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Home My WebLink About20231218 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, December 18, 2023 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Recognition of Milestone Employees 5 Years 15 Years Sam Beuch Matthew Schlafer Ashley DeBernardi David Bauer Joe Cysiewski Kyle Linscheid Jason Krummel Megan Schlei 20 Years Jacob Willers Chris Paulson Nicholas Cross Daniel Vomastek 25 Years Ryan Ernst Jeff Elliot Penne Schuldt 10 Years Mary Cofer Chris Jenkins Tim Tessier Chris Nelson Matt Hedrick 30 Years Lauren Foss Sandra Boesl Ryan McGraw Dean Suchy Joe Spagnoletti Recognition of Outgoing Commissioners Dolores Pemble, Public Safety Advisory Commission Joe Becker, Arts & Culture Commission Kirk Skeba, Arts & Culture Commission Deirdre McGinn, Arts & Culture Commission Dakota County Update, Commissioner Mike Slavik V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on December 4, 2023. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Accept Donation to the Hastings Fire Department from Glen and Linda McNamara 3. Resolution: Accept Donation to the Parks and Recreation Department from the Mishkee and Sigfridson Families 4. Approve ATV Permit Application for Chase Brown 5. Resolution: Approve Massage Therapist Renewals 6. Resolution: Approve Commercial Waste Hauler Renewals 7. Reappoint Public Safety Advisory Commissioners Gary Stevens, Theresa Auge`, Mary Nehring, and E. John Gunter 8. Reappoint Parks and Recreation Commissioner Craig Santelman 9. Reappoint HEDRA Commissioner Ben Anderson 10. Reappoint Planning Commissioners Gino Messina, Chris Teiken, Bryce LeBrun, and Melissa McGrath 11. Appoint Planning Commissioner Rachel Swedin 12. Reappoint Heritage Preservation Commissioners Cindy Toppin, Maggie McCoy, and Mark Borchardt 13. Reappoint Arts & Culture Commissioners Barb Hollenbeck and Steven Read 14. Reappoint Charter Commissioners Connie Blasing, Dolores Pemble, Josh Salzman, and Marty Weber 15. Authorize Signature: 1st Amendment – Agreement for Professional Services – Dunn Solutions 16. Resolution: 1st Amendment to Purchase Agreement - Northern State Services LLC – (Spiral and Glendale) 17. 1st Reading: Ordinance Amendment: City Code Chapters 110.20 and 115 – Mobile Food Units 18. 2nd Reading\Adopt Ordinance: Cannabis and Hemp a. Chapter 117.09 – Cannabis Businesses – Prohibited Acts b. Chapter 155.07 – Zoning Ordinance – Special Provisions 19. Approve 2024-2025 Labor Agreement with Law Enforcement Labor Services, Inc. (LELS) Local No. 249 (Police Officers) 20. 2024 Committee Meeting Schedule 21. 2024 Commission Meeting Schedule 22. Approve Pay Estimate No. 1 for the 2023 Sanitary Sewer Lining Program – Musson Bros. Inc. ($351,058.49) IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Authorize Signature: Professional Services Agreement with WSB LLC for the PFAS WTPs & Interconnect Project Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. 2nd Reading\Adopt Ordinance: Amend City Code - Mississippi River Critical Corridor Area (MRCCA) a. Chapter 152A – MRCCA Ordinance b. Chapter 155.01 – Zoning Districts c. Chapter 155.08 – Weeds and Grasses d. Chapter 158.04 – Property Maintenance e. Chapter 90.05 – Grass, Weeds, and Trees f. Chapter 95.21 – Public Nuisances Affecting Health D. Public Safety E. Administration 1. 2nd Reading/Adopt Ordinance: City Code Chapter 34.03 – Fee Schedule XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Tuesday, January 2, 2024 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes December 4, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 4, 2023 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Fox, Haus, Lawrence, Leifeld, and Pemble Members Absent: Councilmember Folch Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Kori Land Community Development Director John Hinzman Finance Manager Chris Eitemiller Assistant Finance Manager Ashley DeBernardi Promotions: Joe Cysiewski New Employees: Lonnie Johnson Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council regular meeting on November 20, 2023. Minutes were approved as presented. Consent Agenda Councilmember Leifeld motioned to approve the Consent Agenda as presented, seconded by Councilmember Pemble. 6 Ayes, 0 Nays. 1. Pay Bills as Audited 2. Resolution No. 12-01-23: Accept Donation to the Parks and Recreation Department from the Flynn Family 3. Resolution No. 12-02-23: Approve New Massage Therapist Application for Tanya Meisner 4. 1st Reading: Amend City Code Mississippi River Critical Corridor Area (MRCCA) a. Chapter 152A – MRCCA Ordinance b. Chapter 155.01 – Zoning Districts c. Chapter 155.08 – Weeds and Grasses d. Chapter 158.04 – Property Maintenance e. Chapter 90.05 – Grass, Weeds, and Trees f. Chapter 95.21 – Public Nuisances Affecting Health 5. 1st Reading: Amend City Code - Cannabis and Hemp a. Chapter 117.09 – Cannabis Businesses – Prohibited Acts b. Chapter 155.07 – Zoning Ordinance – Special Provisions Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 6. Approve 2024-2026 Labor Agreement with Law Enforcement Labor Services, Inc. (LELS) Local No. 462 (Police Sergeants) 7. Approve Community Investment Fund for HYAA 8. Approve Collection Rate Increase for Tennis Sanitation 9. Authorize Signature: Grant Agreement for Drinking Water Planning & Design Funds for PFAS Treatment 10. Resolution No. 12-03-23: Authorizing Application for MCES 2024 Private Property I & I Grant 11. Resolution No. 12-04-23: Adopting Polling Locations for 2024 Elections 12. Declare Surplus Property and Authorize for Public Sale – Police Department 13. Community Waste Abatement 2024 Grant Agreement Public Hearing: Truth in Taxation for 2024 Budget Eitemiller presented the Truth in Taxation information as a requirement for adoption of the 2024 Budget. Eitemiller noted that this presentation is not to address valuation of property as he has received some calls and has redirected questions to Dakota County. He presented the budget principles, the budget process, changes since the September 18 preliminary budget and levy, budget highlights for 2024, capital improvement and capital equipment priorities, utilities rate and capital project overview, carryover projects. Additionally, he identified the changes in the budget since initial proposal as well as a review of what is in the budget for 2024. Eitemiller presented the preliminary tax impact of the proposed levy and a comparison to other Dakota County residential and commercial tax changes. He also reviewed the HEDRA levy. Mayor Fasbender opened the public hearing at: 7:21 p.m. Mayor Fasbender closed the public hearing at: 7:22 p.m. Council discussion on gratitude to staff for putting together a balanced budget proposal and citywide participation in the entire process. Authorize Distribution: Environmental Assessment Worksheet (EAW) – Walden at Hastings (TH 316 & Michael Ave) Hinzman provided an overview of the request to authorize distribution of the Environmental Assessment Worksheet (EAW) for the potential development of Walden at Hastings, a 511-unit residential housing development. Hinzman indicated authorization is limited to distribution of the EAW for public comment, sharing Council will evaluate findings along with public comment at a later date. Hinzman shared the EAW does not authorize approval of the development and separate applications for land use would be considered after the EAW. Council discussion on stakeholder engagement following the distribution of the Environmental Assessment Worksheet. Hinzman indicated the EAW would be sent to a number of agencies and available to the public for comment. Hinzman shared comments would be presented to Council at a later meeting along with staff comments. At that time, Council will need to determine if the EAW is adequate or if additional assessments are necessary. Hinzman clarified the process for the project following the determination. Council discussion on the history of the land and the process to this point. Hinzman clarified the process of development and its relationship to the comprehensive plan. Councilmember Fox motioned to approve as presented, seconded by Councilmember Haus. 6 Ayes, 0 Nays. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 2024 Budget: a. Resolution No. 12-05-23: Approve 2024 Final Budget and Final Levy Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. b. Resolution No. 12-06-23: Approve the 2024 Special Levy Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. c. Resolution No. 12-07-23: Approve the 2024 – 2028 Capital Improvement and Capital Equipment Plans Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. d. 1st Reading: Amend City Code Chapter 34: Fees Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. Announcements • Enjoy CPKC Holiday Train and free holiday concert by Tenille Townes & Breland on Saturday, December 9. Please bring food or monetary donation for Hastings Family Service. • Hastings Police Department and City Hall are drop-off locations for Toys For Tots. Please bring new, unwrapped toys by December 15. • City Offices will be closed from 11 to 1 on Tuesday, December 12, for the City employee holiday party and staff recognition. • Recycle your old lights with the Hastings Holiday Lights Drop Off Collection. Residents can drop-off their unwanted light strands at the Joint Maintenance Facility, 920 – 10th Street West, during the holiday season from November 13 to January 31. • Happy Birthday this week to Mayor Mary Fasbender! Meetings • Operations Committee Meeting on Monday, December 11, 2023 at 7:00 p.m. • Planning Commission Meeting on Monday, December 11, 2023 at 7:00 p.m. – Cancelled • Arts & Culture Commission Meeting on Wednesday, December 13, 2023 at 6:00 p.m. • HEDRA Meeting on Thursday, December 14, 2023 at 6:00 p.m. • City Council Regular Meeting on Monday, December 18, 2023 at 7:00 p.m. Councilmember Pemble motioned to adjourn the meeting at 7:34 PM, seconded by Councilmember Haus. Ayes 6; Nays 0. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Ashley Bertrand – Assistant Finance Manager Date: 12/14/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of November 2023 CenterPoint, Xcel, Wex, Health Insurance payments. Council review of weekly routine disbursements issued 12/12/2023. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 12/19/2023. Background Information: Disbursements for routine items are made weekly. Disbursements for capital purchases and employee reimbursements are made twice a month, subsequent to Council approval. Financial Impact: November 2023 Centerpoint Payment $ 2,536.57 November 2023 Xcel Payment $ 41,082.94 November 2023 Wex Admin Fee Payment $ 297.00 November 2023 Health Ins Payment $ 173,353.83 Disbursement Checks, Hedra & EFT issued on 12/12/2023 $ 350,711.60 Disbursement Checks, Hedra & EFT to be issued on 12/19/2023 $ 178,826.79 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Dept.Account Amount Police 101-140-1403-6345 66.87 City Hall 101-140-1404-6345 153.16 City Storage 101-140-1407-6345 65.00 Alt Learning Ctr 101-401-4143-6345 32.06 Parks 200-401-4440-6345 61.07 Jt Maint 200-401-4447-6345 73.52 Pool 201-401-4240-6345 906.18 Fire 213-210-2100-6345 123.16 Le Duc 220-450-4160-6345 65.00 Water 600-300-3300-6345 112.72 Water 600-300-3302-6345 53.55 Garage 601-300-3400-6345 52.72 Arena 615-401-4103-6345 771.56 TOTAL 2,536.57 CENTERPOINT ENERGY November Payment VIII-01 Account Amount Date Paid Account 51-6960208-0 1,558.74 8-Nov 101-140-1404-6343 51-8110141-1 109.04 13-Nov 101-140-1407-6343 51-6960219-3 61.46 8-Nov 101-201-2016-6343 51-6960210-4 162.84 8-Nov 101-300-3100-6343 51-6960210-4 814.17 8-Nov 101-301-3200-6343 51-0011278454-9 78.44 9-Nov 101-302-3201-6343 51-0263715-0 472.11 14-Nov 101-302-3201-6343 51-6960218-2 14,722.95 21-Nov 101-302-3201-6343 51-0011082067-5 311.41 9-Nov 200-401-4440-6343 51-6960220-6 887.66 8-Nov 200-401-4447-6343 51-6960214-8 1,159.02 8-Nov 213-210-2100-6343 51-7216831-9 528.85 8-Nov 220-450-4160-6343 51-6960216-0 12,784.42 29-Sep 600-300-3300-6343 51-6960210-4 651.34 8-Nov 600-300-3300-6343 51-6960216-0 5,363.23 29-Sep 600-300-3302-6343 51-6960217-1 1,417.26 8-Nov 601-300-3400-6343 TOTAL 41,082.94 XCEL AUTOMATIC PAYMENTS November 2023 Payments VIII-01 Account Description Account Amount Employer Paid HRA/HSA Admin Fee - Administration 101-105-1051-6131 5.50 Employer Paid HRA/HSA Admin Fee - City Clerk 101-107-1071-6131 10.59 Employer Paid HRA/HSA Admin Fee - Finance 101-120-1201-6131 16.50 Employer Paid HRA/HSA Admin Fee - Planning 101-150-1501-6131 2.75 Employer Paid HRA/HSA Admin Fee - IT 101-160-1601-6131 5.50 Employer Paid HRA/HSA Admin Fee - Police 101-201-2010-6131 96.25 Employer Paid HRA/HSA Admin Fee -Building Safety 101-230-2301-6131 11.00 Employer Paid HRA/HSA Admin Fee-Code Enforcement 101-230-2302-6131 2.75 Employer Paid HRA/HSA Admin Fee - Engineering 101-300-3100-6131 6.46 Employer Paid HRA/HSA Admin Fee - Streets 101-301-3200-6131 12.10 Employer Paid HRA/HSA Admin Fee - Parks 200-401-4440-6131 27.50 Employer Paid HRA/HSA Admin Fee - Cable 205-420-4201-6131 0.41 Employer Paid HRA/HSA Admin Fee - Historical 210-170-1702-6131 0.69 Employer Paid HRA/HSA Admin Fee - Fire 213-210-2100-6131 11.00 Employer Paid HRA/HSA Admin Fee - Ambulance 213-220-2200-6131 46.75 Employer Paid HRA/HSA Admin Fee - Econ. Develop.407-180-6003-6131 4.81 Employer Paid HRA/HSA Admin Fee - Water 600-300-3300-6131 12.65 Employer Paid HRA/HSA Admin Fee - Wastewater 601-300-3400-6131 8.94 Employer Paid HRA/HSA Admin Fee - Storm Water 603-300-3600-6131 7.98 Employer Paid HRA/HSA Admin Fee - Arena 615-401-4103-6131 5.50 Employer Paid HRA/HSA Admin Fee - Hydro 620-300-3500-6131 1.38 TOTAL 297.00 WEX Admin Fees November Payment VIII-01 ACCOUNT DESCRIPTION ACCOUNT #AMOUNT Medical Insurance Withholding 101-000-0000-2185 15,525.39 COBRA Paid Insurance 101-000-0000-2185 6,870.20 Employer Paid Health Ins. - Administration 101-105-1051-6131 723.81 Employer Paid Health Ins. - Communications 101-107-1061-6131 1,378.53 Employer Paid Health Ins. - City Clerk 101-107-1071-6131 2,329.83 Employer Paid Health Ins. - Finance 101-120-1201-6131 4,849.63 Employer Paid Health Ins. - Maintenance 101-140-1401-6131 1,695.27 Employer Paid Health Ins. - Planning 101-150-1501-6131 992.67 Employer Paid Health Ins. - IT 101-160-1601-6131 3,777.41 Employer Paid Health Ins. - Police 101-201-2010-6131 36,851.04 Employer Paid Health Ins. -Building Safety 101-230-2301-6131 5,027.09 Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 1,621.80 Employer Paid Health Ins. - Engineering 101-300-3100-6131 2,249.73 Employer Paid Health Ins. - Streets 101-301-3200-6131 3,628.89 Medical Insurance Withholding 200-000-0000-2185 2,085.18 Employer Paid Health Ins. - Parks 200-401-4440-6131 11,067.70 Medical Insurance Withholding 205-000-0000-2185 104.26 Employer Paid Health Ins. - Cable 205-420-4201-6131 243.27 Employer Paid Health Ins. --Heritage 210-170-1702-6131 180.95 Medical Insurance Withholding 213-000-0000-2185 4,747.63 Employer Paid Health Ins. - Fire 213-210-2100-6131 4,208.31 Employer Paid Health Ins. - Ambulance 213-220-2200-6131 17,188.48 Medical Insurance Withholding 220-000-0000-2185 128.22 Employer Paid Health Ins. - Leduc 220-450-4160-6131 299.16 Medical Insurance Withholding 407-000-0000-2185 578.33 Employer Paid Health Ins. - Econ. Dev.407-180-6003-6131 2,073.24 Medical Insurance Withholding 600-000-0000-2185 290.60 Employer Paid Health Ins. - Water 600-300-3300-6131 4,775.03 Medical Insurance Withholding 601-000-0000-2185 282.08 Employer Paid Health Ins. - Wastewater 601-300-3400-6131 3,454.43 Medical Insurance Withholding 603-000-0000-2185 629.62 Employer Paid Health Ins. - Storm Water 603-300-3600-6131 3,433.26 Medical Insurance Withholding 615-000-0000-2185 695.06 Employer Paid Health Ins. - Arena 615-401-4103-6131 2,424.81 Medical Insurance Withholding 620-000-0000-2185 0.00 Employer Paid Heatlh Ins. - Hydro 620-300-3500-6131 402.30 Employer Paid Health.Ins. - Retirees 701-600-6002-6131 26,540.62 TOTAL 173,353.83 Health Insurance Payment 23-Nov VIII-01 12-07-2023 01:01 PM Council Report DECEMBER 12TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER SAC DEFERRAL DEC23 LIGHTBO 443.09 NOVEMBER SAC 9,840.60_ TOTAL: 10,283.69 ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 22.10 GRAPHIC DESIGN SELF-INKING STAMP 31.90 #10 SECURITY ENVELOPES 402.99 BONDING BILL FACT SHEETS 127.00 METRO AREA MNGR ASSN. WIETECHA 2024 MEMBERSHIP D 45.00_ TOTAL: 628.99 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 14.19 JAN 2024 LTD PREMIUM 49.20_ TOTAL: 63.39 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 67.34_ TOTAL: 67.34 LEGAL GENERAL RATWIK, ROSZAK & MALONEY, P.A. PROFESSIONAL FEES AS OF 10 309.60 CAMPBELL KNUTSON, P.A. NOV 23 LEGAL FEES 10,054.42_ TOTAL: 10,364.02 FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 13.31 TROPHIES PLUS F.D. SIGNS 200.00 ELECTRO WATCHMAN, INC RENEW ANNUAL ACSP & S2 SUP 339.30 RENEW ANNUAL ACSP & S2 SUP 339.30 ACCESS CONTROL SERVICE PLA 625.00 ACCESS CONTROL SERVICE PLA 625.00 TERRYS HARDWARE, INC. F.D. JACK CHAIN 10.68 TRANE PARTS CENTER C.H. AC SERVICE CONTRACT 1,650.50 VIKING AUTOMATIC SPRINKLER C.H. SPRINKLER SYSTEM WORK 9,575.00_ TOTAL: 13,378.09 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 19.89_ TOTAL: 19.89 I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE OCT-23 819.88 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 53.91_ TOTAL: 873.79 POLICE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 664.64 MARIE RIDGEWAY LICSW LLC EMPLOYEE THERAPY SESSION 160.00 GUARDIAN SUPPLY LLC TASER HOLSTER FOR PATROL 72.59 HOLIDAY STATIONSTORES LLC NOVEMBER 2023 CAR WASHES - 78.00 DAKOTA 911 DCC FEE 2024 JAN 31,941.00 DAKOTA ELECTRIC ASSN ELECTRIC 17.95_ TOTAL: 32,934.18 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 92.67 JAN 2024 LTD PREMIUM 15.22 KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 2,040.80 GRAPHIC DESIGN BUILDING INSPECTION LABELS 118.00_ TOTAL: 2,266.69 PUBLIC WORKS GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 29.12 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 43.91 VIII-01 12-07-2023 01:01 PM Council Report DECEMBER 12TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 73.03 PUBLIC WORKS STREETS GENERAL TOWMASTER FLOOR MATS 285.15 PRECISE MOBILE RESOURCE MGMT. LLC DATA PLANS 150.00 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 73.18 HOMETOWN ACE HARDWARE MARKERS, FASTENERS 29.71 BOYER FORD TRUCKS/DBA TRANSWEST TRUCK FILTERS, WHEEL GUARDS 135.52 FORCE AMERICA KEY FOB 77.75 KEY FOB 62.00 TERRYS HARDWARE, INC. STEP LADDER 236.79_ TOTAL: 1,050.10 PUBLIC WORKS STR. LIGH GENERAL HOMETOWN ACE HARDWARE TAPE 6.46_ TOTAL: 6.46 PARKS & RECREATION GENERAL RAINBOW TREECARE BLVD TREE PROTECT/TREAT 20 4,125.25_ TOTAL: 4,125.25 PARKS & RECREATION PARKS SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 160.23 JJ LAWNSCAPE VETS IRRIGATION REPAIRS 1,760.73 PLAISTED COMPANIES, INC. TOP DRESS MATERIAL - VETS 3,033.45_ TOTAL: 4,954.41 PARKS & RECREATION AQUATIC CENTER HOMETOWN ACE HARDWARE BATTERY POWERED BLOWER 179.10_ TOTAL: 179.10 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 2.50_ TOTAL: 2.50 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 4.80_ TOTAL: 4.80 FIRE FIRE & AMBULANCE IMAGE TREND, INC. PHASE 2 MONTHLY HOSTING 289.82 SERVICE BRIDGE 675.00 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 62.11 DAKOTA 911 DCC FEE 2024 JAN 15,970.00 HASTINGS VEHICLE REGIS. REGISTRATION TABS-21 CHEV 15.25 MACQUEEN EQUIPMENT, INC. GLOBE FF BOOTS 590.75 MN FIRE SERVICE CERT.BRD FAO CERT FOR KAITLIN NEWMA 152.25_ TOTAL: 17,755.18 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 238.04 EXPERT BILLING, LLC OCTOBER REVENUE 795.74 DIGITECH COMPUTER LLC OCTOBER 2023 REVENUE 7,042.02 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 295.07 MEDICAL SUPPLIES 167.05 LINDE GAS & EQUIPMENT INC. OXYGEN 168.38 OXYGEN 646.45 OXYGEN 188.18_ TOTAL: 9,540.93 LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 2.35 DAKOTA COUNTY HISTORICAL SOCIETY COMM INVEST FUND - LEDUC F 3,750.00 COMM INVEST FUND - LEDUC F 3,750.00_ TOTAL: 7,502.35 VIII-01 12-07-2023 01:01 PM Council Report DECEMBER 12TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PARKS & RECREATION PARKS CAPITAL PROJ AMERICAN ENGINEERING TESTING INC ISABEL PARK TESTING 1,247.50_ TOTAL: 1,247.50 ECONOMIC DEVELOPMENT HEDRA STANTEC CONSULTING SERVICES INC. PROJECT CLOSEOUT REPORT 3,605.00 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 32.94_ TOTAL: 3,637.94 NON-DEPARTMENTAL WATER MN DEPARTMENT OF HEALTH MN TESTING FEE - 4TH QTR 18,285.00_ TOTAL: 18,285.00 PUBLIC WORKS WATER SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 75.34 HOMETOWN ACE HARDWARE BATTERY 10.79 CORE & MAIN LP METER/MXU INSTALLS (AMI) 22,384.96 METER/MXU INSTALL CREDITS 732.08- METER/MXU INSTALL CREDITS 1,015.79- METER INSTALL (AMI) 210.53 COUPLINGS, NUTS, PLUGS, OI 672.02 LARKIN HOFFMAN DALY & LINDGREN, LTD PROF SERVICES THROUGH 10-3 488.00 DAKOTA ELECTRIC ASSN ELECTRIC 58.42 GOPHER STATE ONE-CALL INC LOCATES - NOVEMBER 244.35 GRAPHIC DESIGN UTILITY BILLING STATEMENTS 263.34 UTILITY BILLING STATEMENTS 1,327.30 VALLEY SALES OF HASTINGS BATTERY 161.00_ TOTAL: 24,148.18 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 53.77 DRAIN BLASTER BILLS, LLC 2023 SANITARY SEWER LINING 400.00 DAKOTA ELECTRIC ASSN ELECTRIC 175.06 ELECTRIC 82.51 GRAPHIC DESIGN UTILITY BILLING STATEMENTS 263.33 MCES WASTEWATER SERVICES- JAN 2 148,748.96_ TOTAL: 149,723.63 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 55.84 GRAPHIC DESIGN UTILITY BILLING STATEMENTS 263.33_ TOTAL: 319.17 PARKS & RECREATION ARENA MIDWEST ELECTRICAL CONSTRUCTION REPAIRED LIGHT FIXTURE 250.00 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 33.00 LIKES' LANDSCAPES LLC RETAINING WALL 34,985.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 532.97 CONCESSION SUPPLIES 1,203.34 TERRYS HARDWARE, INC. PLUMBING PARTS 3.99_ TOTAL: 37,008.30 PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. MONTHLY FEES 220.00 SUN LIFE ASSUANCE COMPANY OF CANADA JAN 2024 LTD PREMIUM 6.68 VIII-01 12-07-2023 01:01 PM Council Report DECEMBER 12TH PYMTS, 2023 PAGE: 4 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER SCHULTE, KEITH US REFUNDS 17.56 KELLY, MICHAEL US REFUNDS 23.46_ TOTAL: 267.70 =============== FUND TOTALS ================ 101 GENERAL 76,134.91 200 PARKS 4,954.41 201 AQUATIC CENTER 179.10 205 CABLE TV 2.50 210 HERITAGE PRESERVATION 4.80 213 FIRE & AMBULANCE 27,296.11 220 LEDUC HISTORIC ESTATE 7,502.35 401 PARKS CAPITAL PROJECTS 1,247.50 407 HEDRA 3,637.94 600 WATER 42,474.20 601 WASTEWATER 149,723.63 603 STORM WATER UTILITY 319.17 615 ARENA 37,008.30 620 HYDRO ELECTRIC 226.68 -------------------------------------------- GRAND TOTAL: 350,711.60 -------------------------------------------- TOTAL PAGES: 4 VIII-01 12-14-2023 08:49 AM Council Report DECEMBER 19TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 222.94 DEC 2023 VISION PREMIUM 18.30_ TOTAL: 241.24 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC MISC OFFICE SUPPLIES - CH 117.46 FOTH INFRASTRUCTURE & ENVIRONMENT, LLC PROF SERVICES THRU 09/29/2 19,722.77 PROF SERVICES THRU 12/01/2 330.30_ TOTAL: 20,170.53 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. RETAINER 2,250.00 CBD ORDINANCE 403.00 EASEMENT FOR MONUMENT SIGN 111.50 MISC. PERSONNEL 232.50 MISC. COMMUNITY DEVELOPMEN 737.50 SPRINT ANTENNA LEASE-W 4TH 108.50 SPRINT ANT LEASE-2500 ENTE 93.00 MISC. PARKS & RECREATION 77.50_ TOTAL: 4,013.50 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. P.D. HEATING ADJUSTMENTS 336.88 C.H. FRESH AIR DAMPER RELA 588.48 C.H. RELAY/HEATING ADJUSTM 774.69 HOMETOWN ACE HARDWARE F.C. THERMOSTATS 54.88 F.C. THERMOSTATS (RETURN) 54.88- KODIAK POWER SYSTEMS GENERATOR SERVICE - F.D. 642.60 GENERATOR SERVICE - P.D. 642.60 LOAD BANKING - F.D. 1,566.00 DALCO C.H. TRASH BAGS - CREDIT 54.95- F.C. TRASH BAGS 42.62 C.H. PAPER TOWELS 230.25 BEAUDRY OIL & PROPANE BOILER TANK INSTALLATION 19,885.00 BACKUP BOILER PROPANE-CH & 2,256.50 W.W. GRAINGER, INC. C.H. HEATING ACTUATORS 343.70 C.H. BATTERIES/HTG ACTUARI 490.30 TERRYS HARDWARE, INC. C.H. AHU BELTS 20.97 F.C. CUT-OFF TOOL & BATTER 289.00_ TOTAL: 28,054.64 I.T. GENERAL MARCO TECHNOLOGIES, LLC UCC LICENSES (5) 345.00 SOFTPHONE SETUP 1,540.00_ TOTAL: 1,885.00 POLICE GENERAL SYMBOLARTS, LLC OFFICER BADGE 1429 125.00 LEXIPOL, LLC 2024 SUBSCRIPTION DUES 5,472.77 CITIZEN OBSERVER, LLC 2024 DUES 2,640.00 ENTERPRISE FM TRUST PD 19 FORD EDGE 2367V4 442.97 PD 22 CHEV EQUI 256D97 409.04 PD CHEV EQUI - 256D9D 398.71 PD 22 CHEV BLAZER 256D9Q 520.24 PD 22 CHEV BLAZER 256D9T 541.29 PD 22 CHEV EQUI 256NDB 398.71 TRI COUNTY LAW ENFORC. ASSN 2024 MEMBERSHIP 90.00_ TOTAL: 11,038.73 BUILDING & INSPECTIONS GENERAL DUNN SOLUTIONS LLC INSP-11/10 MC2023-322 85.00 INSP-11/10 MC2023-323 85.00 VIII-01 12-14-2023 08:49 AM Council Report DECEMBER 19TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ INSP-11/10 MC2023-225 42.50 INSP-11/10 MC2023-224 42.50 INSP-11/10 BP2023-992-REG 127.50 INSP-11/14 BP2023-992-SLAB 127.50 INSP-11/14 BP2023-473-VET 85.00 11/16 BP2023-992-REGINA DO 127.50 11/20 BP2022-1252-REGINA C 85.00 11/20 BP2023-992-REGINA SL 127.50 REV11/22 MC2023-225 127.50 SPEC INSP 12/4-BP2023-992 85.00_ TOTAL: 1,147.50 PUBLIC WORKS GENERAL WSB & ASSOCIATES INC PW EXPERT CONSULTANT 1,320.00_ TOTAL: 1,320.00 PUBLIC WORKS STREETS GENERAL SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 25.00 CITY OF ST PAUL HOT MIX - 9 TON 763.74 SCHUTT, MARK SCHUTT BOOT REIMBURSEMENT 242.24 SAMANTHA SCHMIDTKE SCHMIDTKE POSTAGE REIMBURS 20.18_ TOTAL: 1,051.16 PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 3,020.94_ TOTAL: 3,020.94 PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 DEC 2023 TILDEN COST SHARE 2,500.00_ TOTAL: 2,500.00 NON-DEPARTMENTAL PARKS VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 12.20_ TOTAL: 12.20 PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF RAGS AND MATS 123.58 AA AUTO TECHNICIANS, INC. TIRE CHANGE ON EQUIPMENT 150.00 TIRE PRESSURE SENSOR REPAI 84.74 BAUER BUILT INC TIRES FOR TRACTOR 1,309.98 TIRES FOR SKID 2,192.45 HOMETOWN ACE HARDWARE PROPANE 39.58 TORCH, HEX KEYS, BALL MOUN 206.94 ENTERPRISE FM TRUST PKS 22 FORD F-35 26C7PP 753.40 PKS 22 FORD F-35 26C7PQ 753.40 PKS 22 RAM PROM 277TN7 738.90 HASTINGS DOWNTOWN BUSINESS ASSOC. CIF - 50% REIMB MAYOR TREE 11,024.75 HOTSY MINNESOTA SOAP FOR HOTSY 465.03 CHEMSEARCH 15W40 OIL 1,214.45 GERLACH OUTDOOR POWER EQUIP ZERO TURN BELTS 373.29 W.W. GRAINGER, INC. J.M. 67.20 HASTINGS FORD JET 10.00 JET 10.00 HOISINGTON KOEGLER GROUP TRAIL WAYFINDING PLAN 525.00 MTI DISTRIBUTING COMPANY 2910 HYDRO HOSE 545.95 5910 REPAIR 1,949.41 TERRYS HARDWARE, INC. CABLE TIES 38.48 GLASS CLEANER 34.20 BOLTS FOR HOLDER 2.55 TORCH AND PAINT 47.97_ TOTAL: 22,661.25 VIII-01 12-14-2023 08:49 AM Council Report DECEMBER 19TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL CABLE TV VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 3.12_ TOTAL: 3.12 NON-DEPARTMENTAL FIRE & AMBULANCE VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 76.60_ TOTAL: 76.60 FIRE FIRE & AMBULANCE MACQUEEN EQUIPMENT, INC. ACCOUNTABILITY TAGS 2,443.11 NORTHERN SAFETY TECHNOLOGY REPAIR TO UTILITY VEHICLE 298.00 SOUTH EAST TOWING OF HASTINGS INC TOWING OF STAFF VEHICLE #2 128.00 TERRYS HARDWARE, INC. FORD KEY 2.99_ TOTAL: 2,872.10 AMBULANCE FIRE & AMBULANCE McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 34.26 TELEFLEX LLC MEDICAL SUPPLIES 1,215.50 DANIELS HEALTH HAZ-WASTE COLLECTION 197.30 DIGITECH COMPUTER LLC NOVEMBER 2023 REVENUE 7,166.12 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 41.09 LINDE GAS & EQUIPMENT INC. OXYGEN 182.38_ TOTAL: 8,836.65 LEDUC LEDUC HISTORIC EST TOTAL MECHANICAL SERVICES, INC. L.D HEATED SIDEWALK FLUSH& 1,372.00 W.W. GRAINGER, INC. L.D. 15.48_ TOTAL: 1,387.48 PARKS & RECREATION PARKS CAPITAL PROJ WSB & ASSOCIATES INC HWY 55 TRAIL PROJECT 7,504.50 HOISINGTON KOEGLER GROUP LAKE REBECCA PROJECT MGMT 2,100.00 LAKE REBECCA MASTER PLANNI 8,660.50_ TOTAL: 18,265.00 ECONOMIC DEVELOPMENT HEDRA LEVANDER, GILLEN & MILLER, P.A. PROP SALE-SPIRAL BLVD/GLEN 27.50 HEDRA LOANS 437.25 HEDRA-3000 LIGHTBOURNE COU 1,138.50_ TOTAL: 1,603.25 INVALID DEPARTMENT TIF 9 BLOCK 28 SRF CONSULTING GROUP INC RELOCATION PROJ-BLOCK 28 ( 1,065.48_ TOTAL: 1,065.48 PUBLIC WORKS 2023 IMPROVEMENTS WSB & ASSOCIATES INC 2023-1 NEIGHBORHOOD PROJEC 90.00_ TOTAL: 90.00 NON-DEPARTMENTAL WATER VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 5.70_ TOTAL: 5.70 PUBLIC WORKS WATER WSB & ASSOCIATES INC WATER FUND - PFAS 180.00 IN CONTROL, INC. WELL #4 GROUND FAULT REPAI 962.50 JOE SPAGNOLETTI SPAGNOLETTI BOOT REIMBURSE 175.00 ENTERPRISE FM TRUST PW 22 FORD F-35 26C6D6 667.67 CORE & MAIN LP COUPLINGS 298.63 METER INSTALLS - OCTOBER ( 10,599.04 METER INSTALLS- NOVEMBER ( 1,153.28 LEVANDER, GILLEN & MILLER, P.A. PFAS-WATER TREATMENT FACIL 232.50 KODIAK POWER SYSTEMS TRANSFER SWITCH, LABOR 10,337.66 MCNAMARA WILLIAM MCNAMARA CLOTHING REIMBURS 54.99 MCNAMARA CLOTHING REIMBUR 59.99 CITY OF ST PAUL COLD MIX - 24 TON 2,345.76_ TOTAL: 27,067.02 VIII-01 12-14-2023 08:49 AM Council Report DECEMBER 19TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WASTEWATER VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 5.56_ TOTAL: 5.56 PUBLIC WORKS WASTEWATER WSB & ASSOCIATES INC WASTE WATER FUND 180.00 IN CONTROL, INC. WESTWOOD LS GENERATOR SERV 875.00 ENTERPRISE FM TRUST PW 22 FORD F-35 26C7PN 676.08_ TOTAL: 1,731.08 NON-DEPARTMENTAL STORM WATER UTILIT VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 5.56_ TOTAL: 5.56 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. DEC 2023 VISION PREMIUM 13.04_ TOTAL: 13.04 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 539.70 CONCESSION SUPPLIES, FUEL 1,437.64 CONCESSION SUPPLIES 364.75 HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 39.64 ISG ARENA PLANNING 12,202.50 DALCO JANITORIAL SUPPLIES 773.10 HILLYARD INC CLEANING SUPPLIES 213.36 SYSCO, MINNESOTA CONCESSION SUPPLIES 1,887.77_ TOTAL: 17,458.46 NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. TMOBILE ANTENNA LEASE-W 4T 325.50 AT&T ANTENNA LEASE-W 4TH S 279.00 SOUTH OAKS 4TH ADDITION 501.75 WALLIN DEVELOPMENT 117.75_ TOTAL: 1,224.00 =============== FUND TOTALS ================ 101 GENERAL 74,443.24 200 PARKS 22,673.45 205 CABLE TV 3.12 213 FIRE & AMBULANCE 11,785.35 220 LEDUC HISTORIC ESTATE 1,387.48 401 PARKS CAPITAL PROJECTS 18,265.00 407 HEDRA 1,603.25 413 TIF 9 BLOCK 28 1,065.48 483 2023 IMPROVEMENTS 90.00 600 WATER 27,072.72 601 WASTEWATER 1,736.64 603 STORM WATER UTILITY 5.56 615 ARENA 17,471.50 807 ESCROW - DEV/ENG/TIF-HRA 1,224.00 -------------------------------------------- GRAND TOTAL: 178,826.79 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum Council Action Requested: Council is asked to accept a donation in the amount of $50.00, made to the fire department, and to adjust the fire donation account #213-210-2100-5815 in the same amount. Background Information: Glen and Linda McNamara have made this donation, based on the exceptional and outstanding service they received by Fire Marshal Al Storlie and Fire Inspector Jamie Stevens, to be used towards the current needs of the fire department and ambulance service. Financial Impact: Increase fire donation account by $50.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachment: Resolution To: Mayor Fasbender & City Council Members From: John Townsend, Fire Chief Date: December 18, 2023 Item: Accept a Donation from Glen and Linda McNamara VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 12- -23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF DONATIONS TO THE HASTINGS FIRE DEPARTMENT WHEREAS, Glen and Linda McNamara made a donation to be designated to the fire department; and WHEREAS, the City Council is appreciative of the donation and commends Glen and Linda McNamara for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; That the donation is accepted and acknowledged with gratitude; and Adopted this 18th day of December, 2023. ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: December 18, 2023 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $1,200.00, made to the Parks and Recreation Department and has designated that this donation be used for a memorial bench in a City Park or on a City Trail. Background Information: The Mishkee and Sigfridson Families have made this donation to be used for a Memorial Bench in a City Park or on a City Trail. Financial Impact: Increase the Parks and Recreation donation account by $1,200.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 12 - - 23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, The Mishkee and Sigfridson families have presented to the City Parks & Recreation Department a donation of $1,200.00 and has designated that this donation be used for a Memorial Bench in a City Park or on a City Trail; and WHEREAS, the City Council is appreciative of the donation and commends The Mishkee and Sigfridson families for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for a memorial bench to be placed in a City Park or on a City Trail; and Adopted this 18th day of December, 2023. ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: December 18, 2023 Item: Approve ATV Permit Application for Chase Brown Council Action Requested: Approve the issuance of an ATV permit to Chase Brown of 1111 Pine Street for the operation of a side-by-side ATV on City Streets. Background Information: Mr. Brown submitted an application to operate an All-Terrain Vehicle and all necessary criteria has been met. The City has received the required documentation and an inspection of the ATV has been completed by the Hastings Police Department. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Application VIII-05 VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: December 18, 2023 Item: Approve 2024 Massage Therapist License Renewals Council Action Requested: Adopt the attached resolution approving the 2024 Massage Therapist License Renewals. Background Information: City Code Chapter 116 requires that massage therapists practicing within the City of Hastings be licensed annually. The licensing period for a massage therapist is January 1 through December 31. All massage therapist renewals are listed on the attached resolution. The City has received and reviewed applications for massage therapist license renewals for the January 1, 2024 - December 31, 2024 licensing period. Approvals and issuance of licenses are contingent upon the City receiving all license fees, required documents and completion of a criminal background investigation conducted by the Hastings Police Department. Financial Impact: License revenue is included in the budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-05 CITY OF HASTINGS DAKOTA COUNTY RESOLUTION _____________ A RESOLUTION APPROVING 2024 MASSAGE THERAPIST LICENSE RENEWALS WHEREAS, the City has received and reviewed applications for the renewal of massage therapist licenses; and WHEREAS, approval and issuance of licenses are contingent upon the City receiving license fees, required documents, and completion of a criminal background investigation conducted by the Hastings Police Department. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota that the following massage therapist license renewals are approved for the January 1, 2024 – December 31, 2024 licensing period. Massage Therapist: Practicing At: Alana Dalmas Caring Hands Massage & Spa, 427 Vermillion St. David Mueller Caring Hands Massage & Spa, 427 Vermillion St. Elizabeth Olsen Caring Hands Massage & Spa, 427 Vermillion St. Judith Kulla Caring Hands Massage & Spa, 427 Vermillion St. Michael Cline Caring Hands Massage & Spa, 427 Vermillion St. Sandra Burdine Caring Hands Massage & Spa, 427 Vermillion St. Jeanne Lecher Caring Hands Massage & Spa, 427 Vermillion St. Marcia Burt Caring Hands Massage & Spa, 427 Vermillion St. Jolynn Ganther Millner Family Chiropractic dba Health Solutions Center, 117 3rd Street West Sharon Pollock Millner Family Chiropractic dba Health Solutions Center, 117 3rd Street West Christine Jones Mobile Massage Samantha Koss Power Within Chiropractic, 925 Hwy 55 Suite 103 Ericka Love Pure Serenity Wellness Center, 202 2nd Street East Heather Duhaime Simply Still Spa, 1250 N. Frontage Road, Suite 206 Mindy Bekker Simply Still Spa, 1250 N. Frontage Road, Suite 206 Shannan Koch Simply Still Spa, 1250 N. Frontage Road, Suite 206 Suzanne Dillon Simply Still Spa, 1250 N. Frontage Road, Suite 206 Nicole DePalma MindfulMotion Pilates, Wellness, & Ayurveda, 214 Sibley Street ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 18TH DAY OF DECEMBER, 2023. VIII-05 _______________________________ Mary D. Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: December 18, 2023 Item: 2024-2025 Commercial Waste Hauler License Renewals Council Action Requested: Adopt the attached resolution approving the 2024 – 2025 Commercial Waste Hauler License Renewals. Background Information: City Ordinance 50.07 states that commercial waste hauler licenses expire December 31 of the odd year, regardless of when the license was first issued. The two-year licensing period for a commercial waste hauler starts on January 1 of an even numbered year through December 31 of the following odd numbered year. The City has received and reviewed applications for commercial waste hauler license renewals for the January 1, 2024 – December 31, 2025 licensing period. Approvals and issuance of licenses are contingent upon the City receiving all required forms, documents, and licensing fees. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-06 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ______________ A RESOLUTION APPROVING 2024 – 2025 COMMERCIAL WASTE HAULER LICENSE RENEWALS WHEREAS, the City has received and reviewed applications for renewal of commercial waste hauler licenses; and WHEREAS, approval and issuance of licenses contingent upon the City receiving all required forms, documents, and license fees. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Hastings that the following commercial waste hauler license renewals are approved for the January 1, 2024 – December 31, 2025 licensing period. Allied Waste Services of North America dba Republic Services of the Twin Cities – IGH 11380 Courthouse Blvd Inver Grove Heights, MN 55077 Aspen Waste Systems of Minnesota, Inc. 2951 Weeks Ave SE Minneapolis, MN 55414 LRS of Minnesota LLC dba LRS and Atomic Recycling 315 27th Ave NE Minneapolis, MN 55418 Bauer Roll-Off Service of Cannon Falls, Inc. 13975 280th Street E Cannon Falls, MN 55009 Buckingham Trucking dba Buckingham Companies 5980 Credit River Road SE Prior Lake, MN 55372 Dick’s Sanitation 8984 215th Street W Lakeville, MN 55044 Highland Sanitation & Recycling P.O. Box 10 Vermillion, MN 55085 Keith Krupenny & Son Disposal, Inc. dba Remackel Roll Off Services 565 Barge Channel Road St. Paul, MN 55107 LePage & Sons, Inc. 23602 University Ave NW Bethel, MN 55005 VIII-06 Lloyd’s Construction Services, Inc. 6528 County Road 101 E Shakopee, MN 55379 Lightning Disposal, Inc. 10731 Briggs Drive, Suite B Inver Grove Heights, MN 55007 Nitti Sanitation, Inc. 10731 Briggs Drive, Suite B Inver Grove Heights, MN 55007 Anderson’s Dumpster Box Service 930 Duluth Street St. Paul, MN 55106 Tennis Sanitation 720 4th Street St. Paul Park, MN 55071 Veit Container Corp. dba Veit Disposal Systems 21075 134th Ave N Rogers, MN 55374 Waste Management of MN, Inc. dba Waste Management 1901 Ames Drive Burnsville, MN 55306 ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 18TH DAY OF DECEMBER, 2023. ____________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-06 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: December 18, 2023 Item: Public Safety Advisory Commissioner 2024 Re-Appointments Council Action Requested: The City Council is asked to approve the re-appointments of Gary Stevens, Theresa Auge, Mary Nehring, and E. John Gunter to the Public Safety Advisory Commission for the term of 01/01/2024 to 12/31/2025. Background Information: Members may serve up to three consecutive two-year terms upon approval of the City Council. The Commissioners have provided excellent service to the City and staff supports reappointment. Financial Impact: None Advisory Commission Discussion: Commissioners requested re-appointment Council Committee Discussion: None Attachments: 2024 Revised Term document VIII-07 Gary Stevens (1/6/2020) • 1/1/20 – 12/31/21 Term One (2 years) • 1/1/22 -12/31/23 Term Two (2 Years) ** • 1/1/24 -12/31/25 Term Three (2 Years) and Termed out Dolores Pemble (2/6/2017) • 1/1/17 -12/31/17 Partial Term (10 months)* • 1/1/18 -12/31/19 Term One (2 years) • 1/1/20 – 12/31/21 Term Two (2 years) • 1/1/22 – 12/31/23 Term Three (2 years) and Termed out ** Melissa Blackstad (4/16/2018) • 1/1/18 – 12/31/18 Partial Term (8 months)* • 1/1/19 - 12/31/20 Term One (2 years) • 1/1/21 – 12/31/22 Term Two (2 years) • 1/1/23 – 12/31/24 Term Three (2 years) and Termed out Theresa Auge (9/20/2021) • 1/1/20 - 12/31/21 Partial Term (3 months)* • 1/1/22 – 12/31/23 Term One (2 years)** • 1/1/24 – 12/31/25 Term Two (2 years) • 1/1/26 – 12/31/27 Term Three (2 years) and Termed out Mary Nehring (9/21/2023) • 1/1/23 – 12/31/23 Partial Term (3 months) • 1/1/24 – 12/31/25 Term One (2 years) • 1/1/26 – 12/31/28 Term Two (2 years) • 1/1/29 – 12/31/30 Term Three (2 years) and Termed out Andrew Caflisch (1/1/2023) • 1/1/23 – 12/31/24 Term One (2 years) • 1/1/25 – 12/31/26 Term Two (2 years) • 1/1/27 – 12/31/28 Term Three (2 years) and Termed out E. John Gunter (1/1/2023) • 1/1/23 – 12/31/23 Partial Term (12 months) • 1/1/24 – 12/31/25 Term One (2 years) • 1/1/26 – 12/31/28 Term Two (2 years) • 1/1/29 – 12/31/30 Term Three (2 years) and Termed out *Partial Terms do not count toward 3-term limit VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: December 18, 2023 Item: Reappoint Parks & Recreation Commissioners Council Action Requested: The City Council is asked to approve the reappointment of Commissioner Craig Santelman to the Parks and Recreation Commission for a term beginning 1/1/2024, and expiring 12/31/2025. Background Information: Commissioner Santelman will be moving into his 3rd term on the Parks & Recreation Commission. Commissioners may serve up to three consecutive two year terms upon approval of the City Council. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ None VIII-08 To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: December 18, 2023 Item: Reappoint HEDRA Commissioner: Ben Anderson Council Action Requested: The City Council is asked to approve the following reappointment to the Hastings Economic Development and Redevelopment (HEDRA):  Ben Anderson – Full Appointment - 1/1/24 to 12/31/29 Ben was first appointed on 6/6/22. This would be his first full term. Members may serve two consecutive 6-year terms or 12 years whichever comes first. Commissioners who are members of the City Council may serve up to 12 consecutive years with Commission terms coinciding with their terms of office as a Councilmember. Ben has provided excellent service to the City and staff supports reappointment. Background Information: N\A Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: N\A City Council Memorandum VIII-09 To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: December 18, 2023 Item: Reappoint Planning Commissioners: Gino Messina, Chris Teiken, Bryce LeBrun, and Melissa McGrath Council Action Requested: The City Council is asked to approve the following reappointments to the Planning Commission:  Gino Messina - 1/1/24 to 12/31/25. First appointed to a partial term on 5/20/19. This would be his final term.  Chris Teiken - 1/1/24 to 12/31/25 - First appointed to a partial term on 12/21/20. This would be his third term.  Bryce LeBrun - 1/1/24 to 12/31/25. First appointed on 12/20/21. This would be his 2nd term.  Melissa McGrath - 1/1/24 to 12/31/25 - First appointed to a partial term on 12/19/22. This would be her 2nd term. Members may serve up to three consecutive two year terms upon approval of the City Council. The Commissioners have provided excellent service to the City and staff supports reappointment. Background Information: N\A Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: N\A City Council Memorandum VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: December 18, 2023 Item: Appoint Planning Commissioner – Rachel Swedin Council Action Requested: The City Council is asked to make the following appointments to the Planning Commission: • Rachel Swedin of 300 West 4th Street to the Planning Commission from 1/1/24 to 12/31/24. The appointment fills the vacancy created by Todd Matzke’s departure. Commissioners are eligible to serve a total of three, two year terms. Action requires a simple majority of City Council. Background Information: Five candidates were interviewed for the position by Planning Committee Chair Fox, Planning Commission Chair Messina, City Administrator Wietecha, and Community Development Director Hinzman. Ms. Swedin was the unanimous selection of the committee Please see attached application for further information. Financial Impact: N\A Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Advisory Commission Application VIII-11 Commission (Please indicate your interest) Questions? Contact 651-480-2350 or the person (s) below Charter Dan Wietecha dwietecha@hastingsmn.gov Hastings Economic Development & Redevelopment Authority John Hinzman (HEDRA) Jhinzman@hastingsmn.gov Heritage Preservation Commission Justin Fortney (HPC) Jfortney@hastingsmn.gov Parks & Recreation Chris Jenkins (PRC) Cjenkins@hastingsmn.gov Planning John Hinzman (PC) Jhinzman@hastingsmn.gov Public Safety David Wilske (PSAC) dwilske@hastingsmn.gov Kelly Murtaugh kmurtaugh@hastingsmn.gov Other/ no Preference Dan Wietecha Dwietecha@hastingsmn.gov To help us have a better understanding of your interests and background, we ask for some general information. Please complete and sign the application. Name Address Day Phone Evening Phone E-mail Arts & Culture Commission Advisory Commission Interest Form The City of Hastings encourages active participation of its residents. City Advisory Commissions are a way in which residents can take a participatory involvement in the planning, development, and preservation of our growing and historical community. Thank you for your interest in serving on an advisory commission. Information about these opportunities is available on the City’s website at www.hastingsmn.gov/commissions. VIII-11 City of Hastings Page 2 of 2 Advisory Commission Interest Form Supplemental Information Employer: Occupation: Please return to: City of Hastings City Use 101 Fourth Street East OR via email to the Date Received: Hastings, MN 55033 Commission contact Forwarded to: § 31.36 PUBLIC DISCLOSURE. (A) Each public official of the City of Hastings shall file for public record in the office of the City Clerk, a sworn statement in a form approved by the City Council and which must contain, at a minimum, the following information: (1) The names of all businesses, corporations, companies, firms, partnerships, or other business enterprises, doing business with or in the City of Hastings, in which the public official is connected thereto as an employee, owner, director, officer, adviser, or consultant, or in which the public official has a continuing financial interest, through ownership of stock or as a beneficiary of any pension or retirement plan; (2) A description of all parcels of real property, other than property occupied by the public official as a personal residence, in which the public official has any interest, including the right to occupy any such property; and (3) The interest of a spouse, or minor child or other member of the immediate household of any public official shall be considered an interest of the public official for purposes of filing the statement required. (B) Each person who becomes a public official shall, within 30 days after assuming the office or position, file a public disclosure required by this section. (1) Following an initial filing, the information on that filing shall remain in effect and all public officials will continue to attest to its truth. Within 30 days of any change to the information on the initial filing and following any reappointment or reelection, all public officials shall file a new sworn statement with the City Clerk. City staff members covered under this provision shall fill out an initial filing and shall thereafter complete any amended filings within 30 days of any change to the information on the initial filing or at least every 4 years, in the years in which the Mayor and at large Councilmember seats are up for election, whichever comes first. (Am. Ord. 511, passed 4-5-2004) (2) This subchapter shall not be construed to require the filing of any information relating to any person’s connection with any professional society or any charitable, religious, social, fraternal, recreational, civil or political organization or any similar organization not conducted as a business enterprise. (3) The City Administrator shall inform each person who is required to file a statement, the time and place for filing, and shall furnish each such person with a copy of this subchapter and the required statement form. The City Administrator shall inform the City Council when any person, who is required to file a statement, fails to file the statement in a timely manner. (Prior Code, § 2.81) Please share why you are interested in becoming involved with a City commission. What experience would you bring to the C ommission? VIII-11 To: Mayor Fasbender and City Councilmembers From: Justin Fortney, City Planner Date: December 18, 2023 Item: Reappointments to the Heritage Preservation Commission: Council Action Requested: The City Council is asked to make three reappointments to the HPC. These three commissioners have served the HPC well over the fast few years and are likely to continue to do so into the future. Reappointment Cindy Toppin, Chair 1/1/24 to 12/31/26 Reappointment Mark Borchardt 1/1/24 to 12/31/26 Reappointment Maggie McCoy 1/1/24 to 12/31/26 Background Information: The HPC has nine-member positions with three terms expiring every year. There are no term limits for HPC members. However, after three consecutive terms, the positions must also be open to new applicants. Commissioners Toppin and Borchardt have served a full term. Commissioner McCoy has been serving a partial term since January 2023 Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A City Council Memorandum VIII-12 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: December 18, 2023 Item: Arts & Culture Commission Re-Appointments Council Action Requested: Approve re-appointing Barb Hollenbeck and Steven Read to the Arts & Culture Commission for 2-year terms through 12/31/2025. Background Information: The Arts & Culture Commission has 7 regular and 1 youth members appointed to 2 year terms with staggered dates. The following commissioners were all appointed 2/21/2023 with terms expiring 12/31/2023: • Barb Hollenbeck • Steven Read Both have expressed interest in re-appointment. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: No Applicable VIII-13 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: December 18, 2023 Item: Charter Commission Re-Appointments Council Action Requested: Approve re-appointing Connie Blasing, Dolores Pemble, Josh Salzman, and Marty Weber to the Charter Commission for 4-year terms through 12/31/2027. Background Information: The Charter Commission has 7 to 15 members (presently 7) appointed to 4 year terms with staggered dates. The following commissioners were all appointed 7/19/2021 with terms expiring 12/31/2023: • Connie Blasing • Dolores Pemble • Josh Salzman • Marty Weber All have expressed interest in re-appointment. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: No Applicable VIII-14 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: December 18, 2023 Item: Authorize Signature: 1st Amendment – Agreement for Professional Services – Dunn Solutions Council Action Requested: Authorize signature of the attached 1st Amendment to the Agreement for Professional Services between the City and Dunn Solutions, LLC (Travis Dunn) to perform certain building inspection and plan review duties. A simple majority is necessary for action. Background: The City Council authorized signature of the Agreement on June 26, 2023 in order to continue performance of certain building review and inspection duties while the City hired a new Building Official. The Agreement is set to expire on December 26, 2023. Most duties have now been assumed through the hiring of Lonnie Johnson; however there are four projects that Travis is in the process of reviewing and inspecting that will extend beyond the present contract deadline. The Amendment extends the contract until completion of the projects of six months, whichever comes first. Financial Impact: Proceeds for contract payment would be collected through Building Department revenue. There would also be a salary savings due to the past vacancy of the Building Official position. Advisory Commission Discussion: N\A Attachments: • 1st Amendment - Agreement for Professional Services – Dunn Solutions. VIII-15 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES THIS FIRST AMENDMENT (“Amendment”) is made and executed this ____ day of ___________, 2023, by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota, 55033, (“City”) and Dunn Solutions, LLC, 30747 670th Street, Lake City, Minnesota, 55041 (“Consultant”). WHEREAS, the City entered into an Agreement for Professional Services on June 26, 2023 (“Original Agreement”) for a Term that expires on December 26, 2023; and WHEREAS, pursuant to Section 3 of the Original Agreement, the parties may extend the Term of the Original Agreement by mutual written consent; and WHEREAS, the City desires to continue to extend the Term of the Original Agreement for specific projects until such projects are completed or for a period of an additional six (6) months, whichever occurs first; and WHEREAS, Consultant is willing to extend the Term of the contract according to those conditions. NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby agreed as follows: I. Section 3 of the Original Agreement is hereby deleted in its entirety and replaced as follows: 3. TERM. The Term of the Contractor shall be for a period of time necessary for Consultant to perform Services for the following projects through completion of the projects, or for a period of six (6) months, whichever occurs first: a. Building Permit #BP2023-992 – 1175 Nininger Road – Loading Dock & Canopy b. Building Permit #BP2023-903 – 1600 Highway 55 – Juvenile Services Center – Remodel four living units c. Building Permit #BP 2023-732 – 1580 Highway 55 – Law Enforcement Center – 8100 Cell Block Improvements d. Building Permit #BP 2022-1254 – 1580 Highway 55 – Law Enforcement Center – 3100 & 7100 Cell Block Improvements VIII-15 This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as stated herein. II. The remaining terms and conditions of the Original Agreement remain unchanged. [THE REMINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] VIII-15 CITY OF HASTINGS By: _____________________________ Mary Fasbender, Mayor By: ______________________________ Kelly Murtaugh, City Clerk Date: ____________________________ VIII-15 DUNN SOLUTIONS, LLC By: _________________________ Travis Dunn Its: _________________________ Date: ________________________ VIII-15 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: December 18, 2023 Item: Resolution: Approve the First Amendment to Purchase Agreement - Sale of City Property – Northern State Services LLC – Northwest Corner of Spiral Blvd and Glendale Rd City Council Action Requested Adopt the attached resolution approving the First Amendment to the Purchase Agreement between the City of Hastings and Northern State Services, LLC for sale of +/- 5 acre parcel located at the northwest corner of Spiral Blvd and Glendale Rd. A simple majority is necessary for action. The amendment extends the closing date until July 1, 2024. All other provisions remain the same. Background Information The City Council authorized sale of the property on June 26, 2023 subject to closing on the property by December 31, 2023. Staff continues to work with Northern State Services and expects the closing to occur shortly, however it is likely the December 31st requirement will not be met. Financial Impact: Sale of the property will generate $60,960 in revenue as well as an increase in the community’s annual tax base. City maintenance expenses for the property will cease. Advisory Commission Discussion: N/A Council Commission Discussion: N\A Attachments: • Location Map • Resolution – Approving First Amendment to Purchase Agreement • First Amendment to Purchase Agreement VIII-16 A-2 Richard Reis Property City Property for disposition/ sale VIII-16 1 HASTINGS CITY COUNICL RESOLUTION NO. A RESOLUTION APPROVING THE FIRST AMENDMENT TO PURCHASE AGREEMENT WITH NORTHERN STATE SERVICES LLC Council member _ ______________ introduced the following Resolution and moved its adoption: WHEREAS, the City of Hastings (“City”) is the fee owner of real property located in Dakota County, Minnesota, and legally described on Exhibit A (“City Property”); and WHEREAS, on June 26, 2023, by and through Resolution No. 06-28-23, the City approved the disposal and sale of the portion of City Property legally described on Exhibit B (the “Property”); and WHEREAS, also on June 26, 2023, by and through Resolution No. 06-28-23, the City approved the related Purchase Agreement dated June 26, 2023 (“Agreement”) by and between the City and Northern State Services LLC (“Buyer”); and WHEREAS, Buyer has requested the Purchase Agreement be amended to extend the Closing Date. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hastings as follows: 1. The Closing Date is hereby extended to July 1, 2024. 2. The First Amendment to Purchase Agreement is hereby approved, subject to minor modification as approved by the City Attorney, and the appropriate officials are authorized to take such action as to effectuate its execution and implementation. Council member _ moved a second to this Resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council this 18th day of December 2023, with the following vote: Ayes: Nays: Absent: ______________________________ Mary Fasbender, Mayor VIII-16 2 ATTEST: _____________________________ Kelly Murtaugh, City Clerk VIII-16 A-1 EXHIBIT A LEGAL DESCRIPTION OF CITY’S PROPERTY That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, Dakota County, Minnesota lying west of Glendale Road and subject to highway easement Parcel 1 on County Right-of-Way Map 108. Abstract Property PID: 19-03500-84-010 VIII-16 B-1 EXHIBIT B LEGAL DESCRIPTION OF THE PROPERTY That part of the Southwest Quarter of the Southeast Quarter of Section 35, Township 115, Range 17, described as BEGINNING at the northwest corner of said Southwest Quarter of the Southeast Quarter; thence South 0 degrees 15 minutes 13 seconds East along the west line of said Southwest Quarter of the Southeast Quarter 578.64 feet; thence northeasterly 535.96 feet along a curve that is concave to the northwest having a radius of 707.00 feet, central angle of 35 degrees 01 minute 17 seconds, chord distance of 425.45 feet, and the chord of said curve bears North 52 degrees 26 minutes 53 seconds East; thence North 34 degrees 56 minutes 16 seconds East, tangent to the last described curve, 104.02 feet; thence northeasterly 253.80 feet along a curve concave to the southeast, having a radius of 260.00 feet, central angle of 55 degrees 55 minutes 45 seconds, chord distance of 243.84 feet, and the chord of said curve bears North 62 degrees 54 minutes 08 seconds East; thence South 89 degrees 58 minutes 45 seconds East, not tangent to the last described curve; 50.00 feet to the centerline of Dakota County Road 91, as now traveled; thence North 0 degrees 01 minute 15 seconds East along said centerline of County Road 91 a distance of 125.04 feet to the north line of said Southwest Quarter of the Southeast Quarter; thence South 89 degrees 49 minutes 32 seconds West along said north line of the Southwest Quarter 666.55 feet to the point of beginning. Subject to highway easement. VIII-16 1 FIRST AMENDMENT TO PURCHASE AGREEMENT THIS FIRST AMENDMENT TO PURCHASE AGREEMENT (this “First Amendment”) is entered into as of , 2023 (the “Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Northern State Services LLC, a Minnesota limited liability company (“Buyer”). RECITALS Recital No. 1. City and Buyer entered into a Purchase Agreement dated June 26, 2023 (“Agreement”), for the purchase and sale of real property identified in the Agreement. Recital No. 2. Buyer has requested the Agreement be amended to extend the Closing Date. Recital No. 3. City does not object to the extension. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this First Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The entire Agreement is hereby incorporated into this First Amendment, except as modified below. 2. Section 6 of the Agreement shall be removed and replaced in its entirety as follows: 6. Closing. The closing of the purchase and sale contemplated by this Agreement (the “Closing”) shall occur on or before July 1, 2024, unless otherwise agreed to by the parties (the “Closing Date”). City agrees to deliver legal and actual possession of the Property to Buyer on the Closing Date. 3. Except as provided for above, the terms and provisions of the Agreement shall remain in full force and effect. 4. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Buyer or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. VIII-16 2 6. This First Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 7. This First Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-16 3 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By ________________________________ Mary Fasbender Its Mayor By ________________________________ Kelly Murtaugh Its City Clerk VIII-16 4 BUYER: NORTHERN STATE SERVICES LLC By: Printed Name: Its: VIII-16 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: December 18, 2023 Item: 1st Reading: Ordinance Amendment – Chapter 110.20 & 115, Mobile Food Units Council Action Requested: Consider First Reading of the amendments to Hastings City Code Chapters 110.20 and 115, regarding mobile food unit licensing and regulations. Background Information: The City adopted licensing and regulations for Mobile Food Units in 2018. Since then, Mobile Food Units have grown tremendously in popularity. The current provisions are listed in the Solicitor and Peddler section of City Code which do not fully address the unique features of and regulations for mobile food units. The proposed ordinance amendment creates a section dedicated to mobile food units that supports a licensing process, consistent language with state statute, and includes the provisions previously listed in Chapter 115 (K). Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: Administration Committee of Council held a meeting on November 13th to discuss the specific changes to the proposed ordinance amendments. Attachments: • Ordinance First Reading VIII-17 ORDINANCE NO. _________________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTERS 115 AND 110.20 REGARDING MOBILE FOOD UNITS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. REPEAL. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 115, regarding mobile food units shall be repealed as follows: Special Provisions For Mobile Food Units. The following apply to all Mobile Food Units: 1. MFU’s shall not be located or operated on any portion of Second Street East or on that portion of Sibley Street from the Levee Parking lot south to East Third Street unless City Council approval is granted as a designated Special Event and in that case all of the standards in this Chapter applicable to Special Events shall apply. 2. MFU’s shall not occupy more than two parking spaces on any municipal parking lot or any side street with parallel parking designated. 3. MFU’s must obtain prior written approval from the City’s Parks & Recreation Director, or designee, prior to operating in any city park. 4. MFU’s may not be parked overnight and no equipment associated with an MFU may be stored overnight on any city street or in any public right-of-way. 5. MFU operators must clean around their unit and remove all trash generated from the operation of the MFU and its customers. 6. MFU operators must supply their own electrical power. 7. MFU operators must conspicuously display on the MFU their Minnesota Department of Health or Department of Agriculture license along with their city issued license to operator the MFU. 8. MFU operators must provide to the city and maintain at all time of operation a minimum insurance requirements established by the city. 9. MFU’s and any associated generators and equipment must be located and operated in a manner to minimize noise, exhaust and odors impacting the public and surrounding public and private properties and so as not to create a public or private nuisance. 10. Service of intoxicating or alcoholic beverages by MFU’s is prohibited. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 115, Section 115.01: Definitions, shall be amended as follows: MOBILE FOOD UNIT (MFU). Mean (1) a self-contained food service operation, located in a readily movable motorized wheeled or towed vehicle that is readily movable without disassembly and that is used to store, prepare, display, or serve food intended for individual portion service; or (2) a mobile food unit as defined in Minnesota Statutes, Section 157.15, Subdivision 9. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 115, Section 115.03: Licensing; Exemptions, shall be amended as follows: 8. The date(s) during which the applicant intends to conduct business. If the applicant is applying for a daily license, the number of days he or she intends to conduct business in the city (maximum 14 VIII-17 consecutive days, except for Mobile Food Units and those meeting the requirements of § 155.07(G)); Special Provisions – Transient Merchant – Extended Stay) F. Duration. All licenses granted under this chapter shall be valid only during the time period indicated on the license. Transient merchant licenses other than for Mobile Food Units are limited to 14 consecutive days or must meet the requirements of § 155.07(G) - Transient Merchant – Extended Stay. I. Special Event. To protect the public safety by having an orderly placement of peddlers and transient merchants within the location of the special event, peddlers and transient merchants, including Mobile Food Units, applying for a license for the special event shall be required to obtain a permit from the entity sponsoring the special event. The sponsoring entity may charge a fee for its permit. Penalty, see § 10.99. SECTION 4. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 110, Section 110.20: Mobile Food Units, shall be enacted as follows: 110.20 Mobile Food Units A. Purpose. The purpose of this section is to regulate mobile food units in order to protect the health, safety, and general welfare of the citizens of Hastings by establishing standards to ensure that mobile food units, as defined herein, are appropriately located, permitted, do not impede vehicular access, traffic flow or circulation, or create public safety hazards. B. Definitions. The following words, terms, and phrases when used in this section shall have the following meanings unless the context clearly indicates otherwise. Mobile Food Unit. A food and beverage service establishment that is a vehicle mounted unit, such as: Motorized or trailered, operating no more than twenty-one (21) days annually at any one place, or operating more than twenty-one (21) days annually at any one place with the approval of the regulatory authority as defined in Minnesota Rules, part 4626.0020, subpart 70; and a self-contained unit, in which food is stored, cooked, and prepared for direct sale to the consumer. Operated in conjunction with a permanent business licensed under M.S. § 157 or § 28A at the site of the permanent business by the same individual or company, and readily movable, without disassembling, for transport to another location; and self-contained unit, in which food is stored, cooked, and prepared for direct sale to the consumer. Food Cart: A food and beverage service established that is a non-motorized vehicle self-propelled by the operator. Ice Cream Truck: A motor vehicle utilized as the point of retail sales of pre- wrapped or prepackaged ice cream, frozen yogurt, frozen custard, flavored frozen water or similar frozen dessert products. VIII-17 C. License. A license allows mobile food unit operations during the designated licensing period in accordance with the terms of this section and other applicable sections of this Code. Licenses issued on an annual basis and will be active from April 1st to March 31st. D. License Required. It is unlawful for any person to operate a Mobile Food Unit without first obtaining a license from the City. An application for a license shall be filed, along with all required fees and documents, with the City Clerk. The City Clerk shall issue the license administratively unless one or more grounds for denial exist. All licenses issued by the City shall be visibly displayed in the mobile food unit at all times when conducting businesses in the City. The application shall be made on a form supplied by the City and shall contain the information in Chapter 110.02 including all additional information as deemed by the City Clerk. 