, but they are only for bonds. He stated his concern on parking shortage and that it can't have a shortage. He commented using Block 3 for parking now is fine, however, what happens when Block 3 is developed. Would Ahern's group have to place all the parking on their block? Director Hinzman stated the city is wearing hats of regulator and developer. The Planning Commission is seen as regulators. Up to this point, the plans shown have been conceptual plans and now plans are moving to be more final and reality . Commissioner Alongi stated he was concerned if Planning Commission waits until there's a block by block review and by one of the last blocks to review there ends up being a parking issue. Vice Chair Hollenbeck stated that she feels Sherman's plan is extending what already exists downtown. She feels that the current downtown has existed for over 100 years and feels the plan would be a great addition. VII- 2 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 18, 2004 Subject: Public Hearing - Annexation #2004-51 - South Frontage Road south of Xcel Energy Substation - Paul Augustine REQUEST The City Council is asked to hold a public hearing to consider adopting an ordinance of annexation as petitioned by Paul Augustine for approximately 0.56 acres generally located west of the Xcel Energy substation. The property would accommodate the future extension of South Frontage Road in conjunction with the Vitt\Centex property located directly to the south. The City Council considered first reading of the annexation ordinance at the September 7, 2004 meeting. RECOMMENDED ACTION Approval of the annexation is recommended. The property has been identified for annexation under the 2020 Comprehensive Plan. The additional property will allow for the construction of South Frontage Road further north to provide additional separation between the recently approved Centex Townhome project and adjacent single family homes. The cost of the road would be the sole responsibility of the developer. ATTACHMENTS . Ordinance . Petition for Annexation - Augustine . Location Map . Vitt Property Preliminary Plat Proposal BACKGROUND INFORMATION Comprehensive Plan Classification The property has been identified for future annexation in the 2020 Comprehensive Plan and designated as C, Commercial. Zoning Classification The property would be zoned A - Agriculture upon incorporation. The property would likely be rezoned consistent with adjoining land uses upon development. Adjacent Zoning and Land Use West ExistinQ Use Vacant Xcel Substation Vacant Proposed Townhomes Vacant ZoninQ Nininger Twp. Nininger Twp. A - Agriculture Proposed R-3 PRD Nininger Twp Comp Plan C -Commercial P - Public U-II (4-8 units) U-II (4-8 units) Not in Comp Plan Direction North East South Existing Condition The site is vacant and is currently farmed. Proposed Improvements The property would be part of the future extension of South Frontage Road. ORDINANCE NO. AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY PAUL, ROBERT, AND ROSEMARY AUGUSTINE, AND ROSE MARIE SIEBEN PREAMBLE Paul, Robert, and Rosemary Augustine, and Rose Marie Sieben have represented to the city of Hastings that they are the sole owners of property described as: That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Minnesota described as follows: Commencing at the northwest comer of Outlot C, SUNSET WEST, according to the recorded plat thereof, Dakota County, Minnesota; thence North 00 degrees 19 minutes 27 seconds West, assumed bearing, along the west line of said Northeast Quarter of the Southeast Quarter, a distance of 557.27 feet to a point on a line 603.00 feet south of the southerly right of way line of Trunk Highway No. 55 and to the point of beginning; thence continuing North 00 degrees 19 minutes 27 seconds West along said west line of the Northeast Quarter of the Southeast Quarter, a distance of 33.00 feet; thence North 89 degrees 27 minutes 02 seconds East, a distance of 671.12 feet; thence South 78 degrees 02 minutes 49 seconds East, a distance of 152.44 feet to a point on said line 603.00 feet south of the southerly right of way line of Trunk Highway No. 55; thence South 89 degrees 27 minutes 02 seconds West along said line a distance of 820.07 feet to the point of beginning. That the property is unincorporated; it abuts the limits of the City of Hastings; is not included within any other municipality; is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is approximately 0.56 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 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 directed to file a certified copy of this Ordinance with the Minnesota Office of Planning; Nininger Township; Dakota County and the Minnesota Secretary of State. Section 5. This 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. Adopted by the City Council of the City of Hastings, this 18th day of October, 2004. Ayes: Nays: Michael D. Werner Mayor ATTEST: Shawn Moynihan Deputy City Clerk Certification Shawn Moynihan, Deputy 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 duly adopted at a regular meeting of the City Council of the City of Hastings held on the 18th day of October, 2004. (SEAL) Shawn Moynihan Deputy City Clerk #dO()~- ,~( August 11, 2004 City of Hastings Attn: Dave Osberg City Administrator 101 4th Street East Hastings, MN 55033 RE: Annexation Petition Dear Dave: Enclosed please find the petition for Annexation for a 0.56 acre parcel of property c~ently in Nininger Town~hip. Please present this ~or publication at the next ~vailable City Council meeting. If you have any questions or need anything further from me, please call me at (612) 313- 0124. Sincerely, r----- Q.(I/". {f ",:"~y ~ C ~ , , .^.A z:r: .'6_-"06~~ Paul Augustine - .--". ;!..11'.J/ ~ August JX., 2004 City of Hastings Attn: Dave Osberg City Administrator 101 4th Street East Hastings, MN 55033 RE: Annexation Petition Dear Mr. Osberg: The owners of approximately 0.56 acres of land in Nininger Township, as evidenced by their signatures attached hereto, hereby petition for the annexation of approximateJy 0.56 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. IN WITNESS WHEREOF, the parties executed this Amendment under seal as of the date and year first above written. OWNER: ~ IV" ~. By: ~~t2- ROb~U~S1" Dated: - / - OWNER: By: Paul A~" Dated: (!'- - ....../ "-..[c .~ . <~~ .. OWNER: // ,- BY:,~~ Rosemary A gustlne Dated: .7--/1..-0'1- . OWNER: By: r/P~9r{~~ Rose Marie Sieben . D~ted: t1'l~(J i I 7;) rJrJ ~ OWNER: BY:M.f~~;/::ifCfe~ Del~_~ Dated: . - . . EXHIBIT A: (LEGAL DESCRIPTION) That part of the Northeast Quarter of the Southeast Quarter of Section 30, Township 115, Range 17, Dakota County, Mirtnesota described as follows: Commencing at the northwest comer of Outlot C, SUNSET WEST, according to the recorded plat thereof, Dakota County, Minnesota; thence North 00 degrees 19 minutes 27 Seconds West, assumed bearing, along the west line of said Northeast Quarter of the Southeast Quarter, a distance of 557.27 feet to a point on a line 603.00 feet south of the southerly light of way line of Trunk Hwy. No. 55 and to the point of beginning; thence continuing North 00 degrees 19 minutes 27 Seconds West along said west line of the Northeast Quarter of the Southeast Quarter, a distance of 33.00 feet; thence North 89 degrees 27 minutes 02 seconds East, a distance of 671.12 feet; thence South 78 degrees 02 minutes 49 seconds East, a distance of 152.44 feet to a point on said line 603.00 feet south of the southerly right of way line of Trunk Hwy. No. 55; thence South 89 degrees 27 minutes 02 seconds West, along said line a distance of 820.07 feet to the point of beginning. Containing 0.56 Acres. * -e> -... Q., ~ CI\ ~ , - -F -r ~ ~ ~ I - ~ ....' ! , Iii 11 i '! ~ eJ i:I . " ~ i ~ir , 0 , ... 1 ~ i a E ~ . ~ ~ e ~. , ~ l' . . - i If IIi Iii . ,h ~ ,I' I" S "i1 f ,.J f III I~ Iii , - I - m - n f" tI) Jg= ff~ i:J;: ~o US m I ~ < I "d .... tI).... ""I.... .... '< i:.a r .. 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U If P I~ i~ lji 'i if IU {I " j iT J'fW ~ H I I' II- 'if, I~jl if &{ }'I! j l!l"fl II! II fUll Iii 'IIi '1~ tlli: it I, ~.' hf ".','h1 Uti! " I'f! ,f }~t H~1 PI h Ii h ~I finl -I"if[l " f!h, !., ;;'} n i ~I j. f, ~ jl I;. IlIJ:!IO; iUrl ! ~~ ~ i: ,J!! I: i~i' [!t: [il i~ i Ii! II IIHl i~~lffi Ii ~!:~; il Ii t, H i H ~i il f i! ;;1 I :,rmt 1.,U 2 ~~ ~ i ~rf ~ ill fItl i~i Ii i '.i II ~.I~I' ai,r:.i if ,jlh !~ i: i~ ", t~ "I I: iI ; '"I'! II ! it IIi! It;;1 i 'j... 'J ~ h il~' .0. i' { ;, ,. '1[' "!l["!( 11'1 J1" ; 0 · J ,J ' J ! J" "J I · hI ~~ ~ f ii; i n if! m r{ i n !i !.,H iiH,H I~ H:h ii Ii H ~ ~ : t~!~ ! i;: i j i i iJ,1 J!i:I ~~ ~; !it ! ;1 !!I hi Ii ~ il. (! ilUi Wliii : iltH !i j Ii i 1 ! Ii : 1 H i J i J i;1 !~l!~ i~ ~l ,,' i r ~I ~t' f! 1 .~! 'i i! ' ~J ' , ~ { I' ,j Ii! : I~ 'I ~ '....~ ..J VIII-A-1 MEMO To: From: Date: Re: Honorable Mayor and City Council Tom Montgomery October 13,2004 Appeal of24 ft. Driveway Width Ordinance Requirement -765 River Street Attached is a request from Dwayne and Gail Curl of765 River Street appealing a City staff decision to deny their request to widen an existing common driveway serving a twin home on River Street from 22 feet to 32 feet in width. Section 11.06, Subd. 6, Paragraph C of the City Code reads as follows; "Said driveway access shall not exceed 24 feet in width for residential uses and 32 feet in width for commercial, industrial or office uses at the public right-of-way line and shall be so located as to cause the least interference with traffic movement. " Mr. Curl's request to expand the existing common driveway was denied, but he was told that if the common driveway was divided into two separate driveways with a minimum 3 ft. landscaped space in between, then he would be permitted a driveway width up to 24 feet wide (see picture below). Sepllrate Wider DrIveway -...- Sit. wide ~..ed apaee Mr. Curl's appeal includes pictures of common twin home driveways in the Cari Park Addition that are 40 feet wide. These driveways were constructed prior to the adoption of the current building permit review process requiring certificates of survey and review by Building, Planning and Engineering Departments, ensuring uniform interpretation and enforcement of City ordinances and policies. Council may recall that site plans for the recent townhome developments in Glendale Heights, South Oaks, and Riverwood all require a minimum three foot landscaped separation between individual unit driveways. STAFF RECOMMENDATION I am recommending denial of Mr. Curl's request to widen the existing common driveway. /t-l.j- d()/)~ .._ JJ. tV.-'-(.. tJ/.J~ ... 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H'~. ~~~ ~ rvwJ: ~ &-t~'L ..~ Uut!- I Prooon y Address iy lender .f.I~ ~rrlAL-:U dK--- .Ax-I-H:A'e.,z~ ~'<-~~~&Li~ r~ C~. :2 J/IL'LJ' d~z- '-f-U.. ~.~. n e ..' ;'.;~~f:.^~-~.-'r., _,,;.::.>_.t~ -. - -~ ...--..-- 10 -'/ - .;20 0 'I 1954 COMPARABLE U 5~ ;< K ..z.; ( cI d!IZ r!.. !&, !J7 J IT-' '1.1"0 ~~l.:1'{'(. Ilf.J.-.. t\ f2;,2-vVe- i..-C 7:t:1~' \J 4Dr-L ~_,<'/1'V{ 'LA/rUJL-- -~--'--' '/ 1">1 COMPARABLE '2 3 g ~l (~L./~L (J~,uh - 2ittA I/- (~4IZ'''1L;r-J j\. ,,:J I.A)7C.<..L (,-) ,/2...{.,r - t/ ..... n'_ (f ~.-::J- Lj () I~pi: r. -/1 {t/2/L/'i!.J -kAi/;!.- '--, ~ .. 17TH 1911/ r' i ~ co :;: ... '" II> ... ~ o o o 21S 23RD ~ a $0II''''\f...... w.p(C>1984-1999 ETAK IN(; Courte91 ct Statewide Appraisal SeNiC8 763-241-5250 ..J .. II: ... .. ::J CI ...~_.~,-_._--~ 31S1 :>> 5 u ..J i 36TH Scale: lID S 2 3 Data Price 2/09/02 13'750 Clos~ 7101133200 Clo8ed 11/0151900 AM BR Bill! SqFI 521 Addr... 765 RIVER S'I' 384 CARl PARK LII 221 '11WAIIY DR ~ Proximity 0.00 HI . 1.64 HI SE 1.90 HI SE VII-1 & VIII-B-1, 2, 3, 4 October 13, 2004 TO: The Honorable Mayor and City Council FROM: John Grossman HRA Director RE: Next steps in Downtown Redevelopment Process A. Public Hearing on the Modification to Redevelopment Area and Establishment of TIF District #4. Presentations by Jessica Cook of Ehlers Associates and Dan Cornejo of Short Elliot Hendrickson. B. Presentation on Master Plan and Master Preliminary Agreement by John Grossman, Jessica Cook of Ehlers Associates and Loren Brueggemann, Sherman Associates C. Council action on four items to continue process: 1. Approve resolution adopting modification to Hastings Downtown Redevelopment Area and Establish Tax Increment Financing District #4. 2. Approve resolution eliminating parcels from Downtown TIF District # 1. (these parcels go to new district) 3. Adopt a motion to approve Master Redevelopment Plan and Design Concepts. 4. Adopt a motion to approve Master Preliminary Redevelopment Agreement and authorize its execution. Documents attached: 1. Memo from staff summarizing materials and actions 2. Memo from Ehlers on key points ofTIF Plan and Master Agreement 3. Resolutions for both TIF actions 4. Tax Increment document for modification of the area and establishment of District #4 prepared by Ehlers 5. Tax Increment study of proposed district by SEH (executive summary) finding that it qualifies as a redevelopment district. 6. Planning Commission resolution of fmdings on TIF Plan. 7. Sherman's master redevelopment plan for Blocks 1,2, 3, 4, 16 and 29 with emphasis on block 1, 16 and 29. 8. Sherman's design concept drawings for two buildings. 9. Master Preliminary Redevelopment Agreem~nt between Sherman Associates, HRA and City Council. . 10.Minutes from commissions, committees and joint HRA-Council meetings. Hastings Star Gazette October 7, 2004 Illegal notices and changes Is noon Monday HAMPTON TOWNSHIP ,IC HEARING CANCELLATION NOTICE Jratorium on building sheds has been can- -he Public Hearing that waS scheduled for 3.torium had been cancelled. Eunice Schiller Hampton Township Clerk OF PUBLIC HEARING FlOIX VALLEY WATER MAN- ,NT ORGANIZATION REBY GIVEN that the Lower alley Water Management lall hold a public hearing pur- ota Statutes' 103B.231, Subd. hear public comments on the 2nd Generation Water an. A copy of the plan is avail- at m/watershed_districtsllscw- on request from Kevin K. \., 1805 Woodlane Drive, 55125. .aring shall be held before the Iter Management Organization , October 13, 2004, at 6:00 he Denmark Town Hall, 14008 ~tlngs" MN 55003 and 'Is open citizens. day of September, 2004. THE LOWER ST. CROIX VAL. Io1ANAGEMENT ORGANIZA- Is/Cheryl A. Kohls Cheryl A. Kohls ClerklTreasurer ORDER OF HEARING ON FI FORMAL ADJUDICATION .CY, DETERMINATION OF 'OINTMENT OF PERSONAL !NTATlVE AND NOTICE o CREDITORS IIESOTA "KOTA RT SION L DISTRICT 5-04-9606 I S. PARKER, I and Notice Is given that on 04 at 9:00 (a.m.) a hearing wl!1 :ourt at Dakota County District N. Highway 55, Hastings, the adjudication of intestacy In of Mirshlp of the Decedent, pointment of Christopher S. address Is: 1556 84th Street, WI 54017 ' esentatlve of the Estate of the d UNSUPERVISED admlnls- <:tlons to the Petition must be ourt prior to or raised at the r and no objections are filed or sonal representative will be full power to administer the Ig the power to coliect all egal debts, claims, taxes and II real and personal property, ....ry acts for the Estate. len that (subject to Minn. Stat. '8dRors having claims against qulred to prs&ent the cIaIma to p_tatlva, or to 1I1e Court = =:nthe alter the date NOTICE AND ORDER OF HEARING ON PETITION FOR FORMAL ADJUDICATION OF. INTJ:STACY, DETERMINATION OF HEIRSHIP, APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS STATE OF MINNESOTA COUNTY OF DAKOTA DISTRICT COURT PROBATE DIVISION FIRST JUDICIAL DISTRICT Court FileNo. P1-04-9585 ESTATE OF James Bennis, Jr., aIkIa NOTICE AND ORDER OF HEARING ON James R. Bennis, Jr. ' PETITION FOR SUMMARY ASSIGNMENT DECEDENT 'OR DISTRIBUTION UNDER JUDGMENT AND DECREE It Is Ordered and Notice Is given that on EXEMPT ESTATE STATE OF MINNESOTA November 1, 2004 at 9:00 (a.m:) a hearing will STATE OF MINNESOTA COUNTY OF DAKOTA be held in this Court at Dakota ,County COUNTY OF DAKOTA DISTRICT COURT Government Center, 15aO Highway 55, DISTRICT COURT FIRST JUDICIAL DISTRICT Hastings, Minnesota, for the adjudication of PROBATE DIVISION Court File NO. 19-C3..()4-7921 Intestacy and determination of heirship of the FIRST JUDICIAL DISTRICT Case Type: Other, Civil Decedent, and for the appointment of Jamie Court File No. P0-04-9559 " U.S. Bank Natklnal Association, successor Nawrocki whose address is: 4000 Shannon ESTATE OF: Bonnie Marie Larkin' by merger with Firstar Bank, N.A. Drive, Hastings, MN 55033 DECEDENT Plaintiff, (2) Jennifer Bennis, aIkIa Jennifer L Bennis Notice Is given that a petition has been flied vs. whose address Is: 14520 Cobalt Avenue, requesting that the Estate assets be summari: ..Jason D. Pietrzak, Ann L Pietrzak, ~reen Rosemount, MN 55068 Iy assigned and distlibuted without probate' ,Tree Financial loan Company Corporation as personal representative of the Estate of the administration: . f/kla Green Tree Loan Company, John Decedent in an UNSUPERVISED administra- Any objections to the petition must be filed ,Doe and Mary Rowe, ' lion., Any objections to the Petition must be with the Court prior to or raised at the hearing. Defendants. filed with the Court prior to or raised at the If proper, and if no objections or claims are NOTICE IS HEREBY GIVEN, that by virtue hearing. If proper and if no objections are filed filed or raised, the Court may Issue' a decree of a Judgment entered in the above entitled or raised, the personal representative will be distributing or assigning the Estate's assets. action on August 11, 2004, a certified copy of appointed with full power to administer the It Is Ordered and Notice is now given that the which has been delivered to me and which is Estate, including the power to collect ail Petition will be heard on October 18, 2004, at attached hereto, directing the sale of the assets, pay all legal debts, claims, taxes, and 9:00 (a.m.) by this Court at Dakota County premises herinafter described to satlsty 1I1e expenses, to sell real and personal property: Judicial Center, 1560 Highway 55, Hastings, amount found and adjudged due said plaintiff and do all necessary acts for the Estate. Minnesota. in' the above-entitled action, . the Sheriff of Notice Is also given that (subject to Minn. Stat. Notice 'Is further given that (subject to Minn. Dakota County will sell at public aucllon, to the 524.3-8(1) all credRors having claims against Stat. 524.3-801) all creditors having claims highest bidder for cash. on November 10, ' the Estate are required to present Ihe claims to against the Estate are required to present the 2004, at 10:00 a.m., at Dakota County Sheriff's the personal representative or to the Court Administrator within four monthe after the date cfaims to the Court Administrator within four OffIce, 1580 West Highway 55, In the City of of this Notice or the claims will be ben'8d. months after the data of this Notice or the Hastings, State of Minnesota, In said state and ;.::=: !F:~r_~";0::..,;" ' :": \~~~,S~P~:~~7' ~ Rk:hard G. Spar, .'