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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, August 19, 2024 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
V. APPROVAL OF MINUTES
Approve Minutes of the City Council special meeting on July 22, 2024 and regular meeting on
August 5, 2024.
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
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. 2nd Reading: Ordinance Amendment: City Code Chapter 34.03 – Fee Schedule – Police
Department
3. Approve ATV Application for Michael A. Haagen
4. Approve Special Event Designation: Relay for Life
5. Approve Amendment to Special Event Designation: Rivertown Live
6. Resolution: Approve Temporary One-Day Gambling Permit for Patriot Assistance Dogs
7. Approve Pay Estimate #2 for the 2024 Neighborhood Infrastructure Improvements to A-1
Excavating LLC ($534,471.19)
8. Resolution: Accept Donations for the 2024 National Night Out Lions Park Neighborhood
Celebration
9. Resolution: Approve Fund Closures
10. Approve Revised Purchasing Policy
11. Resolution: Approve Budget Amendment - City Hall Dome & HVAC Project Budget
12. Authorize Signature: Agreement for SAC\WAC Deferral – 214 2nd Street East
13. Approve Community Investment Fund Projects
14. Approve Contract Addendum: BS&A Payment Module
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
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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. Public Hearing\Resolution: Special Use Permit – Cannabis – Westview Smokes (1355
South Frontage Rd)
2. Public Hearing\Resolution: Special Use Permit – Cannabis – Hastings Tobacco 1 (1769
Market Blvd)
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
1. Resolution: CSAH 42 Corridor Study Recommended Scope of Improvements -
Dakota County
B. Parks and Recreation
C. Community Development
1. Resolution: Special Use Permit – Cannabis – ACE Liquor (1355 South Frontage Rd)
2. Downtown Parking Report
D. Public Safety
E. Administration
1. Resolution: Approve New Cannabis Retail Sales License for ACE Liquor
2. Resolution: Approve New Cannabis Retail Sales License for Westview Smokes
3. Resolution: Approve New Cannabis Retail Sales License for Hastings Tobacco 1
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Tuesday, September 3, 2024 7:00 p.m.
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Hastings, Minnesota
Joint City Council and HEDRA Meeting Minutes
July 22, 2024
The City Council of the City of Hastings, Minnesota met in a special joint meeting with the Hastings
Economic Development and Redevelopment Authority (HEDRA) on Monday, July 22, 2024 at 6:00 p.m. in
the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Council Members Present: Mayor Fasbender, Councilmembers Fox, Leifeld, Pemble, and Vihrachoff
Council Members Absent: Councilmembers Haus and Lawrence
HEDRA Members Present: Carter, Goblirsch, Horsch, City Councilmember Fox, City Councilmember
Pemble
HEDRA Members Absent: Johnson and Anderson
Staff Present: City Administrator Dan Wietecha
Community Development Director John Hinzman
Economic Development Coordinator Alex Menke
Others Present: Dakota County CDA Commissioner Mike Slavik
Dakota County CDA Staff Lisa Alfson and Maggie Dykes
Discussion of Local Affordable Housing Aid (LAHA)
Director Hinzman introduced Lisa Alfson and Maggie Dykes from the Dakota County Community
Development Authority (CDA) to present background on LAHA and how the Dakota County CDA could
assist the City in providing housing services via LAHA funding.
Council and Commissioners discussed the following:
Would city funds be used exclusively for city residents. CDA representatives stated they
would.
Could LAHA funding be used in conjunction with other agency funding for project goals, in
particular Radon testing.
Would city participation in programming move city residents forward on wait lists.
Could gap financing be used with other funding to achieve project goals.
Could CDBG and LAHA be used together?
Could LAHA be used by the City to achieve our Vermillion Street redevelopment goals.
No action was requested or taken. HEDRA will further discuss and City\HEDRA will let the CDA
know if they request assistance in programming.
Councilmember Leifeld motioned to adjourn the meeting at 6:57 p.m., seconded by Councilmember
Vihrachoff.
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____________________________ ______________________________
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
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
August 5, 2024
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 5, 2024 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, Pemble, and
Vihrachoff
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Kori Land
Attorney Matt Ziebarth
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
workshop and regular meeting on July 15, 2024.
Minutes were approved as presented.
Consent Agenda
Councilmember Leifeld motioned to approve the Consent Agenda, seconded by Councilmember
Lawrence.
7 Ayes, 0 Nays.
1. Pay Bills as Audited
2. 1st Reading: Ordinance Amendment: City Code Chapter 34.03 – Fee Schedule – Police
Department
3. Resolution No. 08-01-24: Approve New Premises Permit Request for Climb Theatre at Cooper’s
Pub 55, 880 Bahls Drive
4. Accept Community Safety Grant from CenterPoint Energy – Fire Department
5. Accept Proposal and Authorize Work – 2025 Neighborhood Infrastructure Improvements Special
Benefit Analysis
6. 2nd Reading: Amend City Code Chapter 34.03 – Building Department Electrical Fees
7. Resolution No. 08-02-24: Authorize Final Plat Extension – Heritage Ridge 4th Addition
Award Contract: Mississippi River Trail Erosion Repair
Wietecha presented the request to consider awarding a contract for the Mississippi River Trail
Erosion Repair. A section of the Mississippi River bank has been slowly eroding away and became a major
safety issue in 2023. At the February 5, 2024 regular City Council meeting Council approved and authorized
funding for the design and engineering of the repair project. Barr Engineering was hired to complete this
process and have been working since that time to complete additional components of the project. Bids were
received and opened, with Fitzgerald Excavating & Trucking, Inc. submitting a complete bid meeting all of
the requirements and with the lowest cost at $49,515.00. The project is anticipated to be completed mid-
October 2024. Wietecha indicated Dakota County will be picking up 40% of the cost.
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
Council discussion on more protective fencing around the area until the work is completed. Council
expressed appreciation for the work of staff with Dakota County. Wietecha indicated that we would look into
potential fencing solutions. Council discussion on the proposal details, noting the proposal does not include
the area near the American Legion building. Wietecha indicated other options are being reviewed to address
the area and its needs.
Councilmember Pemble motioned to approve as presented, seconded by Councilmember Fox.
7 Ayes, 0 Nays.
Resolution No. 08-03-24: Mobile Food Unit License Application Hearing: Gregory Brannon (G’s Sweet
Truck)
Attorney Ziebarth presented the request to hold a hearing on the license application for a Mobile Food
Unit license for Gregory Brannon to operate G’s Sweet Truck. Ziebarth highlighted the license process and
non-compliance documentation related to the ordinance. Ziebarth concluded with a recommendation to deny
the license based on a number of factors.
License applicant, Gregory Brannon, 1936 Eddy St, Unit C, indicated that the application did not ask
for detail on felony but that he did write a letter as part of the application. He noted that he is in treatment and
that his last offense in 2021. He indicated that he got his driver’s license reinstated. He noted that he wants
to comply with requirements, has updated insurance, and paid fees. He believes that the delays in getting the
license are unfairly connected to his prior actions. He believes he was told that he did not need a license if
invited to an event by an organizer. He said he is trying to comply with requirements and provide for his
family and asked for consideration from Council to recognize the steps he has taken.
Council discussion on appreciation for Mr. Brannon’s efforts at participating in the hearing and steps
he is taking to improve his life. Questions about his lack of response to requirements and choices he made
having continued to cause challenges. Council discussion on the need to complete an application and meet
requirements to be able to sell in the City. Council discussion on why he continued to operate without a
license. Brannon indicated the application process was a confusing process, specifically referencing insurance
requirements and the process delayed repeatedly. Council discussion on the responsibility to the community
and applicant’s continual pattern of being non-compliant. Brannon indicated he has taken steps to reinstate his
driver’s license but has not been able to schedule the driver’s test. Council discussion about peddler versus
mobile food unit licenses and event invitations. Clerk Murtaugh provided clarification of the two licenses and
indicated that licenses are required to operate within the City. Council reviewed the steps to be able to seek a
license in the future. Attorney Ziebarth shared additional information on the State of Minnesota business
entity registration of G’s Sweet Truck LLC, indicating the registration had been terminated due to inactivity
and not filing records. Ziebarth shared the Minnesota DVS did not indicate that Mr. Brannon’s driver’s
license was reinstated.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld.
7 Ayes, 0 Nays.
PFAS Update
As it is the first meeting of the month, Wietecha presented the PFAS Update.
Public Works is looking at several sites for water treatment plants 2 and 3 with a preference to stay
out of residential areas. Most potential sites are on private property and staff are reaching out to property
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
owners for discussion. The Minnesota Veteran’s Home is currently served by a private well, exceeding PFAS
limits. Because there was no bonding bill to support, the City cannot simply include their connection as part
of the City’s project. The Vet’s home is now doing its own feasibility study. If the Vet’s home discovers that
it is more feasible to connect to the City system, connect fees could be assessed to the Vet’s Home over time
The City is looking at a substantial water rate increase, especially if there is no outside assistance.
Council agreed to delay the start of the first water treatment plant bid process until early 2025 to allow time to
communicate to residents and find out the results of the grant applications. The state’s Co-Trustees have
stated that a direct connection to at least one of the 4 disposal sites north of the river is required to access 3M
Settlement funds. Evidence of a connection for Well #5 has since been determined. When meeting with the
Co-Trustees and the Attorney General’s Office in late July, they proposed to use the Superfund process to
require 3M to cover the costs associated with Well #5. Wietecha indicated that the Superfund is often a long
process. The City anticipates environmental investigations to continue as planned by the MPCA to determine
connection and eligibility for the City’s other wells.
Announcements
• National Night Out is an annual community-building event. Please join us Tuesday, August 6, at
Lions Park or in local neighborhood gatherings.
• Summer Rec Programs at Levee Park…
o Thursday, Aug 8, Music in the Park with “Buffalo Alice – Classic.” Supported by the Ruth
and George Doffing Charitable Fund.
o Friday, Aug 9, Movies in the Park with “Migration.” Sponsored by Ardent Mills. Please bring
a non-perishable food donation.
o Thursday, Aug 15, Music in the Park with “Root River Jam – Rock, Blues, and Americana.”
Supported by the Ruth and George Doffing Charitable Fund.
• Coffee with a Cop is Thursday, Aug 8, at Starkson Funeral Home. Join the police to ask questions,
voice concerns, and get to know one another.
• Makers Market will be in Levee Park on Thursday, August 8. Support area makers and artisans within
our historic downtown and riverfront park by shopping at the markets.
• Concerts in the Orchard at the LeDuc Historic Estate will feature “New Pearl Buttons” on August 11
and “Darlene and the Boys” on August 18. Sponsored by Merchants Bank.
• Rec + Art + Police is Wednesday, Aug 14, at Lions Park with nature sun catchers and inflatable rock
wall and giant slide. Recommended for elementary and middle schoolers. Supported by SC Toys,
Country Financial, Hastings Lions Club, Hastings Family Service, Community Ed, and Hastings
Prescott Arts Council.
• Cop on a Rooftop is Friday, Aug 16. Visit Dunkin Donuts to support the athletes of Special Olympics
Minnesota. This event is part of the Special Olympics Minnesota Law Enforcement Torch Run for
Special Olympics.
Meetings
• HEDRA Meeting on Thursday, August 8, 2024 at 6:00 p.m.
• Administration Committee Meeting on Monday, August 12, 2024 at 7:00 p.m.
• Planning Commission Meeting on Thursday, August 12, 2024 at 7:00 p.m.
• Arts & Culture Commission Meeting on Wednesday, August 14, 2024 at 6:00 p.m.
• Finance Committee Meeting on Wednesday, August 14, 2024 at 6:00 p.m.
• Public Safety Advisory Commission Meeting on Thursday, August 15, 2024 at 6:30 p.m.
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
• City Council Regular Meeting on Monday, August 19, 2024 at 7:00 p.m.
Councilmember Haus motioned to adjourn the meeting at 8:18 PM, seconded by Councilmember
Pemble. Ayes 7; Nays 0.
_____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 08/15/2024
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of July 2024 auto payments.
Council review of weekly routine disbursements issued 08/13/2024.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 08/20/2024.
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:
July 2024 Auto Payments $ 258,511.75
Disbursement Checks, Hedra & EFT issued on 08/13/2024 $ 484,477.08
Disbursement Checks, Hedra & EFT to be issued on 08/20/2024 $ 623,820.77
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: August 19th, 2024
Item: 2nd Reading: Animal Impound Fee Schedule Adjustment
Council Action Requested:
Approve fee schedule adjustment to account for fee increases from River Bluff Humane Society in
accordance with Ordinance 34.03 Fee Schedule for Dog Pick Up.
Background Information:
In July 2024, the Hastings PD was notified by River Bluff Humane Society that fees for overnight stays
would increase from $20/night to $25/night. The Hastings PD has a contract with River Bluff Humane
Society to assist with our dog impounds when needed. This increase in fees requires council approval as
the burden is placed on the owner and payment required prior to retrieval of the dog. Aside from the
requested fee schedule change, all other policies, and procedures relative to handling impounds remain
the same.
Financial Impact:
No budgetary impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
Animal Impound Fee Adjustment
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING HASTINGS CITY CODE CHAPTER 34.03 – FEE SCHEDULE
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 34.03 Fee Schedule – Police
34.03 Police
Storage Fee (per overnight stay) $25.00 day
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
, modifies City Ordinance Section 34.03 - Fee Schedule
of the City Code increasing the storage fee per overnight stay for impounded
animals.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Adopted by the Hastings City Council on this day of , 2024 by the
following vote:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: August 19, 2024
Item: Approve ATV Permit for Michael A. Haagen
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Council Action Requested:
Approve the issuance of a ATV permit to Michael A. Haagen of 762 S. Park Drive for the
operation of a side-by-side ATV on City Streets.
Background Information:
Mr. Haagen 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:
•Permit Inspection
DATE: August 8, 2024
TO: Emily King, Deputy City Clerk
FROM: Chief David D. Wilske
RE: Disability Permit and Vehicle Inspection
Michael A. Haagen, 762 S. Park Dr., Hastings, MN, has made application to operate an All-
Terrain Vehicle on city streets pursuant to City Ordinance 70.02, OPERATION OF
MOTORIZED GOLF CARTS AND 4-WHEEL ALL-TERRAIN VEHICLES ON CITY
STREETS. As part of the permitting process, the City of Hastings requires that the vehicle(s)
specified for use meets all conditions as outlined in section (G) and (I) of the ordinance.
On August 7th, 2024, Sgt. Sam Beuch inspected Haagen’s 2-door side-by-side UTV. Serial
number# A6LT27TlRJEP015026. It was equipped with mirror as required by section (I), and a
slow moving vehicle emblem as specified under section (G). It should be noted that the vehicle
does have front headlamps and tail lamps. In addition to the above, the operational rules under
section (E), (F), and (H) were discussed.
Based on this inspection, Haagen’s vehicle meets the standards set forth in city ordinance and
can be issued a permit for its operation.
David D. Wilske
Chief of Police
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City Council Memorandum
•All vendors must obtain a vendor license prior to the event, the cost of the
licensure is the responsibility of the event organizer or vendor. Licenses can be
obtained through the Deputy City Clerk.
•American Cancer Society to provide an Insurance Certificate naming the City as an
additional insured.
•Written confirmation for use of land to host a portion of event activities provided
by event coordinator, from private property owner.
•Access to and egress from the alcohol service areas must be staffed with private
security personnel at all times during service hours. Security personnel need not
be uniformed but must wear something that identifies them as SECURITY.
Security personnel may be employees of the event’s liquor license or volunteer
staff.
•Security personnel are expected to immediately report to the Hastings Police
Department any traffic safety issues, disorderly conduct, or criminal behavior
that may affect the safety of the event staff, attendees, or surrounding
community.
•Identification checks must be made to ensure with the Minnesota alcohol
consumption possession statutes.
•Alcoholic beverages are not permitted to leave event boundaries.
To: Mayor Fasbender & City Councilmembers
From: Paige Marschall Bigler, Recreation Program Specialist
Date: August 19, 2024
Item: Special Event Designation – Relay for Life
Council Action Requested: Designate Relay for Life ‘Party on the River’ as a Special Event
coordinated by the American Cancer Society on Saturday, September 21 from 4:00 p.m.
–9:00 p.m.
Background Information:
The American Cancer Society’s event planners are requesting use of the Rotary Pavilion,
Amphitheater and surrounding area at Levee Park to host a Relay for Life event, ‘Party on
the River’ encompassing a similar footprint that was approved in 2023. The event will
include: live music, food & beer tent, luminary bags, kids’ activities, & silent auction.
Anticipated attendance is 300 people. The application and event map are included for
City Council review. Since 2017, the American Cancer Society has held their Relay for Life
event at Levee Park and it has been a success. City Staff are supportive based on the
following conditions:
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•On the attached map, event organizers indicate the Relay for Life walk utilizing a
portion of the Mississippi River Trail. The trail will remain open to the public and
walkers will be in small sporadic groups, allowing for regular use of the Trail.
•City restroom facilities will remain open but will not be staffed by City personnel.
Staff will clean restroom facilities prior to the event and provide a key to event
representative for stocking bathroom supplies as needed.
•Portable toilets are recommended to be placed on-site to alleviate over-use of the
indoor bathrooms.
•Event organizers are required to work with a hauler for trash and recycling
containers on-site. Containers must be paired side-by-side and visually labeled as
Trash and Recycling. All garbage generated from the event will be hauled off site
by event organizers in coordination with their hauler.
•Any tent or additional “structures” used within the park will need to be anchored
with weights. No stakes due to underground irrigation and bedrock.
•Decorations must be adhered with rope, zip ties or other materials that does not
leave a mark on the facilities.
•No unauthorized vehicles on City trails or parked in Levee Park.
•All event supplies and equipment will be removed by event organizers directly
following the end of the event.
•Event organizers agree the site will be left in at least the condition it was pre-
event.
•Any other reasonable conditions as determined by staff to ensure a successful
event.
Financial Impact:
This event, although requesting designation as a Special Event, will also be subject to a
Park Rental Fee in accordance with the City’s fee schedule for exclusive use of areas.
•Rotary Pavilion, Amphitheater and surrounding area: $370.00
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪Relay for Life - Special Event Permit Application
▪Relay for Life – Event Map
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Special Event Permit Application
Parks & Recreation Department
920 10th Street West
Hastings, MN 55033
651-480-6175
A Special Event Permit is required for events who wish to
exclusively use City Property and/or require City services to ensure safety and coordination. A Special
Event is defined as any race, concert, community celebration, fundraiser, dance, car show, large assembly,
or other Special Event on City property that has received City Council approval. Please see our Special
Event Policy for additional information at www.hastingsmn.gov
APPLICATION CHECKLIST:
Application must be submitted at least sixty (60) days prior to the event.
It is our goal to provide event organizers guidance in planning safe and successful events.
◻ Special Event Permit Application
◻ Site Map of Proposed Areas of Impact
▪ Run/Walk Routes, Parade Routes, Downtown Event, Concert/Performance Staging, etc.
◻ Certificate of Insurance
▪ Please see section regarding insurance on page 8.
APPLICATION PROCESS:
◻ Submit the completed application packet to the Parks & Recreation Department.
◻ Allow 14 business days after application has been received for review.
◻ If additional information is required, the applicant will be contacted by City Staff. ◻
Once initial review is complete, all supporting documents must be submitted by event
organizer.
◻ Once all queries are concluded, the application must go before City Council for final
approval.
◻ Throughout the City Staff review process, the Event Coordinator will work with the Deputy
City Clerk for additional required licensing in conjunction with the event.
CONTACT INFORMATION:
Paige Marschall Bigler, Recreation Programming Specialist
pmarschall@hastingsmn.gov
651-480-6182
- Special Event Application
- Park Rentals
Emily King, Deputy City Clerk
eking@hastingsmn.gov
651-480-2343
- Additional Licensing
- Mobile Food Units, Temporary Liquor Licensing, Temporary Gambling Licensing,
Temporary Vendors
Special Event Permit Application Page 1 of 10
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Organization Information (if applicable)
Organization: RELAY FOR LIFE / AMERICAN CANCER SOCIETY
Primary Phone Number: 651-442-7960
Website Address: www.relayforlife.org/hastingsmn
Event Organizer
Name and Title: Linda Kampa, EVENT LEAD
Mailing Address: 910 Southview Drive
Primary Phone Number: 651-442-7960
Email Address: linda.kampa@allina.com
On-Site Contact: Linda Kampa
Primary Phone Number: 651-442-7960
Email Address:
General Event Information
Event Name: Relay For Life of Hastings, Party on the River
Type of Event:
Race/Run/Walk Downtown Event Concert/Performance Fundraiser
Other: ______________________________________________________________________________
Event Description in Detail:
Community even to raise money for the cancer society. People walk
around the path, look at luminary bags to remembe cancer survivors and
those that have passed. Live music, food and drink. Open to team
members, family, friends, anyone in the community.
______________________________
Is this an annual event? ____x__ Yes _____ No
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Is this a multi-day event? ______ Yes __x___ No
Event Start Date: ___Saturday September 21, 2024 Event End Date: Saturday September 21, 2024_
Is the event open to the public or private? Public
Special Event Permit Application Page 2 of 10
Is there an admission fee? ______ Yes __X____ No
What is the anticipated attendance? 300
What was the previous year’s attendance? 200
Where will the event be located?
LEVEE PARK / ROTARY PAVILION
A Park Rental Permit is required for events located within a City Park. Contact the City of Hastings Parks and
Recreation Department for park facility availability information: 651-480-6175.
Event Set-Up and Tear Down
How many days will your organization require to: Set-Up: 1 Tear Down: _____________
Event Set-Up Date: 9-21-24_____ Event Set-Up Time: _9AM_ to 4PM
Event Start Date: 9-21-24_ Event Start Time: 4PM
Event End Date: 9-21-24 Event End Time:9PM
Event Tear Down Date: 9-21-24 (may have to
come back in a.m. to get large tent!