1. A certificate of insurance by an insurance company authorized to do business in the state, evidencing the following forms of insurance a. Commercial general liability insurance, with a limit of not less than $1,000,000.00 per occurrence; b. Automobile liability insurance with a limit of not less than $1,000,000.00 per occurrence. Such policy must include liability coverage for owned, non-owned, and hired automobiles; c. Workers’ compensation insurance (statutory limits) or evidence of exemption from the law; d. The City shall be endorsed as an additional insured on the certificate of insurance. 2. License Transferability. No license issued shall be transferred to any person other than the person to whom the license was issued. E. License Ineligibility. The following are grounds for denying issuance of a Mobile Food Unit License: 1. The failure of an applicant to obtain and demonstrate proof of all necessary licenses or permits required by state, county, or local health, or transportation authorities. 2. The failure of an applicant to truthfully provide any information requested by the City as part of the application process. 3. The existence of three or more substantiated complaints about the business conduct within the preceding three years from City residents or other jurisdictions where licenses have been issued to the applicant. 4. Failure to meet or comply with the provisions in this chapter. F. Performance Standards. A mobile food unit licensee is subject to the following performance standards: VIII-17 1. A mobile food unit must dispose of its gray water daily. Gray water may not be drained into City storm water drains. 2. A mobile food unit is not required to obtain a sign permit from the City. However, no additional signage is permitted beyond that which is on the mobile food unit unless it meets the following requirements: a. one (1) single sandwich board style sign is permitted per mobile food unit; b. the maximum sign is 8 square feet; c. the sign must be placed on the ground within ten (10) feet of the mobile food unit; d. the sign must not be placed within the public right of way except with the express written permission of the City; and e. the sign cannot project from the mobile food unit or be mounted to the roof of the mobile food unit. 3. A licensee must comply with all laws, ordinances, regulations, parking zones, and posted signs of the State of Minnesota, Dakota County; and the City of Hastings. 4. A mobile food unit must provide an independent power supply that is screened from public view. 5. Mobile Food Unit’s and any associated generators and equipment must be located and operated in a manner to minimize noise, exhaust and odors impacting the public and surrounding public and private properties and so as not to create a public or private nuisance. 6. The operator of the mobile food unit must clean around their unit and remove all trash generated from the operation of the MFU and its customers. 7. A mobile food unit may not operate within 500 feet of an existing restaurant unless permitted through a City event. 8. A mobile food unit may not operate within 300 feet of a Special Event designated by the City unless permitted. 9. No external seating may be utilized while operating on public property. 10. No other equipment may be utilized that is not fully contained within the vehicle/trailer/unit while operating. 11. The mobile food unit shall obey the orders of any traffic control officer, peace officer, zoning official, or inspector, and shall be open to inspection during all open hours. VIII-17 12. Mobile Food Units may not maintain or use outside sound amplifying equipment, televisions, or other similar visual entertainment devices, or noisemakers such as bells, horns, or whistles. Ice cream trucks traveling through a residential district may have outdoor music or noise-making devices to announce their presence. 13. Ice cream truck vendor that travel through residential districts are required to undergo a criminal history background investigation prior to operating in the community, at the cost of the applicant. 14. Applicants must provide evidence of current licensing of the unit by the Minnesota Department of Health or the Minnesota Department of Agriculture. Evidence must be provided and posted within the unit. 15. Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times and shall be available for inspection by the City. 16. Service of intoxicating or alcoholic beverages by MFU’s is prohibited. 17. MFU’s shall not be located or operated on any portion of Second Street East or on that portion of Sibley Street from the Levee Parking lot south to East Third Street unless City Council approval is granted as a designated Special Event and in that case all of the standards in this Chapter applicable to Special Events shall apply. 18. MFU’s shall not occupy more than two parking spaces on any municipal parking lot or any side street with parallel parking designated. 19. MFU’s must obtain prior written approval from the City’s Parks & Recreation Director, or designee, prior to operating in any city park. 20. MFU’s may not be parked overnight and no equipment associated with an MFU may be stored overnight on any city street or in any public right-of-way. SECTION 5. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on __________________, 2023 amends the City Ordinance to allow the City to regulate mobile food unit licensure and operations. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this _____ day of _______________, 2023. VIII-17 _____________________________ Mary D. Fasbender, Mayor Attest: ___________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on ______________________________, 2023. VIII-17 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kori Land, City Attorney John Hinzman, Community Development Director Date: December 18, 2023 Item: 2nd Reading\Adopt Ordinance: Cannabis and Hemp Council Action Requested: Consider 2nd Reading and adoption of Ordinance Amendments to allow the sale of CBD products at on-sale and off-sale liquor establishments. The Council considered 1st Reading at the December 4th City Council meeting. A simple majority of Council is necessary for action. Background Information: The City adopted licensing and zoning CBD ordinances last year that allow for the sale of CBD products at licensed establishments in certain zoning districts. For reference, CBD products contain less than 0.3% THC and are now considered “low potency cannabis.” The ordinances that were adopted last year prohibit the sales of CBD products at on-sale and off-sale liquor establishments. As you know, the legislature adopted legislation legalizing adult use cannabis in 2023, which specifically allows for CBD products to be sold at off-sale liquor establishments. The ordinance amendments proposed remove this prohibition as well as the prohibition at on-sale establishments and would therefore allow CBD products to be sold at both on-sale and off-sale liquor establishments. The new legislation also sets fee limits on what cities may charge for the city registration of these businesses. The amended fee in the fee schedule mirrors the statutorily authorized “registration” fee that cities may impose for retail cannabis uses. While the new state legislation allows the use of adult use cannabis, it does not authorize the sale, so until the Office of Cannabis Management has a process to license any adult use cannabis or CBD businesses and model ordinances are prepared, the City’s current ordinances for CBD products are still valid. Any on-sale or off-sale liquor establishment who want to sell CBD products will need a license from the City to do so. As soon as model ordinances are proposed, we will introduce additional revisions to the existing ordinances to comply with the state regulations. Financial Impact: N/A Advisory Commission Discussion: The Planning Commission held a public hearing to review the changes to Chapter 155 – Zoning Ordinance on November 13th with no public testimony given. The amendment was tabled in VIII-18 (a,b) order to provide further clarification. The amendment was modified and the Planning Commission recommended approval at the November 27th meeting. Council Committee Discussion: The Public Safety Committee discussed amending the CBD ordinances, based on the new legislation that legalized adult use cannabis, and supported removing the CBD prohibition and on-sale and off-sale liquor establishments prohibition, as well as reducing the license fee. Attachments: An Ordinance for the City of Hastings, Minnesota, Amending Hastings City Code Chapter 155 - Zoning Ordinance Regarding Uses, Sales and Operations of Cannabis and Hemp Businesses An Ordinance for the City of Hastings, Minnesota, Amending Hastings City Code Chapter 117.09, Regarding Cannabis Businesses VIII-18 (a,b) CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA ORDINANCE NO. _______________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 117.09, REGARDING CANNABIS BUSINESSES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 117.09, regarding Cannabis Businesses shall be amended as follows: 117.09 Prohibited Acts 1. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). 2. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. 3. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. 4. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person's true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. 5. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. 6. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. 7. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. 8. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. 9. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. 10. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. 11.10. No sampling or free donations or distributions of intoxicating cannabis products is allowed. VIII-18 (a,b) 12.11. No sales of intoxicating cannabis products may be completed through self- check-out. The retailer or retailer's employee must process each transaction at a point of sale. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on December 18, 2023 amends the City Ordinance to allow on-sale and off-sale retail sales of cannabis-infused beverages that are under .3% THC at restaurants and liquor stores. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 18th day of December, 2023. _____________________________ Mary D. Fasbender, Mayor Attest: ___________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on December 21st and 28th, 2023 VIII-18 (a,b) ORDINANCE NO. ________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES, SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.07.J.3 SPECIAL PROVISIONS shall be amended as follows: 3. Prohibited Acts: a. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). b. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. c. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. d. It shall be unlawful for any person under the age of twenty-one (21) to attempt to disguise the person’s true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. e. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC. f. No edible cannabis product can contain an amount of THC that exceeds the per serving or per package requirements in Minnesota State law. g. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. h. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. VIII-18 (a,b) i. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale liquor establishments. j. No sampling or free donations or distributions of intoxicating cannabis products is allowed. k. No sales of intoxicating cannabis products may be completed through self-check-out. The retailer or retailer’s employee must process each transaction at a point of sale. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on December 18, 2023 modifies the Zoning Ordinance to allow on-sale and off-sale retail sales of cannabis beverages at restaurants and liquor stores. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect after passage and publication according to law. Passed this 18th day of December, 2023. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the Hastings Journal on December 21st and 28th, 2023 VIII-18 (a,b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: December 18, 2023 Item: 2024-2025 LELS Local No. 249 Union Contract Council Action Requested: Approve the 2024-2025 union contract for Law Enforcement Labor Services, Inc. Local No. 249 Officers). Background Information: It is recommended that the Council approve the 2024-2025 collective bargaining agreement for the LELS Local No. 249 union. The contract term is for January 1, 2024 – December 31, 2025. Proposed changes include: • 4.0% cost of living adjustment on January 1, 2024 and January 1, 2025, with a one-time starting wage increase of $0.60/hour. • Increase longevity rates. • Adjust court time pay. • Additional stipend for SWAT and Mobile Field Force callouts. • Increase uniform allowance. • Update sick leave language to comply with state law provisions. All other provisions of the contract will remain unchanged. Financial Impact: Wage adjustments and longevity are included in the 2024 budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Law Enforcement Labor Services, Inc. Local No. 249 Collective Bargaining Agreement VIII-19 LABOR AGREEMENT BETWEEN CITY OF HASTINGS AND LAW ENFORCEMENT LABOR SERVICES, INC. (LOCAL NO. 249) POLICE OFFICERS JANUARY 1, 2024 THROUGH DECEMBER 31, 2025 VIII-19 --this page intentionally left blank-- VIII-19 INDEX 1. Purpose of Agreement ................................................................................................................................... 4 2. Recognition .................................................................................................................................................... 4 3. Definitions ...................................................................................................................................................... 4 4. Employer Security ......................................................................................................................................... 5 5. Employer Authority ...................................................................................................................................... 5 6. Union Security ............................................................................................................................................... 6 7. Employee Rights—Grievance Procedure .................................................................................................... 6 8. Savings Clause ............................................................................................................................................... 8 9. Seniority ......................................................................................................................................................... 8 10. Discipline ........................................................................................................................................................ 8 11. Constitutional Protection .............................................................................................................................. 9 12. Work Schedule............................................................................................................................................... 9 13. Overtime ......................................................................................................................................................... 9 14. Court Time ................................................................................................................................................... 10 15. Call Back Time ............................................................................................................................................ 10 16. Working out of Classification ..................................................................................................................... 10 17. Vacation ....................................................................................................................................................... 11 18. Sick Leave and Other Leaves of Absence .................................................................................................. 11 19. Severance Pay .............................................................................................................................................. 12 20. Holidays ........................................................................................................................................................ 12 21. Uniform Allowance ..................................................................................................................................... 12 22. Insurance ...................................................................................................................................................... 13 Health ........................................................................................................................................................... 13 Life ................................................................................................................................................................ 13 Long Term Disability .................................................................................................................................. 14 23. Injured on Duty ........................................................................................................................................... 14 24. Wages ........................................................................................................................................................... 14 25. P.O.S.T Training and License .................................................................................................................... 15 26. Waiver .......................................................................................................................................................... 15 27. Duration ....................................................................................................................................................... 16 Memorandum of Understanding: K-9 Handler ...................................................................................................... 17 Memorandum of Understanding: Schedule ............................................................................................................ 18 Memorandum of Understanding: Vacation Bidding……..…………………………………………………........19 Memorandum of Agreement: Post Employment Health Care Saving Plan………………………………….…20 Memorandum of Understanding: Mental Health Program………………………………………………………21 Memorandum of Understanding: Mandatory Physical Fitness Test…………………………………………….25 i VIII-19 City of Hastings/LELS 2022 -4- LABOR AGREEMENT BETWEEN CITY OF HASTINGS AND LAW ENFORCEMENT LABOR SERVICES POLICE OFFICERS 1. Purpose of Agreement This Agreement is entered into as of January 1, 2024 between the City of Hastings, hereinafter called the “Employer”, and the Law Enforcement Labor Services, Inc. hereinafter called the “Union”. It is the intent and purpose of this Agreement to: 1.1. Establish procedures for the resolution of disputes concerning this Agreement’s interpretation and/or application; and 1.2. Place in written form the parties’ agreement upon terms and conditions of employment for the duration of this Agreement. The Employer and the Union through this Agreement shall continue their dedication to the highest quality police service and protection to the residents of Hastings. Both parties recognize this Agreement as a pledge of this dedication. 2. Recognition 2.1 The Employer recognizes the Union as the exclusive representative, under Minnesota Statutes, §179A.03, Subd. 8, for all police personnel in the following job classification: POLICE OFFICER 2.2 In the event the Employer and the Union are unable to agree as to the inclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. 3. Definitions 3.1. Union: Law Enforcement Labor Services, Inc. 3.2. Union Member: A member of the Law Enforcement Labor Services, Inc., (Local No. 249). 3.3. Employee: A member of the exclusively recognized bargaining unit. 3.4. Department: The City of Hastings Police Department. 3.5. Employer: The City of Hastings. 3.6. Chief: The Chief of the Hastings Police Department. 3.7. Union Officer: Officer elected or appointed by the Law Enforcement Labor Services, Inc., (Local No. 249). 3.8. Overtime: Work performed at the express authorization of the Employer in excess of the employee’s scheduled shift. 3.9. Scheduled Shift: A consecutive hour work period including two (2) rest breaks and a lunch break. VIII-19 City of Hastings/LELS 2022 -5- 3.10. Rest Periods: Two (2) periods during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.11. Lunch Break: A period during the Scheduled Shift during which the employee remains on continual duty and is responsible for assigned duties. 3.12. Uniform: Those items actually worn on the body to protect the Officer from the elements such as: uniform shirts and pants, uniform headgear, authorized duty footwear; weather gear such as gloves, rainwear, rubber boots, physical training/exercise clothing, and footwear. Such authorized protective equipment such as “personal body armor”. 3.13. Equipment: Those attachments, peripherals, or items of convenience that are used in conjunction with the work clothing. Included would be duty weapon, leather goods (other than pants belt and footwear), radio accessories, badges, brief cases, or other office-type equipment. 3.14. Strike: Concerted action in failing to report for duty, the willful absence from one’s position, the stoppage of work, slow-down, or abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions or compensation or the rights, privileges, or obligations of employment. 3.15. Probationary Period: Twelve (12) calendar months following date of hire but in no case shall the probationary period exceed fifteen (15) calendar months from date of hire. 4. Employer Security 4.1. The Union agrees that during the life of this Agreement, it will not cause, encourage, participate in or support any strike, slow-down, or other interruption of or interference with the normal functions of the Employer. 4.2. Any employee who engages in a strike may have his/her appointment or employment terminated by the Employer effective the date the violation first occurs. Such termination shall be effective upon written notice served upon the employee. An employee who is absent from any portion of his/her work assignment without permission, or who abstains wholly or in part from the full performance of his/her duties without permission from the Employer on the date or dates when a strike occurs is prima facie presumed to have engaged in a strike on such date or dates. An employee who knowingly strikes and whose employment has been terminated for such action may, subsequent to such violation, be appointed or reappointed or employed or reemployed, but the employee shall be on probation for two years with respect to such civil service status, tenure of employment. 5. Employer Authority 5.1. The Employer retains the full and unrestricted right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; to establish work schedules, and to perform any inherent managerial function not specifically limited by this Agreement. 5.2. Any terms and condition of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Employer to modify, establish, or eliminate. VIII-19 City of Hastings/LELS 2022 -6- 6. Union Security 6.1. The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly dues, or a “fair share” deduction, as provided in Minnesota Public Employment Labor Relations Act, if the employee elects not to become a member of the Union. Such monies shall be remitted as directed by the Union. 6.2. The Union may designate employees from the bargaining unit to act as a steward and an alternate and shall inform the Employer in writing of such choice and changes in the position of steward and/or alternate. 6.3. The Employer shall make space available on the employee bulletin board for posting Union notice(s) and announcement(s). 6.4. The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders, or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 7. Employee Rights—Grievance Procedure 7.1. Definition of a Grievance. A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 7.2. Union Representatives. The Employer will recognize representatives designated by the Union as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Union shall notify the Employer in writing of the names of such Union representatives and of their successors when so designated, as provided by Section 6.2 of this Agreement. 7.3. Processing of a Grievance. It is recognized and accepted by the Union and the Employer that the processing of grievance as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss in pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work of the Employer. 7.4. Procedure. Grievance, as defined in Section 7.1 shall be resolved in conformance with the following procedure: Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee’s supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated representative’s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Union within ten (10) calendar days shall be considered waived. VIII-19 City of Hastings/LELS 2022 -7- Step 2. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 2 representative. The Employer- designated representative shall give the Union the Employer’s Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative’s final Step 2 answer. Any grievance not appealed in writing to Step 3 by the Union within ten (10) calendar days shall be considered waived. Step 3. If appealed, the written grievance shall be presented by the Union and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the Union the Employer’s answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative’s final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within (10) calendar days shall be considered waived. Step 4. If the grievance is still unresolved in Step 3, the UNION and EMPLOYER may agree, within ten (10) calendar days after the reply of the Step 3 Representative was due, to petition the Bureau of Mediation Services for assistance in settling through mediation. If either party determines during the mediation process that further mediation would serve no purpose, the UNION within ten (10) calendar days by written notice to the EMPLOYER, may request arbitration of the dispute. Step 5. A grievance not resolved in Step 4 and appealed to Step 5 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971, as amended. The selection of an arbitrator shall be made in accordance with the “Rules Governing the Arbitration of Grievances”, as established by the Bureau of Mediation Services. 7.5. Arbitrator’s Authority: A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator shall be without power to make decisions contrary to, or inconsistent with, or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator’s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever is later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator’s interpretation or application of the grievance presented. C. The fees and expenses for the arbitrator’s services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party VIII-19 City of Hastings/LELS 2022 -8- desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 7.6. Waiver: If a grievance is not presented within the time limits set forth above, it shall be considered “waived”. If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer’s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to treat the grievance as denied at the step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 8. Savings Clause This Agreement is subject to the laws of the United States, the State of Minnesota and the City of Hastings. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. 9. Seniority 9.1. Seniority shall be determined by the employee’s length of continuous employment with the Police Department and posted in an appropriate location. Seniority rosters may be maintained by the Chief on the basis of time in grade and time within specific classifications. 9.2. During the probationary period, a newly hired or rehired employee may be discharged at the sole discretion of the Employer. During the probationary period, a promoted or reassigned employee may be replaced in his/her previous position at the sole discretion of the Employer. 9.3. A reduction of work force will be accomplished on the basis of seniority. An employee on layoff shall have an opportunity to return to work within two (2) years of the time of his/her layoff before any new employee is hired. 9.4. Senior qualified employees shall be given shift bid preference after completion of probationary period. 9.5. Vacation period shall be selected on the basis of seniority until April 1, “Summer Choice” (May, June, July, August); August 1, “Fall Choice” (September, October, November, December); December 1, “Winter Choice” (January, February, March, April). 10. Discipline 10.1. The Employer will discipline employees for just cause only. Discipline will be in one or more of the following terms: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Demotion; or e) Discharge. 10.2. Suspensions, demotions and discharge will be in written form. VIII-19 City of Hastings/LELS 2022 -9- 10.3. Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee’s personnel file shall be read and acknowledged by signature of the employee. Employees and the Union will receive a copy of such reprimands and/or notices. 10.4. Employees may examine his/her own individual personnel file at reasonable times under the direct supervision of the Employer. 10.5. Employees will not be questioned concerning an investigation of disciplinary action unless the employee has been given an opportunity to have a Union representative present at such questioning. 10.6. Grievances relating to this Article shall be initiated by the Union in Step 3 of the grievance procedure under Article VII. 11. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. 12. Work Schedule 12.1. The normal work year is two thousand and eighty (2,080) hours, to be accounted for by each employee through: a) Hours worked on assigned shifts. b) Holidays; c) Authorized leave time; and d) Training. 12.2. Holidays and authorized leave time is to be calculated on the basis of the actual length of time of the assigned shift. 12.3. Nothing contained in this or any other Article shall be interpreted to be a guarantee of a minimum or maximum number of hours the Employer may assign employees. 13. Overtime 13.1. Employees will be compensated at one and one-half (1 ½) times the employee’s regular base pay rate for hours worked in excess of the employee’s regularly scheduled shift. Changes of shifts do not qualify an employee for overtime under this Article. 13.2. All posted overtime or overtime of four (4) hours or more shall be bid by seniority. Other overtime will be assigned by administration. 13.3. For the purpose of computing overtime compensation overtime hours worked shall not be pyramided, compounded, or paid twice for the same hours worked. 13.4. Time and one-half rate will apply for all other off-duty overtime such as first-aid training courses, departmental meetings, firearms training, and authorized police training courses, with a minimum of two hours. Authorized time worked over two hours is to be compensated at the time and one-half rate. 13.5. Employees have the obligation to work overtime or call backs if requested by the Employer unless unusual circumstances prevent the employee from so working. VIII-19 City of Hastings/LELS 2022 -10- 13.6. Employees are entitled to compensatory time off when assigned work by the Police Chief or designee, in excess of the normal work shift. Employees shall have the option of compensatory time off or pay at a rate of one and one-half (1½) for each hour worked, compensatory time off may be banked by the employee to a maximum of eighty (80) hours. All employees must request the use of compensatory time off in the same manner as they request vacation. If an employee is terminated from employment he/she will be compensated for accumulated compensatory time earned up to the above stated maximum. Documentation must be kept for all hours earned and used, and must be approved by the Police Chief or designee. Once an employee elects time worked to be credited at compensatory time, the time must be used as compensatory time off and shall not be paid for, except in the event of termination of employment. 14. Court Time An employee who is required to appear in court during his/her scheduled off-duty time shall receive a minimum of three (3) hours pay at one and one-half (1½) times the employee’s base pay rate. An extension or early report to a regularly scheduled shift for court appearance does not qualify the employee for the three (3) hour minimum. If court is canceled less than 24 hours before the scheduled time, the employee will receive three (3) hours of pay at straight time pay. 15. Call Back Time An employee who is called to duty during his/her scheduled off-duty time shall receive a minimum of two (2) hours’ pay at one and one-half (1½) times the employee’s base pay rate. An extension or early report to a regularly scheduled shift for duty does not qualify the employee for the two (2) hour minimum. 