. E~:~~~t;~~:~ :::'::~ed .~~tty~~~~J:~;i~~~{f,;i;~'i;;~:;.\~pt~~<fj~4,;,:rsZ;~1>=~~ ~.I~\"~~$!C)1:ciWM&.~TIiiIi~.1t.~~~~:.,,t.:;:':t'f.ow:-..~~~?,\-:t"i~'2:"_'i...._+~~i.1f:'!..;!_'O';'~;20_t-.'....IeJ.---........ ......a-.L..o CERTIFICATE OF ASSUMED NAME MINNESOTA SECRETARY OF STATE Minnesota Statutes Chapter 333 1. State the exact assumed name under which the business is or will be conducted: Beauty By Brandi 2. State the address of the principal place of business. 12745 E. 190th St., Hastings, MN 55033 3. Ust the name and complete street address of all persons conducting business under the above Assumed Name: Brandl Reuter, 12745 E. 190th St., Hastings, MN 55033 4. I certify that I am authorized to sign this cer- tIfIc~te and I further certify that I understand that by signing this certificate, I am subjectto the penalties of perjury as set forth In Minnesota Statutes section 609.48 as if I had signed this certificate under oath. , Dated: September 9, 2004 Is/ Brandi Reuter, Owner Contact person: Brandl Reuter 651-437-4295 9/30-10/7 PUBLIC NOTICES ... NOTICE OF PUBLIC HEARING CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Hastings, Dakota County, State of Minnesota, will hold a public hearing on October 18, 2004, at approximately 7:00 P.M. at the City of Hastings City Council Chambers ,in City Hall, 10'1 4th Street East, Hastings, Minnesota, relating to the proposed adoption of a Modification to the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan Modification") for the Hastings Downtown Redevelopment Area (the "Downtown Project Area") and the proposed establishment of Tax Increment Financing District No.4 (a redevelopment tax increment financing district) within the Downtown Project Area, and the proposed adoption of a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to col- lec,tively herein as the "Plans"), pursuant to Minnesota Statutes, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, all inclusive, as amended. Copies of the Plans are on file and available for public Inspection at the office of the City Clerk at City Hall. The property to be included In Tax Increment Financing District No.4 Is located within the Downtown Project Area and the City of Hastings. A map of Tax Increment Financing District NO.4 and the Downtown Project Area is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No.4 may be spent on eligible uses within the boundaries of the Downtown Project Area. TAX INCREMENT FINANCING DISTRICT NO.4 THE HASTINOS DOWNTOWN REDEVELOPMENT AREA ("DOWNTOWN PROJECT AREA UI.nd -........- ,.,.....-or ~...._..... -.....-- All Interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA Is/ Melanie Mesko Lee City Clerk 10n NOTICE OF SHERIFF'S SALE NOTICE OF MOl FORECLOSUR, NOTICE IS HEREBY c: has occurred in the conditi mortgage dated February . by Lena G. Diaz, a single gagor(s), to Signal Bank, II in the original principai Thousand ($10,000.000) record in the office of tt Recorder, State of Minnes 1998, and recorded as poc all preforeclosure notice requirements have been COI action or proceeding has be or otherwise to recover th. said mortgage, or any part tl due and claimed to be du gage the sum of Ten Thou Fifty-one ($10,651.00) Doll, interest to the date hereof; a the power of sale therein co gage will be foreclosed an lying and being in Dakota ( described as follows; Lot 2" Block 2, Gretsfeld County, Minnesota; will be solf! by the sheriff of : IIc auction on, November o'clock A.M. at Sheri! Enforcement Center, 1580 city of Hastings, In said st; pay the debt then secured and taxes, if any, on said costs and disbursements, il fees, allowed by law, subjec the mortgagor(s), her heirs six (6) months from said da THE TIME ALLOWED REDEMPTION BY THE MC MORTGAGOR'S PERSOr TATIVES OR ASSIGNS, M TO FIVE WEEKS IF A JUt ENTERED UNDER MINNE !j582.032, DETERMINING THINGS, THAT THE MORl ES ARE IMPROVED Win DWELLING OF LESS TI- ARE NOT PROPERTY U~ TURAL PRODUCTION, ! DON ED. bated: September 8, 2004 Associated Bal (succ' merger te Ralph L Moore STEIN & MOORE, P.A. Attomeys for Mortgagee 332 Minnesota Street, 1fW- SI. Paul, MN 55101 651-224-9663 9/9-10114 CERTIFlCATJ: OF AS~ MINNESOTA SECRETAR) Minnesota StaMes Chapte 1. State the exact assumed the business Is or will be co Educational Support 2. State the address of thl , business: 475 Flora 51. 54021-1958. 3. Ust the name and com~ of all persons conducting I above Assumed Name: ~ Flora St. 5., PresCott, WI 5 4. I certify that I am authori tificate and I further certi~ that by signing this certiflC: the 'penalties of perjul) Minnesota Statutes sectlor signed this certificate unde Dated July 13, 2004 Is! Mary C. Ba; ,Mary C. Ba 7~5.262-4201 day 10n-14 VIII-B-5 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 18, 2004 Subject: Adopt Ordinance - Annexation #2004-51 - South Frontage Road south of Xcel Energy Substation - Paul Augustine REQUEST Please see the Public Hearing Staff Report for further information. VIII-B-6 Plastic Printers Building Addition - Site Plan Review City Council - October 18, 2004 1 Memo To: Mayor Werner and City Council From: Courtney Wiekert, Planning Intern Date: October 18, 2004 Subject: Resolution - Plastic Printers - Site Plan Review #2004-52 - Construction of a +/- 6,500 s. f. Building Addition- 2750 Millard Avenue. REQUEST Jerry Perkins with Plastic Printers seeks a Site Plan Approval to construct a +/- 6,500 square foot warehouse building north of their existing building at 2750 Millard Avenue in the Hastings Industrial Park. RECOMMENDATION The Planning Commission recommended approval of the site plan review at their October 11, 2004 meeting. There was limited discussion by the Planning Commission. They asked if the outstanding items needed to be addressed before any approvals were to be made. Staff assured the Commissioners the applicant would have to address them before presenting them to council. There was concern on the circulation of large trucks in the parking lot. The owner ~tated the company only receives about 2 semi trucks a year. The owner asked if changes to the elevations could be altered in order to reduce some of the cost on the building. Staff clarified that the changes would have to be received before the City Council. Staff recommends approval of the attached resolution. ATTACHMENTS · Location Map · Colored Elevations · Plan Set · Application Plastic Printers Building Addition - Site Plan Review City Council- October 18, 2004 2 BACKGROUND INFORMATION Comprehensive Plan Classification The plan is consistent with the Comprehensive Plan. The subject property is guided I-Industrial in the Hastings Comprehensive Plan. Zoning Classification The plan is consistent with the zoning ordinance. The site is zoned 1-1 - Industrial Park. Manufacturing, wholesaling, and material storage and sales are permitted uses in the district. Adjacent Zoning and Land Use The following land uses abuts the site: Direction Existing Use Zoning Com Plan North Dwyer and Assoc. 1-1 - Industrial Park I -Industrial Spiral Blvd. East AM F Investment 1-1 -Industrial Park I - Industrial Millard Avenue West Waste Manaqement 1-1 - Industrial Park I - Industrial South Waste Manaqement 1-1 - Industrial Park I - Industrial Existing Condition The site has a 2,400 sJ. building located on the south side of the property. The new addition would be attached on the north of the existing building. The lot is flat and treeless. There is a drainage ditch along the edge of the property. Proposal A +/- 6,500 s. f. warehouse building with additional parking and loading is proposed. The front and north side of the building will meet the current architectural standards and would be accessed from the existing drive on Millard Avenue. The owner will utilize the existing building and most of the addition. There is potential leasing of space on the north portion of the addition. SITE PLAN REVIEW Building Setbacks Building setbacks are determined through site plan review in the Industrial Park District. Building Setbacks are acceptable, and are a$follows: Setbacks Front Yard Setback - Millard Avenue North Side Yard Setback - S iral Blvd. Rear Yard Setback - Waste M mt South Side Yard Setback - Waste M mt Plastic Printers Building Addition - Site Plan Review City Council- October 18, 2004 3 Access and Circulation The site will be served with a single access to Millard Avenue. Loading is located in the parking lot and will eliminate potential parking stalls on the east side. Staff has concern with the overhang garage door on the south side of the building addition. There is no potential access at the location of this door. Access and circulation are acceptable with the following conditions: 1. Stripe the area where loading will need maneuvering access where parking stalls could be used. Parking . The site meets minimum parking requirements. All parking areas must be surrounded by concrete curb and gutter. The owner currently has 6 employees and does not propose to add more with the addition. Parking is provided as follows: Site Warehouse Building Existing - 2,400 s. f. Addition - +/-6,500 s. f. Total = +/- 8,736 s. f. The owner has identified that there will be one additional tenant in the building, which is an irrigation company. The owner will not be leasing two spaces at this time. The second tenant entrance and sidewalk, on the north side of the building, is drawn with dashed lines to indicate that it will not be constructed with the new addition. The maximum usage of the lease spaces are as follows. Future Lease Site Space #1 = 968 s. f. Space #2 = 1600 s. f. *Plastic Printers would require 6 spaces if Space #1 & #2 are leased. Maximum Usa e Space #1 - Office Space #2 - Warehouse/Manufacturing U to 5 em 10 ees Space #1 - Warehouse/Manufacturing Up to 3 employees Space #2 - Office aces 1 :300 s. f. 14 Total S aces Parking is acceptable with the following conditions: 1. Parking must meet city zoning code if s'pace is leased to other businesses. 2. Prohibit on-street parking in order for new businesses to lease additional space. Plastic Printers Building Addition - Site Plan Review City Council- October 18, 2004 4 Parking Lot Setback The parking lot meets minimum setback requirements. Pedestrian Access A sidewalk is proposed to continue from the existing building along the front and north side of the new building. The sidewalk is acceptable. Architectural Elevations Architectural elevations for the new building do meet the minimum requirements. The building fagade and north elevations are primarily nova brick with a red metal band and a dark brown metal roof. The new building is similar to the existing building on the rear and south elevations. Staff recommends that the fagade of the existing building be similar to the new addition. Waste Disposal A method for waste disposal has been identified to be handled inside the building. Storage of exterior materials and waste shall be prohibited. All waste enclosures shall be enclosed on all four sides to fully screen the contents, and constructed with exterior materials to match the primary building. Landscape Plan The landscape plan incorporates a variety of trees and shrubs along the building and parking lot. The trees along the north side appear to be in the drainage ditch which is not recommended by staff. Trees should not be planted over utility pipes. The landscape plan is acceptable with the following conditions: 1. The trees are at least 2-2 %" in diameter at planting. 2. No trees and shrubs shall be placed within the drainage ditch. 3. Provide boulevard trees at least every 50 feet along Spiral Boulevard so long as it is outside the drainage ditch. 4. Replace the spring snow crab tree, adjacent to the drive way access, with a boulevard tree. 5. Method of installation for alllan~scaping must be identified. 6. All landscaped areas must be irrigated. Lighting Plan Lighting for the parking lot is not proposed. A photometric plan for any parking lot lighting must be submitted for approval by the Planning Director prior to installation. Signage Plastic Printers Building Addition - Site Plan Review City Council - October 18, 2004 5 The site contains a wall sign on the existing building. A monument sign is proposed on the corner lot of Spiral Boulevard and Millard Avenue. There is no proposal for any additional wall signs on the new addition. Any signage must be approved by the Planning Department prior to being placed on the site. Grading, Drainage, Erosion Control, and Utility Plans The Grading, Drainage, Erosion Control, and Utility Plans have been forwarded to BDM Engineering for review and comment. Review comments must be adequately addressed before the plan is scheduled for final review by the City Council. Grading, Drainage, and Erosion Control plan and Utility plan approval must be obtained by the Public Works Director as a condition of approval. RECOMMENDED ACTION Approval of the Site Plan is recommended subject to the following conditions: 1. Stripe the area where loading will need maneuvering access where parking stalls could be utilized. 2. Prohibit allowing on-street parking in order accommodate new businesses to lease the additional space. 3. Buildings may need to be sprinkled as determined by the Building Official. 4. The fac;ade of the existing building be similar to the new addition. 5. The trees are at least 2-2 %" in diameter at planting. 6. Provide boulevard trees at least every 50 feet along Spiral Boulevard so long as it is outside the drainage ditch. 7. Replace the spring snow crab tree, adjacent to the drive way access, with a boulevard tree. 8. No trees shall be planted over utility pipes. 9. Method of installation for alllandscapi~g must be identified. 10.Alllandscaped areas must be irrigated. 11. Storage of exterior materials and waste shall be prohibited. All waste enclosures shall be enclosed on all four sides to fully screen the contents, and constructed with exterior materials to match the primary building. 12. A photometric plan for any parking lot lighting must be submitted for approval by the Planning Director prior to installation. Plastic Printers Building Addition - Site Plan Review City Council- October 18, 2004 6 13. Grading, Drainage, and Erosion Control plan and Utility plan must be obtained and approved by the Public Works Director. 14. Dedication of drainage and utility easement at the request of the Public Works Director. 15.Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 16.Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 17.Any signage on the site is required to obtain a sign permit from the Planning Department prior to being erected on site. 18.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. ~ ~ C) c: v+ c (.) ~z ~ 0 c: 0 :0:::; ro -- CD en U .... -- -- "'C C) en ~ ~ 0 fn .., ~ .., c:: c:: en (j) ....J !2 "C -- Q) C'C (,) Q) Q) c: .... ..c ~ cu C) =t 0 C'C - " m a:: a.. 0 CJ) -- Q) 1:5 - -- c.. ... ~ " -.J 0 II c.. m ":;'<.0 CD <( - (1J 0 .a a. . ....5 (1J '. 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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN FOR PLASTIC PRINTERS TO CONSTRUCT A BUILDING ADDITION AT 2750 MILLARD AVENUE, HASTINGS, MINNESOTA Council member and moved its adoption: introduced the following Resolution WHEREAS, Plastic Printers has petitioned for approval to construct a +/- 6,500 s.f. warehouse building on 2750 Millard Avenue, Hastings, Minnesota; and WHEREAS, on October 11, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Site Plan subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby concurs with the Planning Commission and approves the site plan request subject to the following conditions: 1. Stripe the area where loading will need maneuvering access where parking stalls could be utilized. 2. Prohibit allowing on-street parking in order accommodate new businesses to lease the additional space. . .. . 3. Buildings may need to be sprinkled as determined by the Building Official. 4. The fac;ade of the existing building be similar to the new addition. 5. The trees are at least 2-2 }2" in diameter at planting. 6. Provide boulevard trees at least every 50 feet along Spiral Boulevard so long as it is outside the drainage ditch. 7. Replace the spring snow crab tree, adjacent to the drive way access, with a boulevard tree. 8. No trees shall be planted over utility pipes. 9. Method of installation for all landscaping must be identified. 1 O.Alllandscaped areas must be irrigated. 11. Storage of exterior materials and waste shall be prohibited. All waste enclosures shall be enclosed on all four sides to fully screen the contents, and constructed with exterior materials to match the primary building. 12. A photometric plan for any parking lot lighting must be submitted for approval by the Planning Director prior to installation. 13. Grading, Drainage, and Erosion Control plan and Utility plan must be obtained and approved by the Public Works Director. 14. Dedication of drainage and utility easement at the request of the Public Works Director. 15.Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 16.Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 17.Any signage on the site is required to obtain a sign permit from the Planning Department prior to being erected on site. 18. 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 being put to a vote adopted by Ayes:_ Nays: Absent: ATTEST: Shawn Moynihan, Deputy City Clerk moved a second to this resolution and upon present. Michael D. Werner, Mayor I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of October, 2004 as disclosed by the records of the City of Hastings on file and of record in the office. Shawn Moynihan, Deputy City Clerk This instrument drafted by: City of Hastings (CTW) 101 4th S1. East Hastings, MN 55033 (SEAL) ~ldM.'vf{.u;~ l. ~fQAA- LAND USE AP (Vl~. . fbr: . . u (j' U/t' LlCATION.. ~.:P'*.;J:m-~ CITY OF HASTINGS - PLANNING DEPARTMENT th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Applicant: Name Address Phone Fax Email . Check appli ble box(es): Final Plat Minor Sub. Rezone. Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: ~ ....~ . Hl!t-. Phone Fax. Email e , and/or plat if applicable): " . Note: All tees and escrow amounts due at time of application. $600 $500 $500 $500 $250 . $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 s.f.: $1500 (Engineering) - 5;000 - 10,000 s.t.: $2500 ($500 Planning + $2000 Engineering) - 10,000 - 50,000 s.t.: $3250 ($750 Planning + $2500 Engineering) - 50,000 s.f. +: $4000 ($1000 Planning + $3000 Engineering) . Administrative Lot Split Comp Plan Amendment House Move Lot Line Adjustment Vacate ROW/Easement $50 $500 $500 $50 $400 Signature of Owner. ':/-t7 Rec'd By: '<f iJ,~~ Receipt # t 11 "'oQ~ . Date Rec'd -$/li/6r.-f CfI.J it703 App. Complete VIII-B-7 City of Hastings - Minor Subdivision - Lot 1, Block 3, Hastings Industrial Park NO.3 City Council Memo - October 18, 2004 Page 1 Memo To: Mayor Werner and City Council members From: Kris Jenson, Associate Planner Date: October 18, 2004 Subject: Resolution - City of Hastings - Minor Subdivision #2004-56 to subdivide Lot 1, Block 3, Hastings Industrial Park No.3 REQUEST The City of Hastings proposes to subdivide Lot 1, Block 3, Hastings Industrial Park NO.3 into two parcels. Parcel A is proposed to be 241 ,965 s.f. (5.55 acres), while Parcel B would be 87,987 s.f. (2.02 acres). This request is being made in conjunction with the site plan review for Westview Packaging. RECOMMENDATION The Planning Commission held a public hearing regarding this item at their October 11 th meeting. No one from the public spoke for or against the proposal. The Planning Commission recommended 6-0 to approve the minor subdivision. Staff recommends approval of the attached resolution. BACKGROUND INFORMATION Comprehensive Plan Classification The property is designated is designated I-Industrial. The proposed use ofthe property is consistent with the comprehensive plan designation for this area. Zoning Classification The subject property is zoned 1-1 -Industrial Park. The proposed use is consistent with permitted uses in this district. Existing Condition The site is undeveloped, relatively flat, and treeless. City of Hastings - Minor Subdivision - Lot 1, Block 3, Hastings Industrial Park No.3 City Council Memo - October 18, 2004 Page 2 Adjacent Zoning and land Use The following land uses abut the property: Direction ExistinQ Use North Spiral Blvd Vacant Enterprise Ave Vacant DSM Excavating TCCI, Inc. ZoninQ Comp Plan 1-1 - Ind. Park I - Industrial East South West 1-1 - Ind. Park 1-1 -Ind. Park 1-1 -Ind. Park I - Industrial I - Industrial I - Industrial MINOR SUBDIVISION REVIEW Background The existing lot has a platted size of 600' by 549.92', and is 7.58 acres in size. The City was approached by Westview Packaging to construct an office/warehouse facility at this location. When it was determined that Westview only needed 5.5 +/- acres, rather than the full 7.5 acres, the City decided to split the lot and reserve the remaining two acres for future development. Twin City Container Inc. (TCCI) has expressed an interest in the land for possible expansion. The parcel would also be available to another industrial use as a stand alone facility. Easements Drainage and utility easements currently exist along the north and east property line ofthe currently platted lot. Based on a request from the Public Works Director, Staff is recommending that 10' drainage and utility easements be added along the new property line, as well as along the entire length of the south property line. RECOMMENDED ACTION Motion to recommend approval of the minor subdivision of Lot 1, Block 3, Hastings Industrial Park No.3 to the City Council, with the following condition: 1) That 10' drainage and utility easements are added on each side of the newly created property line, as well as along the entire length of the south property line. ATTACHMENTS . Resolution . Location Map . Survey HASTINGS CITY COUNCIL RESOLUTION NO. 10-_-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A MINOR SUBDIVISION FOR LOT 1, BLOCK 3, HASTINGS INDUSTRIAL PARK, HASTINGS, MINNESOTA Council member introduced the following Resolution and moved its adoption: WHEREAS, the Hastings City Council has initiated consideration of a minor subdivision of the following legally described property: Lot 1, Block 3, HASTINGS INDUSTRIAL PARK NO.3, Dakota County, Minnesota Containing 5.55 acres, more or less. WHEREAS, on October 11, 2004, a Public Hearing on this proposed minor subdivision was held before the Planning Commission 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 minor subdivision is approved according to the regulations of Chapter 11 Section 11.10, with the following condition: - That a 10' drainage and utility easement be added on either side of the newly created property line, as well as along the entire length of the south property line of both parcels. Said minor subdivision shall create the following two legally described parcels: Parcel A The East 440.00 feet of Lot 1, Block 3, HASTINGS INDUSTRIAL PARK NO.3, on file and of record in the office of the County Recorder, Dakota County, Minnesota. Subject to easements of record. Containing 241,965 square feet, more or less. Parcel B Lot 1, Block 3, HASTINGS INDUSTRIAL PARK NO.3, on file and of record in the office of the County Recorder, Dakota County, Minnesota, except the East 440.00 feet there of. Subject to any easements of record. Containing 87,987 square feet, more or less. 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 moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on October 18, 2004 by the following vote: Ayes: Nays: Absent: ATTEST: Michael D. Werner, Mayor Shawn Moynihan, Deputy City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. 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ENTERPRISE AVE C) c: +=' ~1tI CJ)> c~ ~ _13 · . - · , , . ..: ,-, ,"", ,'''' ," . .. :-,....... ....; ~u..~ ~ ~........~ i....; >- :!:::O) -c ~o o ~ rJ>....... ...~ ..~ '~-~. . .: i.: F; ~ t- 10. ~ I · r:iI.i ~~~ -4. l.. ,:' . --1IlI filii .."; ..!~ ~ .-'T; i'~ ....'. .. ~~. .-.,:; n. .. ~ t- . -~:: -~. ,. ~" :: '~~~ii~::;;;- ':j'~'::~::~!: 'n_no' .... ~ ~ c .,.: w w ::> U! :J W ~ ~ 'Z ~ , . ~ W "- 0:: I.Q '~.,: a ~ g:re e: >- . '" ~ ~Ul N (f) ...-...J ......... 0: " U! Z wO tn ~ ~~ ~ m ~~ ~ o t;j" U! ~~l! ~~-o5 !~~i ;~;~ ... U 0 DO ~ ~"'.; ~ .1-013 re t~~8 -. ~I g~ .t '0 ~ ' .8 ~: ~ 0 ~~ z . -; ~~ ;::~ ~~ : . ~ ~ e, . ~8 0 ;2 i - . ~~ :8 . ~~ ~~ . -0 . ~ ~ ~ ~ a] ~: ~; ~: 5: :; oC~ ... v ~8 ;~ g!~ :~ . ;1:~~! ~ ..;!:i~ :; 3~.t~~ --.: . S 00"26'.45" E 5.9.92 FT CD ...J '" u ~ S 00"26'4-5" E 549.92 n z. "='f',! ;l~v',:! -'~I - ,~J ',now N)I\I' 1 _'.' ";'o'H ~ -'--"-'~ .- . ....~.~.. .:~~ ~~ .~ -. ," .. 3" ," "" '08 !: .: :~ -. g~ ~~ . "",.,1 ~ ~ ~ . x x x x o o cJ 2; uJ ~ ~ ~ !;t 8:: U ~ ]~~ o ~ ~ ~& ~~ ]~!l, <~h" : ~~~ !::J 5 >- :: o - -- ~ . ~ ~ ...J '" u ~ "- - ~ - [, J t~ I I I I I I I I I I I I - ,-. ,----_:." ~~- ~,- VIII-B-8 Westview Packaging - Site Plan Review City Council Memo - October 18,'2004 Page 1 Memo To: Mayor Werner and City Councilmembers From: Kris Jenson, Associate Planner Date: October 18, 2004 ." Resolution - Westview Packaging - Site Plan Review #2004-54 - Construction of an Office/W arehouse Facility - southeast corner of Spiral Boulevard and Enterprise Avenue. Subject: REQUEST Julie Trevis of Westview Packaging seek Site Plan Approval to construct a 68,000 +/- s.f. office/warehouse building at the southwest corner of Spiral Blvd and Enterprise Ave in the Hastings Industrial Park. RECOMMENDATION The Planning Commission reviewed this item at their October 11, 2004 meeting. Discussion centered on the proposed materials for the building and the proof of parking proposed for the site. The Commission recommended on 6-0 vote that the site plan be approved. Staff is recommending approval of the attached resolution. ATTACHMENTS . Location Map . Plan Set . Application Westview Packaging - Site Plan Review City Council Memo - October 18, 2004 Page 2 BACKGROUND INFORMATION Comprehensive Plan Classification The subject property is guided I-Industrial in the Hastings Comprehensive Plan. Zoning Classification The site is zoned 1-1 -Industrial Park. Wholesaling, and materials storage and sales are permitted uses in the district. Adjacent Zoning and Land Use The following land uses abuts the site: Direction North ExistinQ Use Spiral Blvd Vacant TCCI DSM Excavating Enterprise Ave Vacant ZoninQ Comp Plan East South West 1-1 - Industrial Park 1-1 - Industrial Park 1-1 - Industrial Park I - Industrial I - Industrial I - Industrial 1-1 - Industrial Park I - Industrial History Approval for the sale of land was granted by the City Council on October 4, 2004. Existing Condition The site is undeveloped and is flat and mostly treeless. There is a small area of trees on the southwest corner of the property, which are not impacted with this construction. Proposal A 68,000 sJ. office/warehouse building is proposed. SITE PLAN REVIEW Building Setbacks Building setbacks are determined through site p'lan review in the Industrial Park District. Building setbacks are acceptable, and are as follows: Setback Proposal Front Yard Setback - Spiral Blvd 35 feet West Side Yard Setback - Vacant Lot 50 feet East Side Yard Setback - Enterprise Ave 190 feet Rear Yard Setback - DSM Excavators 150+ feet Westview Packaging - Site Plan Review City Council Memo - October 18, 2004 Page 3 Access and Circulation There is sufficient area for circulation on the site. At the northwest corner of the site there is a small customer parking area with 7 spaces. This is also where the waste enclosure is located. Staff is recommending that the area be reconfigured to allow room for the garbage truck to turn around in the lot, rather than having to back into or out of the lot. The east side of the building includes an 18 space parking area adjacent to the office area, as well as parking directly west of the warehouse portion of the building. There is a loading area on the north side of the warehouse building, adjacent to the office. According to the applicant, this is used primarily by smaller trucks or 'cube vans'. The two parking spaces immediately across from the loading doors have been removed to allow for maneuvering room. Staff is recommending the removal of the driveway access to Spiral Blvd from the east parking area. The parking area can easily exit via the Enterprise Avenue driveway. Spiral Blvd is the main thru road in the Park, and the east driveway is 90' from the intersection with Enterprise Ave. The truck loading docks are located directly across from the Enterprise Avenue driveway. A fire access lane is also provided to the south end of the building. Parking The site meets minimum Site Warehouse Portion - 60,000 s.f. Office Portion - 8,000 s.f. Westview Packaging has indicated that they currently need about 10 parking spaces for their employees, and the program thru which they are purchasing the land from the City requires the creation of no less than 11 full-time positions within the next two years. Eight- eight parking spaces on this site are excessive, and Staff is recommending a portion ofthe parking lot be designated proof of parking. There are 3 rows of parking on the west side of the building, containing 47 spaces that could be eliminated as proof of parking. The spaces are still indicated on the site plan, a-nd should it ever be determined that the spaces are needed, the City could require the spaces to be constructe9, but until that point the spaces would remain as green space on the site. Parking Lot Setback The parking lot meets minimum setback requirements. The minimum setback shown on this site is 20'. Westview Packaging - Site Plan Review City Council Memo - October 18, 2004 Page 4 Pedestrian Access No new sidewalks or trails are proposed. Architectural Elevations Architectural Standards now require that the front fagade of industrial buildings be composed of at least 75% Class 1 or 2 materials, with Class 1 materials comprising at least 25% of the total fagade. The materials table is shown below. TABLE 10.28-1 Classes of Materials Class 1 Class 2 Class 3 · Brick . EIFS or Drivit . Industrial grade concrete . Natural Stone . Masonry Stucco precast panels . Glass (including block, . Specialty Integral Colored . Smooth concrete windows, or opaque Concrete Block (including . Scored concrete mirrored panels) textured, burnished · Ceramic . Seamless metal panels block, rock face block) · Wood (including copper) . Architecturally textured . Aluminum or Vinyl Siding . Other materials not listed concrete precast panels . Other materials not listed elsewhere as approved . Tile (masonry, stone or elsewhere as approved by the Administrative clay) by the Administrative Official . Other materials not listed Official elsewhere as approved by the Administrative Official Elevation plans indicate that the warehouse portion of the building will be constructed with concrete tilt-up wall panels. According to information from the applicant, the material is an exposed aggregate concrete, which is classified as a Class 2 material per the architectural standards. This meets the 75% of Class 2 requirement. The wall areas will also be gray in color, with a narrow red band and a wider blue-gray band. The color elements will extend around the building. Additional windows have been added to the office area to meet the 25% of Class 1 material requirements. Waste Disposal . A waste enclosure area is identified on the west side of the plan, off of Spiral Boulevard. The enclosure will match the building. Staff will require that the parking lot be modified to allow a garbage truck to turn around in the lot. Westview Packaging - Site Plan Review City Council Memo - October 18, 2004 Page 5 Landscape Plan The existing site incorporates a variety of tree and shrub plantings along the street sides. Plans indicate that the landscaped areas will be irrigated per City Code. Lighting Plan Lighting for the parking lot is not proposed. The only lighting on the site will be from building mounted lights. The applicants have indicated that employees are typically at the site during daytime hours only. Should parking lot lighting be added in the future, a photometric plan must be submitted for approval by the Planning Director prior to installation. Signage A sign is shown on the building; however no review of the sign's compliance with the ordinance is made. An administrative sign permit is required to be issued thru the Planning Dept. prior to the sign being placed on the building. Grading, Drainage, Erosion Control, and Utility Plans The Grading, Drainage, Erosion Control, and Utility Plans have been forwarded to 80M Engineering for review and comment. Review comments have been forwarded to the applicant's engineer and must be adequately addressed before the plan is scheduled for final review by the City Council. Grading, Drainage, and Erosion Control plan and Utility plan approval must be obtained by the Public Works Director as a condition of approval. HASTINGS CITY COUNCIL RESOLUTION NO. 10-_-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN FOR WESTVIEW PACKAGING TO CONSTRUCT AN OFFICEIWAREHOUSE BUILDING AT 1100 SPIRAL BOULEVARD, HASTINGS, MINNESOTA Council member and moved its adoption: introduced the following Resolution WHEREAS, Westview Packaging has petitioned for approval to construct a 68,000 s.f. office/warehouse building at 1100 Spiral Boulevard, Hastings, Minnesota; and WHEREAS, on October 11, 2004, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS, the Planning Commission recommended approval of the Site Plan subject to the conditions contained herein. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby concurs with the Planning Commission and approves the site plan request subject to the following conditions: Approval of the Site Plan is recommended subject to the following: 1) Adherence to the Site Plan, Landscape Plan, and Architectural Elevations as presented to the City Council. 2) All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) The disturbed areas of the site shall be maintained to the requirements of the City's property maintenance ordinance. 4) Final approval of the development grading and utility plans by the City of Hastings. The applicant shall be liable for any costs involved in consultant review of the plans. 5) All rooftop equipment shall be screened by a parapet wall from areas facing a public right-of-way, and painted to match the building elsewhere. 6) All waste enclosures shall be enclosed on all four sides to fully screen the contents, and constructed with exterior materials to match the primary building. 7) All parking and drive aisle areas shall be constructed to city standards including concrete curb and bituminous surfacing. 8) The parking lot adjacent to the waste enclosure must be modified to allow garbage vehicles to turn around in the area, or documentation must be submitted showing that trucks will be able to turn around in the lot as proposed. 9) The sizes, species, and method of installation for all landscaping must be identified. 10) All landscaped areas must be irrigated. 11) A photometric plan for any parking lot lighting must be submitted for approval by the Planning Director prior to installation. 12) Any uncompleted site work (including landscaping) must be escrowed at 125 percent of the estimated value prior to issuance of a certificate of occupancy. 13) Submission of an electronic copy of all plan sets (TIF, PDF, or similar format) prior to issuance of certificate of occupancy. 14) Any signage on the site is required to obtain a sign permit from the Planning Department prior to being erected on site. 15) 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 moved a second to this resolution and upon present. Council member being put to a vote adopted by - .---. Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Shawn Moynihan, Deputy 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 18th day of October, 2004 as disclosed by the records of the City of Hastings on file and of record in the office. Shawn Moynihan, Deputy City Clerk (SEAL) This instrument drafted by: City of Hastings (KKJ) 101 4th St. East Hastings, MN 55033 ~ ...:j +- 'CS- ~ ~....J ~ L '-', '..J ~ SNOIBWRI ~ ~== ~ .....J ~ 00-.... I toO-Q-a 2 . t 9 . . . . ~ (@~>> ~JL ~,~~ ! ~ ~~= j ~... ~ SlEElNR)IG ., SIIOJ.:)YIU.NO:) G"IIIIIIMIIsaO ~~~ ~ ~" '31Aoa "3':) i ,. :)11 '~NmV)I:)Vd M:!fIA.LSaM. 'H!J.!I .u.rII::JV"" :iSnOH:iHVAl illISOdOHd UOS31I/IIJ'I SD!I1IJmI 'Z~ Iii ~ ~ ~ W tu · ~a: ~ I !II i~ ~ . .. ~ ... . i ~ ~.~ -I III ! !! 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II p e ~ ~ t: (1).- co ~ ~c: f/) ~ Q) (1)(.)"" ~~U) m "'C ~ V) c .s: V) Q) Q) :2 ~ e C) ::J 0 ca Q) m a:: 0... ....J ~ ~z.~ i ~ ~ .3 Q) (J) ..c =: .g C/) o . ~:~:<. 0 CD - <tI o a. <tI ~ 1.1 ,= . I!; . . ~ .. b '. ( m ENTERPRISE AVE "U~C> C> c - Q) Q).5 :iEiii c: - fI).- C> (/)> <tI c: o .2: <tI 0(11 0 <tI a.fI)~ 0 ~ 0 > eQ)o Jj ~ ... (l.~& "13 · ..... II ... .~~, . = .BE.. ,"~~ - D. en .J ~...~, ~ +-' . - ~ . :.::0> COC - a~'#. ::JO . - a ". - . [ill . . . .. # #HO .LARD AVE . . I .11 - . a.-. I ."1 a . . . . #~4- t;~ LAND USE APPLICATION CITY OF HASTINGS. PLANNING DEPARTMENT 101 4th Street East, Hastings, MN 55033 Phone: 651.480.2350 Fax: 651.437.7082 Lig~d:J;t;;~t&)i!+Jo.: l) 10 C)( J I Hasi1iJ!J~ Applicant: ' Name'tksb/ttw PaLktt~ln~Lt, Address ~e~:d e - t V\ t ~ S50'1L-\ Phone 10 1- 10 ~-' (0 hI,.. Fax lP51- %;-311~ EMail J lAl\<... @ \"-1 e 51\1 \ fV\/ po ct-ct3 ih5 . r:.~ Address of Property: Owner: (If different from, A~licant): Name' CC:tvlfW "'H) ex Address 2-1100 W t1 t t.> ~m'H1~~ ml'l Phone (0 - - IfCQ?J....' di} Fax 'Dt.1I- ~0Q- ?J1d5 EMail ~ U II t, (? W c-siV It..W pet Lka ~)~. C {5)'V) Check applicable box(es): Note: All fees and escrow amounts due at time of application. Final Plat Minor Sub. Rezone Spec. Use Variance Annexation EAW Prelim Plat Site Plan TOTAL: $600 Administrative Lot Split $50 $500 Camp Plan Amendment $500 $500 House Move $500 $500 Lot Line Adjustment $50 $250 Vacate ROW/Easement $400 $500 plus legal expenses $500 plus $1000 escrow $500 plus escrow: - Under 10 acres: $3000 ($500 Planning + $2500 Engineering) - Over 10 acres: $6000 ($1000 Planning + $5000 Engineering) $500 plus escrow: - 0 - 5,000 sJ.: $1500 (Engineering) ) ]..4 ' - 5,000 - 10,000 sJ.: $2500 ($500 Planning + $2000 Engineering) ..:p I SW Af P -10,000 - 50,000 s.f.: $3250 ($750 Planning + $2500 Engineering) -S"~e::.<6',-. - 50,000 sJ. +: $4000 ($1000 Planning + $3000 Engineering) _ j'f,@ e5c/,v\""/ Date Slgn~~~j;~ Date -/5-W pllcant Name and Title. Please Print Jull'e \VeA;'\S, ~fO er Name. Please Print JUIiLI(f)Jis, GEi) Official Use Only File # ;lYt-I. -5'1 Fee Paid 04/23/03 Rec'd By:~"5h,'.1\ 7/1N'U/o'\ Receipt # Date Rec'd q A~/oq App. Complete ~'-~-~Aj~j.A_L- --- .. -- ....-~ .....,...,-1V{--'-',.,,-.!I!fI!! -- - -- - - e1f~4f, ) / ._---- ..k- _....._"'_...............""""',__"._.,w".q~........ .r...".'.....~....-_...-.;.I."'.....,.,.,....-...__..._"'........, ~_................-...-._~.._~..-._..~",._........... ..._--_...~.,~~~ ___.______. I ~_.._._~~,.._. .. -_.._.~--,--...__......~~..~.--. --_.----~-_.~-_. t'X\ S\l)-..)(o G> \j \ \.--0 \ "-JG ". ~-d2~- 6-"-- " -- --- ..-- NbN A-OO(fW...l '2 ------- -.-----A..0..~.Q~-_.---- ______.'n~.-.____ _.. M _>_ '. ~.". _ ..... e.cv;r---"~---' - ~ \Dll~I1)~ ~~~~- ~'i'6$t~~~i--_c-- " ((l ~ ty\ ~. ", , ... ==.- '--==:~~=~=~::=:::~~~::::==J ~ 1,-,1 ..,.\ ~ 1F ~ LAJt Vr~: ~r -.-----......,.,--, ~._ .e----.' .."'._....~_-.__~~_~. -..._.__..~.....,...,~..__........,...,-. i \ " I. b-o Ct.")h~' . ~---- : LI '", 06.;".>".. L 2. .2. -K~--~'-- 't -rlA.ST\ C:. ~~1"~;~1E,~~:~~~ (]''l t:;'/J h~ \I , 1l..n \) b",\\C; \:'\:',\c....-: (,' R.~vd , loleJ~~ VI-11 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 18, 2004 Subject: Resolution - Grant Site Plan Approval Extension #2003-77- DAKOTA SUMMIT 2ND ADDITION - Nicholas Conzemius REQUEST Nicholas Conzemius seeks to extend the one year sunset clause limit tor Site Plan Approval #2003-77 to construot a +/- 16,767 s.t. retail building on Lot 2, Block 1, Dakota Summit 2nd Addition (between Highway 55 and Wal Mart). On December 1,2003, the City Council approved the Preliminary Plat, Final Plat, and Site Plan for the project. The plat has been finalized and recorded, however Mr. Conzemius seeks additional time to finalize lease commitments and plans to break ground in 2005 (please see attached letter). Staff recommends a one year extension be granted to the sunset clause, with the approval expiring on December 1, 2005. ATTACHMENTS · Resolution - Sunset Clause Extension · Resolution - Original Site Plan Approval - December 1 , 2003 . Location Map . Site Plan . Letter from Nicholas Conzemius - October 5, 2004 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING RESOLUTION NO. 12-03-03 APPROVING THE SITE PLAN OF NICHOLAS CONZEMIUS TO CONSTRUCT A COMMERCIAL BUILDING ON LOT 2, BLOCK 1, DAKOTA SUMMIT 2ND ADDITION, HASTINGS, MN Council member moved its adoption: introduced the following Resolution and WHEREAS, Nicholas Conzemius has petitioned for approval to construct a +/- 16,767 square foot commercial building including restaurant, retail, and service space on property located northwest of General Sieben Drive and Highway 55, legally described as Lot 2, Block 1, DAKOTA SUMMIT 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, on December 1,2003, The City Council adopted Resolution No. 12-03-03 approving the Site Plan of Lot 2, Block 1, subject to 16 conditions; and WHEREAS, Mr. Conzemius has petitioned to amend Condition No. 15 of Resolution No. 12-03-03 to extend the one year sunset clause provision enacted on the project approval. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby amends Condition No. 15 of Resolution No. 12-03-03 re- establishing the sunset clause date to be December 1, 2005. All other conditions of the original resolution are unchanged and in effect. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: ~chaelI>. VVerner,~ayor Shawn ~oynihan I>eputy 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 I>akota, ~nnesota, on the 18th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Shawn Moynihan I>eputy City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, ~ 55033 ? HASTINGS CITY COUNCIL RESOLUTION NO. 12-03-03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE SITE PLAN OF NICHOLAS CONZEMIUS TO CONSTRUCT A COMl\1ERCIAL BUILDING ON LOT 2, BLOCK 1, DAKOTA SUMMIT 2ND ADDITION, HASTINGS, MN Councilmember Yandrasits introduced the following Resolution and moved its adoption: WHEREAS, Nicholas Conzemius has petitioned for approval to construct a +/- 16,767 square foot commercial building including restaurant, retail, and service space on property located northwest of General Sieben Drive and Highway 55, legally described as Lot 2, Block 1, DAKOTA SUMNIlT 2ND ADDITION, Dakota County, Minnesota; and WHEREAS, on November 24, 2003, review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAs, the Planning Commission recommended approval of the Site Plan 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 concurs with the recommendation of the Planning Commission and approves the site plan request of Nicholas Conzemius as presented to the City Council subject to the following conditions: 1) City Council approval of the Preliminary Plat, and Final Plat, of DAKOTA SUMMIT 2ND ADDITION and submission of the Plat for recording with Dakota County prior to certificate of occupancy. 2). All disturbed areas on this property shall be stabilized with rooting vegetative cover to eliminate erosion problems. 3) The drive-thru lane must be striped with the ability to accommodate five (5) stacked vehicles from the menu order board. 4) The truck loading area must be screened to Highway 55 through a combination of landscaping or a wing wall at the discretion of the Planning Director. 5) All waste refuse facilities must be enclosed on all four sides and be architecturally compatible with the retail center. 6) Any fencing or walls !Ilust be architecturally compatible with the retail center, subject to approval by the Planning Director. 7) All proposed lighting fixtures and poles must be compatible with existing lighting in Dakota Summit. 8) All.rooftop equipment shall be screened by a parapet wall from areas facing public rights-of- ways. 9) 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. 10) All landscaped areas must b~ irrigated. 11) All rooftop equipment shall be screened by a parapet wall. 12) Submission of an electronic copy of all plan sets (TIP, PDF, or similar format) prior to Certificate of Occupancy. 13) Satisfaction of all MN Dot requirements and permits. 14) Any uncompleted site work (including landscaping) must be escrowed for prior to issuance of a certificate of occupancy. ' 15) 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. 16) Coniferous trees must be incorporated between the south side of the building and Highway 55 to screen the building. Council member Hazlet moved a second to this resolution and upon being put to a vote adopted by all present. Ayes: Councilmember Hazlet, Hicks, Moratzka, Schultz, Yandrasits and Mayor Werner Nays: Councilmember Riveness Absent: None ~ ATTEST: titLil1Jl~luJJJoiltL-. Melanie Mesko Lee Administrative AssistantJCity Clerk Michael D. We:i:ner, Mayor I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, CoUnty of Dakota, Minnesota, on the 1 st day of December, 2003, as disclosed by the records of the City of Hastings on file and of record in the office. . ~)tutiJ{tt, viL-Li1JJ(/z,.L Melanie Mesko Lee Administrative AssiStantJCity Clerk (SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 ;j- I , i I ! -- '------- ------. .----- --.--- --- ----...--.----- ----~.. .-------- ~._--~- i I I I I i ! I I I I, I I I I I i I I I I I I I I I iJ il"'JI I h I ;B;r~ i JJj~i j ;/;\:,,,,.< ,: II '." i/ .: ~~ I:: i~1:i I>, 1\::" i ''1 ': i -""7-~ ,;' i" ! !~J rr'l ! .... , =! CDi r-I 01 (')[ IDI ...... , -- I {~.. ! ,-' '1"-- II a I ffiB E1 ) fJJ1J 'W........................... '---'-., / . .'''' '.' . '",..,.. . .~ \ \ \ ',.-. " ~. ......../ // / .., I / I (;~iIb i I .J;'W~",,", I I I I '" I ~ I I ~. 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[J a S' ~ ~ -~ -~ ~ I(!~ n" ii~ ii~ ~ "II:' ~> :, ~, ~~ ~~ 1111'"1 VI", ~! ;~ '" ';i ~ ~ I i ~ a ~ ~ ~ ~ n !; ~ ~ ;~ , IQ 8~ H ~~ ~~ ~ ~ $~ ID" g, ~ ~ c !!: .. ~~ ~~ ~! i! ;.t;"" III;"" ~::p ~t ~.5 . ~ ~ ~ ~ ~ a ;:: ~. iii q I~~ o .. . o ~~ ~ ~y ~ ;; ~ :::tI :3 ~ ,~ ~ ~~ 0 "' :z ~~ ~ . ~ r- ~~~~ C,i5~r ~~ ~:r" o.~~i' os:;::;:;n ~ z: ~" ;:i" ~ m w~ -- ~ \ ! \' CI at "a I m :ZI :z:cn en = I: CJ)C/) z=. a "a o ::I < cc a CD !II =' m ~s:: n ~ S' CI N::I I OCD -I oc/) w S CD = - , -I < \ m Ii ~ 't' 1::: ~ ............ ~ (::. \.1'1 124 Fanll Street Hastings, Minnesota. 55033 October 5,2004 Re: Lot 2 Dakota Summit 2nd Addition Mr. John Hinzman Planning Director City of Hastings 101 4th Street East Hastings, Minnesota. 55033 Dear John, As we discussed, I am requesting an extension of our site plan approval that was granted by the City of Hastings last December 2003. A delay in receiving lease commitments as well as some issues in a receiving our building permit has required us to delay construction of the above referenced property. Our plan now is to break ground in 2005 and therefore I am requesting that any approvals we have already received from the City of Hastings be extended to accompJish this revised timeframe. John, I appreciate your assistance in this matter and should you need anything else - please contact me. If you could confirm the receipt of this letter and the status of what action you wilJ be taking and the timing of events to accomplish this request. Thanks again. Sincerely your , ^,f ,~ lUS t:Ll/Cl I () 17/"'- I VI-12 Memo To: Mayor Werner and City Council From: Kris Jenson, Associate Planner Date: October 18, 2004 Subject: Pizza Hut - Approval of Request to replace roof sign at 1330 South Frontage Rd - Apparently Graphics. REQUEST Geoff Michael of Apparently Graphics is requesting approval to replace the existing Pizza Hut roof sign with their new logo design at 1330 South Frontage Rod. RECOMMENDATION Staff is recommending approval of the request. The existing signage has been in place since the site was developed in 1977. ATTACHMENTS . Picture of sign BACKGROUND INFORMATION Comprehensive Plan Classification The subject property is guided C - Commercial in the Comprehensive Plan. Zoning Classification The site is zoned C-4 - Regional Shopping Center. Restaurants are a permitted use in the C-4 District. ORDINANCE REQUIREMENTS The language for roof signs is as follows: Roof Signs. To provide reasonable flexibility in respect to the sign regulations set forth in this section, the City Council may approve an application for a roof sign where an exception would be consistent with the intent of these regulations, in cases where the applicant demonstrates practical difficulties in using a wall sign or freestanding sign. Pizza Hut - Roof Sign Request #2004-60 City Council Memo - October 18, 2004 Page 2 However, no roof sign shall exceed in size the district requirements for freestanding signs. If the City Council approves a roof sign, the area of the roof sign may be subtracted from the allowable freestanding and/or wall signage allowed for the properly and/or building. PLANNING CONSIDERATION Pizza Hut has had the current roof sign for over 25 years. The current sign is 101 square feet, while the proposed new roof sign is 45.2 square feet. Unlike other roof sign requests in the past, this sign does not project above the roof line of the building, but due to the style of the roof, it is technically located on the roof. The code states that roof signs shall not exceed the district requirements for freestanding signs, which means that this sign is limited to a maximum of 50 square feet, which the sign meets. It should also be noted that Pizza Hut does not have any wall signage on their building. Pizza Hut does have a legal non-conforming free-standing sign on the north side of their property. They are planning to replace the faceplates of the existing sign with the new logo and design; however under the sign ordinance this is permitted without a permit as it is considered to be maintenance. This sign is 67.5 square feet. ~ w ti: <( z o ~ ~ --I W W () Z ~ I- Z W w ~ o LL W aJ Z o ~ ~ ...J W W () Z ~ I- Z W ~ - ~ """"- - \ \ - M .......\ ... \ or) q __'I-. - ~ - \ ...:t- ;z5 10 N ~ 1\ ::: In .- C: x. :::: .5SJ -.....:: it ~ ~ -Q- ~ e:::.. ~ ~ \\ ~. ~ ....)t fD ~ ~ ~ w o ~ w ~ o z <( ~ iJ- ~ . C"-- ~ \\ ..::. w ~ o u.. w m w o ~ w ~ o z <( ~ ~ ~ ><- ..... ..... ~ ~ --... VI-13 HASTINGS POLICE DEPARTMENT MEMO FROM: DATE: SUBJECT: Mayor Mike Werner Hastings City Council Members Chief Mike McMenomy 1711 10/12/04 Consent Agenda Item Excess Property - Bikes for Bike Auction TO: This memo will request Council approval for declaration of abandoned/excess property. This department currently has in possession approximately 45 bikes that have been abandoned and unclaimed throughout the last year. We also have one small scooter that was left abandoned 'and unclaimed. As in previous years, we are requesting these items as well as any unclaimed property from our evidence room be declared excess/abandoned property and put up for public auction. The proposed date of the public auction will be Saturday, November 6th, 2004, here at the Hastings Police Department. If you have any questions concerning this Consent Agenda item, please do not hesitate to contact me. Thank you. MCM/dj VI-14 - CITY OF HASTINGS Parks and Recreation Department 920 W. 10th Street Hastings, MN 55033 Phone 651-480-6176 Fax 651-437-7082 Date: 10/12/04 To: Honorable City Council Members From: Barry Bernstein, Parks and Recreation Director Subject: Waive City Construction Fees Back!!round Information: For the Wallin Park shelter building, it is a request of the Council to waive the internal construction fees of this project. The fees include building permit, plan review, and the City's portion of SAC and WAC fees. The total estimated amount requested to be waived is $3429.19. The City has traditionally waived these fees for city projects. Council Action Requested: 1) Waive internal construction fees REF: city counciVrnerno wave internal construction fees Wallin 2004 MEMORANDUM TO: FROM: DATE: SUBJECT: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator October 14, 2004 Gobble Gait 2004 RECOMMENDED CITY COUNCIL ACTION VI-15 The City Council is asked to take action approving the blocking of City streets and involvement of City Staff for the 2004 Gobble Gait, as outlined on the attachment. Staff recommends approval, as this is similar to that which has been requested in previous years. Gobble Gait We are asking to close 2nd. S1. from the bridge to Tyler st., on Thanksgiving morning 11/27/2003, 730arn to 1030am. We will need cones and barricades from the street dept. Snow removal early if necessary. We will ask police for some assistance. I will contact each dept. myself. Police: 1 police on lOth. and Ramsey 18th. and Ramsey lOth. St. up to Tyler Lead car Downtown Streets: 125 cones 6 barricades, 2 RJ's, 1 2nd.Sibley~ 1 2nd& Tyler, 2nd.Ramsey 1 10th &Baiiey 3 pales of sand 1/2 full Ambulance: 1 to follow runners. ~;p~/ VI-16 October 14, 2004 TO: The Honorable Mayor and Council FROM: John Grossman, HRA Director RE: Request Public Hearing for property exchange Action: Order public hearing at the Council Meeting of November 1, 2004 on declaration of City property as excess and the exchange of that property with Hastings HRA The parcels involved are: A. HRA parcel: A vacated portion of First Street north of lot 1, Block 2, Original Town of Hastings, consisting of 24 feet by 66 feet, approximately 1,584 sq.ft. This piece was vacated (believed to be for use by the Hastings Creamery) in 1965 and acquired by the HRA when it purchased the property from O'Connor Plumbing. B. City parcel: Part of Lots 7 & 8, Block 1, Original Town of Hastings, approximately 4,093 sq.ft. This parcel is surrounded by HRA property on Block One. The HRA expects to sell Block One to a private party for redevelopment. SITE MAP PROPERlY ID NUMBER: 19-321~1 2004 ESllMATED MARKET VALUES (PAYABLE 2005) 2004 BUILDING INFORMATION (PAYABLE 2005): NO DATA AVAILABLE FEE OWNER: CITY OF HASTINGS 1014THSTE HASTINGS MN 55033-1944 LAND: BUILDING: TOTAL: SCHOOL DISTRICT: PAYABLE 2004 TAXES 17,200 2,300 19,500 200 LOT SIZE (EXCLUDES ROAD EASEMENTS) ~;3 SQ FT:> -0.09 ACRES NET TAX: 0.00 SPECIAL ASSESSMENTS: 0.00 TOTAL TAX & SA: 0.00 PAYABLE 2005 ASMNT USAGE:EXEMPT LOCATION: NE1/4 NW1/4 SECTION 27-115-17 PAYABLE 2005 HOMESTEAD STATUS: NON HOMESTEAD WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: AMOUNT: --------- Lc::.'