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Home My WebLink About20240903 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Tuesday, September 3, 2024 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Promotions and New Employees Sawyer Jackson Brandon Lubinski V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on August 19, 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. Approve Special Event Designation – Fall Market Festival 3. Approve Amendment to Development Agreement – Heritage Ridge 3rd Addition 4. Authorize Signature – Sanitary Sewer Service Repair Request – 218 18th Street W 5. Authorize Signature – Water Service Repair Request – 527 Tiffany Drive 6. Authorize Signature – School Resource Officer and Traffic Control Agent Program Agreement IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Continue: Public Hearing: Special Use Permit – Cannabis – Hastings Tobacco 1 (1769 Market Blvd) a. Table: Resolution: Special Use Permit – Cannabis – Hastings Tobacco 1 (1769 Market Blvd) Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy b. Table: Resolution: Cannabis Retail Sales License for 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. Receive Update on Water Treatment Plant Siting Study 2. Resolution of Intent to Participate – MnDOT Highway 55 Signal Replacements Project S.P. 1910-57, Pleasant Drive and Westview Drive Intersections 3. Approve Industrial Park Water Tower Plans and Specifications with Exception to the Prevailing Wage Policy and Authorize Advertisement for Bids B. Parks and Recreation C. Community Development D. Public Safety 1. Special Vehicles on City Streets E. Administration 1. Resolution: Approve Preliminary 2025 City Property Tax Levy, Preliminary Budget, and Setting Truth in Taxation Hearing 2. Resolution: Approve Proposed 2025 HEDRA – HRA Special Tax Levy 3. PFAS Update XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, September 16, 2024 7:00 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 Hastings, Minnesota City Council Meeting Minutes August 19, 2024 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 19, 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 Community Development Director John Hinzman Community Development Intern Lindsey Duggan Assistant City Engineer John Caven Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council special meeting on July 22, 2024 and regular meeting on August 5, 2024. Minutes were approved as presented. Council Items to be Considered Motion to add Joint Powers Agreement with the DNR for repair of the boat launch to the Consent Agenda. Councilmember Pemble motioned to add the Joint Powers Agreement to the Consent Agenda, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. Consent Agenda Councilmember Fox motioned to approve the Consent Agenda, seconded by Councilmember Haus. 7 Ayes, 0 Nays. 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 No. 08-04-24: 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 No. 08-05-24: Accept Donations for the 2024 National Night Out Lions Park Neighborhood Celebration 9. Resolution No. 08-06-24: Approve Fund Closures 10. Approve Revised Purchasing Policy 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 11. Resolution No. 08-07-24: 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 15. Approve Joint Powers Agreement – Minnesota Department of Natural Resources - Public Water Access Public Hearing\Resolution No. 08-08-24: Special Use Permit – Cannabis – Westview Smokes (1355 South Frontage Rd) Duggan provided a summary of the request for a Special Use Permit to allow Cannabis Retail Sales at Westview Smokes at 1355 South Frontage Rd. The Zoning Code outlines performance standards and prohibited acts pertaining to Cannabis. Duggan provided a summary of the Planning Commission review and shared Special Use Permit approvals require six of seven Councilmembers. Council discussion on dissenting vote representing the non-compliance in selling without a license. Clarification on cannabis and edibles differentiation and how that prepares for the state law changes coming in 2025. Hinzman indicated the Special Use Permit would allow for both uses and that additional discussion around new cannabis laws will be held at a future City Council Workshop. Mayor Fasbender opened the public hearing at: 7:07 p.m. Mayor Fasbender closed the public hearing at: 7:07 p.m. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. Public Hearing\Resolution No. 08-09-24: Special Use Permit – Cannabis – Hastings Tobacco 1 (1769 Market Blvd) Clarification is needed and applicant has waived the 60 Day Rule for a decision. Council made a motion to continue the public hearing and special use permit resolution, as well as the associated cannabis retail sales license until the City Council’s meeting on September 3. Councilmember Pemble motioned to approve continuation as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. Resolution No. 08-10-24: CSAH 42 Corridor Study Recommended Scope of Improvements – Dakota County Dakota County representative Bryce LeBrun provided an overview of the study and feedback from open houses and corridor data. The study area is CR 42/Nininger/2nd Street from Lock Blvd to Spring St. Preliminary recommendations include curb extensions at intersections, add dedicated left turn lanes, and evaluate right turn lanes. Evaluate signing, striping, and lighting