Event Tear Down Time: 9PM - 11PM
Staging Details
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The following items will be used at the event (please mark all that apply):
Amplified Sound / Music / Live Entertainment Tents/Canopies / food truck / bouncy
house < all
Other ____________________________________________________________________________
If any of the above items will be used, please indicate their location on your attached Site Plan / Map. Use of
the above items may require the Event Organizer to meet ADA Regulations.
Parking Details
Please describe Public Parking Arrangements for attendees, staff & volunteers. (Please indicate location(s)
on Site Plan / Map)
Parking wherever available. Levee parking lot - downtown street
Special Event Permit Application Page 3 of 10
Portable Restrooms
Event Organizers are responsible for the event cleaning of existing on-site portable restrooms as well
as the rental and fees associated of any additional portable restrooms and/or hand-washing stations
with a vendor of their choice to support their event. Use of these items may require the Event
Organizers to meet ADA Regulations. (Please indicate locations(s) of portable restrooms on Site
Plan / Map)
Company Name:
Contact Phone Number & Email:
Waste Removal
Event Organizers are responsible for arranging the removal of all waste related to the event and
related fees. This includes but is not limited to, emptying of trash bins and removal of waste from
the event site. Event organizers must work with a vendor to support their event. (Please indicate
locations(s) of waste removal bins on Site Plan / Map)
◻ All paper and cardboard, cartons, glass bottles and jars, metal cans, and plastics labeled #1,
#2 and #5 must be properly sorted and recycled.
◻ Each trash container must have a recycling container within 10 feet. The City of Hastings has
portable recycling and trash containers that can be checked out for free of charge. Please
email violet.penman@rosemountmn.gov for more information.
◻ Applicant must educate all event staff, volunteers, event vendors, and
housekeeping/custodial contractors using the enclosed Recycle Right Guide.
VIII-04
Company Name: Tennis Sanitation will provide waste containers
Contact Phone Number & Email: event committee
Organics
1. Will the event have at least 300 attendees? ___??___ Yes ______ No
2. Will the event generate at least 1 ton (8 cubic yards) of trash
per location (e.g. each sporting tournament location?)?
______ Yes __x____ No
3. Will the event generate food scraps back-of-house (e.g. non-
public food-prep areas)?
______ Yes __x___ No
If yes to all three organics criteria, the event is required to collect food scraps.
Please contact the Solid Waste & Recycling Coordinator, Violet Penman,
violet.penman@rosemountmn.gov or 612-268-9097 to discuss the following:
What will vendors use for back-of-house food scraps collection? Dakota County has
collection resources available.
How are food scraps collected from vendors for delivery to an organics facility?
Special Event Permit Application Page 4 of 10
Fire Department Services
Event Organizers are responsible for coordinating event safety and emergency coverage with the
Hastings Fire Department. The Fire Department will determine if and how many fire resources will
be required at an event. All Fire Department costs associated with the event are at the responsibility
of the event organizer.
Event will include tents and/or canopies:
x◻ Tents and Canopies over 200 square feet
◻ Other
_______________________________________________________________________
Event will host the use of: NO
◻ Fireworks/Pyrotechnics (a firework display permit is required)
◻ Other
_______________________________________________________________________
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Police Department Services
Event Organizers are responsible for coordinating event security and emergency coverage with the
Hastings Police Department. The Police Department will determine if and how many police
resources will be required at any event. All Police Department costs associated with the event are
at the responsibility of the event organizer.
Event will require traffic control: NO
◻ Event ingress/egress
◻ Street Closures
◻ Other _______________________________________________________________________
Notice of Temporary Street Closure
The City of Hastings requires that all affected residents/businesses both on adjacent to a proposed
street closure be notified of such a street closure. A notification letter may be required to be sent to
businesses and residents in the affected event areas.
Site Plan / Map Instructions
All site plans/maps must be submitted along with the application.
• Site plans/maps must include a directional sign showing North, South, East, and West. • Site
plans/maps must also include a key showing the use of symbols for people, vehicles,
tent(s)/canopies, stage(s), platform(s), barricades, Mobile Food Unit and Vendor staging, Portable
Restrooms, Waste Collection, etc.
• Site plan/map should also show any proposed signage.
Special Event Permit Application Page 5 of 10
Street Closures NONE
Please keep in mind that streets/sidewalks must be closed from intersection to intersection; street
cannot be closed mid-block. Event Organizer is responsible for posting Temporary ‘No Parking’ signs
according to requirements.
Please list the streets/sidewalks, from intersection to intersection; you are requesting to close for your
event. Your Site Plan/Map must show all streets and closures. Street closures are subject to review and
approval by the Hastings Police and Public Works Departments.
Space is provided for four (4) entries. If you need more space, please attach an additional sheet of
paper with the requested information.
(1) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
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(2) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
(3) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
(4) Street Name: _________________________________________________________________
From (cross street): ____________________________________________________________
To (cross street): ______________________________________________________________
Type of Closure: Street Closure Sidewalk Closure
Closure Start Date: ________________________ Closure Start Time: _______________
Closure End Date: _________________________ Closure End Time: _______________
Special Event Permit Application Page 6 of 10
Barricade Equipment NONE
Does the Host Organization have its own barricade equipment? Yes No If not, please indicate
how the Host Organization will meet all required barricade requirements. *The companies
listed below are barricade providers and not recommendations of the City*
Host Organization will rent barricade equipment from a private company from the list below.
(In alphabetical order)
Host Organization will set-up and tear down barricade equipment.
Private company will set-up and tear down barricade equipment.
Geyer Signal
https://www.constructionequip
me nt.com/company/geyer-
signal-st cloud-inc
Phone: 320-253-9005
4205 Roosevelt Road
St. Cloud, MN 56301
Safety Signs of MN
https://www.safetysig
ns mn.com/
Phone: 952-469-6700
19784 Kenrick Avenue
Lakeville, MN 55044
Warning Lites
https://www.warninglitesmn.com/
Phone: 612-521-4200
4700 Lyndale Avenue
North Minneapolis, MN
55430
VIII-04
Miscellaneous
_____ The event organizer(s) will be applying to serve intoxicating liquor.
➢ Please complete the supplemental form on page 9.
_____ The event organizer(s) will be applying for a temporary gambling permit.
_____ This event will have vendors selling goods, wares, products, merchandise, etc.
_____ This event plans to have a petting zoo, pony rides, etc.
➢ Please indicate the location on the Site Map. It will also be required that the event provides
a portable hand-washing station. Special Event Permit Application Page 7 of 10
Indemnification Agreement
Host Organization and/or Event Organizer agree, in consideration of the granting of this application and
Special Event Permit for:
RELAY FOR LIFE OF HASTINGS, PARTY ON THE RIVER to be held on 9-21-24
by LINDA KAMPA of AMERICAN CANCER SOCIETY Event Organizer/Primary Applicant Host
Organization
Host Organization and/or Event Organizer(s) hereby agrees to defend, indemnify and hold harmless the
City of Hastings (“City”), and the City’s employees, officers, managers, agents, council members, and
volunteers from and against any and all losses, damages, claims for damage, liability, lawsuits, judgement
expense and cost(s) however caused, resulting from, arising out of, or in any way related to the Applicant’s
event as herein described, from any injury of death to any person or damage to any property including all
reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and
expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of
where the injury, death, or damage may occur, unless injury, death, or damage is caused by the sole
negligence of willful misconduct of the City. Nothing in this Agreement is to be construed as a waiver by
the City of any immunities, defenses, or other limitations on liability to which the City is entitled to by law,
including, but not limited to, the maximum monetary limits on liability established by Minnesota Statutes,
Chapter 466.
Host Organization and/or Event Organizer(s), at their sole cost and expense, agrees that it will maintain in
full force and effect, for the duration of the event and term of this Agreement, liability insurance with a
minimum per occurrence liability limit of $2,000,000. The City must be named as an additional insured on
the insurance policy, and the policy must contain a stipulation that the Applicant’s insurer will provide ten
(10) days’ prior written notice to the City of a cancellation of the required insurance policy. The insurance
shall be carried by a solvent and responsible insurance company that is licensed to do business in the State
of Minnesota. A certificate of insurance, signed by the authorized representative of the insurance company,
evidencing compliance with the required liability insurance amount must be provided to the City by the
Applicant prior to the event. The City reserves the right to modify the insurance requirements at its sole
discretion based on the nature and scope of the Applicant’s proposed event.
LINDA KAMPA, EVENT LEAD
_Linda Kampa, 7-31-24 ___________________________________ Signature Date
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Special Event Permit Application Page 8 of 10
Applicant Agreement
Please read each statement. Initialing next to each statement indicates your understanding and agreement
ot the statement.
LK Host Organization and/or Event Organizer(s) agrees upon request to provide a Liability Insurance
Certificate providing evidence of general liability insurance coverage in a minimum of
$1,000,000 combined single limit and a minimum $2,000,000 aggregate limit, If food or non
alcoholic beverages are sold or provided at the event the insurance policy shall also include an
endorsement for product liability in an amount not less than $1,000,000.
LK Host Organization and/or Event Organizer(s) agrees, upon request, to submit a Security Plan setting
forth the proposed security measures to be taken to protect the health, safety, and welfare of the
participants, spectators, bystanders, and passerby. This plan will be reviewed by the Hastings
Police Department who may require alterations to the plan. Security measures may include but
are not limited to the hiring of Hastings Police Officers at the expense of the Event Organizer.
LK Host Organization and/or Event Organizer(s) agrees, upon request, to provide a copy of their
Determination Letter, as issued by the Internal Revenue Service of the United States, if the
application is made on behalf of any organization representing iteself as a tax-exempt, non-profit
and/or charitable organization.
_____ Host Organization and/or Event Organizer(s) agrees to notify all residents and businesses that will
be affected by street/sidewalk closures and/or amplified sound.
_____ Host Organization and/or Event Organizer(s) agree to supply ‘No Parking’ signs, barricades,
cones, and/or warning signs and to situtate them in such a position that the street closure may be
maintained in a safe and orderly manner.
LK Host Organization and/or Event Organizer(s) agree to work with City Staff to ensure appropriate
licensure is completed for the event including: Park Rental(s), Mobile Food Units, Vendors,
Intoxicating Liquor, Temporary Gambling, etc.
LK Host Organization and/or Event Organizer(s) agree that any false statement or material
misrepresentation made in support of this application and permit is cause for denial of issuance of
a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures
established by the City of Hastings or any conditions or restrictions imposed upon the permit by
the City of Hastings, is cause for revocation of the Special Event Permit.
By signing below, Host Organization and/or Event Organizer indicate understanding and agreement to the
above statements.
LINDA KAMPA, EVENT LEAD Print Name Title
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_LINDA KAMPA, EVENT LEAD 7-31-24 Signature Date
Special Event Permit Application Page 9 of 10
SUPPLEMENTAL INTOXICATING LIQUOR FORM
PLEASE COMPLETE IF INTOXICATING LIQUOR WILL BE SERVED AT THE
EVENT Intoxicating Liquor (please check one)
An establishment within the City of Hastings holding an active Caterer’s Permit will be providing and
serving liquor.
- The establishment must provide a current copy of their certificate of insurance including sales off
premises. The City of Hastings must be listed as additional insured.
- Please note if an establishment plans to serve liquor under their caterer’s permit, they must also
serve food at the event.
Establishment / Permit Holder: __________________________________________________
A Temporary Intoxicating Liquor License will be requested.
- Only issued to charitable, religious, or nonprofit organizations in existence for at least three (3)
years.
- Application must be submitted at least 60 – days prior to the event.
- Must be approved by City Council.
- Liquor Liability insurance is required. Additional information listed below.
Special Event Liquor License Requirements
1. Area. Alcohol may be served by the Applicant within the Premises, at a location designated on the site map
attached to the application. Liquor shall be confined to a specified area and the applicant must provide
delineation and signage stating “No Alcohol Beyond This Point” between the specified area and the additional
event space to discourage taking alcohol outside of the specified area.
2. Compliance Inspection. The applicant acknowledges that as a liquor license holder for the event, it is subject
to Hastings City Code §111.13, subd. B, subd. 6, which authorizes that all premises from which intoxicating
liquor is offered at on-salt, are subject to inspection for alcohol compliance by any peace officers or health
officers.
3. Identification Bracelets. The applicant shall provide at no charge liquor identification bracelets in the area as
required by City Staff. The applicant will permit no one to consume liquor unless they are wearing an
identification bracelet, and will be responsible for the issuance of bracelets. The bracelets will be issued only
to those who are legally entitled to consume intoxicating liquor.
4. Insurance. The City requires any function selling / serving intoxicating liquor through a temporary liquor
license must provide Liquor Liablity insurance for the day(s) of the event in the form and amounts as required
by M.S. §340A. Proof of insurance must include the use of the facility or any parking lot used for alcohol
service. The certificate must list the City of Hastings as an additional insured.
5. Law Enforcement Officer. The Police Department will determine if and how many police resources will be
required at any event. All Police Department costs associated with the event are at the responsibility of the
event organizer.
6. Exclusions. Glass beverage containers are not allowed within City Parks.
VIII-04
Special Event Permit Application Page 10 of 10
VIII-04
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VIII-05
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Paige Marschall Bigler, Recreation Program Specialist
Date: August 19, 2024
Item: Amendment - Rivertown LIVE – Special Event Designation & Temporary Liquor License
Council Action Requested: Amendment to the event includes Prohibiting on-street parking at the first
two parking spaces on Ramsey St. The Organizers intent is to reserve these spaces for Smart Ride, a taxi
service that will provide to and from transportation. These spots will provide easy access and lower
pedestrian traffic. Parking at these 2 spaces would be prohibited from 9:00 Am – Midnight on Saturday,
September 14th
Designate Rivertown Live as a Special Event coordinated by the Hastings Rotary Club on Saturday,
September 14th from 4:00 p.m. – 11:00 p.m. and approve a one day on-sale liquor license as part of the
Rivertown Live concert.
Background Information:
The Rivertown Live concert has been a successful annual event and the Hastings Area Rotary Club has
made a request for this year’s event on Saturday, September 14th to be designated as a special event;
including set-up at Levee Park beginning Wednesday, September 11th at 7:00 a.m. and take down
completed by Sunday, September 15th. The event is a fundraising concert with three bands performing at
the Rotary Pavilion stage and main stage backing up to Tyler St. within private property. Activities include
music, vendors and alcoholic beverage sales. The anticipated attendance is 2,000 people. Management
staff have been working with the Rivertown Live Committee and are supportive of the 2024 event. City
Staff are supportive based on the following conditions:
Alcoholic Beverage Sale Conditions:
•Access to and egress from the alcohol service areas must be staffed with private security
personnel at all times during service hours. Security personnel need not be uniformed but must
wear something that identifies them as SECURITY. Security personnel may be employees of the
event’s liquor license or volunteer staff.
•Server training required for beer tent volunteers.
•Security personnel are expected to immediately report to the Hastings Police Department any
traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the
event staff, attendees, or surrounding community.
•Identification checks must be made to ensure with the Minnesota alcohol consumption
possession statutes. Last call at 10:15 p.m. as identified by event organizers.
•Wristbands will be used to verify compliance with age requirements.
•Patrons will not be allowed to bring in their own alcoholic beverages. Bags will be checked at
admission gates by event volunteers.
•Alcoholic beverages are not permitted to leave Rivertown Live event boundaries.
• Rotary Club to provide an Insurance Certificate naming the City as an additional insured.
General Conditions:
• All items identified by the Rotary to be completed as indicated within their Site Plan.
• Neighborhood notification will be provided by the Rotary. This distribution will include the date
and times of the event/closures and will be done a week prior to the event.
• The City and Rotary will exchange contact information for any necessary communication on the
day of the event itself. Rotary will be asked to provide a primary contact person(s) who will be
able to make decisions regarding the event and logistics.
• Event organizers must comply with the conditions outlined by the Police Chief (or designee) with
respect to private security and City Police assistance for the event. These costs will be borne by
the Rotary as in previous years.
• Written confirmation for use of land to house main stage and alcoholic beverage area provided
by Rotary representative, from private property owner.
• Medical service will be provided by Allina. Event organizers are to facilitate coordination between
Allina and City Fire/EMS staff in advance of the event. This should occur and conditions be
confirmed in writing a minimum of 1 week in advance of the event. City Fire/EMS staff will not be
providing EMS service on site.
• In lieu of payment of fees for the Rotary’s exclusive use of Levee Park, the parking lot, and Sibley
Street north of the alley by the American Legion club, the City is listed as a sponsor of the event.
• Any other reasonable conditions as determined by staff.
Facility Conditions:
• All garbage generated on site will be disposed of by the Rotary’s contracted hauler, including City
waste containers that are currently provided in the special event area.
• City restroom facilities closed for event which will alleviate the need for volunteers to restock &
clean throughout the event. Bathrooms closed signage posted by Parks Staff morning of event.
• No Smoking signage posted by volunteers throughout the footprint of the event.
• Any tents or other items which would need to be secured must be done through use of weights
(not stakes) and coordinated with our P&R Department liaison.
• Water access can be provided via City hydrant with a meter. Coordination of water access
between event organizers and City staff will occur the day before or the morning of the event.
Those costs will be borne by the Hastings Rotary Club.
Traffic Management Conditions:
• Traffic Management Plan provided by a traffic control vendor, which shows all devices to be used
and locations of devices, submitted by Rotary representative for City staff to review.
• The City parking lot and the public spaces in front of the American Legion on Sibley Street, and
Levee Park will be reserved for exclusive use of the event organizers beginning at 9:00 a.m.
Saturday, September 14th through 9:00 a.m. Sunday, September 15th.
• The alley behind Hastings Family Service needs to be barricaded at each end preventing foot
traffic and those attempting to sit in the alley. The alleyway must have the ability to be accessed
by emergency vehicles.
• Permanently assigned security staff to cover the far east perimeter around musicians’ busses.
• Permanently assigned security staff to cover the west perimeter by the legion and walking path
along the water.
• A designated area for onsite ticket sales so the entry line does not extend into 2nd St.
VIII-05
• At the end of the event open all of Ramsey St. between the restroom facility and 2nd St.
• Do not open the fence on Tyler St. after the concert to avoid issue with crowd dispersal, stage
teardown and bands leaving.
Financial Impact:
The Rotary has requested complete waiver of any fees related to reserving Levee Park, the City’s parking
lot, and Sibley Street north of the alley by the American Legion Club. If that is acceptable to the City
Council, City staff recommends that the City of Hastings be listed as a primary sponsor of the event. This
would include the City’s name and logo on advertisements for the event. This coordination would be done
with the City's Communications staff.
Fees are associated with this annual event, which will be charged back to the Hastings Area Rotary Club,
in alignment with the City’s adopted fee schedule.
Advisory Commission Discussion:
Council Committee Discussion:
Attachments:
• Special Event Permit Application
• Letter to City Council & Event Overview
• Map of Event Layout
• Traffic Management Plan
• Security Plan
• Temporary on-sale liquor license Application
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: August 19, 2024
Item: One-Day Temporary Gambling Permit for Patriot Assistance Dogs
Council Action Requested:
Approve the attached resolution approving the one-day temporary gambling permit for the Patriot
Assistance Dogs.
Background Information:
Patriot Assistance Dogs submitted an application for a one-day temporary gambling permit for
September 29, 2024 for a raffle to be held at the Two River Repair, 682 Commerce Drive.
Financial Impact:
The $25.00 One-Day Temporary Gambling License fee has been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
• Application
VIII-06
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
RESOLUTION APPROVING THE APPLICATION BY
PATRIOT ASSISTANCE DOGS FOR A
TEMPORARY ONE-DAY GAMBLING PERMIT
WHEREAS, Patriot Assistance Dogs has presented an application to the City of Hastings
for a one-day temporary gambling permit on September 29, 2024 to be held at the Two Rivers
Repair, 682 Commerce Drive, Hastings; and;
WHEREAS, the Minnesota Gambling Control Board requires a resolution be passed to
approve this request; and
WHEREAS, an application for a one day temporary gambling permit has been presented;
WHEREAS, the required fee of $25.00 has been paid.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings,
that the Mayor and City Clerk are authorized and directed to sign this resolution.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 19TH
DAY OF AUGUST, 2024.