\Je-€'-. PC( vie. 1584 rf1 i ~ I I I i I I i I I ! HgA~ A LM- I '13 lock. 'L \faA i !. ~ IJ) ~ ~ 1)' r ~. \+rzA ~. _~___~_l__-- 5 <:c~ d__-'S~_,_~__ ! l I ITI NOTE: Dimensions rounded to nearest foot. Copyright 2004, Dakota County - This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, info~ation and data located in various city, county, and slate offices and other sources, affecting the area shown, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department Map Date: October 12, 2004 Parcels Updated: 0811912004 Aerial Photography: 1991 PLAT NAME: TOWN OF HASTINGS BLKS 1 THRU 99 TAX DESCRIPTION: PT OF LOTS 7 & 8 BLK 1 COM SW COR BLK 1 EON S LINE 219.26 FT TO BEG NW ON CUR 131.25 FT N OD 01 M51 S E 15.63 FTTO N LINE LOT 7 E ON N LINE LOTS 7 & 8 31.32 FT TO INT LINE PARR TO & 10 FT W OF CIL MOST W SPUR TRACT RR SE ON SAID PARR LINE TO S LINE BLK W 35.23 FTTOBEG 8 1 q 013 t/; -~~~----_.----- \ N ! VI.17 To: Honorable Mayor and City Councilmembers cc: From: Char Stark, Interim Finance Director Date: 10/14/2004 Re: Accounts Receivable Write offs Background: The City of Hastings has exhausted its collection capabilities on two outstanding accounts. The first one is for Carol Rehm in the amount of $94.00. The invoice was for re- inspection fees for violation of Chapter 18 from the Code enforcement department. Shawn has completed his criminal case against this person and has told us to write-off the account. The second one is for Charles Teuber in the amount of $94.00. The invoice was for failure to schedule rental inspections on rental property owned by Charles Teuber. Shawn has completed his criminal case against this person and has told us to write-off the account. Recommendation: Staff recommends council approving write off of these two miscellaneous AR accounts. Council Action: Approval of Write off of $188.00 VI-18 To: Honorable Mayor and City Councilmembers cc: From: Char Stark, Interim Finance Director Date: 10/14/2004 Re: Credit Card Policy Backaround: Attached is a credit card policy for the City of Hastings. The City currently has some credit cards such as Wal-mart Card, Best Buy Card and a Target Card. This policy will cover those types of credit cards as well as a Visa card program for the City of Hastings. In 2005 we plan to install a citywide identification program for employees. When that is in place, the credit cards will instruct the business's to ask for employee verification when purchasing anything with the credit cards. This will ensure added protection for the City in regards against fraudulent purchases. We have not had any in the past, but with this safeguard in place we will be doing all we can to ensure it doesn't happen in the future. Staff plans to begin a pilot program with the IT director by allowing her to have a VISA card issued to her for the City of Hastings purchases of computer supplies, parts, conferences etc. Recommendation: Staff recommends council approving this policy for credit cards. Council Action: Adoption of credit card Policy VI-18 To: Honorable Mayor and City Councilmembers cc: From: Char Stark, Interim Finance Director Date: 10/14/2004 Re: Credit Card Policy BackQround: Attached is a credit card policy for the City of Hastings. The City currently has some credit cards such as Wal-mart Card, Best Buy Card and a Target Card. This policy will cover those types of credit cards as well as a Visa card program for the City of Hastings. In 2005 we plan to install a citywide identification program for employees. When that is in place, the credit cards will instruct the business's to ask for employee verification when purchasing anything with the credit cards. This will ensure added protection for the City in regards against fraudulent purchases. We have not had any in the past, but with this safeguard in place we will be doing all we can to ensure it doesn't happen in the future. Staff plans to begin a pilot program with the IT director by allowing her to have a VISA card issued to her for the City of Hastings purchases of computer supplies, parts, conferences etc. Recommendation: Staff recommends council approving this policy for credit cards. Council Action: Adoption of credit card Policy APPENDIX C CITY OF HASTINGS, MINNESOTA CREDIT CARD POLICY AND PROCEDURES Effective October 18, 2004 CARDHOLDER AGREEMENT You are being entrusted with a City of Hastings credit card. The card is provided to you based on your need to purchase goods and services for the City of Hastings. It is not an entitlement nor reflective of title or position. The card may be revoked at any time without your permission. Your signature below indicates that you have read and will comply with the terms of this agreement. . 1. I understand that I will be making financial commitments on behalf of the City of Hastings and will strive to obtain the best value for the City of Hastings. 2. I have read and will follow the City of Hastings Credit Card Policies and Procedures. Failure to do so could be considered as misappropriation of the City of Hastings funds. Failure to comply with this agreement may result in either revocation of my use privileges or other corrective action, up to and including termination. 3. I understand that under no circumstances will I use the credit card to make personal purchases, either for myself or for others. Using the card for personal charges could be considered misappropriation of the City of Hastings funds and will result in corrective action, up to and including termination of employment. 4. I agree that, should I violate the terms of this agreement and use the credit card for personal use or gain, that I will reimburse the City of Hastings for all incurred charges and any fees related to the collection of those charges. 5. The credit card is issued in my name. I will not allow any other person to use the card. I am considered responsible for any and all charges against the card. 6. The credit card is city property. As such, I understand that I may be periodically required to comply with internal control procedures designed to protect the City of Hastings assets. This may include being asked to. produce the card to validate its existence and account number. 7. I understand that I cannot exceed the individual transaction limit of $1.000 or the monthly limit of$1500 as set by the department head and city Finance Department. Failme to comply with. this agreement Exceeding this limit may result in either revocation of my use privileges or other corrective action, up to and including termination. 8. If the card is lost or stolen, I will immediately notify our Finance Department at 480-2354 or 480-23522, if they are not available I will notify the Accounting Technician or appropriate personnel responsible for accounts payable at 480-2341. 9. I agree to surrender the credit card immediately upon termination of employment, whether for retirement, voluntary, or involuntary reasons. APPENDIX C CITY OF HASTINGS, MINNESOTA CREDIT CARD POLICY AND PROCEDURES Effective October 18, 2004 CARDHOLDER AGREEMENT You are being entrusted with a City of Hastings credit card. The card is provided to you based on your need to purchase goods and services for the City of Hastings. It is not an entitlement nor reflective of title or position. The card may be revoked at any time without your permission. Your signature below indicates that you have read and will comply with the terms of this agreement. 1. I understand that I will be making financial commitments on behalf of the City of Hastings and will strive to obtain the best value for the City of Hastings. 2. I have read and will follow the City of Hastings Credit Card Policies and Procedures. Failure to do so could be considered as misappropriation of the City of Hastings funds. Failure to comply with this agreement may result in either revocation of my use privileges or other corrective action, up to and including termination. 3. I understand that under no circumstances will I use the credit card to make personal purchases, either for myself or for others. Using the card for personal charges could be considered misappropriation ofthe City of Hastings funds and will result in corrective action, up to and including termination of employment. 4. I agree that, should I violate the terms ofthis agreement and use the credit card for personal use or gain, that I will reimburse the City of Hastings for all incurred charges and any fees related to the collection of those charges. 5. The credit card is issued in my name. I will not allow any other person to use the card. I am considered responsible for any and all charges against the card. 6. The credit card is city property. As such, I understand that I may be periodically required to comply with internal control procedures designed to protect the City of Hastings assets. This may include being asked to. produce the card to validate its existence and account number. 7. I understand that I cannot exceed the individual transaction limit of $1.000 or the monthly limit of $1.500 as set by the department head and city Finance Department. Failure to comply ...vith this agreement Exceeding this limit may result in either revocation of my use privileges or other corrective action, up to and including termination. 8. If the card is lost or stolen, I will immediately notify our Finance Department at 480-2354 or 480-23522, if they are not available I will notify the Accounting Technician or appropriate personnel responsible for accounts payable at 480-2341. 9. I agree to surrender the credit card immediately upon termination of employment, whether for retirement, voluntary, or involuntary reasons. APPENDIX C CITY OF HASTINGS, MINNESOTA CREDIT CARD POLICY AND PROCEDURES Effective October 18, 2004 Employee Name (Print) Credit Card Number Employee Signature Date Department Head Signature Date Finance Director Signature Date Approved APPENDIX C CITY OF HASTINGS, MINNESOTA CREDIT CARD POLICY AND PROCEDURES Effective October 18, 2004 Employee Name (Print) Credit Card Number Employee Signature Date Department Head Signature Date Finance Director Signature Date Approved CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 I. Introduction Minnesota Statues, Section 471.382 adopted into law on April 7, 200 I, allows cities to make purchases with credit cards. The use of credit cards enables cardholders to conveniently obtain certain goods and services and reduce petty cash payments and employee reimbursements. II. Purnose The purpose of this policy is to establish specific guidelines that the City of Hastings will follow related to the use of credit cards for City purchases to help protect the City from potential loss or misuse of credit cards. The City of Hastings utilizes two types of credit cards, an employee card and a department card. An employee card is issued to a specific employee in that employee's name and can ONLY be used by that employee. A department card is issued in the departmcnt name and may be used by authorized employees in that department. III. Denartment Cards A department head may request department cards for their department from the Finance Director by completing the "Request for City Purchase Card", located in Appendix A. These cards may be used by authorized department employees for approved purchases. The signature line on the back of the department cards will specify "SEE CITY ID CARD", which will require vendors to verify the employee's identity by looking at the employee's City identification card. IV. Emnlovee Cards A department head may request employee cards for specific employees for their department from the Finance Department by completing the "Request for Purchase Card", located in Appendix A. These cards may be used only by the authorized employee specified on the card, for approved purchases. Upon receipt of the purchase (what is this?) card, the employee will need to activate the account by calling a toll-free number printed on the card. V. Maximum Transaction Limit The maximum dollar limit per credit card transaction shall be set at $1,000, unless prior authorization is received from the City Administrator. VI. Documentation Invoices or receipts are needed to support items charged on credit cards since credit card statements lack sufficient detail to comply with Minnesota Statue 412.27, subd.2 and 471.38. For purchases in which a receipt is not normally available, a copy of the completed application or order form should be used as a receipt. (For example, Conference registration forms.) VII. Resnonsibilities Cardholders are responsible for the following: does this apply to both individual & deprn1nlentalcards? . Sign statement agreeing to terms of this credit card policy. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18,2004 I. Introduction Minnesota Statues, Section 471.382 adopted into law on April 7, 2001, allows cities to make purchases with credit cards. The use of credit cards enables cardholders to conveniently obtain certain goods and services and reduce petty cash payments and employee reimbursements. II. Purnose The purpose of this policy is to establish specific guidelines that the City of Hastings will follow related to the use of credit cards for City purchases to help protect the City from potential loss or misuse of credit cards. The City of Hastings utilizes two types of credit cards, an employee card and a department card. An employee card is issued to a specific employee in that employee's name and can ONLY be used by that employee. A department card is issued in the department name and may be used by authorized employees in that department. III. Denartment Cards A department head may request department cards for their department from the Finance Director by completing the "Request for City Purchase Card", located in Appendix A. These cards may be used by authorized department employees for approved purchases. The signature line on the back of the department cards will specify "SEE CITY ID CARD", which will require vendors to verify the employee's identity by looking at the employee's City identification card. IV. Emnlovee Cards A department head may request employee cards for specific employees for their department from the Finance Department by completing the "Request for Purchase Card", located in Appendix A. These cards may be used only by the authorized employee specified on the card, for approved purchases. Upon receipt of the purchase (what is this?) card, the employee will need to activate the account by calling a toll-free number printed on the card. V. Maximum Transaction Limit The maximum dollar limit per credit card transaction shall be set at $1,000, unless prior authorization is received from the City Administrator. VI. Documentation Invoices or receipts are needed to support items charged on credit cards since credit card statements lack sufficient detail to comply with Minnesota Statue 412.27, subd.2 and 471.38. For purchases in which a receipt is not normally available, a copy of the completed application or order form should be used as a receipt. (For example, Conference registration forms.) VII. Resnonsibilities Cardholders are responsible for the following: does this apply to both individual & depcuin1entalcards? . Sign statement agreeing to terms of this credit card policy. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18,2004 Approved by Hastings City Council on October 18, 2004 . Sign the back of the Employee credit card and call the numberto activate it. . Ensure the credit card is kept secure and used only by the cardholder. . Ensure the credit card is not used to make personal purchases. . Ensure the credit card is only used for appropriate City purchases. . Ensure that charges are not split to avoid the single-purchase dollar limit. . Ensure that extreme caution is used with credit card transactions over the telephone or internet. . Ensure that itemized receipts or invoices for purchases are received from vendors and reviewed for accuracy. . Ensure that receipts/invoices are coded, approved by department head and submitted to the Finance Department at City Hall in a timely manner. . Ensure that problems with billings are resolved with the vendors. . Notify the Finance Department and/or the credit card company if your credit card is lost or stolen. . Return the credit card for cancellation to the Finance Department prior to leaving employment with the City of Hastings. City of Hastings Finance Department is responsible for the following: . Enter approved receipts/invoices into finance system for payment. . Reconcile invoices to the monthly credit card statement. . Assist cardholders in resolving billing problems with vendors. . Include listing of credit card claims with approval of bills by City Council. . Payoff all credit card charges on a monthly basis by the due date to prevent finance charges from being incurred and/or creating additional debt for the City. . Monitor application of the requirements of this credit card policy. VIII. General Restrictions. Limitations and Reouirements 1. Card Usage: (a) A city credit card may be used at any merchant that accepts Visa, except as the City may otherwise restrict or direct. The card may be used for in-store purchases as well as approved phone, Internet, fax or mail orders. (b) When using the city credit card for in~store purchases, an employee MUST receive a receipt at the time of the purchase. F'or phone, Internet, fax and mail orders, a receipt must be provided upon receipt of the order. All receipts must be retained and attached to monthly statements. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18,2004 Approved by Hastings City Council on October 18, 2004 . Sign the back of the Employee credit card and call the number to activate it. . Ensure the credit card is kept secure and used only by the cardholder. . Ensure the credit card is not used to make personal purchases. . Ensure the credit card is only used for appropriate City purchases. . Ensure that charges are not split to avoid the single-purchase dollar limit. . Ensure that extreme caution is used with credit card transactions over the telephone or internet. . Ensure that itemized receipts or invoices for purchases are received from vendors and reviewed for accuracy. . Ensure that receipts/invoices are coded, approved by department head and submitted to the Finance Department at City Hall in a timely manner. . Ensure that problems with billings are resolved with the vendors. . Notify the Finance Department and/or the credit card company if your credit card is lost or stolen. . Return the credit card for cancellation to the Finance Department prior to leaving employment with the City of Hastings. City of Hastings Finance Department is responsible for the following: . Enter approved receipts/invoices into finance system for payment. . Reconcile invoices to the monthly credit card statement. . Assist cardholders in resolving billing problems with vendors. . Include listing of credit card claims with approval of bills by City Council. . Payoff all credit card charges on a monthly basis by the due date to prevent finance charges from being incurred and/or creating additional debt for the City. . Monitor application of the requirements of this credit card policy. VIII. General Restrictions. Limitations and Reouirements 1. Card Usage: (a) A city credit card may be used at any merchant that accepts Visa, except as the City may otherwise restrict or direct. The card may be used for in-store purchases as well as approved phone, Internet, fax or mail orders. (b) When using the city credit card for in-:store purchases, an employee MUST receive a receipt at the time of the purchase. For phone, Internet, fax and mail orders, a receipt must be provided upon receipt of the order. All receipts must be retained and attached to monthly statements. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18,2004 Approved by Hastings City Council on October 18, 2004 2. Limitations and Restrictions: (a) A purchase limit has been assigned to all cards. There will be a single transaction limit placed on the cards (see cardholder agreement), which means the card will be declined if you attempt to purchase more than this set amount at one time. (b) In addition to the single transaction limit, every card has a total monthly dollar purchase limit assigned. No Card may be used for personal use or personal purchases. (c) Splitting of charges to avoid the single purchase dollar limit is prohibited. 3. Authorized Purchases: (a) Purchases may include: Office Supplies, forms, etc.; Books and Subscriptions; Computer Supplies; Day timers and calendars; Hardware and tools; Spare parts; Travel expenses; and Conference Registration tees (b) No City card shall be used for any product, servIce or with any merchant considered to be inappropriate for City funds. 4. Lost or Stolen Cards: "' (a) Employees assigned employee cards, or employees utilizing a department card are responsible for the security of the card and any purchases made on the City's account. If you believe you may have lost any City card or it has been stolen, immediately report this information to Wells Fargo Bank Business Purchasing Service Center (BPSC) at 800-932-0036. (b) Immediately after reporting to BPSC, you must inform the Finance Director at 480- 2352 or 480-2354. It is extremely important to "act promptly in the event of a lost or stolen card to avoid liability for fraudulent transactions. (c ) You will no longer be able to use this card number after notifying the bank. The Finance Director (or designee) may request the issuance of a replacement card from Wells Fargo Bank CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 2. Limitations and Restrictions: (a) A purchase limit has been assigned to all cards. There will be a single transaction limit placed on the cards (see cardholder agreement), which means the card will be declined if you attempt to purchase more than this set amount at one time. (b) In addition to the single transaction limit, every card has a total monthly dollar purchase limit assigned. No Card may be used for personal use or personal purchases. (c) Splitting of charges to avoid the single purchase dollar limit is prohibited. 3. Authorized Purchases: (a) Purchases may include: Office Supplies, forms, etc.; Books and Subscriptions; Computer Supplies; Day timers and calendars; Hardware and tools; Spare parts; Travel expenses; and Conference Registration tees (b) No City card shall be used for any product, servIce or with any merchant considered to be inappropriate for City funds. 4. Lost or Stolen Cards: .. (a) Employees assigned employee cards, or employees utilizing a department card are responsible for the security of the card and any purchases made on the City's account. If you believe you may have lost any City card or it has been stolen, immediately report this information to Wells Fargo Bank Business Purchasing Service Center (BPSC) at 800-932-0036. (b) Immediately after reporting to BPSC, you must inform the Finance Director at 480- 2352 or 480-2354. It is extremely important to .act promptly in the event of a lost or stolen card to avoid liability for fraudulent transactions. (c) You will no longer be able to use this card number after notifying the bank. The Finance Director (or designee) may request the issuance of a replacement card from Wells Fargo Bank CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 5. Returns: Any item returned to the vendor MUST be returned for credit or replacement. When obtaining credit, the cardholder MUST obtain a credit receipt. DO NOT ACCEPT CASH OR A CHECK for any items that were purchased with the purchase card. 6. Disputed or Fraudulent Charges: (a) If there is a discrepancy between your record of receipts and any statement, it is imperative that the discrepancy be addressed immediately! Depending on the type of discrepancy, you may need to contact the merchant or complete the Wells Fargo Bank online dispute form to resolve the disputed transaction. (b) If you believe the merchant has charged you incorrectly or there is an outstanding quality or service issue, you must first contact the merchant and try to resolve the error or problem. If you are able to resolve the matter directly with the merchant, and the error involved an overcharge, a purchase adjustment should be requested and will appear on your next statement. Note: The item should be brought to the attention of the Accounting Technician or appropriate position responsible fat accounts payable in the Finance Department at 480-2694. (c) If the merchant disagrees that an adjustment is necessary, you will complete the online dispute form. The details of the disputed transaction will be entered online and followed up on by Wells Fargo Bank. Wells Fargo Bank MUST receive any charge dispute within 60 days of the transaction date! (d) Any fraudulent charge (i.e., a charge appearing which was not authorized by you) must be reported immediately. 7. Suspension or Revocation of Cards: If any of the following occur, immediate revocation of the Credit Card privileges may result:F~ailtH'e-~ly-witll the requ.irement of the-Yser Manual-ma)' resu.lt ift . Splitting of charges to avoid the single purchases dollar limit. . Loaning the card to another employee or person for use. . Failure to notify the Bank and the Finance department of a lost or stolen card. . Consistent failure to submit receipts for payment verification. . The first time ana inadvertent personal purchase occurs. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 5. Returns: Any item returned to the vendor MUST be returned for credit or replacement. When obtaining credit, the cardholder MUST obtain a credit receipt. DO NOT ACCEPT CASH OR A CHECK for any items that were purchased with the purchase card. 6. Disputed or Fraudulent Charges: (a) If there is a discrepancy between your record of receipts and any statement, it is imperative that the discrepancy be addressed immediately! Depending on the type of discrepancy, you may need to contact the merchant or complete the Wells Fargo Bank online dispute form to resolve the disputed transaction. (b) If you believe the merchant has charged you incorrectly or there is an outstanding quality or service issue, you must first contact the merchant and try to resolve the error or problem. If you are able to resolve the matter directly with the merchant, and the error involved an overcharge, a purchase adjustment should be requested and will appear on your next statement. Note: The item should be brought to the attention of the Accounting Technician or appropriate position responsible for accounts payable in the Finance Department at 480-2694. (c) If the merchant disagrees that an adjustment is necessary, you will complete the online dispute form. The details of the disputed transaction will be entered online and followed up on by Wells Fargo Bank. Wells Fargo Bank MUST receive any charge dispute within 60 days of the transaction date! (d) Any fraudulent charge (i.e., a charge appearing which was not authorized by you) must be reported immediately. 7. Suspension or Revocation of Cards: If any of the following occur, immediate revocation of the Credit Card privileges may result: Failu-re-ta-oompJy with the req-uirement of the-Yser Manual fila)' result in · Splitting of charges to avoid the single purchases dollar limit. · Loaning the card to another employee or person for use. · Failure to notify the Bank and the Finance department of a lost or stolen card. . Consistent failure to submit receipts for payment verification. . The first time and inadvertent personal purchase occurs. CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 · The second time the cardholder activity report is received late by Finance 3 days or more after the due date. · The second time the attached receipts do not match the item description or dollar amounts listed on the cardholder activity report with no written explanation. Signed: Attest: Mayor City Clerk Date Date The following appendices are added for implementation purposes: Pages Appendix A: Request for City Credit Card 6-8 (Used for Department or Employee Card) Appendix B: Employee Cardholder Agreement 9-10 (To be signed by individual employee, department head, and finance director) Signed: Finance & Director Date CITY OF HASTINGS, MINNESOTA PURCHASE CARD POLICY AND PROCEDURES Effective October 18, 2004 Approved by Hastings City Council on October 18, 2004 . The second time the cardholder activity report is received late by Finance 3 days or more after the due date. . The second time the attached receipts do not match the item description or dollar amounts listed on the cardholder activity report with no written explanation. Signed: Attest: Mayor City Clerk Date Date The following appendices are added for implementation purposes: Pages Appendix A: Request for City Credit Card 6-8 (Used for Department or Employee Card) Appendix B: Employee Cardholder Agreement 9-10 (To be signed by individual employee, department head, and finance director) Signed: Finance & Director Date APPENDIX A CITY OF HASTINGS, MINNESOTA CREDITCARD POLICY AND PROCEDURES Effective October 18, 2004 REQUEST FOR CITY PURCHASE CARD Please issue Department Credit Card(s) for: Fund and Department default coding Department Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date Approved Please issue the following employee(s) an employee credit card: 1. Fund and Department default coding Employee Name (Print) Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date. Approved 2. Employee Name (Print) Fund and Department default coding Monthly Card Limit Card Transaction Limit Department Head Signature Date Finance Director Signature Date Approved Copy additional pages as needed APPENDIX A CITY OF HASTINGS, MINNESOTA CREDITCARD POLICY AND PROCEDURES Effective October 18, 2004 REQUEST FOR CITY PURCHASE CARD Please issue Department Credit Card(s) for: Department Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date Approved Please issue the following employee(s) an employee credit card: 1. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date. Approved 2. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date Approved Copy additional pages as needed APPENDIX A CITY OF HASTINGS, MINNESOTA CREDITCARD POLICY AND PROCEDURES Effective October 18, 2004 3. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Date Approved Finance Director Signature 4. Fund and Department default coding Employee Name (Print) Card Transaction Limit Monthly Card Limit Department Head Signature Date ate Approved Finance Director Signature 5. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Date Approved Finance Director Signature Copy additional pages as needed APPENDIX A CITY OF HASTINGS, MINNESOTA CREDITCARD POLICY AND PROCEDURES Effective October 18, 2004 3. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature Date Approved 4. Employee Name (Print) Fund and Department default coding Card Transaction Limit Monthly Card Limit Department Head Signature Date Finance Director Signature ate Approved 5. Employee Name (Print) Fund and Department default coding Monthly Card Limit Card Transaction Limit Department Head Signature Date Finance Director Signature Date Approved Copy additional pages as needed VI.19 Memo To: Mayor Werner and City Council From: John Hinzman, Planning Director Date: October 18, 2004 Subject: Resolution - DEED Grant Submittal for Contamination Investigation - 1501 Vermillion Street - Former Jiffy Gas Station. REQUEST The City Council is asked to adopt the following two resolutions required for submission of a contamination investigation grant to the Minnesota Department of Employment and Economic Development (DEED). The grant would cover 75% of the estimated $3,000 cost to conduct a Phase I environmental analysis at the former Jiffy Gas site at 1501 Vermillion Street. The City would be liable for the remaining 25% (approximately $750). Any contaminants identified would then be eligible for further DEED grants for clean-up and remediation. The resolutions authorize city submittal of the grant application and commitment to provide the matching 25% amount and authorize contract signature. ATTACHMENTS . Resolution - Approving Application Submittal . Resolution - Committing Local Match and Authorizing Contract Signatures - ..... CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AUTHORIZING SUBMITTAL OF A CONTAMINATION CLEANUP GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR THE FORMER JIFFY GAS STATION SITE AT 1501 VERMILLION STREET Council member moved its adoption: introduced the following Resolution and WHEREAS, The Minnesota Department of Employment and Economic Development (DEED) has made available grant funding to assist in contamination investigation and cleanup; WHEREAS, The City desires a determination of any contaminants from the former Jiffy Gas Station located at 1501 Vermillion Street. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves of the Contamination Cleanup grant application submitted to the Department of Employment and Economic Development (DEED) on this 18th Day of October, 2004 by The City of Hastings for the former Jiffy Gas Station Site at 1501 Vermillion Street. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: Absent: ATTEST: Michael D. Werner, Mayor Shawn Moynihan Deputy 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 18th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Shawn Moynihan Deputy City Clerk ( SEAL) This instrument drafted by: City of Hastings (JWH) 101 4th St. East Hastings, MN 55033 CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AUTHORIZING COMMITMENT OF A LOCAL MATCH AND AUTHORIZING CONTRACT SIGNATURES IN CONJUNCTION WITH A CONTAMINATION CLEANUP GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT (DEED) FOR THE FORMER JIFFY GAS STATION SITE AT 1501 VERMILLION STREET Council member moved its adoption: introduced the following Resolution and WHEREAS, The Minnesota Department of Employment and Economic Development (DEED) has made available grant funding to assist in contamination investigation and cleanup; WHEREAS, The City desires a determination of any contaminants from the former Jiffy Gas Station located at 1501 Vermillion Street. NOW THEREFORE BE IT RESOLVED By the City Council ofthe City of Hastings that the City of Hastings has the legal authority to apply for financial assistance, and the institutional, managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the City of Hastings has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state, The City of Hastings may enter into an agreement with the State of Minnesota for the above- referenced project(s), and that the City of Hastings certifies that it will comply with all applicable laws and regulation as stated in all contract agreements. NOW, THEREFORE BE IT RESOLVED that the City Administrator is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. Council member vote adopted by _ present. moved a second to this resolution and upon being put to a Ayes: _ Nays: _ Absent: ATTEST: ~chaelI>. VVerner,~ayor Shawn ~oynihan I>eputy 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 I>akota, ~nnesota, on the 18th day of October, 2004, as disclosed by the records of the City of Hastings on file and of record in the office. Shawn ~oynihan I>eputy City Clerk ( SEAL) This instrument drafted by: City of Hastings (JVVH) 101 4th St. East Hastings, ~ 55033 VII-1 & VIII-B-1, 2, 3, 4 October 13, 2004 TO: The Honorable Mayor and City Council FROM: John Grossman HRA Director RE: Next steps in Downtown Redevelopment Process A. Public Hearing on the Modification to Redevelopment Area and Establishment of TIF District #4. Presentations by Jessica Cook of Ehlers Associates and Dan Cornejo of Short Elliot Hendrickson. B. Presentation on Master Plan and Master Preliminary Agreement by John Grossman, Jessica Cook of Ehlers Associates and Loren Brueggemann, Sherman Associates C. Council action on four items to continue process: 1. Approve resolution adopting modification to Hastings Downtown Redevelopment Area and Establish Tax Increment Financing District #4. 