improvements. There are potential trail improvements being considered through expansion of existing trails or additions where there is no trail. Construction anticipated in 2027 and mill and overlay tentatively slated for 2028. Part of the project would be 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 cost share between the County and the City. Mississippi Greenway trail does not meet County greenway standards and improvements are anticipated for 2025. Council discussion on the Greenway safety of cyclists and walkers coming down the hill with sharp turns. LeBrun indicated that there will be efforts to ease the slope and open sight lines for safer navigation of the path and possible signage. Council expressed concern about vehicle speeds of motorists coming into the City and potential solutions. Council expressed appreciation for the information and the effort put into each aspect of the project. Council posed questions regarding the length of time that the trails will be closed and encouraged the County to collaborate with the City’s Arts & Culture Commission and keep the public appraised of any updates. Commissioner Slavik indicated that the County Arts Commission is looking at art installment related to Greenway development. Slavik shared the trail originally was a City asset but has shifted to become part of the County Greenway project, putting the funding on the County as a regional asset. Councilmember Haus motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. Resolution No. 08-11-24: Special Use Permit – Cannabis – ACE Liquor (1355 South Frontage Rd) Duggan provided a summary of the request for a Special Use Permit to allow Cannabis Retail Sales at ACE Liquor at 1355 South Frontage Road. The Zoning Code outlines performance standards and prohibited acts pertaining to Cannabis. Duggan provided a summary of the Planning Commission review and shared Special Use Permit approvals require six of seven Councilmembers. No Council discussion. Councilmember Haus motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Downtown Parking Report Duggan provided a summary of the Downtown Parking Report. Duggan provided map visuals to create distinct areas for the study. The goal was to continue calculating the average usage of parking spots in the downtown area. Duggan highlighted the changes since the 2023 study. Council discussion on the value of the analysis of parking use and availability in downtown Hastings, as well as appreciation for the presentation. The Wal-Mart property overlay on the downtown area provided a helpful visual. Council expressed appreciation to the work put in to the study and presentation. Council discussion on the utilization comparison to cities of similar size and how the availability of parking in the downtown area could be communicated. Council discussion on the qualitative addition to the study that may look at other variables of defining who is parking in the areas, as overnight residents, visitors to the downtown. Council discussion on the study helping understand the true availability of parking. Resolution No. 08-12-24: Approve New Cannabis Retail Sales License for ACE Liquor Murtaugh reviewed the application for a new Cannabis Retail Sales License for Upward Solutions, LLC doing business as ACE Liquor. The license would allow for the sale of adult-use cannabis products 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 containing 0.3% or less of THC. ACE Liquor has met all the requirements to be issued the license, including an approved security plan. No Council discussion. Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Resolution No. 08-13-24: Approve New Cannabis Retail Sales License for Westview Smokes Murtaugh reviewed the application for a new Cannabis Retail Sales License for Westview Smokes, 1355 South Frontage Road. The license would allow for the sale of adult-use cannabis products containing 0.3% or less of THC. Westview Smokes has met all the requirements to be issued the license, including an approved security plan. No Council discussion. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. Resolution: Approve New Cannabis Retail Sales License for Hastings Tobacco 1 Clarification is needed and applicant has waived the 60 Day Rule for a decision. Council made a motion to continue the public hearing and special use permit resolution, as well as the associated cannabis retail sales license until the City Council’s meeting on September 3. See item IX Awarding of Contracts and Public Hearing, #2. Announcements • Thank you to the City of Red Wing and the Red Wing Fire Department of use of an engine last week when we had apparatus in the shop. This kind of inter-department collaboration helps keep our communities safe. Thank you. • Happy Birthday next week to Councilmember Fox. • Summer Rec Programs at Levee Park o Wednesday, Aug 21, Storytime in the Park with the theme “Jungle.” A partnership with Pleasant Hill Library. o Thursday, Aug 22, Music in the Park with “BOB, The Music of Bob Dylan – Tribute to Bob Dylan.” Supported by the Ruth and George Doffing Charitable Fund. o Thursday, Aug 29, Music in the Park with “Steam Machine – Old Time and Bluegrass.” Supported by the Ruth and George Doffing Charitable Fund. • Makers Market will be in Levee Park on Thursday, August 22. 