ATTEST:
____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
VIII-06
VIII-06
VIII-06
VIII-06
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #2
Quantity Amount
1 MOBILIZATION LS 1 131,050.00$ 131,050.00$ 0.5 65,525.00$ 0.5 65,525.00$ -$
2 CLEARING TREE 16 1,000.00$ 16,000.00$ 17 17,000.00$ 16 16,000.00$ 1 1,000.00$
3 GRUBBING TREE 20 200.00$ 4,000.00$ 20 4,000.00$ 20 4,000.00$ -$
4 REMOVE EXISTING GATE VALVE EA 9 150.00$ 1,350.00$ 3 450.00$ -$ 3 450.00$
5 REMOVE EXISTING HYDRANT & GATE VALVE EA 7 350.00$ 2,450.00$ 2 700.00$ -$ 2 700.00$
6 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 39 450.00$ 17,550.00$ 13 5,850.00$ 6 2,700.00$ 7 3,150.00$
7 REMOVE EXISTING SANITARY MANHOLE EA 13 550.00$ 7,150.00$ 4 2,200.00$ -$ 4 2,200.00$
8 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 5 300.00$ 1,500.00$ -$ -$ -$
9 SALVAGE AND REINSTALL MAILBOX EA 70 225.00$ 15,750.00$ -$ -$ -$
10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 443 3.00$ 1,329.00$ -$ -$ -$
11 SAWCUT EXISTING CONCRETE PAVEMENT LF 25 8.00$ 200.00$ -$ -$ -$
12 REMOVE CONCRETE CURB & GUTTER LF 7275 3.00$ 21,825.00$ 3900 11,700.00$ 1800 5,400.00$ 2100 6,300.00$
13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 832 15.00$ 12,480.00$ -$ -$ -$
14 REMOVE CONCRETE SIDEWALK SY 39 10.00$ 390.00$ 13 130.00$ -$ 13 130.00$
15 REMOVE CONCRETE DRIVEWAY SY 2650 6.30$ 16,695.00$ 210 1,323.00$ 42 264.60$ 168 1,058.40$
16 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 300 3.00$ 900.00$ 42 126.00$ -$ 42 126.00$
17 REMOVE BITUMINOUS PAVEMENT SY 14850 3.00$ 44,550.00$ 8750 26,250.00$ 3675 11,025.00$ 5075 15,225.00$
18 SALVAGE AND REINSTALL SEGMENTAL BLOCK RETAINING WALL SF 90 50.00$ 4,500.00$ -$ -$ -$
19 SALVAGE AND REINSTALL DRIVEWAY PAVERS SF 25 80.00$ 2,000.00$ -$ -$ -$
20 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 16800 1.50$ 25,200.00$ 10300 15,450.00$ -$ 10300 15,450.00$
21 COMMON EXCAVATION (EV) CY 2910 15.00$ 43,650.00$ 375 5,625.00$ -$ 375 5,625.00$
22 COMMON EXCAVATION TRAIL (EV) CY 500 20.00$ 10,000.00$ 500 10,000.00$ -$ 500 10,000.00$
23 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1401 10.00$ 14,010.00$ 1291 12,910.00$ -$ 1291 12,910.00$
24 SUBGRADE CORRECTION (EV) CY 1200 7.00$ 8,400.00$ 50 350.00$ -$ 50 350.00$
25 SALVAGE AND PLACE RECLAIMED BASE MATERIAL (CV) CY 900 10.00$ 9,000.00$ 185 1,850.00$ -$ 185 1,850.00$
26 CRUSHED ROCK BORROW MATERIAL (LV) CY 1200 1.00$ 1,200.00$ -$ -$ -$
27 GRANULAR PIPE BEDDING (LV) CY 50 30.00$ 1,500.00$ -$ -$ -$
28 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 50 18.00$ 900.00$ -$ -$ -$
29 AGGREGATE BASE CLASS 5 (STREET) TON 5040 18.00$ 90,720.00$ 825 14,850.00$ -$ 825 14,850.00$
30 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 650 24.00$ 15,600.00$ 995 23,880.00$ -$ 995 23,880.00$
31 JOINT ADHESIVE LF 15931 0.60$ 9,558.60$ -$ -$ -$
32 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 16800 0.50$ 8,400.00$ 16800 8,400.00$ 10500 5,250.00$ 6300 3,150.00$
33 BITUMINOUS MATERIAL FOR TACK COAT GAL 3743 1.00$ 3,743.00$ 85 85.00$ -$ 85 85.00$
34 TYPE SP 12.5 WEARING COURSE MIX (2,B) 3.0" THICK (DRIVEWAYS) SY 350 42.00$ 14,700.00$ 9 378.00$ -$ 9 378.00$
35 TYPE SP 12.5 WEARING COURSE MIX (3,C) TON 3506 75.25$ 263,826.50$ -$ -$ -$
36 TYPE SP 12.5 NON WEAR COURSE MIX (3,C) TON 3506 75.25$ 263,826.50$ 1379 103,769.75$ -$ 1379 103,769.75$
37 TYPE SP 12.5 WEARING COURSE MIX (3,B) (TRAIL) TON 350 91.00$ 31,850.00$ -$ -$ -$
38 BITUMINOUS INCENTIVE/DISINCENTIVE LS 1 8,500.00$ 8,500.00$ -$ -$ -$
39 12" HDPE DUAL WALL CORRUGATED PIPE CULVERT LF 20 48.00$ 960.00$ -$ -$ -$
40 12" RCP DES 3006 CL III LF 23 76.00$ 1,748.00$ 31 2,356.00$ 31 2,356.00$ -$
41 15" RCP DES 3006 CL III LF 530 66.00$ 34,980.00$ 15 990.00$ 15 990.00$ -$
42 18" RCP DES 3006 CL III LF 463 68.00$ 31,484.00$ 32 2,176.00$ -$ 32 2,176.00$
43 21" RCP DES 3006 CL III LF 52 95.00$ 4,940.00$ 14 1,330.00$ -$ 14 1,330.00$
44 36" RCP DES 3006 CL III LF 486 150.00$ 72,900.00$ -$ -$ -$
45 CONNECT TO EXISTING STORM SEWER EA 33 1,000.00$ 33,000.00$ 25 25,000.00$ 11 11,000.00$ 14 14,000.00$
46 CONST DRAINAGE STRUCTURE 24" X 36" EA 13 3,790.00$ 49,270.00$ 2 7,580.00$ 2 7,580.00$ -$
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Periods This Pay Period
Request For Payment
Date: 7/31/2024
Project: 2024 Neighborhood Infrastructure Improvements
Contractor: A-1 Excavating LLC
Request Number: 2
Payment Period: 7/1/2024 - 7/31/2024
Hastings Project 2024-1 2024 Neighborhood Infrastructure Improvements Page 1 of 3
VIII-07
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #2
Quantity Amount
47 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 11 4,180.00$ 45,980.00$ 8 33,440.00$ 4 16,720.00$ 4 16,720.00$
48 CONST DRAINAGE STRUCTURE 4020 60" DIA EA 9 5,930.00$ 53,370.00$ 5 29,650.00$ 2 11,860.00$ 3 17,790.00$
49 CONST DRAINAGE STRUCTURE 4020 72" DIA EA 2 8,440.00$ 16,880.00$ -$ -$ -$
50 CONST DRAINAGE STRUCTURE 4020 84" DIA EA 2 12,210.00$ 24,420.00$ -$ -$ -$
51 REPLACE EXISTING STORM SEWER CASTING SPECIAL EA 7 1,255.00$ 8,785.00$ -$ -$ -$
52 ADJUST FRAME RING AND CASTING (SPECIAL) EA 19 735.00$ 13,965.00$ -$ -$ -$
53 GEOTEXTILE FILTER MATERIAL TYPE IV SY 50 4.00$ 200.00$ -$ -$ -$
54 4" CONCRETE SIDEWALK SF 225 9.00$ 2,025.00$ 115 1,035.00$ -$ 115 1,035.00$
55 B618 CONCRETE CURB & GUTTER LF 7290 16.30$ 118,827.00$ -$ -$ -$
56 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 1760 37.30$ 65,648.00$ 2175 81,127.50$ 566 21,111.80$ 1609 60,015.70$
57 6" CONCRETE DRIVEWAY PAVEMENT SY 2800 73.80$ 206,640.00$ 210 15,498.00$ 42 3,099.60$ 168 12,398.40$
58 CONCRETE PEDESTRIAN RAMP EA 8 1,440.00$ 11,520.00$ 3 4,320.00$ -$ 3 4,320.00$
59 TRAFFIC CONTROL LS 1 10,000.00$ 10,000.00$ 0.5 5,000.00$ 0.5 5,000.00$ -$
60 ROCK CONSTRUCTION EXIT EA 6 100.00$ 600.00$ -$ -$ -$
61 STORM DRAIN INLET PROTECTION EA 46 140.00$ 6,440.00$ 36 5,040.00$ 36 5,040.00$ -$
62 SILT FENCE, TYPE MS LF 750 4.00$ 3,000.00$ 552 2,208.00$ -$ 552 2,208.00$
63 EROSION & SEDIMENT CONTROL LS 1 1,000.00$ 1,000.00$ 0.5 500.00$ 0.5 500.00$ -$
64 LOAM TOPSOIL BORROW (LV) CY 1320 1.00$ 1,320.00$ -$ -$ -$
65 EROSION CONTROL BLANKETS CATEGORY 4 SY 50 12.00$ 600.00$ -$ -$ -$
66 SEEDING, BLOWN COMPOST SY 14500 5.00$ 72,500.00$ -$ -$ -$
67 TEMPORARY BYPASS PUMPING LS 1 4,000.00$ 4,000.00$ 1 4,000.00$ -$ 1 4,000.00$
68 CONNECT TO EXISTING SANITARY SEWER EA 4 1,600.00$ 6,400.00$ 3 4,800.00$ -$ 3 4,800.00$
69 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 62 100.00$ 6,200.00$ 15 1,500.00$ -$ 15 1,500.00$
70 4" ON 8" PVC WYE EA 62 250.00$ 15,500.00$ 15 3,750.00$ -$ 15 3,750.00$
71 4" PVC SDR 26 (FOR SERVICES) LF 2050 33.00$ 67,650.00$ 392 12,936.00$ -$ 392 12,936.00$
72 8" PVC SDR 35 LF 2935 45.00$ 132,075.00$ 922 41,490.00$ -$ 922 41,490.00$
73 TELEVISE SANITARY SEWER LF 2935 1.20$ 3,522.00$ -$ -$ -$
74 REPLACE EXISTING SANITARY SEWER CASTING EA 9 1,255.00$ 11,295.00$ -$ -$ -$
75 48" DIA. SSMH EA 14 5,695.00$ 79,730.00$ 4 22,780.00$ -$ 4 22,780.00$
76 EXTRA DEPTH MH 10'+ LF 20.2 345.00$ 6,969.00$ 8 2,760.00$ -$ 8 2,760.00$
77 CONNECT TO EXISTING WATERMAIN EA 6 2,000.00$ 12,000.00$ 2 4,000.00$ -$ 2 4,000.00$
78 CONNECT TO EXISTING WATER SERVICE EA 64 100.00$ 6,400.00$ 17 1,700.00$ -$ 17 1,700.00$
79 1" CORP STOP EA 64 310.00$ 19,840.00$ 17 5,270.00$ -$ 17 5,270.00$
80 1" CURB STOP AND BOX EA 64 515.00$ 32,960.00$ 17 8,755.00$ -$ 17 8,755.00$
81 HYDRANT 7.5' BURY W/GATE VALVE EA 7 8,490.00$ 59,430.00$ 1 8,490.00$ -$ 1 8,490.00$
82 REPLACE EXISTING GATE VALVE BOX EA 10 800.00$ 8,000.00$ 12 9,600.00$ 6 4,800.00$ 6 4,800.00$
83 CURB STOP COVER CASTING EA 8 200.00$ 1,600.00$ 7 1,400.00$ -$ 7 1,400.00$
84 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 20 800.00$ 16,000.00$ 12 9,600.00$ 11 8,800.00$ 1 800.00$
85 6" GATE VALVE & BOX EA 10 2,265.00$ 22,650.00$ 5 11,325.00$ -$ 5 11,325.00$
86 CURB STOP BOX REPAIR/EXTENSION EA 3 200.00$ 600.00$ -$ -$ -$
87 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 7500 1.00$ 7,500.00$ 2278 2,278.00$ 2278 2,278.00$ -$
88 CURB STOP EXTRA DEPTH LF 15 60.00$ 900.00$ -$ -$ -$
89 1" TYPE K COPPER W/FITTINGS LF 1800 39.00$ 70,200.00$ 486 18,954.00$ -$ 486 18,954.00$
90 6" C-900 PVC W/FITTINGS LF 3605 49.00$ 176,645.00$ 967 47,383.00$ -$ 967 47,383.00$
91 6" DIP W/FITTINGS LF 100 77.00$ 7,700.00$ 14 1,078.00$ -$ 14 1,078.00$
92 2" INSULATION 4'X8' SHEET SY 60 40.00$ 2,400.00$ -$ -$ -$
2,797,421.60$
ORIGINAL BID
PROJECTS:This Period Total to Date
2024-1 Neighborhood Infrastructure Improvements $562,601.25 $773,901.25
SUBTOTALS: $773,901.25 $211,300.00 $562,601.25
TOTAL TO DATE PREVIOUS PERIODS CURRENT PERIOD
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Periods This Pay Period
Hastings Project 2024-1 2024 Neighborhood Infrastructure Improvements Page 2 of 3
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: August 19th, 2024
Item: National Night-Out Donations
Council Action Requested:
Accept the donation of numerous goods from local businesses and individuals for our 2024
NNO Lions Park neighborhood celebration.
Background Information:
The City of Hastings, in conjunction with the Public Safety Advisory and Parks and Recreation
Commission, hosted the 8th Annual Community NNO Celebration at Lions Park on August 6,
2024. The event was supported by Starkson Funeral Home, Cub Foods, Culvers, Spool House,
and Hastings Police Reserves. The City of Hastings appreciates their contribution and applauds
them for their community support.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission
Parks and Recreation Commission
Council Committee Discussion:
None
Attachments:
• Resolutions
VIII-08
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ___________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Starkson Funeral Home, Cub Foods, Culvers, Spool House, and
Hastings Police Reserves donated food, prizes and paper goods; and
WHEREAS, this donation was used to support and serve the community during
the 2024 NNO and Lions Park Dedication event; and
WHEREAS, the City Council is appreciative of the donations and commends
Starkson Funeral Home, Cub Foods, Culvers, Spool House, and Hastings Police Reserves
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 the Hastings Police Department as
designated; and
3. That the appropriate budget adjustments be made.
Adopted this 19th day of August 2024,
____________________________
Mary Fasbender, Mayor
Attest:
_________________________
Kelly Murtaugh, City Clerk
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager & Ashley DeBernardi, Assistant Finance Manager
Date: August 19, 2024
Item: Fund Closures
Council Action Requested:
Council is asked to approve Fund closures. These changes will have an effective date of
September 1, 2024.
Background Information:
Fund Closures:
Request authorization to close the following funds:
TIF 5 - NAPA
2013 Equipment Certificates
2012 GO Bonds
2013 GO Bonds
2022 Improvements
2023 Improvements
These funds consist of a TIF district that is being decertified, 3 debt issuance funds that have been paid
off, and 2 capital project funds, where work has been completed.
Any residual amounts in these funds will be transferred to our Debt Redemption fund.
Financial Impact:
None.
Advisory Commission Discussion:
None.
Council Committee Discussion:
None.
Attachments:
• 2023 Fund Closure Resolution
VIII-09
WHEREAS, any residual dollars from the following funds will be transferred to the
debt redemption fund for future council direction;
NOW THEREFORE LET IT BE RESOLVED THAT, the funds are closed as
follows with an effective date of September 1, 2024:
Fund Closures
TIF 5 - NAPA
2013 Equipment Certificates
2012 GO Bonds
2013 GO Bonds
2022 Improvements
2023 Improvements
Adopted this 19th day of August 2024,
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION CLOSING FUNDS AND ASSOCIATED TRANSFERS
WHEREAS, the Mayor and City Council adopted the 2024 budget on December 4,
2023; and
WHEREAS, there is a need to close funds;
WHEREAS, there is also the need to transfer any residual monies from funds closing;
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City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager & Ashley DeBernardi, Assistant Finance Manager
Date: August 19, 2024
Item: Revise Purchasing Policy
Council Action Requested:
Council is asked to approve a revision to the Purchasing Policy. This change will have an effective date of
September 1, 2024.
Background Information:
Purchasing Policy Revision:
Staff wishes to add a requirement that all payments over $100,000 be made electronically via ACH. This
recommendation is based on a best practice suggestion from the League of Minnesota Cities.
It would provide additional security and timeliness of payment processing. This change would eliminate the chance of
checks being stolen or lost in the mail, promptly provide vendors payment, and ease monthly banking reporting by
reducing or eliminating the number of large, outstanding payments.
Financial Impact:
None.
Advisory Commission Discussion:
None.
Council Committee Discussion:
None.
Attachments:
• Copy of Purchasing Policy with proposed change highlighted
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City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
PURCHASING POLICY
Purpose
To comply with Minnesota Statue 471.345 and to establish specific guidelines for the purchase of
goods and services by the employees of the City of Hastings.
Policy
It is the policy of the city to acquire goods and services through a competitive process whenever
practical that results in supply arrangements at the most effective net cost, in the correct quantities, of
the appropriate quality, and from the most responsive and responsible source. Purchasing and supply
management functions at the city are delegated to the department directors, requiring diligent attention
to the governing laws and rules.
Purchasing goods and services using a purchasing card is covered under the Purchasing Card Policy.
All federal grant expenditures will be in compliance with OMB 2CFR200 (Uniform Guidance). All
federal grant expenditures must be reasonable, necessary, and adequately documented. All federal
grant expenditures must be deemed to be allowable under specific grant agreements and in accordance
with 2CFR200, subpart E.
Cooperative Purchasing Agreements
When possible, every effort should be used to take advantage of cooperative purchasing agreements as
a cost savings measure. The city shall maintain its membership with the State Cooperative Purchasing
Program. By using the State’s plan, bidding requirements are already fulfilled.
Governing Laws Contracting Bid State Laws
A city entering into an agreement for the sale or purchase of supplies, materials, equipment or the
rental thereof, or the construction, alteration, repair or maintenance of real or personal property must
abide by the statutes relating to contracting and bidding. Minnesota Statute 471.345 was established to
provide dollar limits for all cities upon contracts that shall or may be entered into on the basis of
competitive bids, quotations or purchase or sale in the open market. This statute puts the following
basic requirements on cities (based on the estimated contract amount):
• For contracts over $175,000 – sealed bids shall be solicited by public notice in the manner and
subject to the particular requirements of the city. The sealed bids shall be solicited by public notice
and be kept on file. City Council will approve these contracts during a regularly scheduled meeting.
• For contracts exceeding $25,000 but not $175,000 – sealed bids or by direct negotiation, by
obtaining two or more quotations for the purchase or sale when possible, and without advertising for
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City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
bids or otherwise complying with the requirements of competitive bidding. All quotations obtained
shall be kept on file for a period of at least one year after receipt thereof.
• For contracts $25,000 or less – the contract may be made upon quotation or in the open market, at
the discretion of the city. If the contract is made upon quotation it shall be based, so far as
practicable, on at least two quotations which shall be kept on file for a period of at least one year
after their receipt.
Extra care should be exercised when using sole source vendors. The City Administrator and Finance
Manager must approve such purchases in advance. Procurements will not be split to avoid competition
or council action.
Federal Purchases
Under uniform grant guidance (2 CFR 200.317–326) there are additional procurement requirements that
need to be considered when making purchases related to a federal program. Five procurement methods
are identified including: micro-purchase (<$10,000), small purchase procedures (<$250,000), sealed bid
(>$175,000), competitive proposal (>$175,000), and noncompetitive proposal (>$3,500). The general
purchasing policy addresses many of these requirements and the City will also consider the full
requirements in relation to each method as described in 2 CFR. The micro-purchase threshold which is
set by Federal Acquisition Regulation at 48 CFR Subpart 2.1 is subject to change with inflation. The
City will follow changes to thresholds as modifications occur. When practicable, micro-purchasing will
be distributed among qualified suppliers.
The city will review the excluded parties list (https://www.sam.gov), to ensure than no tentative parties,
suspended and/or debarred contractors are contract with using federal dollars. When using federal
funding and making purchases in excess of $2,000 for construction dollars are subject to the Davis-
Bacon Act. Also, the city will avoid unnecessary/duplicate purchases, encourage use of excess Federal
surplus property, documenting rationale for procurement method used for purchases, and documentation
of selection of contract type maintained in the files. In addition, the city will consider intergovernmental
agreements where appropriate for procurement or use of common or shared goods and services.
Director/Manager Responsibilities
Department Directors/Managers and other persons authorized to purchase are responsible for certain
functions related to purchasing and payment for goods and services received. The responsibilities are:
• Purchasing done on a competitive basis and consistent with the approved annual budget.
• Control of purchased goods and services to ensure only authorized use.
• No reimbursement for use of personal gift cards or store rebates.
• All terms and conditions (including pricing) of the purchase as specified in the purchase order and
applicable contract are attained prior to the payment of the claim.
• Providing the Finance Department with approved invoices and supporting written documentation in
a timely manner.
• Employee expense reimbursements, as outlined in Chapter 13 of the Employee Handbook, must be
submitted no later than the last day in March of the year following the year in which the expense was
incurred. Expenses submitted outside of this time frame will not be reimbursed.
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City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
• Immediate notification to the Finance Department of any circumstances affecting acceptability,
performance, or any other reason which may lead to withholding of payment.
• Cooperation with the Finance Department in resolving disputes with vendors regarding terms,
quantity, or any questions of performance.
• Designating budget coding of all invoices.
• House documents showing multiple bids or state bid pricing.
Finance Department Responsibilities
The Finance Department personnel are responsible for the following:
• Assistance in seeking vendors to provide the best price availability.
• Reasonable audit tests to determine fund availability, legality and validity of obligations for
payment.
• Pay authorized bills that meet procedural requirements.
Competitive Price Quote/Bids
Competitive price quote/bids require the following:
• Purchaser must obtain competitive price quotes/bids for services or commodities as outlined in
Contracting Bid Law Section of this policy.
• Purchaser will prepare a purchase order or documented invoice and submit to the Department
Director/Manager and the Finance Department for approval.
• A documented invoice allows all necessary information and approvals to be placed directly on the
invoice. This would apply to emergency purchases of goods and services and to routine items such
as utility bills.
Purchases
Purchases under $5,000 are approved by department directors/managers when in the budget.
Unbudgeted expense under $5,000 must have City Administrator sign off.
Purchases from $5,000 to $175,000 will have approval from department directors/managers and the City
Administrator when in the budget. Unbudgeted expense over $5,000 must be approved by City Council.
Purchases over $175,000 will be approved by City Council during a City Council meeting.
Payments over $100,000 must be paid via ACH transfer.
Expense Vouchers
Expense vouchers must have the following:
• Tabulation of quotes/bids where appropriate;
• Account number and project information if applicable;
• Budget appropriation for item or service requisitioned;
• Department Director/Manager approval;
• Date ordered and approximate date to be received;
• Full vendor name/address – no abbreviations;
VIII-10
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
• All items purchased must be listed separately with respective costs;
Additional Provisions/Resources
The provisions noted in this policy are not intended to be an exhaustive list of Minnesota laws. Additional
resources on purchasing include:
• Handbook for Minnesota Cities, published by the League of Minnesota Cities
• Emergency Contracts, published by the League of Minnesota Cities
• City of Hastings Finance Department
Authority for Implementation and Enforcement
All employees are responsible for adhering to this policy when purchasing goods or services. Managers
are responsible for monitoring performance within their areas of jurisdiction. The City Administrator is
the chief purchasing officer of the city. Responsibility for administering established Purchasing Policies
and Procedures has been delegated to the Finance Department.
