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Home My WebLink About07-16-01 CITY OF HASTINGS COUNCIL MEETI~G I. CALL TO ORDER: 7:00 P.M. DATE: Monday July 16, 2001 II. ROLL CALL: III. DETERMINATION OF QUORUM: IV. APPROVAL OF MINUTES: Approval of Minutes of the Regular Meeting of July 2, 2001 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 All Bills As Audited 2. Amendment to Addendum A and B of Agreements for Continuing . Disclosure Services and for Arbitrage and Rebate Monitoring Services for General Obligation Public Facility Bonds, Series 2001A and for General Obligation Improvement Bonds, Series 2001 B 3. Certification of Goals for Jakata Properties 4. Declare Frisbee Golf Goals as Excess Property 5. Authorize Advertisement for Bids-Civic Arena Ice Resurfacer 6. Authorize Advertisement for Bids-Hydropower Plant Stop Logs 7. Authorize Advertisement for Bids-2001 Sealcoat Project 8. Pay Estimate #2, Lock and Dam Access Road and Riverfront Trail Improvements-Holst Excavating, $137,458.09 9. Resolution-Safe & Sober 10. Resolution-Livable Communities Opportunities Grant VII. AWARDING OF CONTRACTS & PUBLIC HEARING: 1. Resolution-General Obligation Public Facility Bonds, Series 2001A and for General Obligation Improvement Bonds, Series 2001 B 2. Public Hearing-Alley Vacation (Block 64, Town of Hastings) 3. Public Hearing-Accessory Structure Height 4. Public Hearing-Summit Heights Rezoning (P-1 to R-3) 5. Public Hearing-Project 2001-9, Utility Extensions South to Century South Development 6. Public Hearing-Kranz Annexation . 7. Award Contract-Fencing & Resurfacing of Roadside Park VIII. REPORTS FROM CITY STAFF: -A. Public Works 1. Ftesolution-Ordering Improvement: Project 2001-9, Utility Extensions South to Century South Development B. City Planner 1. 2nd Reading, Ordinance Amendment-Accessory Structure Height 2. Resolution-Alley Vacation (Block 64, Town of Hastings) 3. 2n Reading, Ordinance Amendment-Summit Heights Rezoning (P-I to R-3) 4. Special Use Permit/Site Plan-Tom Thumb (1743 Vermilion Street) 5. Rescind South Pines IV Preliminary Plat Actionl Preliminary Plat Extension 6. Resolution-Industrial Court Parking Restrictions C. Administrator 1. Presentation of 2000 Comprehensive Annual Financial Report and Audit Management Report 2. Presentation of Greenways Plan-Bruce Chamberlin 3. 2nd Reading-Kranz Annexation 4. Recreational Fires 5. Pawn Shop License Renewal IX. COMMENTS FROM AUDIENCE: X. UNFINISHED BUSINESS: XI. NEW BUSINESS: XII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS: XIII. ADJOURNMENT: Next Regular City Council Meeting on Monday, August 6,2001 t Hastings, Minnesota July 2, 2001 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, July 2, 2001 at 7:00 p.m. in the City Hall Council Chambers, 101 4th Street East, Hastings, Minnesota Members Present: Councilmembers, Schultz, Hazlet, Hicks, & Riveness Mayor Werner Members Absent: Councilmembers Yandrasits & Moratzka Staff Members Present: Dave Osberg, City Administrator; Shawn Moynihan, City Attorney; Matt Weiland, Planning Direrctor; Tom Montgomery, Public Works Director; and Melanie Mesko, Administrative Assistant/City Clerk Approval of Minutes Mayor Werner asked if there were any corrections or additions to the minutes of the regular meeting of June 16, 2001. Hearing none, the minutes were approved as presented. Consent Agenda Councilmember Riveness requested that Item 4 of the Consent Agenda be moved to Item 3 under Public Works and Item 6 of the Consent Agenda be moved to Item 2 under Administrator. Moved by Councilmember Riveness, seconded by Councilmember Hicks, to approve the Consent Agenda as amended. 5 Ayes; Nays, None. Copy of resolutions on file. 1. Pay All Bills As Audited 2. Civic Arena Locker Agreement 3. Resolution-Reschedule Century South Utility Extension Project Public Hearing to July 16, 2001 4. Resolution-Remove Parking Restrictions Around Existing High SchoollNew Middle School-moved to Item 3 under Public Works 5. Resolution-Parking Restrictions on General Sieben Drive, Featherstone Road, and 4th Street in the Vicinity of the New High School 6. Authorize Advertisement for Bids-Roadside Park Tennis Courts-moved to Item 2 under Administrator 7. Approve Wellhead Protection Delineation Proposal . 8. Petition and Order Public Hearing-Alley Vacation: Block 64, Town of Hastings Minutes of the Regular Meeting of July 2, 2001 Page 2 of 4 Public Hearing-Alley Vacation: Block 90, Town of Hastings The public hearing was opened at 7:03 p.m. Planning Director Weiland explained that this alley vatation is an unimproved street and the petition for vacation was signed by six of the seven surrounding property owners. Hearing no public comment, the public hearing was closed at 7:04 p.m. 2nd Reading, Ordinance Amendment-Alley Vacation: Block 90,. Town of Hastings Moved by Councilmember Hicks, seconded by Counciimember Riveness to approve the alley vacation as presented. 5 Ayes; Nays, none. Approve Traffic Study Proposal Public Works Director Montgomery stated that this request is City action to help move the project for study of Highway 316 started and to begin discussion and involvement with MnDOT. Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the Highway 316 traffic study proposal as presented. 5 Ayes; Nays, none. Street Design-Sibley Street Public Works Director Montgomery stated that this request is to install 10-minute parking signs by the Guardian Angels block development rather than constructing a separate drop-off lane. Moved by Councilmember Schultz, seconded by Councilmember Hazlet to approve the Sibley Street parking restrictions as presented. 5 Ayes; Nays, none. Resolution-Remove Parking Restrictions Around Existing High School/New Middle School Councilmember Riveness expressed concerns about possible removal of stop signs around this location. Moved by Councilmember Riveness, seconded by Councilmember Hicks to remove stop signs from this resolution and direct staff to report back to the Council for recommended action. 5 Ayes; Nays, none. Copy of resolution on file. First Reading/Order Public Hearing-Ordinance Amendment: Accessory Structure Height Councilmember Riveness expressed a desire to restrict the size of door openings for accessory structures. Moved by Councilmember Riveness, seconded by Councilmember Schultz to approve the first reading, direct staff to work with Councilmember Riveness on door openings for accessory structures, and order a public hearing for July 16, ~001. 5 Ayes; Nays, none. Minutes of the Regular Meeting of July 2, 2001 Page 3 of 4 First Reading/Order Public Hearing-Rezoning Summit Heights from Rezoning from P-1 to R-3/PRD Moved by Councilmember Riveness, seconded by Councilmember Hicks to approve the first reading and order the public hearing for Summit Heights Rezoning for July 16, 2001. 5 Ayes; Nays, none. Preliminary Plat-Summit Heights Planning Director Weiland stated that the Planning Commission recommended approval of the preliminary plat with nine conditions outlined in the Planner's June 27, 2001 report. Greg Jablonske, the applicant, requested consideration of Conditions 7 & 9 in the report. Condition 7 stated that the cul-de-sac island will have an electric outlet and meter installed to accommodate seasonal lighting. J ablonske stated that he would prefer that no power be provided for the cul-de-sac and subsequently, no seasonal lighting would be permitted. Condition 9 required the developer to split one 6-unit building into two separate buildings. Jablonske stated that they have already reduced the density ofthe development and that the six-unit building would fit into the rest ofthe development. Moved by Councilmember Hicks, seconded by Councilmember Schultz to approve the preliminary plat for Summit Heights with Condition 7 to be amended to remove the requirement that it is metered and an electric outlet be installed and Condition 9 to be removed. 5 Ayes; Nays, none. Employee Status-Full-Time to Part-Time City Administrator Osberg stated that this request would permit an engineering department employee to reduce the regular workweek from 40 hours to 32 hours, with all benefits and accruals to be reduced at a similar rate. Osberg stated that this request is specific and further requests would be considered on a case-by-case basis. Moved by Councilmember Hazlet, seconded by Councilmember Hicks to approve the status change as requested. 5 Ayes; Nays, none. Authorize Advertisement for Bids-Roadside Park Tennis Courts Councilmember Riveness inquired whether this request for fencing and resurfacing includes fence screening. CounciImember Hicks stated that the request will be for a regular fence that is capable of installation of a windscreen, but that no screening is requested at this time. Riveness also expressed concern over the lighting of the courts. Moved by Councilmember Hicks, seconded by Councilmember Riveness to approve the advertisement for bids, to be reviewed by the NRRC prior to 90uncil approval. Minutes of the Regular Meeting of July 2, 2001 Page 4 of 4 5 Ayes; Nays, none. Adjournment t Moved by Councilmember Hicks, seconded by Councilmember Riveness, to adjourn the meeting at 7:39 p.m. 5 Ayes; Nays, None. ATTEST Mayor City Clerk Date: 07/12/2001 Time: 14:14:03 Department PUBLIC WORKS PUBLIC WORKS PUBLIC WORKS PUBLIC .wORKS '- ".CIL ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION ADMINISTRATION CITY CLERK CITY CLERK CITY CLERK .NCE' FINANCE FINANCE FINANCE FINANCE FINANCE CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES CITY FACILITIES Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~_~~~~___t_____ ~~~~~=~~=~~_____________ BDM CONSULTING ENGIN FEATHERSTONE RIDGE BDM CONSULTING ENGIN INSPECT BDM CONSULTING ENGIN INSPECTION BDM CONSULTING ENGIN SPIll BDM CONSULTING ENGIN WALLIN DAKOTA COUNTY SOIL/W SITE INSPECTION HASTINGS AREA CHAMBE MAY 2001 LODGING TAX Total for Department BARR ENGINEERING CO. RlVERDALE REVIEW BARR ENGINEERING CO. SPIV REVIEW BDM CONSULTING ENGIN INSPECT BDM CONSULTING ENGIN SUNSET WEST Total for Department 300 FILTERFRESH COFFEE SERVICE Total for Department 6011 1ST CLASS PRINT SUPP INK CARTRIDGE AT&T JUN LONG DISTANCE CHARGE CORPORATE EXPRESS OFFICE SUPPLIES FARMER BROS CO. . COFFEE IKON OFFICE SOLUTION COPIER LEASE IKON OFFICE SOLUTION FAX MACHINE METRO AREA MNGR ASSN MAMA LUNCH MTG SPRINT JULY TELEPHONE Total for Department 6020 DAKOTA CN'l'Y TREAS-AU LATHAM; JOHNSON ADVANCED HASTINGS STAR GAZETT UTILITY IMPROV; GERTEN PIONEER PRESS DISPAT ADV BUILDING INSPECTOR Total for Department 6040' AI CPA L WEBSTER MEMBERSHIP AMERICAN PAYROLL ASS BENSON; CLASS; YEAR END DEERFIELD SEMINARS CLASS; BENSON; FOR MN PU KERN, DeWENTER, VIER AUDIT FEES FOR 2000 YR E MN GOV'T FINANCE OFF 2001 CONFERENCE WELLS FARGO BROKERAG MAY SAFEKEEPING FEES Total for Department 6050 ALPHA VIDEO & AUDIO VGA TO VIDEO SCAN CONVER ELECTRO WATCHMAN, IN ALARM MONITORING ELECTRO WATCHMAN, IN SR CENTER ALARM MONITOR FINAL TOUCH SERVICES WINDOW WASHING MAINTENANCE ENGINEER BULBS NORTHLAND CHEMICAL S CLEANING SUPPLIES ORKIN PEST CONTROL JUNE SERVICE R & 0 ELEVATOR CO. I JULY SERVICE Total for Department 6080 VI-1 Page: 1 Amount 102.00 1,088.00 340.00 204.00 170.00 146.25 4,264.55 6,314.80* 933.00 1,768.00 7,526.00 102.00 10,329.00* 180.00 180.00* 35.98 19.54 42.05 23.92 251.12 152.78 48.00 1,117.03 1,690.42* 60.00 67.50 924.05 1,051.55* 125.00 324.00 160.55 6,000.00 400.00 37.75 7,047.30* 322.18 57.51 57.51 633.68 925.53 123.26 82.05 147.00 2,348.72* Date: 07/12/2001 Time: 14:14:04 )epartment Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~_~~~~____t_____ ~~~~~~~~~~~_____________ :ITY FACILITIES LIGH DAKOTA ELECTRIC ASSN JUN ELECTRICITY Total for Department 6081 i>OLICE i>OLICE i>OLlCE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLICE i>OLlCE i>OLICE i>OLICE I'OLICE i>OLlCE i>OLlCE i>OLICE i>OLICE I'OLICE i>OLICE POLICE POLICE POLICE POLICE D.A.R.E. PROGRAM BUILDING BUILDING BUILDING BUILDING BUILDING BUILDING IINlMAL CONTROL APPLE VALLEY FORD SGT CAR TRANSMISSION AT&T JUN LONG DISTANCE CHARGE BIRCHEN ENTERPRISES 2 TIRES BIRCHEN ENTERPRISES OIL CHANGE BIRCHEN ENTERPRISES REPAIR TIRE BIRCHEN ENTERPRISES TIRE BOISE .CASCADE OFFICE OFFICE SUPPLIES BOISE CASCADE OFFICE OFFICE SUPPLIES; PAPER BOISE CASCADE OFFICE TONER COLOR LAB INC. (PHOTO FILM DEVELOP COUNTY MARKET 18 BOX LUNCHES COUNTY MARKET BAKERY GOODS COUNTY MARKET CRIME FREE HOUSING PROJ; cy I S UNIFORMS, INC. GALLANT BOOTS DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS DAKOTA CNTY TREAS-AU LATHAM; JOHNSON ADVANCED ELECTRO WATCHMAN, IN ALARM MONITOR GRAPHIC DESIGN CRIME .FREE HOUSING BOOKL HASTINGS FORD-JEEP-E REPAIRS IKON OFFICE SOLUTION COPIER LEASE IKON OFFICE SOLUTION STAPLE TYPE-7 KONTRON MOBILE COMPU MOBILE COMPUTERS FOR SQU MN DEPT OF PUBLIC SA CJDN -CONNECT CHARGE PAGENET OF MN WIRELESS SERVICE PATROL BIKE SYSTEMS BIKE PATROL EQUIPMENT REGINA MEDI CAL CENTE LAPEAN LAB WORK SPRINT JULY TELEPHONE SUPERIOR WIRELESS OF RADIO BATTERY TROPHIES PLUS PLACQUE UNIFORMS UNLIMITED BADGES VERIZON WIRELESS, BE CELL PHONE WALMART COMMUNITY BR SUPPLIES Total for Department 6210 HASTINGS BUS CO SCHOOL PATROL PICNIC Total for Department 6218 BIRCHEN ENTERPRISES RECHARGE AIR CONDITIONIN CROSSROADS EXPRESS L OIL CHANGE DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS DOWNTOWN TIRE & AUTO BRAKE REPAIR NEXTEL COMMUNICATION JUNE SERVICE TERRY'S ACE HARDWARE ICE CHISEL Total for Department 6240 TOP DOG INC. JULY ANIMAL CONTROL Total for Department 6270 Page: 2 Amount 17.10 17.10* 105.58 182.13 127.71 106.93 7.20 63.86 79.86 417.10 112.89 21. 09 107.82 12.40 48.21 99.95 2,412.76 60.00 57.51 312.05 21. 06 125.56 77.73 34,647.43 390.00 82.23 378.17 44.75 1,627.01 53.25 79.34 152.30 57.24 14.25 42,085.37* 197.20 197.20* 160.81 46.96 153.63 236.01 75.11 28.74 701. 26* 1,200.00 1,200.00* Date: 07/12/2001 Time: 14:14:05 Department ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING ENGINEERING STREETS co' ":ETS ~ETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS S~-"ETS ETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREETS STREET LIGHTING STREET LIGHTING STREET LIGHTING Senior Center Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~-~~~~____t____ ~~~~~~~~~~~_____________ APWA REGISTRATION DAVID GURNEY CONFERENCE BDM CONSULTING ENGIN UTILITY INSPECTION BDM CONSULTING ENGIN UTILITY INSPECTIONS DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS DAKOTA COUNTY RECORD NOV 2000 ABSTRACT RECORD MONTGOMERY, THOMAS AIRFARE TO APWA; PARKING MOTOR PARTS SERVICE BLOWER MOTOR TERRY'S ACE HARDWARE HAMMER UNITED PARCEL SERVIC OVERNIGHT SHIPPING WOLFE, JUSTIN REIMBURSE EXP: TAILGATE Total for Department 6311 ANDERSEN, E.F. & ASS STREET SIGNS ANDERSEN, E.F. & ASS TRAFFIC CONES AT&T JUN LONG DISTANCE CHARGE COMMERCIAL ASPHALT C 41A WEAR DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS DIAMOND VOGEL PAINT PAINT; WHITE YELLOW GREENlMAGE CARE KIT; THROTTLE GREENlMAGE HOSE GREENlMAGE TANK SUPPORT GREENlMAGE TANK SUPPORT & PARTS GREENlMAGE TANK SUPPORT; CARE KIT G & K SERVICES TOWELS, MATS HATCH SALES CO. VESTS; GLOVES; RAIN COAT J-CRAFT INC BOX; PLOW; SANDER; HYDRA KOCHENDORFER, BRYEN STEEL TOE BOOTS MOTOR PARTS SERVICE 4 PC OFFST MOTOR PARTS SERVICE CORE CREDIT MOTOR PARTS SERVICE FILTER MOTOR PARTS SERVICE FILTERS MOTOR PARTS SERVICE FLEX HANDL MOTOR PARTS SERVICE MICRO-V NIEBUR IMPLEMENT CO CHAIN SHARPEN NIEBUR IMPLEMENT CO OIL; BAR OIL PINE BEND PAVING, IN 6.87 TONS FINE MIX SOUTH EAST TOWING IN TOWING SERVICE SPRINT JULY TELEPHONE THERMOGAS CO OF HAST 100 CYLINDERS V. I . P. TRAVEL CENTER REUDY AIRFARE PHlLADELPH WASTE MANAGEMENT TRASH RECEPTACLE Total for Department 6312 DAKOTA ELECTRIC ASSN JON ELECTRICITY GRAYBAR ELECTRIC MIN ORDER & FREIGHT XCEL ENERGY JUL ELECTRICITY Total for Department 6313 FIRST NAT'L BANK AUG SENIOR CENTER Total for Department 6521 Page: 3 Amount 420.00 68.00 4,023.50 207.39 19.50 267.42 45.78 14.69 13.16 22.73 5,102.17* 452.41 173.06 16.85 1,799.85 1,528.97 2,400.40 28.24 20.69 5.36 35.89 -19.87 99.07 347.78 47,818.90 50.00 36.27 -5.00 8.47 132.49 21. 25 27.16 50.00 24.34 267.06 186.38 262.07 21. 30 239.50 111.51 56,140.40* 817.73 51. 28 10,541.36 11,410.37* 1,527.35 1,527.35* Date: 07/12/2001 Department INSURANCES PARKS/RECREATION PARKS /RE CREAT ION PARKS/RECREATION PARKS/RECREATION PARKS /RECREATION PARKS /RECREATION PARKS /RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS /RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS /RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS /RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION PARKS/RECREATION Time: 14: 14: 05 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~_~~~~____t____ ~~~~~~~~~~~_____________ LEAGUE/MN CITIES INS WORK COMP DEDUCTIBLE Total for Department 6923 Total for Fund 101 NIEBUR OIL CO INC DIESEL FUEL Total for Department ARROW BUILDING CENTE LUMBER AT&T JUN LONG DISTANCE CHARGE BAHLS SERVICE MOWER TIRE CHEMSEARCH THREADLOCKER CUSHMAN MOTORS RIM DOERER'S GENUINE PAR 20040141016353 DOERER I S GENUINE PAR ANTENNA DOERER I S GENUINE PAR BELT DOERER I S GENUINE PAR BRK FLUID DOERER'S GENUINE PAR FUSE DOERER'S GENUINE PAR FUSE; FILTER DOERER I S GENUINE PAR OIL DOERER'S GENUINE PAR OIL FILTER DOERER'S GENUINE PAR TRM AST ELECTRO WATCHMAN, IN ALARM MONITORING GREENlMAGE HARNESS; FAN CASING IKON OFFICE SOLUTION COPIER LEASE IOWA PAINT MANUFACTU GRID IRON STRIPES LEEF BROTHERS, INC. TOWELS MIRACLE RECREATION E EQUIPMENT MTI DISTRIBUTING COM COM 360 DEGREE MTI DISTRIBUTING COM FUEL FILTER PUMP MTI DISTRIBUTING COM PARTS MTI DISTRIBUTING COM RELAY NEXTEL COMMUNICATION JUNE SERVICE NINE EAGLES PROMOTIO TESSIER JACKET; BIBS; SH O'CONNOR PLBG & HEAT PLUMBING SERVICE RENT 'N' SAVE PORTAB PORTABLE RESTROOMS SHERWIN-WILLIAMS PAINT SHERWIN-WILLIAMS TAPE SPRINT JULY TELEPHONE SUPERIOR WIRELESS OF NEXTEL 1700 TESSMAN SEED INC LINE MARKER PLUS VECTOR INTERNET SERV SERVICES; SMITH/ERICKSON XCEL ENERGY JUL ELECTRICITY Total for Department 6520 Total for Fund 200 LARSON, LORI SEASON PASS REFUND Total for Department Page: 4 Amount 802.59 802.59* 148,145.60* 762.30 762.30* 102.92 8.41 27.86 79.12 23.18 15.22 11.92 11. 48 3.61 4.63 19.51 30.44 . 7.66 .63 115.02 80.66 125.56 316.84 34.01 854.67 1,745.61 -57.83 2,410.66 82.02 225.78 240.00 385.00 895.07 79.53 37.96 172.41 173 .44 212.32 29.95 78.13 8,583.40* 9,345.70* 40.00 40.00* Date: 07/12/2001 Department Time: 14:14:06 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~_~~~~___t_____ ~~~~~~~~~~~_____________ PARKS AND RECREATION HANSON, MOLLY SWIM LESSON REFUND Total for Department 401 AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER AQUATIC CENTER ADOLPH KIEFER & ASSO TYR SOLID ADOLPH KIEFER & ASSO WHISTLES; FLYBACK GUARD AQUA LOGIC, INC. POOL CHEMICALS ELECTRO WATCHMAN, IN POOL ALARM MONITOR MINVALCO JOHNSON SPARK MODULE Total for Department 6511 Total for Fund 201 CULTURE/RECREATION AURAN, PAUL 2ND QTR; 12 MEETINGS @ $ Total for Department 6560 Total for Fund 205 CULTURE/RECREATION HASTINGS ACCESS CORP ACCESS SUPPORT Total for Department 6560 PIONEER ROOM FIRE FIRE FIRE FIRE p---.; FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE FIRE AMBULANCE Total for Fund 206 IKON OFFICE SOLUTION COPIER LEASE Total for Department 6641 Total for Fund 210 AT&T JUN LONG DISTANCE CHARGE BUREAU OF CRIMINAL A BOLER; CLASS; FIRE/ARSON BUREAU OF CRIMINAL A MESAROS CLASS; FlRE/ARSO COLOR LAB INC. (PHOTO FILM COUNTY MARKET COFFEE DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS EGGERT MICHAEL FIRE ACADEMY EXPENSES EMERGENCY APPARATUS FIRE TRUCK MAINT GRAPHIC DESIGN ENVELOPES GRAPHIC DESIGN SCHUTT; HOLMES BUS CARDS IKON OFFICE SOLUTION COPIER LEASE MOTOR PARTS SERVICE FLASHER MOTOR PARTS SERVICE HITCH BAR MOTOR PARTS SERVICE HITCH; PIN;2-BALL MOTOR PARTS SERVICE RECVR TUBE SPRINT JULY TELEPHONE VERIZON WIRELESS, BE CELL PHONE CHARGES WALMART COMMUNITY BR CARTRIDGES WALMART COMMUNITY BR FILM WALMART COMMUNITY BR SUPPLIES Total for Department 6220 BAUER, CARL REFUND; AMBULANCE OVERPA Page: 5 Amount 30.00 30.00* 47.95 62.35 1,448.40 79.88 80.72 1,719.30* 1,789.30* 600.00 600.00* 600.00* 20,000.00 20,000.00* 20,000.00* 125.56 125.56* 125.56* 41. 57 180.00 180.00 24.18 61.90 560.22 266.79 331. 04 53.25 183.42 125.56 28.70 -36.16 84.15 44.68 490.09 139.34 75.51 91. 33 122.37 3,047.94* 499.13 Date: 07/12/2001 Time: 14:14:07 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Department ~~~~~~-~~~~---j----- ~~~~~~~~~~~------------- !'.MBULANCE !'.MBULANCE !'.MBULANCE !'.MBULANCE !'.MBULANCE DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS PRAXAIR DISTRIBUTION MEDICAL OXYGEN REGINA MEDICAL CENTE AMBULANCE SUPPLIES TUNHEIM, ARNE REFUND 20010089 VECTOR INTERNET SERV INTERNET SERVICES Total for Department 6230 Total for Fund 213 DTHER SERVICES/CHARG HOLST EXCAVATING INC ESTIMATE #2 L/D ACCESS R JTHER SERVlCES/CHARG ST. CROIX ENVIRONMEN CONS SERVICES KOCH TANK Total for Department 6700 Total for Fund 400 !illMINISTRATlVE/UNALL LOCUS ARCHITECTURE, L DESIGN WORK; INTREPRETlVE !illMINISTRATlVE/UNALL REIS,INC PLUG Total for Department 6072 CP ADAMS PARK CP ADAMS PARK CP ADAMS PARK CP ADAMS PARK CEMSTONE PRODUCTS CO FRISBEE GOLF CEMENT CEMSTONE PRODUCTS CO FRISBEE GOLF GOALS UNITED BUILDING CENT LUMBER UNITED BUILDING CENT LUMBER; NAILS Total for Department 6720 ROADSIDE PARK HASTINGS STAR GAZETT AD BIDS ROADSIDE TENNIS Total for Department 6772 Total for Fund 401 ~THER SERVICES/CHARG SOFTWARE TAILORS, IN EXTERNAL SCSI Total for Department 6700 Total for Fund 403 ~THER SERVICES/CHARG BOLTON & MENK INC CONS SERV PROJ 2001-1 ~THER SERVICES/CHARG BOLTON & MENK INC CONS SERV PROJ 2001-9 ~THER SERVICES/CHARG HASTINGS STAR GAZETT AD BIDS ROADSIDE TENNIS Total for Department 6700 Total for Fund 491 WATER WATER WATER WATER WATER WATER WATER WATER AT&T JUN LONG DISTANCE CHARGE DPC INDUSTRIES, INC. HYDROFLOUROSILICIC ACIT DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS DAKOTA ELECTRIC ASSN JUN ELECTRICITY ELECTRO WATCHMAN, IN ALARM MONITORING GRAPHIC DESIGN WATER SHUT OFF NOTICES IKON OFFICE SOLUTION COPIER LEASE MN PIPE & EQUIPMENT FLAGS; SIGNS Page: 6 Amount 294.30 190.61 100.75 325.48 79.95 1,490.22* 4,538.16* 137,458.09 827.54 138,285.63* 138,285.63* 5,087.50 2.29 .5,089.79* 532.61 100.85 -20.80 71.11 683.77* 67.50 67.50* 5,841. 06* 115 . 11 115.11* 115.11* 5,505.46 9,597.50 50.75 15,153.71* 15,153.71* 16.84 409.82 1,129.81 48.63 57.51 26.63 125.56 308.74 Date: 07/12/2001 Department WATER WATER WATER WATER WATER WATER WATER WATER WATER WATER ....EWATER WASTEWATER WASTEWATER WASTEWATER TRANSIT TRANSIT TRANSIT TRANSIT TRANSIT TRANSIT TRANSIT-MAINTENANCE TD~NSIT-MAINTENANCE ,sIT-MAINTENANCE CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA CIVIC ARENA HYDROELECTRIC Time: 14:14:07 Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report ~~~~~~_~:~~___t_____ ~~~~~~~~~~~_____________ SPRINT JULY TELEPHONE TKDA ENGINEERS WATER SYSTEM PLAN TSR WIRELESS - MINNE PAGER RENTAL TWIN CITY WATER CLIN BACTERIA ANALYSIS US FILTER DISTRIBUTI 3/4" & 1 1/2" METERS US FILTER DISTRIBUTI 3/4" METERS US FILTER DISTRIBUTI GATE VALVE;PIPES;GASKET US FILTER DISTRIBUTI TRANSElVER UNITS VECTOR INTERNET SERV DIAL- UP XCEL ENERGY JUL ELECTRICITY Total for Department 7100 Total for Fund 600 DAKOTA ELECTRIC ASSN JUN ELECTRICITY FLEXIBLE PIPE TOOL C HOSE; COUPLING; MCES AUG WASTEWATER SERVICE XCEL ENERGY JUL ELECTRICITY Total for Department 7300 Total for Fund 601 AT&T JUN LONG DISTANCE CHARGE DAKOTA CNTY TREAS-AU JUN DAKOTA CO FUEL CHGS GRAPHIC DESIGN TRAC TOKENS LAKELAND TRUCK CENTE RET-FRT; INS-STAB LAKELAND TRUCK CENTE STAB BAR SPRINT JULY TELEPHONE Total for Department 7500 GRAPHIC DESIGN TRAC TOKENS LAKELAND TRUCK CENTE RET-FRT; INS-STAB LAKELAND TRUCK CENTE STAB BAR Total for Department 7502 Total for Fund 610 AT&T JUN LONG DISTANCE CHARGE BECKER ARENA PRODUCT GOAL FRAMES BREEZY POINT INTERNA MIAMA FALL MEETINGS;S MC ELECTRO WATCHMAN, IN ARENA ALARM MONITOR FARMER BROS CO. COFFEE SUPPLIES INTERSTATE ROOFING & APPLICATION #4 R & R SPECIALITIES, JEFF SEMINAR ON RESURFAC SPRINT JULY TELEPHONE Total for Department 7700 Total for Fund 615 AT&T JUN LONG DISTANCE CHARGE Page: 7 Amount 262.06 6,794.84 18.22 96.00 667.18 5,085.50 1,008.55 6,630.00 39.95 '42.61 22,768.45* 22,768.45* 34.25 569.14 61,399.33 370.18 62,372.90* 62,372.90* 4.06 676.42 13.00 1.85 5.47 53.51 754.31* 210.00 28.52 84.08 322.60* 1,076.91* 10.20 1,832.87 542.60 57.51 32.80 6,965.40 15.00 163.54 9,619.92* 9,619.92* .00 Date: 07/12/2001 )epartment iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC iITDROELECTRIC EfYDROELECTRIC EfYDROELECTRIC EfYDROELECTRIC Time: 14:14:0B Operator: BECKY KLINE CITY OF HASTINGS FM Entry - Invoice Payment - Department Report Vendor Name Description t BERG CHILLING SYSTEM CHILLER / 30% DEPOSIT BIRCHEN ENTERPRISES KEROSENE BOISE CASCADE OFFICE TAGS CANNON ELECTRIC MOTO REPAIR MOTOR CANNON ELECTRIC MOTO REPLACE BEARING GLENWOOD INGLEWOOD C WATER COOLER MENARDS LUMBER REIS,INC TAPE SPRINT JULY TELEPHONE UNITED RENTALS PUMP RENTAL WACO SCOFFOLDING DECK PLANK Total for Department 7900 Total for Fund 620 Grand Total Page: B Amount B,436.00 100.00 46.73 B4.96 BB.B4 165.74 241.29 1.B7 47.57 290.70 362.10 9,B65.BO* 9,B65.BO* 449,643.Bl* July 16, 2001 APPROVED: f' City Administrator Finance Director Councilmember Hazlet Councilmember Riveness Councilmember Schultz Councilmember Moratzka Councilmember Hicks Councilmember Yandrasits Mayor Werner VI-2 MEMO t To: From: Subject: Honorable Mayor and City council members Lori A. Webster, Finance Director ~:. . Continuing Disclosure and Arbitrage Rebate services agreements - contract amendments July 12, 2001 Date: Included in your packets you will find two separate amendments to add the City's two new bond issues to obtain continuing disclosure and arbitrage rebate services for these issues. The City routinely adds the new issues as they are sold. If you should have any questions, please feel free to contact me. Recommended Council Action Authorize execution of the attached amendments. 85 SEVENTH PLACE EAST, SUITE 100 SAINT PAUL, MN 55101-2887 651. 223.3000 FAX: 651.223.3002 E-MAIL: advisors@springsted.com ~F t SPRINGSTED Advisors to the Public Sector ~. June 13, 2001 Ms. Lori Webster, Finance Director City of Hastings 101 East Fourth Street Hastings, MN 55033-1955 Re: Continuing Disclosure and Arbitrage Rebate Requirements Relating to: $2,535,000 General Obligation Public Facility Bonds, Series 2001A $1,935,000 General Obligation Improvement Bonds, Series 2001 B Dear Ms. Webster: _ Previously, the City contracted with Springsted Incorporated to provide continuing disclosure and arbitrage rebate services for debt issues. The above-listed issues are subject to the same regulations as past issues. We have enclosed contract amendments for execution should the City wish to engage Springsted to provide these same services for the new issues. Please sign and return both copies to Springsted; we will return to you an executed copy and begin the monitoring process. If you choose not to engage Springsted for these services, please advise us as to who will be the responsible party so that we can coordinate efforts. ~u~ Robert D. Thistle, Senior Vice President Manager of Client Development ab Enclosures DES MOINES, IA CORPORATE OFFICE: SAINT PAUL, MN To Visit our website at www.springsted.com MILWAUKEE, WI . MINNEAPOLIS, MN e OVERLAND PARK, KS . VIRGINIA BEACH, VA . WASHINGTON, DC AMENDMENT TO ADDENDUM A OF AGREEMENT FOR CONTINUING DISCLOSURE SERVICES The Agreement dat,d July 1, 1997 for continuing disclosure between the City of Hastings ("Client") and Springsted Incorporated ("Advisor") is hereby amended as follows: Client and Advisor agree that the following Client debt obligation will be added to Addendum A, Continuing Disclosure Services , and be subject to the terms and provisions contained in the original Agreement: $2,535,000 General Obligation Public Facility Bonds, Series 2001A $1,935,000 General Obligation Improvement Bonds, Series 2001 B City of Hastings The foregoing Amendment is hereby entered into, effective , 20_, on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated Title Mr. Robert D. Thistle Client Representative . H0412.J4K4 ~.. . \ \ AMENDMENT TO ADDENDUM B OF AGREEMENT FOR ARBITRAGE AND REBATE MONITORING t The Agreement dated July 1, 1997 for arbitrage and rebate monitoring between the City of Hastings ("Client") and Springsted Incorporated ("Advisor") is hereby amended as follows: Client and Advisor agree that the following Client debt obligation will be added to Addendum B, Arbitrage and Rebate Monitoring Services, an<;J .be subject to the terms and provisions contained in the original Agreement: $2,535,000 General Obligation Public Facility Bonds, Series 2001A $1,935,000 General Obligation Improvement Bonds, Series 2001 B City of Hastings The foregoing Amendment is hereby entered into, effective , 20_, on behalf of the respective parties by signature of the following persons each of whom is duly authorized to bind the parties indicated. FOR CLIENT SPRINGSTED Incorporated Title Mr. Robert D. Thistle Client Representative H0412.J4K4 Regular Response Slip VI-3 July 10, 2001 FROM: The Honorable Mayor and Council t John Grossman, Industrial Park TO: RE: Certification of Goals, JAKA T A Properties, Inc. Background: 1. Jakata Properties, owned by Paul and Jacqueline Eischen, is the corporation that owns the property which is occupied by Eischen Cabinets. 2. The City Council approved the sale of .83 acre for $1.00 to Jakata Properties in 1998 under the terms of the City's Land Credit Program. The Development Agreement deferred the unpaid value of the land, $36,154, and provided that building and payroll credits could be used to offset the balance due at the end of five years. The agreement provided that Jakata meet two goals: build an office/manufacturing building of 10,000 sq.ft and create 2 new full-time jobs at $9.00/hr to meet the State subsidy requirements. If the goals were not accomplished, a prorated reimbursement for the land would be due to the City. The agreement is a lien on the title until the ~eity certifies-that-the goals are met..- 3. A building of 10,000 sq.ft. has been completed. The landscaping, curb and asphalt parking lot - and other site plan features have been installed. A Certificate of Occupancy has been issued. 4. Fourteen new jobs (full time equivalents) were created at $12/hr or more and certified to the State in March 2001. Certification of land credit .for meeting building and salary goals: The agreement provides that the owners can ask the City to make the -land credit calculation and certify that the goals have been met before the five years are up. Jakata and Eishen Cabinets have provided evidence that they have met the goals, as follows: A. Building credit. County Assessors market value of the building: Divided by 10 for a credit of $23,250 $232,500 B. Jobs credit (payroll reduced by existing payroll at time of sale) 12-month payroll of $264, 172 Divided by $27,000 (living wage) and multiplied by $3,600 for a credit of: $35,323 The payroll is documented by Employer's Quarterly Federal Tax Returns for 2000. C. Unpaid value ofland: Less credits, $23,250 and $35,323: Credit exceeds unpaid value by Balance owed City $36,154 $58,573 $22,419 o Staff recommendation: Authorize the execution of the Certificate by the Mayor and City Clerk, and the recording of the Certificate on the title to the property. C:\WINNT\Profiles\jgrossman\Personal\IPB\creditcertmemo.wpd 2 t CERTIFICATE This Certificate is executed this Day of , 2001 by the City of Hastings, Minnesota, a home rule charter city under the laws of the State of Minnesota (the "City"). WITNESSETH: WHEREAS, pursuant to a Purchase and Development Agreement dated as of October 2, 1998 (the "Development Agreement), the City has conveyed to Jakata Properties Inc., a ,Minnesota corporation (the "Developer") certain real property legally described as Lot 4, Block 1, Hastings Industrial Park Number 6, according to the recorded plat thereof, Dakota County, Minnesota (the "Property"); and WHEREAS, the Developer only paid a portion of the actual value of the Property in consideration for the City's conveyance of the Property to the Developer but with the understanding that if the Developer did not meet certain construction and wage and job goals, all or a portion of the value of the Property not paid at the time of the closing on the conveyance to the Developer would be payable by the Developer; and WHEREAS, pursuant to the Agreement the Developer agreed that the Developer's obligation to pay the value of the Property not paid at the closing on the conveyance would be assessed as a lien (the "Assessments") against the Property, subject to discharge if and when the Developer meets its construction and wage and job goals set forth in the Agreement; WHEREAS, the Agreement also provided that upon request by the Developer and upon submission by the Developer to the City of documentation showing that the Developer has met in full or in part its construction and wage and job goals the City would execute,a certificate to be recorded against the Property evidencing the Developer's performance and discharging in whole or in part the Assessments as a lien against the Prol;Jerty; and WHEREAS, the Developer has provided to the City documentation sufficient to allow the City to execute and deliver to the Developer this Certificate in accordance with the provisions of the Agreement. NOW, THEREFORE, the City does hereby certifY as follows: 1. The principal amount of the Assessments levied or to be levied against the Property pursuant to the terms offilie Agreement is $36,154.00. 2. As of the date hereof, because of the Developer's performance of its construction covenants and achievement of the wage and job goals set forth in the Agreement, the principal amount of the Assessments has been reduced by the amount of $58,473.00. 3. The remaining principal balance of the Assessments, subject to farther reduction as provided in the Agreement, is $0.00. IN WITNESS WHEREOF, the City has caused this Certificate to be executed as of the date first written above. CITY OF HASTINGS By . Michael D. Werner, Mayor By Melanie Mesko, City Clerk (seal) STATE OF MINNESOTA COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this day of 2001, by Michael D. Werner, and Melanie Mesko, the Mayor and City Clerk of the City of Hastings, a home rule charter city under the laws of the state of Minnesota. Notary Public This document was drafted by: BRADLEY & DEIKE, P. A 5100 Eden Avenue, Suite 300 Edina, MN 55436 Telephone: (612) 926-5337 VI-4 t MEMORANDUM TO: MaYO~a City Council .~, ~7 aart~ cNamara July 13, 2001 FROM: DATE: SUBJECT: Frisbee Golf Goals Staff is requesting Council to declare the old frisbee golf goals that have been replaced at C. P. Adams Park with new goals as excess. The plan is to sell the old goals. VI-5 t MEMORANDUM TO: Mayor and City Council .