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 “Double Down Daredevils” on August 25. Sponsored by Merchants Bank. • Rec + Art + Police is Wednesday, Aug 28, at Vermillion Falls Park with choice art, a DJ, and contests. 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. 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 Offices will be closed Monday, September 2, in observation of Labor Day. Meetings • Heritage Preservation Commission Meeting on Tuesday, August 20, 2024 at 7:00 p.m. • Parks and Recreation Commission Meeting on Wednesday, August 21, 2024 at 6:00 p.m. - Cancelled • Finance Committee Budget Meeting on Wednesday, August 21, 2024 at 7:00 p.m. • Parks and Recreation Committee Meeting on Monday, August 26, 2024 at 7:00 p.m. • Planning Commission Meeting on Monday, August 26, 2024 at 7:00 p.m. • HEDRA Meeting on Tuesday, August 27, 2024 at 6:00 p.m. • City Council Budget Workshop on Tuesday, September 3, 2024 at 5:30 p.m. • City Council Regular Meeting on Tuesday, September 3, 2024 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 8:02 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: 08/29/2024 Item: Disbursements Council Action Requested: Staff requests: Council review of July 2024 CC payments. Council review of weekly routine disbursements issued 08/27/2024. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 09/04/2024. 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 CC Payments $ 19,285.80 Disbursement checks, EFT issued on 08/27/2024 $ 237,108.52 Disbursement checks, EFT to be issued on 09/04/2024 $ 327,883.05 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 Vendor AmountAccount Description Wal-Mart #1472 39.64 201-4101-6217.0000 general supplies Wm Supercenter #1472 14.01 101-2010-6217.0000 Bed Bug Spray for squad Amazon Mktpl Rv68k64p2 17.90 101-3200-6353.0000 Antenna for back up camera Menards Cottage Grove 92.76 200-4440-6228.0000 Lumber for shelters Walgreens #5048 50.60 101-2010-6219.0000 Stock First Aid kit at PD Impark00200149u 15.00 213-2100-6325.0000 Parking Amazon Mar 113-378065 29.73 101-2301-6240.0000 N95 masksImpark00200149u 15.00 213-2100-6325.0000 ParkingTst Caffeinated Roost 60.53 200-4440-6214.0000 food for band U Of M Contlearning Ol 650.00 407-1502-6323.0000 Business Retention and Expansion Course - MenkeAmazon Mktpl Rj2420d91 249.99 101-2020-6450.0000 Weight Bench from SPSC budget Menards Cottage Grove 54.46 101-1404-6353.0000 brass fittings, copper tubing and LED Lights The Lifeguard Store, I 120.00 201-4240-6218.0000 whistles Amzn Mktp US Rj1xm6iy2 279.00 101-2020-6450.0000 Kettle Bells from SPSC budget Wal-Mart #1472 259.88 200-4420-6214.0000 Bags League AwardsHarbor Freight Tools 6 71.84 101-1404-6353.0000 Grease gun replacements and chisel setHarbor Freight Tools 6 23.48 101-1401-6217.0000 Grease gun replacements and chisel setWal-Mart #1472 317.79 213-2100-6217.0000 Station suppliesUnited/Nasseff/Childre 4.00 101-2010-6217.0000 parking fee 61 Marine And Sports 157.15 213-2100-6221.0000 Parts for Boat 1 Vmo Vimeo.Com -156.00 101-1601-6310.0000 Refund for unwanted Venmo subscription Dugarels 50.00 200-4420-6214.0000 Wiffleball Awards Cub Foods #1635 89.97 201-4240-6254.0000 cakes for b-daysWm Supercenter #1472 141.93 101-2010-6217.0000 Food and beverage for Rivertown DaysIn Torin Inc., 52.50 101-3200-6353.0000 Front panel for the jackLock & Dam Eatery 52.00 200-4420-6214.0000 Wiffleball AwardsM&h #30 15.37 213-2100-6212.0000 Fuel for UTV Chipotle 0782 50.00 200-4420-6214.0000 Wiffleball Awards Bound Tree Medical Llc 25.53 201-4240-6219.0000 bandaids Wal-Mart #1472 170.51 201-4101-6217.0000 general supplies Att Bill Payment 49.74 101-1601-6321.0000 cell phone Lower Town Parking 8.00 213-2100-6325.0000 ParkingMontague Metal Product 413.20 210-1702-6217.0000 Heritage Home Plaque - Heritage Preservation Commission AwardsCub Foods #1635 34.99 201-4240-6254.0000 donuts for b-dayAmazon Mktpl Rs7a20qu1 61.95 200-4440-6494.0000 supplies for rec+art+PDLowes #02313 78.14 200-4440-6356.0000 Garbage bags Bulk Bookstore 194.50 201-4101-6217.0000 books for Parent child participants Ebay O 25-11817-05658 14.95 101-1601-6217.0000 5x usb/usbc wall chargers for PD Vmo Vimeo.Com 84.00 101-1601-6310.0000 Was charged for a plan may not need to house city videos. In process for requesting more information Lighthouse Motorsports 1,569.69 213-2100-6354.0000 Repair to Boat 1Fmcsa D&a Clearinghous 1.25 101-1052-6307.0000 Annual QueryDepartment Of Labor An 964.51 101-0000-2015.0000 June Bldg Permit SurchargeVmo Vimeo.Com 156.00 101-1601-6310.0000 Was charged for a plan we don't need. Am in the process of getting a refund. Ebay O 23-11818-94450 2.99 101-1601-6217.0000 iphone wireless charger for PD Fmcsa D&a Clearinghous 25.00 101-1052-6307.0000 Annual Query Iapmo 100.00 101-1401-6323.0000 RPZ Retest Blackhawk Supply 312.87 101-1404-6353.0000 actuator Nte 5410 20.99 101-1404-6353.0000 moving blanket and dollyAmazon Mktpl Rs5w32jq1 63.10 101-1601-6217.0000 3x screen protectors and cases for PD iphonesBatteries Plus - #0032 50.30 220-4603-6353.0000 Fire and security panelThe Paper Boy 260.00 101-1073-6433.0000 Annual subscriptions of the Hastings Journal for five City officesJersey Mikes 24044 110.40 101-1021-6450.0000 City Council Workshop 7/15/2024 Amazon Mktpl Rs6gl1mh0 46.78 201-4240-6201.0000 toner for printer Shred Right 18.85 101-1052-6310.0000 monthly shredding service Usps Po 2642300046 5.70 101-2010-6322.0000 Mailed urine sample kit related