Updated August, 2024
VIII-10
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: August 19, 2024
Item: City Hall Dome/HVAC Project Budget
City Council Memorandum
Council Action Requested:
Approve resolution authorizing the amended budget for the City Hall Dome/HVAC Project.
Background Information:
To obtain reimbursement from the state of MN for grant-eligible expenses spent on this project, the City is
required to provide the exact amount of City contribution expected to complete the financing package for
the project. The total cost of the project has risen to $5,018,977 from $3,396,842.
Financial Impact:
The City’s share of remaining costs will be $2,498,799. This will consist of the remaining balance from
our American Rescue Plan Act allocation ($2,087,638), plus $411,161 from the 2024 bond issue. Should
costs increase any further, up to $600,000 of bond proceeds would be available.
Committee Discussion:
N/A
Attachments:
• Updated resolution to adopt project budget
VIII-11
WHEREAS, the City has a need to restore the City Hall Dome, as well as other related capital
needs; and
WHEREAS, the City has received a $2 million State GO Bond grant for repairs, construction
and other capital improvements necessary for renovation of the historic City Hall in Hastings. This
appropriation includes money for repairs of the dome and roofing, HVAC improvements, repairs to the
interior walls and exterior masonry of the building, site regrading and project management; and
WHEREAS, the City also received a $212,187 Historical Society grant to help fund this project;
and
WHEREAS, the City spent $307,991 of City general revenues between 2018 and 2021 for masonry
restoration and pre-design costs; and
WHEREAS, on the City has $2,087,638 million available of the City’s American Rescue Plan
Act allocation to fund much of the estimated remaining project balance; and
WHEREAS, the City Council has approved the 2024 bond issuance plan that includes $600,000
to fund the estimated remaining balance of this project.
WHEREAS, the City has the financial capability to provide any required funds necessary to fund
any cash shortfalls in this project and that the source of City’s funds for this purpose shall be the City's
general fund.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota; that the City Hall Dome/HVAC Project’s Budget is hereby amended as follows:
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION AUTHORIZING THE BUDGET FOR
THE CITY HALL DOME/ HVAC PROJECT
VIII-11
SOURCE AND USE OF FUNDS FOR THE DOME PROJECT
Source of Funds
State GO Bond Funds 2,000,000
MN Historical Society Grant 212,187
City General Revenues (2018-19) 282,555
City General Revenues (2020-21) 25,436
Final City Contribution 2,498,799
Total Funding 5,018,977
Use of Funds
Masonry Restoration 494,742
Pre-design & Design Costs 149,800
Construction 4,374,435
Total Project Costs 5,018,977
And the estimated project budget is hereby adopted at $5,018,977.
Adopted this 19th day of August 2024.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Alex Menke, Economic Development Coordinator
Date: August 19, 2024
Item: Authorize Signature: Agreement for WAC\SAC Deferral – 214 2nd St E
Council Action Requested:
Authorize signature of the attached agreement between the City and Marathon Properties of
Hastings, LLC to defer payment of the City’s portion of water access charges and sewer access
charges (WAC\SAC) over a ten-year period.
Approval requires a simple majority of the City Council.
Background Information:
Marathon Properties of Hastings, LLC owns the property located at 214 2nd Street East. Their
newest tenant, Collateral Coffee dba Awful Gato, is in the process of building out a coffee shop
and café at the site. The construction results in the payment of Metropolitan Council SAC fees
totaling $9,940, and City WAC\SAC fees totaling $15,608 prior to receipt of a building permit.
Upfront payment of WAC\SAC fees prior to operation of the facility has created a burden for
the business owner.
The City of Hastings has established a policy to defer City WAC\SAC fees in order to minimize
the impact of these fees. Please see the attached policy document for further information. The
Hastings program requires a 20% down payment ($3,121.60) due at the time of building permit
issuance.
Additionally, Marathon Properties of Hastings, LLC plans to enter into the Metropolitan
Council’s SAC Deferral Program. The Metropolitan Council’s program requires a 20% down
payment ($1988) due at time of building permit issuance. This program is regulated by a Master
SAC Deferral Agreement executed by the City of Hastings and Metropolitan Council (attached).
Both deferred amounts will be assessed to the property and collected through semi-annual
property tax payments for a period of up to ten years.
Financial Impact:
The City would not receive full payment of the deferred amount ($12,486.4) for up to ten years.
Repayment would include an interest charge of 2.06% annually on the unpaid balance and a
VIII-12
$50 administrative fee. The deferment would allow Collateral Coffee dba Awful Gato to begin
construction to add further value to the property and increase the tax base.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• SAC/WAC Deferral Application
• SAC/WAC Deferral Agreement
• City SAC/WAC Policy
• MetCouncil Master SAC Deferral Agreement
VIII-12
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VIII-12
VIII-12
VIII-12
1
CITY OF HASTINGS
AGREEMENT FOR DEFERRED PAYMENT OF WAC/SAC
THIS DEFERRED PAYMENT AGREEMENT (“Agreement”) is made this day of______________,
20__ (“Effective Date”), between the City of Hastings, a Minnesota Municipal Corporation, having an address
of 101 East 4th Street, Hastings, MN 55033, hereinafter referred to as "City" and Marathon Properties of
Hastings, LLC, having an address of 214 2nd Street East, Hastings MN 55033, the owner of property described
below, hereinafter referred to as "Owner".
RECITALS
WHEREAS, Owner owns improved commercial real property located generally at 214 2nd Street East,
in the City of Hastings, Dakota County, Minnesota, and legally described as: Mid 1/3 of Lot 2, Block 14, TOWN
OF HASTINGS, Dakota County, Minnesota (the "Subject Property"); and
WHEREAS, the Property Identification Number for the Subject Property is 193215014024; and
WHEREAS, Owner intends to operate, or allow the operation of, Collateral Coffee dba Awful Gato
(“Business”) on the Subject Property; and
WHEREAS, Metropolitan Council Environmental Services (“MCES”) is authorized by Minnesota
Statute § 473.517, subdivision 3, to charge to the City sewer availability charges (“MCES SAC”) upon
redevelopment of real property for an expanded use; and
WHEREAS, Hastings City Code 51 .05(H) provides, in part, that at the time of expansions of existing
sanitary sewer and water services that result in MCES SAC being levied, all water availability charges ("WAC"),
MCES SAC, and City sewer availability charges ("Local SAC") shall be paid by the property owner and the
number of WAC and Local SAC units charged shall be equal to the MCES SAC units charged; and
WHEREAS, MCES determined the net MCES SAC units to be charged as a result of the expansion on
the Subject Property shall be 4.0 MCES SAC units. The resulting City charges will be $3,780.00 WAC and
$11,828.00 Local SAC, totaling $15,608.00; and
WHEREAS, Owner has requested that the City defer the resulting WAC and Local SAC (MECS SAC
will be deferred according to the Master SAC Deferral Agreement executed by the City of Hastings and
Metropolitan Council), pursuant to City policy, by assessing the charges against the Subject Property and with
the assessed amount, plus interest and processing charges, paid by Owner in installments along with the real
estate tax installments due for the Subject Property over a period of ten (10) years; and
WHEREAS, pursuant to the rules and regulations of the Metropolitan Council and applicable law, the
City is authorized to defer payment on the City’s SAC obligations for business properties within the City’s
jurisdiction in an amount not to exceed eighty percent (80%) of the Local SAC due for the Subject Property; and
WHEREAS, the City is willing to defer the WAC and Local SAC, in return for Owner's agreement to
have the costs assessed against the Subject Property as provided in this Agreement.
NOW, THEREFORE, IN CONSIDERATION of the City's willingness to defer the WAC and Local SAC, the
City and Owner agree as follows:
1. The foregoing Recitals are incorporated herein to the same extent as if they were repeated here.
2. Owner, for itself, its successors and assigns, agrees to have the Subject Property assessed for eighty
VIII-12
2
percent (80%) of the total amount of the WAC and Local SAC owed in the amount of $12,486.40 ("Base
Assessment Amount"). An initial payment of $3,121.60 representing twenty percent (20%) of the total
amount of WAC and Local SAC owed shall be due at the time of the issuance of the Building Permit from
the City
3. Owner, for itself, its successors and assigns, agrees that the Base Assessment Amount assessed against
the Subject Property shall be paid by Owner over a term of ten (10) years, with interest accruing at a rate
of 2.06% per year on the unpaid balance. Owner further agrees that the City shall assess an additional
$50.00 against the Subject Property which represents $5.00 per year for the term of the assessment to
offset the fees imposed by Dakota County for this assessment, plus the City's administrative fee.
4. Owner agrees the City shall certify this assessment against the Subject Property to Dakota County for
collection with the real estate taxes payable in the year following the Effective Date and each year
thereafter, without the necessity of the City complying with any of the procedural or notice requirements
outlined in Minnesota Statutes, Chapter 429 or elsewhere.
5. In further consideration of the City's agreement to defer the WAC and Local SAC, Owner, for itself, its
successors and assigns, also hereby waives any and all right to appeal the amount assessed against the
Subject Property for the WAC and Local SAC, whether the basis for the appeal is that the assessment
exceeds the benefits to the Subject Property; on any procedural basis; or on any other basis whatsoever.
6. Owner understands and agrees that nothing contained herein shall be construed as a deferral of the
MCES SAC, as MCES SAC is being deferred through a separate agreement (the Master SAC Deferral
Agreement) between the City of Hastings and Metropolitan Council. Owner shall pay the costs of
recording this Agreement upon the public records of Dakota County.
7. If the Business ceases operations or moves from the Subject Property, the Owner is responsible for making
the deferral payments required by this Agreement up until the time that the Owner informs the City in writing
that the business has ceased operations or has moved from the Subject Property. The Owner must continue
to make payments under this Agreement until MCES determines that the City is not required to pay MCES
sewer availability charges related to the operation of the Subject Property.
8. The Owner shall be deemed in default of this Agreement for failure to make payments pursuant to the terms
herein or any other breach of this Agreement and failure to cure the default within ten (10) days of the mailing
of written notice by the City to Owner.
9. Upon default, the Owner must alert the City’s Economic Development Director. At this time, the City will
notify MCES about the closure and cease assessing the Subject Property for unpaid fees. If MCES requires
the City to pay the sewer availability charge, any balance remaining due under this Agreement shall be due
immediately and payable by the Owner without demand or notice by the City.
10. To the extent permitted by law, Owner agrees to pay all costs of collection, including reasonable attorneys’
fees and legal expenses, incurred by the City in collection of any amounts due herein.
11. Notices to be given under this Agreement shall be given by enclosing the same in a sealed envelope, postage
prepaid and deposited in the U.S. Postal Service, addressed to the parties as listed above.
12. None of the parties shall assign this Agreement, nor any interest arising herein, without the written consent
of the other party.
13. The covenants, waivers and agreements contained in this Agreement shall run with the Subject Property and
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3
shall bind future owners of the Property and their heirs, successors and assigns. Owner agrees to provide a
copy of this Agreement to any buyer of the Subject Property before Owner signs a purchase agreement to
sell the Subject Property.
14. The laws of the State of Minnesota shall govern this Agreement.
15. The provisions of this Agreement are severable. If any portion of this Agreement is, for any reason, held by
a court of competent jurisdiction to be contrary to law, such decision shall not affect the remaining portions
of this Agreement.
16. The entire Agreement of the parties is contained herein. This Agreement supersedes all oral agreements and
negotiations between the parties relating to the subject matter hereof as well as any previous agreements
presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments,
deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and
duly signed by the parties, unless otherwise provided herein.
17. This Agreement may be executed in multiple counterparts, each of which shall be considered an original.
18. Owner signs this Agreement and waiver with full understanding of its legal rights and acknowledges it
has had sufficient opportunity to discuss this matter with an attorney of its choosing.
[The remainder of this page is intentionally left blank]
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IN WITNESS WHEREOF, the City and Owner has caused this Agreement to be executed by their duly authorized
representatives in duplicate on the respective dates indicated below.
CITY OF HASTINGS
______________________________
Mary Fasbender, Mayor
______________________________
Kelly Murtaugh, City Clerk
______________________________
Date
ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The forgoing instrument was acknowledged before me this ___ day of ________________, 20___, by Mary
Fasbender and Kelly Murtaugh, the Mayor and City Clerk of the City of Hastings, a Minnesota Municipal Corporation.
_________________________________________
Notary Public
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OWNER
________________________________
By:
________________________________
Its:
________________________________
Date
ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The forgoing instrument was acknowledged before me this ___ day of ________________, 20___, by
______________, the _____________________ of _____________________________, on behalf of the company.
_________________________________________
Notary Public
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SAC & WAC Payment
Deferral
City of Hastings & Metropolitan Council
PROGRAM INFORMATION, GUIDELINES AND APPLICATION INSTRUCTIONS
City of Hastings
101 4th Street East, Hastings, MN 55033-1955
T: 651-480-2350 F: 651-437-7082
www.hastingsmn.gov
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 1
CITY OF HASTINGS
SAC & WAC PAYMENT DEFERRAL
PROGRAM INFORMATION, GUIDELINES AND APPLICATION INSTRUCTIONS
In order to minimize the impact of the Sewer Availability Charge (SAC) and Water Availability Charge
(WAC) to businesses within the City of Hastings, the City can provide a deferral option to pay SAC and
WAC fees over time, instead of an upfront payment due at the time of building permit issuance.
This program is in addition to the Metropolitan Council’s SAC Deferral Program, adopted in April
2017. The MetCouncil SAC Deferral Program, which is targeted to small businesses (under 25 SAC
units), is a means of assistance in paying Metropolitan Council SAC charges and allows a portion, up to
80%, of SAC to be paid over a period not to exceed ten years.
Under the updated program, the City of Hastings will enter into an agreement with eligible businesses
and/or property owners to spread SAC and/or WAC payments over a ten year term. Property owners
will be billed annually, on their property tax statement, for a period of ten years. If eligible, businesses
and/or property owners have the option to utilize the Metropolitan Council SAC Deferral Program, the
City of Hastings SAC & WAC Deferral Program, or both.
Metropolitan Council SAC Deferral Program: 10 year term; low interest rate*; 20% down,
plus the first monthly payment; secured by the Deferred Payment Agreement; eligible to
businesses with SAC unit determination of 25 units or less. This program is established and
regulated by a Master SAC Deferral Agreement executed between the City of Hastings and
Metropolitan Council.
City of Hastings SAC & WAC Deferral Program: 10 year term; low interest rate**; secured
by the Deferred Payment Agreement; eligible to businesses with a SAC & WAC unit
determination of 25 units or less. This program is established by City Ordinance and is intended
to parallel the Metropolitan Council Program guidelines.
Participants in the program are allowed to defer a maximum of 25 SAC and/or 25 WAC units.
Businesses with SAC and WAC determinations exceeding the program limits will be considered on a
case by case basis. The business owner and/or property owner must agree to participate and fill out an
application form with the requested information, in addition to executing the Deferred Payment
Agreement.
If you have any questions or would like to submit an application for the City of Hastings SAC & WAC
Deferral Program and/or the Metropolitan Council SAC Deferral Program, please contact John
Hinzman, Community Development Director, at jhinzman@hastingsmn.gov or 651-480-2378.
*Metropolitan Council SAC Deferral Program: principal on the deferred amount will be amortized monthly at a fixed interest rate based on MCES’
average cost of debt (per statute). MCES’ average cost of debt, computed on December 31 each year, will be used as the interest rate for all new deferrals
entered into the following calendar year.
**City of Hastings SAC & WAC Deferral Program: principal on the deferred amount will be amortized monthly at a fixed interest rate based on the 10
year Treasury Rate, locked in after application approval, at time of closing/document signing.
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 2
CITY OF HASTINGS
SAC & WAC PAYMENT DEFERRAL APPLICATION
SECTION 1: BUSINESS INFORMATION
Business Name:________________________________________________________________________
Business Address:______________________________________________________________________
Business Contact/Title:__________________________________________________________________
Telephone:____________________________________________________________________________
Email:_______________________________________________________________________________
SECTION 2: PROPERTY OWNER INFORMATION
Property Owner Name:__________________________________________________________________
Address:_____________________________________________________________________________
Property ID Number:___________________________________________________________________
Telephone:____________________________________________________________________________
Email:_______________________________________________________________________________
SECTION 3: SAC UNIT DETERMINATION (Please attach SAC Determination Letter)
Address on SAC Determination Letter:_____________________________________________________
Date on SAC Determination Letter:________________________________________________________
Reference # on SAC Determination Letter:__________________________________________________
SAC Units (must be less than 25 units):_____________________________________________________
SAC Credits:___________________________________________________________________
Net SAC Units:_________________________________________________________________
WAC Units (must be less than 25 units):____________________________________________________
WAC Credits:___________________________________________________________________
Net WAC Units:________________________________________________________________
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 3
SECTION 4: ELIGIBILITY
Please confirm by initialing the following to determine eligibility:
_____ The property is located in the City of Hastings, MN.
_____ The SAC Determination for the property is 25 units or less, prior to SAC credits.
_____ The WAC Determination for the property is 25 units or less, prior to WAC credits.
_____ I understand that the deferral term is not to exceed 10 years.
_____ I understand that the maximum deferment amount is 80% and a down payment, equal to 20% of the total
SAC and WAC fees is due at time of application approval.
_____ I understand that the property owner will be billed monthly on their regular utility bill.
_____ I understand that SAC and WAC credits are tied to the property and may not generally be transferred to
another location.
_____ I understand that in the event of a default, any outstanding payments will be assessed to the property and
the property owners waives the right to contest the assessment.
_____ I understand that, in the case of a business closure, the business or property owner must notify the City’s
Economic Development Coordinator. They City will verify the closure and future payment obligations
will be waived. The site will not be credited with the portion of SAC & WAC not paid, but will receive
credit for actual SAC & WAC paid.
I hereby certify that the above information and/or statements are true and correct to the best of my
knowledge. I understand that any false statements may disqualify me, the property, or this business from
the program.
Business Signature:________________________________________________ Date:______________
Property Owner Signature:_________________________________________ Date:______________
Community Development Staff Approval:_____________________________ Date:_______________
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CITY OF HASTINGS: SAC & WAC DEFERRAL//UPDATED 06.11.2018 4
For Staff to Complete:
Permit Number:________________________________________________________________________
Permit Issue Date:______________________________________________________________________
Deferral Start Date: ____________________________________________________________________
(1st day of month after MCES report due)
Percentage to be financed: _______________________________________________________________
(maximum of 80%)
SAC Deferral Amount: ___________X (% Financed) = ________ X __________ = ________________
(e.g. 5 SAC x 80% = 4) (# total SAC units) Deferred Units Current SAC Rate Deferral Amount in $
WAC Deferral Amount: ___________X (% Financed) =_________ X ___________= _____________
(e.g. 5 SAC x 80% = 4) (# of total WAC units) Deferred Units Current WAC Rate Deferral Amount in $
Total Down Payment: SAC______________ = __________________
Down payment in units Down Payment Amount in $
(+)
WAC______________ = __________________
Down payment in units Down Payment Amount in $
(+)
First Monthly Payment = _________________
_____________________________________________________________________________________
Total Down Payment: $_________________
Eligibility Conditions:
_____ The fee owner’s property taxes are in good standing.
_____ The business is in good standing with the State of Minnesota and is not in violation of Hastings City Code.
_____ The property is located within the City of Hastings.
_____ The business meets the definition of eligible commercial properties as stated in the City of Hastings SAC
& WAC Deferral Program and/or the Metropolitan Council’s SAC Deferral Program.
Community Development Staff:______________________________ Date:________________
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City Council Memorandum
To: Mayor Fasbender and City Council
From: City Administrator Dan Wietecha
Date: August 19, 2024
Item: Community Investment Fund
Council Action Requested:
Approve Community Investment Fund projects: $16,400 for Pre-Production
Expenses for George Daniels Exhibit at LeDuc Historic Estate and $5,000 for AED
installation at Roadside Tennis/Pickleball Courts.
Background Information: As part of the 2024 Budget, the City Council continued
the Community Investment Fund and allocated $100,000 in funding. After funding
was allocated for CIF projects in March and May, a balance of $46,787 remains
unallocated.
Dakota County Historical Society has recently applied for $16,400 to begin pre-
production of the George Daniels Exhibit at the LeDuc Historic Estate. Pre-
production includes commissioned artwork, costumes, dress forms, and images for
exhibit use. This would help leverage an additional $94K grant application through
the Minnesota Historical Society.
Hastings Pickleball Association has recently applied for $5,000 to install an
automated electronic defibrillator (AED) at the Roadside Tennis/Pickleball Courts.
Financial Impact:
$21,400
Council Committee Discussion:
Finance Committee recommendation 8/14/2024
Attachments:
N/A
VIII-13
City Council Memorandum
To: Mayor Fasbender & City Council members
From: Chris Eitemiller, Finance Manager
Date: August 19, 2024
Item: BS&A Payment Module Contract Addendum
Council Action Requested:
Approve contract addendum for the BS&A payment module.
Background Information:
Prior to implementation of the new BS&A financial system, the City was presented with the option to
add the BS&A module to accept payments, which we did. This required an addendum to the City’s
contract with the vendor.
Financial Impact:
There is no cost to the City. All expenses will be paid by customers via transaction convenience
fees.
Committee Discussion:
Not Applicable
Attachments:
BS&A Integrated Payments module contract addendum.
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Integrated Payments Addendum
This Addendum (“Addendum”) supplements the Customer Agreement entered into by and between
BS&A Software, LLC (“BS&A”) and the City of Hastings, MN (“Customer”) together with the BS&A
Customer Terms and Conditions (collectively, the “Agreement”). Effective as of May 13, 2024.