2. Approve resolution eliminating parcels from Downtown TIF District # 1. (these parcels go to new district) 3. Adopt a motion to approve Master Redevelopment Plan and Design Concepts. 4. Adopt a motion to approve Master Preliminary Redevelopment Agreement and authorize its execution. Documents attached: 1. Memo from staff summarizing materials and actions 2. Memo from Ehlers on key points ofTIF Plan and Master Agreement 3. Resolutions for both TIF actions 4. Tax Increment document for modification of the area and establishment of District #4 prepared by Ehlers 5. Tax Increment study of proposed district by SEH (executive summary) fmding that it qualifies as a redevelopment district. 6. Planning Commission resolution of fmdings on TIF Plan. 7. Sherman's master redevelopment plan for Blocks 1,2,3,4, 16 and 29 with emphasis on block 1, 16 and 29. 8. Sherman's design concept drawings for two buildings. 9. Master Preliminary Redevelopment Agreement between Sherman Associates, HRA and City Council. . ... 10.Minutes from commissions, committees and joint HRA-Co~ncil meetings. Hastings Star Gazette October 7, 2004 Illegal notices and changes Is noon Monday HAMPTON TOWNSHIP ,IC HEARING CANCELLATION NOTICE Jratorium on building sheds has been can- -he Public Hearing that was scheduled for =ttorium had been cancelled. Eunice Schiller Hampton Township Clerk OF PUBUC HEARING flOIX VALLEY WATER MAN- :NT ORGANIZATION CERTIFICATE OF ASSUMED NAME REBY GIVEN that the Lower alley Water Management lall hold a public hearing pur- Ota Statutes' 103B.231, Subd. hear public comments on the 2nd Generation Water an. A copy of the plan is avail- at m/watershed_districtsl1scw- on request from Kevin K. \., 1805 Wood lane Drive, 55125. .aring shall be held before the lter Management Organization , October 13, 2004, at 6:00 he Denmark Town Hall, 14008 3tlngs" MN 55003 and Is open citizens. day of September, 2004. THE LOWER ST. CROIX VAL- VlANAGEMENT ORGANIZA- Is/Cheryl A. Kohls Cheryl A. Kohls ClerklTreasurer ORDER OF HEARING ON fI FORMAL ADJUDICATION ,CY, DETERMINATION OF 'OINTMENT OF PERSONAL ,NTATlVE AND NOTICE o CREDITORS \JESOTA ~KOTA RT SION L DISTRICT 5-04-9606 I S. PARKER, I and Notice Is given that on 04 at 9:00 (a.m.) a hearing wi!1 :ourt at Dakota County District N. Highway 55, Hastings, the adjudication of intestacy m of heirship of the Decedent, pointment of Christopher S. address Is: 1556 84th Street, WI 54017 ' esentative of the Estate of the d UNSUPERVISED admlnls- 'ctlons to the Petition must be ourt prior to or raised at the r and no objections are flied or sonal representative will be lull power to administer the Ig the power to collect all egal debts, claims, taxes and II real and personal property, :sary acts lor the Estate. len that (subject to Minn. Stat. 'editors having claims against qulnod to present the cIaIrna to Presentative, or to the Court :I11n lour """'ilia lifter the date Ihe~ ~~, MINNESOTA SECRETARY OF STATE Minnesota Statutes Chapter 333 1. State the exact assumed name under which the business Is or will be conducted: Beauty By Brandl 2. State the address of the principal place of business. 12745 E. 190th St., Hastings, MN 55033 3. Ust the name and complete street address of all persons conducting business under the above Assumed Name: Brandl Reuter, 12745 E. 190th St., Hastings, MN 55033 4. I certify that I am authorized to sign this cer- tiflc>;lte and I further certify that I understand that by signing this certificate, I am subject to the penallies of perjury as set forth in Minnesota Statutes section 609.48 as III had signed this certilicate under oath. Dated: September 9, 2004 Is! Brandi Reuter, Owner Contact person: Brandi Reuter , 651-437-4295 9/30-1017 NOTICE AND ORDER OF HEARING ON PETmON FOR FORMAL ADJUDICATION OF INTESTACY, DETERMINATION OF HEIRSHIP, APPOINTMENT OF PERSONAL REPRESENTATIVE AND NOTICE TO CREDITORS STATE OF MINNESOTA COUNTY bF DAKOTA DISTRICT COURT PROBATE DIVISION FIRST JUDICIAL DISTRICT Court File No. PI-04-9585 ESTATE OF James Bennis, Jr., aIkIa James FJ. Bennis, Jr. DECEDENT It Is Ordered and Notfce is given that on November I, 2004 at 9:00 (a.m:) a hearing will be held in this Court at Dakota ,County Government Center, 1560 Highway 55, Hastings, Minnesota, lor the adjudication of intestacy and determination of heirship of the Decedent, and for the appointment of Jamie Nawrocki whose address Is: 4000 Shannon Drive, Hastings, MN 55033 (2) Jennifer Bennis, aIkIa Jennifer L Bennis whose address Is: 14520 Cobalt Avenue, Rosemount, MN 55068 as personal representative 01 the Estate of the Decedent In an UNSUPERVISED administra- tion. Any objections to the Petition must be IlIed with the Court prior to or raised at the hearing. If proper and if no objections are filed or raised, the personal representative will be appointed with full power to administer the Estate, including the power to collect all assets, pay all legal debts, claims, taxes, and, expenses, to sell real and personal property, and do all necessary acts for the Estate. Notice Is also given that (subject to Minn. Stat. 524.3-801) all cred~ors having claims against , the Estate are required to present the claims to the personal representative or to the Court Administrator within four months alter the date of this Notice or the claims will be bernod. ' Dated: September 29, 2.004' ~~XS~;, "'.f.:;:',<>/> " , . ~IELJ~FLUEGa.. "'ttv-~'~112:"" 1:ifGEL'" ~1:iAN PA;;'<,l';1!' ,~~~,- PUBLIC NOTICES ... NOTICE OF PUBLIC HEARING CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA NOTICE IS HEREBY GIVEN that the City Council of the City of Hastings, Dakota County, State 01 Minnesota, will hold a public hearing on October 18, 2004, at ~pproxlmately 7:00 P.M. at the City of Hastings City Council. Chambers ,in City Hall, 10'1 4th Street East, Hastings, Minnesota, relating to the proposed adoption of a Modification to the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan Modification") for the Hastings Downtown 'Redevelopment Area (the "Downtown Project Area") and the proposed establishment of Tax Increment Financing District No.4 (a redevelopment tax increment financing district) within the Downtown Project Area, and the proposed adoption of a Tax Increment Financing Plan (the ''TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to col- lec,tively herein as the "Plans"), pursuant to Minnesota StatutE!s, Sections 469.001 to 469.047, and Sections 469.174 to 469.1799, all inclusive, as amended. Copies of the Plans are on file and available lor public inspection at the office of the City Clerk at City Hall. The property to be included in Tax Increment Financing District No.4 Is located within the Downtown Project Area and the City of Hastings. A map of Tax Increment Financing District No.4 and the Downtown Project Area Is set forth below. Subject to certain limitations, tax increment from Tax Increment Financing District No.4 may be spent on eligible uses within the boundaries of the Downtown Project Area. TAX INCREMENT FINANCING DISTRICT NO.4 THE HASTINOS DOWNTOWN REDEVELOPMENT AREA ("'DOWNTOWN PR04ECT AREA \ \",. L.a.'1I1 -...-- 'fl........, ~....._.... -~...- Ail interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. BY ORDER OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA Is! Melanie Mesko Lee City Clerk 1017 NOTICE AND ORDER OF HEARING ON PETITION FOR SUMMARY ASSIGNMENT 'OR DISTRIBUTION UNDER JUDGMENT AND DECREE EXEMPT ESTATE STATE OF MINNESOTA STATE OF MINNESOTA COUNTY OF DAKOTA COUNTY OF DAKOTA DISTRICT COURT DISTRICT COURT FIRST JUDICIAL DISTRICT PROBATE DIVISION Court File No. 19-G3-D4-7921 FIRST JUDICIAL DISTRICT .' Case Type: Other, Civil Court File No. PO-04-9559 ' U.S. Bank National Association, successor ESTATE OF: Bonnie Marie larkin' by merger with Flrstar Bank, N.A. DECEDENT Plaintiff, Notice Is given that a petition has been flied vs. requesting that the Estate assets be summari: ,Jason D. Pietrzak, Ann L Pietrzak, Green Iy assigned and' distributed w~hout probate' : Tree FinanCial Loan Company Corporation administration; . f/kla Green Tree Loan Company, John Any objections to the petition must be filed Doe and Mary Rowe, . with the Court prior to or raised at the hearing. "Defendants. If proper; and if no objections or claims ,are NOTICE IS HEREBY GIVEN, that by virtue filed or railled, the Court may issue' a decree of a Judgment entered In the above entitled distributing or assigning the Estate's assets. action on August 11, 2004, a certified copy of It is Ordered and Notice is now given that the which has been delli/ered to me and which Is Petition will be heard on October 18, 2004, at attached hereto, directing the sale of the 9:00 (a.m.) by this Court at Dakota County premises herlnafter described to satisfy the Judicial Center, 1560 Highway 55, Hastings, amount found and adjudged due said plaintiff Minnesota. in the above-entitled action, ,the Sheriff of Notice 'is further given that (subject to Minn. Dakota County will sell at public auction, to the Stat. 524.3-801) all creditors having claims highest bidder for cash, on November 10, against the Estate are required to present the 2004, at 10:00 a.m., at Dakota County Sheriffs claims to the Court Administretor w~hin fOllr Office, 1580 West Highway 55, in the City of months after the date of this Notice or the Hastings, State of Minnesota, in said state and claims will be barred. . county, the premises and real estate described Dated: September 27, 2004 in said Judgment: Is! Richard G. Spicer" Lot 31, Block 7, Apple Valley 12th Addition, ~~j~~~Ji?3j~1-il,JZe,i~'2:~~(;::~:8k~~~~ , N,OTlCE OF SHERIFF'S SALE NOTICE OF MOl FORECLOSUR NOTICE IS HEREBY ( has occurred in the condit mortgage dated February , by Lena G. Diaz, a single gagor(s), to Signal Bank, I in the original principal Thousand ($10,000.000) record in the office of tt Recorder, State of Minnes 1998, and recorded as poc ali preforeclosure notice requirements have been co action or proceeding has be or otherwise to recover th, said mortgage, or any part Ii due and claimed to be du gage the sum of Ten ThoL Fifty-one ($10,651.00) 00111 Interest to the date hereof; a the power of sale therein co gage will be foreclosed an lying and being in Dakota ( described as follows; Lot 2" Block 2, Grelsfeld County, Minnesota; will be sold by the sheriff 01 : IIc auction on, November o'clock A.M. at Sherif Enforcement Center, 1580 city of Hastings, in said st pay the debt then secured and taxes, if any, on said cosls and disbursements, Ii fees, allowed by law, subjec the mortgagor(s), her heirs six (6) months from said da THE TIME ALLOWED REDEMPTION BY THE M( MORTGAGOR'S PERSm TATIVES OR ASSIGNS, M. TO FIVE WEEKS IF A JU[ ENTERED UNDER MINNE 11582.032, DETERMINING THINGS, THAT THE MORT ES ARE IMPROVED WITI- DWELLING OF LESS TH ARE NOT PROPERTY U~ TURAL PRODUCTION, " DON ED. Dated: September 8, 2004 Associated Bar (SuCCE merger to Ralph L Moore STEIN & MOORE, P.A. Attorneys lor Mortgagee 332 Minnesota Street, #W-1 St. Paul, MN 55101 651-224-9683 919-10114 CERTIFICATE OF ASS MINNESOTA SECRETARY Minnesota Statutes Chaptel 1. State the exact assumed the business is or wm be cor Educational Support 2. State the address of the business: 475 Flora St. 54021-1958. 3. Ust the name and compl of all persons conducting b above Assumed Name: M. Flora St. S., PresCott, WI 54 4. I certify that I am authoriz tlflcate and I further certify that by signing this certifica' the 'penalties of pe~ury, Minnesota Statutes section signed this certificate under Dated July 13, 2004 Is/ Mary C. BailE ,Mary C. Bail, I 7~ 5-262-4201 daytli 1017-14 I~ October 13, 2004 TO: The Honorable Mayor and City Council FROM: John Grossman RE: Sherman Master Plan and Agreement, TIF Plan for Dist.#4 This memo summarizes the materials provided and the actions requested. Approvals will complete the master or overall plan steps and start the process of designing and submitting individual projects. A. Map of modified redevelopment area and TIF district No.4. 1. The redevelopment area. The City and HRA have designated and added to the Downtown Redevelopment Area over the years. An area is considered to have potential for future redevelopment projects, possibly needing for public improvements, transportation enhancements, acquisitions and relocations. The dark line defines the present area - except for the cross hatched property on both sides of Vermillion that is proposed to be added to the area to square off the boundary along 5th Street. The redevelopment area is not a TIF district, and survives the end of TIF district No. 1 in 2006. TIF districts have to be located within redevelopment areas. 2. The TIF District. The proposed new TIF District No.4 is shown with the dashed line. The district includes the property proposed for redevelopment by Sherman Associates and the Block 2 group. The increase in taxes (increment) generated by new construction on these blocks would be used to help pay for the street and utility expansion and reconstruction, public improvements, acquisitions, relocations and site preparations serving new construction. B. Tax Increment District #4 and Financing Plan 1st Action: Motion to approve Resolution adopting the modifications to the Downtown Redevelopment Area and the establishment TIF District #4 together with its financial plan. 2nd Action: Motion to approve Resolution removing parcels from the existing TIF district # 1. The attached Ehlers memo summarizes key issues of the TIF plan 1. Purpose. The TIF plan addresses the requirements of state law. The parcels to be included and the type, duration and uses of increment are specified. The resolutions, plan and supporting (!) documents will be submitted to the County with the request for certification. 2. .Review and comment. The County Board and School District also have the opportunity to review and comment on the plan. The County board reviewed and found the proposal consistent with their TIF policy. The School District chose not to comment. 3. Restrictions and limits. A new district, unlike District # 1, has time restrictions which keep it from becoming open ended. The district is set up specifically to fund parts of this redevelopment project. If improvements are not financed or constructed in the district within 3 years, the district is terminated. Parcels that are not improved in 4 years are dropped out of the district. Neither parcels nor new projects can be added to the district after 5 years. 4. Amount of increment. The purpose of the financing plan is to estimate the highest..possible increment based on all the proposed developments being constructed and a full term of 25 years. These become not to exceed figures in the reports to the State Auditor. These numbers do not reflect actual TIF collections which will be lower. If the amount of increment needed to finance work is collected in less than 25 years, the district can be decertified early. 5. Approving the plan only sets up the potential for use ofTIF. The actual allocation of increment will be considered for each public improvement project and for each phase of development. Some phases will not need increment, others will, based on detailed costs and financial projections. Increment does not become available until development occurs. C. SEH Executive Summary of TIF analysis for proposed district 1. Conformity with City Plans. The conclusion is that the proposed district does meet the criteria. The Planning Analysis reviews how the proposed TIF district and projects contribute to achieving the City's plans such as the Comprehensive Plan and the Downtown Plan. 2. Conformity with Statutory requirements. The technical analysis which quantifies whether the parcels in the existing district meet the state's criteria has been summarized but has not been included because of its length. D.Master plan for Sherman redevelopment project Action: approve the Master Plan and design drawings. Approval means that the developer can go ahead and submit site and building plans for each phase, as scheduled and described in the agreement. Submissions will be reviewed for their consistency with the master plan. Sherman Assoc. presented their original concept January 2004. Since that time 10 public meetings have been held in addition to regular City Commission meetings for feedback and comment. On July 12 City Council and HRA in joint meeting directed the developer to submit a more detailed master plan showing the initial projects on Block 1 and Block 29 and setting Block 3 and 4 aside for further study. A Summary of the downtown redevelopment process is attached. This Master Plan responds to Council/HRA/Committee direction and addresses the goals established by the Heart of Hastings Plan and the RFP for Redevelopment. A summary of the goals and how this plan reflects them is attached. This is a general plan for the entire area, to be completed in phases over a period of years. Specific site plans, elevations, financial projections, land sales, tax increment conditions, and development agreements will be submitted for approval for each phase. 1. Four Initial phases. Block 1 and 29 will be the initial phases of the Sherman projects. They include the condominium, mixed use building, restaurant/banquet facility and Block 1 and 5 row houses on Block 29. 2. A restaurant/banquet facility. The facility shown on the plan represents the size recommended by the GVA market study, 120 seats for the restaurant and 4,000 to 5,000 sq.ft. for the banquet. 3. Block 2 future developments. The Block 2 group indicates that they are considering two mixed use residential-commercial buildings with underground parking. 4. Blocks 3 as 4 - a study area. The type and location of development in these areas will be brought forward in 2005. The potential for relocation of the Xcel substation on Block 4 will be studied in the meantime, and will influence the future uses of both 3 and 4. 