16. Working out of Classification Employees assigned by the Employer to assume the full responsibilities and authority of a higher job classification for five (5) consecutive working days or more shall receive the salary schedule of the higher classification. VIII-19 City of Hastings/LELS 2022 -11- 17. Vacation 17.1 Vacation accrual shall be accumulated on the following basis: Years of Service Annual Accrual Hours 0-1 88 Beginning of 2nd year Beginning of 3rd year Beginning of 4th year Beginning of 5th year 96 104 112 120 Beginning of 6th year 128 Beginning of 7th year 128 Beginning of 8th year 136 Beginning of 9th year 136 Beginning of 10th year 144 Beginning of 11th year 144 Beginning of 12th year 152 Beginning of 13th year 160 Beginning of 14th year 168 Beginning of 15th year 176 Beginning of 20th year 200 17.1. All vacation pay shall be accrued, and in the event an employee’s employment is terminated for any reason, the employee shall receive, upon his/her termination, the vacation pay which he/she have coming to him/her at that time on a pro-rata basis. No more than four consecutive weeks vacation can be taken at one time. 17.2. In computing vacation pay, length of service shall be based upon the anniversary date of the day an employee commences employment. 17.3. Vacation carry over maximums are set at the following: 0-5 years of employment 120 hours maximum 6-10 years of employment 180 hours maximum 11 years and longer of employment 300 hours maximum 18. Sick Leave and Other Leaves of Absence 18.1. Sick Leave: All employees of the City shall be entitled to accumulate one day of sick leave for each month of employment. Sick leave may be used for mental or physical illness, injury or other health condition, or the treatment, diagnosis, care or preventative care, of the employee or family member as defined in Minn. Stat. § 181.9445. Sick leave may also be used due to the domestic abuse, sexual assault or stalking of the employee or family member. Employees may use sick leave due to communicable disease or public emergency as set forth by statute. The Employer may require verification of the use of sick leave when an employee has been absent for three consecutive days. Verification shall be consistent with the requirements of state law. Effective January 1, 1997, employees with sick leave balances in excess of 160 days (eight (8) hours each) shall receive four (4) hours of sick leave (to be placed in a prolonged illness sick leave bank) and four (4) hours of vacation for each month of employment . For employees who have accumulated in excess of 160 days of sick leave, this Agreement shall start from the balance accrued as of January 1, 1997 and shall not be retroactive. VIII-19 City of Hastings/LELS 2022 -12- 18.2. Personal Leave: All employees of the City shall be entitled to four (4) shifts personal leave per occurrence which shall not accumulate. Personal leave for purpose of this paragraph includes and is limited to: Death in the immediate family, death of spouse, parent, brother, sister, child, grandchild, grandparent, and spouse’s parent, brother, sister, child, grandchild, or grandparent. Immediate family also includes “step” family members of the employee or employee’s spouse. 18.3. Jury Duty: Employees’ subpoenaed as witnesses or called and selected for jury duty shall receive his/her regular compensation and other benefits for his/her employment, less the amount received as jurors or witness fees. 18.4. Union Leave: The City agrees to grant the necessary time off without pay to any employee designated to attend a labor convention or to serve in any capacity on other Union business, attend other official Union School or Classes. Union negotiation sessions with the Employer to include mediation and/or arbitration will be attended by both the steward and the alternate steward, without any loss of pay, if such sessions are scheduled when they are on duty. 19. Severance Pay 19.1 If an employee retires at age 65, or as otherwise provided by law, or is forced to retire due to physical condition not allowing them to continue gainful employment, or voluntarily employment with the City after due notice, with the consent of the City, but not if discharged or resigns by the request of the City, all and in each case after ten (10) years of service, he/she will receive fifty percent (50%) of unused sick leave and prolonged illness sick leave, based on his/her current hourly rate, as severance pay of the first 160 days of accumulated sick leave. 19.2 If an employee is killed in the line of duty, 100% of the deceased employee’s unused sick leave will be paid out to the deceased’s estate. 19.3 Retirement Health Savings Plan (RHS)—The Union and the City agree to implement an RHS plan as agreed upon by the membership. It is understood there will be no change to the current level of severance payout calculations. 20. Holidays All employees whose work week is other than regularly scheduled Monday through Friday, shall receive a credit for 132 hours that shall be taken as additional vacation days. Employees scheduled Monday through Friday shall receive an equal number of hours for holidays. These days must be taken during the year in which they are earned. Employees shall earn 5.08 hours of holiday benefit for each pay period or major fraction that the employee works during the contract year. For the eleven (11) holidays that follow, if worked, employees shall be compensated at 1½ times their wage rate: New Year’s Day Labor Day Presidents Day Veterans Day Martin Luther King Day Thanksgiving Day Memorial Day Juneteenth Friday after Thanksgiving Christmas Day July 4th Effective July 1, 2003, when an employee works overtime on Christmas Day, New Year’s Day, 4th of July, or Thanksgiving Day, the employee shall receive double time the rate of pay. 21. Uniform Allowance VIII-19 City of Hastings/LELS 2022 -13- The City will provide the initial uniform. Equipment shall remain the property of the City until after the twenty-fourth (24) month of employment. Upon termination of a probationary employee, all clothing and equipment will be returned to the City of Hastings. a. Following initial issue and upon successful completion of probationary period the annual clothing and equipment allowance shall be Eight Hundred Dollars ($800.00) in 2024 and 2025, subject to approval by Police Chief. 22. Insurance Health 22.1. The City will agree to pay the cost of single health insurance coverage, if such coverage is elected by the employee. The City will agree to contribute a percentage of premium as established by the City Council, towards coverage other than single as offered by the City and elected by the Employee. The City contribution will not be less than 50% and will be reviewed by the Council on a regular basis. The City will contribute 70% towards the premium of family plans and 65% towards the premium of employee plus spouse and employee plus child(ren) plans. Employees will be responsible for paying the remaining percentage of the premium, which will be done through payroll deduction. Regular, full-time employees may not waive single coverage. 22.2 Retirement Health Insurance An employee hired prior to January 01, 1993, who is retiring from the City, with at least ten years of employment and is at least 50 years of age, shall be entitled to City-paid health insurance for a maximum of ten (10) years or until they reach the qualifying age of Medicare, whichever comes first. Any eligible employee electing retirement will only be eligible for City-paid health insurance if they provide four months prior written notification of their intent to retire. However, if due to medical or personal reasons the employee wishes to retire prior to the four month advance notification requirement, and remain eligible for City-paid health insurance for a maximum of 10 years or until they reach the qualifying age of Medicare, the City Council may waive the four-month notification, and may determine with the employee an appropriate retirement date. A request to retire prior to the four-month advance notification requirement must be submitted in writing to the City Administrator for consideration. Effective January 1, 2000, a retiree (hired prior to 1993) eligible for paid health insurance coverage until qualifying for Medicare will be required to be enrolled for family health insurance coverage six (6) months prior to the date of retirement to be eligible for the City- paid family health care coverage. In the event an eligible retiree does not enroll in family health coverage six (6) months prior to their retirement date, the City will only pay the premium for single coverage, and the retiree is responsible for the timely payment of the difference between the single and family monthly premium. Regular full-time employees hired after January 01, 1993 are not eligible for the paid early retirement health insurance benefits. Employees hired after January 1, 1993, who are retiring, may remain on Hastings’ group health insurance indefinitely, at their own expense. The employee shall pay the City in advance on a monthly basis for the cost. The City will then remit payment to the insurance company. When the former employee reaches age 65, the City may transfer the former employee and covered dependents to a non-active employee pool. This indefinite continuation is made available under Minnesota Statute 471.61, which is also known as Chapter 488.Life VIII-19 City of Hastings/LELS 2022 -14- 22.4. All regular employees will receive a Fifty Thousand Dollar ($50,000) Life Insurance Policy, with the full cost of the premiums to be paid by the City. Long Term Disability 22.5. The City will provide a long-term disability insurance policy with no cost to the employee, as follows: Eligibility Each active, full-time employee who works a minimum of thirty (30) hours per week, except temporary employees. Qualifying Period Benefits accrue with respect to any one period of total disability after the expiration of a qualifying period of three (3) consecutive months. Benefit Period Monthly benefits are payable during the continuance of total disability as follows, but in no event are benefits payable beyond the attainment of age 65. A) Total disability due to sickness to age 65. B) Total disability due to accident to age 65. Monthly Schedule Amount Sixty percent (60%) of normal monthly earnings to a maximum benefit of Five Thousand Dollars ($5,000.00). 23. Injured on Duty 23.1. Employees injured while on duty will receive full pay for a maximum of ninety (90) working days while unable to work due to such injury. The first three (3) days lost due to an injury on duty will be charged to the employee’s sick leave account. An employee with no sick leave accumulated will not receive payment for the first three (3) working days lost. 23.2. Any compensation payable to the employee under Worker’s Compensation insurance will be reported to the Employer. The Employer shall make supplementary payments to the employee (not to be charged to the employee’s accumulated sick leave) to make up the difference between Worker’s Compensation and his/her normal rate of pay. 23.3. Any employee who claims an absence from work due to an injury sustained on the job shall provide if requested by the Employer, a statement from the employee’s attending physician as to the nature of the injury. 23.4. Any employee who claims an absence from work due to an injury sustained on the job is subject to an examination to be made on behalf of and paid for by the Employer by a person competent to perform the same and as designated by the Employer. 24. Wages 24.1 Effective January 1, 2024, wages will be adjusted as follows: January 1, 2024 4.0% COLA January 1, 2025 4.0% COLA Start $36.02 $37.46 12 months $40.04 $41.64 24 months $44.65 $46.44 VIII-19 City of Hastings/LELS 2022 -15- 36 months $49.26 $51.23 24.2 The wage differential over Top Patrol for Police Officer(s) temporarily assigned as Investigator/Detective, Drug Task Force Agent, Community Engagement Officer, or School Resource Officer shall be $200.00 per month over Top Patrol, effective January 1, 2022. 24.3 The longevity schedule shall be as follows: Years of Service Longevity Amount* 5 2% 10 3% 15 4% *added to base, above top pay 24.4 A Field Training Officer Payment of two (2) hours of overtime or (3 hours in total) compensatory time when Patrol Officer is actually assigned to work as a Field Training Officer. 24.5 Any Patrol Officer that works during the hours of 6:00 p.m. and 6:00 a.m. will receive payment of an additional $1.00 per hour for each hour worked. 24.6 Instructor Pay: Any Employee that works as a Use of Force instructor in firearms, ALICE, less than lethal, taser, and defensive tactics or medical instructor will be paid at a differential of .5 their hourly rate for each hour spent instructing. 24.7 Employees assigned by the Employer as SWAT officers shall receive additional stipend equal to 2.5 hours for callouts only. Employees must assume the full responsibilities and authority of the assignments to be eligible for additional compensation. Additional stipend shall be paid only once for the same hours worked. Mobile Field Force Officers that are activated by the Employer shall receive a stipend of 1.5 hours. Members must be engaged in an active deployment utilized as a crowd management or dispersal capacity. Officers in a strike team standby or ready state would not qualify for the stipend until such time they are deployed in active crowd management or dispersal capacity. 25. P.O.S.T. Training and License The Employer will provide for the minimum required hours of approved P.O.S.T. Training for licensure. The Employer will also pay the P.O.S.T. License fee for each employee. 26. Waiver 26.1 Any and all prior agreements, resolutions, practices, policies, rules, and regulations regarding terms and conditions of employment, to the extent inconsistent with the provisions of this Agreement, are hereby superseded. 26.2 The parties mutually acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any term or condition of employment not removed by law from bargaining. VIII-19 City of Hastings/LELS 2022 -16- All agreements and understandings arrived at by the parties are set forth in writing in this agreement for the stipulated duration of this Agreement. The Employer and the Union each voluntarily and unqualifiedly waives the right to meet and negotiate regarding any and all terms and conditions of employment referred to or covered in this Agreement or with respect to any term or condition of employment not specifically referred to or covered by this Agreement, even though such terms or conditions may not have been within the knowledge or contemplation of either or both of the parties at the time this Agreement was negotiated or executed. 27. Duration This Agreement shall be effective as of the first day of January, 2024 and shall remain in full force and effect until the thirty-first day of December, 2025. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: Mary D. Fasbender, Mayor Jay Maher, Business Agent Dan Wietecha, City Administrator Dan Vomastek, Union Steward Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -17- Memorandum of Understanding: K-9 Handler This memorandum of understanding is made and entered into between the City of Hastings, Minnesota (“Employer”), and Law Enforcement Labor Services, Inc., representing Local 249. The parties agree as follows: 1. The position of K-9 handler is an assignment created by the Employer, and all of the terms and conditions of the labor agreement apply to the K-9 handler with any exceptions contained in this Memorandum of Understanding. 2. Any officer assigned the position of K-9 handler will be provided a dog that is the property of the City of Hastings. The dog may be given to the K-9 handler at the conclusion of the dog’s law enforcement career, due to age or injury, at the sole discretion of the Employer. 3. The City of Hastings will provide a kennel and dog house at the residence of the K-9 handler, in addition to all necessary food, veterinary services, training equipment and any other items necessary for the K-9 program. The kennel, dog house and any equipment purchased by the City of Hastings will remain the property of the City. 4. Officers assigned to be a K-9 handler will work a normal patrol schedule shift. Officer(s) assigned to be a K-9 handler will be allowed ½ hour from each shift for the care and maintenance of the dog. 5. Training will normally be provided for on a monthly basis and will be part of the normal work schedule when practical. Training outside of the normal work schedule will be compensated as provided in the current labor agreement. 6. Officers assigned to be a K-9 handler will receive the wage differential provided in Article 24.2 of the current labor agreement. 7. The terms of this memorandum are subject to negotiation along with the labor agreement between the two parties. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: Mary D. Fasbender, Mayor Jay Maher, Business Agent Dan Wietecha, City Administrator Dan Vomastek, Union Steward Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -18- Memorandum of Understanding: Schedule This memorandum of understanding is made and entered into between the City of Hastings, Minnesota (“Employer”), and Law Enforcement Labor Services, Inc., representing Local 249. Whereas, the City and Union are parties to a 2018 collective bargaining agreement (“CBA”), which in article 13.5 stipulates payment for training and departmental meetings, etc.; and Whereas, Article 5 stipulates that the City has inherent managerial right to change the schedule; and NOW THEREFORE BE IT RESOLVED, that the parties hereto agree as follows: If the City establishes a schedule that balances to 2080 hours annually (Four Days On –Four Days Off), scheduled mandatory training, and scheduled meetings will be deducted from the time owed the City. The Union and the City agree to balance, scheduled mandatory training, and scheduled meetings through work schedule adjustment as may be required to balance at 2080 hours. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: Mary D. Fasbender, Mayor Jay Maher, Business Agent Dan Wietecha, City Administrator Dan Vomastek, Union Steward Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -19- MEMORANDUM OF UNDERSTANDING: VACATION BIDDING This Memorandum of Understanding is made by and between the City of Hastings (“City”) and Law Enforcement Labor Services, Local 249 (“Union”). WHEREAS, the City and Union are parties to a collective bargaining agreement (“CBA”) in effect from January 1, 2022 through December 31, 2022 and continuing by operation of law; WHEREAS, the CBA addresses vacation bidding by seniority; WHEREAS, the parties wish to implement a revised vacation bidding system; NOWHEREFORE, the parties agree: 1. The vacation bidding periods set forth in Article 9.6 (Summer Choice, Fall Choice, and Winter Choice) shall remain in effect. 2. The past practice of employees submitting three picks during each vacation bidding period shall be revised to two picks during Summer Choice and Fall Choice, and three picks for Winter Choice. 3. A single pick, with one exception, is defined as consecutive calendar days. 4. Once per year, an employee may choose to utilize a pick that is defined as consecutively scheduled work days. 5. The maximum vacation time of four weeks, set forth in Article 17.1, shall be revised to three weeks during the duration of the MOU. 6. The terms of this MOU shall continue for the duration of the 2024-2025 Collective Bargaining Agreement and until a successor agreement is in place. IN WITNESS whereof the parties hereto have hereunto set their hands the date and year affixed below. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: Mary D. Fasbender, Mayor Jay Maher, Business Agent Dan Wietecha, City Administrator Dan Vomastek, Union Steward Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -20- MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into between the City of Hastings (hereafter “City") and Law Enforcement Labor Services, Inc., Local 249 (hereafter "Union"). WHEREAS, the City and the Union have a collective bargaining agreement that allows employees represented by the Union to participate in the Minnesota State Retirement System (MSRS) Post Termination Health Care Savings Plan (HCSP); and WHEREAS, the City and Union wish to establish an initial HCSP in 2019; and WHEREAS, in accordance with the IRS regulations, HCSP's may be modified during a collective bargaining process; NOWHEREFORE, the parties agree hereto agree that the requirements of establishing a HCSP for LELS, Inc., Local 249 will be the following: 1) Employees retiring as of January 1, 2022 will have all 100% of the following put into their HCSP: 1a) 100% of accrued Severance (sick) 1b) 100% of accrued Compensation Time 1c) 100% of accrued Vacation The terms of this Memorandum shall remain in effect through December 31, 2025, unless the parties mutually agree to extend the duration of this Memorandum. IN WITNESS whereof the parties hereto have hereunto set their hands the date and year affixed below. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: Mary D. Fasbender, Mayor Jay Maher, Business Agent Dan Wietecha, City Administrator Dan Vomastek, Union Steward Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -21- Memorandum of Understanding: Mental Health Program This Memorandum of Understanding (“MOU”) is entered into by and between the City of Hastings (“City”) and Law Enforcement Labor Services, Inc., Local 249 (“Union”), on behalf of the Police Sergeants bargaining unit, for the purpose of establishing guidance for an employee mental health program. The City and Union shall collectively be referred to as “the Parties.” WHEREAS, the Hastings Police Department (“Police Department”) recognizes that, during the course of performing their job duties, Police Department employees may become involved in or exposed to incidents that have the potential to cause various forms of short or long- term emotional and psychological trauma; and WHEREAS, the Police Department is committed to supporting the mental health of all its employees by providing them with resources that will help ensure stability and longevity in the personal and professional lives of each employee; and WHEREAS, the Police Department desires to provide employees with cost-free mental health services from a qualified mental health professional that specializes in working with public safety employees; and WHEREAS, the City and Union are parties to a 2024-2026 collective bargaining agreement (“CBA”) which does not contain any negotiated language over the establishment or participation of Police Department employees in a mental health program; and WHEREAS, the Parties agree that the establishment and implementation of a mandated mental health program is the subject of bargaining; and NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals, the Parties hereby agree as follows: 1. Definitions. a. Approved Mental Health Provider. A provider who has the following qualifications: (1) a licensed mental health professional, (2) demonstrated experience in counseling emergency services personnel, (3) received approval by representatives of the applicable labor groups and police administration, and (4) has an established contract with the Police Department. i. For purposes of this definition, “applicable labor groups” includes those representing the police officers and police sergeants. 2. Procedure. The annual mental health check-in program provides Police Department employees with access to a qualified mental health professional. The program is administered under the following guidelines: a. The program is mandatory for both sworn and civilian full-time and regular part- time Police Department employees. b. Eligible employees must complete at least one (1) annual appointment with the Police Department’s approved mental health provider. c. When an employee attends an appointment with the approved mental health provider, the cost of the appointment will be paid by the City. d. Mental health appointments will be scheduled throughout the calendar year at times and locations agreeable to the Police Department and the approved mental health provider. Agreed upon times will be established and posted, generally with a minimum of 30 days’ notice. Available dates will be posted at the Police Department and will be assigned on a first come, first serve basis. Employees may schedule their mental health appointment directly with the approved mental health provider. e. The Police Department agrees to allow employees the necessary time away from their scheduled work duties to attend the mental health appointment, without loss of pay or deduction of leave. VIII-19 City of Hastings/LELS 2022 -22- f. In the event the mental health appointment must be scheduled when an employee is off duty, the employee will be compensated at straight time rate of pay for the appointment and travel to and from the appointment. g. This mental health program is not a replacement for existing Police Department or City programs, including, but not limited to, the Critical Incident Stress Debriefing or the Employee Assistance Program. 3. Mental Health Program Committee. The Police Department shall establish a committee responsible for implementing and managing a mental health appointment and any related programs. The Union Stewards from the applicable bargaining units shall be the representative of their respective bargaining unit. Functions of the committee shall also include, but are not limited to, the following: a. Provide input and assistance in the development and implementation of programs related to mental health. b. Make recommendations on the type and content of mental health awareness and related programs, services, or training. c. Distribute applicable mental health related information to employees. d. Evaluate the overall effectiveness of programs related to mental health. e. Evaluate and recommend approved mental health providers to Police Department administration. f. Participation in the Committee shall not be considered negotiation by the bargaining unit. 4. Confidentiality. The communication between the evaluator and member is privileged and therefore the Police Department considers all mental health appointments, communication during the appointment, and any recommendations as confidential in accordance with the applicable federal and state privacy laws. The approved mental health provider shall be prohibited from sharing any employee information other than confirming with the Police Department that an employee was compliant with the program’s directive by the end of each year. 5. Follow Up Visits. If an employee or the mental health provider feel that services beyond the one (1) required appointment would be needed or beneficial for the employee, the mental health provider may create a referral at the employee’s discretion. These additional appointments are not mandatory. If the employee wishes to schedule follow up appointments with the mental health provider, the employee may schedule those appointments directly with the mental health provider. a. The Police Department will pay for up to six (6) total appointments with the approved mental health provider for each employee per year. After the six (6) appointments, the employee is responsible for the payment of any further appointments; employees are encouraged to utilize their Health Insurance or Healthcare Reimbursement Account for any desired additional services or appointments. 6. Verification: For billing purposes, an employee from the bargaining unit who is scheduling any appointments with the mental health provider within parameters of this MOU, shall submit in writing a statement of “A member of LELS Local No. 462 has scheduled an appointment with Marie Ridgeway and Associates during the week of…” The letter shall be sent through interdepartmental mail to the designated VIII-19 City of Hastings/LELS 2022 -23- HR representative without any identifying information of which member is receiving services, to protect confidentiality. [The Remainder of this Page Intentionally Left Blank] VIII-19 City of Hastings/LELS 2022 -24- IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly authorized representatives. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: __________________________________ ______________________________ Mary D. Fasbender, Mayor Jay Maher, Business Agent __________________________________ _______________________________ Dan Wietecha, City Administrator Dan Vomastek, Union Steward __________________________________ ________________________________ Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City of Hastings/LELS 2022 -25- Memorandum of Understanding: Mandatory Physical Fitness Test This Memorandum of Understanding (hereinafter, “MOU”) is entered into between the City of Hastings, (hereinafter, “City”) and Law Enforcement Labor Services, Inc., Local 249 (hereinafter, “Union”), on behalf of the Police Officers bargaining unit. Whereas, the City and Union are parties to a 2024-2026 collective bargaining agreement (“CBA”), which contains no negotiated language over a mandatory physical fitness test; and Whereas, the City intends to implement a mandatory physical fitness testing program; and Whereas, the parties agree the implementation of a mandatory physical fitness testing program in a mandatory subject of bargaining, and NOW THEREFORE BE IT RESOLVED that the parties hereto agree as follows: 1. There will be a mandatory physical fitness test one time each year. Employees may be offered the opportunity for re-tests later in the year but the re-test will not be mandatory. 2. Employees will be given a pre-test health screening. This screening will consist of a number of “yes” or “no” questions. The screening questionnaire will not be disclosed to the employer. The officer can keep the screening questionnaire for their records. Employees answering “yes” to any questions on the questionnaire are encouraged to visit their doctor to assess their ability to take the physical fitness test. Employees will be given two (2) hours of 2080 time to meet their doctor when a basic form of appointment verification is provided to the employer. 3. An employee not able to participate in the test will inform the Employer and provide a doctor’s slip. The Employee will inform the employer when, if ever, they can take the test. If the test needs to be modified to accommodate an employee’s medical condition, the employee will inform the employer of such accommodation as directed by a physician or other licensed medical authority. An employee not able to participate in the test due to their doctor’s assessment or needs an accommodation shall not be disciplined or ordered to submit to a fitness for duty exam. 4. For purposes of assessing employees, the Concept 2 Rower and Concept 2 Rower Calculator will be used. The Concept 2 Rower engages both the upper and lower parts of the body, inducing the same physiological response in everyone, regardless of athleticism, and does not place any impact on the joints. As a metabolic exercise machine, it is more accurate in demonstrating someone’s ability to perform in a full body incident such as a fight or other high demand event. 5. Employees will attain a minimum standard of 70% based on a 2000-meter row. This minimum requirement is based on an individual’s age, gender, and weight. 6. An employee not meeting the goals above shall not be disciplined, nor ordered to submit to a fitness for duty exam. Every employee will identify their own personal health and/or fitness goals for the purpose of measuring and establishing improvement. 7. In order to further the department’s goal of physical fitness, employees will be allowed up to ten (10) hours of 2080 time to engage in physical fitness training activities at the Hastings Police facility and the department will not change its current work policy. VIII-19 City of Hastings/LELS 2022 -26- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date and year affixed below. CITY OF HASTINGS LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 249 Approved by the Hastings City Council: Approved by LELS Membership: __________________________________ ______________________________ Mary D. Fasbender, Mayor Jay Maher, Business Agent __________________________________ _______________________________ Dan Wietecha, City Administrator Dan Vomastek, Union Steward __________________________________ ________________________________ Kelly Murtaugh, City Clerk Jacob Willers, Union Steward VIII-19 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: December 18, 2023 Item: Committee Meetings Calendar Council Action Requested: Approve 2024 Committee Meeting Calendar Background Information: This past year, we’ve utilize a quarterly meeting calendar for a better and more consistent use of the City Council committee structure. Based on feedback from individual Councilmembers and staff, this has enabled City Council, staff, and the public better able to plan their schedules and meeting agenda. As with this past year, I recommend Administration, Finance, Operations, Parks & Recreation, Planning, Public Safety, and Utilities Committees to have a quarterly meeting schedule. Unless otherwise noted, all meetings would be at 7 pm in the Volunteer Room at City Hall. Nearly all meetings are scheduled for Mondays, on the assumption that Mondays may be generally available for Councilmembers. The calendar should be flexible enough that a meeting might be cancelled in the event there might be no agenda items to discuss. Similarly, a special meeting can be called if a topic might need more immediate attention than the next regularly scheduled meeting. Financial Impact: n.a. Committee Discussion: n.a. Attachment: Committee Meeting Calendar 2024 VIII-20 Committees Meeting Calendar 2024 Updated 12/8/2023 Administration Mon Jan 29 Mon May 27 Mon Aug 12 Wed Nov 13 Finance Mon March 11 Mon May 20 Wed Aug 14 (budget) Wed Aug 21 (budget) Mon Nov 25 Operations Mon Feb 26 Mon June 24 Mon Sept 9 Mon Dec 9 Parks & Rec Mon March 25 Mon June 10 Mon Aug 26 Wed Dec 11 Planning Mon Jan 22 Mon April 8 Mon July 22 Mon Oct 14 Public Safety Mon Jan 8 Mon April 22 Mon July 8 Mon Oct 28 Utilities Mon Feb 12 Mon May 6 Mon Sept 23 Wed Nov 20 NOTES: • Historic Preservation Committee on as-needed basis. • All meetings 7 pm, unless otherwise noted. o Planning – 6 pm o Finance, Wed Aug 14 & 21 – 6 pm (budget meeting) • Meetings may be canceled in advance if not necessary. • Special meetings may be scheduled as needed. VIII-20 Committees Meeting Calendar 2024 Updated 12/8/2023 Mon Tues Wed Thurs Fri Mon Tues Wed Thurs Fri Jan 1 - 5 City Council July 1 - 5 City Council Jan 8 - 12 Public Safety July 8 - 12 Public Safety Jan 15 - 19 City Council July 15 - 19 City Council Jan 22 - 26 Planning July 22 - 26 Planning Jan 29 - Feb 2 Admin July 29 - Aug 2 Feb 5 - 9 City Council Aug 5 - 9 City Council Feb 12 - 16 Utilities Aug 12 - 16 Admin Finance* Feb 19 - 23 City Council Aug 19 - 23 Finance* Feb 26 - March 1 Ops Aug 26 - 30 Parks & Rec March 4 - 8 City Council Sept 2 - 6 City Council March 11 - 15 Finance Sept 9 - 13 Ops March 18 - 22 City Council Sept 16 - 20 City Council March 25 - 29 Parks & Rec Sept 23 - 27 Utilities April 1 - 5 City Council Sept 30 - Oct 4 April 8 - 12 Planning Oct 7 - 11 City Council April 15 - 19 City Council Oct 14 - 18 Planning April 22 - 26 Public Safety Oct 21 - 25 City Council April 29 - May 3 City Council Oct 28 - Nov 1 Public Safety May 6 - 10 Utilities Nov 4 - 8 City Council May 13 - 17 City Council Nov 11 - 15 Admin May 20 - 24 Finance Nov 18 -22 City Council Utilities May 27 - 31 Admin Nov 25 - 29 Finance June 3 - 7 City Council Dec 2 - 6 City Council June 10 - 14 Parks & Rec Dec 9 - 13 Ops Parks & Rec June 17 - 21 City Council Dec 16 - 20 City Council June 24 - 28 Ops Dec 23 - 27 VIII-20 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: December 18, 2023 Item: Commissions Meeting Schedule Council Action Requested: Approve meeting schedule for commissions. Background Information: The City has several appointed citizen commissions and board, which meet on a regular basis. • Arts & Culture Commission – 6:00 pm, 2nd Wednesday of the month • Hastings Economic Development and Redevelopment Authority (HEDRA) – 6 pm, 2nd Thursday of the month • Heritage Preservation Commission – 7:00 pm, 3rd Tuesday of the month • Parks & Recreation Commission – 6:00 pm, 3rd Wednesday of the month • Planning Commission – 7:00 pm, 2nd and 4th Mondays of the month • Public Safety Advisory Commission (PSAC) – 6:30 pm, 3rd Thursdays, every other month starting in January As needed, meetings may be cancelled or rescheduled and special meetings may be added with proper notice. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: No Applicable VIII-21 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #1 Amount 1 INSTALL CIPP LATERAL CONNECTION ON UP TO 6" SERVICE (5 LF) EA 88 $3,800.00 334,400.00$ 42 159,600.00$ -$ 42 159,600.00$ 2 LINING SEWER PIPE 8" LF 4304 $43.25 186,148.00$ 3951 170,880.75$ -$ 3951 170,880.75$ 3 LINING SEWER PIPE 10" LF 292 $57.00 16,644.00$ 292 16,644.00$ -$ 292 16,644.00$ 4 LINING SEWER PIPE 12" LF 337 $66.50 22,410.50$ 337 22,410.50$ -$ 337 22,410.50$ $559,602.50 This Period Total to Date $369,535.25 $369,535.25 CONTRACT AMOUNT SUBTOTALS: PROJECTS: 2023-2 Sanitary Sewer Lining Program $369,535.25 CURRENT PERIODPREVIOUS PAYMENTSTOTAL TO DATE $369,535.25 COMPLETED This Pay Period Request For Payment Total To Date Date: 11/30/2023 Project: 2023 Sanitary Sewer Lining Program Contractor: Musson Bros. Inc. Request Number: 1 Payment Period: 10/1/2023 - 11/30/2023 ITEM NO. DESCRIPTION UNIT CONTRACT AMOUNTS Previous Payments Hastings Project 2023-2 2023 Sanitary Sewer Lining Program Page 1 of 2 VIII-22 V I I I - 2 2 12/08/2023 VIII-22 City Council Memorandum To: Mayor Fasbender & City Council Members From: Dan Wietecha, City Administrator Date: December 18, 2023 Item: Authorize Signature of the WSB LLC Professional Services Agreement for the PFAS Water Treatment Plants (WTPs) & Interconnect Project COUNCIL ACTION REQUESTED Enclosed for City Council consideration is the WSB LLC Professional Services Agreement for the PFAS WTPs & Interconnect Project. BACKGROUND INFORMATION At the December 4, 2023 City Council Meeting, the MPCA Grant Agreement for Drinking Water Planning and Design Funds for PFAS Treatment was approved in the amount of $3,179,366 to cover the cost to design and bid the PFAS WTPs & Interconnect. This included WSB design and bidding services in the estimated not to exceed amount of $2,992,167. The remaining $187,199 included in the Grant Agreement covers the estimated Public Works Director time to coordinate and manage the project for the City. The City Attorney has reviewed the Professional Services Agreement and supports its execution. FINANCIAL IMPACTS The WSB LLC Professional Services Agreement for the PFAS WTPs & Interconnect to the MN Vets Home covers the design and bidding work, which is fully reimbursable under the Grant Agreement. STAFF RECOMMENDATION Staff recommends the Council approve the City’s entry into the WSB LLC Professional Services Agreement for the PFAS WTPs & Interconnect to the MN Vets Home. Note that the PSA will be routed through Docusign and approved electronically with the Mayor and City Clerk as the signatories. IX-01 PROFESSIONAL SERVICES AGREEMENT This Agreement (“Agreement”) is made as of December 5, 2023 (Effective Date), by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota 55033, herein referred to as (“Client”) and WSB LLC, 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416, herein referred to as (“Consultant”) to provide professional services (“Services”) by Consultant in connection with the following project ("Project"): PFAS WTPs & Interconnect in Hastings, Minnesota. ARTICLE 1 - SCOPE AND DESCRIPTION OF SERVICES (“SCOPE OF SERVICES”) Please see the attached Scope of Services and Compensation (“Exhibit A”). ARTICLE 2 - PERIOD OF SERVICE The Services described under Scope of Services shall be completed expeditiously and professionally so as to maintain the agreed upon schedule. The schedule may be modified by the parties by agreement or as a result of an excusable delay caused by Force Majeure, a Client Delay, Change in Law or unforeseen conditions at the Project site. ARTICLE 3 - COMPENSATION Unless otherwise stated in the Scope of Services, Consultant shall perform the work on a time and materials basis and invoice for its work monthly. If not stated in Exhibit A, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Each invoice shall include details for the time and reimbursable expenses incurred the previous month. Reimbursable expenses shall include but are not limited to, travel and lodging, mileage, print and plotting charges, shipping charges, messenger delivery charges, plus all taxes (including sales taxes), fees, including but not limited to permit, application, testing, and recording fees, imposts, or stamps required by State, Federal, Municipal, or other government agencies in the providing of Services. Client agrees to pay all invoices within thirty (30) days of receiving same. Any invoice not paid within thirty (30) days of the original invoice date shall bear interest at the lower of 1.5% per month or the highest rate permitted by applicable law on the unpaid balance. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to suspend work and withhold Instruments of Service (as defined below) until payment in full, including interest, is received. Consultant shall have no liability whatsoever to Client for any costs or damages that result from such suspension or withholding of Instruments of Service, and Consultant shall be entitled to reimbursement of all costs incurred while work is suspended. If Consultant resumes services after payment by Client, the time schedule and fees for remaining Services shall be equitably adjusted. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to commence collection efforts, and all collection costs incurred by Consultant shall become immediately due and payable to Consultant as such collection costs are incurred. Collection costs include, but are not limited to, legal fees, collection agency fees, court costs, and reasonable staff costs for Consultant's staff time spent in efforts to collect the overdue balance. Client’s failure to pay Consultant in accordance with this Agreement shall constitute a material breach of this Agreement and shall be cause for Consultant to suspend performance or terminate this Agreement. If the Services are suspended by Client for more than thirty (30) calendar days, consecutive or aggregate, Consultant shall be compensated for Services performed prior to such suspension. When the Services are resumed, Consultant shall be compensated for time and expenses incurred in the interruption and resumption of Services. Consultant’s fees for the remaining Services and the time schedules shall be equitably adjusted. ARTICLE 4 – ADDITIONAL SERVICES In the event of any changes in the Scope of Services, Client Delay, changed or unforeseen conditions, Change in Law or event of Force Majeure, Client agrees to issue an Amendment for Additional Services (“AAS”) to equitably adjust Consultant’s fees and the time of performance. If Consultant is caused to increase its Scope of Services and Client does not issue an AAS that is acceptable to Consultant, compensation for the expanded Scope of Services shall be on an hourly basis according to Consultant's then-current standard rate schedule (“Rate Schedule”), plus reimbursable expenses. A “Client Delay” shall include a delay caused by the Client failing to make timely decisions, a delay in the delivery of Client ordered equipment or supplies, or a delay by a Client-hired contractor or consultant not timely completing work upon which Consultant’s work is dependent. “Force Majeure” is defined below in Article 13. A “Change in Law” is a change in the applicable laws or regulations applicable to the Project when the change occurs after the date of this Agreement. ARTICLE 5 - CLIENT’S RESPONSIBILITIES Client agrees to provide to Consultant in a timely manner all available information, requirements, and limitations relevant to Consultant's performance of its Scope of Services, including, but not limited to, objectives, schedule, constraints and criteria, space requirements, flexibility, expandability, special equipment, systems, and site requirements. Client furnished information shall also include data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other IX-01 2 land use restrictions; and other special data. Consultant may rely on the accuracy of the Client’s supplied information and use such information in the development of Consultant’s Scope of Services. The accuracy of the Client’s information is the Client’s responsibility. Client shall update any information it provides if Client becomes aware of any changes in circumstances. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. Client shall also notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in construction or design. Client shall furnish right-of-way entry and continuous unimpaired access to the Project site for Consultant to perform its Scope of Services. Client shall also require all Utilities with facilities in the Client’s right of way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. Where appropriate, Client shall endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work. Client shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of the Services, including acting promptly to approve all pay requests or requests for information by Consultant. Client shall furnish the services of other consultants when such services are requested by Consultant and are reasonably required by the scope of the Project. Client shall designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services. Client shall provide such legal, accounting and insurance counseling services as may be required and bear all costs incidental to compliance with the requirements of this article. ARTICLE 6 - INDEMNIFICATION To the fullest extent permitted by law, subject to the limitations set forth below in this Agreement, Client and Consultant shall indemnify and hold harmless the other and its respective directors, officers, employees, and representatives from and against all legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by the indemnitor's negligent acts, errors, or omissions. Neither party shall have a duty to defend the other party and no duty to defend is created by this Agreement. ARTICLE 7 - LIABILITY LIMITATION Client and Consultant have evaluated the parties’ relative risks and benefits associated with this Project, including Consultant's fee relative to the risks assumed, and agree to allocate certain of the associated risks. To the fullest extent permitted by law, the total aggregate liability of Consultant (and its employees and sub-consultants) to Client for all injuries, damages, claims, losses, or expenses (including attorney fees and expert fees) arising out of Consultant's services or this Agreement is limited to the greater of Consultant’s project fee or $50,000, and Client agrees to hold Consultant harmless for any liability more than such amount. This limitation shall apply regardless of available insurance coverage, cause(s), or the theories of liability, including, but not limited to, breach of contract, negligence, contribution, indemnity, or other remedies. ARTICLE 8 - STANDARD OF CARE Consultant will perform the Services in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions in the same locale. EXCEPT AS SPECIFICALLY STATED HEREIN, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES, AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 9 - CONSEQUENTIAL DAMAGES NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. ARTICLE 10 - DISPUTE RESOLUTION If a claim or dispute arises out of or relates to Consultant's Services or this Agreement, the parties shall attempt in good faith to settle such claim or dispute through direct discussions. Any claim or dispute arising out of or related to Consultant's Services or this Agreement (except for collection procedures employed by Consultant and those waived or barred as provided elsewhere in this Agreement) that is not resolved by direct discussions shall be submitted to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Either party may file a request for mediation. Mediation shall be pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. The Mediator shall be selected by the parties within fifteen (15) days of the request for mediation. Mediation shall proceed in advance of IX-01 3 legal or equitable proceedings, which shall be stayed pending the conclusion of mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Minneapolis, Minnesota. Notwithstanding the foregoing, if a claim or dispute between the parties involves, relates to, or is the subject of a mechanic's lien or construction lien arising out of Consultant's Services, Consultant may proceed in accordance with applicable law to comply with all statutory requirements, including those related to lien notice and filing deadlines, prior to the commencement or conclusion of mediation or other form of alternative dispute resolution agreed to by the parties. ARTICLE 11 - TERMINATION Either party may terminate this Agreement for convenience and without cause upon twenty-one (21) calendar days written notice. Either party may terminate this Agreement for cause upon ten (10) calendar days written notice for one or more of the following reasons: 1. The other party's material breach of this Agreement; 2. Assignment of this Agreement without the written consent of the other party; 3. Suspension of the Project or Consultant's Services for more than thirty (30) calendar days, consecutive or aggregate; or 4. Material changes in the conditions under which this Agreement was executed, the Scope of Services, the nature of the Project, or the failure of the parties to reach an agreement on compensation and/or scheduling adjustments necessitated by such changes. In the event of termination of this Agreement by either party, regardless of the reason for termination, Client shall, within fifteen (15) days of termination, pay Consultant in full for all services rendered and costs incurred by Consultant up to the date of termination. Additionally, and notwithstanding any language in this Agreement to the contrary, within sixty (60) days of termination, Client shall reimburse Consultant for all expenses incurred by Consultant in connection with the orderly termination of this Agreement, including, but not limited to, demobilization, reassignment of personnel, associated overhead costs, and all other expenses resulting from the termination. ARTICLE 12 - INSURANCE Consultant shall carry the following insurance: Workers Compensation Statutory Employers Liability $1,000,000 General Liability $1,500,000 Each Occurrence/ $1,500,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Professional Liability $3,000,000 Per Claim/ $3,000,000 Annual Aggregate General Liability shall name the Client as an additional insured. The insurer agrees to give thirty (30) days written notice in the event of cancellation by the insurer. ARTICLE 13 - MISCELLANEOUS A. WORK PRODUCT / DOCUMENT OWNERSHIP Except as otherwise provided in Exhibit B (if applicable), the following shall apply to the ownership of documents and work product: Unless Client requests otherwise, Consultant will provide its documents and materials both in a hard copy and in an electronic format. Because electronic documents may be modified intentionally or inadvertently, Client agrees that Consultant will not be liable for any losses or damages resulting from any change in an electronic document after Consultant transmits it to Client. All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Services for use solely with respect to this Project and, unless otherwise provided, Consultant shall be deemed the owner of these Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyright. If Client has paid Consultant in full for its Services, Client shall be permitted to retain copies, including reproducible copies, of Consultant’s Instruments of Service for Client’s information, reference and use in connection with the Project. Consultant’s Instruments of Service shall not be used by the Client or others on other projects, for additions for this Project or for completion of this Project by others, except with Consultant's agreement in writing and with appropriate compensation to Consultant. In consideration of Client's use of Consultant's Instruments of Service, Client shall, to the fullest extent permitted by law, indemnify and hold harmless Consultant, its directors, officers, agents, and employees from all claims arising out of the reuse or misuse of such Instruments of Service. Under no circumstances shall transfer of the Consultant's Instruments of Service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. IX-01 4 The Consultant agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statues, Chapter 13. B. HAZARDOUS MATERIALS Client represents to Consultant that no hazardous materials exist at the Project site. If there are hazardous materials at the Project site, the Client must inform Consultant of the type, quantity, and location of such hazardous materials. If hazardous materials are discovered at the Project site then Consultant will notify the Client and, to the extent required by law, notify the appropriate governmental authority. If Consultant or any other entity encounters hazardous materials at the Project site then Consultant may without any liability to Client or any other entity suspend services until such time as Client retains the appropriate entities to identify and (as appropriate) abate, remediate, or remove the hazardous material. Client agrees that Consultant has been retained to perform professional services and shall not be required to become an arranger, operator, generator, or transporter of hazardous material (as defined by law). Client hereby agrees to indemnify and hold harmless Consultant for all claims losses and damages arising out of the existence of hazardous materials on the Project site. C. UNDERGROUND UTILITY AND STRUCTURE CLEARANCE Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. D. THIRD-PARTY RELIANCE All Services provided by Consultant are for Client's and Consultant's sole benefit and exclusive use with no third-party beneficiaries intended. Reliance upon the Services and any work product is limited to Client and is not intended to benefit any third party. E. CONSTRUCTION SERVICES If requested by Client in the Scope of Services or AAS, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job site safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an additional service. Consultant and Client shall then enter into an AAS detailing the terms and conditions of the requested project observation. F. SUBMITTALS AND PAY APPLICATIONS If the Scope of Services includes the Consultant reviewing and certifying the amounts due the contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the contractor’s work has progressed to the point indicated and that the quality of the work is in general accordance with the documents issued by the Consultant. The issuance of a certificate for payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Client to substantiate the contractor’s right to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of the contract sum. Contractor shall remain exclusively responsible for its work. If the Scope of Services includes Consultant’s review and approval of submittals from the contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. G. JOB SITE SAFETY Neither the Services of Consultant, nor the presence of Consultant at the construction/Project site, shall relieve Client, general contractor(s), or subcontractor(s) of any of their responsibilities or duties to perform the work in strict accordance with the contract documents and to comply with all health and safety precautions required by any regulatory agency. Consultant does not have IX-01 5 authority or responsibility to control any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that contractors and subcontractors are solely responsible for job site safety and warrants that this intent shall be carried out in Client's contracts with contractors. Client also agrees that Client and its contractor(s), jointly and severally and to the fullest extent permitted by law, shall indemnify and hold harmless Consultant and its employees against any liability related to health, injury, or job site safety. H. OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that that proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of probable construction costs and Client expressly waives any claims related to the accuracy of opinions of probable construction costs. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator as part of its Project responsibilities. I. FORCE MAJEURE To the extent any time for performance applies, the affected party shall not be responsible for any delays due to federal, state or municipal actions or regulations, acts of foreign governments, strikes or other labor shortages, equipment or material delays or shortages, delays in issuing applicable permits, acts or omissions of the other party, inclement weather, pandemic, acts of the public enemy, fires, floods, riots, embargos, other acts of God, government shutdown, unforeseen site conditions or any other events or causes beyond the control of Consultant. J. HEADINGS The headings used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part hereof. K. ASSIGNMENT Client may not assign this Agreement without the written consent of Consultant. L. ENTIRE AGREEMENT This Agreement represents and contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior oral and written agreements and understandings. M. GOVERNING LAW The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Project is located. N. MODIFICATIONS This Agreement may be modified only by a written instrument executed by both parties. O. WAIVER No delay or failure by either party to exercise any right or remedy under this Agreement, and no partial or single exercise of a right or remedy, will waive that or any other right or remedy. P. SEVERABILITY Any invalidity or unenforceability of all or part of a provision of this Agreement shall be severable and shall not affect the validity or enforceability of the remaining part of that provision or other provisions. Q. EXECUTION This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same agreement. Signatures on this Agreement that are transmitted by fax, email or other electronic means shall be valid and binding. R. NO PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy for any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. IX-01 6 S. LIEN NOTICE – APPLICABLE TO PRIVATE PROJECTS IN MINNESOTA ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. T. GENERAL LIEN NOTICE - APPLICABLE TO PRIVATE PROJECTS IN LOCATIONS OTHER THAN MINNESOTA TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A PARTY SUPPLYING LABOR OR MATERIALS FOR IMPROVEMENT TO PROPERTY, WE MAY FILE A LIEN AGAINST YOUR PROPERTY IF WE ARE NOT PAID IN ACCORDANCE WITH THIS AGREEMENT. IX-01 7 IN WITNESS WHEREOF, the parties hereto have made and executed the Agreement as of the day and year first above written. CITY OF HASTINGS WSB LLC By: By: Name: Name: Title: Title: By: Name: Title: IX-01 Exhibit A – Scope of Services and Compensation Page 1 Exhibit A I. Scope of Services An abbreviated outline of the scope of services is listed below. 1. WATER TREATMENT PLANT NO. 1 (WTP NO. 1) A. Design B. Bidding 2. WATER TREATMENT PLANT NO. 2 (WTP NO. 2) A. Design B. Bidding 3. WATER TREATMENT PLANT NO. 3 (WTP NO. 3) A. Design B. Bidding 4. VETERANS HOME WATER SYSTEM INTERCONNECT A. Design B. Bidding The attached “Detailed Scope of Services” page lists subtasks for Tasks 1 through 4. The attached “Project Schedule” page depicts the anticipated schedule for Tasks 1 through 4. II. Compensation Compensation for the scope of services will be rendered on an hourly basis not to exceed the amount of $2,992,166, as detailed below. 1. WATER TREATMENT PLANT NO. 1 (WTP NO. 1) Design $756,726 Bidding $39,591 Total .............................................. $796,317 2. WATER TREATMENT PLANT NO. 2 (WTP NO. 2) Design $1,064,876 Bidding $45,042 Total ........................................... $1,109,918 3. WATER TREATMENT PLANT NO. 3 (WTP NO. 3) Design $888,654 Bidding $43,076 Total .............................................. $931,730 4. VETERANS HOME WATER SYSTEM INTERCONNECT Design $138,356 Bidding $15,846 Total .............................................. $154,202 TOTAL ......................................... $2,992,167 III. Assumptions 1. Subconsultant fees account for approximately 20% of the total estimated fee. 2. The estimated fees include coordination of rapid small scale column testing (RSSCT) of GAC media and other water quality analysis, but they do not include the outside laboratory costs for the testing itself. The additional laboratory fees are not expected to exceed $50,000 per WTP. 3. Costs associated with vehicle mileage, correspondence, office equipment, and mailing are included in the hourly billing rates and will not be charged separately as reimbursable expenses. The total estimated fee will not be exceeded without prior authorization. IX-01 Exhibit A – Scope of Services and Compensation Page 2 IV. Exclusions 1. Funding assistance is currently limited to technical expertise and materials for staff use. However, attendance at funding discussions or other additional funding assistance can be provided on an hourly basis if requested. IX-01 TASK 1 - WATER TREATMENT PLANT NO. 1 (WTP NO. 1) TASK 2 - WATER TREATMENT PLANT NO. 2 (WTP NO. 2) TASK 4 - VETERANS HOME WATER SYSTEM INTERCONNECT TASK 3 - WATER TREATMENT PLANT NO. 3 (WTP NO. 3) A DESIGN PHASE A DESIGN PHASE A.1 Kick-off meeting with City staff to confirm overall objectives.A.1 Kick-off meeting with City staff to confirm overall objectives. A.2 Kick-off meeting with design team at WSB.A.2 Kick-off meeting with design team at WSB. A.3 Coordinate rapid small scale column test (RSSCT) of GAC media with an outside laboratory.* A.3 A.4 Complete topographical site survey.A.4 Complete topographical site survey. A.5 Obtain all required geotechnical evaluations (6 soil borings and geotechnical report). A.5 Obtain all required geotechnical evaluations (15 soil borings and geotechnical report). A.6 Provide wetland delineation.A.6 Provide wetland delineation. A.7 Prepare SWPPP Plan.A.7 Prepare SWPPP Plan. A.8 Complete preliminary design (site layout, site utilities sizing, sanitary sewer capacity). A.8 Complete preliminary design (watermain layout and sizing, PRV sizing). A.9 Prepare plans and specifications for 12-inch raw watermain.A.3 A.10 Attend up to three (3) virtual design progress meetings with City Staff during final design process to address any outstanding issues, to coordinate plan and specification reviews, and to review the project schedule for the 30%, 60%, 90%, and Final plans and specifications. A.10 Attend up to three (3) virtual design progress meetings with City and Veterans Home Staff during final design process to address any outstanding issues, to coordinate plan and specification reviews, and to review the project schedule for the 30%, 60%, 90%, and Final plans and specifications. A.11 Apply for and secure all required permits from regulatory agencies. A.11 Apply for and secure all required permits from regulatory agencies. A.12 Prepare and present 30% plans to City Council to obtain input on accommodations for educational tours, acceptable design aesthetics, and construction materials. A.12 Prepare and present 30% plans to City and Veterans Home Staff. A.13 Prepare and present Final plans and specifications to City Council for approval and authorization to advertise bids. A.13 Prepare and present Final plans and specifications to City Council for approval and authorization to advertise bids. A.14 Structural (Design Tree)A.14 A.15 Architectural (Oertel Architects)A.15 A.16 Mechanical (Design Tree)A.16 A.17 Electrical (Design Tree)A.17 B BIDDING PHASE B BIDDING PHASE B.1 Prepare and publish advertisements for bids in accordance with applicable State laws pertaining to competitive bids. B.1 Prepare and publish advertisements for bids in accordance with applicable State laws pertaining to competitive bids. B.2 Publish and administer advertisements for bids on QuestCDN.B.2 Publish and administer advertisements for bids on QuestCDN. B.3 Receive and respond to questions from plan holders.B.3 Receive and respond to questions from plan holders. B.4 Conduct bid opening on QuestCDN.B.4 Conduct bid opening on QuestCDN. B.5 Check bids for errors and omissions.B.5 Check bids for errors and omissions. B.6 Tabulate all bids and provide tabulation to the City.B.6 Tabulate all bids and provide tabulation to the City. B.7 Provide a letter of recommendation for awarding the bid.B.7 Provide a letter of recommendation for awarding the bid. B.8 Structural (Design Tree)B.8 B.9 Architectural (Oertel Architects)B.9 B.10 Mechanical (Design Tree)B.10 B.11 Electrical (Design Tree)B.11 TASKS 1-3 TASK 4 Detailed Scope of Services G:\GROUP DATA\WaterWastewater\Proposals\Hastings\PFAS and Nitrate WTPs and Vets Home\Hastings WTPs and Vets Home Design, Bidding, and Construction Services Proposed Fees IX-01 Project Schedule | 28A Proposal for Water Treatment Plants for PFAS and Nitrate Removal and Minnesota Veterans Home of Hastings Water Interconnection for the City of Hastings Project Schedule * If an IX pilot study becomes necessary, the design schedule above will need to be extended by 3 to 6 months. TASK 2023 2024 2025 OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DE C WTP NO. 1 CITY ISSUES NOTICE TO PROCEED DESIGN* BIDDING CONSTRUCTION TASK 2024 2025 2026 AU G SE P OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P WTP NO. 2 DESIGN* BIDDING CONSTRUCTION TASK 2024 2026 2027 JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DE C JA N - DE C JA N - DE C VETERANS HOME WATER INTERCONNECTION DESIGN BIDDING & CONSTRUCTION TASK 2025 2026 2027 AU G SE P OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P OC T NO V DE C JA N FE B MA R AP R MA Y JU N JU L AU G SE P WTP NO. 3 DESIGN* BIDDING CONSTRUCTION COORDINATED WITH CAMPUS RECONSTRUCTION TASK 1 TASK 2 TASK 3 TASK 4 IX-01 2024 Rate Schedule WSBENG.COM Billing Rate/Hour SR. PRINCIPAL | SR. ASSOCIATE $249 – $265 PRINCIPAL | ASSOCIATE $184 – $237 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $184 – $237 PROJECT MANAGER | PROJECT MANAGER ASSISTANT $90 – $180 PROJECT ENGINEER | GRADUATE ENGINEER $108 – $179 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $72 – $177 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $82 – $172 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $73 – $170 PLANNER | SR. PLANNER $85 – $177 GIS SPECIALIST | SR. GIS SPECIALIST $82 – $177 CONSTRUCTION OBSERVER $110 – $143 SURVEY Survey Office Technician $128 – $159 Drone Pilot $186 One-Person Crew $186 Two-Person Crew $250 OFFICE TECHNICIAN $64 – $140 Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. IX-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: December 18, 2023 Item: Second Reading: New MRCCA Ordinance with Related Amendments Council Action Requested Consider second and final reading of the following actions amending Hastings City Codes pertaining to adopting the new MRCCA (Mississippi River Corridor Critical Area) chapter: 1) New City Code Chapter 152A - MRCCA (Mississippi River Corridor Critical Area) Ordinance. 2) Amend Chapter 155.01 - Zoning Map with proposed MRCCA overlay districts. 3) Amend Chapter 155.08 - Zoning code related to weeds and grasses near signs. 4) Amend Chapter 158.04 - Property Maintenance Requirements related to weeds and grasses. 