Payment processing services accessible through an integration with BS&A’s platform are provided by
BS&A’s designated payment processor, as BS&A may designated from time to time (“Processor”). As of
the effective date of this Addendum, the Processor is Stripe, Inc. (“Stripe”). This Addendum will apply if
Customer sets up an account with the Processor (with Stripe as processor, such account is referred to
herein as the “Stripe Connected Account”), to receive payment processing services from Processor
(“Payment Processing Services”) through such integration. Capitalized terms used but not defined here
will have the meanings given to them in the Agreement or in the Stripe Agreements (defined below).
1. Payment Processing Services
1.1 Processor Agreements. As of the effective date of this Addendum, use of the Payment
Processing Services is subject to the Stripe Services Agreement, the Stripe Privacy Policy, and other
terms and conditions of Stripe, as each may be updated or modified by Stripe from time to time
(collectively, the “Stripe Agreements”). Customer may not use any Payment Processing Services until
Customer agrees to the Stripe Agreements, and by agreeing to this Addendum, Customer expressly
(a) accepts and agrees to the Stripe Agreements, and (b) authorizes BS&A to capture Customer’s
electronic or digital acceptance of the Stripe Agreement and provide proof of such acceptance to Stripe
as may be requested by Stripe. Customer understands that the Stripe Agreements are solely between
Customer and Stripe, and the Payment Processing Services are provided solely by Stripe. BS&A is not a
party to the Stripe Agreements, has no control over the Payment Processing Services and the Stripe
Agreements, and will have no liability under the Stripe Agreements or in any way relating to the
Payment Processing Services. Customer is responsible for checking for applicable updates to the Stripe
Agreements from time to time, and any use by Customer of the Payment Processing Services following a
change to the Stripe Agreements shall constitute acceptance of such change.
1.2 Customer Information and onboarding. Customer will follow the onboarding procedures and
policies provided by BS&A and Stripe (as may be amended from time to time), and Customer will
provide all requested information. All information provided by Customer to BS&A must be truthful and
accurate. Customer acknowledges that Processor has the ultimate decision whether to approve
Customer for the Payment Processing Services.
1.3 Transaction Processing and Settlement. Transactions are processed by Processor, not BS&A.
Stripe (or its partner banks) will settle Transaction proceeds to Customer’s designated bank account in
accordance with the Stripe Agreements. Customer acknowledges and agrees that its processed
transactions may be deposited into to a pooled account held for the benefit of Customer and other
customers of BS&A held at any financial institution so that such funds may be combined and aggregated
with other funds that are ultimately settled to Customer by such financial institution. Customer
understands and agrees that BS&A does not process, receive, or hold Customer funds at any time and
that BS&A is not a bank, money transmitter, or other money services business (as such terms are
defined by the Bank Secrecy Act or any state law). To the extent BS&A is deemed to hold or receive
funds (constructively or otherwise) of any customer of Customer at any point in time, Customer hereby
irrevocably appoints BS&A as its non-fiduciary agent for the limited purpose of collecting, receiving,
VIII-14
—2—
holding, and settling funds from Customer’s customer (the cardholder) on Customer’s behalf. In such
event, such funds shall be deemed received by Customer upon receipt by BS&A and shall satisfy the
cardholder’s obligation to Customer in connection with the transaction for the goods or services sold by
Customer. If BS&A fails to remit such funds to Customer, Customer’s sole recourse for such event is
solely against BS&A and not against the cardholder or the cardholder’s financial source.
1.4 Data Usage and Sharing. Customer authorizes BS&A to (a) access and receive data relating to
Customer’s Stripe Connected Account (as such term is defined in the Stripe Agreements), including
transaction and usage data and other data about the Stripe Connected Account; (b) share data regarding
the Stripe Connected Account, related activity and other Customer data with Stripe in connection with
the Payment Processing Services; and (c) issue instructions to Stripe regarding Transactions and funds
processed by Stripe. Customer agrees to complete and submit any additional authorization forms or
other such documentation as requested by BS&A or Stripe.
2. Payment Terms
2.1 Fees. The fees for the Payment Processing Services will be as set forth in Schedule A of this
Addendum and will be automatically debited by BS&A via ACH from the depository account designated
by Customer that is on file with BS&A (“Customer Account”). Customer hereby authorizes BS&A,
Processor, their financial institutions and any of their assignees to collect amounts owed under this
Addendum (including, but not limited to, the fees for the Payment Processing Services set forth on
Schedule A and any liabilities arising under this Addendum) by debiting funds from the Customer
Account (“ACH Debit Authorization”). All payments are non-refundable. If Customer fails to make any
payment when due (or any ACH Debit of the Customer Account is returned or rejected for any reason),
late charges will accrue as permitted pursuant to Section 7.1 of the Agreement. For clarity, any fees or
payment terms that may be posted on Stripe’s website for Stripe’s direct customers are not applicable.
All fees are exclusive of any applicable taxes, unless otherwise provided. Customer agrees that all ACH
transactions authorized pursuant to this authorization comply with all applicable laws and with the
Network Rules (including the Nacha Operating Rules). Notwithstanding anything to the contrary in the
Agreement, fees for the Payment Processing Services can be amended upon thirty days notice to
Customer.
2.2 Disputes. If Customer believes that there is an error in any statement provided by BS&A or any
information reported by BS&A regarding a Transaction, or any error made in the amount of a payment
or settlement, Customer must notify BS&A within thirty (30) days of Customer’s discovery of the error or
it will waive such claim.
2.3 Tax Reporting. BS&A may send documents to Customer and the Internal Revenue Service (IRS)
or other tax authority for Transactions processed using the Payment Processing Services. BS&A may
have tax reporting responsibilities in connection with the Payment Processing Services such as an
Internal Revenue Service report on Form 1099-K (which reports Customer’s gross transaction amounts
each calendar year to the IRS), or state or other taxing authority requirements. Customer acknowledges
that BS&A or Stripe (as determined in their sole discretion) will report the total amount of transactions
received by Customer in connection with the Payment Processing Services each calendar year as
required by the taxing authorities. Customer will cooperate with BS&A and Stripe in providing accurate
and complete tax reporting information, including any other information that may be required by the
taxing authorities to fulfil tax reporting described herein. Customer represents and warrants that all
information that it submits for tax reporting purposes is complete and accurate to the best of its
knowledge, and that BS&A and Stripe may rely on all such information submitted by Customer.
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Customer agrees that neither Stripe nor BS&A will be liable for any penalty or other damages stemming
from any 1099-K form that is issued incorrectly if it comports with the information provided by
Customer, and neither Stripe nor BS&A will have any obligation to verify the legal name or tax ID
number for reporting purposes. Customer understands and agrees that BS&A and Stripe may submit tax
reporting information exactly as provided by Customer. Notwithstanding the foregoing, BS&A or Stripe
may in their sole discretion investigate or validate any tax reporting information or other information
submitted by Customer.
2.4 Electronic Delivery of Tax Documents. In connection with the tax reporting activities described
above, Customer may elect to receive electronic delivery of the referenced tax-related documents from
BS&A or Stripe, including through BS&A’s platform or another online portal whereby Customer can
access and download the applicable statements. If Customer elects to receive tax documents
electronically, it will provide such consent by clicking an “I Accept” or similar button or checking a box
captioned with acceptance and consent language (“Tax E-Delivery Consent”). The Tax E-Delivery
Consent will remain in effect until withdrawn by Customer. The Tax E-Delivery Consent may be printed
or downloaded. If Customer does not specifically consent to the electronic delivery of tax-related
documents, Customer will receive paper copies of all required tax-related documents, including Form
1099-K. BS&A or Stripe will notify Customer once the applicable tax forms become available via the
email address BS&A has on file for Customer.
3. Compliance
3.1 Laws and Rules. Customer agrees to comply at all times with all applicable laws and regulations
as well as the rules and regulations of all applicable payment networks (“Network Rules”), including
industry standards such as the Payment Card Industry Data Security Standards (“PCI-DSS”). Additional
data protection standards and policies which Customer must comply with are set forth in the Stripe
Agreements. Furthermore, Customer acknowledges and agrees that it is fully responsible for all acts and
omissions of its employees, contractors, and agents and will ensure their compliance with all laws and
Network Rules as well as Customer’s other obligations under this Addendum and the Stripe Agreements.
3.2 Customer’s Business. Customer understands that any transactions involving Customer’s goods
or services which are processed through the Payment Processing Services pursuant to this Addendum
(“Transactions”) are between Customer and its customer (the cardholder), and any issues relating to a
Transaction are solely between Customer and the cardholder. Customer is solely responsible for all
liabilities associated with Customer’s payment processing activity and use of the Payment Processing
Services, including without limitation with respect to chargebacks, refunds, identity theft, fraud and any
assessments or fees imposed by Stripe, a sponsor bank, the card networks or any third party. Customer
is responsible for determining what, if any, taxes apply to the goods and services Customer provides to
its cardholders and the payments Customer makes or receives, and it is Customer’s responsibility to
collect, report and remit the correct tax to the appropriate tax authority. Customer will comply with any
and all applicable tax laws, including those in connection with Transactions.
3.3 Prohibited Activities. Customer will not use the Stripe Connected Account for any activity
prohibited by Stripe, including but not limited to those activities listed in the section of Stripe Services
Agreement titled “Services Restrictions” or those activities listed in the Stripe Restricted Businesses List.
Customer shall not use the Payment Processing Services to conduct a Restricted Business or transact
with a Restricted Business. Customer may not use the Payment Processing Services in breach of the
Connected Account Agreement or for any activity that applicable law or the Stripe Agreements prohibit.
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3.4 Fraud Monitoring. BS&A and Stripe may monitor Transactions for the purpose of determining
fraudulent activity and whether Customer is in good standing. Such monitoring if conducted, will be for
the benefit of BS&A and/or Stripe only. BS&A does not have any obligation to monitor Transactions on
Customer’s behalf. Based on BS&A’s methods, which are subject to change without notice, BS&A may
decide to suspend Customer’s access to the Payment Processing Services, or in other ways limit
Customer’s privileges to the extent BS&A deems necessary or useful to prevent fraud or losses. Without
limiting the foregoing, BS&A may delay, in its sole discretion, or at the direction of Stripe sending
instructions on Customer’s behalf if BS&A reasonably believes that Customer’s instructions may involve
fraud or misconduct, or violate applicable law, rule, regulation, order, this Addendum, or other
applicable BS&A or Stripe policies, as determined by BS&A or Stripe in their sole and absolute discretion.
3.5 Cardholder Fee Programs. If Customer elects to impose a fee on cardholders with respect to
Transactions (including a surcharge for credit cards, a convenience fee, service fee or other similar type
of fee) or implement a discount based on the type of payment method used for a Transaction (including
cash, check, or ACH) (collectively, “Cardholder Fee Program”), Customer must first seek approval from
BS&A. Customer is solely responsible for its compliance with all applicable Network Rules and all present
and future federal and state laws and regulations relating to any such Cardholder Fee Program and any
required consumer disclosures related thereto. Although BS&A may, in its discretion, assist Customer
with disclosures and practices relating to such Cardholder Fee Programs, BS&A’s provision or approval of
any materials or practices shall not be deemed a confirmation that such materials or practices comply
with the Network Rules or applicable law and shall not in any way relieve Customer from its
responsibility to ensure that all program materials and practices comply with the Network Rules and
applicable law. Customer must provide BS&A with at least at thirty (30) days prior written notice before
implementing (or announcing publicly that it intends to implement) any Cardholder Fee Program that
would be considered a surcharge program under the Network Rules.
4. Chargebacks
4.1 Chargebacks. If BS&A determines in its sole discretion that Customer is incurring excessive
chargebacks, BS&A may establish controls or conditions governing Customer’s use of the Payment
Processing Services, including without limitation, by (a) establishing new fees, (b) instructing Stripe to
require a reserve, (c) instruct Stripe to delay payouts, and/or (d) terminating this Addendum and access
to the Payment Processing Services. Notwithstanding anything to the contrary herein, for any
Transaction that results in a chargeback, BS&A may direct the withholding of the chargeback amount
and any associated fees. Customer authorizes BS&A to deduct or debit the amount of any chargeback
and any associated fees, fines, or penalties assessed by a third party, from Customer’s Account or offset
from any amounts otherwise due to Customer. Further, if BS&A reasonably believes that a chargeback is
likely with respect to any Transaction, BS&A may instruct Stripe to withhold the amount of the potential
chargeback from payments otherwise due to Customer until such time that: (a) a chargeback is
assessed, in which case BS&A will retain the funds; (b) the period of time under applicable law or Rule by
which the cardholder may dispute the Transaction has expired; or (c) BS&A determines that a
chargeback on the Transaction will not occur, in which case BS&A will instruct the release of the
withheld funds to Customer. If BS&A is unable to recover funds related to a chargeback for which
Customer is liable, BS&A may set off or debit Customer’s Account for the full amount of the applicable
chargeback, or, if BS&A is unable to do so, Customer shall pay BS&A the amount of such chargeback and
any associated fees, fines or penalties immediately upon demand. Customer will pay all costs and
expenses, including without limitation attorneys’ fees, other legal expenses, and handling fees incurred
by or on behalf of BS&A in connection with the collection of all chargebacks. This section will survive
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termination of this Addendum. Additional chargeback terms and requirements are set forth in the Stripe
Agreements.
4.2 Investigations. BS&A is not obligated to intervene in any dispute arising between Customer and
cardholders. Notwithstanding anything to the contrary herein, if BS&A needs to conduct an investigation
or resolve any pending dispute related to chargebacks or Transactions, Customer will assist BS&A when
requested, at Customer’s expense, to investigate such Transactions. Customer will timely submit all
applicable information, documentation, or evidence related to such chargeback to BS&A, within the
timeframe instructed by BS&A, necessary for BS&A to meet card network timelines for submitting
evidence and responding to a chargeback. Customer authorizes BS&A to share information about a
chargeback with the cardholder, the cardholder’s financial institution and Customer’s financial
institution in order to investigate or mediate a chargeback. BS&A will request necessary information
from Customer to contest the chargeback. If a chargeback dispute is not resolved in Customer’s favor by
the card network or issuing bank or Customer chooses not to contest the chargeback, BS&A may recover
the chargeback amount and any associated fees. Customer acknowledges that its failure to assist BS&A
in a timely manner when investigating a Transaction, including providing necessary documentation
within the time period specified in BS&A’s request, may result in an irreversible chargeback. BS&A will
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VIII-14
—6—
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VIII-14
—7—
applicable fees and rates at time of renewal . BS&A must give Customer ninety (90) days’ prior notice of
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BS&A Software
Kellie Kucik, Integrated Payments Team, BS&A Software
CITY OF HASTINGS
Mary Fasbender, Mayor
Kelly Murtaugh, City Clerk
VIII-14
—8—
Tax E-Delivery Consent
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VIII-14
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X
Chris Eitemiller
Finance Manager, City of Hastings
VIII-14
—10—
Schedule A – Payment Processing Services & Fees
Service Fee
Payment Processing Implementation $0
Monthly Account Fee $0
Gateway $0
PCI DSS $0
Tokenization $0
Chargeback / Dispute Management $0
Real-Time ACH Validation $0
Real-Time Transaction Fraud & Risk Monitoring $0
Text – to – Pay $0
IVR $0
Credit Card – Visa, Mastercard, Discover, American Express – Pass-Through to Payor
Online, Text, IVR, Counter Percentage Per Transaction
Utility Billing 2.95% $0.50
Tax 2.80% $0.50
Misc. 2.95% $0.50
Credit Card – Visa, Mastercard, Discover, American Express – Absorbed by Municipality
Online, Text, IVR, Counter Percentage Per Transaction
Utility Billing 2.8% $0.50
Tax 2.8% $0.50
Misc. 2.8% $0.50
ACH – Pass-Through to Payor
Transaction Amount Fee per Transaction
$0 - $1,000 $3.00
$1,001 - $5,000 $6.00
$5,001 + $12.00
Device Price No. of Devices Total
S700 Terminal $300 + Tax & Shipping 3 Complementary
VIII-14
City Council Memorandum
To: Mayor Fasbender and City Council
From: Lindsey Duggan, Community Development Intern
Date: August 19, 2024
Item: Special Use Permit – Cannabis Retail Sales – Westview Smokes – 1355 South Frontage
Rd
Council Action Requested:
Adopt the attached resolution granting a Special Use Permit (SUP) for cannabis retail sales for
Westview Smokes on property located at 1355 South Frontage Rd owned by Ein Karem
Properties LLC. A separate cannabis licensing permit is scheduled for consideration under the
Administration section of the City Council Agenda.
SUP approval requires six of seven Councilmembers.
Advisory Commission Review:
The Planning Commission voted 6-1 to recommend approval of the request as presented at the
August 19, 2024 meeting. No one spoke for or against the item during the public hearing. The
applicant was cited for selling cannabis products without City permits. Commissioners
discussed issuance of permits to sell cannabis in situations where cannabis was sold without
permits.
Attachments:
Resolution – SUP
Planning Commission Staff Report – August 12, 2024
IX-01
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS PRODUCTS AT
1355 SOUTH FRONTAGE ROAD FOR WESTVIEW SMOKES
WHEREAS, Westview Smokes has applied for a Special Use Permit for the retail sales
of cannabis products at Westview Smokes. The property is owned by Ein Karem Properties LLC
and generally located at 1355 South Frontage Rd and legally described as Lot 1 thru 3, Block 2
all in WESTVIEW SHOPPING CENTER 2ND ADDITION, Dakota County, Minnesota; and
WHEREAS, on August 12, 2024 the Hastings Planning Commission held a public hearing
and recommended approval of the action as presented; and
WHEREAS, the City Council reviewed the request and concurs with the recommendation
of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the action as presented to the City Council subject to the
following conditions:
1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
3) The Special Use Permit shall be limited to the leasable space currently occupied by
Westview Smokes and shall not be valid for remaining portions of the property.
4) Approval is subject to a one-year Sunset Clause; if operation does not commence within
one year of City Council approval, the approval is null and void.
Adopted by the Hastings City Council on August 19, 2024, by the following vote:
IX-01
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
IX-01
STATE OF MINNESOTA ) City of Hastings
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings,
Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the
Resolution with the original on file in my office and the same is a full, true and
complete copy thereof.
WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this
____ day of 20 .
.
Kelly Murtaugh, City Clerk
SEAL STICKER
IX-01
Planning Commission Memorandum
To: Planning Commission
From: Lindsey Duggan, Community Development Intern
Date: August 12, 2024
Item: Public Hearing – Special Use Permit (SUP) – Cannabis Retail Sales – Westview
Smokes – 1355 South Frontage Rd. Suite 420
REQUEST
The Planning Commission is asked to take the following actions related to the Special Use
Permit (SUP) application of Westview Smokes to conduct cannabis retail sales at Westview
Smokes located at 1355 South Frontage Rd. Suite 420 on property owned by Ein Karem
Properties LLC:
1) Hold a public hearing.
2) Review the SUP application and provide a recommendation to City Council.
BACKGROUND INFORMATION
Cannabis Business Regulations
In November 2023, the City adopted Chapter 155.07, Subd. J of the Zoning Code to allow for
Cannabis Businesses. The ordinance outlines performance standards and prohibited acts
pertaining to cannabis. Cannabis sales were added as a Special Use permit in the C-3
Community Regional Commerce and C-4 Regional Shopping Center Districts. The city also
adopted licensing requirements under City Code Chapter 117 that are similar to those adopted in
the zoning code.
Cannabis Business License
An application for a cannabis business license has been submitted along with the SUP
application and will be considered by the City Council in conjunction with action on the SUP.
Notification and Public Hearing
Notification of the request was mailed to all property owners within 350 feet. Staff has not
received any comments at this time.
IX-01
Comprehensive Plan Classification
The 2040 Comprehensive Plan designates the property as Commercial. The proposed use is
consistent with the plan.
Zoning Classification
The property is C-4 –Regional Shopping Center. The C-4 District allows for cannabis retailers
as a special use.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North South Frontage Rd
- McDonalds
- Farmers Insurance
- Wells Fargo
- Auto Doctor
- Speedway
C-4 Commercial
East Former Hastings Theater C-4 Commercial
South Medium-High Density
Residence
R-3 Residential
West Public Land R-1 Residential
Existing Condition
Westview Smokes has been in operation for a number of years. Recently they have obtained a
misdemeanor for violating Hastings City Ord 117.03 by selling THC Product without a city
license.
SPECIAL USE PERMIT REVIEW
Background
Hastings City Code Chapter 155.32, Subd. C.6 – allows cannabis retailers and edible retailers as
a “special use” within the C-4 Zoning District, subject to the requirements of 155.07, Subd. J as
follows:
2. Performance Standards.
a. A cannabis business shall only operate in an authorized zoning district with
approved State and local license or registration.
b. Any person selling or distributing cannabis products shall require proof of age by
means of government issued photographic identification from the prospective
purchaser showing purchaser is twenty-one (21) years old or older.
IX-01
c. Signage identifying the legal sales age and the age verification requirement shall
be posted at the point of sale. The required signage shall be posted in a manner so
that it is clearly visible to anyone who is considering or making a purchase. The
sign shall provide notice that all persons responsible for selling these products
must verify the age of any person under thirty (30) years of age, by means of
photographic identification required in this section, containing the bearer's date of
birth.
d. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
e. No sales or distribution of intoxicating cannabis products shall be allowed at the
licensed premises after 10:00 p.m. or before 8:00 a.m.
f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis
products or cannabis related devices by any means whereby a customer has access
to such items without having to request the item from the retailer or the retailer's
employee. There shall be a physical exchange of the intoxicating cannabis product
or cannabis-related devices between the retailer or the retailer's employee and the
customer. All intoxicating cannabis products and cannabis-related devices shall be
either store behind a counter or other area not freely accessible to customers, or in
a storage unit or case not open and accessible to the general public.
g. All retail establishments of intoxicating cannabis products shall have a security
plan approved by the Police Chief stating how the facility will address public
health, welfare and safety concerns including, but not limited to security, fencing,
lighting, window coverings, door placement, and landscaping.
h. Compliance Checks and Inspections
All licensed premises must be open to inspection by the local law enforcement or
other authorized City officials during regular business hours. From time to time,
but at least once per year, the City will conduct compliance checks on Retailers
and Edible Retailers of intoxicating cannabis products by engaging persons
between the ages of seventeen (17) and twenty-one (21) years, to enter the
licensed premises to attempt to purchase intoxicating cannabis products. Persons
used for compliance checks are not guilty of the unlawful purchase or attempted
purchase, nor the unlawful possession of intoxicating cannabis products when the
items are obtained or attempted to be obtained as a part of the compliance check.