to a DUI arrest to the MN BCA. Spotify 12.96 200-4440-6433.0000 music for events Black & Decker Srv #66 19.54 101-3200-6353.0000 Air FilterAmzn Mktp US Rs9eg7fm1 24.23 101-1072-6217.0000 Election Judge Name tagsApplied Ind Tech 2309 163.13 101-3200-6353.0000 HubWm Supercenter #1472 -22.71 101-1404-6353.0000 Credit from Walmart for camera, LOST RECEIPTComcast Cable Comm 84.90 101-1601-6308.0000 Cable Hometown Ace Hardware 2.04 101-2010-6217.0000 Squad laptop mount bolts Eig Constantcontact.Co 58.90 101-1601-6310.0000 Monthly billing charges for e-communications tool. Amazon Mktpl Ry8if65l2 69.90 213-2100-6221.0000 Chargers for pagers Hometown Ace Hardware 1.31 101-2010-6217.0000 Squad Laptop mount boltsAmazon Mktpl Rs30u84n0 104.97 200-4420-6214.0000 Wiffleball EquipmentThe Star Tribune Circu 197.08 101-1073-6433.0000 Annual Star Tribune online subscription. Amazon Mktpl Ry4yz86m2 103.45 213-2100-6217.0000 supplies for stationAmazon Mar 113-439257 65.64 101-1401-6217.0000 Camera, Coils, Batteries Amazon Mar 113-439257 28.50 101-1404-6353.0000 Camera, Coils, Batteries Amazon Mktpl Ry8ar9ud1 49.78 101-1401-6217.0000 ear and eye protection Amazon.Com Rs3ff1lq0 46.98 101-1601-6353.0000 Replaced failed RAM, hdmi cable At-A-Glance Us 35.68 600-3300-6217.0000 2025 Desk Calendar - John CavenAmzn Mktp US Ry7v37gt2 18.80 200-4440-6353.0000 sprayer partAmzn Mktp US Ry54w6a12 148.98 200-4440-6450.0000 Tennis Court RollersHometown Ace Hardware 47.41 101-2010-6217.0000 Electrical Adaptor for MC1Speedway 04174 20.01 101-2010-6212.0000 Trip to Germantown and back for background investigation Amzn Mktp US Ry5ph2mn0 203.36 213-2100-6217.0000 foam coffee cups Amzn Mktp US Ry9ma7lj1 461.85 200-4420-6214.0000 Wiffleball Equipment Terry S Hardware 5.49 200-4440-6217.0000 Zip Ties Amazon Mktpl Ry48i20n0 189.99 101-1601-6217.0000 4TB hard drive for PD computer Arch And Cable Hotel 417.52 200-4440-6323.0000 conference stay for MRPA Patagonia Direct Inc. 596.85 213-2200-6217.0000 Waist packsAmzn Mktp US Ry9dg9352 65.09 213-2100-6336.0000 Fire Apparatus Driver booksArch And Cable Hotel 142.85 200-4440-6323.0000 MRPA conference stay Post Board Service Fee 1.94 101-2010-6433.0000 POST license for Ofc. Terry Kuhn - service fee Kwik Trip #249 24.86 101-2010-6217.0000 Propane for grill at PD State Of Mn Post Board 90.00 101-2010-6433.0000 POST license for Ofc. Terry Kuhn Credit Card Payments July 20024 VIII-01 Amzn Mktp US Ry57v13e0 177.96 213-2100-6336.0000 Fire officer booksAmazon Mktpl R727e8i71 639.28 101-1404-6353.0000 De humidifier for basement Amazon Mktpl R78er12w2 16.98 101-1401-6217.0000 Key Tags Wm Supercenter #1472 100.88 213-2100-6211.0000 station cleaning supplies Fmcsa D&a Clearinghous 1.25 101-1052-6307.0000 Pre-Employment Query Usps Po 2642300046 5.70 101-2010-6322.0000 evidence to BCA The Ups Store 4008 15.11 101-2010-6206.0000 spiral bound fto manualsUsps Po 2642300046 5.70 101-2010-6322.0000 evidence to BCACheckr, Inc Checkr.Com 92.50 101-1052-6307.0000 June invoicesAmazon Mktpl Ry90k34a0 54.89 101-1401-6217.0000 Memory card and readerStokes Pharmacy 69.26 101-2219-6231.0000 Stokes Medication Streichers Mpls 385.21 101-2010-6218.0000 Kline, Ryan uniform allowance tourniquet holder, holster mount for tourniquet holder, flashlights Amzn Mktp US R77by2jo1 10.74 101-1406-6353.0000 Batteries for faucets Amzn Mktp US R77by2jo1 10.74 101-1403-6353.0000 Batteries for faucets Amzn Mktp US R77by2jo1 10.74 101-1402-6353.0000 Batteries for faucets Amzn Mktp US R77by2jo1 10.77 101-1404-6353.0000 Batteries for faucets Breezy Point Resort In 590.00 101-1401-6323.0000 Conference for MNCEGEbay O 01-11779-71612 21.99 101-1601-6353.0000 PD Chief office UPS replacement batteriesAxon 80.10 101-2010-6218.0000 Taser 7 Holster - LH Samsclub.Com 56.94 600-3300-6217.0000 Coffee Wm Supercenter #1472 22.71 101-1404-6353.0000 camera Axon 31.30 101-2010-6218.0000 Gorney, Karter Uniform Allowance - BWC holder Deepnet Security 116.00 101-1601-6217.0000 MFA Hardware TokensAmazon.Com R771h6ec0 33.25 201-4101-6217.0000 batteries and signMinnesota Assoc Of Gov 40.00 101-1073-6323.0000 Northern Lights Awards Ceremony LuncheonMinnesota Assoc Of Gov 120.00 101-1073-6323.0000 Northern Lights Awards Ceremony for John Townsend, Shawn Francis and Kerie FrancisTennis Sanitation 120.08 101-4501-6311.0000 recycle/garbage Guardian Supply 379.36 101-2010-6218.0000 Kline,Ryan -uniform shirts, notebook, multi tool, radio ear piece. handcuff cases, knife, range Peerless Network Inc 337.84 101-1601-6321.0000 phone In Marie Ridgeway Lic 420.00 101-2010-6311.0000 Yearly check-n (Gorney, Running); officer therapy session Dominos 1967 227.86 200-4440-6214.0000 Safety Camp Food Hotel Indigo Rochester 352.02 101-1021-6323.0000 LMC Conference - VihrachoffHotel Indigo Rochester 352.02 101-1021-6323.0000 LMC Conference - PembleDakota County Mn 43.25 101-2020-6450.0000 Wellness PrizesHotel Indigo Rochester 352.02 101-1021-6323.0000 LMC Conference - LawrenceHotel Indigo Rochester 352.02 101-1021-6323.0000 LMC Conference - Fasbender United Promotions 686.60 200-4440-6214.0000 Safety Camp Shirts The Ups Store 4008 25.83 213-2100-6322.0000 Postage to ship radio headset for repair Cub Foods #1635 29.99 201-4240-6254.0000 cake for birthday Amzn Mktp US Rc2la6hi2 355.90 213-2100-6336.0000 3 Fire & Emergency Services Instructor books and 2 Fire Apparatus Driver/Operator booksHotel Indigo