~d##~ 1V(a~c~aDaara FROM: DATE: July 13, 2001 SUBJECT: Civic Resurfacer Staff is requesting authorization to advertise for an ice resurfacer for the Civic Arena. The new ice resurfacer was approved in the 2001 budget. VI-6 MEMO To: From: Subject: Date: Honorabl~ Mayor and City Council Members Tom Montgomery Authorize Advertisement for Bids - Hydropower Plant Stop Logs July 11,2001 Council is requested to authorize advertisement for bids for replacing the hydropower plant's stop logs. The existing concrete stop logs are chipped from previous plant dewaterings and flood damage. In the past, these stop logs have been very difficult to place and seal for dewatering the plant. The 2001 Hydro budget included $80,000 for replacing the concrete stop logs with steel stop logs that can be picked and placed using a hoist attached to the trash rack cleaner overhead trolley beams. The plant needs to be dewatered as part of the flood damage repairs, and the new stop logs are needed for the dewatering. VI-7 MEMO To: From: Subject: Date: t Honorable Mayor and City Council Members Tom Montgomery Authorize Advertisement for Bids - 2001 Sealcoat Project July 11,2001 Council is requested to authorize advertisement for bids for the 2001 Sealcoat Project. Enclosed is a drawing showing the proposed streets to be sealcoated this year, covering the streets south of the Vermillion River by Highways 316 & 61, excluding Cari Park and South Pines developments. The extent of the sealcoat project will increase or decrease based on the bids received. $75,000 was budgeted for this maintenance work. z+ ~<J~J~-~~') ~~-{ I \~\ ~~~~ f" , ~ I ....., "i'.l; r.JJ I \ "'j;~" j ~: ~---J I /j J IH;-l~ ((( I' i i ,i '\.'..\::\\. I r--+--1 ~-l . lC::C:i : i .'\ tlnii [-~ I (~.\ 1 '~\ il1ffi r- ' \ >-< \ _i.!.l.~ I '\ \,'\\ --,--,--i i \ I i --J I \ I J L--_ ~ t-r-r-r ~ I~~') i ; t Ci GI U. Q i '-1-- I I I I . I ; , i ! I , I ; i i I I i i I i ! I I i I MILLARD AVE ---1 Q Q Q .... Q o II) Q Q II) i j m Q) (J) c. :2 () ~ tJ o 0: c. ~ .,... o o C\l ~2 =8~ O.C) "~O ~.CC .fI}.A. LLtn O~ >- 1-1- _tn 0<( :I: < . . . . . . . . ill 01 J ," ~ " .,... o o C\l iI !1 !i i L- l ; i I I i ! I r----- ".,.,. .0 I~ i ~~ I ( ; I ,,~ ~~ '., I i i lJ , +>: 11 ! :' ~ESTER AVE JEROY AVE ! t- , , \ , " i j ~ CONTRACTOR RECAPITULATION 2001 LOCK AND DAM ROAD IMPROVEMENTS CITY OF HASTINGS, MN 8MI PROJECT NO. T11.20118 10.Jul-01 TOTAL, COMPLETED WORK TO DATE RETAINED PERCEN~:AGE ( 5%) t . , TOTAL AMOUNT OF OTHER PAYMENTS OR (DEDUCTIONS) NET AMOUNT DUE TO CONTRACTOR TO DATE TOTAL AMOUNT PAID ON PREVIOUS ESTIMATES PAY CONTRACTOR AS ESTIMATE NO. 2 Certificate for Partial Payment I hereby certify that, to the best of my knoWledge and belief, all items quantities and prices of work and material shown on this Estimate are correct and that all work has been performed in full accordance with the terms and conditions of the Contract for this project between the Owner and the undersigned Contractor, and as amended by any authorized changes. and that the foregoing is a true and correct statement of the contract amount for the period covered by this Estimate. Coo~~d?CA~?r~ Name ' .,.,. . ~/;.# /CI ) , / ' lid! ~A' Title ------- -----..._------~---- CHECKED AND APPROVED AS TO QUANTITIES AND AMOUNT: BOLTON & MENK, INC., ENGINEERS, 1515 EAST HIGHWAY13, BURNSVILLE, MN., 55337-6857 By '-t11M~ 14 7r G1.M.~ Marcus A. Thomas, P.E. , PROJECT MANAGER Date 71101u/ APPROVED FOR PAYMENT: Owner: CITY OF HASTINGS By $201,500.13 -$10,075.01 $191,425.12 $53,967.03 $137,458.09 VI-8 --------- Name Title Date And Date Name Title CU YO (CV) = Cubic Yards, Compacted Volume (Measured in Place) CU YO (EV) = Cubic Yards, Excavated Volume (Measured in Place) (P) = Planned Quantity Basis of Measurement (1) = Not Subject To MNDOT Spec 1903 " VI-9 HASTINGS POLICE DEPARTMENT l50'East 3rd Street · Hastings, MN 55033-1989 · 651-437-4126 · Fax 651-437-1206 t July 11,2001 City of Hastings Attn: Melanie Mesko 101 E 4th St Hastings MN 55033 RE: Safe and Sober Program Dear Melanie, Attached is the resolution regarding the Safe and Sober Program for the City Council to approve as required by the Minnesota Department of Public Safety, Office of Traffic Safety. We have applied to participate in the Safe and Sober Program starting in October in conjunction with the Dakota County Sheriff's Office, Farmington Police Department and the South St. Paul Police Department. If you have any questions please feel free to contact me at any time. Sincerely, Sgt. Galland Hastings Police Department JFG/mc RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT t Be it resolved that the Hastinos Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2001 through September 30, 2002. The Chief of Police of the Hastinos Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Hastinos Police Department. Be it further resolved that the Sheriff of the Dakota County Sheriff's Office is hereby authorized to be the fiscal agent and administrator of this grant on behalf of the Hastinas Police Department. I certify that the above resolution was adopted by the City Council of Hastinos. Minnesota on July 16th. 2001. SIGNED: WITNESSETH: (Signature) (Signature) City Auditor City Clerk (Title) (Title) (Date) (Date) VI-10 t MEMORANDUM TO: Mayor Werner and City Council FROM: Matthew Weiland, City Planner DATE: July 12,2001 SUBJECT: Resolution Authorizing Application for Livable Communities Opputunities Grant Background: The Metropolitan Council is offering planning grant money to communities to do special projects which emphasizes the goals of their Livable Communities Program. These goals include promoting mixed use development near transit, intensifying land uses and redevelopment, linking people with affordable housing, jobs and transit. The.City of Hastings received a Livable Communities grant last year for the Guardian Angels project, but did not receive one for the mixed use downtown master plan. City staff are proposing the City apply for this planning grant to prepare a downtown mixed use plan described below. Downtown Mixed Use Plan - The City recently created a mixed use district in the downtown area as part of the 2020 Comprehensive plan. The City needs to adopt new ordinances and plans to guide new development and redevelopment in the downtown . These ordinances and plans will be designed to boh enhance and preserve the urban fabric of the downtown. This Planning money is also being requested to investigate alternative stormwater treatment systems in the downtown due to shorelandIMNNRA ordinance restraints. The anticipated cost of this plan is $120,000.00. The breakdown of costs are attached. This grant would require matching funds from the City in the form of cash or work in kind. Matching funds would come from the HRA and Planning Department budgets. Resolution As part ofthe application process, the Metropolitan Council requires that the City pass a resolution supporting the project and ensuring that it is meeting the Livable Communities Goals. Recommended Actitn: Motion to approve A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM t Downtown Master Plan Costs Planning Component Cost land use, open space, ecological, and recreational planning $10,000 conceptual master plans and vignettes for transit center, several $15,000 redevelopment sites within project area, restoration of ecological corridors, and recreational space architectural vignettes of transit center, home rehab, residential $15,000 above retail, in-fill housing and future highway 61 river bridge design guidelines for public and private sectors $10,000 stormwater treatment/management plan $10,000 communications systems/utility plan $10,000 zoning and shore land ordinance revisions in-house traffic study $15,000 market analysis $10,000 finance strategy $10,000 project outreach/communications $15,000 Total $120,000 t HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM Council member and moved its adoption: introduced the following Resolution WHEREAS, the City of Hastings is a participant in the Livable Communities Act's Housing Incentive Program for 2001 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Livable Communities Demonstration Account: and WHEREAS, the City has identified proposed projects within the City that meets the - Demonstration Account's purposes and criteria: and WHEREAS, the City of Hastings has the institutional, managerial and fmancial capability to ensure adequate project administration; and WHEREAS, the City Certifies that it will comply with all applicable laws and regulations as stated in the contract agreements; and WHEREAS the City Council of Hastings , Minnesota agrees to act as legal sponsor for the project contained in the Demonstration Account applications submitted August 1st, 2001: BE IT FURTHER RESOLVED, that the City Planner and HRA Director are hereby authorized to apply to the Metropolitan Council for this funding on behalf of the City of Hastings and execute such agreements as are necessary to implement the project on behalf ofthe applicant ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY OF JULY 2001. Council member moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. , t , Ayes: Nays: Absent: ATTEST: Melanie Mesko Administrative Assistant/City Clerk Michael D. Wemer,Mayor t I HEREBY CERTIFY that the above is a true and correct copy ofresol:ution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of July, 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Administrative Assistant/City Clerk ( SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings, MN 55033 ~ , VII-1 MEMO t To: From: Subject: Honorable Mayor and City council memb'~J\~ Lori A. Webster, Finance Director -1)l7- Resolution to Award sale of $2,535,000 G.O. Public Facility'Bonds, Series 2001A and $1,935,000 GO Improvement Bonds, Series 2001B July 12, 2001 Date: Attached (included in your packet) you will find the Resolutions accepting offer on the sale of $2,535,000 General Obligation Public Facility Bonds, Series 2001A and $1,935,000 General Obligation Improvement Bonds, Series 2001 B, as prepared by Briggs and Morgan, the City's Bond Counsel. Also included with the packet for City council members is a copy of the City's Official Statement as prepared by Springsted Inc. Bob Thistle, from Springsted, Inc. will be presenting the bids received for the bonds with recommendations for approval of the sale. I had a telephone conference/interview on Wednesday, July 11 with a representative from Moody's and - then the bonds went to the rating committee later that day. Moody's has reaffirmed the City's A2 rating! If you should have any questions, please feel free to contact me. Recommended Council Action Approve the attached City Resolutions accepting on the sale of $2,535,000 General Obligation Public Facility Bonds, Series 2001A and $ 1,935,000 General Obligation Improvement Bonds, Series 2001 B. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA t HELD: July 16, 2001 Pursuant to due call and notice thereof, a regular meeting ofthe City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly called and held at the City Hall in said City on Monday, the 16th day of July, 2001, at 7:00 P.M., for the purpose of awarding the sale of, $2,535,000 General Obligation Public Facility Bonds, Series 2001A of the City. The following members were present: and the following were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION ACCEPTING OFFER ON THE SALE OF $2,535,000 GENERAL OBLIGATION PUBLIC FACILITY BONDS, SERIES 2001A, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, pursuant to Section 5.17 ofthe City Charter, the City may borrow money for any authorized purpose, without the approval ofthe electors, unless a petition, signed by at least 5% of the number voting in the last general election, is filed with the City Clerk requesting an election, which petition must be filed within 10 days after the second publication of the resolution adopted by at least 3/4ths of the City Council determining to undertake such borrowing; and B. WHEREAS, on April 16, 2001, the City Council, by a unanimous vote passed a resolution (the "Borrowing Resolution") determining to issue general obligation bonds of the City, in an amount not to exceed $2,535,000, to finance a parks maintenance garage; and C. WHEREAS, the Borrowing Resolution was published in the official newspaper ofthe City on April 19, 2001, and April 26, 200l, and no petition requesting an election was filed with the City Clerk on or prior to May 6, 2001; and D. WHEREAS, the City Council of the City of Hastings, Minnesota (the "City"), hereby determines and declares that it is necessary and expedient to issue $2,535,000 General Obligation Public Facility Bonds, Series 2001A of the City, pursuant to Minnesota Statutes, Chapter 475, to finance a parks maintenance garage (the "Project"); and E. WHEREAS, offers to purchase the Bonds were soliciteg on behalf ofthe City by Springsted Incorporated; and 1 299982vl F. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book-entry form as hereinafter provided; and G. t WHEREAS, the following offers were received, opened and recorded at the offices of Springsted Incorporated at 12:00 Noon, this same day: Bidder Interest Rate Net Interest Cost NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, Minnesota, as follows: 1. Acceptance of Offer. The offer of (the "Purchaser"), to purchase $2,535,000 General Obligation Public Facility Bonds, Series 2001A of the City (the "Bonds", or individually a "Bond"), in accordance with the terms of proposal, at the rates of interest hereinafter set forth, and to pay therefor the sum of $ , plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable offer received and is hereby accepted, and the Bonds are hereby awarded to the Purchaser. The Clerk is directed to retain the deposit of said Purchaser and to forthwith return to the others making offers their good faith deposits. 2. Terms of Bonds. (a) Title; Original Issue Date; Denominations; Maturities; Term Bond Option. The Bonds shall be titled "General Obligation Public Facility Bonds, Series 200lA", shall be dated August 1, 2001, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2003 $30,000 2013 $ 125,000 2004 85,000 2014 130,000 2005 90,000 2015 140,000 2006 95,000 2016 145,000 2007 100,000 2017 155,000 2008 100,000 2018 160,000 2009 105,000 2019 170,000 2010 110,000 2020 180,000 2011 115,000 2021 185,000 2012 l20,000 2022 195,000 (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws ofthe State of New York or any of its 1299982vl 2 successors or successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form on\y (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 (with respect to optional redemption) and 10 (with respect to registration, transfer and exchange) Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount ofthat Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by (the "Bond Registrar") in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records ofthe Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. 1 299982vl 3 (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 12 hereof, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations, to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof, make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines thai the Depository is 1299982vl 4 no longer able to carry out its functions as securities depository or the continuation ofthe system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) t Upon termination of the services of the Depository as provided in the preceding paragraph, and ifno substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion ofthe' City, is willing and able to assume such functions upon reasonable or customary terms, or ifthe City determines that it is in the best interests of the City or the Beneficial Owners ofthe Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder ofthe Bonds shall designate at that time, in accordance with paragraph 10 hereof(with respect to registration, transfer and exchange). To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange), the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10 (with respect to registration, transfer and exchange) hereof. (d) Letter of Reo resent at ions. The provisions in the Letter of Representations are incorporated herein by reference and made, a part ofthe resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in , the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance a parks maintenance garage (the "Project"). The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount ofthe Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2002, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: 1299982vl 5 Maturity Interest Maturity Interest Year Rate Year Rate 200p % 2013 % 2004 2014 2005 2015 2006 2016 2007 2017 2008 2018 2009 2019 2010 2020 2011 2021 2012 2022 5. Redemption. All Bonds maturing in the years 2012 through 2022, both inclusive, shall be subject to redemption and prepayment at the option ofthe City on February 1, 2011, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities and principal amounts within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registr~. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the _ paying agent and to each affected registered holder ofthe Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 ofthe principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, ifthe City or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. , in , Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond 1299982vl 6 Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in tlf form of Bond and paragraph 12 (with respect to interest payment and record date) of this resolution. 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1 299982vl 7 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA AND WASHINGTON COUNTIES t CITY OF HASTINGS ~ $ GENERAL OBLIGATION PUBLIC FACILITY BOND, SERIES 2001A INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSlP August 1, 2001 REGISTERED OWNER: CEDE&CO. PRINClP AL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Hastings, Dakota and Washington Counties, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2002, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in , Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day ofthe calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice ofthe Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, 1299982vl 8 premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment of the redemption price upon a partial redemption of this Bond. Until terminatjon of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts ofthe Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington Counties, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 1299982vl 9 Date of Registration: t BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. Bond Registrar By Authorized Signature 1299982vl Registrable by: Payable at: CITY OF HASTINGS, DAKOTA AND WASHINGTON COUNTIES, MINNESOTA Isl Facsimile Mayor Isl Facsimile Administrator 10 ON REVERSE OF BOND Redemption. All Bonds ofthis issue (the "Bonds") maturing in the years 2012 through 2022, both i~lusive, are subject to redemption and ~repayment at the optio~ of the Issuer on February 1,2011, and on any date thereafter at a pnce of par plus accrued mterest. Redemption may be in whole or in part of the Bonds subj ect to prepayment. If redemption is in part, the Issuer shall determine the maturities and principal amount within each maturity to be prepaid; and if only part ofthe Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Regi'Strar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder of the Bonds. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 of the principal amount of such Bond~ The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, ifthe Issuer or the Bond Registrar so requires, a written instrument of - transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion ofthe principal of the Bond so surrendered. Issuance: Purpose: General Obligation. This Bond is one of an issue in the total principal amount of $2,535,000, all of like date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws ofthe State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on July 16,2001 (the "Resolution"), for the purpose of providing money to finance the construction of a parks maintenance garage in the City. This Bond is payable out of the General Obligation Public Facility Bonds, Series 200lA Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys forthe prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuable solely as fully registered bonds in the denominations of$5,000 and integral multiples thereof of a single maturity and are exchangeable for fully registered Bonds of other authorized denominations in 1299982vl 11 equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description ofthe rights and duties of the Bond Registrar. Copies ofthe Resolution are on filttin the principal office ofthe Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office ofthe Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount of this Bond"of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) ofthe Internal Revenue Code of 1986, as amended. 1299982vl 12 ABBREVIATIONS The fo\lowing abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) under the (Minor) Uniform (State) . Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1299982vl 13 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto " the within Bond and does hereby irrevocably constitute and appoint , attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face ofthe within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one ofthe major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. - Name and Address: (Include information for all joint owners ifthe Bond is held by joint account.) 1 299982vl 14 t Use only for Bonds when they are Registered in Book Entry Only System PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date 1299982vl Amount Authorized Signature of Holder 15 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request ofthe Purchaser, typewritten) shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, however, that the. seal of the City may ~e a printed (or, at the requ~st of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permitted by law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature ofthat officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsiniile of whose signature shall appear on the Bonds shall cease bbe such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as ifhe or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative ofthe Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication . on the Bond and by inserting as the date of registration in the space provided the date on which ~ the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1, 2001. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept atthe principal office ofthe Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 11 with respect to registration, transfer and exchange) of, and deliver, in the name ofthe designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds maybe exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amount and stated 1299982vl 16 maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds whfch the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. ' , All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar _ to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books ofthe City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment ofthedefaulted interest. Notice ofthe Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to interest payment and record date) on, such 1299982vl 17 Bond and for all other purposes whatsoever whether or not such Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. I' Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delIvered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Public Facility Bonds, Series 2001A-Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all ofthe Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds ofthe sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of $2,500,777. From the Construction Account there shall be paid all costs and expenses of the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds ofthe Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection oftaxes herein levied or covenanted to be levied. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all accrued interest received upon delivery of the Bonds; (b) all funds paid for the Bonds in excess of $2,500,777 ; (c) all collections of taxes herein or hereafter levied for the payment ofthe Bonds and interest thereon; (d) all funds , remaining in the Construction Account after completion of the Project and payment ofthe costs thereof; (e) all investment earnings on funds held in the Debt Service Account; and (f) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest and any premiums for redemption ofthe Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds ofthe Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) ofthe proceeds ofthe Bonds or $100,000. To this effect any special assessments against benefitted properties are also pledged to the Debt Service Account, in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulation,f) on such investments after taking into account any applicable "temporary periods" or "minor portion" 1299982vl 18 made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteect' within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all ofthe taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Amount Levy Collection 2001 2002 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 2012 2013 2013 2014 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Bonds, will produce at least five percent (5%) in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. l7. General Obligation Pledge. For the prompt and full payment ofthe principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds 1 299982vl 19 and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. t 18. Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditors of Dakota and Washington Counties, Minnesota, together with such other information as they shall require, and to obtain the County Auditors' certificates that the Bonds have been entered in the County Au"ditors' Bond Registers, and the tax levy required by law has been made. 19. Records and Bonds. The officers ofthe City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the issuance of the Bonds, certified copies of all proceedings and records ofthe City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations ofthe City as to the facts recited therein. 20. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with , the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 21. Negative Covenant as to Use of Proceeds and Proiect. The City hereby covenants not to use the proceeds ofthe Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost ofthe Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections l03 and 14l through 150 of the Code. 1299982vl 20 22. Tax-Exempt Status ofthe Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States ifthe Bonds (together with other obligations reasonably expected to be issued and outstanding at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for'governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more of the net proceeds of the Bonds are to be used for local governmental activities of the City (or ofa governmental unit the jurisdiction of which is entirely within the jurisdiction ofthe City), and (4) the aggregate face amount of all tax -exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) ofthe Code.. 23. Designation ofOualified Tax-Exempt Obligations: Issuance Limit. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and - representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 ofthe Code; ( c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other, than , private activity bonds, treating qualified 501 (c )(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this. calendar year 2001 will not exceed $10,000,000; and ( e) not more than $10;000,000 of obligations issued by the City during this calendar year 2001 have been designated for purposes of Section 265(b )(3) of the Code. 24. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" ofthe Bonds, being those portions thereof which will be used by the 1 299982vl 21 City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The Cjty hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration ofthe City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment ofthe Reimbursement Expenditure out ofthe proceeds of a subsequent borrowing; (ii) gives a general and functional description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account ofthe City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% ofthe "issue price" ofthe Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of$100,000 or 5% of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any ofthe other types of expenditures described in Section 1. 150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 24 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 25. Continuing Disclosure. (a) The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant 1299982vl 22 to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: t(1) Provide or cause to be provided, in a timely manner, to (i) each natiomil1y recognized municipal securities information repository ("NRMSIR") or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the state information depository (the "SID"), if any, notice ofthe occurrence of certain - material events with respect to the Bonds in accordance with the Undertaking. (2) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking are intended to be for the benefit of the holders and any other beneficial owners ofthe Bonds and shall be enforceable on behalf of such holders and beneficial owners; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement ofthe City's obligations under the covenants. (b) The Mayor and Administrator of the City, or any other officer of the City authorized to act in their place, (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the Council, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the purchaser ofthe Bonds and (iii) acceptable to the Officers. 26. Severability. If any section, paragraph or provision of this resolution shall - be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1299982vl 23 STATE OF MINNESOTA COUNTIES OF DAKOTA AND WASHINGTON CITY OF HASTINGS I, the ~dersigned, being the duly qualified and acting Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting ofthe City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of$2,535,000 General Obligation Public Facility,Bonds, Series 2001A of said City. WITNESS my hand this _ day of , 2001. Clerk 1 299982vl 24 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA t HELD: July 16, 2001 Pursuant to due call and notice thereof, a regular meeting .ofthe City Council of the City of Hastings, Dakota and Washington Counties, Minnesota, was duly called and held at the City Hall in said City on Monday, the 16th day of July, 2001, at 7:00 P.M., for the purpose of awarding the sale of, $1,935,000 General Obligation Improvement Bonds, Series 2001B of the City. The following members were present: and the following were absent: Councilmember moved its adoption: introduced the following resolution and RESOLUTION ACCEPTING OFFER ON THE SALE OF $1,935,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001B, PROVIDING FOR THEIR ISSUANCE AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, the City Council ofthe City of Hastings, Minnesota (the "City"), hasheretofore determined and declared that it is necessary and expedient to issue $1,935,000 General Obligation Improvement Bonds, Series 2001B of the City, pursuant to Minnesota Statutes, Chapters 429 and 475, to finance the construction of various improvement projects in the City (the "Improvements"); and B. WHEREAS, the construction of each ofthe improvement projects to be financed by the Bonds have heretofore been ordered; and C. WHEREAS, offers to purchase the Bonds were solicited on behalf of the City by Springsted Incorporated; and D. WHEREAS, it is in the best interests ofthe City that the Bonds be issued in book-entry form as hereinafter provided; and E. WHEREAS, the following offers were received, opened and recorded at the offices of Springsted Incorporated at 12:00 Noon, this same day: 1298478vl Bidder Interest Rate Net Interest Cost NOW~ THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings, Minnesota, as follows: 2. Terms of Bonds. (a) Title; Original Issue Date; Denominations; Maturities; Term Bonds. The Bonds shall be titled "General Obligation Improvement Bonds, Series 2001B", shall be dated August 1, 2001, as the date of original issue and shall be issued forthwith on or after such date as fully registered bonds. The Bonds shall be numbered from R-l upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity. The Bonds shall mature on - February 1 in the years and amounts as follows: Year Amount Year Amount 2004 $215,000 '2009 $190,000 2005 200,000 2010 190,000 2006 195,000 2011 190,000 2007 195,000 2012 185,000 2008 190,000 2013 185,000 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts' conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity ofthe Bonds; and for purposes of 1 298478v 1 2 complying with this requirement under paragraphs 5 (with respect to redemption) and lO (with respect to registration, transfer and exchange) Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amopnt of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by (the "Bond Registrar") in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of paymt?nt of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to or upon the Holder of the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10 hereof (with respect to registration, transfer and exchange), references to the Nominee hereunder shall , refer to such new Nominee. 1298478vl 3 (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or 9ty,' as the case may be, to the Depository as provided in the Letter of Representations, to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry. Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations "). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance ofsuch special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (x) In the case of a partial prepayment of a Bond, the Holder may, in lieu of surrendering the Bonds for a Bond of a lesser denomination as provided in paragraph 5 hereof (with respect to redemption), make a notation of the reduction in principal amount on the panel provided on the Bond stating the amount so redeemed. (c) Termination of Book-Entrv Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation ofthe system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. 