5) Amend Chapter 90.05 - Grass, Weeds, And Trees In Streets 6) Amend Chapter 95.21 - Public Nuisances Affecting Health pertaining to vegetation A simple majority is necessary for action. Proposed Changes The proposed amendments accomplish the following: • Adopt a new state mandated MRCCA plan adding additional restrictions and permits for development, redevelopment, land uses, land alteration, vegetation modification, and similar for about 170 properties withing the MRCCA corridor. • Add the state delineated MRCCA overlay districts to the zoning map. • Modify several weed and grass ordinances to assure they are not contrary to the native and natural planting provisions of the new MRCCA ordinance. The normal weed and grass length requirements will largely not be enforceable in the corridor. Background The MRCCA is a 72-mile corridor along the Mississippi River through the Twin Cities, including Hastings. Originally created as The Critical Areas Act in 1973 with subsequent reiterations until the Minnesota Legislature in 2017 passed MN Rules, Chapter 6106 requiring adoption of local (i.e., City) controls to implement MRCCA development standards. X-C-01 (a-f) The purpose is to maintain the natural and scenic character and minimize negative impacts to riparian areas and bluffs. This is accomplished by additional development regulations beyond Zoning, Floodplain, and Shoreland Management ordinances. See the attached November 27, 2023 Planning commission staff report for further information. Advisory Commission Discussion: The Planning Commission reviewed changes to the first four amendments listed at their November 27, 2023 meeting, since land use chapters require Planning Commission review. The Planning Commission recommended approval 6-0. The only one to speak during the public hearing was Colleen O’Connor Toberman with the friends of the Mississippi River. She also included the attached letter commenting that optional language should be included requiring certain additional finding beyond what is already required for variances in general and pertaining to MRCCA ordinance in general. Staff commented that the additional language for findings was included for CUPs (Conditional Use Permits). However, staff does not believe they are very relatable to variances. Additionally, State Statutes regulating variances do not include these additional burdens being suggested. The letter also commented that the template ordinance notification timeline of 10-days to required agencies should be increased. Staff commented that 10- days is a standard notification period that has worked and lengthening it will delay applications. Staff said in cases where more time or information is required, they have held back review until appropriate. Public Input and Open House The proposed ordinance template and district boundaries come from state legislation and the ability for municipalities to modify them is limited. Any modifications must be approved by the DNR with findings that the intent remain unchanged. Staff held an open house on November 13 at City Hall from 5:00 pm to 6:30 pm. All ~170 properties within the corridor overlay were mailed a notice explaining the proposal and provided notice of the open house and public hearing. Folks were also encouraged to reach out to staff with any questions they had related to their specific properties. There were about 20-25 people in attendance. Those in attendance listened to a summary of the proposal and asked related questions. Aside from the open house, staff has only received a couple of questions by phone. There have been inquiries pertaining to the impact on property owners’ ability to protect their Mississippi River shoreline from erosion after adoption of the MRCCA. The proposed ordinance requires the following: - Work below the OHWL (Ordinary High Water Level) still requires interagency approval (DNR/ Army Corps of Engineers). - A permit to repair existing rock riprap, retaining walls, and other erosion control structures above the OHWL will not require a new MRCCA permit provided it does not involve any land alteration. - Construction or replacement of rock riprap, retaining walls, and other erosion control structures may be allowed with a new MRCCA permit, provided that: o The DNR has already approved any proposed work below the OHWL, if applicable. X-C-01 (a-f) o The structures are used only to correct an established erosion problem as determined by the City. o The size and extent of the structures are the minimum necessary to correct the erosion problem. Attachments: • Resolution o New Ordinance - Chapter 152A o Ordinance Amendment - Chapter 155.01 o Ordinance Amendment - Chapter 155.08 o Ordinance Amendment - Chapter 158.04 o Ordinance Amendment - Chapter 90.05 o Ordinance Amendment - Chapter 95.21 • Planning Commission Staff Report - November 27, 2023 • Letter from Friends of the Mississippi River – November 22, 2023 X-C-01 (a-f) ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING HASTINGS CITY CODE REGARDING MISSISSIPPI RIVER CORRIDOR CRITICAL AREA REGULATIONS, ZONING OVERLAY DISTRICTS AND WEED AND GRASS PROVISIONS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 152A, Section 152A.01: Mississippi River Corridor Critical Area, shall be enacted as follows: 152A.01 AUTHORITY, INTENT AND PURPOSE A. Statutory Authorization. This Mississippi River Corridor Critical Area (MRCCA) § 152A is adopted pursuant to the authorization and policies contained in Minnesota Statutes, Chapter 116G, Minnesota Rules, Parts 6106.0010 - 6106.0180, and the planning and zoning enabling legislation in Minnesota Statutes, Chapter 462 and 473. B. Policy. The Legislature of Minnesota has delegated responsibility to local governments of the state to regulate the subdivision, use and development of designated critical areas and thus preserve and enhance the quality of important historic, cultural, aesthetic values, and natural systems and provide for the wise use of these areas. C. Purpose. The Mississippi River Corridor Critical Area Regulations are intended to: 1. Establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River's resources and features consistent with the natural and built character of each district. 2. Identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. 3. Establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. 4. Establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA Plan. 5. Establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA Plan while recognizing that they serve the public interest by providing access to the Mississippi River corridor or require locations within the river corridor and therefor require some flexibility. X-C-01 (a-f) 6. Establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and critical area steep slopes and ensure stability of other erosion- prone areas. 7. Establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion. 8. To create standards for subdivisions and development or redevelopment of large sites that protect and enhance the natural and scenic value of the MRCCA, protect and restore biological and ecological functions of primary conservation areas, and encourage restoration of natural vegetation where restoration opportunities have been identified in the MRCCA Plan. 152A.02 GENERAL PROVISIONS AND DEFINITIONS A. Jurisdiction. The provisions of this § 152A apply to land within the river corridor boundary as described in the State Register, volume 43, pages 508 to 519 and shown on the Zoning Overlay Map § 155.01. B. Enforcement. The City of Hastings is responsible for the administration and enforcement of this § 152A. Any violation of its provisions or failure to comply with any of its requirements including violations of conditions and safeguards established in connection with grants of variances or conditional uses constitutes a misdemeanor and is punishable as defined by law. Penalty, see § 10.99. Violations of this § 152A can occur regardless of whether or not a permit is required for a regulated activity listed in Section 152A.03,B. C. Severability. If any section, clause, provision, or portion of this § 152A is judged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this § 152A shall not be affected thereby. D. Abrogation and Greater Restrictions. It is not intended by this § 152A to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this § 152A imposes greater restrictions, the provisions of this § 152A shall prevail. All other § 152A inconsistent with this § 152A are hereby repealed to the extent of the inconsistency only. E. Underlying Zoning. Uses and standards of underlying zoning districts apply except where standards of this overlay district are more restrictive. F. Definitions. Unless specifically defined below, words or phrases used in this § 152A shall be interpreted to give them the same meaning they have in common usage and to give this § 152A its most reasonable application. For the purpose of this § 152A, the words “must” and “shall” are mandatory and not permissive. All distances, unless otherwise specified, are measured horizontally. 1. Access path. An area designated to provide ingress and egress to public waters. 2. Adjacent. Having a boundary that physically touches or adjoins. 3. Agricultural use. A use having the meaning given under Minnesota Statutes, section 40A.02. 4. Alternative design. Subdivision design methods such as conservation design, transfer of development density, or similar zoning and site design techniques that protect open space and natural areas. X-C-01 (a-f) 5. Biological and ecological functions. The functions of vegetation in stabilizing soils and slopes, retaining and filtering runoff, providing habitat, and recharging groundwater. 6. Bluff. A natural topographic feature having: a. A slope that rises at least 25 feet where the grade of the slope averages 18 percent or greater, from the toe of the bluff to the top of the bluff, or from the OHWL to the top of bluff, whichever is more restrictive. See Figure 1; or Figure 1. Bluff b. A natural escarpment or cliff with a slope that rises at least ten feet above the ordinary high water level or toe of the slope, whichever is applicable, to the top of the slope, with a slope of 75 degrees or greater. See Figure 2. Figure 2. Natural Escarpment Bluff and Bluff Impact Zone 7. Bluff impact zone (BIZ). A bluff and land located within 20 feet of the bluff. See Figure 2 for natural escarpment or cliff example and Figure 3 for more common bluff example. Figure 3. Bluff Impact Zone, Bluffline, Toe of bluff, and Top of Bluff X-C-01 (a-f) 8. Bluffline. A line delineating the top of the bluff. More than one bluffline may be encountered proceeding landward from the river. See Figures 2 for natural escarpment or cliff example and Figure 3 for more common bluff example. 9. Bluff, Toe of. The lower point of a 25-foot horizontal segment with an average slope exceeding 18 percent, requiring field verification. See Figure 3. 10. Bluff, Top of. The higher point of a 25-foot horizontal segment with an average slope exceeding 18 percent, requiring field verification. See Figure 3. 11. Buildable area. The area upon which structures may be placed on a lot or parcel of land and excludes areas needed to meet requirements for setback, rights-of-way, bluff impact zones, historic properties, wetlands, designated floodways, land below the ordinary high water level of public waters, and other unbuildable areas. 12. Building. A structure with two or more outside rigid walls and a fully secured roof and affixed to a permanent site. 13. Certificate of compliance. A document written after a compliance inspection, certifying that the development complies with applicable requirements at the time of the inspection. 14. Commissioner. The commissioner of the Minnesota Department of Natural Resources. 15. Conditional use. A use having the meaning given under Minnesota Statutes, chapters 394 and 462. 16. Conservation design. A pattern of subdivision that is characterized by grouping lots within a portion of a parcel, where the remaining portion of the parcel is permanently protected as open space. 17. Conventional subdivision. A pattern of subdivision that is characterized by lots that are spread regularly throughout a parcel in a lot and block design. 18. Deck. A horizontal, unenclosed, aboveground level structure open to the sky, with or without attached railings, seats, trellises, or other features, attached or functionally related to a principal use or site. 19. Developer. Having the meaning given under Minnesota Statutes, section 116G.03. 20. Development. Having the meaning given under Minnesota Statutes, section 116G.03. 21. Directional Sign. signage instituted to provide site identification, directions, and basic information necessary for safe and efficient arrival. 22. Discretionary action. An action under this chapter related to land use that requires a public hearing by local ordinance or statute, such as preliminary plats, final subdivision plats, planned unit developments, conditional use permits, special use permits, interim use permits, variances, appeals, and rezonings. 23. Dock. Having the meaning given under Minnesota Rules, chapter 6115. 24. Electric power facilities. Equipment and associated facilities for generating electric power or devices for converting wind energy to electrical energy as identified and defined under Minnesota Statutes, section 216E. 25. Essential services. Underground or overhead gas, electrical, communications, steam, or water distribution, collection, supply, or disposal systems, including storm water. Essential services include poles, wires, mains, drains, pipes, conduits, cables, fire alarm X-C-01 (a-f) boxes, traffic signals, hydrants, navigational structures, aviation safety facilities or other similar equipment and accessories in conjunction with the systems. Essential services does not include buildings, treatment works as defined in Minnesota Statutes, section 115.01, electric power facilities or transmission services. 26. Feedlot. Having the meaning given for animal feedlots under Minnesota Rules chapter 7020. 27. Floodplain. Having the meaning given the meaning given under Minnesota Rules chapter 6120. 28. Fully reconstructs. The reconstruction of an existing impervious surface that involves site grading and subsurface excavation so that soil is exposed. Mill and overlay and other resurfacing activities are not considered fully reconstructed. 29. Hard-surface trail. A trail surfaced in asphalt, crushed aggregate, or other hard surface, for multi-purpose use, as determined by local, regional, or state agency plans. 30. Historic property. An archaeological site, standing structure, site, district, or other property that is: a. Listed in the National Register of Historic Places or the State Register of Historic Places or locally designated under Minnesota Statutes, chapter 471; b. determined to meet the criteria for eligibility to the National Register of Historic Places or the State Register of Historic Places as determined by the director of the Minnesota Historical Society; or c. An unplatted cemetery or burial that falls under the provisions of Minnesota Statutes, chapter 307, in consultation with the Office of the State Archaeologist. 31. Impervious surface. A constructed hard surface that either prevents or retards the entry of water into the soil and causes water to run off the surface in greater quantities and at an increased rate of flow than prior to development. Examples include rooftops, decks, sidewalks, patios, parking lots, storage areas, and driveways, including those with concrete, asphalt, paver or gravel surfaces. 32. Intensive vegetation clearing. The removal of all or a majority of the trees or shrubs in a contiguous patch, strip, row, or block. 33. Interim use. A use having the meaning given under Minnesota Statutes, chapters 394 and 462. 34. Land alteration. An activity that exposes the soil or changes the topography, drainage, or cross section of the land, excluding gardening or similar minor soil disturbances. 35. Local government. Counties, cities, and townships. 36. Lot. Having the meaning given under Minnesota Rules chapter 6120. 37. Lot width. The shortest distance between lot lines measured at both the ordinary high water level and at the required structure setback from the ordinary high water level. See Figure 4. X-C-01 (a-f) Figure 4. Lot Width 38. Marina. Having the meaning given under Minnesota Rules chapter 6115. 39. Mississippi River Corridor Critical Area (MRCCA). The area within the River Corridor Boundary (See § 152A.02,69). 40. Mississippi River Corridor Critical Area (MRCCA) Plan. A chapter in the Hastings comprehensive plan. 41. Mooring facility. Having the meaning given under Minnesota Rules part 6115.0170. 42. Native plant community. A plant community identified by the Minnesota Biological Survey or biological survey issued or adopted by a local, state, or federal agency. 43. Natural-surface trail. A trail composed of native soil and rock or compacted granular stone, primarily intended for hiking, equestrian, or mountain bike use, as determined by local, regional, or state agency plans. 44. Natural vegetation. Any combination of ground cover, understory, and tree canopy that, while it may have been altered by human activity, continues to stabilize soils, retain and filter runoff, provide habitat, and recharge groundwater. 45. Nonconformity. Having the meaning given under Minnesota Statutes, section 394.22. 46. Nonmetallic mining. Construction, reconstruction, repair, relocation, expansion, or removal of any facility for the extraction, stockpiling, storage, disposal, or reclamation of nonmetallic minerals such a stone, sand, and gravel. Nonmetallic mining does not include ancillary facilities such as access roads, bridges, culverts, and water level control structures. For purposes of this subpart, “facility” includes all mine pits, quarries, stockpiles, basins, processing structures and equipment, and any structures that drain or divert public waters to allow mining. 47. Off-premises signs. Those signs that direct attention to an item or location that is not exclusively related to the premises where the sign is located. 48. Ordinary high water level (OHWL). Having the meaning given under Minnesota Statutes, section 103G.005. 49. Overlay district. A zoning district applied over one or more previously established zoning districts, establishing additional or stricter standards and criteria for covered properties in addition to those of the underlying zoning district. Overlay districts are often used to protect historic features and natural resources such as shoreland or floodplain. 50. Parcel. Having the meaning given under Minnesota Statutes, section 116G.03. X-C-01 (a-f) 51. Patio. A constructed hard surface located at ground level with no railings and open to the sky. 52. Picnic shelter. A roofed structure open on all sides, accessory to a recreational use. 53. Planned unit development (PUD). A method of land development that merges zoning and subdivision controls, allowing developers to plan and develop a large area as a single entity, characterized by a unified site design, a mix of structure types and land uses, and phasing of development over a number of years. Planned unit development includes any conversion of existing structures and land uses that utilize this method of development. 54. Plat. Having the meaning given under Minnesota Statutes, sections 505 and 515B. 55. Port. A water transportation complex established and operated under the jurisdiction of a port authority according to Minnesota Statutes, chapter 458. 56. Primary conservation areas (PCAs). Key resources and features identified in City plans, including shore impact zones, bluff impact zones, floodplains, wetlands, gorges, areas of confluence with tributaries, natural drainage routes, unstable soils and bedrock, native plant communities, historic properties, and significant existing vegetative stands, tree canopies, and similar identified resources. 57. Private facilities. Private roads, driveways, and parking areas, private water access and viewing facilities, decks and patios in setback areas, and private signs. 58. Professional engineer. An engineer licensed to practice in Minnesota. 59. Public facilities. Public utilities, public transportation facilities, and public recreational facilities. 60. Public recreation facilities. Recreational facilities provided by the state or a local government and dedicated to public use, including parks, scenic overlooks, observation platforms, trails, docks, fishing piers, picnic shelters, water access ramps, and other similar water-oriented public facilities used for recreation. 61. Public river corridor views (PRCVs). Views toward the river from public parkland, historic properties, and public overlooks, as well as views toward bluffs from the ordinary high water level of the opposite shore, as seen during the summer months and documented in the MRCCA plan/chapter of the comprehensive plan. 62. Public transportation facilities. All transportation facilities provided by federal, state, or local government and dedicated to public use, such as roadways, transit facilities, railroads, and bikeways. 63. Public utilities. Electric power facilities, essential services, and transmission services. 64. Public waters. Having the meaning given under Minnesota Statutes, section 103G.005. 65. Readily visible. Land and development that are easily seen from the ordinary high water level of the opposite shore during summer months. 66. Resource agency. A federal, state, regional, or local agency that engages in environmental, natural, or cultural resource protection or restoration activities, including planning, implementation, and monitoring. 67. Retaining wall. Vertical or nearly vertical structures constructed of mortar and rubble masonry, rock, or stone regardless of size, vertical timber pilings, horizontal timber planks with piling supports, sheet pilings, poured concrete, concrete blocks, or other durable materials. X-C-01 (a-f) 68. Rock riprap. Natural coarse rock placed or constructed to armor shorelines, streambeds, bridge abutments, pilings and other shoreline structures against scour, or water or ice erosion. 69. River corridor boundary. The boundary approved and adopted by the Metropolitan Council under Minnesota Statutes, section 116G.06, as approved and adopted by the legislature in Minnesota Statutes, section 116G.15, and as legally described in the State Register, volume 43, pages 508 to 518. 70. River-dependent use. The use of land for commercial, industrial, or utility purposes, where access to and use of a public water feature is an integral part of the normal conduct of business and where the use is dependent on shoreline facilities. 71. Selective vegetation removal. The removal of isolated individual trees or shrubs that are not in a contiguous patch, strip, row, or block and that does not substantially reduce the tree canopy or understory cover. 72. Setback. A separation distance measured horizontally. 73. Shore impact zone (SIZ). Land located between the ordinary high water level of public waters and a line parallel to it at a setback of 50 percent of the required structure setback or, for agricultural use, 50 feet landward of the ordinary high water level. See Figure 4. Figure 4. Shore Impact Zone 74. Shoreline facilities. Facilities that require a location adjoining public waters for ingress and egress, loading and unloading, and public water intake and outflow, such as barge facilities, port facilities, commodity loading and unloading equipment, watercraft lifts, marinas, short-term watercraft mooring facilities for patrons, and water access ramps. Structures that would be enhanced by a shoreline location, but do not require a location adjoining public waters as part of their function, are not shoreline facilities, such as restaurants, bait shops, and boat dealerships. 75. Steep slope. A natural topographic feature with an average slope of 12 to 18 percent, measured over a horizontal distance equal to or greater than 50 feet, and any slopes greater than 18 percent that are not bluffs. 76. Storm water management facilities. Facilities for the collection, conveyance, treatment, or disposal of storm water. 77. Structure. A building, sign, or appurtenance thereto, except for aerial or underground utility lines, such as sewer, electric, telephone, or gas lines, and utility line towers, poles, and other supporting appurtenances. X-C-01 (a-f) 78. Subdivision. Having the meaning given under Minnesota Statutes, section 462.352. 79. Subsurface sewage treatment system. Having the meaning given under Minnesota Rules, part 7080.1100. 80. Transmission services. a. Electric power lines, cables, pipelines, or conduits that are: (1) used to transport power between two points, as identified and defined under Minnesota Statutes, section 216E.01, Subd. 4; or (2) for mains or pipelines for gas, liquids, or solids in suspension, used to transport gas, liquids, or solids in suspension between two points; and b. Telecommunication lines, cables, pipelines, or conduits. 81.Treeline. The more or less continuous line formed by the tops of trees in a wooded area when viewed from a particular point. The treeline is determined during all seasons as if under full foliage. 82.Variance. Having the meaning given under Minnesota Statutes, section 394.22. 83. Water access ramp. A boat ramp, carry-down site, boarding dock, and approach road, or other access that allows launching and removal of a boat, canoe, or other watercraft with or without a vehicle and trailer. 84.Water-oriented accessory structure. A small building or other improvement, except stairways, fences, docks, and retaining walls, that, because of the relationship of its use to public waters, needs to be located closer to public waters than the normal structure setback. Examples include gazebos, screen houses, fish houses, pump houses, and detached decks and patios. 85.Water quality impact zone. Land within the shore impact zone or within 50 feet of the OHWL of the river, whichever is greater, AND land within 50 feet of a public water, wetland, or natural drainage route. 86. Wetland. Having the meaning given under Minnesota Statutes, section 103G.005. 87. Wharf. Having the meaning given under Minnesota Rules, part 6115.0170. 152A.03 ADMINISTRATION A. Purpose. The purpose of this Section is to identify administrative provisions to ensure this chapter is administered consistent with its purpose. B. Permits. A permit is required for the construction of buildings or building additions (including construction of decks and signs), the installation and/or alteration of sewage treatment systems, vegetation removal consistent with § 152A.09 and land alterations consistent with § 152A.10. C. Variances. Variances to the requirements under this § 152A may only be granted in accordance with Minnesota Statutes, Section 462.357, § 30.02, and must consider the potential impacts of variances on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the variance application, the Board of Zoning Adjustment and Appeals shall: 1. Evaluate the impacts to these resources. If negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, consistent with § 152A.03,E and X-C-01 (a-f) 2. Make written findings that the variance is consistent with the purpose of § 30.02 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. D. Conditional and interim use permits. All conditional and interim uses, allowed under this ordinance, must comply with § 30.02 and Minnesota Statutes, section 462.3595 and must consider the potential impacts on primary conservation areas, public river corridor views, and other resources identified in the MRCCA plan. In reviewing the application, the City shall: 1. Evaluate the impacts to these resources and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts, § 152A.03,E; and 2. Make written findings that the conditional use is consistent with the purpose of this ordinance as follows. a. The extent, location and intensity of the conditional use will be in substantial compliance with the MRCCA Plan; b. The conditional use is consistent with the character and management purpose of the MRCCA district in which it is located; c. The conditional use will not be detrimental to PCAs and PRCVs nor will it contribute to negative incremental impacts to PCAs and PRCVs when considered in the context of past, present, and reasonable future actions; and E. Conditions of Approval. The Planning Department shall evaluate the impacts to PCAs, PRCVs, and other resources identified in the MRCCA Plan, and if negative impacts are found, require conditions to mitigate the impacts that are related to and proportional to the impacts. Mitigation may include: 1. Restoration of vegetation identified as “vegetation restoration priorities” identified in the MRCCA plan. 2. Preservation of existing vegetation; 3. Stormwater runoff management; 4. Reducing impervious surface; 5. Increasing structure setbacks; 6. Wetland and drainage route restoration and/or preservation; 7. Limiting the height of structures 8. Modifying structure design to limit visual impacts on PRCVs; and 9. Other conservation measures. F. Application materials. Applications for permits and discretionary actions required under this § 152A must submit the following information in addition to other items required by the discretionary action unless the Community Development Director determines that the information is not needed. 1. A detailed project description; and 2. Scaled maps and plans, dimensional renderings, maintenance agreements, and other materials that identify and describe: a. Primary conservation areas; b. Public river corridor views; X-C-01 (a-f) c. Buildable area; d. Existing and proposed topography and drainage patterns; e. Proposed storm water and erosion and sediment control practices; f. Existing and proposed vegetation to be removed and established; g. Ordinary high water level, blufflines, and all required setbacks; h. Existing and proposed structures; i. Existing and proposed impervious surfaces; and j. Existing and proposed subsurface sewage treatment systems. G. Nonconformities. 1. All legally established nonconformities as of the date of this ordinance may continue consistent with Minnesota Statutes, section 462.357, Subd. 1e. 2. New structures erected in conformance with the setback averaging provisions of § 152A.06,C,4 are conforming structures. 3. Site alterations and expansion of site alterations that were legally made prior to the effective date of this ordinance are conforming. Site alterations include vegetation, erosion control, storm water control measures, and other nonstructural site improvements. 4. Legally nonconforming principal structures that do not meet the setback requirements of § 152A.06,C may be expanded laterally provided that: a. The expansion does not extend into the shore or bluff impact zone or further into the required setback than the building line of the existing principal structure (See Figure 5); and b. The scale and bulk of the expansion is consistent with that of the original structure and existing surrounding development. Figure 5. Expansion of Nonconforming Structure H. Notifications. 1. Amendments to this section and to the MRCCA plan must be submitted to the Commissioner as provided in Minnesota Rules, part 6106.0070, Subp. 3, Items B – I. 2. Notice of public hearings for discretionary actions, including conditional and interim use permits, variances, appeals, rezonings, preliminary plats, final subdivision plats, master X-C-01 (a-f) plans, and PUDs, must be sent to the following entities at least ten (10) days prior to the hearing: a. The Commissioner in a format prescribed by the DNR; b. National Park Service; and c. Where building heights exceed the height limits specified in § 152A.06,B as part of the conditional use or variance process, adjoining local governments within the MRCCA, including those with overlapping jurisdiction and those across the river. 3. Notice of final decisions for actions in § 152A.03,H.2, including findings of fact, must be sent to the agencies specified in that section within ten (10) days of the final decision. 4. Requests to amend district boundaries must follow the provisions in Minnesota Rules, part 6106.0100, Subp. 9, Item C. I. Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must: 1. Comply with § 152A.06 to § 152A.12; or 2. If § 152A.06 to § 152A.12 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and b. Upon expiration of the permit, the ramp or other facilities must be removed. 152A.04 MRCCA DISTRICTS A. Purpose. The purpose of this Section is to establish districts under which building height and structure placement are regulated to protect and enhance the Mississippi River’s resources and features consistent with the natural and built character of each district. B. District description and management purpose. The MRCCA within the City is divided into the following MRCCA Districts: 1. Rural and Open Space (ROS). a. Description. The ROS District is characterized by rural and low-density development patterns and land uses, and includes land that is riparian or visible from the river, as well as large, undeveloped tracts of high ecological and scenic value, floodplain, and undeveloped islands. Many primary conservation areas exist in the district. b. Management purpose. The ROS District must be managed to sustain and restore the rural and natural character of the corridor and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. 2. River Neighborhood (RN). a. Description. The RN District is characterized by primarily residential neighborhoods that are riparian or readily visible from the river or that abut X-C-01 (a-f) riparian parkland. The district includes parks and open space, limited commercial development, marinas, and related land uses. b. Management purpose. The RN District must be managed to maintain the character of the river corridor within the context of existing residential and related neighborhood development, and to protect and enhance habitat, parks and open space, public river corridor views, and scenic, natural, and historic areas. Minimizing erosion and the flow of untreated storm water into the river and enhancing habitat and shoreline vegetation are priorities in the district. 3. River Towns and Crossings (RTC). a. Description. The RTC District is characterized by historic downtown areas and limited nodes of intense development at specific river crossings, as well as institutional campuses that predate designation of the MRCCA, and that include taller buildings. b. Management purpose. The RTC district must be managed in a manner that allows continued growth and redevelopment in historic downtowns and more intensive redevelopment in limited areas at river crossings to accommodate compact walkable development patterns and connections to the river. Minimizing erosion and the flow of untreated storm water into the river, providing public access to and public views of the river, and restoring natural vegetation in riparian areas and tree canopy are priorities in the district. 