Rochester 352.02 101-1021-6323.0000 LMC Conference - LeifeldAmazon Mktpl Rc9mv1sx1 28.93 101-1403-6353.0000 door stopsAmazon Mktpl Rc9mv1sx1 28.93 101-1406-6353.0000 door stopsAmazon Mktpl Rc9mv1sx1 29.11 101-1404-6353.0000 door stops Wal-Mart #1472 7.54 200-4440-6214.0000 Safety Camp Food Amazon Mktpl Rc1lj7b72 139.28 213-2100-6336.0000 2 Fire App Driver/Operator Books Amzn Mktp US Rc9ew6p22 271.92 213-2100-6336.0000 4 Fire and Emergency Services Instructor books Facebk Msd96647p2 331.50 101-1073-6331.0000 Facebook and Instagram ads for Make Music Day and Levee Park programsWm Supercenter #1472 3.92 200-4440-6214.0000 Safety Camp SuppliesWm Supercenter #1472 107.04 200-4440-6214.0000 Safety Camp FoodCenturylink Lumen 87.07 101-1601-6321.0000 911 Service TOTAL 19,285.80 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 VIII-01 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: September 3, 2024 Item: Special Event Designation – DBA Fall Market Festival Council Action Requested: Designate the Fall Market Festival coordinated by the Downtown Business Association (DBA) on Saturday, September 21st, 10:00 a.m. – 5:00 p.m. Background Information: DBA is requesting to hold a Fall Market Festival on 2nd Street East, Oliver’s Grove Park, and Ramsey Street on Saturday, September 21, 2024, from 10:00 a.m. – 5:00 p.m. This is a free event and open to the public. DBA expects 500 attendees. Activities include shopping, art events, and a DJ. This event layout is like 2023, with the addition of 4 food trucks on Ramsey St. parked in parking spots with order windows facing the sidewalk. City Staff are supportive of the event with the following conditions: • Event volunteers must properly sign all parking lots and streets utilized: o 'No Parking' signage posted 24 hours in advance on 2nd Street East at 201, 202, 212, 213 and 216 addresses. 2nd Street East road will remain open. o ‘No Parking’ sign posted 24 hours in advance on Ramsey Street next to Oliver’s Grove Park for food trucks. o 'No Parking' signage posted 72 hours in advance within Oliver’s Grove Parking lot for seasonal makers. • Event organizers are responsible for the placement and removal of signage. • Tent or additional “structures” used will need to be anchored with weights. • Event organizer to provide a Certificate of Insurance, listing the City of Hastings as additionally insured. • All vendors must obtain proper permits or licenses from the Deputy City Clerk. Vendors must submit their applications at least 10 business days in advance of the event. • 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: VIII-02 This event, although requesting designation as a Special Event, will also be subject to a Park Rental Fee a form submitted by the City’s fee schedule for exclusive use of areas. • Oliver’s Grove Park Rental – $50.00 (tax exempt) Advisory Commission Discussion: n/a Council Committee Discussion: n/a Attachments: ▪ DBA Mainstreet Market - Special Event Permit Application ▪ DBA Mainstreet Market – Map VIII-02 Special Event Permit Application Page 1 of 10 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 VIII-02 Special Event Permit Application Page 2 of 10 Organization Information (if applicable) Organization: Primary Phone Number: Website Address: Event Organizer Name and Title: Mailing Address: Primary Phone Number: Email Address: On-Site Contact: Primary Phone Number: Email Address: General Event Information Event Name: Type of Event: Race/Run/Walk Downtown Event Concert/Performance Fundraiser Other: ______________________________________________________________________________ Event Description in Detail: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Is this an annual event? ______ Yes _____ No Is this a multi-day event? ______ Yes _____ No Event Start Date: _________________________ Event End Date: ____________________________ Is the event open to the public or private? Public Private VIII-02 Special Event Permit Application Page 3 of 10 Is there an admission fee? ______ Yes ______ No What is the anticipated attendance? What was the previous year’s attendance? Where will the event be located? ___________________________________________________________________________________________ ___________________________________________________________________________________________ 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: ____________ Tear Down: _____________ Event Set-Up Date: __________________________ Event Set-Up Time: __________ to ___________ Event Start Date: ____________________________ Event Start Time: _______________ Event End Date: ____________________________ Event End Time: _______________ Event Tear Down Date: ______________________ Event Tear Down Time: _________ to __________ Staging Details The following items will be used at the event (please mark all that apply): Amplified Sound / Music / Live Entertainment Tents/Canopies Stage(s) Parking Details Please describe Public Parking Arrangements for attendees, staff & volunteers. (Please indicate location(s) on Site Plan / Map) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ 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. VIII-02 Special Event Permit Application Page 4 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 Company Name: Contact Phone Number & Email: 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 ______ No 3. Will the event generate food scraps back-of-house (e.g. non-public food-prep areas)? ______ Yes ______ No 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? 