1298478vl 4 (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions ofthe Depository hereunder can be found which, in the opinion ofthe City, is willing and alpe to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Ownersofthe Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder ofthe Bonds shall designate at that time, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange). To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10 hereof (with respect to registration, transfer and exchange), the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 1 o hereof (with respect to registration, transfer and exchange). (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the construction of various improvement projects in the City (the "Improvements"). The total cost of the . Improvements, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Improvements shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Improvements proceeds with due diligence to completion and that any and all permits and studies required under law for the Improvements are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2002, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Interest Maturity Interest Year Rate Year Rate 2004 % 2009 % 2005 2010 2006 2011 2007 2012 2008 2013 5. Redemption. All Bonds maturing in the years 2012 and 2013, shall be subject to redemption and prepayment at the option of the City on February 1,2011, and on any 1298478vl 5 date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the City shall determine the maturities and principal amounts within each maturity to be prepaid; and if only part ofthe Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to such Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, ifthe City or the Bond Registrar so requires, a written instrument oftransfer in form satisfactory to the City and the Bond Registrar duly executed by the holder thereof or his attorney duly authorized in writing) and the City shall execute and the Bond Registrar shall authenticate and deliver to the holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as - requested by such holder, in aggregate principal amoUnt equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. , in , ,Minnesota, is appointed to act as bond registrar and ,transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12 of this resolution (with respect to interest payment and record date). 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 1298478vl 6 UNITED STATES OF AMERICA STATE OF MINNESOTA DAKOTA AND WASHINGTON COUNTIES CITY OF HASTINGS t R- $ GENERAL OBLIGATION IMPROVEMENT. BOND, SERIES 2001B INTEREST RATE MATURITY DATE DATE OF ORIGINAL ISSUE CUSIP % August 1,2001 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS KNOW ALL PERSONS BY THESE PRESENTS that the City of Hastings, Dakota and Washington Counties, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date - specified above, unless called for earlier redemption, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2002, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of , in , Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice ofthe Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money ofthe United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, paym,ent of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as 1 298478vl 7 provided in the Letter of Representations, as defined in the Resolution, and surrender of this Bond shall not be required for payment ofthe redemption price upon a partial redemption ofthis Bond. Until termination of the book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. REFERENCE IS HEREBY MADE TO THE FURTHER PROVISIONS OF THIS BOND SET FORTH ON THE REVERSE HEREOF, WHICH PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS IF SET FORTH HERE. IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution, and laws ofthe State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hastings, Dakota and Washington Counties, Minnesota, by its City Council has-caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its City Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. 1 298478vl 8 Date of Registration: Registrable by: t Payable at: BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Resolution mentioned within. CITY OF HASTINGS DAKOTA AND WASHINGTON COUNTIES, MINNESOTA Isl Facsimile Mayor Bond Registrar By Authorized Signature Isl Facsimile Administrator 1298478vl 9 ON REVERSE OF BOND Redemption. All Bonds of this issue (the "Bonds") maturing in the years 2012 and 2013, are sUbjec{to redemption and prepayment at the option of the Issuer on February 1, 2011, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part ofthe Bonds subject to prepayment. Ifredemption is in part, the Issuer shall determine the maturities and principal amount within each maturity to be prepaid; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected Holder ofthe Bonds. Selection of Bonds for Redemption: Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date, a distinctive number for each $5,000 ofthe principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of such Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to - the Bond Registrar (with, if the Issuer or the Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and the Bond Registrar duly executed by the Holder thereof or his attorney duly authorized in writing) and the Issuer shall execute and the Bond Registrar shall authenticate and deliver to the Holder of such Bond, without service charge, a new Bond or Bonds of the same series having the same stated maturity and interest rate and of any authorized denomination or denominations, as requested by such Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance: Puroose: General Obligation. This Bond is one of an issue in the total principal amount of $1,935,000, all oflike date of original issue and tenor, except as to number, maturity, interest rate, denomination and redemption privilege, which Bond has been issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council of the Issuer on July 16, 2001 (the "Resolution"), for the purpose of providing money to finance the construction of various improvement projects. This Bond is payable out of the General Obligation Improvement Bonds, Series 2001B Fund ofthe Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations: Exchange: Resolution. The Bonds are issuabl~ solely as fully registered bonds in the denominations of $5,000 and integral multiples thereof of a single 1298478vl 10 maturity and are exchangeable for fully registered Bonds of other authorized denominations in equal aggregate principal amounts at the principal office ofthe Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a 4escription of the rights and duties ofthe Bond Registrar. Copies ofthe Resolution are on file in the principal office of the Bond Registrar. . ' Transfer. This Bond is transferable by the Holder in person or by his, her or its attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereoftothe Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations ofthe Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name ofthe transferee (but not registered in blank or to "bearer" or similar designation), of an authorized denomination or denominations, in aggregate principal amount equal to the principal amount ofthis Bond, ofthe same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payablein connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the. person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided on the reverse side hereof with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and - neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue' Code of 1986, as amended. 1298478vl 11 t ABBREVIATIONS The following abbreviations, when used in the inscription on the face ofthis Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - as custodian for (Cust) (Minor) under the Uniform (State) Transfers to Minors Act Additional abbreviations may also be used though not in the above list. 1298478vl 12 ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto t the within Bond and does hereby irrevocably constitute and appoint attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face ofthe within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: (Include information for all joint owners if the Bond is held by joint account.) 1298478vl 13 Use only for Bonds when they are Registered in Book Entry Only System t PREPAYMENT SCHEDULE This Bond has been prepaid in part on the date(s) and in the amount(s) as follows: Date 1298478vl Amount 14 Authorized Signature Of Holder 8. Execution: Temporary Bonds. The Bonds shall be printed (or, at the request ofthe Purchaser, -typewritten) shall be executed on behalf ofthe City by the signatures of its Mayor and Administrator and be sealed with the seal ofthe City; provided, however, that the seal of the City may lee a printed (or, at the request of the Purchaser, photocopied) facsimile; and provided further that both of such signatures may be printed (or, at the request of the Purchaser, photocopied) facsimiles and the corporate seal may be omitted on the Bonds as permittedby law. In the event of disability or resignation or other absence of either such officer, the Bonds may be signed by the manual or facsimile signature of that officer who may act on behalf of such absent or disabled officer. In case either such officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he or she had remained in office until delivery. The City may elect to deliver, in lieu of printed definitive bonds, one or more typewritten temporary bonds in substantially the form set forth above, with such changes as may be necessary to reflect more than one maturity in a single temporary bond. The temporary bonds may be executed with photocopied facsimile signatures of the Mayor and Administrator. Such temporary bonds shall, upon the printing of the definitive bonds and the execution thereof, be exchanged therefor and canceled. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on such Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution ofthe Certificate of Authentication - on the Bond and by inserting as the date of registration in the space provided the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue, which date is August 1,2001. The Certificate of Authentication so executed on each Bond shall. be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration: Transfer: Exchange. The City will cause to be kept at the principal office ofthe Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9 with respect to authentication) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any authorized denomination or denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option ofthe Holder, Bonds may be exchanged for Bonds of any authorized denomination or denominations of a like aggregate principal amoul}t and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond 1298478vl 15 Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All BJnds surrendered upon any exchange or transfer provided for in this resolution shall be promptly cancelled by the Bond Registrar and thereafter disposed of as directed by the City. All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or his, her or its attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby _ authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carryall the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment: Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books ofthe City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth (15th) day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten (10) days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of such Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12 above with respect to interest payment and record date) on, such Bond and for all other purposes whatsoever whether or not such Bond shall be' overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 1298478vl 16 l4. Delivery: Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt ofthe purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 15. t Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Improvement Bonds, Series 2001B Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and -the interest thereon have been fully paid. There shall be maintained in the Fund two (2) separate accounts, to be designated the "Construction Account" and "Debt Service Account", respectively. (i) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds, less accrued interest received thereon, and less any amount paid for the Bonds in excess of$I,915,650, and less capitalized interest in the amount of $ , (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient,funds to pay interest due on the Bonds on or before ), plus any special assessments levied with respect to the Improvements and collected prior to completion ofthe Improvements and payment of the costs thereof. From the Construction Account there shall be paid all costs and expenses of making the Improvements listed in paragraph 16 (with respect to assessments), including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred ofthe kind authorized in Minnesota Statutes, Section 475.65; and the moneys in said account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also - be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement ofthe collection oftaxes or special assessments herein levied or covenanted to be levied; and provided further that ifupon completion ofthe Improvements there shall remain any unexpended balance in the Construction Account, the balance (other than any special assessments) may be transferred by the Council to the fund of any other improvement instituted pursuant to Minnesota Statutes, Chapter 429, and provided further that any special assessments credited to the Construction Account shall only be applied towards payment ofthe costs ofthe Improvements upon adoption of a resolution by the City Council determining that the application of the special assessments for such purpose will not cause the City to no longer be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. (ii) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (a) all collections of special assessments herein covenanted to be levied with respect to the Improvements and either initially credited to the Construction Account and not already spent as permitted above and required to pay any principal and interest due on the Bonds or collected subsequent to the completion of the Improvements and payment of the costs thereof; (b) all accrued interest received upon delivery ofthe Bonds; (c) all funds paid for the Bonds in excess of$I,9l5,650; (d) capitalized interest in the amount of$ (together with interest earnings thereon and subject to such other adjustments as are appropriate to provide sufficient funds to pay interest due on the Bonds on or before ); ( e) all collections of taxes herein or hereafter levied for the payment of the Bonds and interest thereon; (f) all funds remaining in the Construction Account after completion ofthe Improvements and payment of the costs thereof, not so transferred to the account of 1298478vl 17 another improvement; (g) all investment earnings on funds held in the Debt Service Account; and (h) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay tht principal and interest and any premiums for redemption ofthe Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds ofthe Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used- directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent (5%) ofthe proceeds ofthe Bonds or $100,000. To this effect any special assessments against benefitted properties are also pledged to the Debt Service Account, in excess of amounts which under then-applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage r~gulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 16. Assessments. It is hereby determined that no less than twenty percent '(20%) of the cost to the City of each Improvement financed hereunder within the meaning of Minnesota Statutes, Section 475.58, Subdivision 1(3), shall be paid by special assessments to be heretofore levied against every assessable lot, piece and parcel ofland benefitted by any ofthe Improvements. The City hereby covenants and agrees that it will let all construction contracts not heretofore let within one (1) year after ordering each Improvement financed hereunder unless the resolution ordering the Improvement specifies a different time limit for the letting of construction contracts. The City hereby further covenants and agrees that it will do and perform as soon as they may be done all acts and things necessary for the final and valid levy of such special assessments, and in the event that any such assessment be at any time held invalid with respect to any lot, piece or parcel of land due to any error, defect, or irregularity in any action or proceedings taken or to be taken by the City or the City Councilor any of the City officers or employees, either in the making ofthe assessments or in the performance of any condition precedent thereto, the City and the City Council will forthwith do all further acts and take all further proceedings as may be required by law to make the assessments a valid and binding lien upon such property. It is hereby determined that the assessments shall be payable in equal, consecutive installments of principal, with interest on the declining balance, with general taxes for the years shown below and with interest on the declining balance of all such assessments at a rate per annum not greater than the maximum permitted by law and not less than 6.00% per annum: 1298478vl 18 Improvement Designation Amount Levy Years Collection 'Years 2001 Street and Utility Improvements Century South Utility Extensions Lock and Dam #2 and Trail Improvements $800,670.77 $170,152.57 $654,083.72 2002-2011 2002-2011 2002-2011 2003-2012 2003-2012 2003-2012 At the time the assessments are in fact levied the City Council shall, based on the then-current estimated collections ofthe assessments; make any adjustments in any ad valorem taxes required to be levied in order to assure that the City continues to be in compliance with Minnesota Statutes, Section 475.61, Subdivision 1. 17. Tax Levy; Coverage Test. To provide moneys for payment ofthe principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Year of Tax Year of Tax Levy Collection Amount 2002 2003 2003 2004 2004 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010 2011 2011 2012 The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment ofthe Bonds, will produce at least five percent (5%) in excess ofthe amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any ofthe Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 18. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid ~ut of any other 1 298478vl 19 funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 19. t Certificate of Registration. The Administrator is hereby directed to file a certified copy of this resolution with the County Auditors of Dakota and Washington Counties, Minnesota, together with such other information as they shall require, and to obtain the County Auditors' certificates that the Bonds have been entered in the County Auditors' Bond Registers, and the tax levy authorized by law has been made. 20. Records and Bonds. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality ofthe issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability ofthe Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 21. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders ofthe Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if - any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, subject to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 22. Negative Covenant as to Use of Proceeds and Improvements. The City hereby covenants not to use the proceeds of the Bonds or to use the Improvements, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Improvements, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and l41 through 150 ofthe Code. 23. Tax-Exempt Status ofthe Bonds: Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusiol} from gross income under Section l03 of the Code of the interest on the Bonds, including without limitation 1 298478vl 20 (1) requirements relating to temporary periods for investments, (2) limitations on amounts invested at a yield greater than the yield on the Bonds, and (3) the rebate of excess investment earnings to the United States if the Bonds (together with other obligations reasonably expected to be issued and outstanfIing at one time in this calendar year) exceed the small-issuer exception amount of $5,000,000. For purposes of qualifying for the exception to the federal arbitrage rebate requirements for governmental units issuing $5,000,000 or less of bonds, the City hereby finds, determines and declares that (1) the Bonds are issued by a governmental'unit with general taxing powers, (2) no Bond is a private activity bond, (3) ninety-five percent (95%) or more ofthe net proceeds of the Bonds are to be used for local governmental activities of the City (or ofa governmental unit the jurisdiction of which is entirely within the jurisdiction ofthe City), and (4) the aggregate face amount of all tax-exempt bonds (other than private activity bonds) issued by the City (and all subordinate entities thereof, and all entities treated as one issuer with the City) during the calendar year in which the Bonds are issued and outstanding at one time is not reasonably expected to exceed $5,000,000, all within the meaning of Section 148(f)(4)(D) of the Code. 24. Designation ofOualified Tax-Exempt Obligations; Issuance Limit. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representations: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b )(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501 (c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2001 will not exceed $10,000,000; and ( e) not more than $10,000,000 of obligations issued by the City during this calendar year 200l have been designated for purposes of Section 265(b )(3) of the Code. 25. Compliance with Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section l.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" ofthe Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). 1298478vl 21 The City hereby certifies and/or covenants as follows: (a) Not later than 60 days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf ofthe City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description ofthe property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account ofthe City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed 20% of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of$lOO,OOO or 5% of the proceeds ofthe Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1. 150-2(d)(3) ofthe Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later ofthree years after payment ofthe Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph 25 upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 26. Continuing Disclosure. (a) The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing,Disclosure Undertaking (the "Undertaking") hereinafter described to: 1298478vl 22 (1) Provide or cause to be provided, in a timely manner, to (i) each nationally recognized municipal securities information repository ("NRMSIR") or to the Municipal Securities Rulemaking Board ("MSRB") and (ii) the state infonttation depository (the "SID"), if any, notice of the occurrence of certain material events with respect to the Bonds in accordance with the Undertaking. (2) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking are intended to be for the benefit of the holders and any other beneficial owners ofthe Bonds and' shall be enforceable on beha:If of such holders and beneficial owners; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. (b) The Mayor and Administrator of the City, or any other officer of he City authorized to act in their place, (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the Council, subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the purchaser ofthe Bonds and (iii) acceptable to the Officers. 27. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions ofthis resolution. 28. Headings; Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption ofthe foregoing resolution was duly seconded by member and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. 1298478vl 23 STATE OF MINNESOTA COUNTIES OF DAKOTA AND WASHINGTON CITY OF HASTING? I, the undersigned, being the duly qualified and acting Clerk ofthe City of Hastings, Minnesota, DO HEREBY CERTIFY that I have compared the-attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance of$1,935,000 General Obligation Improvement Bonds, Series 2001B of said City. WITNESS my hand this _ day of ,2001. Clerk 1298478vl 24 k " CITY OF HASTINGS VII-2 & VIII-B-2 101 4th Street East. Hastings, MN 55033-1955 651-437 -4127 · Fax: 65l-437 -7082 t MEMORANDUM TO: Mayor Werner and City Council FROM: Matt Weiland, City Planner DATE: June 26, 2001 SUBJECT: Public Hearing - Alley Vacation Background i~formation: - Fred Olson has submitted an application and a petition to the City Of Hastings requesting the vacation of an alley (Site Location Map enclosed). The vacated property is legally described as follows: The 20 ft platted alley located in Block 64, Town of Hastings The main reason for the alley vacation request is that the alley is unimproved and not used by the neighbors, other than for yards. 3 of the five neighbors signed the petition If the City Council vacates this street, the applicant should be responsible for all recording fees required by Dakota County. Planning Comments: Every property owner in the city has a right to petition the city to vacate street r.o.w. property. However, the City is not obligated to vacate street/alley property. This property has always been unimproved and is not proposed for improvement A utility easement should be retained over the alley. Requested Action: Motion to adopt a resolution vacating the 20 ft platted alley located in Block 64, Town of Hastings Hastings on the Mississippi -- $ I- en :r: I- ex:> IS InN1VM ~... $ I- en :r: I- 0') LAND USE APPLICATION CITY OF HASTINGS l ' 101 4thStreet East, Hastings, MN 55033 Phone (651)437.4127 Fax (65"1)427.708~ Address of Property Involved: 505" w 1)1''-' ~~ \-\qf,.A~ 1"7 ~ YYI n Legal Description ofProp<;riy Involved: l",.\.. ft~ \3 ~oc k \.a L\ ; "hi '" ~ ~"'?:5 r {v-ilJ.ftJ-I/<-,- ( :J' ~:/ _ eJ. 1e-6L_ Applicant: Name Address \=~~ D \~{)Yl S-05 W %~ ~ +- ~sA\"V'l<,S v'\I\n. ~~31 ~51'" Y3 ~-3bO~ Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance # Section App. Com. Phone Fax Owner (If different from Applicant): Name .'.~.. Address _ t"J:?\~i') Phone Fax ..1UN 2 2 2001 Request: Rezone: Comp Plan Amend: Site Plan: Variance: CiT"\' Cj~ ...rd...:j":'~r'::iS Special Use: Subdivision: Vacation: ~\ DO . .~ Other: TOTAL: Description of Request (include site plan, survey, and/or plat if applica~le): ~V4n~(,,-J:).Of Signature of Applicant ., , Date Signature of Owner Date Applicant Name and Title - Please Print Owner Name - Please Print ~ t ..._..__.__=r'O.:._c.,<~ ~~C\c:'- \ . ._._m_____...__.____..__.___._.__._C~~ __~~--n\--\~~;:~~If\.-~ ~. . A~\"N\ \\!\ct.-\-.-\' ~0 e ~ \~~~ ___nnn _n__ ....__ .. (~ .-\-,-\ _~\t1. V)J!U{' __n_nnn______n.~~_~--. ~.~.~ i"__in~ _~~_'~. rv-L a.~ ...e.. ,i___._______~_?~.:tA'~*~~n~~D----""lg~CL~L.n--~h----A Lk""1- ..._ _ _n_ _..__ ...:.,-iL__________._ _.~__n~~\~ n- ~_n__5QSn ~_."B!~n'5_'* )_~{)O n_~~r~'+ c 'Jj~ mmm_ _,Cu'\ d'i2 '-L~~~", .__~__ ~ . A-mtt~ kL \.., .,.>t__.___________~.hD:.-\o~---.--'-=ch;_~- 'A\'~"'4--.lli't<'")m. '(\1).+- :__~__ . ~t'L___ro_"'~_v')___hLlJ~~-d-n--~n-.~-c.-{:~--- .............: ...\---:::-~~------:J2~-&.~~~-4:--~-~~ ...~n-h_C---.(Y)A.Vl'4.-~4 Jr s.. i;D;'!..'\~!.(i..;:.:L__.~0.\~,~~.~.~_W.:C.-nn~~-h.(~~J.L~____~ hc;:\-_\-~_.x.n. _..~-A_l~~..~. ..... ._.._.___.. _ __ ._. ," . :_________. n~ .__~.~n~~~-~~--n-\-.~ .~__ &f.C-:L 1'1 ~ ~_ _n ~ <- __ Lv ~_ \_ \ _ _ _ ___ __ __ '. ~_~:S-\-LiLk~\D'Y'-OV.'LktJ+\\t~-m--u--n--u .../.......::-.:.:.i~-.-. ___nnm __ .--.....-tlc. ~~_~_-'.~_.._____.___..n._____ --.-c\v..-.-------~--.- _ _ __ ._un __ .._________.... ___.......___________... _____.__. _..n....__... ../_m-.m.--.m-~~'f~~~_.. .timO~ .~____~~~_5CJ?_tu"fr-rJ~ J-t- ,-----.- ~.--.---.t-----.---.--.. - ---=;);?-.""l!'~;Z ;.m.~ .... . _ ~. ~~. .--.sFff'ML~~-~=~tt:?t~T-~~=~-_ _______---'___ .__-'--__._____u__~_.._______~_________~~______._.. _ _ _~_._._.._._ .______~________..___.__ __ __J____._.______________________.._._~_.. --.-.--~..------- -.- :---~. ._--............-_.-_.~---- , Page 1 of 1 ~~~~~-~ . , . " flle://C:\ WiIidows\ TEMP\FRED'S%20BACK%20ALL Yjpg 06/05/2QO 1 Page 1 of 1 -........"'.. ...:~.: - , . ~: :". t file:7/C:\Wiiidows\TEMP\FREDtS%20BACKYARDjpg' 06/05/2001 Page 1 of 1 file:/iC:\Wihd6ws\TEMP\FRED%202jpg' 06/05/200l t HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING ALLEY R-O-W BLOCK 64, TOWN OF HASTINGS Council member and moved its adoption: introduced the following Resolution WHEREAS, the Hastings City Council has initiated consideration of action to vacate the - alley legally described as follows: The 20 ft platted alley located in Block 64, Town of Hastings WHEREAS, on July 16th, 2001, a Public Hearing on this proposed alley vacation was held before the City Council of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the following legally described alley R.O.W: The 20 ft platted alley located in Block 64, Town of Hastings on file and of record in the office of the County Recorder, Dakota County, Minnesota, with the city reserving an easement over the west 10ft of the described parcel above, for public drainage and utility purposes. is hereby vacated effective of this date. t 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. Ayes: Nays: Absent: ATTEST: Michael D. Werner,Mayor, Melanie Mesko Administrative Assistant/City Clerk t 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 16th day of July, 2001, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko Administrative Assistant/City Clerk This instrument drafted by: City of Hastings 101 4th ST. Hastings, MN 55033 ( SEAL) To: From: Subject: Mayor Werner and City Council Matthew Weiland, City Planner Public Hearing (Chapter 4 Construction R~gulations -SEC. 4.15 ACCESSORY STRUCTURES HEIGHT) July 12, 2001 VII-3 & VIII-B-1 rf/cmOR-.Ar/::b Urf! Date: Background The City currently allows accessory buildings to be built to a height limit of 25 ft. This height limit allows large accessory buildings to be built that may not be compatible with surrounding residential areas. Staff is proposing to limit the side wall height of accessory structures to 10ft. This would limit the garage door height to a maximum of 9 ft. This height allows a reasonable building height for garages . This new proposed ordinances will provide the City a clear tool to use in regulating future accessory structure/building development Hastinas Planning Commission Public Hearing: No public comments were received at the planning commission public hearing. Planning Commission Recommendation: The Hastings Planning Commission recommended approval of an ordinances amending Chapter 4 Chapter -SEC. 4.15 ACCESSORY STRUCTURES Height, at their 6/25/01 Planning Commission meeting. Recommendation Motion to approve a an ordinance amending Chapter 4 Construction Regulations -SEC. 4.15 ACCESSORY STRUCTURES Height and to order a public hearing for 7/16/01 . \ t ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 4 CONSTRUCTION REGULATIONS OF THE HASTINGS CITY CODE HAVING TO DO WITH: SEC. 4.15 ACCESSORY STRUCTURES BE IT ORDAINED by the City Council ofthe City of Hastings as follows: SEC. 4.15 ACCESSORY STRUCTURES Chapter 4 ofthe Hastings City code is amended by adding following text: 8. The side wall height of accessory structures shall be limited to 10ft. 9.1. The following Table (Table 1) shall determine the number, size and setbacks of accessory structures. ill addition to the accessory structures listed in the Table 1, one accessory storage structure up to 120 sq. feet in size, and swimming pools meeting the requirements of SEC. 4.15 ACCESSORY STRUCTURES Sub2 Swimming pools. Table 1 Accessory Building/Structure Number, Size and Setbacks Setbacks Standards Property Zoning Number Total Side Side Rear Structures StructUre size Corner* A R-l,R-2,R-3,R-4, R-5, 1 1000 5 10 5 R-6 1 1000 5 10 5 1 t Multi - Family Site plan Site plan , Commercial/Office Districts reVIew reVIew Industrial Districts Site plan Site plan reVIew reVIew * Garages shall be set back 20 ft from Right of Way SECTION 10.26. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. PASSED AND ADOPTED by the Hastings City Council on this 2001. day of Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant! City Clerk 2 t I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the of 2001, as disclosed by the records ofthe City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings, MN 55033 3 VII-4 & VIII-B-3 Memo To: From: Date: Subject: t Mayor Wemer and City Council Kris Jenson, Associate Planner July 12,2001 Final Reading! Public Hearing - Rezone Summit Heigh,ts (P-I Public Institution to R-3 Medium High Density Residence Greg Jablonske has requested the rezoning of property (legally described below) from P-I Public Institution to R-3 Medium High Density Residence. That part ofthe Southwest Quarter of the Southwest Quarter of Section 29, Township 115 N, Range 17 W, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 52 minutes 30 seconds East, along the north line of said Southwest Quarter of the Southwest Quarter, a distance of 382.44 feet to the northeast corner of General Sieben Drive, as platted in SUNSET WEST, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota, and being the point of beginning ofthe land to be described; thence southerly, along the east line of said General Sieben Drive, on a nontangential curve concave to the southeast, having a radius of560.00 feet, a central angle of25 degrees 19 minutes 37 seconds for a distance of 247.54 feet, the chord of said curve bears South 12 degrees 09 minutes 42 seconds West; thence South 0 degrees 30 minutes 07 seconds East, along said east line of General Sieben Drive, a distance of 120.95 feet to the northwest corner of DAKOTA VIEW FIRST ADDITION, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota; thence North 89 degrees 52 minutes 30 seconds East, along the north line of said DAKOTA VIEW FIRST ADDITION, a distance of 430.00 feet; thence North 0 degrees 07 minutes 30 seconds West a distance of 160.00 feet; thence North 18 degrees 58 minutes 07 seconds West a distance of 212.22 feet to the north line of said Southwest Quarter ofthe Southwest Quarter; thence South 89 degrees 52 minutes 30 seconds West, along said north line ofthe Southwest Quarter ofthe Southwest Quarter, a distance of 310.00 feet to the point of beginning. Subject to any easement of record, if any. Containing 144,490 square feet more or less. Background Information: Comprehensive Plan Classification: The subject property is classified V-II (Urban Residential4.,g residential units!acre) in the City's 2020 Comprehensive Plan. The proposed development density for the subdivision is 5.1 units per acre. This is a consistent use with the comprehensive plan. Zoning Classification: The subject property is currently zoned P-I Public Institution. The reason the property was zoned P-I Public Institution is :becauseit had been part of the City's ponding basin property. This property was later declared excess City property and sold. Proposed Zoning cllssification: The subject property is proposed to be rezoned to R-3 Medium High Density Housing. Townhomes are a permitted use in this zoning district. Surrounding Properties: The subj ect property is currently vacant and is adj acent to developed single- family homes to the South, single family homes and twin homes to the West. To the east and north is a large detention pond, as well as the proposed site for the Dakota County Senior Housing Building. Planning Consideration: This is a good location for this type of zoning. It will provide a good transition between the 3 story senior housing building and commercial areas and the single family areas. The proposed zoning is consistent with the goals of the Comprehensive Plan. Planning Commission: The Planning Commission held a public hearing on June 25, 2001. There were no public comments made, and no concerns expressed by the Commission. The Commission unanimously recommended approval of the rezoning. Recommended Action: Motion to recommend an ordinance rezoning the property to R-3 Medium High Density Residence t ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council ofthe City of Hastings as follows: Subdivision 1. The following described properties are hereby zoned from P- I Public Institution to R-3 Medium High Density Residence: - That part ofthe Southwest Quarter of the Southwest Quarter of Section 29, Township 115 N, Range 17 W, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 52 minutes 30 seconds East, along the north line of said Southwest Quarter of the Southwest Quarter, a distance of 3 82.44 feet to the northeast corner of General Sieben Drive, as platted in SUNSET WEST, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota, and being the point of beginning of the land to be described; thence southerly, along the east line of said General Sieben Drive, on a nontangential curve concave to the southeast, having a radius of 560.00 feet, a central angle of25 degrees 19 minutes 37 seconds for a distance of247.54 feet, the chord of said curve bears South 12 degrees 09 minutes 42 seconds West; thence South 0 degrees 30 minutes 07 seconds East, along said east line of General Sieben Drive, a distance of 120.95 feet to the northwest corner of DAKOTA VIEW FIRST ADDITION, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota; thence North 89 degrees 52 minutes 30 seconds East, along the north line of said DAKOTA VIEW FIRST ADDITION, a distance of 430.00 feet; thence North 0 degrees 07 minutes 30 seconds West a distance of 160.00 feet; thence North 18 degrees 58 minutes 07 seconds West a distance of 212.22 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 52 minutes 30 seconds West, along said north line t of the Southwest Quarter of the Southwest Quarter, a distance of310.00 feet to the point of beginning. Subject to any easement of record, if any. Containing 144,490 square feet more or less. ADOPTED BY THE CITY COUNCIL THIS 16th DAY OF JULY, 2001. Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant! City Clerk t I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of July, 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings - 101 4th St. E. Hastings, MN 55033 ('i) I 0:: Ow c-- - .c 010) ;; 0... .- ctSE(J) o I .3e=== (J)';,E ===cE U).- ::1 aU) N (J) 0:: ~ L ~= LLUlliJ ~ 7 ~ I ,. '\ - I ~ T [T" I I I - ~ 1.i.1>11\ I \ / \ '(' IT '- Y ~! i;? )2; ~= ',icc$1i;; -~ :\~ w \~ H =~. ~ ---< ~~ ~ -rn.'AV I""' ..<xl.: I .- I 1. '\ ( '\ - "'> I:r. 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E (/) "C CllD Q)"- E 1<; (/)~ 0 ..-';..." 0 .r= '.' 2~ ~ D.EO ::>1- en ..-- , 0:: ..-- I 0:: <( f ,j :l! .a ,G o & -ll ~ c: o +:: ctl u o ...J Q) - en ..-- I 0:: VII-5 & VIII-A-1 MEMO f' To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Project 2001-9, Trunk Utility Main Extensions to Serve the Century South Development Date: July 12, 2001 Enclosed is a revised feasibility report on the proposed Project 2001-9, Trunk Utility Main Extensions to Serve the Century South Development. Council ordered a public hearing on this project for the July 16th Council meeting. The proposed utility extensions to serve the Century South development are a City initiated project that will require the votes of six Councilmembers to approve the project. PROPOSED IMPROVEMENTS This project originally envisioned an 18 inch diameter trunk sanitary sewer main extended south from CR #47 by the Dakota County shop, crossing beneath the Vermillion River and flood bypass channel and through the undeveloped Jab10nske property to the north boundary of the Century South development. However, a survey ofthe river bottom elevations revealed that the 18 inch diameter sewer would not be able to cross beneath the river at this location. The new alignment for the 18 inch diameter sewer will cross beneath the Vermillion River just north of the CR #47 Vermillion River bridge. The new alignment will then follow the proposed 31 8t St. alignment that was approved as part of the Riverwood 7th Addition plat. Within the Jablonske property, the sanitary sewer will follow a proposed extension of 31 8t St. east to intersect with a proposed extension of Century Drive, and follow Century Dr. south to the north property line of the Century South development. A 10 inch water main is proposed to be extended south from the trunk watermain that foliows the section line just north of 31 8t St.,through half of the undeveloped J ablonske property to the north boundary of the Century South development. This watermain will also follow a proposed Century Dr. extension alignment. These trunk utility mains are needed to service the Century South development and will be extended through the Century South development to serve future growth to the south and west as part of the development's street and utility construction. SUMMARY OF ISSUES AND COMMENTS The trunk sanitary sewer main will cross the undeveloped Riverwood property and the undeveloped Jablonske property. As noted above, the sewer main will follow the previously approved 31 8t St. alignment through the Riverwood property. The City has worked with Greg J ablonske to locate the sanitary sewer trunk main and water trunk main through his property along proposed alignments future 318t Street and Century Drive extensions. The City will have to acquire utility easements to install these sewer and water mains through the Riverwood and Jablonske properties. The City's assessment policy calls for funding of the oversizing costs of sanitary sewer and water trunk maids. The cost of oversizing and extra depth costs of the water and sewer mains through the Riverwood and Jablonske properties would be funded from the City's SAC and WAC funds. The oversizing and extra depth co~ts are estimated at $171,000. The remaining costs, which are equivalent to constructing a standard 8 inch diameter sanitary sewer and water main, are proposed to be assessed against the Riverwood and Jablonsky properties. These costs are estimated at $323,000. The Riverwood and Jablonske properties are proposed to be assessed for these improvements because they will benefit from their construction. These utility mains will service future development of the Riverwood and Jablonske properties and are construction costs that will not be incurred when that development occurs. The property value of the undeveloped land increases because the utilities are in place. Similar assessments have occurred in the past, such as the undeveloped property along Featherstone Road assessed for improvements extended to serve the Summit Point development, the First Baptist Church property at the corner of Pleasant Dr. and Northridge Dr. assessed for improvements extended to serve the Wallin development and the Conzemius and Featherstone properties assessed for improvements to west 4th St, Pleasant Dr., and General Sieben Drive. The Century South development is not proposed to be assessed for these improvements. As part of their development, Century South is required to extend the trunk mains through their property to serve future development to the south and west at their expense. The City will contribute only to the oversizing cost of the utility mains. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolutions ordering the construction of the trunk sewer and water mains and approving the construction plans and authorizing advertisement for bids. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA t Resolution No. - RESOLUTION ApPROVING PLANS AND SPECIFICATIONS FOR PROJECT 2001-9, TRUNK UTILITY MAIN EXTENSIONS TO SERVE THE CENTURY SOUTH DEVELOPMENT AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolutions adopted by the City Council on July 16, 2001, the City Engineer has prepared plans and specifications for Project 2001-9, Trunk Utility Main Extensions to serve the Century South Development NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; 1. Said plans and specifications prepared by the City Engineer are hereby approved. 2. The City Engineer shall prepare and cause to be inserted in the Hastings Star Gazette and in the Construction Bulletin an advertisement for bids for- the construction of the previously approved Project 2001-9, Trunk Utility Main Extensions in accordance with such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will opened and considered by the Council at 10:00 AM, Friday, August 17,2001 at Hastings City Hall, and that no bids will considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Hastings for 5%ofthe amount of each bid. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16th DAY OF JULY, 2001. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk SEAL CITY OF HASTINGS Dakota County, Minnesota t Resolution No. RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR PROJECT No. 2001-9, TRUNK UTILITY MAIN EXTENSIONS. ' TO SERVE THE CENTURY SOUTH DEVELOPMENT WHEREAS, a resolution of the City Council adopted the 18th day of June and 2nd day of July, 2001, fixed a date for a Council hearing on the proposed trunk sanitary sewer and water main extensions to serve the Century South development, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 16th day of July, 2001, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. Such improvement is necessary, cost-effective, and feasible as detailed in the revised feasibility report for the July 16th public hearing. 2. Such improvement is hereby ordered as proposed in the revised feasibility report. 3. The Hastings City Engineer is hereby designated the Engineer for this improvement and he shall prepare the final plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16th DAY OF JULY, 2001. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk (SEAL) FEASIBILITY REPORT t ON PROPOSED 2001-9 CENTURY SOUTH TRUNK UTILITY EXTENSIONS FOR mL Y 16, 2001 PUBLIC HEARING City of Hastings Engineering Department 2001 STREET AND UTILITY IMPROVEMENT PROGRAM Hastings, Minnesota Project No.: t 2001-9 Location: , Improvement: Initiation: Trunk Utility Extensions to serve Century South Addition Sanitary Sewer and Watermain Construction City Initiated Project Owners Abutting: 3 Right of Way: Right of way will need to be acquired. FuNDING SUMMARY: 1.) TOTAL PROJECT COSTS: (Includes 10 % Contingencies, 11 % for Engr., Legal, Administration, and Bonding Costs, 1 % assessment roll preparation, and 8% capitalized interest) 2.) FuNDING SOURCES: Assessed to Abutting Property Owners Oversizing Costs - SAC Fund WAC Fund M:\CONSTRUCTION]ROJECTS\2001\FEASffiILlTY\REPOR1\2001-9lMMREVISED FRPT.DOC $504,979.64 $323,052.84 $171,110.50 $ 10,816.30 2001 STREET UTILITY IMPROVEMENT PROGRAM Project 2001-9 CENTURY SOUTH TRUNk UTILITY EXTENSIONS Assessment Analvsis: 1.) SANITARY SEWER ASSESSMENT Estimated Sanitary Sewer Construction Plus Contingincies (10%) Less Sanitary Sewer Oversizing Costs Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11 %) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Assessable Project Costs Assessable Frontage Estimated Assessment Per Front Foot 2.) WATERMAIN ASSESSMENT Estimated Watermain Construction Plus Contingincies (10%) Less Oversizing Costs Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11%) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Assessable Project Costs Assessable Frontage Estimated Assessment Per Front Foot M :\Construction Projects\Feasibility200 1-09revisedgretenfffMM7 -11-01 .xls $364,675.00 $36,467.50 $171,110.50 $230,032.00 $25,303.52 $20,702.88 $276,038.40 3,338.00 $82.70 $ 45,450.00 $4,545.00 $10,816.30 $39,178.70 $4,309.66 $3;526.08 $47,014.44 1,355.00 $34.70 BOLTON g. MENK 06/18/2001 08:49 FAX 9528908065 @002 . ~ DUAL 18.,1,' SANITARY SEWER PIPE CROSSING UNDER VERMILUON RIVEp ~. EXISTING 14" TRUN!< WATERMAIN " - FUTURE R1VERWOOD DEVELOPMENT . ( Of,..:, I liiia..1N 8- ~ EN K., IN C /~^, CONSUL TING ENGINEERS a: SUR'lEYCRS _ , ! \ MANKA rot ),IN F'A1RMONT. MN SLfE?"r' ~. MN , ,aURNS\J1lli. MN . WlL!..\otAR. loiN AWES. IA UBERTY. 1.10 '0 I I CITY' OF. HASTINGS TBUN"K SANITARY SEWER .;: EXTENSION - SITE PLA.N-'o- JUNE. 2001 FIGURE NO. i Project 2001-9 Century South Utility Extensions Watermain Est. Asmt Rate: $ Sanitary Sewer Est. Asmt Rate: $ 34.70 per LF 82.70 per LF t parcel # owner last name owner first name 190330001765 Advanced Homes of Hastings, Inc. legal description: See 33 Twn 115 R17 E 435 ft of E 1/2 of CR #47 & pt of E 1/2 of SW 1/4 lying W of line commencing SE cor W 211.53 Ft L32D 418 ft R 40063 ft L 600 268 ft R 270111.40 ft CR #47 & There Term Ex Pt Platted as Riverwood WMLF o Water Est Asmt o SewerLF 773 owner address 308 Vermillion St. city. state HASTINGS ~ 55033 ofSW 1/4 lying S S of CR #47 & lying to beg of line R 90024 ft L 70081.15 ft to S RIW $ Sewer Est Asmt Total Est Asmt 63,923.81 $ 63,923.81 parcel # owner last name owner first name 190040001825 Advanced Homes of Hastings, Inc. legal description: Sec 4 Twn 114 R17 382.86 ft E of SW 60 ft W of NE Cor Riverwood 2nd, Riverwood Hill NW 1/4 Ex Pt lying Cor of E 1/2 of of NW 1/4 Ex 4th & 5th Add ex Townhomes No 1 & WMLF o Water Est Asmt o Sewer LF 865 owner address 308 Vermillion St. city. state HASTINGS ~ 55033 E of a line beg NW 1/4 NE to Pt Riverwood, pt platted as N02&N03 T. ~.~ ~ ~ " -= ~ ~-: :: _;: : ~ ~" "..:' ::. .:: ...~ ~ .:.-:...._ _ ,_ _ ~~, , ":;;:: _ """: c:._~ ~ $ Sewer Est Asmt Total Est Asmt 71,531.82 $ 71,531.82 parcel # owner last name owner first name owner address city. state ~ 190040001302 TANNER DAVID E TSTE 755 WESTVIEW DR PO BOX 65 HASTINGS 55033 legal description: See 4 Twn 114 R17 N 1/2 of NE 1/4 Less 11/100 Asc to No Nat Gas Co ex pt Platted as Powers Place & as Siebens 1 st, 2nd & 3rd additions & ex com SE Cor Blk 3 Siebens 3rd addition So on W Line Siebens 2nd 612.92 ft W 298.38 ft to W'ly Ext of S Line Siebens 3rd Add E on Extended Line to pt of beg WMLF Water Est Asmt Sewer LF Sewer Est Asmt Total Est Asmt 1355 $ 47,014.44 1700 $ 140,582.77 $ 187,597.21 TOTALS WMLF 1355 $ Water Est Asmt 47,014.44 Sewer LF 3338 $ Sewer Est Asmt 'Total Est Asmt 276,038.40 $ 323,052.84 00100000000 <00'<1"1'-0000'<1"0000 O>IOI'-C')O....C')'<I"OOCO ....1'-1'-'<1"'<1"0>000<01'- ~T""" ('I")"'C""""T"""T""" o o ci o C') l'- .... 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C\I C/) III:i:IIO 00 ooz CCZCC~ ww~wwo ~ z <( ;a: ~ w C\I !;t: ~ ~ C/) x <9 :)XoC/) Z "Om<9 .....moz i= Zo - C/) <(z~l::: x ;a:CwU:: ~ ~w>z o w::i-'o ~ !;t:c~~ b!z~~Ww wC~~!;t:d z~-C ~ Z09<9?0 O~b- b~ OI.... eo.... 0 ....C\IC')'<tIO<O C')o C')C') .~ cO .... co o .... ~ -rn 1/1 Q) 0'- og ClQ) c .2> "N C .- 0 l!!o ~~ 0& -.... ,ns + - o I- o o c:i II) '<t Ifi' '<I" <<II- ~ C/) o o z <( :IE a:: w I- ~ oJ ~ o I- VII-6 & VIII-C-3 MEMORANDUM TO: FROM: DATE: SUBJECT: I-fonorable Mayor and City Councilmembers Dave Osberg, City Administrator July 12, 2001 Annexation Ordinance RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the second reading of the attached annexation ordinance, after completion of the scheduled public hearing. ,Background The City has received a petition for annexation for a parcel of land lying west of the current City limits, and north of Featherstone Ro~d, owned by Edward and Shelly Kranz. Edward and Shelly Kranz are seeking annexation to the City of Hastings to allow for connection to City utilities. A copy of the petition and map of the area are included in the packet for review by the City Council. The first reading of the Ordinance was approved by the City Council at its meeting on June 4, 2001. A notice of the annexation ordinance hearing was also mailed to the surrounding property owners, and Nininger Township. Once approved by the City Council, the annexation ordinance will be forwarded to the Minnesota Office of Planning for their approval. In my absence, City Attorney Shawn Moynihan will present this agenda item at the meeting on Monday July 16,2001. David M. Osberg City Administrator ORDINANCE NO. AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CQRPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WInCH IS OWNED BY EDWARD AND SHELLY KRANZ PREAMBLE Edward and Shelly Kranz have represented to the City of Hastings that they are the sole owners of the property described as: That part of the Southwest Quarter of Section 20, Township 115, Range 17 Dakota County, Minnesota described as follows: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 219.0 feet to the point of beginning; thence continuing west along said south line a distance of 123.0 feet; thence deflecting 90 degrees right a distance of 363.0 feet; thence deflecting 90 degrees left a distance of 190.0 feet; thence deflecting 90 degrees right a distance of 237.0 feet; thence deflecting 90 degrees right a distance of 279.0 feet; thence deflecting 90 degrees right a distance of 237.0 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315.0 feet to the point of beginning. Containing 2.5 acres. Subject to a road easement over the south 33 feet thereof. Together with an easement for ingress and egress over the following described tract of land: Commencing at the southeast corner of said Southwest Quarter; thence west along the south line thereof a distance of 186.7 feet to the point of beginning; thence continuing west along said south line a distance of 32.3 feet; thence deflecting 90 degrees' right a distance of 315.0 feet; thence deflecting 90 degrees right a distance of 28.2 feet more or less to a point 186.7 feet west of the east line of said Southwest Quarter; thence south parallel with the east line.of said Southwest Quarter a distance of 315.0 feet more or less 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 1.5 acres in size. Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 60 acres or less; that the property is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; that the City of Hastings received a properly prepared Petition for Annexation signed by all of the owners of the property; and that the Petition for Annexation complies with all of the provisions of Minn. Stat. 414.033. . Section 2. The property is urban or suburban in character and is in need of City services, which can be provided by the City of Hastings. t 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. The Ordinance shall become effective upon its passage, seven days after its publication, the filing of the certified copies as directed in Section 4, and upon approval of this Ordinance by the Minnesota Office of Planning. Adopted by the City Council of the City of Hastings, Minnesota this 16th day of July, 2001. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk Certification Melanie Mesko, 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 July 16,2001. Melanie Mesko, City Clerk (SEAL) t City of Hastings City Council Public Hearing Notice Notice is hereby given that the City Council of the City of Hastings will conduct a Public Hearing on Monday, July 16, 2001 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 E. 4th Street, to consider the adoption of An Ordinance of the City of Hastings, Extending Its Corporate Limits to Include Certain Land Abutting the City Which is Owned by Edward and Shelly Kranz. All persons interested in commenting on the proposed Ordinance will be given an opportunity to do so at the public hearing. A copy of the Ordinance is available at the Hastings City Hall during normal business hours. ....~~ , , .:3:} STATE OF MINNESOTA DISTRlCT COURT' COUNTY OF DAKOTA f' FIRST JUDICIAL DISTRICT' ------------------------------------------------------- Court File No. Edward Kranz and Shelly Kranz, Petitioners, v. PETITION FOR ANNEXATION City of Hastings, Dakota County; Minnesota Respondent. ------------------------------------------------------- Pursuant to Minnesota Statutes 9414.033, the undersigned, Edward Kranz and Shelly Kranz, being all of the owners thereof; petition the City Council of the City of Hastings, Minnesota for annexation of the land described as follows: See attached Legal Description. The basis for such annexation is as follows: I. The land is urban or suburban in character or is about to become so. 2. The land abuts the Municipality and the area to be annexed i~ less than 60 acres. 3. The land is not presently served by public sewer facilities and such sewer facilities are Dated: ,. It ~ , 2001. not otherwise available. Dated: ~ II?"! ')r;o ( , 2001. /ft#/#~/ 5-/;/-01' :;l Vi' en' :::J g. Q) en c ~ '< en ~m= b ~ c;- :::J --<r' m :DIDIIIIIIIIDIIII~DDIIID} fP~n~n2l:~inn~qnn~ i I~~ n~lnp~puPIU~I'. t g;1 n ~iil~; i!PII dl i ~ I 1IIIIlilil " I ~ 1JFa 94:~ 0':::1 g~ ~ o' :::::I 755 Westview Drive p, O. Box 65 Hastings, MN 55033 TANNER, HAMILTON & ASSOCIATES, EA. Attorneys and Counselors at Law DAVID E. TANNER+ MICHAEL G. HAMILTON* TELEPHONE (65 I) 4-37-8037 FAX (651)4-37-1731 t June 26, 2001 Mayor and City Council City of Hastings, 101 E. 4th Street' Hastings, ~ 55033 RE: Annexation Ordinance by Edward ~nd Shelly Kranz Dear Mayor arid Council: Our office represents Nininger Township. The Clerk of the Township was served with a Notice of Public Hearing scheduled for Monday; July 16, 2001, relative to a Petition for Annexation by Edward ~ranz and Shelly Kranz. The premise for the Petition is that the, land abuts or is contiguous, to the City. According to our information the land owned by Edward Kranz and Shelly Kranz is not con~isuous to the City of Hastings. To the east of -the Kranz property is a parcel owned by Thomas Lewanski. North and west of the Kranz property is agricultural property located in Nininger Township. D'irectly west of the house is the cemetery and south of the Kranz property is 140th, Street, of which the north half is in the Township and is a Township road. I enclose survey and land information obtained from Dakota County showing the subject property. Would you please note this objection for your Hearing and advise me of any action you may take relative to the Petition. Very truly yours, t ~ /"..--:> yJ-......-J ~.. / c~,~ - David E. Tanner DET:kss Ene. File No. 4i18.05 cc:~awn'Moynihan Bob Rotty Judy Krupich Mr. and Mrs. Edward Kranz + qualified neutral under Rule 114- of the Minnesota General Rules of Practice * also admitted in Maryland " Dakota County Real Estate Inquiry Data Updated 5/31/01. Select option and click map: I~o~f!l!~ ,..,. '.@O Legend Real, Estate Parcels l!iI Paroels Il3 Common, Ownership . Water ' I!il R/W. Easement Cl Dedicated RJW I~!~~_~,~,~~_. Choose a search method, enter criteria, and click Go or hit enter key. House #: I_~__m '"'' Address: L___..m_ PIN: L, ,. .....; lilt "mmm.":_ 'III'" ' .. " ......: ... This application was developed by the GIS unit of the Dakota County Survev and Land Information Department in cooperation with Assessing Services, Treasurer - Auditor and Prooertv Records Departments . ~~ VII-7 t MEMO To: ity Council -? .,/' , Namara, Parks & Recreation Director From: Subject: Date: July 12,2001 The City of Hastings solicited bids to resurface and fence the Roadside Park Tennis Courts. The following two bids were submitted and opened at 9:00 a.m. on Thursday, July 12, 2001: All Surface Specialists Inc. $73,500.00 $78,680.00 Blacktop Repair Service Inc. - Staff budgeted $65,000.00 in the 2001 Budget to resurface and fence the tennis courts. Staff will be working with the finance department to determine, the possibility of funding the additional $10,000.00 to complete the project. This information and reference checks will be conducted prior to the council meeting and Staff will have a recommendation for your review on Monday, July 16, 2001. If you have any questions concerning this matter please call me on Monday, July 16th. Thank you. VII-5 & VIII-A-1 MEMO To: Honorabte Mayor and City Council Members From: Tom Montgomery Subject: Proj ect 2001-9, Trunk Utility Main Extensions to Serve the Century South Devel~pment Date: July 12, 2001 Enclosed is a revised feasibility report on the proposed Proj ect 2001-9, Trunk Utility Main Extensions to Serve the Century South Development. Council ordered a public hearing on this project for the July 16th Council meeting. The proposed utility extensions to serve the Century South development are a City initiated project that will require the votes of six Councilmembers to approve the project. PROPOSED IMPROVEMENTS This project originally envisioned an 18 inch diameter trunk sanitary sewer main extended south from CR #47 by the Dakota County shop, crossing beneath the Vermillion River and flood bypass channel and through the undeveloped Jablonske property to the north boundary - of the Century South development. However, a survey of the river bottom elevations revealed that the 18 inch diameter sewer would not be able to cross beneath the river at this location. The new alignment for the 18 inch diameter sewer will cross beneath the Vermillion River just north of the CR #47 Vemlillion River bridge. The new alignment will then follow the proposed 31 st St. alignment that was approved as part of the Riverwood 7th Addition plat. Within the J ablonske property, the sanitary sewer will follow a proposed extension of 31 st St. east to intersect with a proposed extension of Century Drive, and follow Century Dr. south to the north property line of the Century South development. A 10 inch water main is proposed to be extended south from the trunk watermain that follows the section line just north of 31 st St., through half of the undeveloped J ablonske property to the north boundary of the Century South development. This watermain will also follow a proposed Century Dr. extension alignment. These trunk utility mains are needed to service the Century South development and will be extended through the Century South development to serve future growth to the south and west as part of the development's street and utility construction. SUMMARY OF ISSUES AND COMMENTS The trunk sanitary sewer main will cross the undeveloped Riverwood property and the undeveloped J ablonske property. As noted above, the sewer main will follow the previously approved 31 st St. alignment through the Riverwood property. The City has worked with Greg J ablonske to locate the sanitary sewer trunk main and water trunk main throug}1 his property along proposed alignments future 31 st Street and Century Drive extensions. The City will have to acquire utility easements to install these sewer and water mains through the Riverwood and J ablonske properties. The City's assessment policy calls for funding of the oversizing costs of sanitary sewer and water trunk mail$. The cost of oversizing and extra depth costs ofthe water and sewer mains through the Riverwood and Jablonske properties would be funded from the City's SAC and WAC funds. The oversizing and extra depth costs are estimated at $171,000. The remaining costs, which are equivalent to constructing a st~dard 8 inch diameter sanitary sewer and water main, are proposed to be assessed against the Riverwood and Jablonske properties. These costs are estimated at $323,000. . l'he Riverwood and Jablonske properties are proposed to be assessed for these improvements because they will benefit from their construction. These utility mains will service future development of the Riverwood and Jablonske properties and are construction costs that will not be incurred when that development occurs. The property value of the undeveloped land increases because the utilities are in place. Similar assessments have occurred in the past, such as the undeveloped property along Featherstone Road assessed for improvements extended to serve the Summit Point development, the First Baptist Church property at the corner of Pleasant Dr. and Northridge Dr. assessed for improvements extended to serve the Wallin development and the Conzemius and Featherstone properties assessed for improvements to west 4thSt, Pleasant Dr., and General Sieben Drive. The Century South development is not proposed to be assessed for these improvements. As part of their development, Century South is required to extend the trunk.mains through their property to serve future development to the south and west at their expense. The City will contribute only to the oversizing cost of the utility mains. COUNCIL ACTION REQUESTED Council is requested to adopt the enclosed resolutions ordering the construction of the trunk sewer and water mains and approving the construction plans and authorizing advertisement for bids. CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. RESOLUTioN ApPROVING PLANS AND SPECIFICATIONS FOR PROJECT 2001-9, TRUNK UTILITY MAIN EXTENSIONS TO SERVE THE CENTURY SOUTH DEVELOPMENT AND ORDERING ADVERTISEMENT FOR BIDS WHEREAS, pursuant to resolutions adopted by the City Council on July 16, 2001, the City' Engineer has prepared plans and specifications for Proj ect 2001-9, Trunk Utility Main Extensions to serve the Century South Development NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; 1. Said plans and specifications prepared by the City Engineer are hereby approved. 2. The City Engineer shall prepare and cause to be inserted "in the Hastings Star Gazette and in the Construction Bulletin an advertisement for bids for the construction of the previously approved Proj ect 2001-9, Trunk Utility Main Extensions in accordance with ' such approved plans and specifications. The advertisement shall be published for two weeks, shall specify the work to be done, shall state that bids will opened and considered by the Council at 10:00 AM, Friday, August 17,2001 at Hastings City Hall, and that no bids will considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City of Hastings for 5%of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16th DAY OF JULY, 2001. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk SEAL CITY OF HASTINGS Dakota County, Minnesota t Resolution No. RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR PROJECT No. 2001-9, TRUNK UTILITY MAIN EXTENSIONS. ' TO SERVE THE CENTURY SOUTH DEVELOPMENT WHEREAS, a resolution of the City Council adopted the 18th day of June and 2nd day of July, 2001, fixed a date for a Council hearing on the proposed trunk sanitary sewer and water main extensions to serve the Century South development, and WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was held thereon on the 16th day of July, 2001, at which all persons desiring to be heard were given an opportunity to be heard thereon, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. Such improvement is necessary, cost-effective, and feasible as detailed in the revised feasibility report for the July 16th public hearing. 2. Such improvement is hereby ordered as proposed in the revised feasibility report. 3. The Hastings City Engineer is hereby designated the Engineer for this improvement and he shall prepare the final plans and specifications for the making of such improvement. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16th DAY OF JULY, 2001. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk (SEAL) FEASIBILITY REPORT t ON PROPOSED 2001-9 CENTURY SOUTH TRUNK UTILITY EXTENSIONS FOR mLY 16,2001 PUBLIC HEARING - City of Hastings Engineering Department 2001 STREET AND UTILITY IMPROVEMENT PROGRAM Hastings, Minnesota Project No.: 2001-9 t Location: hnprovement: Initiation: Trunk Utility Extensions to serve Century South Addition Sanitary Sewer and Watermain Construction City Initiated Project Owners Abutting: 3 Right of Way: Right of way will need to be acquired. FUNDING SUMMARY: 1.) TOTAL PROJECT COSTS: (Includes 10 % Contingencies, 11 % for Engr., Legal, Administration, and Bonding Costs, 1 % assessment roll preparation, and 8% capitalized interest) 2.) FuNDING SOURCES: Assessed to Abutting Property Owners Oversizing Costs - SAC Fund WAC Fund M:\CONSTRUCTION]ROJECTS\2001 \FEASIBILITY\REPORT\2001-9TMMREVISED FRPT.DOC $504,979.64 $323,052.84 $171,110.50 $ 10,816.30 2001 STREET UTILITY IMPROVEMENT PROGRAM Project 2001-9 CENTURY SOUTH TRUNk UTILITY EXTENSIONS Assessment Analvsis: 1.) SANITARY SEWER ASSESSMENT Estimated Sanitary Sewer Construction Plus Contingincies (10%) Less Sanitary Sewer Oversizing Costs Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11%) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Assessable Project Costs Assessable Frontage Estimated Assessment Per Front Foot 2.) WATERMAIN ASSESSMENT Estimated Watermain Construction Plus Contingincies (10%) Less Oversizing Costs Assessable Construction Costs Plus Engineering, Legal, Admin and Bonding (11 %) Plus Assessment Roll Prep and Cap Interest (9%) Total Estimated Assessable Project Costs Assessable Frontage Estimated Assessment Per Front Foot M :\Construction Projects\Feasibility2001-09revisedgretenffTMM7 -11-01 .xls $364,675.00 $36,467.50 $171,110.50 $230,032.00 $25,303.52 $20,702.88 $276,038.40 3,338.00 $82.70 $ 45,450.00 $4,545.00 $10,816.30 $39,178.70 $4,309.66 $3,526.08 $47,014.44 1 ,355.00 $34.70 06/18/2001 08:49 Fa! 9528908055 BOLTON g. MEJ.'IK @002 , ~ DUAL 18~' SANITARY SEWER PIPE CROSSING UNDER VERMILUON RIVEr . . A EXISTING 14" TRUN!< WATERMAIN " - FUTURE RJVERWOOD DEVELOPMENT ' I ot-:.I ON a- ~e:NK, INC I~ ' CONSUL TING ENGINEERS 4C SURVEY~S . MANKA ro. MN F' AlRldONT, MN SL.E;E?Y EYE. MN . aURNS\I1u.z. MN 'NlLJ...\.4AR. MN A~e:S. IA UBERTY. 1.40 CITY 0 F. HASTl NGS TBUNK SAN~ARY SEWER ," EXTENSION' SITE PLAN~" JUNE. 2001 FIGURE NO, i Project 2001-9 Century South Utility Extensions Watermain Est. Asmt Rate: $ Sanitary Sewer Est. Asmt Rate: $ 34.70 per LF 82.70 per LF Darcel # owner last name owner first name 190330001765 Advanced Homes of Hastings, Inc. owner address 308 Vermillion St. city. state HASTINGS ~ 55033 legal description: See 33 Twn 115 R 17 E 435 ft of E 1/2 of CR #47 & Pt of E 1/2 of SW 1/4 lying W of line commencing SE cor W 211.53 Ft L32D 418 ft R 400 63 ft L 600 268 ft R 270 111.40 ft CR #47 & There Term Ex pt Platted as Riverwood of SW 1/4 lying S S of CR #47 & lying to beg of line R 90024 ft L70D 81.15 ft to S RIW WMLF o Water Est Asmt o Sewer LF 773 $ Sewer Est Asmt Total Est Asmt 63,923.81 $ 63,923.81 <~.," ~.