4. Separated from River (SR). a. Description. The SR District is characterized by its physical and visual distance from the Mississippi River. The district includes land separated from the river by distance, topography, development, or a transportation corridor. The land in this district is not readily visible from the Mississippi River. b. Management purpose. The SR district provides flexibility in managing development without negatively affecting the key resources and features of the river corridor. Minimizing negative impacts to primary conservation areas and minimizing erosion and flow of untreated storm water into the Mississippi River are priorities in the district. C. MRCCA district map. The locations and boundaries of the MRCCA districts established by this § 155.01 are shown on the Zoning Overlay map which is incorporated herein by reference. The district boundary lines are intended to follow the centerlines of rivers and streams, highways, streets, lot lines, and municipal boundaries, unless a boundary line is otherwise indicated on the map. Where district boundaries cross unsubdivided property, the district boundary line is determined by use of dimensions or the scale appearing on the map. 152A.05 SPECIAL LAND USE PROVISIONS A. Purpose. To identify development standards and considerations for land uses that have potential to negatively impact primary conservation areas and public river corridor views. B. Underlying zoning. Uses within the MRCCA are determined by underlying zoning, with additional provisions for the following land uses: 1. Agricultural use. Perennial ground cover is required within 50 feet of the ordinary high water level and within the bluff impact zone. X-C-01 (a-f) 2. Feedlots. New animal feedlots and manure storage areas are prohibited. Existing animal feedlots and manure storage areas must conform with Minnesota Rules, chapter 7020. 3. Forestry. Tree harvesting and biomass harvesting within woodlands, and associated reforestation, must be consistent with recommended practices in Conserving Wooded Areas in Developing Communities: Best Management Practices in Minnesota. 4. Nonmetallic mining. Nonmetallic mining requires a conditional use permit or interim use permit issued by the local government, subject to the following: a. New nonmetallic mining is prohibited within the shore impact zone and bluff impact zone and within the required structure setback from the bluffline and OHWL; b. Processing machinery must be located consistent with setback standards for structures as provided in § 152A.06,C; c. Only one barge loading area, which must be limited to the minimum size practicable, is permitted for each mining operation; d. New and, where practicable, existing nonmetallic mining operations must not be readily visible and must be screened by establishing and maintaining natural vegetation. The unscreened boundaries of nonmetallic mining areas are limited to only the barge loading area; e. A site management plan must be developed by the operator and approved by the local government before new nonmetallic mining commences. Operations must be consistent with the site plan throughout the duration of operations at the site. The site management plan must: (1) Describe how the site will be developed over time with an emphasis on minimizing environmental risk to public waters; (2) Explain where staged reclamation may occur at certain points during the life of the site; (3) Address dust, noise, storm water management, possible pollutant discharges, days and hours of operation, and duration of operations; and (4) Describe any anticipated vegetation and topographic alterations outside the pit, and reclamation plans consistent with the stated end use for the land; and; f. Existing and new nonmetallic mining operations must submit land reclamation plans to the local government compatible with the purposes of this ordinance. 5. River-dependent uses. River-dependent uses must comply with the following design standards: a. Structures and parking areas, except shoreline facilities and private roads and conveyances serving river dependent uses as provided in § 152A.12, must meet the dimensional and performance standards in this chapter, must be designed so that they are not readily visible, and must be screened by establishing and maintaining natural vegetation; b. Shoreline facilities must comply with Minnesota Rules, chapter 6115 and must: c. Be designed in a compact fashion so as to minimize the shoreline area affected; and X-C-01 (a-f) d. Minimize the surface area of land occupied in relation to the number of watercraft or barges to be served; and e. Dredging and placement of dredged material are subject to existing federal and state permit requirements and agreements. 6. Wireless communication towers. Wireless communication towers require a conditional or interim use permit and are subject to the following design standards: a. The applicant must demonstrate that functional coverage cannot be provided through co-location, a tower at a lower height, or a tower at a location outside of the MRCCA; b. The tower must not be located in a bluff or shore impact zone; and c. Placement of the tower must minimize impacts on public river corridor views. d. Comply with the general design standards in § 152A.08,B. 152A.06 STRUCTURE HEIGHT AND PLACEMENT AND LOT SIZE A. Purpose. To establish standards that protect primary conservation areas and public river corridor views from development impacts and ensure that new development is sited consistent with the purpose of the MRCCA. B. Structure height. Structures and facilities must comply with the following standards unless identified as exempt in § 152A.12. 1. Structures and facilities must comply with the following standards unless identified as exempt in § 152A.12. a. ROS District: 35 feet or lower. b. RN District: 35 feet. or lower. c. RTC District: 47 feet or lower, provided that structure design and placement minimizes interference with public river corridor views. Structures over 47 feet and up to 65 feet are allowed as a conditional use according to § 152A.06,B,3. d. SR District: Height is determined by underlying zoning, provided the allowed height is not visible, as viewed from the OHWL of the opposite shore. 2. Height is measured on the side of the structure facing the Mississippi River. 3. In addition to the conditional use permit requirements of § 152A.03,D, criteria for considering whether to grant a conditional use permit for structures exceeding the height limits must include: a. Assessment of the visual impact of the proposed structure on public river corridor views, including views from other communities; b. Determination that the proposed structure meets the required bluff and OHWL setbacks; c. Identification and application of techniques to minimize the perceived bulk of the proposed structure, such as: i. Placing the long axis of the building perpendicular to the river; ii. Stepping back of portions of the facade; X-C-01 (a-f) iii. Lowering the roof pitch or use of a flat roof; iv. Using building materials or mitigation techniques that will blend in with the natural surroundings such as green roofs, green walls, or other green and brown building materials; v. Narrowing the profile of upper floors of the building; or vi. Increasing the setbacks of the building from the Mississippi River or blufflines; d. Identification of techniques for preservation of those view corridors identified in the MRCCA Plan; and e. Opportunities for creation or enhancement of public river corridor views. C. Structure and impervious surface placement. 1. Structures and impervious surface must not be placed in the shore or bluff impact zones unless identified as an exemption in § 152A.12. 2. Structures, impervious surfaces, and facilities must comply with the following OHWL setback provisions unless identified as exempt in § 152A.12. a. ROS District: 200 feet from the Mississippi River and 150 feet from the Vermillion River. b. RN District: 100 feet from the Mississippi River. c. RTC District: 75 feet from the Mississippi River. 3. Structures, impervious surfaces, and facilities must comply with the following bluffline setback provisions unless identified as exempt in § 152A.12: a. ROS District: 100 feet. b. RN District: 40 feet. c. RTC District: 40 feet. d. SR District: 40 feet. 4. Where principal structures exist on the adjoining lots on both sides of a proposed building site, the minimum setback may be altered to conform to the average of the adjoining setbacks, if the new structure's scale and bulk riverward or bluffward of the setbacks required under § 152A.06,C,2 and § 152A.06,C,3 are consistent with adjoining development. See Figure 6. Figure 6. Structure Setback Averaging X-C-01 (a-f) 5. Subsurface sewage treatment systems, including the septic tank and absorption area, must be located at least 75 feet from the ordinary high water level of the Mississippi River and all other public waters. D. Lot size and buildable area. 1. The width of lots abutting the Mississippi River in the ROS District must be at least 200 feet, unless alternative design methods are used that provide greater protection of the riparian area. 2. All new lots must have adequate buildable area to comply with the setback requirements of § 152A.06,C,2 and § 152A.06,C,3 so as to not require variances to use the lots for their intended purpose. 152A.07 PERFORMANCE STANDARDS FOR PRIVATE FACILITIES A. Purpose. To establish design standards for private facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. B. General design standards. All private facilities must be developed in accordance with the vegetation management and land alteration requirements in § 152A.09 and § 152A.10. C. Private roads, driveways, and parking areas. Except as provided in § 152A.12, private roads, driveways and parking areas must: 1. Be designed to take advantage of natural vegetation and topography so that they are not readily visible; 2. Comply with structure setback requirements according to § 152A.06,C,3; and 3. Not be placed within the bluff impact zone or shore impact zone, unless exempt under § 152A.12 and designed consistent with § 152A.08,B. D. Private water access and viewing facilities. 1. Private access paths must be no more than: a. Eight feet wide, if placed within the shore impact zone; and b. Four feet wide, if placed within the bluff impact zone. 2. Private water access ramps must: a. Comply with Minnesota Rules, parts 6115.0210 and 6280.0250; and b. Be designed and constructed consistent with the applicable standards in Design Handbook for Recreational Boating and Fishing Facilities. 3. Design and construction of private stairways, lifts, and landings are subject to the following standards: a. Stairways and lifts must not exceed four feet in width on residential lots. Wider stairways may be used for commercial properties and residential facilities held in common, if approved by the City; b. Landings for stairways and lifts on residential lots must not exceed 32 square feet in area. Landings larger than 32 square feet area allowed for commercial properties and residential facilities held in common, if approved by the City; c. Canopies or roofs are prohibited on stairways, lifts, or landings; X-C-01 (a-f) d. Stairways, lifts, and landings must be located in the least visible portion of the lot whenever practical; and e. Ramps, lifts, mobility paths, or other facilities for persons with physical disabilities are allowed for achieving access to shore areas according to § 152A.07,D,3 A – D, and as provided under § 152A.03,I. 4. One water-oriented accessory structure is allowed for each riparian lot or parcel less than 300 feet in width at the ordinary high water level, with one additional water- oriented accessory structure allowed for each additional 300 feet of shoreline on the same lot or parcel. Water-oriented accessory structures are prohibited in the bluff impact zone and must: a. Not exceed 12 feet in height; b. Not exceed 120 square feet in area; and c. Be placed a minimum of 10 feet from the ordinary high water level. E. Decks and patios in setback areas. Decks and at-grade patios may encroach into the required setbacks from the ordinary high water level and blufflines without a variance, when consistent with § 152A.09 and § 152A.10, provided that: 1. The encroachment of the deck or patio into the required setback area does not exceed 15 percent of the required structure setback; 2. The area of the deck or patio that extends into the required setback area occupies no more than 25 percent of the total area between the required setback and the 15 percent using the formula: [Required setback depth (feet) x 0.15 x lot width at setback (feet) x 0.25 = maximum total area] 3. The deck or patio does not extend into the bluff impact zone. See Figure 7. Figure 7. Deck and Patio Encroachment F. Off-premises and directional signs. 1. Off-premises signs must: a. Meet required structure placement and height standards in § 152A.06,B and § 152A.06,C,3. b. Not be readily visible 2. Directional signs. Directional signs for visitors arriving at a destination by watercraft must comply with the following standards: X-C-01 (a-f) a. They must be consistent with Minnesota Statutes, section 86B.115. Only convey the location, name, and description of the Site, if located in a shore impact zone. Be no greater than ten feet in height and 32 square feet in surface area; and If illuminated, the lighting must be shielded and directed downward to prevent illumination out across the river or to the sky. G. Fences. Fences between principal structures and the river are permitted, provided the following standards are met: 1. Subject to the fencing requirements of § 155.05 2. Compliant with the provision of the city’s landscape fence and easement policy, April 2005, as amended 3. Fences shall not be higher than six feet. 4. Fences shall not be located within the SIZ and BIZ. 5. Fences shall not be located in the regulatory floodplain. H. Lighting. Within the OHWL setback: 1. Lighting shall meet the exterior lighting standards in § 155, shielded, and directed away from the river and sky. 2. Uplighting is prohibited. 152A.08 PERFORMANCE STANDARDS FOR PUBLIC FACILITIES A. Purpose. To establish design standards for public facilities that are consistent with best management practices and that minimize impacts to primary conservation areas, public river corridor views and other resources identified in the MRCCA plan. Public facilities serve the public interest by providing public access to the Mississippi River corridor or require locations in or adjacent to the river corridor and therefore require some degree of flexibility. B. General design standards. All public facilities must be designed and constructed to: 1. Minimize visibility of the facility from the river to the extent consistent with the purpose of the facility; 2. Comply with the structure placement and height standards in § 152A.06, except as provided in § 152A.12; 3. Be consistent with the vegetation management standards in § 152A.09 and the land alteration and storm water management standards in § 152A.10, including use of practices identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004- 0001, where applicable; 4. Avoid primary conservation areas, unless no alternative exists. If no alternative exists, then disturbance to primary conservation areas must be avoided to the greatest extent practicable, and design and construction must minimize impacts; and X-C-01 (a-f) 5. Minimize disturbance of spawning and nesting times by scheduling construction at times when local fish and wildlife are not spawning or nesting. 6. During bird migration times, schedule construction, or implement mitigation measures, to minimize disturbance in primary conservation areas. C. Right-of-way maintenance standards. Right-of-way maintenance must comply with the following standards: 1. Vegetation currently in a natural state must be maintained to the extent feasible; 2. Where vegetation in a natural state has been removed, native plants must be planted and maintained on the right-of-way; and 3. Chemical control of vegetation must be avoided when practicable, but when chemical control is necessary, chemicals used must be in accordance with the regulations and other requirements of all state and federal agencies with authority over the chemical’s use. D. Crossings of public water or public land. Crossings of public waters or land controlled by the commissioner are subject to approval by the commissioner according to Minnesota Statutes, sections 84.415 and 103G.245. E. Public utilities. Public utilities must comply with the following standards: 1. High-voltage transmission lines, wind energy conversion systems greater than five megawatts, and pipelines are regulated according to Minnesota Statutes, chapter 216E, 216F, and 216G respectively; and 2. If overhead placement is necessary, utility facility crossings must minimize visibility of the facility from the river and follow other existing right of ways as much as practicable. 3. The appearance of structures must be as compatible as practicable with the surrounding area in a natural state with regard to height and width, materials used, and color. 4. Wireless communication facilities, according to § 152A.05,B,6. F. Public transportation facilities. Public transportation facilities shall comply with structure placement and height standards in § 152A.06. Where such facilities intersect or abut two or more MRCCA districts, the least restrictive standards apply. Public transportation facilities must be designed and constructed to give priority to: 1. Providing scenic overlooks for motorists, bicyclists, and pedestrians; 2. Providing safe pedestrian crossings and facilities along the river corridor; 3. Providing access to the riverfront in public ownership; and 4. Allowing for use of the land between the river and the transportation facility. G. Public recreational facilities. Public recreational facilities must comply with the following standards: 1. Buildings and parking associated with public recreational facilities must comply with the structure placement and height standards in § 152A.06, except as provided in § 152A.12; 2. Roads and driveways associated with public recreational facilities must not be placed in the bluff or shore impact zones unless no other placement alternative exists. If no alternative exists, then design and construction must minimize impacts to shoreline vegetation, erodible soils and slopes, and other sensitive resources. 3. Trails, access paths, and viewing areas associated with public recreational facilities and providing access to or views of the Mississippi River are allowed within the bluff and shore X-C-01 (a-f) impact zones if design, construction, and maintenance methods are consistent with the best management practice guidelines in Trail Planning, Design, and Development Guidelines. a. Hard-surface trails are not allowed on the face of bluffs with a slope exceeding 30 percent. Natural surface trails are allowed, provided they do not exceed eight feet in width. b. Trails, paths, and viewing areas must be designed and constructed to minimize: i. Visibility from the river; ii. Visual impacts on public river corridor views; and iii. Disturbance to and fragmentation of primary conservation areas. 4. Public water access facilities must comply with the following requirements: a. Watercraft access ramps must comply with Minnesota Rules chapters 6115.0210 and 6280.0250; and b. Facilities must be designed and constructed consistent with the standards in Design Handbook for Recreational Boating and Fishing Facilities. 5. Public signs and kiosks for interpretive or directional purposes are allowed in the bluff or shore impact zones, provided they are placed and constructed to minimize disturbance to these areas and avoid visual impacts on public river corridor views. If illuminated, the lighting must be shielded and be directed downward. 6. Public stairways, lifts, and landings must be designed as provided in § 152A.07,D,3. 152A.09 VEGETATION MANAGEMENT A. Purpose. To establish standards that sustain and enhance the biological and ecological functions of vegetation; preserve the natural character and topography of the MRCCA; and maintain stability of bluffs and steep slopes and ensure stability of other erosion-prone areas. B. Applicability. This section applies to: 1. Shore impact zones; 2. Areas within 50 feet of a wetland or natural drainage route; 3. Bluff impact zones; 4. Areas of native plant communities; and 5. Significant existing vegetative stands identified in the MRCCA plan. C. Activities allowed without a vegetation permit. 1. Maintenance of existing lawns, landscaping and gardens; 2. Removal of vegetation in emergency situations as determined by the City; 3. Right-of-way maintenance for public facilities meeting the standards § 152A.08,C; 4. Agricultural and forestry activities meeting the standards of § 152A.05,B,1 and § 152A.05,B,3; X-C-01 (a-f) 5. Selective vegetation removal, provided that vegetative cover remains consistent with the management purpose of the MRCCA District, including removal of: a. Vegetation that is dead, diseased, dying, or hazardous; b. Vegetation to prevent the spread of diseases or insect pests; c. Individual trees and shrubs; and d. Invasive non-native species. D. Activities allowed with a vegetation permit. 1. Only the following intensive vegetation clearing activities are allowed with a vegetation permit: a. Clearing of vegetation that is dead, dying, diseased, infested, or hazardous; b. Clearing to prevent the spread of diseases or insect pests; c. Clearing to remove invasive non-native species. d. Clearing to prepare for restoration and erosion control management activities consistent with a plan approved by the City. e. The minimum necessary for development that is allowed with a building permit or as an exemption under § 152A.12. 2. General Performance Standards. The following standards must be met, in addition to a restoration plan under § 152A.09,F, in order to approve a vegetation permit: a. Development is sited to minimize removal of or disturbance to natural vegetation; a. Soil, slope stability, and hydrologic conditions are suitable for the proposed work as determined by a professional engineer; b. Clearing is the minimum necessary and designed to blend with the natural terrain and minimize visual impacts to public river corridor views; c. Vegetation removal activities are conducted so as to expose the smallest practical area of soil to erosion for the least possible time, and to minimize disturbance during bird migration and nesting seasons; d. Any other condition determined necessary to achieve the purpose of this section. E. Prohibited activities. All other intensive vegetation clearing is prohibited. F. Vegetation restoration plan. 1. Development of a vegetation restoration plan and reestablishment of natural vegetation is required: a. For any vegetation removed with a permit under § 152A.09,D,1; b. Upon failure to comply with any provisions in this section; or c. As part of the planning process for subdivisions as provided in § 152A.11. 2. Restoration Plan Performance Standards. The vegetation restoration plan must satisfy the application submittal requirements in § 152A.03,F, and: a. Vegetation must be restored in one or more of the following restoration priority areas: X-C-01 (a-f) i. Areas with soils showing signs of erosion, especially on or near the top and bottom of steep slopes and bluffs; ii. Restoration or enhancement of shoreline vegetation; iii. Revegetation of bluffs or steep slopes visible from the river; or iv. Other approved priority opportunity area, including priorities identified in the MRCCA plan, if none of the above exist. b. Include vegetation that provides suitable habitat and effective soil stability, runoff retention, and infiltration capability. Vegetation species, composition, density, and diversity must be guided by nearby patches of native plant communities and by Native Vegetation Establishment and Enhancement Guidelines; c. Any highly erodible soils disturbed during removal and/or restoration must be stabilized with deep-rooted vegetation with a high stem density; d. All vegetation removed must be restored with natural vegetation to the greatest extent practicable. The area (square feet) of the restored vegetation should be similar to that removed to the greatest extent practicable. e. Native plant communities removed must be restored with biological and ecological function equivalent to the removed native plant communities. The area (square feet) of the restored vegetation should be equivalent to that removed; f. Be prepared by a qualified individual; and g. Include a maintenance plan that includes management provisions for controlling invasive species and replacement of plant loss for three years. 3. A certificate of compliance will be issued after the vegetation restoration plan requirements have been satisfied. 152A.10 LAND ALTERATION STANDARDS AND STORMWATER MANAGEMENT A. Purpose. To establish standards that protect water quality from pollutant loadings of sediment, nutrients, bacteria, and other contaminants; and maintain stability of bluffs, shorelines, and other areas prone to erosion. B. Land alteration. 1. Within the bluff impact zone, land alteration is prohibited, except for the following, which are allowed by permit. a. Erosion control consistent with a plan approved by the local government or resource agency and consistent with § 152A.10,F; b. The minimum necessary for development that is allowed as an exception under § 152A.12; and c. Repair and maintenance of existing buildings and facilities. 2. Within the water quality impact zone, land alteration that involves more than ten cubic yards of material or affects an area greater than 1,000 square feet requires a permit. C. Rock riprap, retaining walls, and other erosion control structures. 1. Construction, repair, or replacement of rock riprap, retaining walls, and other erosion control structures located at or below the OHWL must comply with Minnesota Rules, part X-C-01 (a-f) 6115.0215, Subp. 4, item E, and 6115.0216, Subp. 2. Work must not proceed until approved by the commissioner, permitted by the US Army Corps of Engineers, and any other permits are obtained. See Figure 8. Figure 8. Riprap Guidelines 2. Construction or replacement of rock riprap, retaining walls, and other erosion control structures within the bluff impact zone and the water quality impact zone are allowed with a permit consistent with provisions of § 152A.10,F provided that: a. If the project includes work at or below the OHWL, the commissioner has already approved or permitted the project. b. The structures are used only to correct an established erosion problem as determined by the City. c. The size and extent of the structures are the minimum necessary to correct the erosion problem and are not larger than the following, unless a professional engineer determines that a larger structure is needed to correct the erosion problem: i. Retaining walls must not exceed five feet in height and must be placed a minimum horizontal distance of ten feet apart; and ii. Riprap must not exceed the height of the regulatory flood protection elevation. 3. Repair of existing rock riprap, retaining walls, and other erosion control structures above the OHWL does not require a permit provided it does not involve any land alteration. D. Stormwater management. 1. In the bluff impact zone, storm water management facilities are prohibited, except by permit if: a. There are no alternatives for storm water treatment outside the bluff impact zone on the subject site; b. The site generating runoff is designed so that the amount of runoff reaching the bluff impact zone is reduced to the greatest extent practicable; c. The construction and operation of the facility does not affect slope stability on the subject property or adjacent properties; and d. Mitigation based on the best available engineering and geological practices is required and applied to eliminate or minimize the risk of slope failure. X-C-01 (a-f) 2. In the water quality impact zone, development that creates new impervious surface, as allowed by exemption in § 152A.12, or fully reconstructs existing impervious surface of more than 10,000 square feet requires a storm water permit . Multipurpose trails and sidewalks are exempt if there is down gradient vegetation or a filter strip that is at least five feet wide. 3. In all other areas, storm water runoff must be directed away from the bluff impact zones or unstable areas. E. Development on steep slopes. Construction of structures, impervious surfaces, land alteration, vegetation removal, or other construction activities are allowed on steep slopes if: 1. The development can be accomplished without increasing erosion or storm water runoff; 2. The soil types and geology are suitable for the proposed development; and 3. Vegetation is managed according to the requirements of § 152A.09. F. Conditions of land alteration permit approval. 1. Temporary and permanent erosion and sediment control measures retain sediment onsite consistent with best management practices in the Minnesota Stormwater Manual; 2. Natural site topography, soil, and vegetation conditions are used to control runoff and reduce erosion and sedimentation; 3. Construction activity is phased when possible; 4. All erosion and sediment controls are installed before starting any land disturbance activity; 5. Erosion and sediment controls are maintained to ensure effective operation; 6. The proposed work is consistent with the vegetation standards in § 152A.09; and 7. Best management practices for protecting and enhancing ecological and water resources identified in Best Practices for Meeting DNR General Public Waters Work Permit GP 2004-0001. G. Compliance with other plans and programs. All development must: 1. Be consistent with Minnesota Statutes, chapter 103B, and local water management plans completed under Minnesota Statutes, chapter 8410; 2. Meet or exceed the wetland protection standards under Minnesota Rules, chapter 8420; and 3. Meet or exceed the floodplain management standards under Minnesota Rules, sections 6120. 5000 – 6120.6200. 152A.11 SUBDIVISION AND LAND DEVELOPMENT STANDARDS A. Purpose. 1. To protect and enhance the natural and scenic values of the MRCCA during development or redevelopment of the remaining large sites 2. To establish standards for protecting and restoring biological and ecological functions of primary conservation areas on large sites; and 3. To encourage restoration of natural vegetation during development or redevelopment of large sites where restoration opportunities have been identified in MRCCA Plans. X-C-01 (a-f) B. Applicability. 1. The design standards in this section apply to subdivisions, planned unit developments and master- planned development and redevelopment of land involving ten or more acres for contiguous parcels that abut the Mississippi River and 20 or more acres for all other parcels, including smaller individual sites within the following developments that are part of a common plan of development that may be constructed at different times: a. Subdivisions; b. Planned unit developments; and c. Master-planned development and redevelopment of land. 2. The following activities are exempt from the requirements of this section: a. Minor subdivisions consisting of three or fewer lots; b. Minor boundary line corrections; c. Resolutions of encroachments; d. Additions to existing lots of record; e. Placement of essential services; and f. Activities involving river-dependent commercial and industrial uses. C. Application materials. Project information listed in § 152A.03,F must be submitted for all proposed developments. D. Design standards. 1. Primary conservation areas, where they exist, must be set aside and designated as protected open space in quantities meeting the following as a percentage of total parcel area: a. CA-ROS District: 50%; b. CA-RN District: 20%; c. CA-RTC, District: 10%; 2. If the primary conservation areas exceed the amounts specified in § 152A.11,D,1, then protection of native plant communities and natural vegetation in riparian areas shall be prioritized. 3. If primary conservation areas exist but do not have natural vegetation (identified as restoration priorities in the MRCCA Plan), then a vegetation assessment must be completed to evaluate the unvegetated primary conservation areas and determine whether vegetation restoration is needed. If restoration is needed, vegetation must be restored according to § 152A.09,F,2. 4. If primary conservation areas do not exist on the parcel and portions of the parcel have been identified in the MRCCA plan as a restoration area, vegetation must be restored in the identified areas according to § 152A.09,F,2 and the area must be set aside and designated as protected open space. 5. Storm water treatment areas or other green infrastructure may be used to meet the protected open space requirements if the vegetation provides biological and ecological functions. 6. Land dedicated under §154 for public river access, parks, or other open space or public facilities may be counted toward the protected open space requirement. X-C-01 (a-f) 7. Protected open space areas must connect open space, natural areas, and recreational areas, where present on adjacent parcels, as much as possible to form an interconnected network. E. Permanent protection of designated open space. 1. Designated open space areas must be protected through one or more of the following methods: a. Public acquisition by a government entity for conservation purposes; b. A permanent conservation easement, as provided in Minnesota Statutes, chapter 84C; c. A deed restriction; and d. Other arrangements that achieve an equivalent degree of protection as approved by the City. 2. Permanent protection methods must ensure the long-term management of vegetation to meet its biological and ecological functions, prohibit structures, and prohibit land alteration, except as needed to provide public recreational facilities and access to the river. F. Alternative design standards. Alterative design standards may be considered through one or more of the following methods: 1. Individual lots in a planned unit development or cluster development are not required to meet the design standards of this section if it can be demonstrated that the overall development is in compliance with the standards and purpose of this section. 2. Protection and restoration of continuous vegetation – preventing the fragmentation of vegetation and habitat by individual lots, especially along the river and natural drainage areas and protecting it as common open space. 3. Transfer of development rights in return for protection of open space beyond the minimum identified in § 152A.11,D,1. 152A.12 EXEMPTIONS A. Purpose. To provide exemptions to structure placement, height and other standards for specific river or water access dependent facilities as provided in Minnesota Statutes, section 116G.15 Subd. 4. B. Applicability. 1. Uses and activities not specifically exempted must comply with this chapter. Uses and activities exempted under shore impact zone and bluff impact zone must comply with the vegetation management and land alteration standards in § 152A.09 and § 152A.10. 