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: 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-02 Special Event Permit Application Page 5 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:  Tents and Canopies over 200 square feet  Other _______________________________________________________________________ Event will host the use of:  Fireworks/Pyrotechnics (a firework display permit is required)  Other _______________________________________________________________________ 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:  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. VIII-02 Special Event Permit Application Page 6 of 10 Street Closures 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: _______________ (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: _______________ VIII-02 Special Event Permit Application Page 7 of 10 Barricade Equipment 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.constructionequipme 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.safetysigns- 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 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. VIII-02 Special Event Permit Application Page 8 of 10 Indemnification Agreement Host Organization and/or Event Organizer agree, in consideration of the granting of this application and Special Event Permit for: ___________________________________ to be held on ______________________________________ Event Name Event Date(s) by ___________________________________ of ____________________________________________ 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. _____________________________ __________________________________ Print Name Title ________________________________ ___________________________________ Signature Date VIII-02 Special Event Permit Application Page 9 of 10 Applicant Agreement Please read each statement. Initialing next to each statement indicates your understanding and agreement ot the statement. _____ 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. _____ 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. _____ 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. _____ 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. _____ 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. ________________________________ ________________________________ Print Name Title ________________________________ ________________________________ Signature Date VIII-02 Special Event Permit Application Page 10 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-02 VIII-02 1 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: September 3, 2024 Item: Authorize Signature: 3rd Amendment to Development Agreement - Heritage Ridge 3rd Addition Council Action Requested: Authorize signature of the attached 3rd Amendment to the Development Agreement between the City and Creative Homes for the development of Heritage Ridge 3rd Addition containing 40 lots located at the northwest corner of General Sieben Drive and Fallbrooke Drive. The amendment extends the date for installation of bituminous wear course (final course) after the first course (base course) until October 1, 2025. Approval would be subject to minor modifications by staff. A simple majority is necessary for action. Background Information: The City Council authorized signature of the original agreement on April 18, 2022. Final Plat approval was granted on September 7, 2021 to TC Land, LLC. The assignment of TC Land’s approval to Creative Homes was approved by the Council on February 7, 2022. The City Council authorized signature of the 1st Amendment on May 2, 2022. On August 21, 2023 the Council approved the 2nd Amendment extending the installation of bituminous wear course until October 31, 2024. Financial Impact: The addition of 40 home sites will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: • 3rd Amendment to Development Agreement VIII-03 1 THIRD AMENDMENT TO DEVELOPMENT AGREEMENT THIS THIRD AMENDMENT TO DEVELOPMENT AGREEMENT (this “Third Amendment”) is made and entered into on the day of , 2024 (“Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Creative Home Construction Investments LLC, a Wisconsin limited liability company (“Developer”). RECITALS: WHEREAS, the City and Developer entered into a Development Agreement for the plat of Heritage Ridge 3rd Addition recorded as Document No. 3546022 in the Dakota County Recorder’s Office, as amended by the First Amendment to Development Agreement recorded as Document No. 3546023 in the Dakota County Recorder’s Office, as further amended by the Second Amendment to Development Agreement recorded as Document No. 3604081 (collectively “Development Agreement”), for the real property identified in the Development Agreement; and WHEREAS, the Developer has requested an extension of installing the bituminous wear course; and WHEREAS, the City does not object to the requested extension. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Third Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The entire Development Agreement is hereby incorporated into this Third Amendment, except as modified below. 