--'- . ~..., -~ ----~ =-- -- - ...,. ,- --' Darcel # owner last name owner first name owner address city. state ~ 190040001825 Advanced Homes of Hastings, Inc. 308 Vermillion St. HASTINGS 55033 legal description: See 4 Twn 114 R17 NW 1/4 Ex Pt lying E of a line beg 382.86 ft E of SW Cor of E 1/2 of NW 1/4 NE to Pt 60 ft W of NE Cor of NW 1/4 Ex Riverwood, Riverwood 2nd, 4th &' 5th Add ex pt platted as Riverwood Hill Townhomes No 1 & N02&N03 WMLF Water Est Asmt Sewer LF Sewer Est Asmt Total Est Asmt 0 0 865 $ 71,531.82 $ 71,531.82 _ Darcel # owner last name owner first name owner address city. state ~ 190040001302 TANNER DAVID E TSTE 755 WESTVIEW DR PO BOX 65 HASTINGS 55033 legal description: See 4 Twn 114 R17 N 1/2 of NE 1/4 Less 11/100 Asc to No Nat Gas Co ex pt Platted as Powers Place & as Siebens 1st, 2nd & 3rd ad_ditions & ex com SE Cor Blk 3 Siebens 3rd addition So on W Line Siebens 2nd 612.92 ft W 298.38 ft to W'ly Ext of S Line Siebens 3rd Add E on Extended Line to pt of beg WMLF Water Est Asmt Sewer LF Sewer Est Asmt Total Est Asmt 1355 $ 47,014.44 1700 $ 140,582.77 $ 187,597.21 TOTALS WMLF 1355 $ Water Est Asmt 47,014.44 Sewer LF 3338 $ Sewer Est Asmt Total Est Asmt 276,038.40 $ 323,052.84 OOLtlOOOOOOO <OO'<tt-COCO'<tCOOO O>Ltlt-C')O..-C')'<tcoco ..-t-t-'<t'<to>oco<Ot- T-~ ('t)OC-T-T- o o o o C') t- ..- f/) - f/) o (Jill C)~ c :B f/) B - .;: ~D.. 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This height limit allows large accessory buildings to be built that may not be compatible with surrounding residential areas. Staff is proposing to limit the side wall height of accessory structures to 10ft. This would limit the garage door height to a maximum of 9 ft. This height allows a reasonable building height for garages .This new proposed ordinances will provide the City a clear tool to use in regulating future accessory structure/building development Hastings Planning Commission Public Hearing: No public comments were received at the planning commission public hearing. Planning Commission Recommendation: The Hastings Planning Commission recommended approval of an ordinances amending Chapter 4 Chapter -SEC. 4.15 ACCESSORY STRUCTURES Height, at their 6/25/01 Planning Commission meeting. Recommendation Motion to approve a an ordinance amending Chapter 4 Construction Regulations -SEC. 4.15 ACCESSORY STRUCTURES Height and to order a public hearing for 7/16/01 . "\ t , SECOND SERIES ORDINANCE NO. AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 4 CONSTRUCTION REGULATIONS OF THE HASTINGS CITY CODE HA VINGTO DO WITH: SEC. 4.15 ACCESSORY STRUCTURES BE IT ORDAINED by the City Council of the City of Hastings as follows: SEC. 4.15 ACCESSORY STRUCTURES Chapter 4 of the Hastings City code is amended by adding following text: 8. The side wall height of accessory structures shall be limited to 10 ft. 9.1. The following Table (Table 1) shall determine the number, size and setbacks of accessory structures. In addition to the accessory structures listed in the Table 1, one accessory storage structure up to 120 sq. feet in size, and swimming pools meeting the requirements of SEC. 4.15 ACCESSORY STRUCTURES Sub2 Swimming pools. Table 1 Accessory Building/Structure Number, Size and Setbacks Setbacks Standards Property Zoning Number Total Side Side Rear Structures Structure size Corner* A R-l,R-2,R-3,R-4, R-5, 1 1000 5 10 5 R-6 1 1000 5 10 5 1 t Multi - Family Site plan Site plan , Commercial/Office Districts reVIew reVIew Industrial Districts Site plan Site plan reVIew reVIew * Garages shall be set back 20 ft from Right of Way SECTION 10.26. VIOLATION A MISDEMEANOR. Every person violates a section, subdivision, paragraph or provision of this Chapter when he performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof. PASSED AND ADOPTED by the Hastings City Council on this 2001. day of Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant! City Clerk 2 t I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the of 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings, MN 55033 3 CITY OF HASTINGS VII-2 & VIII-B-2 101 4th Street East. Hastings, MN 55033-1955 651-437-4127 · Fax: 651-437-7082 t MEMORANDUM TO: Mayor Werner and City Council FROM: Matt Weiland, City Planner DATE: June 26,2001 SUBJECT: Public Hearing - Alley Vacation Background information: - Fred Olson has submitted an application anda petition to the City Of Hastings requesting the vacation of an alley (Site Location Map enclosed). The vacated property is legally described as follows: The 20 ft platted alley located in Block 64, Town of Hastings The main reason for the alley vacation request is that the alley is unimproved and not used by the neighbors, other than for yards. 3 of the five neighbors signed the petition If the City Council vacates this street, the applicant should be responsible for all recording fees required by Dakota County. Planning Comments: Every property owner in the city has a right to petition the city to vacate street r.o.w. property. However, the City is not obligated to vacate street!alley property. This property has always been unimproved and is not proposed for improvement A utility easement should be retained over the alley. Requested Action: , Motion to adopt a resolution vacating the 20 ft platted alley located in Block 64, Town of Hastings _ r Hastings on the Mississippi --- t $ I- U) I I- CO is inN1VM .' $ I- U) I ?- m LAND USE APPLICATION CITY OF HASTINGS t ' 101 4th Street East, Hastings, l\1N 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: 5' 05' 'w 151"''''. ~+ ~t-tn.>.-~ 1'\7 ~ ()I\ n Legal Description ofProp~rty Involved: ..L ().\- d" \ V\ \3 \ ~c \~ ~ L\ '\ V'\ ld c:; ~ ~n?5 r [~-t0,41IL-- ( ::r =~/ 6[~v~6 L( Applicant: Name Address \2<U..~ D \SC:sY""\ S-h5 W ,%~ ~t- ~s"'\"\"V)<, < V\I\ n ~~3 ''3 .J-;>51" Y3~-300<-= Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance # Section App. Com. Phone Fax Owner (If different from Applicant): Name Address ?t'}D Phone Fax JUN 22 2001 tiT"I{ Ci~ ...r~l.~>.~:-.,<~::; Request: Rezone: Comp Plan Amend: Site Plan: Variance: Special Use: Subdivision: Vacation: ~\ 00 . ,~ Other: - TOTAL: Description of Request (include site plan, survey, and/or plat if applica~le): ~O~(".. 7) .of. Signature of Applicant . Date' Signature of Owner Date Applicant Name and Title - Please Print Owner Name - Please Print ~ t ,;"",?:,:,,:":,>,:..{ " ; ,,- t,jj~~,;,,,,i~__~~~====:?O _:......~~~..~~~:~~:~=~=........=.~.=.._~....=.= ....... _~___,____ ''_______,___ _,_A~~\ ,n\V\A.-\-~-"~v e. ~\ ~V\..~ ;_______~_ _______,,___~_,_________.__ ___,..__..~_.~___,,_____~_~~\:,,-,\__?\.~Vl,JI'\k_c. , ,..,.. ,___ ,'''''_ ,_____._ ---- .-- ':_.____~~~~_1_h_~_~____~_:\hi',,~.i_~_ -;\:~,--:~ r~---Q-.~--,-.~.---.------- -- ,--- .", :/:':-:';<,~ _ : 2~ll~~_~~~_D~\J~~~~~k-~-\- .b._,,_~.ll-L_~_____.___________,,__~_,_____ ,'..;'......,....' ;:~:~'.~:i!;\ ;, ,~b~J~L~ 5.QS___~~_jS~!~~_~*_)_%~_O__~~L~+ ,',::",., ,...L_.____~__,___~_cu~_.:L-~ ;t_~_.~__~~,,~,__-.-~_--~.A-~li~k-L-~-,,----.----, ___ D hD-=-k~___~ Lb;~~~'-,,{~11g'4____Uf'\._~__:{11)~+-------------~--- ";(t:~;,;;~~i"i~,'~' ~ ~ +&: l ~ - ~ ~ CA \. . '".",>\ " __...10tALY-'L_--':_:D1-1L' -~~l------_n_-- __~n _~______________nn______ ' ;':):/;',':\:"...; : D.c -L~ ...l-.,' ~ fY} \. 1.,,( ~ ) :;::;r@,:"i;i~\"\'~:~,r-.-. ::~; ._~u\~ ~~~. . .. ~.~_\ _~n,:: I'~/t.~: ro- -~-~.. ........... . .";{~~~L.~\.1.1:!':.~';""-- __~c.~hc1...:::r~~~,.:::1..---~--b--,~--.~--__--~_--__----.--"_.-- ~~\~~Il~j . . .~_jfk.~~~ A ..\~'~f:rr!:\1.J. r-~__~ ~ ~~.~_L\___._....~ ....- ~\;~\'~:~;~'~(2'\'S:~;\:i, . ." ~ .-\,) \ \ ,. b-t.. -\ .D~X'f.b_~..LLk__ uti \ _\_~_____________~__u_ :,~!\~"111:~i.\1:11[~----_c---,c- ( (1~~ '~ ::;~__~.,":~!f-~~~_~----~ --------~-~---~~-,------.---.-~----.- 0{.,,:~.~.;/:::,\'.'.~!:~;\~\\\/:1 i .,' ,'. .::._.~.~.~~~~~~~~~~...~.. .-.~ ~~__~~~~~~?Cf5~.~_~~ J :t..~............. ..... : ~ -----1~---------- - ------..~-JJC t--1:z-- -----~--z::=----------- -- , . ~_ --, ~O --;:;-O~/-' -( /-- ,.-;- .--_- -------------.-_------ ---- ~~~~~\>~:\~;.\~;~~~~\,.\~; LLi L~ ' ~ ~ v ',': ;~'.- ~ ',,',': -:',. '.";' ; ~\;~;{;:/b:.:f:~t;:\~~~i~\~\\~ ~ ~~{/.'~:::::>:.:;;\;-\~\~\(.:::~iL: .;::::.~~:\::':::;::(~.;,:\:.~:~\ :::.:,\(! [ ~------- -----. ~-----_. '.' , \;.,'..',', ...;( .""'',;''':'::''''::'::';':1 ' -----'-----~--_.__.._'--~ _.~-----~--~~~------_.~-'--_.~~ Page 1 of 1 . : . flle://C:\ windows\ TEMP\FRED'S%20BACK%20ALL Y.jpg 06/0512QO 1 Page I of 1 I''',,','..''.... <:"r'-.~ ~~i - f file:! /C:\Wiiid6ws\TEMP\FRED'S%20BACKYARD.Jp~f 06/05/2001 Page 1 of 1 file:! ic:\Wirtd6ws\'TEMP\FRED%202.j"pg' 06/05/2001 t HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING ALLEY R-O-W BLOCK 64, TOWN OF HASTINGS Council member and moved its adoption: introduced the following Resolution WHEREAS, the Hastings City Council has initiated consideration of action to vacate the - alley legally described as follows: The 20 ft platted alley located in Block 64, Town of Hastings WHEREAS, on July 16th, 2001, a Public Hearing on this proposed alley vacation was held before the City Council of the City of Hastings, which hearing was proceeded by published notice as required by state law, city charter and city ordinance; and WHEREAS, the City of Hastings in all respects proceeded with the vacation hearing as provided by the Charter, ordinances and applicable Minnesota Statutes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the following legally described alley R.O.W: The 20 ft platted alley located in Block 64, Town of Hastings on file and of record in the office of the County Recorder, Dakota County, Minnesota, with the city reserving an easement over the west 10ft of the described parcel above, for public drainage and utility purposes. is hereby vacated effective of this date. t 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. Ayes: Nays: Absent: ATTEST: Michael D. Wemer,Mayor Melanie Mesko Administrative Assistant!City Clerk t I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, Ceunty of Dakota, Minnesota, on the 16th day of July, 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Administrative Assistant!City Clerk ( SEAL) This instrument drafted by: City of Hastings 101 4th ST. Hastings, MN 55033 VII-4 & VIII-B-3 Memo To: From: Date: Subject: Mayot Werner and City Council Kris Jenson, Associate Planner July 12, 2001 Final Readingl Public Hearing - Rezone Summit Heights (P-I Public Institution to R-3 Medium High Density Residence ' Greg Jablonske has requested the rezoning of property (legally described below) from P-I Public Institution to R-3 Medium High Density Residence. That part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 N, Range 17 W, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 52 minutes 30 seconds East, along the north line of said Southwest Quarter ofthe Southwest Quarter, a distance of 382.44 feet to the northeast corner of General Sieben Drive, as platted in SUNSET WEST, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota, and being the point of beginning ofthe land to be described; thence southerly, along the east line of said General Sieben Drive, on a nontangential curve concave to the southeast, having a radius of560.00 feet, a central angle of25 degrees 19 minutes 37 seconds for a distance of 247.54 feet, the chord of said curve bears South 12 degrees 09 minutes 42 seconds West; thence South 0 degrees 30 minutes 07 seconds East, along said east line of General Sieben Drive, a distance of 120.95 feet to the northwest corner of DAKOTA VIEW FIRST ADDITION, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota; thence North 89 degrees 52 minutes 30 seconds East, along the north line of said DAKOTA VIEW FIRST ADDITION, a distance of 430.00 feet; thence North 0 degrees 07 minutes 30 seconds West a distance of 160.00 feet; thence North 18 degrees 58 minutes 07 seconds West a distance of 212.22 feet to the north line of said Southwest Quarter ofthe Southwest Quarter; thence South 89 degrees 52 minutes 30 seconds West, <:ilong said north line of the Southwest Quarter of the Southwest Quarter, a distance of 310.00 feet to the point of beginning. Subject to any easement of record, if any. Containing 144,490 square feet more or less. Background Information: Comprehensive Plan Classification: The subject property is classified U-II (Urban Residential 4-8 , residential units/acre) in the City's 2020 Comprehensive Plan. The proposed development density for the subdivision is 5.1 units per acre. This is a consistent use with the comprehensive plan. Zoning Classification: The subject property is currently zoned P-I Public Institution. The reason the property was zoned P-I Public Institution is because it had been part ofthe City's ponding basin property. This property was later declared excess City property and sold. Proposed Zoning cllssification: The subject property is proposed to be rezoned to R-3Medium High Density Housing. Townhomes are a permitted use in this zoning district. Surrounding Properties: The subj ect property is currently vacant and is adj acent to developed single- family homes to the South, single family homes and twin homes to the West. To the east and north is a large detention pond, as well as the proposed site for the Dakota County Senior Housing Building. Planning Consideration: This is a good location for this type of zoning. It will provide a good transition between the 3 story senior housing building and commercial areas and the single family areas. The proposed zoning is consistent with the goals ofthe Comprehensive Plan. Planning Commission: The Planning Commission held a public hearing on June 25,2001. There were no public comments made, and no concerns expressed by the Commission. The Commission unanimously recommended approval of the rezoning. Recommended Action: Motion to recommend an ordinance rezoning the property to R-3 Medium High Density Residence t ORDINANCE NO. , SECOND SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 10.01, SUBDIVISION 1 OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings as follows: Subdivision 1. The following described properties are hereby zoned from P-I Public Institution to R-3 Medium High Density Residence: - That part of the Southwest Quarter of the Southwest Quarter of Section 29, Township 115 N, Range 17 W, Dakota County, Minnesota described as follows: Commencing at the northwest corner of said Southwest Quarter of the Southwest Quarter; thence on an assumed bearing of North 89 degrees 52 minutes 30 seconds East, along the north line of said Southwest Quarter of the Southwest Quarter, a distance of382.44 feet to the northeast comer of General Sieben Drive, as platted in SUNSET WEST, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota, and being the point of beginning of the land to be described; thence southerly, along the east line of said General Sieben Drive, on a nontangential curve concave to the southeast, having a radius of 560.00 feet, a central angle of25 degrees 19 minutes 37 seconds for a distance of247.54 feet, the chord of said curve bears South 12 degrees 09 minutes 42 seconds West; thence South 0 degrees 30 minutes 07 seconds East, along said east line of General Sieben Drive, a distance of 120.95 feet to the northwest corner of DAKOTA VIEW FIRST ADDITION, according to the recorded plat thereof in the office of the County Recorder, Dakota County, Minnesota; thence North 89 degrees 52 minutes 30 seconds East, along the north line of said DAKOTA VIEW FIRST ADDITION, a distance of 430.00 feet; thence North 0 degrees 07 minutes 30 seconds West a distance of 160.00 feet; thence North 18 degrees 58 minutes 07 seconds West a distance of 212.22 feet to the north line of said Southwest Quarter of the Southwest Quarter; thence South 89 degrees 52 minutes 30 seconds West, along said north line t of the Southwest Quarter of the Southwest Quarter, a distance of 31 0.00 feet to the point of beginning. Subject to any easement of record, if any. Containing 144,490 square feet more or less. . ADOPTED BY THE CITY COUNCIL THIS 16th DAY OF JULY, 2001. Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant! City Clerk t I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of July, 2001, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko, Administrative Assistant! City Clerk ( SEAL) This instrument drafted by: City of Hastings - 101 4th St. E. Hastings, MN 55033 ('i) I 0:: Oen c-- O-.c ._ 0...1 0) - ,'- rn E (J) \S o I ~ 00_ ~ ...J L,.'- (J) ';, E ..3 ===cE U).- ::1 aU) N (J) 0:: O'~'OOO(D"O' f ~ .~ ~ <: ~ 4E ~ ~ ~ ~ ~N<G~~:!~:I:~6 '" ... ! L " >. ... 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I 0:: I .... ....... , 0:: <( c: o ;:; ctI () o .....J Q) :t:: en ....... I 0:: VIII-B-4 MEMORANDUM t TO: Mayor Werner and City Council , FROM: Matthew Weiland, City Planner DATE: July 12, 2001 SUBJECT: Special Use Permit & Site Plan for Tom Thumb Food Markets (1743 Vermillion) Tom Thumb Food Markets has submitted and land use application and is requesting approval of a special use permit and site plan for the construction of a new Gas/Convenience Store and Car wash located off of Vermillion StlHwy 61. (site location map enclosed). The City has worked hard with this property owner to form a cooperative agreement that redevelops this property. This site plan approval also includes the demolition of the vacant building on this property. There are site plans, a land use application, and a site location map included with this memo. Background Information: 1. Comprehensive Plan Designation: Commercial. The proposed use of the property is consistent with the plan designation. 2. Zoning: C - 3 Community Regional Commerce. Auto Service stations are only allowed by special use permit in this district. The City may attach conditions to the operation of the Service station and Car wash it deems necessary to regulate the activity of this special use. 3. Existing Conditions: The property currently has a vacant dilapidated building, trailer parking, and a small office building. A condition of site plan approval will be that the dilapidated building is demolished immediately. 4. Proposed Conditions: The Submitted site plans show a new 5,520 sq ft convenience store with an attached car wash, 6 gas pumps with a canopy, and associated parking. The convenience store will include a training area and a freezer/cooler warehouse area. The new site plan will eliminate the trailer parking on the site and add new landscaped buffer areas around the site. These landscaped buffer area will greatly enhance the appearance of the site. 1 . 5. Adiacent Land Uses: The proposed development is surrounded be commercial and industrial land uses on all sides. t Site Plan Proposed Uses and Lot Layout The proposed use of the lot and site layout are appropriate. The building will face Vermillion St IHWY 61, which is where the main access to the property is located. The applicant has revised the site plan to create more green space based on City Staff recommendation. ' Site Access: Access to the property will be from two separate accesses. One access is located off of Vermillion StIHWY 61 and one access is located off of 18th St. Traffic. Circulation - Circulation through the site functions well. Zoning Setback requirements: Proposed parking areas are in compliance with zoning ordinance parking lot setback requirements Building setbacks in the C-3 District are established through site plan review. It is the opinion of staff that the proposed building is rationally sited relative to the parking lots and the site itself. - Number of Parking Spaces: The Zoning Ordinance requires a standard of 1 parking space per 200 sq. ft. of gross building area for retail use and adequate parking for the gas pump area. The gross building area is 5,520 sq ft. This would require between 27 parking spots. The site plan is indicating 53 parking spot with adequate parking for the gas pump area. The main reason for the additional parking is for the training area of the convenience store. The additional parking spaces will be used by teachers and students of the training area. The parking spaces on site will also be shared with the business to the east. A shared access and parking easement will have to be prepared and recorded with this property. Sanitary. Water. Storm Sewer and Grading Plans: The utility plans have been preliminarily approved by the Public works Director. Lighting: The city has recommended in the past that it needs to protect motorists and adjacent residential property owners from excessive glare and trespass or spillover of light. The lighting plan does minimize the light spillover for most of the property very well. The canopy lights shall be required to be recessed. All lights on the buildings and in the parking lots shall be focused down with cut off shields. This will be a requirement of site plan approval. Site Landscaping: The landscaping plan shows a variety of elements that will enhance the appearance of the site. The applicant has added landscaping to the front of the building and more 2 trees around the perimeter of the site based on staff and Planning Commission recommendations. Staff would further recommend the following addiction to the landscape plan. 1. Trees fhall placed at the front of the property every 50 ft. Trash and Waste: The site plan indicates a screened dumpster enclosure area. The dumpster enclosure is built with the same materials as the building and includes a gate. Building Elevations: The gas station is well designed with many architectural features that will allow it to greatly enhance the area. The building is built with high quality materials including accent banding and blocks. Signage: The site plan is indicating a monument sign as requested by City staff and the Planning Commission. City Staffwill be bringing a new sign ordinance, that includes required monument signs, before the City Council in the near future. Site Plan Approval: Site plan approvals are generally good for only one year. The City may extend this' approval as long as the site plan still meets the minimum requirements of current ordinances. The applicant has indicated that it is their plan to redevelop this project in two phases. The first phase will include the demolition of the building, which will occur immediately. The second phase ofthe project is scheduled in the next three years and would include the constructionofthe project as illustrated on the approved site plan. - Building Demolition: The applicant has indicated that the vacant building will be demolished as soon as possible, but no longer than 60 days. The applicant will also have to properly abandon the utility services to the property. Existing Conditions: The property currently has trailers parked on the property which are used by the adjacent business. These trailers can remain as a grand fathered use, but no more trailers may be stored on this site. After the building is demolished, the property may not be used as a storage area or parking area, unless the parking lot is repaired to current minimum ordinance standards and effective screening is installed. MNDOT (Minnesota Department of Transportation) This project also requires MNDOT review because it is adjacent to a state highway (HWY 61).The City is currently waiting for comments from MNDOT on the proposed site plan. A condition of final site plan approval will incorporate any ofMNDOT's comments into the site plan. Summary: The Gas Station/Convenience Store and Car Wash is a well designed project that will also solve existing property maintenance concerns. This is an integral redevelopment project along Vermillion St/HWY 61' that will promote more high quality redevelopment along this commercial corridor. This car wash and gas station will not cause a negative impact to 3 residential areas as other gas station/car washes in the City have. Planning Commission Recommendation: The Planning Commission recommended approval of the spe1-al use permit and site plan for the Tom Thumb gas station/car wash/convenience store at their 6/25/01 Planning Commission meeting, subject to the conditions listed below. Recommended Action: There are two separate Planning Commission Actions: Special Use Permit A motion to recommend approval of the Special Use Permit for the Tom Thumb gas station/car wash/convenience store, subject to the following conditions: 1. The proposed structure and accessory items including, but not limited to, the parking lot landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. 2. That this property may not be used as a storage area or parking area, unless the parking lot is repaired to current minimum ordinance standards and effective screening is installed. Site Plan A motion to're-commend approval of the Tom Thumb gas station/car wash/convenience store Site Plan, subject to the following conditions: 1. That site plan approval shall be contingent upon the site receiving special use permit approval for the use of the gas station. 2. The proposed structure and accessory items including, but not limited to, the parking lot landscaping shall be completed pursuant to the approved site plan. Upon request for occupancy of the building, all uncompleted items contained within the site plan shall be addressed pursuant to city code escrow requirements. 3. That the landscaping plan is modified to include trees placed at the front of the property every 50 ft, subject to the approval of the Planning Director. 4 4. That the sitefplan is subject to MNDOT approval and that the Developer shall incorporate any of MNDOT's comments into the final site plan. 5. That a shared access and parking easement will have to be prepared a recorded with this property. 6. That all lighting on the site shall be downcast and shielded with cut off shields. 7. That the lights in the canopy shall be recessed. 8. That the existing vacant building on the property shall be removed immediately. No later than 60 days 9. That the utilities on the property are properly abandoned. 10. That the existing trailers on the site can remain as a grand fathered use, but no more trailers may be added to the site. 11. That this property may not be used as a storage area or parking area, unless the parking lot is repaired to current minimum ordinance standards and effective screening is installed. 12. That the site plan approval for this project shall be for three years as long as the sUe plan still meets minimum requirements of current ordinances. 13. That construction begins on the property in three years, or the property will be required to be brought up minimum ordinance requirements. 5 ..aC E.Q :JB ~S CD ~V5 ~ j ~ t t ~ iniJ Ii: ...:J <<<D '-iJ, I { lI: w Z~0 ~ ~ IU;;P ---= , I " l;,~If '-~',,', " I ..1 \. . ~ : .I~I!~ """"""'I!~.ii' ~ l . '~~III~III,~i~ll ~ VE pM" I I (')~'T / II' lit" 80' = ",f-='P ,= ~. "'l~\fiII:L-- .. Ii I, ~_[JIht Xi ~ ,., r1dI II~II I I pi - J ~ ....u 1..-" I , ! "" ,tJI A HI III lID '= 0 i -II \~ <> . ~ ~~ ~ I . OLi,1 "ii' ~ ! 111191 " "I~II~I ~ ~ 0 , ! ".::; AI ,~ 'j , , , I.- I...~ Ir ,rEld J,~III IWi I~ 7T ~ ~ i.d ,~ I~ IlbII I~ III ",111II 1m. IIii ~ "III;;:: ~tJI"[l1[l..: I ~ ~ , ." f-.I J Ei::~ -.rIl ! II !~~ : liT Ln III w .- 1::1 ~ ~ I~ >-c ~ \ . " ~ "-~ en ct:l B .Y1 en ~ ~ LAND USE APPLICATION CITY OF HASTINGS t ,101 4th Street East, Hastings, J\1N 55033 Phone (651)437.4127 Fax (651)427.7082 Address of Property Involved: NE corner of 18th and Vennillion Street Legal Description of Property Involved: legal description attached Phone Fax Tom Thumb Food Markets, Inc. 110 East 17th Street HastinQ$.:.MN 55033 651/437-9023 651/438-2638 Official Use Only Date Rec'd File No. Fee Paid Rec'd by Ordinance # Section App. Com. Applicant: Name Address Owner (If different from Applicant): Name Montana Properties, LLC Address 110 East 17th Street Hastings, MN 55033 651/437-9023 651/438-2638 r.t~~n Phone Fax JUN 21 2001 r-.rrv ("l~ ;.-~' ',.,-,';".:"'<:-. Special Use: "f J- d;;,:) C~ Subdivision: Vacation: Other: TOTAL: Request: Rezone: Comp Plan 7: Site. Plan: " ;)-(Jd' c";) rJ Vanance: ; Description of Request (include site plan, survey, and/or plat if applicable): Site plan approval and special use permits for constrUction and operation of a convenience food store including the sale of gasoline, petroleum products, car wash, training facility and storage with the condition to remove the existing building op or before December 31, 2001 and complete construction of the new store by Gctober 1, 2004. Tom Thumb Food Markets, Inc. 'tt J rt dL...i f?~ bix,r Signature of Applicant Date Montana Properties" LLC dJ.J cd.i~'--A p.;t::lt-I' Signature of Owner Date Applicant Name and Title - Please Print Owner Name - Please Print j!fJrp~~4 V.105aNNII.l 'SSNllS\l'H ~~. crnrn I~~N .4\N IftDMVqnIH2IhUS (~ gj.InHJ. i-lOJ. Vd po:al'P'V SJP.4\ ""oN Nv"1d aus Rt<INI~ t II lll~ oN. ~!: . ~ Z ...... ... tI) ~ !~ =~ o .. Ov:l ~~ =.~ ~~ l:J ~ ~ ~ ..... -""'""""'^ i1 .i ,! h .~. )J i! Ii ~I I ~ ! ill ~{1~ Z 3 ~ ~ ~ m i i 1,f ~ ~~ I - - I: ..:i.., "~:;1 :)i . 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III III l 133M!S NOlllIHMJ^ ==:::=:======~====~~~-~ l NIVHM]!VfI dlJ .8 'X] ~~ ~U J ! 1 I I '" (.) z It ... ~~: '" . 8 5~ ~ ;I - i ~~~ i -'" IL ~"" ~.. on" on'" LJz! z':", !; ~~ i""'v; xi:9 _ kdie:, h~d hI ~i~ ~ . \ S . ~ ~ H~~ i :~~ J Ht ~ HI ~ 0- .... i . ~ ~ ~ ~ I I~' ia ~ ! Ii ! ~~ H ~ ~ ~ ~ ~ ~ ~ ... :z i .... ~ f!j a, d VJDS;3NNIW'S!SlNlJ.SVH 13i-l11Hl. WO.L SNOU.VAll13~~ ..... If J\ ! II u V.lOS3NNi-4 ~ 9\.InHL i-40.L SNOLLVAa"a ,.l,2Io'N1\oreRld s s I D~rnll ~ & I '1::" .....,.. J I VIII-B-5 Memo t To: From: Date: Subject: Mayor Werner and City Council Matthew Weiland, City Planner July 12,2001 Rescind South Pines IV Preliminary Plat Denial Background Information: The City Council voted to deny the approval of the South Pines IV preliminary plat at their 5/21/01 City Council meeting. The reasons for denial were based on traffic concerns that need to he addressed. Another main reason for denial of the plat at that meeting, was that the developer was not present at the meeting to agree to a time extension to act on the plat. The City Council was required to act on the plat because the 120 day time limit to act on the plat was about to expire. The planning committee ofthe City Council and City Staff recently met with the developers of the South Pines IV project. The purpose of the meeting was to identify the traffic concerns with the project and search for solutions to move the project forWard. Many solutions were discussed. City - Staffwill continue to work with the developer to move this project forward in a manner the meets . the concerns of the City as well as the goals of the developer. In an effort of cooperation, the developer has requested that the denial ofthe plat be rescinded. The developer will then agree toa 120 day extension for the City to act on the plat. This agreed extension has been submitted to the City in writing. --/ Recommended Action: Motion to rescind the motion to deny the approval of the South Pines IV preliminary plat. If the motion to rescind the preliminary plat is approved, It should immediately be followed with a motion to table action on the South Pines preliminary Plat. The South Pines IV preliminary plat will be brought before the City Council again when the developer and City staff have worked out a plan to address traffic concerns. " VIII-B-6 MEMO To: From: Subject: Date: Honorablt Mayor and City Council Members Matthew Weiland, City Planner Parking Restrictions on Industrial Court July 12, 2001 The planning committee of the City Council and City staff recently met to discuss parking restrictions on Industrial Court as directed by the City Council. Otto Excavating and Jan's School of dance were also at the meeting. lan's School of Dance will be adding another parking lot to their property to address the parking issues in the court. This parking lot will greatly reduce the parking issues in the area. There are still concerns about people parking in the middle of the court and access issues related to Otto Excavating. Therefore, after much discussion, the following recommendation was made. Recommended Action: Council is requested to adopt the enclosed resolution formalizing approval for the installation of these No Parking signs for the end of Industrial Court. " CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA t Resolution No. RESOLUTION PROIllBITING PARKING AT THE NORTHERN END OF INDUSTRIAL COURT WHEREAS, on street parking at the northern end of Industrial Court constricts the flow of traffic and creates access and potential life/safety problem; and WHEREAS, prohibiting parking along northern end of Industrial Court should improve both traffic flow and safety, NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that City staff is hereby directed to place signage prohibiting parking on northern end of Industrial Court. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY OF JULY, 2001. Ayes: Nays: Michael D. Werner, Mayor ATTEST: Melanie Mesko, Administrative Assistant, City Clerk -t=~ :JO) 800 _0) , co c .C .- ~~ C/)L.. :J8:. -c co -z [~ ~ ~ ~ ~ "I ~ it. it ~ Ii) ~ j~ ~~ t~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 0 ~ ~ 0 ~ 3 ~ ~ ~ ~ ~ i11111D11111 w z~. s: 's, f :ii , .s . . ,j ~ >. ~ ::J UJ CO (5 C .~ UJ ~ VIII-C-1 MEMO Date: Honorab\e Mayor and City council members Lori A. Webster, Finance Director '-~ 2000 Comprehensive Annual Financial Report (CAFR) and Audit Management Report July 12, 2001 To: From: Subject: Included with this packet you will findthe City's 2000 Comprehensive Annual FinanCial Report, and a copy of the Audit Management Report (The bound copies will be available at the council meeting) Audit Manager Joe Rigdon will be present at the City Council meeting to briefly discuss the City Audit and some financial trends of the City If you should have any questions regarding the audit report or the financial report, please feel free to contact me. Recommended Colincil Action Accept the above referenced reports. JUL-12-2001 12:36 763 569 5799 t CITY OF HASTlNGS Hastings, Minnesota MEMORANDUM ON ACCOUNTING POLICIES, PROCEDURES, AND INTERNAL CONTROL December 31,2000 'rb..:i ::>b'::l ::>'r'::l'::l 1-'.l:1~/~'r JUL-12-2001 12:36 763 569 5799 763 569 5799 P.03/27 ur=s\7' Kern, DeWenter, Viere, Ltd. .~ · -- . Certified Public Accountants t March 9) 2001 Honorable Mayor and City Counoil City of Hastings Hastings, Minnesota The accompanying memorandum includes financial trend information for your City and suggestions for improvement of accounting procedures and internal accounting control measures that came to our attention as a result of our audit of the general purpose financial statements of the City of Hastings, Minnesota, for the year ended December 31, 2000. The matters discussed herein were considered by us during our audit and they do not modifY the opinion expressed in our independent auditors' report dated March 9,2001) on such statements. In planning and perfonning our audit of the general purpose financial statements of the City of Hastings) Minnesota., for the year ended December 31, 2000, we considered its internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. However, we noted a certain matter involving the internal control over financial reporting and its operation that we consider to be a reportable condition. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the City's ability to record, process, summarize and report financial data consistent with the assertions of management in the general purpose financial statements. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of perfonning their assigned functions. Our consideration of the internal control over financial reporting 'would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However) we do not believe the reportable condition described in this letter is a material weakness. 7100 Northland Circle No., Suire 119 Minneapolis, MN 55428.1500 763-537-3011 · Fax; 763-,)37.9682 220 P,Jrk Avenue Sourh.. P.O. Box 1304 Sr. Cloud, MN 56302 320-251-7010 · Fax: 320.251-1784 www.kdv.com JUL-12-2001 12:36 763 569 5799 763 569 5799 P.04/27 Honorable Mayor and City Council City of Hastings Page 2 t This report is intended solely for the inronnation and use of the City Council, management and others within the City and is not intended to be and should not be used by anyone other than these specified parties. We would like to express our appreciation for the courtesy extended to us during our audit by the administration and employees ofthe City of Hastings. KeA-I'-~ ~W~-TLV, J~I L-kI. Kern, DeWenter, Vi ere, Ltd. Minneapolis, Minnesota 2 JUL-12-2001 12:36 763 569 5799 763 569 5799 P.05/27 FINANCIAL ANALYSIS ye.neral Fund During the year enj~d December 31, 2000, the City of Hastings experienced a 4.5% decrease in General Fund revenues from $5,321,199 in 1999 to $5,082,086 in 2000. A decrease in the General Fund property tax levy resulted in tax revenues declining from $2,126,433 in 1999 to $1,632,073 in 2000. Intergovernmental revenues remained stable, declining just 0.5% from $2,114,036 in 1999 to $2,103,345 in 2000. Licenses and permits, increased by 8.5% from $549,602 in 1999 to $596,337 in 2000, with the bulk of the increase resulting from increased building pennits. The General Fund revenues for 2000 are depicted in the following pie chart: 2000 General Fund Revenues Charges for Services MIscellaneous 6"" 7% FInes and Forfells 2% Ucanaes and Permits 12% Intergovernmental 41% Meanwhile, General Fund expenditures increased 9.2% from $4,837,110 in 1999 to $5,283,966 in 2000. Largely due to increased personnel costs, each of the City's expenditure areas (including general government, public safety, public works, and miscellaneous) exhibited increases from 1999 to 2000. An expenditure breakdown for 2000 is illustrated on the following page. With the increase in expenditures and decrease in revenues, the General fund balance decreased $201,880 before operating transfers. After operating transfers, the General fund balance decreased $124,432 from $4,235,276 at December 31, 1999 to $4,110,844 at December 31, 2000. Of this amount, $1,044,408 is designated for retiree health insurance. The remaining fund balance of $3,066,436 computes to 7.0 months or 58.0% of 2000 expenditures (72.6% at December 31, 1999 and 92.4% at December 31, 1998). We suggest you target a fund balance of approximately 6 months to 1 year or 50% to 100% of estimated expenditures to allow for sufficient cash flow throughout the year. 3 JUL-12-2001 12:36 763 569 5799 763 569 5799 FINANCIAL ANALYSIS (Continued) t 2000 General Fund Expenditures Miscellaneous 6",(, General Government 25% Public Safety 45% - The bar chart below highlights General Fund results for the last five years: $6.000,000 . $5.000.000 ' $4.000,000 $3,000,000 $2.000,000 $1.000,000 . Revenues 9. .~p"~~~~res General Fund $0 1997 $4,690.835 $4,283,062 1998 $4.762,699 $4.481,159 1999 $5.321.199 $4,837.110 2000 $5.082.086 $5.283,966 P.06/27 4 JUL-12-2001 12:36 763 569 5799 763 569 5799 P.07/27 FINANCIAL ANALYSIS (Continued) The following chart highlights the change in General fund balance over the last five years: t General Fund Balance $5,000,000 $4,500,000 $4.507,871 $4,655,761 $4,000,000 $4,235.276 54,110,844 $3,500,000 SS,S9S.977 $3,000.000 . $2,500,000 $2.000.000 .-...." ..--.- $1 ,500.000 -_..~.. $1,000,000 $500.000 sa 1996 1997 1998 1999 2000 I ......Fund Balan;-~tD;~~~e~~1 I . ' Goverhlnental Funds The City's accounting structure consists of both governmental and enterprise fund types. For governmental funds, the measurement focus is on the detennination of financial position and changes in financial position, rather than on net income detennination. For Hastings, governmental funds include the General, Special Revenue, Debt Service, and Capital Projects funds. The combined statement of revenues, expenditures and changes in fund balance in the City's Comprehensive Annual Financial Report details all governmental fund operations for 2000. Revenues: For 2000, 70% of total governmental fund revenues were received from property tax, special assessment, and intergovernmental sources, as compared to 77% in 1999. Total property tax revenue has risen from approximately $4.1 million in 1996 to $5.0 million in 2000, while the other major sources have fluctuated based on changes in activity levels and federal/state funding sources. The graphs on the following page indicate the governmental fund revenue sources by percentage for 2000 and the trend in major governmental revenue categories over the past five years. s JUL-12-2001 12:37 763 569 5799 763 569 5799 FINANCIAL ANALYSIS (Continued) t 2000 Governmental Fund Revenues Mlscollaneous 10% Charges for Services 14% Taxes 37% Fines and Forfeits 1% Ucensos and Permits 5% Special AullllSments 10% Governmental Fund Revenues $6,000,000 $5.000.000 $4,000,000 S3.000,000 _1.___........_____._........,........,....~'.._..4.........',.....__.____ $2.000.000 $1,000,000 $0 Special Lican$M and Finos and Charg ll$ for Taxes Inlergollllm. Miscellaneous Auessmenls mental Permits F or1eJlS ServIces 1:11996 $4,140.214 $1.397.126 $2,867.657 $387,038 $72,612 $1.061.689 $835.67a .1997 $4,516.443 $987.463 $3.750.314 $446,481 $78,348 $935,068 $7~]"~~... Hle8 $5.035,270 $1,553,172 $2.934,087 $457,480 SIl1,510 $1.415,796 $1.147.553 !:]1999 S5.094.An 51.281.127 S4.189.311 $549.802 S91.798 $1.847.663 $635.769 2000 ~3,a94 $1,287,113 $2,991.511 $596,337 $111 ,2~"_ ,,,~~2.1.~~t.!~ .~S4S" 00 P.08/27 6 JUL-~~-~~~~ ~~.S( '(b.j ::>b'::l ::>'('::l'::l '153 55'3 57'3'3 P.0'3/27 FINANCIAL ANALYSIS (Continued) Expenditures: The three largest exienditure categories for the City's governmental funds during 1999 remain~d unchanged from 1999 and included capital (27%), public safety (24%), and debt service (20%). Both capital and debt service expenditures vary each year depending on the amount of acquisition and construction activity within the City. Other expenditure categories are less volatile and trends become more evident. Public safety expenditures have shown a consistent growth from approximately $2.8 million in 1996 to $3.8 million in 2000 and increased 6.4% from 1999 to 2000. Also, culture and recreation expenditures have exhibited marked increases over the past five years, showing a growth of 149.3% during that time span. An 11.2% increase in culture and recreation resulted from 1999 to 2000, due to the City's emphasis on continued park improvements and development as well as increased, costs for the two sheets of ice for the arena. Both general government and public works expenditures have shown consistent results over the past five years, with the largest increases occurring from 1999 to 2000 as result of increased personnel costs. General government increased 33.6% and public works increased 17.0% from 1996 to 2000. The following graph illustrates the 2000 breakdown of total governmental fund expenditures and the graph on the following page indicates the trends in major governmental expenditure areas over the past five years. 2000 Governmental Fund Expenditures Miscellaneous 3% General Government 9% Capital Expenditures 27% Public Safoty 24% Culture and Recreation 9% 7 JUL-12-2001 12:37 51 ,000,000 $6,000,000 $5.000.000 $.4,000,000 S3,OOO,OOO $2,000.000 $1.000,000 763 569 5799 FINANCIAL ANALYSIS (Continued) t Governmental Fund Expenditures 763 569 5799 a1Ba6 .1991. , 1998 01999 2000 $0 General Public; Safety Public Works CUltUI'll and Debt Service CapJbl Ml!lOelJaneous Government Rscmstlon _~penditurns $986,322 $2.815.430 51.066.913 $586.222 $2.255.086 $954.777 S278,6'~ $998.595 $3.038.52<t $1,079,218 S677.669 $2.736.985 $4,684.653 1311.815 $1.031.236 $3,381,479 $1.138,944 $968.9044 $2.567,323 $6.288.632 $265.083 $1,071.744 $3.528.414 $1.1SB,8~7 $1.314,394 $2.656.032 $4,313,621 $210,800 51,316.130... $3.755,099 $1.248.053 $1 ,461 ,464 $3,118,351 $4.111.206 $.407,134 The bar chart below highlights governmental fund results for the last five years: $16,000,000 $14.000.000 $12,000,000 $10.000.000 $S,OOO.OOO $6,000,000 $4.000.000 S2,000.000 . Revenues lJ Ex endllures Governmental Funds $0 1997 $11,491.135 S 13.527 .aS9 1998 $12.834,868. $15.6~:J..G41 1999 S13,689,747 $14.254.002 1996 $10.763,1~.2 SS,944J.366 2000 $13177.689 $15.419,437 P .10/27 8 JUL-12-2001 12:37 763 569 5799 763 569 5799 P.11/27 FINANCIAL ANALYSIS (Continued) E"terprise Fundg ~ Enterprise funds are used to account for operations financed and operated in a manner similar to private business enterprises, where the government intends that the cost of providing goods or services to the public be financed or recovered primarily through user charges. The City's enterprise funds include Water, Wastewater, Transit, and Hydro Plant. Waler Fund: Operating revenues for the Water Fund increased 10.7% from $1,037,721 in 1999 to $1,148,666 in 2000. Operating expenses also increased by 14.3% from $1,107,026 in 1999 to $1,265,113 in 2000. The Water Fund experienced an operating loss for the fourth consecutive year for 2000, amounting to $116,447. When including non-ope.ratingrevenues and expenses and operating transfers out to other funds, the Water Fund had a net loss of $2,868 for 2000. After netting depreciation charged on contributed assets against retained earnings, Water Fund retained earnings actually increased by $274,079 to $2,987,126 at December 31,2000. The following chart indicates the Water Fund results over the past five years. Income (loss) before operating transfers is shown as opposed to net income (loss) due to large fluctuations in transfer activity during the time span illustrated. Water Fund $0 $1.400,000 $1,200,000 $1,000.000 S800.000 $600.000 $400.000 $200.000 ($200.000) 1996 1997 1998 1999 2000 - ElWalar Charges . Operating Income (LoGS) . Operating Expenses (Including Dapredallon) D!~come (Lo&S) Before Operating Transfers 9 JUL-12-2001 12:37 763 569 5799 763 569 5799 P.12/27 FINANCIAL ANALYSIS (Continued) Wastewater Fund: The following grapJ presents a five-year history of the Wastewater Fund. Due to the nature and cost of the Wastewater Fund's assets, it is often difficult to establish sewer rates such that they are sufficient to cover the current year's use of the assets, represented by depreciation expense. Ideally, sewer revenues should cover all operating expenses, including depreciation. The Wastewater Fund experienced operating income (operating revenues greater than operating expenses, including depreciation) for the second consecutive year in 2000. The fund had operating income of $183,724 in 2000, as compared to $6,687 for 1999. When including non- operating revenues (primarily investment income), the Wastewater Fund had operating income before operating transfers of$381,492. After operating transfers out and the netting of depreciation on contributed assets, the fund's retained earnings increased $585,015 from $1,281,068 at December 31, 1999 to $1,866,083 at December 31, 2000. Wastewater Fund $0 $1,400,000 $1,200,000 $1,000,000 S800,OOO $600,000 $400.000 $200,000 ($200,000) 1996 1997 1998 1999 2000 . Operating Expenses {Including Depreciation} D Income (Loss) B!fore OperaUng Transfers Iil Sewer Charges . Open:~~g Income (Loss) IO JUL-l~-~~~l l~:~~ 753 55':3 :>'r";l';::l '('03 559 5799 P.13/27 FINANCIAL ANALYSIS (Continued) Transil Fund: The City's transit bd annually exhibits a large operating loss due to operating expenses exceeding passenger fare revenues. Offsetting these losses are federal and state grants and investment income. Net income of $12,704 resulted in 2000 after including these non-operating revenues. Overall, the Transit Fund has experienced positive results over the past five years, with cumulative net income of $142,205 over that time period. At December 31,2000 the Transit FWld's retained earnings amounted to $403,931. The following graph highlights operating results over the past five years: Transit Fund $0. I --.... ..... ..' _ J .. ,..,,/ 5:250,000 . $200,000 Si150,OOO $100.000 ' $50,000 (S50,OOO) ($100,000) ($150,000) ($200,000) , ' , 1996 1997 1998 1999 2000 . . .....M_.._... . Operating Expenses (Indudfng Depreciation) f []!~:ome (Loss) Before Operating T~~~rs, ,--- . PasGenger Fares . ~~~I!i1g (Loss) Hydro Plant: The Hydro Plant has exhibited operating income for each of the past five years. In addition, the fund has generated income before operating transfers (after non-operating revenues and expenses) for the past four years. In 2000, operating revenues increased by $130,429, while operating expenses increased by $75,367 over 1999 totals. The Hydro Plant Fund experienced net income of $561,046 for 2000. This resulted in retained earnings increasing from $843,759 at December 31, 1999 to $1,404,805 at December 31, 2000. I 11 JUL-12-2001 12:38 763 569 5799 763 569 5799 P. 14/27 FINANCIAL ANALYSIS (Continued) Hydro Plant Fund performance over the past five years is indicated in the following graph: t Hydro Plant Fund "".., I $0 I J , .---.(" 2000 $1,400.000 ' $1,200,000 $1,000,000 $800.000 $600,000 $400,000 $200,000 ' ($200.000) ($400,000) ..... - ---... . ...--..-..... 1996 1997 1998 1999 ...-----.. ...-.. ~... . Operating Expenses (Including Depredation) .,.' ._._----:.~~com~, (Loss) Bel'ore .<:>'para.~ng Transfers _, I - Salat; and Charges , , __Operating Incoma Property Taxes As the first graph on the following page indicates, the City's net tax levy. grew steadily from 1996 to 1998, but actually declined in both 1999 and 2000. The net tax levy declined 3.3% from $3,771,396 in 1999 to $3,646,666 in 2000. The City's tax capacity (market value multiplied by State of Minnesota property tax class rates) increased from $11,018,923 in 1999 to $11,952,912 in 2000. For the second consecutive year in 2000, the City's tax capacity rate declined (from 41.9% in 1999 to 38.1% in 2000). In basic tenns, the City's tax capacity rate is a percentage amount, which when multiplied by the City's tax capacity, results in the gross property tax levy. The decrease in the rate resulted from an increase in the City's tax capacity and an actual reduction in the net tax levy. The tax capacity rate trend is depicted in the second graph on the following page. 12 JUL-12-2001 12:38 763 569 5799 763 569 5799 P. 15/27 FINANCIAL ANALYSIS (Continued) t Tax Capacity and Net Tax Levy $12.000.000 $10.000.000 $8,000,000 $6.000,000 $4.000.000 $2,000,000 1996 !l32'_ Capac $9,800,490 .NetTax L.!.'{Y,.. ,.....$3.182.800 $11.018.923 $3.n1.396 Tax Capacity Rate 1999 2000 1998 1997 1995 0,000% 5.000% 10.000% 15,0000/0 20.000% 25.000% 30.000% 35.000% 49.000% 45.000% 13 JUL-12-2001 12:38 763 56'3 57'3'3 '(b':' ~b':j ~'('::J':j t-'.lb/~'( FINANCIAL ANALYSIS (Continued) Debt Service At December 31, ~OOO the City's gross bonded debt (not including enterprise fund debt) consisted of the following: General Obligation Bonds - City General Obligation Bonds - BRA Special Assessment Bonds - City Certificates of Indebtedness - City $ 2,430,000 10,090';000 14,170,000 305,000 $ 26,995,000 Amounts available in debt service funds for retirement of this debt amounted to $12,465,088 at the 2000 year-end, leaving a net bonded debt or ((amount to be provided for long-term debt" of $14,529,912. Gross bonded debt exhibited a large increase from $18,565,000 at December 31, 1997 to $26,305,000 at December 31, 1998) due to several large projects and related new bond issues during the year, In addition, the HRA issued revenue refunding bonds in 1998 to crossover refund $4)600,000 of the HRA revenue bonds of 1993. The proceeds of the crossover revenue bonds were placed in an irrevocable escrow) which will provide debt service payments on the refunding bonds up to the crossover date of February 1, 2003. At that date, the refunded bonds will be fully called, redeemed by the funds in escrow, and removed from the financial statements. Due to the crossover nature of the refunding bonds, both the refunding and refunded bonds must remain in the City's gross bonded debt until the crossover date. The cash held by the escrow agent (basically equivalent to the crossover refunding amount) is also reported by the City and is included in the ('amount available in debt service funds". For 2000, the City's only bond issue amounted to $3,380,000 for several road improvement projects. Conduit debt obligations are certain limited-obligation revenue bonds or similar debt instruments issued for the express purpose of providing capital financing for a specific third party. The City has issued various revenue bonds to provide funding to private-sector entities for projects deemed to be in the public interest. Although these bonds bear the name of the City, the City has no obligation for such debt. Accordingly, the bonds are not reported as liabilities in the financial statements of the City or in this analysis. The graph on the following page indicates both the gross and net bonded debt trends over the past five years (not including conduit debt or enterprise fund debt): 14 JUL-12-2001 12:39 $30.000,000 . $25,000,000 . $20,000,000 $15.000,000 $10,000,000 $5,000,000 763 569 5799 763 569 5799 P. 17/27 FINANCIAL ANALYSIS (Continued) f' Bonded Debt (City and HRA) $0 1996 1997 1999 2000 1998 l.. El Gross Bonded Debt . Debt Service Fund Balance I . Net Bonded Debt 15 JUL-12-2001 12:39 763 569 5799 763 569 5799 P.18/27 REPORTABLE CONDITION During our audit we noted a condition which is considered to be a "reportable condition" as defined by standar4s established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the, City's ability to record, process, summarize and report on financial data consistent with the assertions of management in the financial statements. Lack of Se1!regation of Accounting Duties During the year ended December 31, 2000, the City had a lack of segregation of accounting duties due to a limited nwnber of office employees. Management is aware of this condition and has taken certain steps to compensate for the lack of segregation but due to the small staff needed to handle all of the accounting duties, the costs of obtaining desirable segregation of aocounting duties can often exceed benefits which could be derived. We are in agreement with management's assertion that the lack of segregation of accoWlting duties is currently cost prohibitive and impractical to correct. However, management must remain aware of this situation and should continually monitor the accounting system, including changes that occur. Although the item listed is considered to be a reportable condition, we do not feel it is a material weakness. MANAGEMENT RECOMMENDATIONS Replace Purchase Orders with Pav Vouchers Currently the City uses 'l>urchase orders" for each claim of the City. When vendor invoices and statements are received, these purchase orders are completed. and attached. The purchase orders with related invoices are then routed to the Pinance Department for payment. We recommend pay vouchers replace the purchase orders currently used. Each'pre-numbered pay voucher should be attached to the invoice/statement prior to routing it to the department head for approval. The pay voucher should then be approved and coded by the department head. We believe this procedure will enable the Finance Department to track the invoices and claims received by the City. Develop True Purchase Order Svstem The purpose of a purchase order system is to gain approval for a purchase prior to the actual expenditure. Governmental entities use this process to have more controls over the budgets for each department; it allows fD.r each department head to plan their spending. This system also allows for outside vendors to work more efficiently with the City. 16 JUL-12-2001 12:39 763 569 5799 763 569 5799 P.19/27 MANAGEMENT RECOMMENDATIONS (Continued) All purchase orders should be pre-numbered and in triplicate. Once a purchase order is issued, one copy is to be ~nt to the vendor, one copy should be maintained by the department that initiated the acquisition, and in the absence of a receiving department, the other should be routed to the finance department. Once the item has been received, the packing slip should be Touted to the department making the acquisition. When the Finance Department receives the claim, invoice, or statement and a pay voucher is attached and routed to the appropriate department, the department head should attach the approved purchase order and packing slip with the completed pay voucher to the Finance Department for payment. The pre-numbered purchase orders will enable the Finance Department to track orders that have not yet been filled, and invoices that have not yet been received. S~reJ!ate Fire and AmbulaJlce Receipting Process During our audit, we found that fire and ambulance receipts are collected at the fire department either directly or through the mail. The Ambulance Clerk at the fire department subsequently issues receipts and forwards paymentreports to the City's finance department. The Ambulance Cl~~k handles all of the billing and receipting functions. We recommend these functions be segregated, transferring the receipting function to City Hall and the City's finance department. All supporting documentation for fire and ambulance receipts would be forwarded to the Ambulance Clerk for record keeping purposes. At a minimum, monthly reconciliations indicating amounts billed, payments received, amounts written off, and accounts receivable balanges should be reviewed by the City's Finance Director. With this information, billing, payment, and write-off trends may easily be analyzed. Review Travel Expellses Policv During December 2000, the City adopted a revised travel expenses policy. The policy is intended to be used by employees as a guideline for expenses incurred while conducting City business or attending approved conferences or training. For reimbursement purposes, the policy requires employees to complete an expense reimbursement form and to attach receipts for lodging, mileage, and parking expenses occurred. However, for meal expenses, the travel expenses policy allows for a maximum meal allotment per day and states "Employees are encouraged to submit original receipts as a part of this record keeping." Without proof for travel expenditures, the City allows itself to be vulnerable to misappropriation. We recommend the City review the travel expenses policy and specifically consider adding language making the meal reimbursement documentation consistent with the overall policy. 17 JUL-12-2001 12:39 763 569 5799 763 569 5799 P.20/27 MANAGEMENT REC OMMEND A TIONS (Continued) Review Rural Fire Association Contract The City has historitally contracted with a rural fire association and recorded revenues related to the contract in the Fire Special Revenue Fund. However, for the past several years, the City has budgeted for, but received no contractual revenues from the rural fire association due to the lack of a formal contractual obligation. Each year, the City has not recognized a receivable (and associated revenue) amount for rural fire association charges, due to the revenue not meeting the "measurable and available" revenue recognition criteria for governmental funds (modified accrual basis of accounting). As a result, the Fire Special Revenue fund balance has exhibited a recent decline ($496,602 at December 31,2000 as compared to $798,931 at December 31, 1998). We understand that subsequent to the audit, the City has reviewed the rural fire association contracts and charges. In 2001, the City is expected to receive charges from the rural fire association for both current and prior years, and the Fire Special Revenue fund balance will likely exhibit a substantial increase. 18 JUL-12-2001 12~40 763 569 5799 763 569 5799 P.21/27 ImDlementation of GASH Statement No. 34 - Basic Financial Statements-and Mana!!ement's Discussion and Analysis-for State and Local Governments Last year, the auditwrofessionals at Kern, DeW enter, Viere, Ltd. presented the City the first of three installments in a guide to implement the provisions of Governmental Accounting Standards Board Statement No. 34. This year KDV continues its commitment to provide the City with the information it needs to make the conversion to the new reporting model. This year's presentation covers four main areas: . Reimbursements and Interfund Eliminations · Reporting of Direct and Indirect Expenses . Matching Long-Term Debt to Related Assets . Fiduciary Funds Keeping in mind that the City will be required to implement GASB Statement No. 34 for the year ending December 31, 2003, we recommend the City review our first set of recommendations on implementation from last year and evaluate the City's progress toward reaching these goals. Reimbursements - Interrund Eliminations Under GASB Statement No. 34, interfimd activity should be reported in the fund fmancial statements and generally should be eliminated in the aggregated government-wide financial statements. Certain internal activities and balances are eliminated to avoid the inappropriate Hdoubling-up" effects those activities and balances would otherwise have on aggregated amounts. For governmental units, there are two types of interfund activity: 1. RECIPROCAL - the government's in1.emal counterpart to exchange and exchange-like transactions: . Interfund Loans are amounts that are required to be repaid and should be reported as interfund receivables in lender funds and interfund payables in borrower funds. If repayment is NOT expected within a reasonable time (not specified by GASB No. 34), the interfund balances should be reduced, with the lender funds reporting a transfer to the borrower fund. For the statement of net assets, amounts owed between funds included in the governmental activities column are eliminated, as well as amounts owed between funds included in the business-type activities column. However, the net amount between governmental and business-type activities should be reported as "Internal Balances" on the statement of activities. The internal balance between governmental and business-type activities should net to zero, and therefore be eliminated in the toral primary government column on the statement of'flet assets. 19 JUL-12-2001 12:40 763 569 5799 763 569 5799 P.22/27 Amounts owed to fiduciary funds and fiduciary component units are reported as receivables from and payables to external parties rather than as internal balances. . Interfuxtd Services Provided and Used are sales and purchases of goods or services between funds for a price comparable to their external exchange value. Interfund services are reported as revenues in seller funds and expenditures/expenses in purchaser funds (with the exception when the General Pund is used to account for risk-financing activity. where interfund charges aJe accounte.d for as reimbursements). 2. NON-RECIPROCAL - the government's internal counterpart to non-exchange transactions: . Interfund Transfers are flows of assets between funds without an equivalent flow of assets in return and without a requirement for repayment. In governmental funds, transfers are reported as other financing sources and uses, while in proprietary funds, ,transfers are reported after non-operating revenues and expenses. For the statement of activities, interfund transfers within governmental activities and within business-type activities should be eliminated. However, the net amount of transfers between governmental and business-type activities should be reported. GASB No. 34 eliminates the residual equity (non-recurring or non-routine transfers of equity) category of transfers. All operating and residual equity transfers are combined under the new statements and simply entitled "Transfers." . Interfund Reimbursements are repayments from the funds responsible for specific expenditures/expenses to the funds that originally paid for them. Reimbursements should be eliminated and NOT reported in the financial statements. Rather, reimbursements should reduce expenditures/expenses in the funds that initially paid for them and increase expenditures/expenses in the funds actually responsible for them. Examples of interfund reimbursements requiring elimination include allocations of overhead expenditures/expenses. Upon elimination, only the functions to which the allocations were made will report expenditures/expenses. Internal Service funds are used to account for activities that provide goods or services on a cost-reimbursement basis to other funds, departments, or agencies of the government (the participating functions). Internal Service fund activity is naturally "doubled-up" in the fund financial statements, once as expenses in the Internal Service fund, and once as expenses/expenditures in the participating functions, with corresponding revenues reported in the Internal Service fund. Interfund activity reported in the Internal Service funds will be eliminated in the govenunent-wide statements. Internal Service fund revenues and expenses will not be reported, and any '~rofit" or "loss" will be allocated to participating fWlctions. In 20 JUL-12-2001 12:40 763 56'3 57'3'3 763 56'3 57'39 P.23/27 other words, Internal Service fund activity will be adjusted to "break even," and any net income will result in a pro rata reduction in the charges made to the participating functions (any net loss will conversely result in a pro rata increase in the charges to the partipipating functions). Despite being reported as proprietary funds, the types of activities accounted for in Internal Service funds are usually more governmental than business-type in nature. Therefore, any Internal Service Fund asset and liability balances not eliminated in the statement of net assets will nonnally be reported in the governmental activities column. However, if enterprise funds are the predominant participating functions in an Internal Service Fund, any residual assets and liabilities should be reported in the business-rype activities column in the statement of net assets. Internal Service fund operations may include revenues and expenses that are not "internal," or that relate to elements that are reported separately in the statement of activities. An example is investment income, which is generally reported in the general revenues section of the statement of activities. Therefore, if an Internal Service fund has significant inves1ment income, that amount should be included in the overall inves1ment income, rather than allocated to the participating functions. Additionally, Internal SeIVice fund revenues and expenses pertaining to transactions with outsiders are not part of the <<break even" analysis and would be reported as program revenues and direct expenses of the appropriate function or program. Transactions such as the sale of utility services from an Enterprise Fund to the general government are not eliminated. Rather, these transactions are considered Interfund Services Provided and Used (see above), with corresponding revenues and expenses recorded. Interfund activity does not include transactions with discretely presented component units, which are considered external transactions and recorded as revenues and expenditures/expenses. Transactions with blended component units are reclassified as internal activity when included in the government's financial statements. We recommend the City take the following actions regarding reimbursements and interfund eliminations prior to implementation of GASB Statement No. 34: . Identify and segregate internal transactions among the types of interf9nd actIVIty (see reciprocal and non-reciprocal section). This may include revising the account structure in the accounting system as needed to identify different types of interfund activities and balances. · Develop procedures for eliminating and reclassifying interfund activities and balances (including reimbursement expense/expenditure allocations that result in the "doubling-up" effect). · Create policies for handling Internal Service Funds. This may include the identification of participating functions and the development of procedures to allocate net income/loss. . Identify non-internal Internal Service Fund activities (such as investmept income, interest expense, and transactions with outsiders) that may not be allocated to participating functions. 