No person used in compliance checks may attempt to use a false identification
misrepresenting the person's age, and all persons lawfully engaged in a
compliance check may answer all questions about the person's age asked by the
retailer or his or her employee and shall produce any identification, if any exists,
for which he or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training purposes,
or required for the enforcement of a particular State or Federal law.
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).
IX-01
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) 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 packaging 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.
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.
j. No sampling or free donation 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.
Analysis
Cannabis sales are allowed as a special use within C-4 zoning district. Operational license
to be considered by City Council.
The above are also part of the annual licensing requirements. The Hastings Police
Department has approved the security plan for the facility and the business is subject to
periodic review by the Hastings Police Department.
Special Use Permit Requirements
Special Use Permit review is outlined in Chapter 30.02, Subd. E.2.b.5 of the City Code and
subject to adherence to the following (staff analysis appears in red)
1. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenient traffic flow and control, and access in
case of fire or catastrophe; Ingress and egress to the property will be unchanged. The sale
of cannabis products on site will not require changes to ingress and egress.
2. Off-street parking and loading areas where required, with particular attention to division
(E)(2)(b)5. a. above, and the economic, noise, glare, or odor effects of the special use on
IX-01
adjoining properties and properties generally in the district; Parking and loading is
adequate, and the proposed use will not require changes. The property is surrounded by
other commercial uses as well as a large parking lot.
3. Refuse and service areas, with particular reference to items divisions (E)(2)(b)5.a. and
(E)(2)(b)5. b. above; The sale of cannabis products will not increase the need for refuse
areas.
4. Utilities, with reference to locations, availability, and compatibility; Utility service is
adequate and will not change with cannabis sales.
5. Screening and buffering with reference to type, dimensions, and character; Screening and
buffering is adequate and will not change with cannabis sales.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic
effect, and compatibility and harmony with properties in the district; Staff is not aware of
any changes to signage.
7. Required yards and other open space; Yards and open space are unchanged.
8. General compatibility with adjacent properties and other properties in the district. Property
abuts mostly commercially zoned properties.
Recommendation
Approval of the Special Use Permit is recommended subject to the following requirements:
5) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
6) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
Attachments
Location Map
Site Picture
Application
IX-01
LOCATION MAP
IX-01
SITE PICTURES
Looking south from front parking lot o
City Council Memorandum
To: Mayor Fasbender and City Council
From: Lindsey Duggan, Community Development Intern
Date: August 19, 2024
Item: Special Use Permit – Cannabis Retail Sales – Hastings Tobacco – 1769 Market Blvd
Council Action Requested:
Adopt the attached resolution granting a Special Use Permit (SUP) for cannabis retail sales for
Hastings tobacco on property located at 1769 Market Blvd owned by Hastings Marketplace
Station LLC. A separate cannabis licensing permit is scheduled for consideration under the
Administration section of the City Council Agenda.
SUP approval requires six of seven Councilmembers.
Advisory Commission Review:
The Planning Commission voted 6-1 to recommend approval of the request as presented at the
August 19, 2024 meeting. No one spoke for or against the item during the public hearing. The
applicant was cited for selling cannabis products without City permits. Commissioners
discussed issuance of permits to sell cannabis in situations where cannabis was sold without
permits.
Attachments:
Resolution – SUP
Planning Commission Staff Report – August 12, 2024
IX-02
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS PRODUCTS AT
1769 MARKET BLVD FOR HASTINGS TOBACCO
WHEREAS, Hastings Tobacco has applied for a Special Use Permit for the retail sales
of cannabis products at Hastings Tobacco. The property is owned by Hastings Marketplace
Station LLC and generally located at 1769 Market Blvd. It is legally described as Lot 3, Block 1
all in HASTINGS MARKETPLACE WEST, Dakota County, Minnesota; and
WHEREAS, on August 12, 2024 the Hastings Planning Commission held a public hearing
and recommended approval of the action as presented; and
WHEREAS, the City Council reviewed the request and concurs with the recommendation
of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the action as presented to the City Council subject to the
following conditions:
1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
3) The Special Use Permit shall be limited to the leasable space currently occupied by
Hastings Tobacco and shall not be valid for remaining portions of the property.
4) Approval is subject to a one-year Sunset Clause; if operation does not commence within
one year of City Council approval, the approval is null and void.
Adopted by the Hastings City Council on August 19, 2024, by the following vote:
IX-02
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
IX-02
STATE OF MINNESOTA ) City of Hastings
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings,
Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the
Resolution with the original on file in my office and the same is a full, true and
complete copy thereof.
WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this
____ day of 20 .
.
Kelly Murtaugh, City Clerk
SEAL STICKER
IX-02
Planning Commission Memorandum
To: Planning Commission
From: Lindsey Duggan, Community Development Intern
Date: August 12, 2024
Item: Public Hearing – Special Use Permit (SUP) – Cannabis Retail Sales – Hastings Tobacco
1 Inc. – 1769 Market Blvd
REQUEST
The Planning Commission is asked to take the following actions related to the Special Use
Permit (SUP) application of Hastings Tobacco 1 Inc. to conduct cannabis retail sales at Hastings
Tobacco located at 1769 Market Blvd on property owned by Hastings Marketplace Station LLC:
1) Hold a public hearing.
2) Review the SUP application and provide a recommendation to City Council.
BACKGROUND INFORMATION
Cannabis Business Regulations
In November 2023, the City adopted Chapter 155.07, Subd. J of the Zoning Code to allow for
Cannabis Businesses. The ordinance outlines performance standards and prohibited acts
pertaining to cannabis. Cannabis sales were added as a Special Use permit in the C-3
Community Regional Commerce and C-4 Regional Shopping Center Districts. The city also
adopted licensing requirements under City Code Chapter 117 that are similar to those adopted in
the zoning code.
Cannabis Business License
An application for a cannabis business license has been submitted along with the SUP
application and will be considered by the City Council in conjunction with action on the SUP.
Notification and Public Hearing
Notification of the request was mailed to all property owners within 350 feet. Staff has not
received any comments at this time.
Comprehensive Plan Classification
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The 2040 Comprehensive Plan designates the property as Commercial. The proposed use is
consistent with the plan.
Zoning Classification
The property is C-4 –Regional Shopping Center. The C-4 District allows for cannabis retailers
as a special use.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North Dakota Summit
DaVita Dialysis
C-4 Commercial
East Arby’s
Culvers
C-4 Commercial
South Hastings Marketplace West
Outlot
C-4 Commercial
West Xcel Energy Substation Nininger
Twp
Commercial
Existing Condition
Hastings Tobacco has been in operation for a number of years. They recently received a
misdemeanor on June 18, 2024 for violating Hastings City Ord 117.03 by selling THC Product
without a city license.
SPECIAL USE PERMIT REVIEW
Background
Hastings City Code Chapter 155.32, Subd. C.6 – allows cannabis retailers and edible retailers as
a “special use” within the C-4 Zoning District, subject to the requirements of 155.07, Subd. J as
follows:
2. Performance Standards.
a. A cannabis business shall only operate in an authorized zoning district with
approved State and local license or registration.
b. Any person selling or distributing cannabis products shall require proof of age by
means of government issued photographic identification from the prospective
purchaser showing purchaser is twenty-one (21) years old or older.
c. Signage identifying the legal sales age and the age verification requirement shall
be posted at the point of sale. The required signage shall be posted in a manner so
that it is clearly visible to anyone who is considering or making a purchase. The
sign shall provide notice that all persons responsible for selling these products
must verify the age of any person under thirty (30) years of age, by means of
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photographic identification required in this section, containing the bearer's date of
birth.
d. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
e. No sales or distribution of intoxicating cannabis products shall be allowed at the
licensed premises after 10:00 p.m. or before 8:00 a.m.
f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis
products or cannabis related devices by any means whereby a customer has access
to such items without having to request the item from the retailer or the retailer's
employee. There shall be a physical exchange of the intoxicating cannabis product
or cannabis-related devices between the retailer or the retailer's employee and the
customer. All intoxicating cannabis products and cannabis-related devices shall be
either store behind a counter or other area not freely accessible to customers, or in
a storage unit or case not open and accessible to the general public.
g. All retail establishments of intoxicating cannabis products shall have a security
plan approved by the Police Chief stating how the facility will address public
health, welfare and safety concerns including, but not limited to security, fencing,
lighting, window coverings, door placement, and landscaping.
h. Compliance Checks and Inspections
All licensed premises must be open to inspection by the local law enforcement or
other authorized City officials during regular business hours. From time to time,
but at least once per year, the City will conduct compliance checks on Retailers
and Edible Retailers of intoxicating cannabis products by engaging persons
between the ages of seventeen (17) and twenty-one (21) years, to enter the
licensed premises to attempt to purchase intoxicating cannabis products. Persons
used for compliance checks are not guilty of the unlawful purchase or attempted
purchase, nor the unlawful possession of intoxicating cannabis products when the
items are obtained or attempted to be obtained as a part of the compliance check.
No person used in compliance checks may attempt to use a false identification
misrepresenting the person's age, and all persons lawfully engaged in a
compliance check may answer all questions about the person's age asked by the
retailer or his or her employee and shall produce any identification, if any exists,
for which he or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training purposes,
or required for the enforcement of a particular State or Federal law.
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.
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d. It shall be unlawful for any person under the age of twenty-one (21) 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 packaging 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.
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.
j. No sampling or free donation 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.
Analysis
Cannabis sales are allowed as a special use within C-4 zoning district. Operational license
to be considered by City Council.
The above are also part of the annual licensing requirements. The Hastings Police
Department has approved the security plan for the facility and the business is subject to
periodic review by the Hastings Police Department.
Special Use Permit Requirements
Special Use Permit review is outlined in Chapter 30.02, Subd. E.2.b.5 of the City Code and
subject to adherence to the following (staff analysis appears in red)
1. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenient traffic flow and control, and access in
case of fire or catastrophe; Ingress and egress to the property will be unchanged. The sale
of cannabis products on site will not require changes to ingress and egress.
2. Off-street parking and loading areas where required, with particular attention to division
(E)(2)(b)5. a. above, and the economic, noise, glare, or odor effects of the special use on
adjoining properties and properties generally in the district; Parking and loading is
adequate, and the proposed use will not require changes. The property is surrounded by
other commercial uses as well as a large parking lot.
3. Refuse and service areas, with particular reference to items divisions (E)(2)(b)5.a. and
(E)(2)(b)5. b. above; The sale of cannabis products will not increase the need for refuse
areas.
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4. Utilities, with reference to locations, availability, and compatibility; Utility service is
adequate and will not change with cannabis sales.
5. Screening and buffering with reference to type, dimensions, and character; Screening and
buffering is adequate and will not change with cannabis sales.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic
effect, and compatibility and harmony with properties in the district; Staff is not aware of
any changes to signage.
7. Required yards and other open space; Yards and open space are unchanged.
8. General compatibility with adjacent properties and other properties in the district. Property
abuts mostly commercially zoned properties.
Recommendation
Approval of the Special Use Permit is recommended subject to the following requirements:
5) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
6) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
Attachments
Location Map
Site Picture
Application
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LOCATION MAP
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SITE PICTURES
Looking west from front parking lot o
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven, Assistant City Engineer
Date: August 12, 2024
Item: Consider Resolution of Support – CSAH 42 Corridor Study Recommended Scope of Improvements
Council Action Requested:
The Council is requested to consider the attached resolution indicating support of the recommended
project scope for improvements to CSAH 42, tentatively scheduled for construction in 2028.
Background Information:
In 2021, Dakota County performed a pedestrian crossing assessment to evaluate pedestrian safety
crossings along its corridors. The Mississippi River Greenway (MRG) trail crossing on CSAH 42 between
Pleasant Dr and Madison St was evaluated. The study concluded this location would benefit from a
median refuge island to reduce the pedestrian crossing length. However, it also recommended the
network of crossings on CSAH 42 from Lock Blvd to Pine St be evaluated in the near future.
In 2023, Dakota County partnered with HR Green to evaluate the corridor. An open house was
conducted on January 23, 2024 to gather input from area residents to identify difficult crossings and
understand general usage patterns. The project team subsequently developed four alternatives ranging
from short term (low cost) solutions to long term (high cost) solutions. An open house was conducted on
May 6, 2024 to gather additional input from area residents on these possible solutions.
Feedback from the open houses and corridor data collection emphasized the need for vehicle speed
reduction, trail connectivity, and reduced pedestrian crossing lengths along the corridor. Elimination of
vehicle bypass lanes and reduction of underused left turn/right turn lanes would create a safter corridor
and reduce vehicle/pedestrian conflict points. The recommended solution includes (see attached Corridor
Study Report):
Bypass Lanes
Eliminate unsafe bypass lanes at 1st St, Hospital, Pleasant Dr, Madison St and Monroe St
Turn Lanes
Remove low volume right turn lanes at Monroe St and Madison St
Add left turn lanes at 1st St and Pleasant Dr to accommodate high turning movements
Crosswalks
Evaluate need for painted crosswalks on Monroe St, Madison St, Pleasant Dr and at bump out
locations.
Trail
Extend trail on south side of CSAH 42 from Monroe St to Lock Blvd
Convert existing sidewalk on south side of CSAH 42 from Pleasant Dr to River St to a wider multi-
use trail.
Extend trail on south side of CSAH 42 from River St to Pine St
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Install Bump Outs
Riverdale Dr (west side of intersection)
o Establish safe crossing location
o Reduce pedestrian crossing length
o Evaluate need for pedestrian crossing signage and painted crosswalk.
MRG Trail (midblock between Madison St and Pleasant Dr)
o Remove trail on north side of CSAH 42 to eliminate unnecessary redundant crossing at
Pleasant Dr.
o Evaluate need for pedestrian crossing signage and painted crosswalk.
Between 1st St and 2nd St & along west side of River St
o Provide reduced crossing length on west side of horizontal curve with poor site lines.
o Provide safe crossing for neighborhoods to the south.
o Evaluate need for pedestrian crossing signage and painted crosswalk.
Financial Impact:
The City is responsible for 15% of the costs associated with the corridor study. Any future project will be
budgeted through the normal budgetary process and likely subject to the 85/15 cost share split. Design
is scheduled for 2025 with construction tentatively scheduled for 2028. City portion of the design is
expected to be approximately $25,000 and construction to be approximately $200,000.
Staff Recommendation:
Staff recommends the City Council adopts the attached resolution in support of the recommended
scope and features for CSAH 42.
Attachments:
County Road 42 (Nininger Road) Corridor Study Report
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CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION IN SUPPORT OF THE RECOMMENDED SCOPE AND FEATURES FOR THE CSAH 42
CORRIDOR STUDY
WHEREAS, Dakota County performed a pedestrian crossing assessment at Mississippi River Greenway
(MRG) trail between Pleasant Dr and Madison St in 2021. It was recommended the entire corridor be
evaluated between Lock Blvd and Pine St; and
WHEREAS, Dakota County partnered with HR Green to evaluate the corridor in 2023; and
WHEREAS, A public open house was held January 23, 2024 to gather input from area residents to
identify difficult crossings and understand general usage patterns; and
WHEREAS, A public open house was held May 6, 2024 to gather input from area residents on four
alternatives ranging from short term (low cost) solutions to long term (high cost) solutions; and
WHEREAS, Public feedback emphasized the need for vehicle speed reduction, trail connectivity, and
reduced pedestrian crossing lengths along the corridor; and
WHEREAS, the recommended concept design addresses the aforementioned concerns to a significant
and reasonable extent.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS
FOLLOWS;
1. The City of Hastings hereby supports the implementation of the recommended project scope and
features for improvements along CSAH 42 from Lock Blvd to Pine St.
2. The City of Hastings will work in partnership with Dakota County to participate in the Dakota
County cost share to complete this scope of work.
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ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 19TH DAY OF AUGUST,
2024.
Ayes:
Nays:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk SEAL
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COUNTY ROAD 42 (NININGER ROAD)
CORRIDOR STUDY REPORT
JUNE 2024
Hastings – Lock Boulevard to Pine Street
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Table of Contents
Project Introduc
County Road 42 (Nininger Road) Corridor Study
1
County Road 42 (Nininger Road) Corridor Study
Project Introduction
Dakota County has collaborated with the City of Hastings to conduct a corridor study for
the 1.5-mile segment of County Road 42 (also referred to as Nininger Road or 2nd Street
West) from Lock Road to Pine Street. Locally, County Road 42 provides connections
between Highway 61 to Highway 55 and continues westward as a major east-west
arterial through Dakota County.
This portion of County Road 42 serves as a gateway corridor into Hastings, and as
such, features a transition of speed limits from 55 mph on the west end to 30 mph at the
east end of the corridor. Average Annual Daily Traffic (AADT) in the corridor ranges
between 2,200 (on the west) and 5,200 (on the east). This portion of Hastings is
relatively stable in terms of development, with well-established residential areas and
features Allina Health United Hospital in the middle of the corridor. There is potential for
additional development growth at the west end of the corridor, but new large-scale
residential development is not anticipated to occur in this decade.
This subject segment of County Road 42 is a continuous two-lane corridor which
features multiple bypass lanes in the westbound direction, allowing motorists to pass by
left-turning vehicles at key intersections or access points along the corridor. West of
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County Road 42 (Nininger Road) Corridor Study
2
Pleasant Drive, there are several direct access driveways along the north side of
County Road 42
Trails and sidewalks along County Road 42
provide travel paths for pedestrians and
bicyclists. However, some gaps in the
sidewalk/trail system do exist, most notably on
the north side of County Road 42 between
approximately 2nd Street and Riverdale
Boulevard. These gaps in the pedestrian network
become magnified due to the presence of a
valued regional trail resource in this corridor – the
Mississippi River Greenway (MRG). The MRG
includes over 25 miles of paved trail running from
St. Paul to Hastings, a portion of which runs
concurrent with the study corridor from Lock
Boulevard to just west of Pleasant Drive, where
the trail turns toward the Mississippi River and the
Lock and Dam. The MRG supports more than
400,000 annual trail users. This segment of the
MRG in our study corridor requires two crossings of County Road 42 and is
representative of the issues that have created a need for this study.
The purpose of the study is to identify solutions that will improve pedestrian and bicyclist
safety while helping to create a multi-modal corridor vision that can accommodate long-
term development and changing mobility demands in Hastings and on County Road 42.
Study Process
The CSAH 42 Corridor study began with data collection to evaluate the existing
conditions. Data collection activities included traffic counts for turning movements, daily
volume, and speed. Additional studies were conducted for contaminated properties,
wetlands, and geotechnical conditions. The information gathered was used to identify
existing issues and concerns of the road and shoulders, drainage and environmental
features, traffic safety and operations, and pedestrian and bicyclist accommodations.
The context of the corridor is urban/suburban residential and institutional, with roadway
frontage consisting of single occupancy homes and apartments, as well as the Allina
Health – Regina Hospital and the Benedictine Living Community – Regina assisted
living facilities.
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County Road 42 (Nininger Road) Corridor Study
3
Existing Traffic Conditions
Traffic counts were conducted over the 13-hour period of 6:00AM to 7:00PM on
Thursday, September 28, 2023. Findings from the count included the following
observations:
Daily traffic volumes in the corridor range from just over 2,000 vehicles per day
(vpd) on the west end at Lock Boulevard, to over 5,000 on the east end near
River Street.
First Street and Pleasant Drive are relatively high-volume local streets
connecting to County Road 42, with over 1,600 and almost 1,500 vpd
respectively.
Peak hours of traffic operations were identified for the morning (7:00-8:00AM)
and afternoon (4:15-5:15PM); the afternoon peak hour shows slightly higher
volumes than the morning peak.
Analysis of turning movements through the corridor reveals the importance of
westbound left-turn movements at both First Street and Pleasant Drive. While
counts were not collected for the access locations for the health care facilities
along County Road 42, these locations can be interpreted as key destinations as
well.
Some of the local residential roads like Madison show small numbers of left turn
movements on to or from County Road 42, with turns often in the low single digits
during the peak hour.
Speed Study
This corridor’s position at the edge of Hastings presents an opportunity to evaluate
traffic speed conditions for potential safety and operations concerns. From west to east
through the corridor, the posted speed limit transitions from 55 miles per hour (mph)
west of Lock Boulevard, to 45 mph east of Lock Boulevard, and then to 30 mph just
west of 1st Street.
A common measure for traffic speed performance on a roadway is to count the speed at
which 85% of all vehicles driving through the location are at or below that speed. The
following observations for traffic speed were made for 85th percentile and average
(mean) speed at three locations in the corridor:
Between Lock Boulevard and Riverdale Drive: 85th percentile speed = 51 mph;
Average speed = 45 mph
West of Pleasant Drive at the MRG Trail intersection: 85th percentile speed = 49
mph; Average speed = 42 mph
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County Road 42 (Nininger Road) Corridor Study
4
Between 1st and 2nd Streets: 85th percentile speed = 39 mph; Average speed =
34 mph
The observed speeds for this one day of data collection indicate that average speeds
are generally close to the posted speed limits but that there may be a tendency to travel
at speeds slightly above the posted limits. Several factors may contribute to these
conditions, and it would be difficult to pinpoint specific reasons for this performance.
However, given the interest for safe and comfortable pedestrian accommodations, the
speed data suggest improvements that help calm traffic through the corridor may be
appropriate.
Safety
Historical crash data from the most recently available 10 years (2014-2023) was
gathered. Analysis of crash severity was completed to determine the intersections with
high safety concerns. In this period there were 14 crashes along the corridor, 70% of
which resulted in no apparent injury. The majority of crashes were clustered between 1st
St and River St, including the lone serious injury crash that occurred in the corridor. This
cluster of crashes is near a curve in County Road 42. One other crash had a “non-
incapacitating” injury, and two other crashes identified a “possible injury.” The remaining
ten crashes over this ten-year period did not involve an injury.