5. Block 16. The building shown on the station block (16) would complete the streetscape on both sides of Second. The parking area would be public and can be used for overflow generated by the banquet facility or other new retail uses. However as long as a commuter rail system continues to be con~dered at the state level, this parking will not be dedicated to any user. 6. Public Improvements. The public improvements shown would be built either by the City or by the developers to city specifications at the time of each phase. Area wide utilities will be installed as needed for the phases. Tax increment would be used to help fmance these costs. 7. Public improvement costs. The City will contract estimating and design when this agreement is approved and the developer provides preliminary engineering information. However, cost estimates for very similar improvements made in 2002 for Bailly's Landing range from $800,000 for basics to $1.8 million including farmers market structures, etc. 8. Xcel added. The north half of block 4 has been added to the properties included for redevelopment (Overall Redevelopment Property) to study relocation and reusing the Xcel site as part of I the riverfront redevelopment. 9. Design drawings. The designs by Jay Nelson of ESG Architects show they type of buildings they proposed to be compatible with the historic downtown. All the relevant city commissions have commented. The overall scale, color, material and design are considered compatible. The final drawings for each building will be reviewed and approved with each site plan. 10. Condo buDding. A view looking west from the restaurant across the front of the condominium building on Block 1, east of Tyler Street. 11. Mixed Use building. A view looking north west across Second Street at the front of the mixed use building on the south end of Block 1, east of Tyler Street. E. Master preliminary development agreement. Action: Motion to approve the Master Preliminary Redevelopment Agreement with Sherman Associations. The attached memo (next item) from Jessica Cook of Ehlers Assoc. highlights the key points of the Agreement. 1. Purpose. This replaces the agreement dated Feb. 26, 2004 which expires October 20, 2004. The agreement approves the master plan and describes the process of approving each phase. The duration of the agreement will be three years. 2. Phased development. The agreement specifies the initial phases on Blocks 1 and 29. The restaurant/banquet facility must be approved and ready to proceed before the developer can present plans for blocks 3, 4 arid 16. It sets dates for the developer to submit plans and secure agreements for e~ch additional phase of the redevelopment. . EHLERS & ASSOCIATES INC o ::IS 11.1 :IE To: HmrtmgsCiryCouncil From: Jessica Cook and Jim. Prosser Subject: Tax Increment District No.4 Master Preliminary Development Agreement Date: October 13, 2004 The purpose of this memo is to summarize the key issues the Council will be considering in establishing Tax Increment District No.4 and approving a new Master Preliminary Development Agreement with Sherman Associates. Tax Increment District No.4 The HRA is proposing to establish a redevelopment tax increment district in downtown Hmrtmgs. The establishment of the TIF District creates the legal and financial "inftmrtructure" that will allow the Ciry and the HRA to provide tax mcrement to facilitate redevelopment of the historic downtown. Adopting the plan in and of itself does not entitle any property owner or developer to receive assistance. Each project requestmg assistance must further establish that 1) "but for" the use of tax increment, the project would not proceed; ant2-) the Ie-vel of assistance requested is the minimum amount necessary. And, of course, the project must meet the Ciry's goals and other criteria for assistance. Parcels Included In District: The proposed District mc1udes Block 1, Block 2, the north half of Blocks 3 and 4, the Gardener House, Block 16 (the depot site), and the northeast comer of Block 15. (please see map m the TIF Plan.) These parcels will be dropped out of the old Downtown Redevelopment TIF District No.1 to be mcludedm the new TIF District. Modification to the Downtown Proiect Area: The Downtown Project Area is the area where tax mcrement can be "spent." Parcels located on the blocks between 4th and 5th Streets and between Eddy and Vermillion Streets are being added to the Project Area. The parcels are not mcluded in the proposed TIF District. (j) Maximum Duration: 25 years. The HRA may shut down the district sooner if there are no outstanding obligations. Estimated Increment and Bud2et: The estimates of revenue and expenses in the plan are "not to exceed" numbers, and assume that all parcels in the district are redeveloped with very high density, high value uses. The "not to exceed" estimates are required to be put in the plan and are used only for annual reporting purposes. Fiscal Disparities Election: When establishing a TIF district that contains commercial property, the City may elect to have the :fiscal disparities contribution taken ITom inside or outside the district. The TIF Plan makes the election to pay fiscal disparities from outside the district, consistent with how the parcels are treated in the old TIF District. What Happens If Development Doesn't Occur? Development activity, such as construction of public or private improvements or the issuance of bonds, must occur within three years or the district goes away. Findine:s: In establishing the TIF District, the Council will make several findings required under state law. The two most significant of these are as follows. 1. The "But For" Finding. The Council finds that the proposed redevelopment would not occur in the foreseeable future without the use of tax increment. 2. Redevelopment District. The Council finds that the District meets the statutory tests to qualify as a redevelopment district. This finding is based on an analysis completed by SEH and reviewed by the HRA's counsel. Master Preliminarv Development A2reement The current Preliminary Development Agreement between the City, HRA, and Sherman Associates expires on October 20, 2004. A new Master Preliminary Development Agreement has been drafted for consideration by the Council on October 18, 2004. The proposed Agreement: ./ Sets forth a Master Plan for the Redevelopment Area, including Blocks 1 and 2, the northern half of Blocks 3 and 4, Block 16 (the depot site), and Block 29 (across ITom City Hall). The Master Plan shows the proposed development concept and a coordinated design for public improvements throughout the Redevelopment Area. The Master Plan has been reviewed by the HPC, the Advisory Committee, and the Planning Commission. ./ States the expected development uses on Block 1; namely a restaurant and banquet facility, a condominium building, and a mixed-use building along Second Street containing retail below condominium units. __~._...___.___.____ m.__.. _ _ _____.________ _ .........~u_..._____.___________.__~_..... 3060 Centre Pointe Drive Roseville, MN 55113-1105 2 (651) 697-8546 Fax: (651) 697-8555 jcook@ehlers-inc.com http://www.ehlers-inc.com ./ Provides that the HRA and City will not negotiate with or provide financial assistance to any other developer in the Redevelopment Area without the consent of Sherman Associates. ./ Establishes that the City, HRA, and Sherman Associates will continue efforts to complete the development of all phases. ./ Requires the developer to meet with the community to get feedback on future phases of development. ./ Establishes that the Developer may not proceed with development phases beyond Blocks 1 and 29 until he has entered into a development agreement and secured a tenant for the restaurant and banquet facility. This provides an incentive for the Developer to aggressively market the restaurant. ./ Imposes a timeline to keep development moving. Key deadlines are: Developer Action Deadline Development agreement for the first project on Block February, 2005 1 and the townhomes on Block 29. Concept plan for Study Area on Blocks 3 and 4 July, 2005 Development agreements for all projects on Block 1 October, 2005 Concept plan for a third phase of development March, 2006 Concept plan for a fourth phase of development August, 2006 Agreement terminates October, 2007 The preliminary Master Development Agreement is intended to be general in nature. For each project Sherman Associates will enter into a detailed development agreement with the HRA and City. In addition, each development project must go through the City's regular planning approval process. The BRA, City, and Developer will determine how the public improvements will be installed and paid for in the overall redevelopment area before the Developer embarks on the first project. 3060 Centre Pointe Drive Roseville, MN 55113-1105 3 (651) 697-8546 Fax: (651) 697-8555 jcook@ehlers-inc.com http://www.ehlers-inc.com CITY OF HASTINGS COUNTY OF DAKOTA STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING A MODIFICATION TO THE HASTINGS DOWNTOWN AREA REDEVELOPMENT PLAN FOR THE HASTINGS DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN PROJECT AREA) AND ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO.4 THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Hastings, Minnesota (the "City"), as follows: Section 1. Recitals. 1.01. The Hastings Housing and Redevelopment Authority (the "HRA") of the City of Hastings (the "HRA") has heretofore established the Hastings Downtown Redevelopment Area (the "Downtown Project Area If) and adopted the Hastings Downtown Area Redevelopment Plan (the "Redevelopment Plan") therefor. It has been proposed by the HRA and the City that the City adopt a Modification to the Redevelopment Plan for Downtown Project (the "Redevelopment Plan Modification") and establish Tax Increment Financing District No.4 (the "District") therein and adopt a Tax Increment Financing Plan (the "TIF Plan") therefor (the Redevelopment Plan Modification and the TIF Plan are referred to collectively herein as the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, Sections 469.001 to 469.047 and Sections 469.174 to 469.1799, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Plans and has caused the Plans to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Dakota County and Independent School District No. 200 having taxing jurisdiction over the property to be included in the District, a review of and written comment on the Plans by the City Planning Commission, and the holding of a public hearing upon published notice as required by law. 1.04. Certain written reports (the "Reports") relating to the Plans and to the activities contemplated therein have heretofore been prepared by staff and consultants and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Reports include data, information and/or substantiation constituting or relating to the basis for the other fmdings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Reports, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. @ Section 2. Findings for the Adoption and Approval of the Plans. 2.0 I. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public interest and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Adoption of the Modification to the Redevelopment Plan. 3.01 The boundaries of the Downtown Project Area are being expanded. The City finds that the parcels to be included in the Downtown Project Area are a "blighted area" within the meaning of Minnesota Statues, Section 469.002, Subd. 11, and that acquisition, clearance and related activities to redevelop a portion of the Downtown Project Area in accordance with the Project Plan and the TlF Plan constitute a "redevelopment project" within the meaning of Minnesota Statutes, Section 469.002, Subd. 14 3.02 The Project Plan Modification includes budget amendments and the addition of parcels that are being identified for acquisition. 3.03 The land in the Downtown Project Area would not be made available for redevelopment without the financial aid to be sought. 3.04 The redevelopment plans for the redevelopment areas in the City will afford maximum opportunity, consistent with the needs of the City as a whole, for the redevelopment of the areas by private enterprise. 3.05 The Redevelopment Plan as modified conforms to a general plan for the development of the City as a whole. Section 4. Findings for the Establishment of Tax Increment Financing District No.4. 4.01. The Council hereby finds that the District is in the public interest and is a "redevelopment district" under Minnesota Statutes, Section 469.174, Subd. 10 (a)(I). 4.02. The Council further fmds that the proposed redevelopment would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 4.03. The Council further fmds, declares and determines that the City made the above fmdings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. 4.04. The City of Hastings elects to calculate fiscal disparities for the District in accordance with Minnesota Statutes, Section 469.177, Subd. 3, clause a, which means the fiscal disparities contribution would be taken from outside the District. Section 5. Public Pm:pose 5.01. The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to redevelop an area of the City which is already built up, to eliminate blighted buildings, to maximize the use of unused and underused real property, to provide employment opportunities, to improve the tax base and to improve the general economy of the City and State and thereby serves a public purpose. Section 6. Approval and Adoption of the Plans. 6.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the Executive Director of the HRA. 6.02. The staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 6.03 The Auditor of Dakota County is requested to certify the original net tax capacity of the District, as described in the Plans, and to certify in each year thereafter the amount by which the original net tax capacity has increased or decreased; and the City of Hastings is authorized and directed to forthwith transmit this request to the County Auditor in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution. 6.04. The Executive Director ofthe HRA is further authorized and directed to file a copy of the Plans with the Commissioner of the Minnesota Department of Revenue pursuant to Minnesota Statutes 469.175, Subd. 4a. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Absent: Dated: October 18, 2004 ATTEST: Melanie Mesko Lee, City Clerk Michael D. Werner, Mayor (Seal) EXHIBIT A RESOLUTION NO. The reasons and facts supporting the findings for the adoption of the TIF Plan for the District, as required pursuant to Minnesota Statutes, Section 469.175, Subdivision 3 are as follows: 1. Finding that the District is a redevelopment district as defined in MS., Section 469.174, Subd. 1O(a)(1). The District consists of 27 parcels, with plans to redevelop the area with mixed-use development including housing, retail, restaurants, and offices. At least 70 percent of the area of the District are occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures and more than 50 percent of the buildings in the District, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance. (See Appendix F of the TIF Plan.) 2. Finding that the proposed development, in the opinion of the City Council, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. The proposed development, in the opinion of the City, would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future: This finding is supported by the fact that the redevelopment proposed in this plan meets the City's objectives for redevelopment. Due to the high cost of redevelopment on the parcels currently occupied by substandard buildings, the bedrock under the site, the age and condition of the public infi'astructure, and the cost of fmancing the proposed improvements, this project is feasible only through assistance, in part, from tax increment financing. The developer was asked for and provided a preliminary sources and use statement as justification that the developer would not have gone forward without tax increment assistance. (See Appendix G of the TIF Plan.) The actual amount of tax increment assistance will be determined for each project after the costs of public improvements are known and the developer provides a detailed project proforma. The increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan: This finding is justified on the grounds that the cost of site and public improvements and utilities add to the total redevelopment cost. Historically, site and public improvements costs in this area have made redevelopment infeasible without tax increment assistance. This site has been identified and marketed for redevelopment over the past ten years without success. Therefore, the City reasonably determines that no other redevelopment of similar scope is anticipated on this site without substantially similar assistance being provided to the development. A comparative analysis of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. If all development which is proposed to be assisted with tax increment were to occur in the District, the total increase in market value would be up to $54,274,900. The present value of tax increments from the District is estimated to be $7,303,332. It is the Council's finding that no development with a market value of greater than $46,971,568 would occur without tax increment assistance in this district within 25 years. This fmding is based upon evidence from general past experience with the high cost of acquisition and public improvements in the general area of the District. (See Cashflow in Appendix D of the TIF Plan.) 3. Finding that the TIF Plan for the District conforms to the general plan for the development or redevelopment of the municipality as a whole. The Planning Commission reviewed the TIF Plan and found that the TIF Plan conforms to the general development plan of the City. 4. Finding that the TIF Plan for the District will afford maximum opportunity, consistent with the sound needs of the City as a whole, for the development or redevelopment of the Downtown Project Area by private enterprise. The project to be assisted by the District will result in increased employment in the City and the State of Minnesota, the renovation of substandard properties, increased tax base of the State, and transform several marginally contributing areas, in terms of economic vitality, into vibrant new buildings and spaces. 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