21 JUL-12-2001 12:41 753 559 5799 . (,b..:S ::'b':i ::" r"j':i r' . ~4/~' (' , Reporting of Expenses GASB Statement No. 34 requires that governments report all expenses by function on the Statement of Activi~es except for those that meet the definition of special or extraordinary. As a minimum, governments should report direct expenses for each function. Direct Expenses are those that are specifically associated with a service, program or department, and are therefore clearly identifiable to a particular function. Functions such as general government, support services and administration include expenses that are, in essence, indirect expenses of other functions. GASH Statement No. 34 does not require governments to allocate indirect expenses to other functions, but governments may choose to allocate some or all of their indirect expenses. If allocated, the Statement of Activities should present two separate columns for direct and indirect expenses. A column totaling direct and indirect expenses may be presented, but is not required. Depreciation Depreciation expense for capital assets that can be specifically identified with a function should be included as a direct expense. Depreciation expense on "shared" assets should be pro-rated and recorded as a direct expense of the appropriate functions. Depreciation expense on capital assets that serve all functions (such as city hall) is not required to be included in the direct expenses of the various functions. Tllis depreciation may be included as a separate line on the statement of activities or as a part ofthe "general government" fimction. If a separate line is presented, the government must clearly indicate on the face of the statement that this line item excludes direct depreciation expenses of the various programs. Depreciation expense on infrastructure assets should not be allocated to the various functions, but should be reported as a direct expense of the function that the government nomlally associates with the related capital outlay. Interest on General Long-Term Liabilities Expense related to the interest on long-term debt should generally be considered an indirect expense. However, interest on long-term debt should be included in direct expenses when the borrowing is essential to the creation or continuing existence of a program and it would be misleading to exclude the interest from the direct expenses of that program. Most interest on general long-term liabilities does not qualify as a direct expense and should be reported in the Statement of Activities as a separate line that clearly indicates that it excludes direct interest expense, if any. To prepare for this aspect of GASB Statement No. 34, we recommend the City take the following actions: . Identify the functions that will be reported in the Statement of Activities. · 22 JUL-12-2001 12:41 763 569 5799 763 569 5799 P.25/27 . Establish a policy on whether indirect expenses will be allocated among functions or will be presented as their own function (e.g. General Government) on the Statement of Activities. . If indirect expenses will be allocated, establish specific criteria on how these expenses will be allocated. t . Review capital assets, including infrastructure if the modified approach is not used, and determine to which function depreciation will be assigned. . For each asset that is used by more than one function. determine if the depreciation will be pro-rated and recognized as direct expenses of the functions 9r presented as part of unallocated depreciation. . . Review interest on general long-tenn liabilities to determine if any meets the criteria for presenting it as a direct expense. Matching Long-Term Debt with Capital Assets The City of Hastings will display their net assets in the Statement of Net Assets in three components - invested in capital assets, net of related debt; restricted; and wzrestricted. Invested in capital assets, net of related debt consists of all capital assets, net of accumulated depreciation and reduced by the outstanding balances of any debt (including bonds, mortgages, notes, or other borrowings) attributable to the acquisition, construction, or improvement of those assets. We recommend the City review their documents relating to indebtedness to determine the appropriate relationship between the, proceeds spent and their capital assets. If debt is issued for capital purposes and some of the proceeds are spent for assets that are not capitalized, the City is not expected to determine how much of the debt actually relates to assets that have been capitalized. Unless a significant portion of the debt is 'spent for non-capitalizable purposes, the entire amount could be considered "capital-related." If debt is issued to refund existing capital- related debt, the new debt is also considered capital-related. If in any given year a portion of debt proceeds remain unspent at the end of the year, the portion of the debt related to the unspent proceeds should not be included in the calculation of invested in capital assets, net of related debt. Instead, this portion should be included in the same net assets component as the unspent proceeds -for example, restricted to capital projects. Fiduciary Funds Fiduciary fund reporting focuses on net assets and changes in net assets. Fiduciary funds should be used to report assets held in a trustee capacity or agency capacity for others, and therefore, cannot be used to support the government's own programs. The fiduciary fund category includes: . Pension and other employee benefit trust funds . Investment trust funds . Private-purpose trust funds . Agency funds 23 JUL-12-2001 12:41 763 569 5799 763 569 5799 P.26/27 The three types of trust funds should be used to report resources held and administered by the reporting government when it is acting in a fiduciary capacity. These funds are distinguished from agency funds generally by the existence of a trost agreement that affects the degree of management involv~ment and the length of time that the resources are held. Definition of Funds Pension and Other Emplovee Benefit Trust Funds are used to report resources that are required to be held in trust for the members and beneficiaries of defufed benefit pension plans, defined contribution plans, and other post employment and employee benefit plans. Investment Trust Funds are used to report the external portion of investment pools reported by the sponsoring government, as defined in GASB 31. Private Purpose Trust Funds such as funds used to report escheat property, are used to report all other trust arrangements under which principal and income benefit individuals, private organizations, or other govenunents. Aeencv 'Funds are used to report resources held by the reporting government in a custodial capacity, where assets equal liabilities, Agency funds typically involve only the receipt, temporary investment, and remittance of fiduciary resources to individuals, private organizations, or other governments. Required Financial Statements The following financial statements are required to be presented in accordance with GASB Statement No. 34: . Statement of Fiduciary Nets Assets . Statement of Changes in Fiduciary Net Assets These financial statements should report the primary and all component units that are fiduciary in nature. In addition, the statements should provide a separate column for each fund type (pension trust, investment trust, private-pwpose trust and agency funds). Measurement Focus and Basis of Accountine Financial statements of fiduciary funds should be reported using the economic resources measurement focus and the accrual basis of accounting, except for the recognition of certain liabilities of defined benefit pension plans and certain post-employment healthcare plans. The statement of fiduciary net assets should include infonnation about the assets, liabilities, and net assets for each fiduciary fund type. GASB statements 25, 26 and 31 provide detailed guidance for presentation. 24 JUL-12-2001 12:42 763 569 5799 763 569 5799 P.27/27 The statement of changes in fiduciary net assets should include infonnation about the additions to, deductions from, and net increase (or decrease) for the year in net assets for each fiduciary fimd type. GASB statements 25 and 26 provide detailed guidance for presentation. t The reporting of agency funds should be contained in the statement of net assets, where assets should equal liabilities. Agency funds should not be reported in the statement of changes in fiduciary net assets. Implementation of Stage One and Future Issues - Stage Three GASB Statement No. 34 is by far the most significant statement ever adopted relating to governmental financial reporting. Implementation of Stage One issues, covered previously, and the implementation of Stage Two issues is vital to the entire successful implementation. Below is a recap of Stage One and future Stage Three issues: Recap of Implementation Stage One · Management Discussion and Analysis (MD&A) · Basic Financial Statements · Required Supplementary Information (RST) · Effective Date and Transition · Fund Structure · Government-Wide Financial Statements - Statement of Activities · Infrastructure and Fixed Assets Future Issues - Implementation Stage Three · Major Funds - Identification and definition · Direct Cash-Flow Method - Effects on fmancial. statements · Equity - Endowment effects · Special and Extraordinary Items - Identification and definition · Other Financing Sources and Uses - Transfers · New Footnote Disclosure Requirements · Management Discussion and Analysis We will continue to provide specific explanation of various issues related to your City to successfully implement GASB Statement No. 34. 25 TOTAL P. 27 VIII-C-2 Creative Solutions for Land Planning and Design Hoisington Koegler Group Inc. 11I11 (gO MEMO July 10,2001 t To: Marty McNamara, Park & Recreation Director City of Hastings From: Bruce Chamberlain Consulting Planner CC: Whitney Clark Friends of the Mississippi River Re: Mississippi River Greenway Strategic Plan. Enclosed please find a final draft of the Mississippi River Greenway Strategic Plan. This has been an exciting project and one that, I believe, has tremendous implications for the future of Hastings and the other communities involved in the process. Friends of the Mississippi River and I have been presenting the plan to each of the partner communities over the last couple of weeks. I would like to review the plan with the City Council and Commissions on Monday evening, the 16th and ask for official endorsement of the plan at the meeting. To date, the report has been presented to Rosemount. They had some very good comments that have been incorporated into the draft report you are receiving. Comments we receive from Ravenna this week will be expressed to the Council at the meeting. A suggested motion in regard to the greenway project is: The City of Hastings hereby endorses the Mississippi River Greenway Strategy as an appropriate and rational vision for open space preservation in the community. The Hastings City Council makes the following directives in regard to the Greenway Strategy: 1. Staff shall consider the green way layout identified by the Greenway Opportunities Map contained in the Strategy when conducting future updates of the Hastings Land Use Plan. 2. Hastings will continue to be a partner in the greenway effort as the implementation phase begins. 3. Consideration shall be given to creating a "greenway overlay zoning district" that would establish performance criteria for development within suggested greenway lands. 4. Consideration shall be given to promoting PUD zoning, conservation easements and other land conservation techniques that would assist in protecting designated greenway lands at the time development proposals are reviewed. I look forward to seeing you on Monday evening. Enc. 123 North Third Street, Suite 100, Minneapolis, MN 55401-1659 Ph (612) 338-0800 Fx (612) 338-6838 Project Partners City ofHastingl Marshan Township Ravenna Township City of Rose mount Dakota County Minnesota Department of Natural Resources, Metro Greenways Program . Partners Advisory Committee Karen Bremer, Board Member - Nininger Township Cathy Busho, Mayor - City of Rose mount Roger Fox, Board Member - Marshan Township Marty McNamara, Park & Recreation Director - City of Hastings Lynn Moratzka, Director of Planning - Dakota County/ Council Member - City of Hastings Bill Penning, Outreach Coordinator, MN/DNR Metro Greenways Dan Schultz, Park & Recreation Director, City of Rosemount Al Singer, Coordinator - MN/DNR Metro Greenways Program John Mertens, Senior Planner, Dakota County Beverly Topp, Dakota County Farmland & Natural Areas Project Hank Tressel, Board Member - Ravenna Township Project Consultants Friends of the Mississippi River 46 East 4th Street, Suite 606 St. Paul, Minnesota 55101 Whitney Clark, Executive Director Tom Lewanski, Conservation Director Hoisington Koegler Group Inc. 123 North 3rd Street, Suite 100 Minneapolis, Minnesota 55401 Bruce Chamberlain, Vice President Lil Leatham, Project Planner JuIy,2001 The Communities of Hastings, Marshan, Nininger, Ravenna, and Rosemount In Dakota County, Minnesota Partially funded by: MN/DNR Metro Greenways Program Acknowledgments . II Hoisington Koegler Group Inc. I. Friends of the . Mississippi River The Mississippi River Greenway Strategic Plan creates a multi-jurisdictional implementation strategy for proposed greenways in Hastings, Rosemount, Ravenna, Marshan anq. Nininger in Dakota County, Minnesota. The project builds on three recent focal efforts with a similar focus: Hastings Greenway Plan (City of Hastings), Protecting Dakota County Farmland and Natural Areas (Dakota County), and the Dakota County Township Greenway Plan (Township Officers Association). The project is intended to 1) build multi-jurisdictional, public consensus and support around a unified greenway effort; 2) demonstrate how greenways can coexist with various land uses; and 3) strategize tools and implementation steps necessary for greenway protection. A public, consensus-building process was used in developing the greenway strategy The process is documented and attached as an appendix to this report to serve as a reproducible model for similar projects elsewhere. The mostly rural landscape south of the Mississippi River between Rosemount and Ravenna is beginning to experience tremendous pressure for change. The Minneapolis/St. Paul metro area is projected to continue growing at a fast rate and this beautiful area is seen by many as one of the "next frontiers" of metropolitan development. At the same time, many people believe that our local and regional quality oflife is rooted in the tremendous natural and rural amenities that make this place and others like it special. Finding common ground between these two potentially opposing forces is the basis for the greenway effort. We can all think of places that have developed and grown and in the process, lost their essence - the very thing that made THAT place special. It usually happens piece by piece, over a long period of time without us recognizing the loss until its too late. Greenway preservation is a way to capture and hold on to the essence of a landscape. Greenways protect the most critical natural and scenic lands while still allowing agriculture, industry, and neighborhoods to grow and thrive - its just that they do so within a preserved fabric of natural landscapes. This will result in a healthier ecosystem, a richer culture and a greater quality of life for the community. Greenways can: . Protect the natural features that make the landscape unique. . Enhance property values by preserving natural and scenic amenities. . Provide important habitat corridors for wildlife. ~J$lPP1RIVERGREENWAYSIRA1IGICPIAN Introduction Why Creenways? Pagel · Serve vital community functions such as protecting water quality, preventing erosion, purifying the air, and providing floodwater storage; ru,ctions that may otherwise have to be engineered at a higher cost. . Help protect the priceless natural resource of the Mississippi River by enhancing the environment of the surrounding watershed. The Mississippi River Greenway Project is focussed on roughly 60,000 acres in a swath of land several miles wide, south of the Mississippi River in the communities of Rosemount, Nininger, Hastings, Marshan and Ravenna, Minnesota. The project limits were selected partially based on community boundaries and partially on ecological factors. The project area includes a diverse mix of agriculture, industry, residential and commercial uses. Project Area The word "greenway" means different things to different people. For the Mississippi River Greenway effort, the following defInition is used: Defining .Greenway. Greenways are privately or publicly owned corridors of open space which often follow natural land or water features and which are primarily managed to protect and enhance natural resources. A year-long, public consensus-building process was conducted to identify a vision for greenways in the project area. A series of four public workshops and one open house were held through the planning process in order to offer a final product that has the complextion of the local community. The vision is based on a combination of science (suggesting we should preserve landscapes that are ecologically sensitive), community passion (suggesting we should preserve landscapes and views that are meaningful), and common sense (suggesting we should link together the preserved landscapes). Public Consensus Building Process Through the process, the community had a chance to tell the professionals creating the plan what they know about the landscape and then react and re-react to the plan as it unfolded over the year. The greenways drawn on the plan are called "greenway opportunity areas" because they are just that -lands that would be ideal for greenway preservation. Predicting that not all the lands identified as greenway opportunities will actually be preserved, the goal is to preserve a continuous greenway somewhere within each of the targeted corridors that, when viewed from the sky, forms an inter-connected web of natural lands. MmSSlPPIRlVERGRFENWAYSIRAlIGICPIAN Page 2 Guiding Principles provide the foundation for the Mississippi River Greenway Project. They identify broad directives for development of the strategy and eventual implementation. The guiding principles result from input provided by public through commlfnity Visioning and Issues workshops. The Guiding Principles for the Mississippi River Greenway Project are: Guiding Principles In regard to greenway implementation... . Establish a greenway system that preserves and inter-links the unique natUral features and important ecological corridors within a broad project area near the Mississippi River from Rosemount to Ravenna. . Thirlk of greenways as the enduring web of natural landscape within which other land uses exist and evolve. . Think of greenways as a strategic land management tool in the effort to preserve and enhance our quality oflife. . Organize a greenway effort that has an open process and voluntary landowner participation. . Organize a greenway effort around a partnership between landowners, local governments, citizens, and the non-profit community. . Along with greenway establishment, work with landowners to conduct voluntary habitat restoration/management on greenway lands. . Encourage the minimization of infrastructure development within greenway areas and ifinfrastructure must be built, use creative, low-impactapproaches to minimize disruption to habitat and wildlife. . Educate the community about greenway stewardship. In regard to the planning process... . Identify a hierarchy of greenway lands; suggesting a range of ecological sensitivities. . Suggest greenway "best management practices" that allow flexibility to accommodate landowner wishes while upholding the basic ecological principles of the greenway effort. . Suggest ways to address potential conflicts between different types of greenway users. ~lPJ!lRlVERGREENWAYSIRA1IGICPIAN Page 3 To determine where greenways may be well suited in the landscape, an in- depth analysis oflandscape features was conducted. Landscape FeJtures: First, the project area and its landscape features such as topography, soils, surface water, ground water, etc. were electronically mapped using a geographic information system (GIS). Sensitivity Thresholds: Next, sensitivity thresholds were determined and applied to each feature. For instance, it was determined that slopes over 18% have sensitivity to erosion and may be poorly suited to agriculture and development. Therefore, lands with 18% slopes or greater became a threshold for inclusion as a potential greenway. In addition to determining the thresholds, a differenciation was made between high sensitivity features such as wetlands and floodplains and low sensitivity features such as wooded areas and soils poorly suited to development. The enclosed Feature Threshold Maps illustrate this stage of the process. Composite Landscape Sensitivity: At this point in the process, feature threshold maps were overlaid irito a single landscape sensitivity map. This map (as enclosed) provides the full picture of sensitive landscapes but does not quite offer a high quality greenway system. A Functional Plan: For a greenway system to be ecologically functional, it must provide an interconnected web of uninterrupted greenway corridors (primarily for wildlife migration). To accomplish this, open space corridors were added to the plan to provide strategic connections where needed. Greenway Opportunities Map: The combination of all these elements has lead to the Greenway Opportunities Map. This map is really "the plan". It is intended to guide protection of the greenway system. Each of the greenway corridors and areas have been named to make communicating the plan easier. As mentioned earlier, it will be challenging to preserve all of the land identified as greenway so the goal is to preserve a continuous greenway (at least 300 feet wide) somewhere within each of the targeted corridors. There is sometimes a perception that the creation of greenways would ''take over" the landscape and preclude human use of the land. To demonstrate how greenways could coexist with other land uses, a series of sketches (enclosed) have been done showing hypothetical landscapes with and without greenways. ~PIRlVERGRFENWAYSIRAnaCPIAN Determining the Greenway Plan Relating Greenways to other Land Uses Page 4 Best Management Practices (enclosed) suggest land management techniques that support the various types of greenways suggested. They can be used as a guide in negotiating conservation easements with property owners as well as by property owners and' easement holders in managing greenwayareas. Best Management Practices Once a greenway plan has been developed, it comes to life as landowners begin to take steps to protect and manage land within the corridors. There are sev~ra1 tools that landowners can uSe to protect the natural features on their properties. These tools can serve the dual purposes of protecting valued natural community assets, while potentially providing economic benefit for the landowner. What follows are the primary land protection tools that could be utilized during the implementation phase of the Mississippi River Greenway Project. The full range of options will be discussed with the landowners in the corridor opportunity areas. The tool that will ultimately be used on a particular parcel ofland will be dependent on the landowner's disposition toward the project, hislher financial situation, the political jurisdiction in which the parcel is located, and available funding. The following descriptions ofland protection tools were taken largely from the Land Protection Options handbook authored by Laurie AUmann. land Protection To 0 I s Land Protection Tools: 1. Acquisition. A landowner wishing to sell property but also interested in protecting the natural qualities of that property could consider selling it to a conservation buyer. Conservation buyers include the Department of Natural Resources, the Nature Conservancy or other non-profit conservation organization, a local unit of government or private individual. There are many factors that will determine which of these entities might be interested in purchasing the property. These factors include the property's location, the quality of the natural resources, and the appraised value of the land, among other things. If acceptable to the conservation organization, the landowner may reserve a life estate in the property. This will enable the landowner to live out hislher life on the property, while enjoying the financial benefits of the sale. At the time of death,. the property than goes to the conservation organization. There are several ways to sell a piece of property. One technique that can be beneficial to both the seller and the buyer is a bargain sale. In this situation, the landowner sells the property for less than the fair market value. It is obvious how this can benefit the buyer, but it can be advantageous for the seller as well. If sold to a qualifYing buyer, the difference between the fair market value and the bargain sale price may qualify as a charitable donation, which could result in income tax ~1\')lPl'IRIVERGREENWAYSIRAnaCPIAN Page 5 savings. An important consideration is that as a result of the tax savings from the charitable donation and the reduced capital gains tax owed due to the reduction in income from the bm;gain sale, the seller may be better off fmancially through the bargain sale than by selling the property at the fair market value. land Protection Tools (cont.) 2. Donation. A landowner that is interested in protecting her property and is not in need of the financial assets that are associated with property may consider donating it to a conservation organization. The landowner 'can claim the value of the donated land on income taxes. As in the sale of property, there are several ways to approach the donation of property. A few of the more common ones are described below. A landowner that wants to make sure that the property is used in the way that she intended, can donate the property with a restricted title. This can be done in a couple of ways. The land can be donated to one organization , while a conservation easement is. donated to a second organization. In this scenario, the organization holding the easement will serve as a watchdog, making sure that the terms of the easement are not violated (see conservation easement description below). A second approach is to place a deed restriction on the property's title before it is donated. However, unlike the conservation easement, the deed restriction does not designate a person or organization to monitor the property to make sure that the land is used as the donor intended. The donor may wish to continue to live out hislher life on the property. At the time of death the land then goes to the conservation organization. This is called a life estate. 3. Conservation Easement: A conservation easement is a voluntary and permanent transfer or retirement of (a) specific right(s) associated with land ownership. For instance, a landowner may permanently retire the right to develop his property. The Supreme Court likened rights associated with property ownership to a bundle of sticks. The landowner has the right, within local or other ordinances, to farm a piece ofland, build a home on it, log the trees, sell the property, as a few examples of the sticks in this bundle of rights. By placing a conservation easement on the property, the landowner is voluntarily removing certain specific rights from this bundle to protect the ecological integrity. of the land. A common right that is permanently removed is the right to develop the property. A conservation easement might also remove the right to log or mine the minerals from the property. The person retains all the other rights associated with land ownership, including ~PIRIVERGREENWAYSIRATIGICPIAN Page 6 the title to the land. The easement does not make the land open to the public. land Protection Tools (cant.) Each easement ~s ipdividually crafted for each landowner's situation. It takes the form of a legal contract that is filed in the public records of the county in which the la,nd is located. Once this is completed the current and any future owners of this piece of property are legally bound by this easement Since the conservation easement restricts development on a piece of pro~w, it may dramatically reduce the fair market value of the property. There are two types of conservation easements. In the fIrst situation, the landowner donates the conservation easement to a qualifying conservation organization. The donation is determined by subtracting the value of the property after the specifIc rights have been removed from the value prior to the easement being placed upon it. The difference between the two fIgures is the charitable donation. The landowner may enjoy tax savings from donating a conservation easement. Since some of the value of the property has been taken away by removing specifIc rights, property taxes may be reduced. Theoretically, the property is worth less because it can not be developed. The charitable donation can result in income tax savings and because the value of the property has been reduced, estate taxes may also be less. The second situation is when the easement is purchased by a qualifying conservation organization. The landowner can thus receive some or all of the value of the rights that is permanently retired. Because the landowner is receiving money for giving a conservation easement, he is unable to enjoy a charitable donation tax. savings (unless the purchase price is less than the fair market value), but because the value of the land is reduced by the removal of certain rights, property and ultimately estate taxes may be reduced. 4. Land Management. The ultimate goal for developing a system of greenway corridors along the Mississippi River in Dakota County is to protect and enhance the ecological functions of the landscape, which in turn will help to protect and enhance the quality of life in the area. By permanently protecting land within these corridors, the residents of the project area can prevent changes to the landscape, brought about by human development that can have negative impacts on the landscape and communities. This aspect of the greenway development is preventative in nature, aimed at changes to the landscape that will prevent the natural systems from working. MI~~lPl'lRlVFRGREENWAYSIRATEGICPIAN Page 7 Greenway development must be a two-pronged approach, however. The second aspect of this work is to manage and restore the natural communities so theyf.function in as healthy a manner as possible. A healthy natural community is one that has a high level of native biodiversity and ecological function. Whether a landowner chooses to permanently protect his/her property or not, the values of the greenway can be enhanced by conducting natural resource restoration ~nd management activities. Improving the ecological health of individual land parcels raises the level of health for the entire greenway. There are several recommended steps in the process of improving the ecological health of a parcel of land. Land Protection Tools (cont.) Natural Resource Management Plan. A natural resource professional meets with the landowner to discuss the landowner's goals for the property, walk on the property to assess the health of the natural community, and to layout the process of developing a land management plan. The natural resource professional may make several visits to survey the land. The land management plan will guide the effort to manage or restore the natural community on the property. The actual plan may include information on the land use history, health of the existing natural communities, plant and animal surveys, extent of exotic species, management/restoration goals, management/restoration activities, timeline, and possible funding sources, among other things. Natural Resource Management Activities. Once a natural resource management plan has been completed, activities can begin which serve to manage or restore the ecological health of the land. These activities may include prescribed burns, invasive exotic plant removal, soil preparation and planting'of native plants, streambank stabilization/restoration. The actual activities will be based on the needs of the individual parcel and that of the greenway corridor of which it is apart, the desires of the landowner, and available funding. Monitoring. Ongoing monitoring of the project area should be conducted to ensure that the activities are having the desired affects and to provide the opportunity to respond to situations as they become known. 1v1ISSJSSJPPIRIVERGRFENWAYSIRAIIDCPIAN PageS , Establishment of greenways will obviously be a challenging task and one that will take continued community commitment for years to come. We learned through the planning p~cess that there is broad support the greenway concept but we also learned that there is a degree of skepticism (sometimes passionate) about the role of government in the greenway effort. Some people who participated in the planning process made it clear that they do not want greenways to become an extension of public parks. Instead, greenways should mostly.be privately owned and managed. . Implementation Blueprint Taking this point of view into consideration, an effort to protect greenways is seen as 1) including a range of preservation options - most of which would keep greenway land in private ownership; 2) a voluntary activity by a property owner; and 3) an effort of partnership between the local communities, landowners, and non-profit conservation organizations. Those involved in the greenway preservation effort will have to earn peoples respect, skeptical or not, by honoring the wishes of individual landowners and allowing the results of greenway preservation to speak for themselves. Suggested next-steps by local governments (Hastings, Marshan, Nininger, Ravenna, Rosemount) in implementing the greenway strategy... 1, Officially endorse the Mississippi River Greenway Strategy as an appropriate and rational vision for open space preservation - a vision vital to maintaining your community's long-term quality oflife. 2. Incorporate the greenway layout contained in the Greenway Opportunities Map into future updates of your Comprehensive Land Use Guide Plan. This will keep the greenway vision in mind as you make land use decisions. 3. Consider creating a budgetary line-item for administering a multi-jurisdictional greenway protection effort. 4. Adopt or modify local Shoreland and Bluflland ordinances to help protect the most ecologically sensitive landscapes. 5. Consider creating a greenway overlay zoning district that would establish performance criteria for development within suggested greenway lands. 6. Consider cluster development, PUD zoning or other techniques that would assist in protecting designated greenway lands at the time development proposals. are reviewed. MI~~PIRIVERGREENWAYSIRA1EGICPIAN Page 9 7. Appoint a community representative to sit on a multi-jurisdictional greenway steering committee to oversee the greenway protection effort. Implementation Blueprint (cant.) t Suggested next-steps by Dakota County in implementing the green way strategy... I. Officially endorse the Mississippi River Greenway Strategy as an appropriate and rational vision for open space preservation - a vision vital to maintaining the long-term quality oflife in Dakota County. 2. Consider creating a budgetary line-item for administering a multi-jurisdictional greenway protection effort. 3. Appoint a representative to sit on a multi-jurisdictional greenway steering committee to oversee a greenway protection effort. 4. Take a leadership role in exploring funding avenues for greenway protection. . Suggested next-steps by the non-profit community (Friends of the Mississippi River) in implementing the greenway strategy... I. Facilitate multi-jurisdictional discussion and communication about greenway protection. 2. Act as stafffor the greenway protection effort. 3. Continually refine and expand this implementation blueprint as the greenway protection effort progresses. 