Public Engagement – Initial Input
In the first phase of engagement, community members were presented with existing
conditions data and a blank corridor layout created by the study team. The intent was
for the Project management Team (PMT) to collect feedback from the community and
users that frequent the corridor and the recreational assets from Lock Boulevard to Pine
Street. The feedback directly impacted the concept development in the next phase of
the project.
Open House #1
The first open house for this
project took place on January
23rd, 2024, from 5:00-7:00 PM.
The meeting was held at the
Hastings YMCA, in the multi-
purpose room. Approximately
30 people attended the open
house. 9 participants competed
the project survey, participants
also submitted 18 comments on
the concept roll plot map as well
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County Road 42 (Nininger Road) Corridor Study
5
as in-person feedback that was then documented by the PMT. Following the open
house an online survey and comment map was made available from January 22nd –
February 15th for participants to provide feedback.
City Council Meeting
Following the open house, Dakota County gave a presentation on the project and public
engagement efforts to date at the April 15th, 2024 Hastings City Council meeting.
Dakota County provided information on the project background, purpose and need,
summarized the data collection and work to date, and stood for questions on the
project. Preliminary project alternatives were also shared and discussed with the
Council and City staff. Follow-up questions and reactions to the presentation were
generally positive, with some clarification requested on turn lane evaluations, potential
project costs, and timelines.
Key Issues and Concerns
Whether it was during the in-person open house or through online engagement the
prevailing feedback was that speed should be reduced throughout the corridor,
particularly in the west half of the CSAH 42/Nininger Road from Pleasant St to Lock
Blvd. There was a general concern about the lack of visible and obvious pedestrian and
bicycle crossings on CSAH 42. The presence of curves on both ends of the corridor, in
addition to the downhill grade on the east end (shown below), created concerns about
line of sight and visibility for all road users. The lack of comfortable crossings has further
augmented the sense of disconnect for the trail and sidewalk network that is a valuable
resource for the community.
Evaluation Criteria
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County Road 42 (Nininger Road) Corridor Study
6
At the conclusion of the data collection and initial stakeholder engagement, the PMT
established key criteria to develop and evaluate alternatives. The evaluation criteria
were used to compare each corridor alternative and ensure that proposed
improvements address the corridor needs. The following evaluation criteria were
developed:
Trail Continuity, Gaps, and Design – considerations about an overall concern with
the availability of trails in the corridor, the need for crossing County Road 42,
width of sidewalks or trails as an indicator of user experience
Speed Reduction and Motorist Experience – evaluate the potential for proposed
improvements to reduce speed in the corridor, while also creating a comfortable
driving environment with visibility of corridor users
Social and Natural Environment – general concern for maintaining natural
resources and valuable community connections
Constructability, Maintenance, and Cost – considerations for ability to construct
cost-effective improvements that will have long-lasting value and can be
maintained effectively through all seasons
Alternatives Development
Following the 1st Open House, the project team conducted an internal workshop to
generate an initial range of alternatives for consideration. The alternatives were
evaluated during PMT meetings and refined prior to the second Open House in May
2024. The evaluation criteria and stakeholder engagement feedback shaped the
concept development for the corridor and were instrumental in forming a set of four
alternatives. This set of alternatives collectively represented a range of timeframes for
potential implementation and associated construction costs. The corridor concepts were
evaluated against the established criteria. Each of the alternatives built on elements of
the last, until the 4th represented the most complete alternative that could be
implemented as part of the long-term vision for the corridor. All four alternatives were
later presented at the second public open house to gather feedback on the design
elements that were determined to be variable through the evaluation process.
Public Engagement – Feedback on Alternatives
In the second phase of engagement, community members were presented with four
recommended alternatives, developed with the comments and feedback received in the
first phase of public engagement. The intent was for the PMT to collect feedback from
the community on the developed alternatives. The feedback directly impacted the
development of these alternatives in the next phase of the project.
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County Road 42 (Nininger Road) Corridor Study
7
Open House #2 (May 2024)
The second open house for this
project took place on Monday May
6th, 2024, from 4:30–6:30 PM. The
public meeting was held in the
Hastings YMCA Multi-Purpose
Room, approximately 30 people
attended the open house. Following
the open house an online comment
map was made available from May
5th – May 17th on the project
website for participants to provide
additional feedback.
Recommended Alternatives
Following the second open house meeting the recommended alternatives were
reviewed in light of feedback received from the public, the evaluation criteria, and also
the ability to implement each alternative, with a priority focus on determining an option
that is available for short-term implementation (for example, it could be built with
minimal obstacles within the next 3-5 years). A key early determination during this
evaluation was to no longer consider Alternative 2 – Pedestrian Medians as a viable
short-term option. This was in response to concerns surrounding the long-term
developmental impact of the medians, in favor of the pedestrian bump outs shown in
Alternative 1 which were seen as more in line with the long-term goals for the corridor
and more easily implemented without foregoing other potential improvements
throughout the corridor and on adjacent city streets.
Priority (Short-Term) Improvements
Alternative 1 represents the short-term vision for priority improvements to this corridor.
The main emphasis of this alternative is the implementation of four Bump Outs along
the corridor to ensure pedestrian safety at existing gaps between trail infrastructure.
Current conditions lead to pedestrians and bicyclists taking risky, dangerous crossings
but the Bump Outs would create infrastructure designed to allow them to cross safely.
Alternative 1 received positive feedback during Open House #2 given it is easy, cost-
effective and timely to implement, as well as fitting into the Long-Term vision for the
corridor.
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County Road 42 (Nininger Road) Corridor Study
8
Opportunistic Improvements
Opportunistic improvements to Alternative 1 offer potential low cost and/or minimal
design and approval concepts that further augment the study corridor objectives.
Notable features with these opportunistic improvements include the westward extension
of trail along the south side of County Road 42 to Lock Blvd and the conversion of
existing sidewalk east of Pleasant Drive into a wider multi-use trail. Along with extending
the trail east of River Street to Pine Street, these changes would effectively create a
continuous trail along the south side of County Road 42 through the entire study
corridor.
Mid-Term Improvements
Alternative 3 expands upon the proposed improvements in Alternative 1, representing
Mid-Term opportunistic improvements to the corridor. The main proposed improvements
are the proposed on-street dedicated bike lanes along CSAH 42 where trail gaps are
evident. Proposed bike lanes would take the place of existing bypass lanes that pose
potential risk to multimodal transit users along the corridor. Other features dedicated to
pedestrian and bicyclist safety include speed control curb extensions, new sidewalks,
pedestrian bump outs, concrete medians for speed control, as well as re-routing
sections of the multi-use trail.
Long-Term Corridor Vision Potential
Alternative 4 represents a potential Long-Term vision for the corridor, incorporating
elements from the other alternatives and expending to incorporate new features that
may be appropriate as corridor travel demands changes. While this alternative attempts
represent a holistic vision for pedestrian and bike safety improvements and mobility
along the corridor, it would require several years of project development and approvals
See Appendix A for
depictions of the
Recommended
Priority
Improvements for
County Road 42
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County Road 42 (Nininger Road) Corridor Study
9
in order to be fully built. Most notably this alternative includes 2 roundabouts, one at
Lock Boulevard and one at Pleasant Drive. This vision includes the incorporation of
medians that act as traffic calming devices in place of the curb bump outs that have
been shown in short-term improvement recommendations.
Perhaps more importantly for this longer-term vision, the corridor is envisioned has
having multi-use trails on both sides of County Road 42. This ultimate build out would
most effectively address the demand for continuous trails and minimizing the need for
crossing County Road 42. A substantial obstacle to this sort of build out is the presence
of cemeteries on either side of County Road 42. With property lines adjecent to the
corridor, the risk of impact to cemeteries means any such construction project would
need to clearly avoid those parcels.
A combination of improvements such as these depicted in Alternative 4 would require
substantial public engagement and agency coordination and approvals before being
built. Such a process would likely result in variations from the improvements shown as
more design considerations, operational impacts, maintenance needs, and public
feedback are weighed.
Recommended Preliminary Design for Corridor Improvements
Within the design decisions and refinements described above, Dakota County and the
City of Hastings accept the preliminary geometric proposal for the County Road 42
corridor improvement project. This layout will be the culmination of planning and
engagement efforts between Dakota County and the City of Hastings.
Implementation Plan
Corridor Improvements Timeline
Dakota County is currently drafting its five-year construction program to identify when
improvements to this corridor may be implemented. The alternatives represent a range
of potential implementation timelines, where Alternative 1 could be implemented in the
near term whereas Alternative 4 would require several years of project development and
approvals (including further public engagement) to be fully built.
The project is being incorporated into the 2025 Dakota County Transportation CIP for
advancement of final design and right of way acquisition for construction in 2027 in
advance of a pavement preservation project on the corridor in 2028. The final design
will incorporate the improvements identified in the recommended alternative, as well as
other requisite ADA infrastructure improvements along CSAH 42. Implementation of the
opportunistic improvements will be predicated on the availability of funding and right of
way needs in the corridor.
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County Road 42 (Nininger Road) Corridor Study
10
Mississippi River Greenway (MRG) Improvements & Timeline
As part of this study, Dakota County has evaluated options for Mississippi River
Greenway improvements off of the CSAH 42 right of way. A preliminary design
assessment of the trail north of CSAH 42 down to the Lock and Dam #2 embankment
was carried out in conjunction with the corridor study to assess the ability for
improvements to this critical non-motorized trail connection which traverses the
Mississippi River valley. The current alignment and profile of the trail segment poses
safety and accessibility concerns for trail users due to tight curves, awkward trail
intersections, narrow width, poor pavement condition, and slopes in excess of the
desired 5% maximum running slope on the Dakota County Greenway system. The
preliminary design found that improvements sufficient to bring the trail segment up to
Dakota County Greenway standards are feasible within land currently controlled by the
City of Hastings and Dakota County with no need for property acquisition.
A full reconstruction of the trail alignment and profile from just north of CSAH 42 down to
the Lock and Dam #2 embankment is proposed, along with a resurfacing of the trail
segments not fully reconstructed on the embankment and up to the trail connection with
CSAH 42. This reconstruction will address concerns about pavement condition, improve
curves, sight lines, and trail intersections, and reduce the maximum running slope of the
trail to 5% or less. This will fulfill the goals of improving rideability and accessibility of the
trail segment. A reconstruction and pavement management project will be immediately
advanced to final design and incorporated into the 2025 Dakota County Parks CIP for
construction as early as 2025.
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Supporting Documents
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County Road 42 (Nininger Road) Corridor Study
1
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County Road 42 (Nininger Road) Corridor Study
2
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County Road 42 (Nininger Road) Corridor Study
3
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County Road 42 (Nininger Road) Corridor Study
4
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County Road 42 (Nininger Road) Corridor Study
5
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County Road 42 (Nininger Road) Corridor Study
6
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County Road 42 (Nininger Road) Corridor Study
7
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County Road 42 (Nininger Road) Corridor Study
8
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County Road 42 (Nininger Road) Corridor Study
9
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County Road 42 (Nininger Road) Corridor Study
10
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County Road 42 (Nininger Road) Corridor Study
11
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County Road 42 (Nininger Road) Corridor Study
12
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City Council Memorandum
To: Mayor Fasbender and City Council
From: Lindsey Duggan, Community Development Intern
Date: August 19, 2024
Item: Special Use Permit – Cannabis Retail Sales – Norma Pacheco (Ace Liquor) – 1355 South
Frontage Rd
Council Action Requested:
Adopt the attached resolution granting a Special Use Permit (SUP) for cannabis retail sales for
Norma Pacheco (Ace Liquor) on property located at 1355 South Frontage Rd, owned by Ein
Karem Properties LLC. A separate cannabis licensing permit is scheduled for consideration
under the Administration section of the City Council Agenda.
SUP approval requires six of seven Councilmembers.
Advisory Commission Review:
The Planning Commission voted 7-0 to recommend approval of the request as presented at the
August 19, 2024 meeting. No one spoke for or against the item during the public hearing.
Attachments:
Resolution – SUP
Planning Commission Staff Report – August 12, 2024
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING
A SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS PRODUCTS AT
1355 SOUTH FRONTAGE ROAD FOR NORMA PACHECO (ACE LIQUOR)
WHEREAS, Norma Pacheco has applied for a Special Use Permit for the retail sales of
cannabis products at Ace Liquor. The property is owned by Ein Karem Properties LLC and
generally located at 1355 South Frontage Rd. It is legally described as Lot 1, Block 2 all in
WESTVIEW SHOPPING CENTER 2ND ADDITION, Dakota County, Minnesota; and
WHEREAS, on August 12, 2024 the Hastings Planning Commission held a public hearing
and recommended approval of the action as presented; and
WHEREAS, the City Council reviewed the request and concurs with the recommendation
of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the action as presented to the City Council subject to the
following conditions:
1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
3) The Special Use Permit shall be limited to the leasable space currently occupied by Ace
Liquors and shall not be valid for remaining portions of the property.
4) Approval is subject to a one-year Sunset Clause; if operation does not commence within
one year of City Council approval, the approval is null and void.
Adopted by the Hastings City Council on August 19, 2024, by the following vote:
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ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
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STATE OF MINNESOTA ) City of Hastings
) ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings,
Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the
Resolution with the original on file in my office and the same is a full, true and
complete copy thereof.
WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this
____ day of 20 .
.
Kelly Murtaugh, City Clerk
SEAL STICKER
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Planning Commission Memorandum
To: Planning Commission
From: Lindsey Duggan, Community Development Intern
Date: August 12, 2024
Item: Public Hearing – Special Use Permit (SUP) – Cannabis Retail Sales – Norma Pacheco
(Ace Liquor) – 1355 South Frontage Rd
REQUEST
The Planning Commission is asked to take the following actions related to the Special Use
Permit (SUP) application of Norma Pacheco to conduct cannabis retail sales at Ace Liquors
located at 1355 South Frontage Rd on property owned by Ein Karem Properties LLC:
1) Hold a public hearing.
2) Review the SUP application and provide a recommendation to City Council.
BACKGROUND INFORMATION
Cannabis Business Regulations
In November 2023, the City adopted Chapter 155.07, Subd. J of the Zoning Code to allow for
Cannabis Businesses. The ordinance outlines performance standards and prohibited acts
pertaining to cannabis. Cannabis sales were added as a Special Use permit in the C-3
Community Regional Commerce and C-4 Regional Shopping Center Districts. The city also
adopted licensing requirements under City Code Chapter 117 that are similar to those adopted in
the zoning code.
Cannabis Business License
An application for a cannabis business license has been submitted along with the SUP
application and will be considered by the City Council in conjunction with action on the SUP.
Notification and Public Hearing
Notification of the request was mailed to all property owners within 350 feet. Staff has not
received any comments at this time.
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Comprehensive Plan Classification
The 2040 Comprehensive Plan designates the property as Commercial. The proposed use is
consistent with the plan.
Zoning Classification
The property is C-4 –Regional Shopping Center. The C-4 District allows for cannabis retailers
as a special use.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North South Frontage Rd
- McDonalds
- Farmers Insurance
- Wells Fargo
- Auto Doctor
- Speedway
C-4 Commercial
East Former Hastings Theater C-4 Commercial
South Medium-High Density
Residence
R-3 Residential
West Public Land R-1 Residential
Existing Condition
Ace Liquors is a small business in the Westview Shopping Center and has been in operation for a
number of years. They do have a tobacco license and staff is not aware of any compliancy issues.
SPECIAL USE PERMIT REVIEW
Background
Hastings City Code Chapter 155.32, Subd. C.6 – allows cannabis retailers and edible retailers as
a “special use” within the C-4 Zoning District, subject to the requirements of 155.07, Subd. J as
follows:
2. Performance Standards.
a. A cannabis business shall only operate in an authorized zoning district with
approved State and local license or registration.
b. Any person selling or distributing cannabis products shall require proof of age by
means of government issued photographic identification from the prospective
purchaser showing purchaser is twenty-one (21) years old or older.
c. Signage identifying the legal sales age and the age verification requirement shall
be posted at the point of sale. The required signage shall be posted in a manner so
that it is clearly visible to anyone who is considering or making a purchase. The
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sign shall provide notice that all persons responsible for selling these products
must verify the age of any person under thirty (30) years of age, by means of
photographic identification required in this section, containing the bearer's date of
birth.
d. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
e. No sales or distribution of intoxicating cannabis products shall be allowed at the
licensed premises after 10:00 p.m. or before 8:00 a.m.
f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis
products or cannabis related devices by any means whereby a customer has access
to such items without having to request the item from the retailer or the retailer's
employee. There shall be a physical exchange of the intoxicating cannabis product
or cannabis-related devices between the retailer or the retailer's employee and the
customer. All intoxicating cannabis products and cannabis-related devices shall be
either store behind a counter or other area not freely accessible to customers, or in
a storage unit or case not open and accessible to the general public.
g. All retail establishments of intoxicating cannabis products shall have a security
plan approved by the Police Chief stating how the facility will address public
health, welfare and safety concerns including, but not limited to security, fencing,
lighting, window coverings, door placement, and landscaping.
h. Compliance Checks and Inspections
All licensed premises must be open to inspection by the local law enforcement or
other authorized City officials during regular business hours. From time to time,
but at least once per year, the City will conduct compliance checks on Retailers
and Edible Retailers of intoxicating cannabis products by engaging persons
between the ages of seventeen (17) and twenty-one (21) years, to enter the
licensed premises to attempt to purchase intoxicating cannabis products. Persons
used for compliance checks are not guilty of the unlawful purchase or attempted
purchase, nor the unlawful possession of intoxicating cannabis products when the
items are obtained or attempted to be obtained as a part of the compliance check.
No person used in compliance checks may attempt to use a false identification
misrepresenting the person's age, and all persons lawfully engaged in a
compliance check may answer all questions about the person's age asked by the
retailer or his or her employee and shall produce any identification, if any exists,
for which he or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training purposes,
or required for the enforcement of a particular State or Federal law.
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.
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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) 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 packaging 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.
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.
j. No sampling or free donation 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.
Analysis
Cannabis sales are allowed as a special use within C-4 zoning district. Operational license
to be considered by City Council.
The above are also part of the annual licensing requirements. The Hastings Police
Department has approved the security plan for the facility and the business is subject to
periodic review by the Hastings Police Department.
Special Use Permit Requirements
Special Use Permit review is outlined in Chapter 30.02, Subd. E.2.b.5 of the City Code and
subject to adherence to the following (staff analysis appears in red)
1. Ingress and egress to property and proposed structures thereon with particular reference to
automotive and pedestrian safety and convenient traffic flow and control, and access in
case of fire or catastrophe; Ingress and egress to the property will be unchanged. The sale
of cannabis products on site will not require changes to ingress and egress.
2. Off-street parking and loading areas where required, with particular attention to division
(E)(2)(b)5. a. above, and the economic, noise, glare, or odor effects of the special use on
adjoining properties and properties generally in the district; Parking and loading is
adequate, and the proposed use will not require changes. The property is surrounded by
other commercial uses as well as a large parking lot.
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3. Refuse and service areas, with particular reference to items divisions (E)(2)(b)5.a. and
(E)(2)(b)5. b. above; The sale of cannabis products will not increase the need for refuse
areas.
4. Utilities, with reference to locations, availability, and compatibility; Utility service is
adequate and will not change with cannabis sales.
5. Screening and buffering with reference to type, dimensions, and character; Screening and
buffering is adequate and will not change with cannabis sales.
6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic
effect, and compatibility and harmony with properties in the district; Staff is not aware of
any changes to signage.
7. Required yards and other open space; Yards and open space are unchanged.
8. General compatibility with adjacent properties and other properties in the district. Property
abuts mostly commercially zoned properties.
Recommendation
Approval of the Special Use Permit is recommended subject to the following requirements:
5) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office.
6) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter
155.07, Subd. J – Cannabis Businesses.
Attachments
Location Map
Site Picture
Application
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LOCATION MAP
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Site Pictures
Looking South from the front store parking lot
Looking east from the front store parking lot
Looking South from the front store parking
lot
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To: Mayor Fasbender and Hastings City Council
From: Lindsey Duggan, Community Development Intern
Date: August 19, 2024
Item: Downtown Parking Analysis
City Council
Memorandum
COMMISSION ACTION REQUESTED
Staff will present an analysis of existing Downtown Parking conditions at the meeting for review
and discussion.
BACKGROUND
Purpose
The parking analysis was conducted to determine the following:
An updated inventory of available public and private parking.
Parking usage during various time periods and days of the week.
Areas of higher concentration of use.
Recent development’s effect on parking utilization.
Changes in utilization and to the study area since previous downtown parking studies
conducted in 2017, 2021, and 2023.
Study Area
The research area is a span of 20 blocks, with the Mississippi River to the north, the Canadian
Pacific Railroad to the east, 5th Street to the south, and Eddy Street to the west, while including
the relatively new Confluence Hotel parking lot.
Please see Figure 1: Study Area
Zoning
Within the Study area most commercial, residential, and mixed occupancy buildings are zoned
either C-3 (Community Regional Commerce), or DC (Downtown Core). Most single-family
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residential areas are zoned R-2 (Single Family Residential) while higher density residential areas
are zoned R-4 (High Density Residence) and RMU (Residential Mixed Use). This area also
includes a small area zoned as I-1 (Industrial).
Please see Figure 2: Zoning Districts
History
Similar parking studies have been executed in previous years. In 2017, John Hinzman the
Community Development Director completed a research study, and it concluded that the
downtown parking supply has not reached saturation to a point where no parking is available.
Grady Timmerman and Madelyn Swanson, previous community development interns,
completed two more studies in 2021 and in 2023 and their findings provided evidence that led
them to the same conclusions.
Prior research revealed underutilization of parking, or that parking is frequently accessible and
often open, except in very few specific locations downtown. According to the study's findings,
parking seemed to be available in Downtown Hastings during both peak and regular hours.