2. Uses and activities in § 152A.12,C,1 are categorized as: a. Exempt – E. This means that the use or activity is allowed; b. Exempt if no alternative - EA. This means that the use or activity is allowed only if no alternatives exist; and c. Not exempt - N. This means that a use or activity is not exempt and must meet the standards of this ordinance. C. Use and activity exemptions classification. X-C-01 (a-f) 1. General uses and activities. Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Industrial and utility structures requiring greater height for operational reasons (such as elevators, refineries and railroad signaling towers) N E N N Structure design and placement must minimize interference with public river corridor views. Barns, silos, and farm structures N E N N Bridges and bridge approach roadways E E E EA § 152A.08 Wireless communication towers E E N N § 152A.05,B,6 Chimneys, church spires, flag poles, public monuments, and mechanical stacks and equipment N E N N Historic properties and contributing properties in historic districts E E E E Exemptions do not apply to additions or site alterations 2. Public utilities. Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Electrical power facilities E E E EA § 152A.08 Essential services (other than storm water facilities) E E E EA § 152A.08 Storm water facilities E N E EA § 152A.10 Wastewater treatment E N E N § 152A.08 Public transportation facilities E N EA EA § 152A.08 3. Public recreational facilities. Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Accessory structures, such as monuments, flagpoles, light standards, and similar park features E E EA EA § 152A.08; within BIZ, only on slopes averaging less than 30%. Exemptions do not apply to principal structures. Picnic shelters and other open-sided structures E N EA N § 152A.08 Parking lots EA N EA EA § 152A.08; within BIZ, only within 20 feet of toe of bluff; not on face of bluff; and must not affect stability of bluff Roads and driveways EA N EA EA § 152A.08 Natural-surfaced trails, access paths, and viewing areas E N E E § 152A.08 Hard-surfaced trails and viewing platforms E N E EA § 152A.08; within BIZ, only on slopes averaging less than 30% X-C-01 (a-f) Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Water access ramps E N E EA § 152A.08 Public signs and kiosks for interpretive or directional purposes E N E EA § 152A.08 4. River-dependent uses. Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Shoreline facilities E N1 E EA § 152A.05,B,5. Exemptions do not apply to buildings, structures, and parking areas that are not part of a shoreline facility Private roads and conveyance structures serving river-dependent uses E N1 E EA § 152A.05,B,5 5. Private residential and commercial water access and use facilities. Use or Activity Set backs Height Limits SIZ BIZ Applicable standards with which the use or activity must comply Private roads serving 3 or more lots EA N N EA § 152A.07; in BIZ, only on slopes averaging less than 30%. Exemption does not apply to private roads serving fewer 3 lots or to private driveways and parking areas Access paths E N E E § 152A.07 Water access ramps E N E N § 152A.07 Stairways, lifts, and landings E N E E § 152A.07 Water-oriented accessory structures E N E N § 152A.07 Patios and decks E N N N § 152A.07,E Directional signs for watercraft (private) E N E N § 152A.07,F; exemption does not apply to off-premises signs Temporary storage of docks, boats, and other equipment during the winter months E N E N Erosion control structures, such as rock riprap and retaining walls E N E EA Sections § 152A.10,C, § 152A.10,E, and § 152A.10,F Flood control structures E N E EA § 152A.10 1 River-dependent commercial, industrial, and utility structures are exempt from height limits only if greater height is required for operational reasons. X-C-01 (a-f) SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155.01 Official Zoning Map, shall be amended by adding the following overlay districts: ROS District, RN District, RTC District, and SR District. X-C-01 (a-f) SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155.08 Signs, shall be amended by removal of stricken wording. The Sign code 155.08 3.b. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds, or anything else that would be a nuisance. SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 158.04 Property Maintenance Requirements, shall be amended by the addition of underlined wording. D. Grass And Weeds On Public or Private Property. 1. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city to allow any vegetation such as weeds or grass growing upon any such lot or parcel or land to grow to a height greater than 12 inches or to allow such weeds or grass to go to seed. 2. If any such owner, occupant or agent fails to comply with this height limitation and after notice given by the Property Maintenance Inspector, or his or her agent, has not complied within 72 hours of such notice, the city shall cause such weeds or grass to be cut and the expenses thus incurred shall be a lien upon such real estate. The city shall certify to the Dakota County Auditor, a statement of cost incurred by the city. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and shall be collected in the same manner as real estate taxes. 3. Property owners must also comply with City Code § 90.05 regarding Grass, Weeds, and Trees in Street. 4. Exemption. Any ground cover vegetation located in the following areas is hereby exempt from height and going to seed restrictions: a. Shore impact zones; b. Areas within fifty feet (50') of a wetland or natural drainage way; c. Bluff impact zones; d. Areas of native plant communities; and e. Significant vegetative stands, with said areas identified under Section 152A, Mississippi River Corridor Critical Area (MRCCA) Overlay District ordinance. Ground cover vegetation and any vegetation management within the MRCCA Overlay District shall comply with the Vegetation Management requirements and standards of Section 152A.09 and any Vegetation Management Permits approved by the City. SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 90.05 Grass, Weeds, And Trees In Streets, shall be amended by the addition of underlined wording. A. City To Control Trees And Grass Plats. The city shall have control and supervision over all shrubs and trees upon, or overhanging all streets or other public property, and all street right-of-way or other public property. X-C-01 (a-f) B. Duty Of Property Owners To Cut Grass And Weeds And Maintain Trees And Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of the property nearest to the street in the center of the street. If the grass or weeds in such a place attain a height in excess of 12 inches it shall be prima facie evidence of a failure to comply with this division (D). Every owner of property abutting on any street shall, subject to the provisions herein requiring a permit therefore, trim, cut, and otherwise maintain all trees and shrubs from the line of the property nearest to the street to the center of the street. C. City May Order Work Done. The city shall, in cases of failure to comply with division (D) above, perform the work with employees of the city, keeping an accurate account of the cost thereof for each lot, piece, or parcel of land abutting upon the street. D. Assessment. If the maintenance work is performed by the city as set forth in division (E) above, the City Clerk shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Clerk shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved it shall be extended as to the cost therein stated as a special assessment against the abutting land and the special assessment shall, at the time of certifying the taxes to the County Auditor, be certified and collection, or in the alternative, the city may institute civil suit to collect the cost of the service. E. Exemption. Any ground cover vegetation located in the following areas is hereby exempt from height and going to seed restrictions: a. Shore impact zones; b. Areas within fifty feet (50') of a wetland or natural drainage way; c. Bluff impact zones; d. Areas of native plant communities; and e. Significant vegetative stands, with said areas identified under Section 152A, Mississippi River Corridor Critical Area (MRCCA) Overlay District ordinance. Ground cover vegetation and any vegetation management within the MRCCA Overlay District shall comply with the Vegetation Management requirements and standards of Section 152A.09 and any Vegetation Management Permits approved by the City. SECTION 6. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 95.21 Public Nuisances Affecting Health, shall be amended by the addition of underlined wording. The following are hereby declared to be public nuisances affecting health: A. Exposed accumulation of decayed or unwholesome food or vegetable matter; B. All diseased animals running at large; C. All ponds or pools of stagnant water; D. Carcasses of animals not buried or destroyed within 24 hours after death; E. Accumulations of manure, refuse, or other debris; F. Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; G. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; X-C-01 (a-f) H. All noxious weeds and other rank growths of vegetation upon public or private property which constitute a health hazard; I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; J. All unnecessary and annoying vibrations; K. Violations of City Code § 152.09 (Illicit Discharges and Connections) L. Any offensive trade or business as defined by statute not operating under local license. SECTION 7. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text adopted by the Hastings City Council on December 18, 2023 modifies the City Code to include Chapter 152A MRCCA (Mississippi River Corridor Critical Area), amends Chapter 155.01 Official Zoning to add MRCCA overly districts, amends Chapter 155.08 Signs to remove weed and grass provisions, amends Chapters 158.04 Property Maintenance Requirnments and 90.05 Grass, Weeds, And Trees In Streets by adding an exemption to weed and grass provisions for certain areas with in the MRCCA, and amends Chapter 95.21 Public Nuisances Affecting Health to add clarifying language to hazardous weeds and vegetation. SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this 18th day of December, 2023. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-C-01 (a-f) Planning Commission Memorandum To: Planning Commissioners From: Justin Fortney, City Planner Date: November 27, 2023 Item: Public Hearing: Proposed City Code - Mississippi River Corridor Critical Area Overlay District and Related Items Planning Commission Action Requested: Hold a public hearing, review the following proposed ordinance amendments related to the MRCCA (Mississippi River Corridor Critical Area) ordinance, and make a recommendation to the City Council: 1. Proposed City Code Chapter 152A - MRCCA (Mississippi River Corridor Critical Area) ordinance. 2. Amend Official Zoning Map Chapter 155.01 with proposed MRCCA overlay districts. 3. Zoning Chapter 155.08 related to weeds and grasses. 4. Property Maintenance Requirements Chapter 158.04 related to weeds and grasses. Background: The MRCCA is a 72-mile corridor along the Mississippi River through the Twin Cities, including Hastings. Originally created as The Critical Areas Act in 1973 with subsequent reiterations until the Minnesota Legislature in 2017 passed MN Rules, Chapter 6106 requiring adoption of local (i.e., City) controls to implement MRCCA development standards. The purpose is to maintain the natural and scenic character and minimize negative impacts to riparian areas and bluffs. This is accomplished by additional development regulations beyond Zoning, Floodplain, and Shoreland Management ordinances. The MRCCA ordinance relates to overlay districts as provided in Minnesota Rules, part 6106.0100, subp. 9. The districts were determined based on the natural and built character of the areas. Natural areas are covered by more restrictive overlays than developed and urbanized locations. The MRCCA chapter protects and promotes natural vegetation. For these required provisions of the proposed model ordinance to function, changes are necessary to existing regulations requiring weed and grass controls that are not compatible. This includes requirements to prohibit or cut natural vegetation. X-C-01 (a-f) Public Input and Open House The proposed ordinance template and district boundaries come from state legislation and the ability for municipalities to modify them is limited. Any modifications must be approved by the DNR with findings that the intent remain unchanged. Staff believed it was still important to provide community outreach to inform the public and address any concerns. Staff held an open house on November 13 at City Hall from 5:00 pm to 6:30 pm. All 170 properties within the corridor overlay were mailed a notice explaining the proposal and provided notice of the open house and this public hearing. Folks were also encouraged to reach out to staff with any questions they had related to their specific properties. There were about 20-25 people in attendance. Those in attendance listened to a summary of the proposal and asked related questions. Aside from the open house, staff has only received a couple of questions by phone. MRCCA Ordinance Provisions: The proposed ordinance includes the following: • Setback requirements for structures and impervious surfaces • Height regulations for structures • Lot widths and sizing to accommodate setbacks • Notice of public hearings for discretionary actions and amendments to the ordinance or districts require notification of the DNR and National Park Service. • Land use regulations related to agricultural, feedlots, forestry, mining, river dependent uses, and wireless communication towers • Performance standards for private facilities o Private roads, driveways, and parking areas o Private water access and viewing facilities o Water-oriented accessory structure o Decks and patios in setback areas o Signs o Fences o Lighting within the ordinary high water setback • Performance standards for public facilities • Vegetation management • Land alteration standards and stormwater management • Large subdivisions and development standards • Additional permitting requirements o Land alterations o Vegetation removal o Conditional use permits o Additional restrictions or prohibition of uses within conservation areas. • The end of the ordinance includes a list of exemptions to some items above MRCCA Ordinance Districts The corridor boundaries have been in place for decades, but the assigned districts are new. They were chosen based on the natural characteristics of each area along with the X-C-01 (a-f) existing built environment. Urbanized areas have less setback requirements than natural areas. Structure setbacks from the OHWL and bluffs, building height limits, and the amount of open space required for subdivisions and redevelopment vary by district. These are the only standards in the MRCCA rules that vary by district. All other standards apply uniformly throughout the corridor. The MRCCA corridor overlay districts within the city will be part of the official city zoning map. They can also be found on DNR and County mapping programs online. Primary Conservation Areas Conservation areas are natural resources that require consideration from impact of an activity. Mainly, these are features that must be protected but some are points from which a setback must be taken. Some of them include SIZ (Shore Impact Zones), BIZ (Bluff Impact Zones), Native Plant Communities, and Significant Existing Vegetative Stands. Several are generally shown on the DNR’s MRCCA Primary Conservation Areas map. Weeds and Grasses City code sections not allowing for natural vegetation within the MRCCA districts must be removed or modified to allow for the new requirements. The following highlighted areas contradict requirements of the proposed MRCCA Ordinance. The attached resolution contains amendments to remove, exempt, or clarify the provisions as they pertain to the MRCCA requirements. The Sign code 155.08 3.b. All signs/sign structures shall be maintained in safe and orderly condition with the areas around them kept free from debris, bushes, high grass/weeds, or anything else that would be a nuisance. Remove: bushes, high grass/weeds Property Maintenance Requirements 158.04 D. Grass And Weeds On Public or Private Property. 1. It is unlawful for any owner, occupant or agent of any lot or parcel of land in the city to allow any vegetation such as weeds or grass growing upon any such lot or parcel or land to grow to a height greater than 12 inches or to allow such weeds or grass to go to seed. 2. If any such owner, occupant or agent fails to comply with this height limitation and after notice given by the Property Maintenance Inspector, or his or her agent, has not complied within 72 hours of such notice, the city shall cause such weeds or grass to be cut and the expenses thus incurred shall be a lien upon such real estate. The city shall certify to the Dakota County Auditor, a statement of cost incurred by the city. Such amount, together with interest, shall be entered as a special assessment against such lot or parcel of land and shall be collected in the same manner as real estate taxes. 3. Property owners must also comply with City Code § 90.05 regarding Grass, Weeds, and Trees in Street. 90.05 Grass,_Weeds,_And_Trees_In_Streets X-C-01 (a-f) B. Duty Of Property Owners To Cut Grass And Weeds And Maintain Trees And Shrubs. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of the property nearest to the street in the center of the street. If the grass or weeds in such a place attain a height in excess of 12 inches it shall be prima facie evidence of a failure to comply with this division The following exemption is proposed for the above two sections (158.04 & 90.05) Exemption. Any ground cover vegetation located in the following areas is hereby exempt from height and going to seed restrictions: a. Shore impact zones; b. Areas within fifty feet (50') of a wetland or natural drainage way; c. Bluff impact zones; d. Areas of native plant communities; and e. Significant vegetative stands, with said areas identified under Section 152A, Mississippi River Corridor Critical Area (MRCCA) Overlay District ordinance. Ground cover vegetation and any vegetation management within the MRCCA Overlay District shall comply with the Vegetation Management requirements and standards of Section 152A.09 and any Vegetation Management Permits approved by the City. Lastly, Chapter 95.21 Public Nuisances Affecting Health, contains provisions relating to public health nuisances including noxious weeds and other rank growths of vegetation. This section is intended to only address vegetation hazardous to public health and the legal definition of noxious weeds and other rank growths of vegetation directly relate to public health. They are defined as injurious to humans, animals, and ecosystems and vegetation which has or will attain such growth to be a fire hazard, respectively. To assure that the item is not defined and cited out of context, the key point of being a health hazard is reiterated for clarity. The following are hereby declared to be nuisances affecting public health: A. Exposed accumulation of decayed or unwholesome food or vegetable matter; B. All diseased animals running at large; C. All ponds or pools of stagnant water; D. Carcasses of animals not buried or destroyed within 24 hours after death; E. Accumulations of manure, refuse, or other debris; F. Privy vaults and garbage cans which are not rodent-free or fly-tight or which are so maintained as to constitute a health hazard or to emit foul and disagreeable odors; G. The pollution of any public well or cistern, stream or lake, canal or body of water by sewage, industrial waste or other substances; H. All noxious weeds and other rank growths of vegetation upon public or private property which constitute a health hazard; I. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; J. All unnecessary and annoying vibrations; K. Violations of City Code § 152.09 (Illicit Discharges and Connections) L. Any offensive trade or business as defined by statute not operating under local license. Update X-C-01 (a-f) The city’s legal counsel has recommended the following modification to the accommodations section 152A.03 to be compliant with the Americans with Disabilities Act and related case law. The proposed change has been incorporated into the resolution. Staff forwarded this proposed modification t the DNR as required. They asked how the city intends to have structures made with accommodations for disabilities removed at a future date. Staff responded that there is no such proposal to ask for an end date to the need for accommodations or a plan to enforce destruction of them at such a time. I. Accommodating disabilities. Reasonable accommodations for ramps or other facilities to provide persons with disabilities access to the persons’ property, as required by the federal Americans with Disabilities Act and the federal Fair Housing Act and as provided by Minnesota Rules, chapter 1341, must: 1. Comply with § 152A.06 to § 152A.12; or 2. If § 152A.06 to § 152A.12 cannot be complied with, ramps or other facilities are allowed with an administrative permit provided: a. The permit terminates on either a specific date or upon occurrence of a particular event related to the person requiring accommodation; and b. Upon expiration of the permit, the ramp or other facilities must be removed. I. Accommodating disabilities. Reasonable accommodations to provide persons with disabilities access to housing, as required by the Federal Americans with Disabilities Act and Fair Housing Amendments Act, and as provided in Minnesota Rules, Chapter 1341, must meet the following test: a. The desired accommodation will affirmatively enhance the disabled individual’s quality of life; and b. Varying from the ordinance requirements will not be so at odds with the purpose behind the ordinance that it would be a fundamental alteration in the nature of the ordinance. X-C-01 (a-f) City Council Memorandum To: From: Date: Item: Mayor Fasbender & City Councilmembers Chris Eitemiller, Finance Manager December 18, 2023 Second Reading of Chapter 34: Fees Council Action Requested: Council is requested to hold the second reading and approve ordinance amendment adjusting various City fees. Background Information: Utility fees In 2023, the City worked with Northland Securities on a Utility Rate review which looked at the sustainability of our utility funds to cover projected capital needs over the next several years. The review recommends rate increases for water, sewer, and storm water. In accordance with this review, staff recommends a 3.5% increase in water rates. This will help fund infrastructure improvements and other capital maintenance projects. Corrections were made to five fees from the first reading. A 4.5% increase is recommended for our sewer rates. This adjustment keeps the fund in line with inflationary increases to expenditures and assist with funding the infrastructure improvements and capital asset purchases in the coming years. A 4% increase is also recommended for our Storm Water Fund. The Storm Water Fund’s future capital projects are driving this proposed increase. Water and Storm Water rate increases match what was implemented for 2023, whereas the Sewer rates increased from 2.0% to 4.5% due to increased capital expenditure projections. Credit Card Convenience Fee The City must pay fees to credit card companies for each credit card transaction. Government agencies and private businesses are allowed to charge a convenience fee for customers paying with a credit card. For 2023, the average percentage of credit card transaction fees paid by the City is 3.7%. Staff requests permission to add this new charge to the City fee schedule. Ambulance Fees The Fire/EMS department proposes to increase ambulance run fees. The ambulance fees were last increased in 2022. In comparing rates with neighboring communities, Hastings was considerably lower. Meanwhile, costs have increased for operating our ambulance service. Increasing costs include maintenance, fuel, and replacement of the ambulances, as well as EMS supplies, medications, various EMS equipment and medical devices, as well as additional hiring. X-E-01 SAC/WAC Fees These fees charge development-related infrastructure to the new development, rather than passing the costs along to utility customers. As part of the utility rate study conducted by Northland Securities, and presented to the City Council on September 18, 2023, there are recommended increases. a. Increase WAC fee from $2,306.25 to $2,957 per unit b. Increase SAC fee from $708.75 to $945 per unit Arena Fees The Parks Department proposes to increase ice rental rates, dry floor rental, public skate session fees and birthday party packages beginning on July 1, 2024 to help offset continually increasing operating expenses. Even with this increase, Hastings will have lower prime time rental rates than all but one of twenty ice arenas in this immediate area. Non-prime time rental rates will also be near the bottom of this area, with seven of the twenty arenas having lower rates at non-prime times. The spring/summer rental rates are also near the bottom of this group of arenas. Other Parks Fees The Parks department proposes a number of maintenance-related rate increases in other areas, such as Park rentals and softball league fees. These fees are increased periodically to help offset increasing expenses. Some equipment rental and recreation programs have been discontinued, so this is also noted on the fee table. Police Fees The Police department requests to add some fees and update language to conform to state law. The department also requests increasing the animal impound fee to offset increased expenses paid to board these animals. Some of the Dangerous and Potentially Dangerous dog fees had been established in ordinance previously but had not yet been specifically defined in the fee schedule. Language to allow charging data subjects actual cost for requested documents was inadvertently omitted from the 1st Reading. Cannabis License Fees Based on changes in state law earlier this year, the cannabis retail license fees are being amended. Financial Impact: Utility Fees The proposed rate increase is included in the 2024 budget. It is anticipated this increase will create a neutral or positive revenue stream from each of the utility funds. Rate increase requests in future years will be evaluated based on the fund health and are expected to be in line with inflationary measures and capital projects. X-E-01 If approved, the updated fee structure will be effective with the January 2024 billing. Residential Impact Chart – quarterly bill Credit Card Convenience Fee Credit card transaction expenses currently absorbed the City are projected to total approximately $112,000 in 2023. By adding 3.7% to each credit card payment processed, the City will generate revenue to provide this service rather than needing tax revenues to offset these expenses. Ambulance Fees The proposed rate increase is not included in our 2024 budget. Due to two years of poor Ambulance revenues, staff requests this rate increase be allowed as a method to improve the Fire/EMS fund’s financial position. Whatever the new rates generate would first go to replenishing the Fire/EMS fund’s equity. The 2024 revenues generated would provide a dependable baseline to be used in building the 2025 budget. Eventually, increased ambulance revenues, while supporting Ambulance services, will simultaneously help reduce the amount of property taxes needed to provide this service. Arena Fees The ice rental rates are schedule to begin on July 1, 2024, and would generate funding to help pay for increasing costs. Other Parks and Police Fees The other proposed fee changes for both Police and Parks would not generate substantial revenues and are intended to maintain a similar level of revenue to offset cost increases. Advisory Commission Discussion: N/A Council Committee Discussion: The November 27th Finance Committee meeting included discussion on the utility funds and rate increase requests. Attachments: Ordinance amendment and full Fee Schedule changes X-E-01 SECOND READING CITY OF HASTINGS, MINNESOTA ORDINANCE NO. 2023- THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 34 OF THE HASTINGS CITY CODE PERTAINING TO FEES FOR MUNICIPAL SERVICES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Chapter 34 of the Hastings City Code is hereby amended as follows: Section 34.03 Fee Schedule Public Works Fee Changes Current Proposed SAC Fee $780.75 per unit $945.00 per unit WAC Fee $2,306.25 per unit $2,957.00 per unit Water Base Charges 5/8” & ¾” Meter $20.10 $20.80 1.0” Meter $50.25 $52.00 1.25” & 1.5” Meter $100.50 $104.02 2.0” Meter $160.79 $166.42 3.0” Meter $301.50 $312.05 4.0” Meter $653.21 $672.81 6.0” Meter $1,406.92 $1,456.16 Irrigation Base Charges 5/8” & ¾” Meter $40.20 $41.60 1.0” Meter $100.50 $104.00 1.25” & 1.5” Meter $201.00 $208.04 2.0” Meter $321.58 $332.84 3.0” Meter $603.00 $624.10 4.0” Meter $1306.42 $1,345.62 6.0” Meter $2,813.84 $2,912.32 X-E-01 Section 34.03 Water Consumption Residential Users (applies all year) 0 – 15,999 gallons $1.21/1,000 gallons $1.25/1,000 gallons 16,000 – 30,999 gallons $1.57/1,000 gallons $1.62/1,000 gallons 31,000 – 60,999 gallons $2.52/1,000 gallons $2.61/1,000 gallons 61,000 gallons and above $4.78/1,000 gallons $4.95/1,000 gallons Other Users 0 – 15,999 gallons $1.21/1,000 gallons $1.25/1,000 gallons 16,000 – 75,999 gallons $1.57/1,000 gallons $1.62/1,000 gallons 76,000 – 200,999 gallons $2.52/1,000 gallons $2.61/1,000 gallons 201,000 gallons and above $4.78/1,000 gallons $4.95/1,000 gallons Sewer Rates Sewer Fixed Charges $19.42 $20.29 Sewer Consumption Charge (based on metered use during winter billing quarter) $4.40/1,000 gallons $4.60/1,000 gallons Storm Water Utility Rates Low Density Residential $21.55/lot $22.41/lot Medium Density Residential $11.85/lot $12.32/lot High Density Residential $84.00/acre $87.36/acre Manufactured Housing $64.62/acre $67.20/acre Commercial/Office $103.38/acre $107.52/acre Industrial $90.45/acre $94.07/acre Public/Institutional Exempt/acre Exempt/acre Golf Course $19.40/acre $20.18/acre Open Space/Vacant $21.55/lot $22.41/lot Agricultural $21.55/lot $22.41/lot Parks and Recreation Fee Changes Current Proposed Civic Arena Dry Floor Rental (effective July 1, 2024) Per hour $85.00 plus tax $90.00 plus tax All Day $780.00 plus tax $900.00 plus tax Civic Arena Ice Rental (effective July 1, 2024) Prime $215.00 per hour plus tax $220.00 per hour plus tax Birthday Party Package $100.00 plus tax $120.00 plus tax Public Skate: Ice Skating $5.00 $6.00 Ice Hockey $7.50 $8.00 Free Style $10.00 $12.00 Session book of 10 $40.00 $50.00 Skate Rental $3.00 $4.00 X-E-01 Disc Golf Tournament Resident $100.00 plus tax per day $120.00 plus tax per day Non-Resident $150.00 plus tax per day $170.00 plus tax per day Park Rentals: Open Air Shelter Rental Resident $40.00 plus tax $50.00 plus tax Non-Resident $50.00 plus tax $60.00 plus tax Enclosed Shelter Rental Resident $50.00 plus tax $60.00 plus tax Non-Resident $60.00 plus tax $70.00 plus tax Park Space Rental Resident $40.00 plus tax $50.00 plus tax Non-Resident $50.00 plus tax $60.00 plus tax Levee Park: Rent entire park Resident $300.00 plus tax $310.00 plus tax Non-Resident $360.00 plus tax $370.00 plus tax Rotary Pavilion – Full Day Resident $150.00 plus tax $160.00 plus tax Non-Resident $180.00 plus tax $190.00 plus tax Rotary Pavilion – Half Day Resident $80.00 plus tax $90.00 plus tax Non-Resident $100.00 plus tax $110.00 plus tax Amphitheater Resident $100.00 plus tax $110.00 plus tax Non-Resident $120.00 plus tax $130.00 plus tax Party Wagon Multiple rates $125.00 plus tax Softball/Per team: Adult Spring/Summer Men’s League $740.00 $750.00 Women’s League $590.00 $600.00 Co-ed League $510.00 $600.00 Adult Fall Men’s League $360.00 $375.00 Co-ed League $360.00 $375.00 Adult Sand Volleyball $260.00 tax included Adult Bags League $50.00 tax included Memorial Bench Sponsorship $800.00 $1000.00 Parks and Recreation Fees to Remove as Offerings and Programs are no longer in place: 1) Park Equipment, Winter Equipment, and Picnic Table Rental X-E-01 2) Recreation fees for Basketball, Broomball, Disc Golf, Dodge Ball, Football, Kickball Fire Fees Current Proposed Code BLS $1,510.00 $1,992.00 Code ALS-1 $1,795.00 $2,685.00 Code ALS-2 $1,984.00 $2,826.00 Finance Fees Current Proposed Credit Card Convenience fee 3.7% Late Payment Penalty 10% of amount billed or $25.00, whichever is greater 10% of amount billed Police Fees Current Proposed False Alarms 4th False Alarm $150.00 $200.00 5th and each subsequent alarm $250.00 $300.00 Dog License Two-year (non-spayed or non- neutered) $12.00 $15.00 Dog Pick Up Impound Fees $70.00 $80.00 Potentially Dangerous/Dangerous Dog Dangerous Dog Annual Registration Fee $500.00 $500.00 Potentially Dangerous Dog Annual Registration Fee $0.00 $250.00 Dangerous Dog Warning Symbol Signage (required) $0.00 $15.00 Dangerous Dog Warning Symbol Tag (required) $0.00 $7.00 Dangerous Dog Non-refundable Appeal Filing Fee $200.00 $200.00 Police Reports Commercial Use Reports – Accident Reports $0.00 $0.50 per record Commercial Use Reports – Arrest and Citation Reports $0.00 $0.25 per page single-sided $0.50 per page double-sided Copies – Member of the Public – 100 or fewer pages black and white copies $0.25 per page $0.25 per page single-sided $0.50 per page double-sided Copies – Member of the Public – 100 or fewer pages color copies $0.25 per page $0.50 per page single-sided $1.00 per page double-sided X-E-01 Copies – Data Subject $0.00 Actual Cost Photos $5.00 Actual Cost Video $5.00 Actual Cost Audio Recording Statements $5.00 Actual Cost City Clerk Current Proposed Cannabis Product Retail License $8,000.00 $500.00 Initial and First Renewal $1000.00 Subsequent Renewals Cultivation License $200.00 $0.00 X-E-01 Moved by Councilmember , seconded by Councilmember to adopt the ordinance as presented. Adopted by the Hastings City Council on this 18th day of December 2023, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ATTEST: Mary Fasbender, Mayor Kelly Murtaugh, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 18th day of December 2023, as disclosed by the records of the City of Hastings on file and of record in the office. Kelly Murtaugh, City Clerk X-E-01