4. Explore funding avenues for greenway protection and take a leadership role in preparing appropriate grant applications. MT~PlRIVERGREENWAYSIRATIGICPIAN Page 10 A possible implementation scenario... The following scenario can be used as a guide toward implementation of the greenway plan. There f:1re many factors that will influence the tasks that make up the implementation phase of the project, their order and timing. However, there are specific activities that seam appropriate. Implementation Blueprint (cont.) Coordination Staff"mg. The overall greenway project is multi-jurisdictional and therefore beyond the scope of anyone of the partnering communities. Friends of the Mississippi River (FMR) could lead coordination of the implementation effort. This scenario presents several benefits. FMR is a non-profit, citizen based organization. It has no greater interest in one community than it does in another, providing a level of impartiality in the implementation of the greenway plan. Inherent in this greenway development is the voluntary participation of private landowners. FMR may provide a less threatening face to the project, especially for landowners that may be suspicious of government's role in land use decisions. FMR has experience and success in working with landowners on land protection and natural resource management projects in Dakota County. Its staff is knowledgeable about conservation, natural resource restoration and management, and funding sources for activities associated with greenway development. Steering Committee. A steering committee could be organized to provide guidance, local knowledge and community representation to the implementation effort. Members of the steering committee might include landowners, community leaders and elected officials from the communities in the project area. The remaining elements of the implementation strategy will be pursued under the auspices of the steering committee. Two representatives from each of the project communities could sit on the steeling committee: Hastings, Rosemount, Marshan, Ravenna and Nininger. In addition, one representative from the following organizations would be asked to sit on the committee: Dakota County, Minnesota Department of Natural Resources, Dakota County Soil and Water Conservation District. Specifically, the Steering Committee will set priorities for landowner outreach and specific project implementation, publish a greenway newsletter, assist with fundraising, coordinate public relations, provide project staff with local information crucial to project success. MTSSJSSJPPlRIvmGREENWAYSIRAllGICPIAN Page 11 Communication Effective communication is important to ensure that accurate and timely information is availablft to the residents of the project area. In addition to face to face discussions with landowners, efforts will be made to raise the level of awareness among area residents about the greenway project. These efforts will include the development and dissemination of promotional materials and the use of area media. Implementation Blueprint (cont.) Promotional Materials. It is anticipated that two communication pieces will be developed to disseminate information about the greenway project. Greenway Brochure. A brochure that describes the greenway project was developed during the planning phase of the project. The anticipated audiences for this brochure include the landowners, public officials, potential funders, and interested citizens of the project area Greenway Newsletter. A periodical newsletter will be developed that will introduce the project, provide project updates, and highlight land protection projects. It is anticipated that this newsletter will be mailed to the approximately 20,000 residents of the project area. Media outreach. The steering committee and FMR staff will work strategically with local media to provide informational feature stories and press releases regarding the greenway project. Local media contacts include: Media Rosemount Town Pages Rosemount This Week Hastings Star Gazette Hastings Free Press Ravenna Township Newsletter Marshan Township Newsletter City of Rose mount Newsletter City of Hastings Newsletter City of Rose mount Website City of Hastings Website KDWARadio - Hastings Rosemount Cable Access Hastings Cable Access MI~"lPPIRlVER GREENW AYSIRAllGICPIAN Page 12 Landowner Outreach Through the Strategic Planning Process, a map was produced showing greenway opportunity areas. A cclrresponding database oflandowners in these areas was also developed. Staff from FMR, with the guidance and assistance from the Steering Committee, will first prioritize this list of landowners based on their property's greenway designation (high sensitivity, low sensitivity, protected open space), known landowner disposition toward project, and the parcel's prox~ty to other land protection and/or natural resource management/restoration activities. Based on this prioritized list, FMR staff will conduct outreach to landowners in the greenway opportunity areas. The following process will be used to conduct this outreach: Implementation 'Blueprint (cont.) A letter will be sent from the Steering Committee to the landowner(s) introducing the project and FMR and asking for-the opportunity to meet with the landowner. FMR sta:ffwill contact the landowner(s) by phone to schedule a meeting. The landowner meeting will be used to: Provide additional information on the greenway project and their parcel's role in it. Provide information on land protection tools and natural resource management (see attached land protection tools document). Explore the landowner's interest in participating in the greenway project Clarify next steps. If a landowner is interested in participating, FMR staff will spend additional time with them to explore his/her wishes and needs for the property, the appropriate land protection tool, and the timing of the project. FMR will also research possible funding sources and apply for the appropriate one( s). Funding Funding will be a crucial component of a successful greenway project. It will be used for op~rational expenses associated with the project and for specific land protection and natural resource projects. FMR staffwill seek funds from a range of sources including state and federal governmental agencies, local units of government, the Metropolitan Council, foundations, corporations and private individuals. Funds would be used toward: ~~IPPIRlVERGREENWAYSIRAlIGICPlAN PageI3 Operational Funding. Operational funding will be used to support the staffing required to pursue the project activities outlined above. It will also be used to produce the project's cqrnmunication materials. Implementation Blueprint (cont.) Project Funding. These funds will be used to complete individual land protection projects. Costs associated with land protection include purchase of development rights or fee title and the services related to these protection efforts including appraisals, legal fees, and stewardship endowments. . Natural Resource ManagementlRestoration Funding. These funds will be used to conduct specific land management activities such as the restoration of natural communities or the management of existing natural communities. END OF REPORT ~S'jIPPIRIVERGREENWAYSIRAITGICPIAN Page 14 l..;ti <'.. ~ ~ ,A01t '~ ~! u:\\"~!i~~ .,) ~ 11; ~~ AUL ~ ^ ,. l ,) Y,< I ~ ......", .:JI l.A:J :>;,;' aY, ;f!.: I .' ....~,." .~_.1 ~; _':~ ,'^"ilt " -! - "l} 7 '" .., ,/.J." ~, ii ~"l '~1: _ ,0'" 3_' ~ "l .J,'-,' 'f'j,", "1>, "" "~ ""It ... "j '~ \\01'J_:" VE~~' .f ,~ ~" rJ. ~ ~" .~} i~l ",..'<',er.':," ".,<j~~ ~"':, ~/ ,'~' l',' ? ~ '~'~~. "(J ~,~t' , l;j!i?lW' ;\:~ J ~,,~ . 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II! ! t j 'J . ; 1m It 18 H " 'ul l'f'!~ f.l J ht} t I ,S :1 ~ Q "J~h ~ 1 t.l!~ ~ .8 i,. i .g i G I [i1 ~ HlIU t ;s 1 ] J~ i ~ ~ JH'I~ if UiJ ~ I i IjJ ~ :!l I:.ll:l ~. ilOq ox'f B J :! ".a!fH 'h~ ~~ ~~~J!.aG~~ t!: 111 oj bd u~1O Jf il~.!'d !] . .} 1...!lml~~]:l-g ~..~:IJid oh~! .iu ~ ~ ~fJlrud' D'I ~U;!lJ l~j 1]!~1. fl' f HiJ~tj ~uf iJ ~UdfU~i~d jIt Ul1 {l ~dlit!j~~J ~J !jl!!Hj~HXJ !Ib~d j~ ~ & ~ ]1 ~ I ~ ~ ~ ~~ HU P-lH ~'O ~g ~~. VII-6 & VIII-C-3 MEMORANDUM TO: FROM: DATE: SUBJECT: Jf'onorable Mayor and City Councilmembers Dave Osberg, City Administrator July 12, 2001 Annexation Ordinance RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action approving the second reading of the attached annexation ordinance, after completion of the scheduled public hearing. Backaround The City has received a petition for annexation for a parcel of land lying west of the current City limits, and north of Featherstone Road, owned by Edward and Shelly Kranz. Edward and, Shelly Kranz are seeking annexation to the City of Hastings to allow for connection to City utilities. A copy of the petition and map of the area are included in the packet for review by the City Council. The first reading of the Ordinance was approved by the City Council at its meeting on June 4, 2001. A notice of the annexation ordinance hearing was also mailed to the surrounding property owners, and Nininger Township. Once approved by the City Council, the annexation ordinance will be forwarded to the Minnesota Office of Planning for their approval. In my absence, City Attorney Shawn Moynihan will present this agenda item at the meeting on Monday July 16,2001. David M. Osberg City Administrator '\ ORDINANCE NO. AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING ITS CqRPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING THE CITY WHICH IS OWNED BY EDWARD AND SHELLY KRANZ PREAMBLE Edward and Shelly Kranz have represented to the City of Hastings that they are the sole owners of the property described as: That part of the Southwest Quarter of Section 20, Township 115, Range 17 Dakota County, Minnesota described as follows: Commencing at the southeast comer of said Southwest Quarter; thence west along the south line thereof a distance of 219.0 feet to the point of beginning; thence continuing west along said south line a distance of 123.0 feet; thence deflecting 90 degrees right a distance of 363.0 feet; thence deflecting 90 degrees left a distance of 190.0 feet; thence deflecting 90 degrees right a distance of 237.0 feet; thence deflecting 90 degrees right a distance of 279.0 feet; thence deflecting 90 degrees right a distance of 237.0 feet; thence deflecting 35 degrees 18 minutes 40 seconds left a distance of 58.82 feet; thence deflecting 35 degrees 18 minutes 40 seconds right a distance of 315.0 feet to the point of beginning. Containing 2.5 acres. Subject to a road easement over the south 3Jfeet thereof. Together with an easement for ingress and egress over the following described tract of land: Commencing at the southeast comer of said Southwest Quarter; thence west along the south line thereof a distance of 186.7 feet to the point of beginning; thence continuing west along said south line a distance of 32.3 feet; thence deflecting 90 degrees . right a distance of 315.0 feet; thence deflecting 90 degrees right a distance of 28.2 feet more or less to a point 186.7 feet west of the east line of said Southwest Quarter; thence south parallel with the east line of said Southwest Quarter a distance of 315.0 feet more or less 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 1.5 acres in size. Section 1. The City Council hereby determines and finds that the property described above abuts the City of Hastings; that the area to be annexed is 60 acres or less; that the property is not included in any area that has already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; that the City of Hastings received a properly prepared Petition for Annexation signed by all of the owners of the property; and that the Petition for Annexation complies with all of the provisions of Minn. Stat. 414.033. ' Section 2. The property is urban or suburban in character and is in need of City services, which can be provided by the City of Hastings: t . -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. The Ordinance shall become effective upon its passage, seven days after its publication, the filing of the certified copies as directed in Section 4, and upon approval of this Ordinance by the Minnesota Office of Planning. Adopted by the City Council of the City of Hastings, Minnesota this 16th day of July, 2001. Ayes: Nays: Absent: Michael D. Werner, Mayor ATTEST: Melanie Mesko, City Clerk Certification Melanie Mesko, 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 July 16, 200 I. Melanie Mesko, City Clerk (SEAL) t City of Hastings City Council Public. Hearing Notice Notice is hereby given that the City Council of the City of Hastings will conduct a Public Hearing on Monday, July 16, 2001 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 E. 4th Street, to consider the adoption of An Ordinance of the City of Hastings, Extending Its Corporate Limits to Include Certain Land Abutting the City Which is Owned by Edward and Shelly Kranz. All persons interested in commenting on the proposed Ordinance will be given an opportunity to do so at the public hearing. A copy of the Ordinance is available at the Hastings City Hall during normal business hours. .....~t.- , ,. , , STATE OF MINNESOTA DISTRICT COURT' COUNTY OF DAKOTA t FIRST JUDICIAL DISTRlCT '., ------------------------------------------------------- Court File No. Edward Kranz and Shelly Kranz, Petitioners, v. PETITION FOR ANNEXATION City of Hastings, Dakota County; Minnesota. Respondent. ------------------------------------------------------- Pursuant to Minnesota Statutes ~414.033, the undersigned, Edward Kranz and Shelly Kranz, being all of the owners thereof; petition the City Council of the City of Hastings, - Minnesota for annexation of the land described as follows: See attached Legal Description. The basis for such annexation is as follows: 1. The land is urban or suburban in character or is about to become so. 2. The land abuts the Municipality and the area to be annexed is less than 60 acres. 3. The land is not presently served by public sewer facilities and such sewer facilities are Dated: ,. liS , 2001. not otherwise available. Dated: ;-II~/~ ( ,2001. ",t ~ / /&/AlJIIlA/' 3-1/-0 j' ~ Ci), 00. ::s ~ Q) en c :< ~ :DIDIIIIIIIIDIIIIIDDIIIDJ .A. I II' ! II i 1111! i I i Iii 1111 iII!@J. y 2 ~ ~h I UUP ~ ~ f: I III I"pl · t en ~~ b ~ o. ::s ~ -U~ ~~ ~:J g~ ea. o. :J 755 Westview Drive P.O. Box 65 Hastings, MN 55033 TANNER, HAMILTON & ASSOCIATES, EA. 0' Attorneys and Counselors at Law DAVID E. TANNER+ MICHAEL G. HAMILTON* TELEPHONE (651) 437-8037 FAX (651) 437-1731 t June 26, 2001 Mayor and City Council City of Hastings, 101 E. 4ili ~treet ' Hastings, ~N 55033 RE: Annexation Ordinance by Edward ~nd Shelly Kranz Dear Mayor arid Council: Our office represents Nininger Township. The Clerk of the Township was served with a Notice of Public Hearing scheduled for Monday; July 16, 2001, relative to a Petition for Annexation by Edward ~rariz and Shelly Kranz. The p+emise for the Petition is that the land abuts or is contiguous to the City. According to our information the land owned by Edward Kranz and Shelly Kranz is not con~isuous to the City of Hastings. To the east of -the Kranz property is a parcel owned by Thomas Lewanski. North and west of the Kranz property is agricultural property located in Nininger Township. D'irectly west of the house is the cemetery and south of the Kranz property is 140th Street, of which the north half is in the Township and is a Township road. I ~nclose survey and land information obtained from Dakota County showing the subject property. Would you please note this objection for your Hearing and advise me of any action you may take relative to the Petition. Very truly yours, ~'_...,!-, ~_/t~- David E. Tanner DET:kss Enc. File No. 4i18.05 cc:~awnMoynihan Bob Rotty Judy Krupich Mr. and Mrs. Edward Kranz + qualified neutral under Rule 114 of the Minnesota General Rules of Practice * also admitted in Maryland - .@o ~ Legend Reo!. Estate Parcels IS! Parcels m Common, Ownership .Wller /!i R/lfJI, Easement o Dediclled R/lfJI I~.!~.rl.~~.~~. Choose a search method, enter criteria, and dick Go or hit enter key. House #: L... Address: L. .........;11 ;111 mm..! ItJ PIN: too This application was developed by the GIS unit of the Dakota County Survev and Land Information Department in cooperation with Assessing Services, Treasurer - Auditor and ProDertv Records Departments ' ~~ VIII-C-4 t MEMORANDUM TO: FROM: DATE: SUBJEC: Honorable Mayor and City Councilmembers Dave Osberg, City Administrator July 12, 2001 Recreational Fires RECOMMENDED CITY COUNCIL ACTION It is recommended that the City Council take action requesting the Public Safety Committee (Riveness, Hicks, Hazlet) to review the various regulations regarding recreational fires. Backaround City Councilmember Yandrasits requested that this item be placed on the agenda for consideration by the City Council, and that the Public Safety Committee begins to review the various regulations regarding recreational fires. Review by the Public Safety Committee would assist the Staff and ultimately the full City Council in determining if any changes should be considered. I have attached to this memorandum a section of the Fall, 2000 City newsletter which outlines the current regulations regarding recreational fires. ~L~AVI~f7 Tti~ AIV ()~ ~I~I~ ~ . PEN BURNING - is de- I!! 11111: led in Minnesota State Statute 88.01 ~ ~ Lm ~ lbd 23, as "a fire burning, whether con- ntrated or dispersed, which is not contained within a fully closed fire box, structure, or vehicle and from which the Dducts of combustion are emitted directly to the open nosphere without passing through a stack, duct, or chim- y." len burning is not allowed within the corporate limits of : City of Hastings. Any burning, regardless of how or ,ere it occurs, for the purpose of eliminating trash, gar- ~e, construction debris, yard waste and other refuse is :> illegal. :CREATIONAL FIRES However, recreational fires (camp fires) are per- ~ , : mitted, provide~ that all of the following require- ~ ',. ments are met. ~ 1t _ The Fire: Is for recreational or ceremonial purposes; Is a minimum of25 feet from a structure or other combustible material (wood fences, decks, wood- piles and the like); Is contained by a ring or other non-combustible structure to prevent it from spreading; Is no larger than three feet in diameter with flames extending no higher than three feet. Recreational or campfires are not allowed in city parks or other property unless a permanent containment device is in place for that purpose; Permission of the property owner has been ob- tained; Firefighting equipment, such as garden hoses, shov- els, buckets or a fire extinguisher with a minimum rating of 4A is/are available and the fire is constantly attended to by a person knowledgeable in their use(s); Fire Department 115 Fifth Street West Hastings, MN 5~033 Fire Chief: Mark Holmes Non-Emergency: 437-5610 Emergency: 911 . Only clean, uritreated lumber, timber/tree branches, without any leaves or charcoal may ..' be used as fuel; paper may only be used to start the fire; Is :fully extinguished priorto leaving the site, thorougblywet, and the ashes have been stirred to ensure that the fire is out. OUTDOORINCINERATORS& . ..:~t' . PATIO FIREPLACES -: ~ Outdoor incinerators or patio fireplaces =; tl . are increasing in popularity. These devices have a burning chamber which is enclosed on three sides and a short . chimney to route smoke upward. Please keep in mind that sparks and embers may be emitted from the front opening or chimney, therefore placement of these units must be on a masonry or other non-combustible out- door surface and no closer than 10 feet from any struc- ture. Also, al~ other rules for recreational fire rules ap- ply to the use of outdoor incinerators and patio fire- places. 7. 8. ., THINGS TO REMEMBER' 'j : Although recreational fires are legal, they must ,~ t' . .: not be offensive to others. Examples of an ~. offensive recreational fire are smoke, em- 'J. J' bers or odors traveling to a neighboring property. If a legal fire is found to be offensive, a pub- lic nuisance citation may be issued. Remember that your neighbor may have a health problem or other sen- sitivity that causes them to be intolerable to smoke or its odors. If you do decide to have a fire, please play it safe and abide by the above rules. If you have any'questions about recreational fires or fire safety, please call.the Hastings Fire Department at Page 7 - 437-5610. .. . Fall 2000 VIII-C-5 HASTINGS t POLICE DEPARTMENT MEMO TO: Mayor Mike Werner Hastings City Council Members Chief Mike McMenomy II T/ July 10, 2001 Pawn Shop Update FROM: DATE: SUBJECT: The purpose of this memo is to update Mayor and Council Members in regards the compliance efforts made by Old Mill Pawn in regards to the action taken against Old Mill Pawn for previous violations. As Council has previously been advised we had met with Robert Bohn, owner of Old Mill Pawn, two separate times now since the appeal was filed with District Court in regards to the action taken by the Council against Old Mill Pawn and its license. This memo will _ officially advise Council that Old Mill Pawn has upgraded their computer equipment and is in compliance with the ordinance. There have been a very small amount of errors for their reporting and the upgraded system Mr. Bohn implemented at Old Mill Pawn is working very well. Mr. Bohn has also gone back and corrected the previous error logs through January of 2001 as per the Council's resolution to work with our department and correct previous error logs in order to have the penalty action cut in half. Mr. Bohn has met these requirements and I will add has been cooperative and cordial in working with Sgt. Scharfe and I in these meetings, going over the error logs. If Council members have any questions concerning this memo please feel free to contact me. Thank You. t __~~'~f~~ ~1~~~:h~,~;'J!i ;,-:'.:;\" s'~:'. ._~~" "__.. "_ ~.',~ ~.~ ,t '~:"J~~'~ t.(~;p'~~"')~'" ~~,,, J'~'Ilf.:'" - _..nv~Iz.'~ , ~- '\",r'""("~g ~~~l~i~;t~~~~J' u;:~~;;;'~~::~i~:s~~ ~:,:~:~~~~ To: Mayor Werner and City Councilmembere; From: Melanie Mee;ko. Adminie;trative Ae;e;ie;tant/City Clerk Date: July 12.2001 Re: Old Mill PawnShop Licene;e Application-Robert; Bohn Council Action Recmee;ted: . Staff ie; recommending the e;tatue; of the pawn shop license be brought up to date. Staff is recommending the Council retroactively issue a pawnshop Iicen'se to Mr. Bohn for the period of January 1, 2001 - June 30, 2001. All required fees have been paid for that time period. - Staff is also recommending the City Council issue a pawn shop license to Mr. Bohn for the period of July 1, 2001 - June 30, 2002, upon Mr. Bohn paying $1,000 representing ~ of the annual license fee. This payment must be made by July 20, 2001 as required by City Code; the remaining Y2 of the annual license fee will be due January 1, 2002. Back~round: Hastings City Code 5.45 outlines the requirements for a PawnShop license issuance. Per Subdivision 11 (1) of the code, licensees are required to e;ubmit daily reports via computer outlining that day'e; transactions. Additionally, Subdivision 6 e;ets an investigation fee of $1,500.00 (of which up to $1,000 may be returned) and Resolution No. 7-7-99 e;ete; the annual license fee at $2,000.00, to be billed e;emi-annually. As the Council will remember, a hearing wae; held this spring regarding Old Mill Pawn's compliance with the reporting requirements outlined in the City Code and the Hastings Police Department was directed to report regularly to the Council on the pawn shop's compliance. Attached you will find a memo from Police Chief Mike McMenomy outlining the pawn shop's compliance with the City's reporting requirements. Mr. Robert Bohn has submitted the required paperwork for a pawnshop license and has submitted the $1,yOO.oO investigation fee. The Hastings Police Department has conducted the investigation. Lt. Joe Kegley has indicated that a successful background check has been completed. Attachments: Memo from Chief McMenomy Hastings City Code Section 5.45 Application materials on file Cc: Mr. Robert Bohl'1 INFORMATIONAL MEMO t To: Honorable Mayor and City Council Members From: Tom Montgomery Subject: Hwy 52, County Rd. 42 and Hwy 55 Open House Thursday, August 2nd, 4 - 7 PM, Pleasant Hill Library Date: July 12, 2001 An open house has been scheduled for Thursday, August 2nd, from 4 - 7 PM at the Pleasant Hill Library to present information and take comments on proposed Hwy 52, CR 42, and Hwy 55 improvements. I have enclosed a copy ofthe minutes ofthe June 19th study group meeting that includes information on proposed highway realignments. With increasing traffic volumes on Hwy 55, and the lack of distance from the Hwy 55/ Hwy 55 interchange to the new Hwy 52 and 117th S1. interchange, the closing ofthe Hwy 55/Hwy 52 interchange and re-routing Hwy 55 to follow the CR 42 alignment is appearing as the leading option to addressing traffic problems in the study area. TH 52 CSAH 42 TH 55 Project Management Team Project Management Team Meeting # 3 t Meeting Minutes Dakota County Western Service Center June 19,2001 (1:00 PM to 3:00 PM) Present: Kristine Vieth, Dakota County Holly Anderson, Dakota County Pete Sorenson, Dakota County Sherry Narusiewicz, MnDOT Tom Montgomery, City of Hastings Karen Bremer, Nininger Rick Pearson, Rosemount , Mark Bynson, Brent Rusco--SEH 1. Task Discussion and Status of Activities A. Feedback from the open house was discussed. Generally the impressions were positive with good stakeholder input on relevant study issues. A total of 41 individuals signed in at the open house. Seven comment cards were filled out that include comments regarding safety at the TH 52/CSAH 42 interchange, accessibility to land use and the role of CSAH 46 as an east-west connector. Many attending focused on the two study area projects that are farther along in the design development process (117th Street interchange and the TH 55/CSAH 42/CSAH 85 intersection realignment). . B. Sherry Narusiewicz handed out planning guidance for high priority regional corridors (HPRC) dated.5/08/01(attached), TH 55 from TH 52 to Hastings is designated a HPRC and is one of six segments that are not performing at desired targets. It is felt that the current work plan of this study covers most of the planning guidance for HPRCs. SEH is to review the guidance to verify that the current contract covers the planning effort needed. The goal is for the TH 52/CSAH 42!TH 55 Corridor Study to include the TH 55 HPRC guidance needs. C. The traffic forecasts were reviewed including key model assumptions in terms of future improvements on the surrounding roadway system and the lane capacity assignment assumptions under the two TH 55 connection scenarios. A traffic forecast model assumption packet was handed out (attached). D. Two handouts regarding alternatives development and assessment were reviewed (attached). One handout is the 11"x17" screening level evaluation of system alternatives. Consensus is that four options should be retained for further study (A, B, C and F) and that additional analysis will show that Options B and C would likely drop from further consideration. The next public meeting will present this screening process and will show that options A and F are the leading candidates. The second handout is the preliminary conceptual alternatives on aerial base packet. The next generation of these concepts will include more detailed inventory of sensitive areas such as steep slopes, major utilities and future land use patterns. The constrained area between 117th Street and TH 55 is a specific area that will be assessed in greater detail. More detailed asses&ment and development of access management features will be dev~loped based on current access guidelines. The elimination/consolidation of one of the proposed full access along CSAH 42 west of TH 55 will be specifically investigated. E. The Missifsippi River Critical Area was discussed. Steep slopes/slope stability in the area will De a constraint in the development of support roadways. Land use in this area includes barge-loading facilities that are probably not compatible with the implementation of public roadway facilities. Property owner preference is to keep these areas as separated! secured from the public as possible. F. The master mailing list will be updated to include the sign in sheet from the open hou~e (done). G. Critical Deliverable/Schedule Issues Next PMT Send out meeting notice/flyer Open House July 17,2001 1-3 PM July 19, 2Q01 August 2,2001 4-7PM Dak. County Room 334 Pleasant Hills Library N :\1 project\a-e\dakot\O 1 03.00\meetings\6-19pmtminutes.doc PLANNING GUIDANCE FOR HIGH PRlORlTY REGIONAL CORRIDORS (5/08/01) As part of the updat). of the Statewide Transportation Plan to be completed by January 2003, guidance will be developed for conducting Corrielor Management Plans on High Priority Regional Corridors (HPRC) (as defined in the Interregional Corridor Study). However, because of development pJ;essures along several HPRC's, especially those radiating out from the Twin Cities, guidance clarification is needed. General planning guidance is provided in the IRC "Guide for Plan Development and. Corridor Management". Table 2, "Corridor Management Plan Checklist" identifies the level of planning effort (see attachment). Most HPRC's will use the low level of planning effort, however, a selected number ofHPRC's may wish to use the components under the mid-level of planning effort. * The specific planning activities are driven by some of the following questions. These questions are grouped in the following categories: Performance, Function, Jurisdiction, Land Use/Access .Management and Funding.. PERFORMANCE: Does this corridor function at the HPRC target of 50 miles per hour in the peak period? Does the corridor meet current pavement and bridge performance targets? Safety: Does corridor have high crash intersections or segment that need improvement? - Are these performance targets appropriate for this corridor? What modal issues are there in this corridor? FUNCTION: What is the functional classification of this corridor? Is it the appropriate functional classification? Does it serve local, regional, or statewide trips? What types of trips (ie. commuters) use this corridor? Are there other options to this corridor? Parallel routes? Alternate routes within this corridor? What are the average trip lengths? What Regional Trade Centers are we trying to COImect to the T. C. Metro area? JURISDICTION: Who owns this route/corridor today? Who should own this route in ~he future? Does this route pass through more than one MnlDOT DistrictlMetro Division? LAND USE/ACCESS MANAGEMENT: How fast is development progressing in this corridor? What Access Management Category is this route assigned to? What is being done to manage the development? By MnI))OT? By locals? Is there consistency in vision and improvement plans between the districts/metro? What are the Local Units of Gov. doing to manage access, etc.? TABLE 1 t REGIONAL TRAFFIC MODEL ASSillv1PTIONS Roadway Segment Existing (2000) Current New alignment alignment (2025) . (2025) TH 55 connection 2-lane Highway 2-lane Higliway 2-lane Local (CSAH 42-TH52) Road CSAH 42 (Hastings- 2-lane Highway i-lane Highway 4-lane Highway West ofTH 52) TH 61 Bridge in Hastings 2-lane Highway 4-lane Highway 4-lane Highway TH 61 (l-494-Hastings) Mixed Facility 4-lane Freeway 4-lane Freeway (Freeway/Arterial) 117th Street - 2-lane Local 2-lane Local Roadway ~ Roadway 160th StreetlCSAH 46 2-lane Local Road 2-lane Highway 2-lane Highway (TH52-TH3) The 2025 forecasts show similar or higher values then Dakota County Transportation Plan forecasts for most roadway segments. A notable difference is the 2025 forecast at the TH 61 Bridge in Hastings, which is 11,??oo vpd higher than that of Dakota County's. This difference is due to the TH 61 Bridge capacity expansion that has been assumed in this forecast, based on the Metropolitan Council's Regional Policy Plan (January 24, 2001). As a result, most of the growth in the Hastings area will utilize the expanded TH 61 Bridge to commute to the Twin Cities. Specifically, traffic at the TH 61 Bridge is expected to grow by 19,000 vpd (67% above existing). At the same time traffic along TH 55 (east of CR 86) is expected to grow by 6,000 vpd (43% above existing). TH 52 (between CSAH 42 and current TH 55) is expected to grow by 15,000 vpd (51 % above existing) in the "With TH 55 Connection" case, and 22,000 (76% above existing) vpd in the "Without TH 55 Connection" case. The difference reflects the number of vehicles rerouted due to the new alignment ofTH 55. The traffic forecast analysis show that the realignment ofTH 55 to the CSAH 42 aligninent will result in a shift of approximately 7,000 vehicles from the present alignment of TH 55 to the CSAH 42 alignment. Approximately 4000 vpd will remain on the old segment of TH 55, which will be used as a frontage road for local business. This frontage road will connect to the new 117th Street interchange. Printed 06119/01 TABLE 1. REGIONAL TRAFFIC MODEL ASSUMPTIONS t Roadway Segment Existing (2000) Current TH 55 New TH 55 Alignm~nt (2025) Alignment (2025) TH 55 Connection (TH 52 2-lane Highway 2-lane Highway 2-lane Local Road - CSAH 42) . CSAH 42 (TH 52 - TH 55) 2-lane Highway 2-lane Highway 4-lane Highway CSAH 42 & TH 55 2-lane Highway 2-lane Highway' 4-lane Highway Commons CSAH 42 (East of TH 55) 2-lane Highway 2-lane Highway 2-lane Highway TH 55 (CSAH 42 - 2-lane Highway 2-lane Highway 4-lane Highway Hastings limit) TH 61 Bridge in Hastings 2-lane Highway 4-lane Highway 4-lane Highway TH 61 (1-494 - Hastings) Mixed Facility 4-lane Freeway 4-lane Freeway (Freeway/Arterial) 117th Street - - 2-lane Local Road 2-lane Local Road 160tn Street/CSAH 46 (TH 2-lane Local Road 2.;.lane Highway 2-lane Highway 52 - TH 3) . Source: SRF Consulting Group, Inc. TABLE 2. ESTIMATED TRAVEL TIME Between a point one mile east of TH 55/CSAH 42 intersection (West) and one mile North of TH 55fTH 52 interchange. Assumptions include 4-lane CSAH 42 and realigned 42/55 intersection. 2025 AM Peak Hour 2025 PfV1 Peak Hour Via TH 55 Via CSAH .42 Via TH 55 Via CSAH 42 Westbound 5.2min 6.8min 5.2min 6.9min Eastbound 5.5min 7.1 min 5.4min 7.1 min Short Elliott Hendrickson Inc. tranplan assumptions & travel time.qoc .' '. l..~ 7 \ T "i;' I' I J7 \..l! l~.Il ^ t;' \ ii--..l V 'O"s.:! l H " . L...Ll ~, I:l ~ 0/ ....... " \ 1- I~ . ,. ~..., .... ...... .. )-- ~}v"<'-""". " -.:t.. 'Jr., ..,.. l:t ."_' I- LO" . 1.t:(S ~ r:7\ ~A ,. ~o/c Ii> Vi. II' r~11 '4/!:di' L iR\_ .' _ ~ /-. ~f'~:' .~- ,;01". ] ~ r~l~ ~_ <D '. c.,. ... ._... -'-. <. ~ .... .; '. C\l '- '-r . Q? . F ;': < to ." -' L . ,.~ ' j.' ..... ;'id ... J:<,r '-~-'- t - . N ~. '\ ~ ~ (,"~'~:"l.\ " . J -~l f'.... ". ., - . -'- s;: -. .,. '. ., , l..-I...1.. - ,..' 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I C'l trl trl ~ ;;lTmI-lli7 HVSJ ;;llmI-tlt HVSJ " " e l! o e " 11 'e i Co - .a " ~ oJ .~ ~ :g " ;i'~ ] .g~~ .~ ~ ~ g a :J g ~! .s..3..8 ",U'o TH 52/I'H 551CSA!f 12 ~~aI ~(\ ~~., ~...;::.... ~ystem AlternatLves _~~~~ _ Concept F: SCALE (FEET) ~ tf Courthouse Blvd. 2-lane & 1600 0 ....,. ~, TH 5fYCSAH 42 4-lane ......--- ~ OF Tt~~ (TH 55 closure and reroute) scote I II ~AI , VI _ _ fe~:_.... J ! us TH 52TH 55/CSAH 42 a;e"aI "....,:'; ~l\'f> _o~~~ System___!~.!t~C'!.~tiv!s ~_~~~~~ ; ; E Concept C: SCALE tFEEll i "". .l TH 55 4-lane & 16:"-_~ ,. OF T'''''' CSAH 42 2-lane scol. I I' I ~al t..t VJ -......~ ..- ..-. .,~ --~.. ;Y_"l'.,~ Il\",ul..>;HSy~~~~J/;f~~~~2 ~saJ , ;. :: Conc~t A. SCAlE (FEET> I ~ ~ T'H 5 & 1500 0 'I "'.,. ~, ............-- ,I J' OF nt.... CSAIf 42 2-lane scolc ,.,' ..,,~.<I' '- ~ ~ .... .. .~. _... ,._. )1'1 ~AI feet V I no _" "_,"'_ --3 TH 52/I'H 551CSAH 9:2 ~~eu ,.,'#.\\E8o..., System Alternatives ~..;;JIg, ~ (b} -'---;~c;~c0z"E::--'--~6-~O --- -:-C~LE OIFEET-:- ~ ~~ AH l ......- - ~}' ~..... CS 42 4- ane ,- OF i"" (TH 55 connection remains) sca. II ~"a I '~'!J