Downtown parking has not been used to its full potential. Additionally, it was determined that
existing buildings can be transformed into bars, taverns, and restaurants without significantly
straining the available parking spaces.
EXISTING CONDITIONS
Parking Supply
There are 1,558 parking spaces withing the study area. This includes on and off-street parking as
well as parking lots but excludes residential driveway spaces. The public parking supply is 1,012
spaces, and the private parking supply is 546 spaces.
Please see Figure 3: Existing Parking Supply
Since 2023 the study area has been redesigned in a few ways:
Added parking spaces to study area: (128 Spaces total)
o Caring Hands Massage – 5th & Vermillion: 7 Spaces
o 5th – Vermillion to Sibley: 14 Spaces
o Confluence – Front Lot – 2nd Street: 4 Spaces
o Artspace Parking Lot: 58 Spaces
o Lake Isabel Flats Parking: 45 Spaces
Removed Parking Spaces from study area: (Total 26)
o Alley – N of Country Nites: 7 Spaces
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o West Side Vermillion – 3rd to 2nd: 8 Spaces
o 4th – Bailly to Tyler: 11 Spaces
Existing Land Use
The study area includes a variety of land uses common to a historic downtown, such as
warehouse and office space, restaurants, retail, residential, and industrial. These uses are often
mixed within the same buildings. Many downtown buildings rely on on-street parking and
adjacent public lots to accommodate the needs of their customers, residents, and employees
rather than having separate off-street parking spaces.
This area contains approximately 536,165 square feet of commercial space and 255 apartment
units. The is about 870,956 Square Feet in total. Specific land uses are as follows: (Please see
figure 4: Land uses and intensity in a block-by-block breakdown)
Downtown Land Uses
Office & Events 187,663 sq ft
Retail & Service 126,332 sq ft
Restaurant & Bar 61,195 sq ft
Warehouse 186,847 sq ft
Apartment 255 Units
Provided Parking & Requirements
The City of Hastings has certain parking requirements under the City Code Chapter 155.09-
Appendix B: Required Number of Spaces. The ordinance outlines the amount of spaces needed
per square feet of a certain land use. A simplified version includes:
Use Units/s. f. In Study
Area
Parking
Requirements
Required Parking
Residential 255 2 spaces per Unit 510
Retail 126,332 1 space per 200 s.f. 632
Office/Event 187,663 1 space per 300 s.f. 626
Restaurant 61,195 1 space per 50 s.f. 1224
Warehouse 186,847 1 space per 1000 s.f. 186
The total required parking for the study area is 3,178 parking spaces while we only provide
1,558 parking spaces. This shows that about 49% of the required parking is provided.
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PARKING UTILIZATION
Methodology
Parking occupancy was surveyed 17 times between May 13th and August 6th to determine
utilization. Surveys were conducted during various time periods and days of the week as
follows:
Time Period # of Surveys Average Parking %
Weekdays (M-F) BEFORE 12pm 7 505.2 32%
Weekdays (M-F) AFTER 12pm 8 532.5 34%
Weekends 2 514.5 33%
Overall Parking Utilization
Figure 5 identifies the average parking utilization during all surveys conducted. Overall
parking utilization provides a basis for determining instances of higher demand of certain
parking areas. Areas where parking utilization was 50% or above were concentrated along 2nd
Street and the adjoining parking streets and parking lots within one block of 2nd Street and
include:
o 4th – Verm to Sibley
o 2nd – Eddy to Verm
o Parking Lot Under the Bridge
Overall Parking Utlization
700
594
600 571 579
505 524 515 515 535 551 535 544
500 482 491 488 481 450 465
400
300
200
100
0
Dates & Times
# of
Sp
a
c
e
s
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o American Legion South
o Block 3 – Levee Park Main
o Sibley – North of 2nd
o 2nd – Verm to Sibley
o 2nd – Sibley to Ramsey
o Ramsey – North of 2nd
o Tyler – 2nd to 1st
o Ramsey – 2nd to 3rd
o Olivers Grove South
o Sibley – 2nd to 3rd
o City Hall Parking Lot
Parking Utilization on Weekdays (M-F) Before 12pm
Figure 6 shows the average parking utilization on weekdays before 12pm. Higher concentrations
of parking (50% and above) were found in the following areas:
o Parking Lot Under the Bridge
o Block 3 – Levee Park Main
o Sibley – North of 2nd
o Ramsey – North of 2nd
o Ramsey – 2nd to 3rd
o Olivers Grove South
o Sibley – 2nd to 3rd
o 3rd – Sibley to Ramsey
o City Hall Parking Lot
o Mississippi Terrace
Parking Utilization on Weekdays (M-F) After 12pm
Figure 7 identifies the average parking utilization on weekdays after 12pm. Higher
concentrations of parking (50% and above) were found in the following areas:
o 4th – Verm to Sibley
o 2nd – Eddy to Verm
o Parking Lot Under the Bridge
o American Legion South
o Block 3 – Levee Park Main
o Sibley – North of 2nd
o 2nd – Verm to Sibley
o 2nd – Sibley to Ramsey
o Ramsey – 2nd to 3rd
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o Olivers Grove South
o Sibley – 2nd to 3rd
o City Hall Parking Lot
Parking Utilization on Weekends
Overall parking utilization on the weekends is most comparable to weekdays after 12pm. The
weekend utilization has an average of 33% of spaces being full while weekdays after 12pm have
a 34% average. Weekends appear to have some similar places with higher concentrations, but
there are also some distinct areas with higher and lower concentrations, including: (Please see
figure 8: Weekend Utilization)
Areas With Higher Weekend Utilization
o 4th – Verm to Sibley
o Downtown Tire and Auto
o Confluence – Lower Deck
o 2nd – Eddy to Verm
o Parking Lot Under Bridge
o Block 3 – Levee Park Main
o Block 3 Alley
o Sibley – North of 2nd
o 2nd – Verm to Sibley
o Sibley – 2nd to 3rd
o East Side Verm – 2nd to 3rd
Areas With Lower Weekend Utilization
o 4th – Verm to Eddy
o EDS Dental (Former Wells Fargo) 4th & Verm
o 5th – Verm to Eddy
o Eddy – 5th to 4th
o EDS (Former Wells Fargo) – Eddy
o Parking Lots – NE 4th & Eddy
o Health Solutions Center
o 3rd Street – Tyler to Ramsey
o 220 Ramsey St
o Police & Building Parking Lot
o Century Link
o Carlson Financial
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Utilization of Popular Downtown Parking Areas
Parking utilization of the top 10 most popular downtown parking areas are as follows:
PARKING AREA
SP
A
C
E
S
MA
X
.
US
A
G
E
AV
E
R
A
G
E
BE
F
O
R
E
12
P
M
AV
E
R
A
G
E
AF
T
E
R
12
P
M
AV
E
R
A
G
E
WE
E
K
E
N
D
OV
E
R
A
L
L
%
#1 Sibley Street North of
2nd 7 8 5.6 5.4 6.5 80%
#2 Parking Lot Under TH
61 Bridge 43 41 30.6 33.5 36 72%
#3 City Hall Parking Lot 62 55 46.9 47 29.5 75%
#4 Block 3- Levee Park
Main 108 86 73.9 75.9 73 69%
#5 4th – Vermillion to
Sibley 15 15 9.9 9.5 11.5 66%
#6 Sibley Street – 2nd to
3rd 17 17 11 10.8 15.5 64%
#7 2nd – Vermillion to
Sibley 20 20 12 15 14.5 60%
#8 2nd – Eddy to vermillion 18 17 10.5 11.8 12 59%
#9 Confluence Ramp –
Lower Deck 34 20 9.5 10.2 19 32%
#10 Red Rock Parking Lot 100 43 32.6 30.9 20 30%
Please see figure 9: Popular Downtown Parking Areas
ANALYSIS
2023 Versus 2024
From 2023 to 2024, the existing parking supply increased from 1,456 to 1,558 parking spaces.
Out of the new parking space total 1,012 of those parking spaces are public and 546 are private.
The cause for this increase in parking supply is due to new developments and areas studied. In
2024, the overall average parking utilization was 32%, roughly equivalent to 519 parking spaces.
This is comparable to the 32.95% utilization reported in 2023, indicating that the average
number of utilized spaces has remained relatively stable. Additionally, the data reveals an
increase in downtown parking, with several lots showing utilization rates of 50% or more. The
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increase in available spaces over the past year has facilitated downtown parking growth while
keeping the overall average utilization consistent. In 2024, the category with the highest
utilization shifted from weekdays between 8 AM and 2 PM to weekdays (Monday through
Friday) after 12 PM. Overall, it is evident that many areas of the downtown parking supply
remain underutilized.
Effects of Recent Developments
Since the 2023 study, the area has undergone several revisions and redesigns, including the
construction of new developments such as the Lake Isabelle Flats. These changes have
influenced the supply, demand, and utilization of downtown parking. For instance, the updated
mapping eliminated parking spaces on 4th Street (Bailly to Tyler), West Side Vermillion (3rd to
2nd Street), and the Alley north of Country Nites, resulting in a loss of 26 spots.
In contrast, new parking areas were added, including Caring Hands Massage on 5th Street and
Vermillion, 5th Street (Vermillion to Sibley), the front lot at The Confluence on 2nd Street, the
recently constructed Artspace Parking Lot, the gravel lot just north of Artspace, and the parking
lot at the Lake Isabelle Flats.
In 2023, the number of parking spaces was reduced from 1,500 to 1,465 due to residential and
commercial expansion. Despite this reduction, the parking data remains close to the 2021
figures, indicating continued underutilization. The revised route introduced 128 new parking
spaces, 114 of which are private and 14 are public, bringing the total to 1,558 spaces in 2024.
Currently, about 68% of these spaces are still underutilized.
The newly constructed Lake Isabelle Flat’s impact on downtown’s parking demand and
utilization was analyzed and was found to have a minimal effect on the surrounding area as it
provided on-site parking for its tenants. This compares to the data collected in 2021 with the
newly constructed Artspace Lofts and its impact back then. The Artspace Loft’s only utilized 42%
of its spaces in 2021 and it has decreased to a 36% utilization in 2024. The Lake Isabell Flats
have similarly underutilized its parking with only a 12% use in average. Nonetheless, future
development projects that are presently being considered within the study region may benefit
from the data from these two significant developments. This is a crucial finding for developers
trying to navigate around the Downtown Core's mandate that each dwelling unit must have two
parking spaces.
2021 Versus 2023
From 2021 to 2023, the existing parking supply decreased from 1,500 to 1,456 spaces. This can
be contributed to new developments and redevelopments, like Lake Isabel Flats and Spiral Pizza,
removing parking spaces to contribute to residential and commercial expansion. These goals
align with the 2040 Comprehensive Plan to provide more high-density housing and expanding
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opportunities for businesses. 1,007 of those parking spaces are public and 420 are private. That
is a decrease of 62 public parking spaces and 11 private parking spaces. Average parking
utilization for all times and days of the week surveyed in 2021 was 31.3% or 469.5 spaces.
Compare that to 2023, which saw an average utilization rate of 32.95% and 470 spaces. The
highest utilized category switched from weekdays after 5pm in 2021 to weekdays from 8am-
2pm in 2023. Since the study conducted in 2021, the Confluence has built a private parking lot,
Spiral Pizza has removed its Vermillion Street parking in favor of outdoor dining space and Lake
Isabel Flats removed the public parking spots from the former UBC lots. All of which have had
an impact on downtown’s parking supply, demand, and utilization. (Madelyn Swanson, 2023)
2017 Versus 2021
From 2017 to 2021, the existing parking supply increased from 1,378 to 1,500 available parking
spaces. 1,069 of those parking spaces are public and 431 are private. That is an increase of 84
public parking spaces and 38 private parking spaces. Average parking utilization for all times and
days of the week surveyed in 2021 was 31.3% or 469.5 spaces. Compare that to 2017 which saw
an average utilization rate of 28.9% and 398.6 spaces. That equates to about a 17.8% increase
during that 4-year time period. The data also found an increase in the number of areas that
exceeded the 75% utilization threshold. This is especially true in the 4-block area bounded to
the west by Highway 61, to the south by 3rd Street, to the east by Ramsey Street, and to the
north by Levee Park. With as many as five locations within that area surpassing the threshold
compared to only one in 2017. The highest utilized category also switched from weekdays 9am
to 5pm in 2017 to weekdays after 5pm in 2021. Since the study conducted in 2017, a parking
ramp has been constructed, parklets have been installed, Artspace Lofts was completed, Levee
Park improvements were made, and Confluence continued its redevelopment of Hudson
Manufacturing. All of which have had an impact on downtown’s parking supply, demand, and
utilization. (Grady Timmerman, 2021)
PROXIMITY OF PARKING TO STOREFRONTS
Downtown Vs. Wal-Mart
Figure 10 overlays Wal-Mart Hastings and its related parking onto the downtown area to show
the proximity of parking to storefronts. The distance between Wal-Mart parking and areas
within the store are comparable to a one or two block walk within the downtown area. Most
individuals tolerate the Wal-Mart distance to parking without question.
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City of Hastings Downtown Parking Study
Figure 1: Study Area
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Zoning Districts
C-3
DC
I-1
R-2
RMU
R-4
Figure 2: Zoning Districts
References = Zoning Map & Previous Maps from John Hinzman and Grady Zimmerman
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62
12
108
6
16
7
9
4
4
4
18 20 35 36
100
7
11 18 18
13 15 14 16
22
8 7
14
20 14
Figure 3: Existing Parking Supply
6 2 58
19
13
8 1
12
3
8 13
14 14
References = Study Area Map created by John Hinzman & Previous existing parking maps created
60
8
14
12
100
23
16
41
Total Parking = 1,558 Spaces
Private = 546
Public = 1012
16
16
20
16
45
20
18
6
21 20
17
15
70
43
19 12
24
20
15
10
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Land Use
Restaurant & Bar
Residential
Retail & Service
Warehouse
Office & Event
Figure 4: Land Use & Intensity
References = Dakota County GIS & previous land use map from Grady Z.
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References = Study Area Map from J. H. & Previously created maps from
Figure 5: Existing Overall Parking Utilization
References = Study Area Map from J. H. & Previously created maps from J.H. and G.Z.
Utilization of Parking Spaces
0 – 25% Utilization
25 – 50% Utilization
50 – 75% Utilization
75 – 100% Utilization
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References = Study Area Map from J. H. & Previously created maps from
Figure 6: Existing Parking Utilization – Weekdays before 12pm
References = Study Area Map from J. H. & Previously created maps from J.H. and G.Z.
Utilization of Parking Spaces
0 – 25% Utilization
25 – 50% Utilization
50 – 75% Utilization
75 – 100% Utilization
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Utilization of Parking Spaces
0 – 25% Utilization
25 – 50% Utilization
50 – 75% Utilization
75 – 100% Utilization
Figure 7: Existing Parking Utilization – Weekdays after 12pm
References = Study Area Map from J. H. & Previously created maps from J.H. and G.Z.
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Utilization of Parking Spaces
0 – 25% Utilization
25 – 50% Utilization
50 – 75% Utilization
75 – 100% Utilization
Figure 8: Existing Parking Utilization - Weekends
References = Study Area Map from J. H. & Previously created maps from J.H. and G.Z.
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8 7
9
6
10
3
Figure 9: Popular Downtown Parking Areas
5
1
4
2
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Figure 10: Proximity to Parking – Downtown VS. Wal-Mart
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: August 19, 2024
Item: Approve New Cannabis Product Retail License for Upward Solutions LLC dba ACE
Liquor
Council Action Requested:
Approve the attached resolution approving a new Cannabis Product Retail License for Upward Solutions
LLC dba ACE Liquor, 1355 South Frontage Road, Suite 333.
Background Information:
The City has received and reviewed an application for a new Cannabis Product Retail License for Upward
Solutions LLC dba ACE Liquor, 1355 South Frontage Road, Suite 333. Currently, this license allows for
the sale of adult-use cannabinoid or cannabis products containing 0.3% or less of THC.
Approval and issuance of the license are contingent upon the submittal of all required documents, fees,
successful completion of a criminal history background investigation by the Hastings Police Department,
and a security plan approved by the Police Chief.
Financial Impact:
The associated fees have been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
X-E-01
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION __________
APPROVING A NEW CANNABIS PRODUCT RETAIL LICENSE
FOR UPWARD SOLUTIONS LLC DBA ACE LIQUOR, 1355 SOUTH FRONTAGE ROAD,
SUITE 333
WHEREAS, the City has received and reviewed an application for a new Upward Solutions LLC
dba ACE Liquor, 1355 South Frontage Road, Suite 333; and
WHEREAS, approval and issuance of the license are contingent upon the submittal of all
required documents, fees, successful completion of a criminal history background investigation by the
Hastings Police Department, and a security plan approved by the Police Chief.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the
Cannabis Product Retail License for Upward Solutions LLC dba ACE Liquor, 1355 South Frontage
Road, Suite 333 is approved, unless revoked by City Council.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 19TH DAY OF
AUGUST, 2024.
ATTEST:
______________________________ _______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
X-E-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: August 19, 2024
Item: Consider New Cannabis Product Retail License for Westview Smokes, 1355 South Frontage
Road, Suite 420
Council Action Requested:
Consider the attached resolution approving a new Cannabis Product Retail License for Westview Smokes,
1355 South Frontage Road, Suite 420.
Background Information:
The City has received and reviewed an application for a new Cannabis Product Retail License for
Westview Smokes, 1355 South Frontage Road, Suite 420. Currently, this license allows for the sale of
adult-use cannabinoid or cannabis products containing 0.3% or less of THC.
Approval and issuance of the license are contingent upon the submittal of all required documents, fees,
successful completion of a criminal history background investigation by the Hastings Police Department,
and a security plan approved by the Police Chief.
Compliance Overview:
Westview Smokes - 1355 South Frontage Rd, 420 Hastings MN
• 6/18/2024 - Violation of Hastings City Ord 117.03 Misdemeanor Sell THC Product without a
City License
• In May of 2023, the Minnesota Department of Revenue notified the City that they had recently
seized cigarette and/or tobacco products as contraband under Minnesota Statute 297F.21. Please
see attached letter for additional information.
Financial Impact:
The associated fees have been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Minnesota Department of Revenue Seized Cigarette/Tobacco Product Notification
• Resolution
X-E-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION __________
APPROVING A NEW CANNABIS PRODUCT RETAIL LICENSE
FOR WESTVIEW SMOKES, 1355 SOUTH FRONTAGE ROAD, SUITE 420
WHEREAS, the City has received and reviewed an application for a new Westview Smokes,
1355 South Frontage Road, Suite 420; and
WHEREAS, approval and issuance of the license are contingent upon the submittal of all
required documents, fees, successful completion of a criminal history background investigation by the
Hastings Police Department, and a security plan approved by the Police Chief.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the
Cannabis Product Retail License for Westview Smokes, 1355 South Frontage Road, Suite 420 is
approved, unless revoked by City Council.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 19TH DAY OF
AUGUST, 2024.
ATTEST:
______________________________ _______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
X-E-02
X-E-02
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: August 19, 2024
Item: Consider New Cannabis Product Retail License for Hastings Tobacco 1, 1769 Market Blvd
Council Action Requested:
Consider the attached resolution approving a new Cannabis Product Retail License for Hastings Tobacco
1, 1769 Market Blvd.
Background Information:
The City has received and reviewed an application for a new Cannabis Product Retail License for
Hastings Tobacco 1, 1769 Market Blvd. Currently, this license allows for the sale of adult-use
cannabinoid or cannabis products containing 0.3% or less of THC.
Approval and issuance of the license are contingent upon the submittal of all required documents, fees,
successful completion of a criminal history background investigation by the Hastings Police Department,
and a security plan approved by the Police Chief.
Compliance Overview:
Hastings Tobacco 1 – 1769 Market Blvd, Hastings MN
• 6/18/2024 – Violation of Hastings City Ord 117.03 Misdemeanor Sell THC Product w/o License
• 8/25/2020 – Potential ordinance violation check for selling paraphernalia. Located items of
paraphernalia for sale - advised to remove. Follow up on 9/3/2020 – items of paraphernalia not
removed and again advised to remove them. *While at store, officer witnessed a sale of tobacco
to minor (see *9/3/2020 below) Follow up on 9/8/2020 – all items had been removed.
• *9/3/2020 – Violation of MSS 609.685.1a(a) - Sale of Tobacco to Children Under 21 Years of
Age
• 04/06/2020 – Investigated anonymous complaint the business is open in violation of Governor’s
Executive Order re: Covid-19 pandemic. Was advised to close. While at store, Officer observed
an open bar area where customers use vaping and/or tobacco products. Officer advised this is in
violation of MN Clean Air Act and City Ordinance, if this were to continue when open, and
advised on signage and cordoning off bar area.
• 11/23/2016 – Violation of MSS 609.685.1a(a) Sale of Tobacco to Children Under 21 Years of
Age, and MSS 609.506.1 Give False Name to Police Officer
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• 4/1/2011 – Assist other Agency (MN Revenue Agent). While on scene HPD located and
confiscated several packets/containers of synthetic marijuana
• 7/27/2010 – Compliance Check – Violation of Hastings City Ord 130.16 Drug
Paraphernalia. (Search Warrant conducted and approximately 1,000 items of paraphernalia
confiscated and destroyed)
Financial Impact:
The associated fees have been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
X-E-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION __________
APPROVING A NEW CANNABIS PRODUCT RETAIL LICENSE
FOR HASTINGS TOBACCO 1, 1769 MARKET BLVD.
WHEREAS, the City has received and reviewed an application for a new Hastings Tobacco 1,
1769 Market Blvd.; and
WHEREAS, approval and issuance of the license are contingent upon the submittal of all
required documents, fees, successful completion of a criminal history background investigation by the
Hastings Police Department, and a security plan approved by the Police Chief.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the
Cannabis Product Retail License for Hastings Tobacco 1, 1769 Market Blvd. is approved, unless revoked
by City Council.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 19TH DAY OF
AUGUST, 2024.
ATTEST:
______________________________ _______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
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