2. Section 4.5 of the Development Agreement shall be removed and replaced in its entirety as follows: 4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the bituminous wear course of streets after the first course (base course) has VIII-03 2 weathered a winter season, consistent with warranty requirements, but no later than October 1, 2025. A bituminous ramping wedge to protect the concrete lip from snowplow damage shall be installed with the bituminous base course. Prior to paving the bituminous wear course, the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for damage prior to the installation of the bituminous wear course and may require repairs and/or replacement by DEVELOPER depending on the severity of damage. Final acceptance of the required improvements by the CITY will not be granted until all work, including final wear course, is completed. 3. Except as provided for above, the terms and provisions of the Development Agreement shall remain in full force and effect. 4. This Third Amendment and all disputes or controversies arising out of or relating to this Third Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the CITY of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Developer or its successors or assigns, shall be subject to any governmental immunity defenses of the CITY and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 6. This Third Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 7. This Third Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-03 3 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2024, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the said instrument was signed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-03 4 DEVELOPER: CREATIVE HOME CONSTRUCTION INVESTMENTS LLC By: Nicholas R. Hackworthy Its Manager STATE OF _____________________) ) ss. COUNTY OF ) On this _____ day of _____________, 2024, before me a Notary Public within and for said County, personally appeared Nicholas R. Hackworthy to me personally known, who being by me duly sworn, did say that he is the Manager of Creative Home Construction Investments LLC, a Wisconsin limited liability company, the entity named in the foregoing instrument, and that said instrument was signed on behalf of said entity and said Nicholas R. Hackworthy acknowledged said instrument to be the free act and deed of the entity. Notary Public THIS INSTRUMENT DRAFTED BY AND AFTER RECORDING PLEASE RETURN TO: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 (651) 451-1831 VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Sanitary Sewer Service Repair Assessment Request – 218 18th Street West COUNCIL ACTION REQUESTED Aysha DeWitt is requesting the costs associated with a sanitary sewer service line repair at 218 18th Street West be assessed to the afore mentioned property. The City of Hastings will pay the total cost of the repairs upfront in the amount of $6,475.00. Funds from the MCES Private I&I Grant will be applied to cover 50% of the costs of this repair and this reimbursement will be provided to the City. The remaining 50% of the balance the property owner is responsible for of $3,237.50 is being requested for assessment. BACKGROUND INFORMATION Public Works crews were dispatched to 218 18th Street West in response to a sanitary sewer backup. The problem was determined to be in the private sanitary sewer service. The property owner (Aysha DeWitt) and their contractor determined that lining the lateral was a better option than an open excavation. All work was completed on August 8, 2024. ATTACHMENTS •Invoice for Work Completed •Resident Request for Financing •Data Practices Compliance Acknowledgement •Assessment Agreement VIII-04 1 Cody Mathisen, P.E. From:aysha dewitt <ghs1024@gmail.com> Sent:Monday, August 5, 2024 3:00 PM To:Cody Mathisen, P.E. Subject:Re: 214 18th Street Sewer Repair - Financial Assistance through City of Hastings Follow Up Flag:Follow up Flag Status:Completed The contractor that I am using for this sewer pipe repair is Capra's Utilities. I gave the owner (mike Capra your phone number and email. The quote he gave me for the lining was $6,475. I can send you the quote he sent me. I plan to go forward with the city's funding to help me fix this problem. Mike Capra's phone number is 651-248-0707 and his email is mike@capras.com On Fri, Aug 2, 2024 at 4:19 PM Cody Mathisen, P.E. <CMathisen@hastingsmn.gov> wrote: Aysha, Here is some more information on the things that we talked about today: 1. Sewer Service Repair Grant Program – Click here for our webpage that has more information a. We still have funds available that can help pay 50% (up to $5,000 max) of your sewer repair bill b. In order to get half of your repair paid for by the grant all I need from you is i. A photo of proof that your service line is impacted by roots (this can be acquired when the contractor stops by to put the camera in) ii. Fill out the form I have attached here in this email and return it to me 2. Financing for your 50% of costs through the City – See attached a. I will get clarity for you on what step 2 needs to look like where you submit a letter to our public works director b. We will be able to finance the costs that you are responsible for over a 5-year period as an assessment on your property taxes. VIII-04 Capra's LJUlld€G lnc. 2340 Leibel Street White Bear Lake, MN 551 10 US +16517622500 mike@capras.com www.capras.com INVOICE BILL TO City of Hastings Prop€rty owner - Aysha DeWitt 214 18rh Sr W Hastings, MN 55033 -'!il .' : ' S€rvlces Lino the sewer with a Cured ln Place Pipe (CIPP) trom the tront inside wall ol the house to the PVC that is at or near the curb. wewill line several feet into the PVC. Clean, televise and locate the sewer as needed il needed to install ths liner. UV cure the liner. Cut and patch the ,loor as needed to access the piping il needed. There will be no restoration ol any llooring included. S€rvlco6 The total cost ol all license and permit lees charged by the City will be added to the linal invoice. All labor and materialwill be guaranteed lor a period ol 10 years. llany part of the liner should lail within the lirst 10 years Capra's will repair / replace the liner at no cost to the homeowner. Per Minngsota Statute 514.011: a) Any person or company supplying labor or rnatsrials tor this improvorner( to your property may lile a lien aganisi your property if thal peEon or company is not paid lor the contribdions. 1 1ln" psr month charge on past due accounts. BALANCE DUE ,rr\^a)lJN I 6,475.00 $6,475.00 3.5% charge on all Credit Cad Sabs ItwotcE # 7588 DATE 08/08/2024 ouE DATE 08t23t2024 TEBMS Net 15 VIII-04 City of Hasting: Acknowledgment of Compliance with Minresota Government Data Practices Act Every city in Minnesota must comply with the Mimesota Government Data Practices Act (MGDPA), which, in conjunction with other state and federal laws, classifies all govemment data. Govemment data are classified in differ€nt categories depending on whether they are accessible by the public Govemment data means all data collected, created, received, maintained or disseminated by the city regardless of is physical form, storage media or conditions of use. There is a Presumption that govemment data are public and are accessible by the public for inspection and copying unless there is a federal law, state statute or temporary classification of data that provides differently. Utility Service Assessment Reouest When a property owner requests a utility sewice repair be assessed, it is the policy of the City of Hastings to obtain a written request from the property owner for such request and the City Attomey to prepar€ an agreement and waiver of assessment appeal, spelling out the conditions and terms of the assessment and protecting tIrc City from ar assessment apPeal. This wdtten request, and any additional information obtained from a prcperty owner related to the request, may be included in supponing documentation presented to the City Council as backgmund i-nformation for acting on the request. The request, and supporting documentation, whether included in the City Council packet or other City documentation, is classified as public data under MGDPA. I have read and understand that documentation submitted to the City Council may be available and./or released in compliance with MGDPA. zlLbt Datc Name Signature Date S City Staff:Date w VIII-04 1 PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT is made this ____ day of ___________________, 2024, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Aysha Dewitt, a single person (the “Owner”). RECITALS A. The Owner is the fee owners of a parcel located at 214 18th Street W,, in the City of Hastings, Dakota County, Minnesota, legally described as: Lot 6, Block 11, Youngs Addition PID: 19-88150-11-060 Abstract Property (“Subject Property”). B. The City has found that certain repairs to the private water service are required. C. The Owner will cause the construction of the required private water service repairs. D. The Owner has requested that the City assess the costs of construction of the required private water service repairs to serve the Subject Property. E. The Owner acknowledges that the required private water service repairs will benefit the Subject Property. VIII-04 2 NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PRIVATE WATER SERVICE REPAIRS. The Owner will hire and approve a contractor of their choice to construct private water service repairs (“Improvements”) that serve the Subject Property. 2. SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for the water line repairs in return for Owner’s agreement to have the costs assessed against the Subject Property as provided for in this Agreement. The Owners agree to pay one hundred percent (100%) of the cost of the Repairs through the assessment process. The City will assess the Subject Property the following principal amount for the Repairs: $3,237.50 (“Assessment Amount”). The Assessment Amount shall be deemed adopted on the date this Agreement is signed by the City. The Assessment Amount shall be paid over a 5-year period without deferment, together at a rate of 4.36% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the City Council’s approval of this Agreement. The Owners further agree that the Assessment Amount may be exceeded if the increases are a result of requests made by the Owners or otherwise approved by the Owners in a subsequent written document. The first installment shall be due and payable with first half of property taxes in 2025. The Owners further agree that the City can assess an additional $50.00 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. 3. WAIVER OF APPEAL. The Owners hereby authorize the City to certify to the Dakota County Auditor/Property Tax Assessor a special assessment against the Subject Property up to the Assessment Amount. The Owners hereby waive all rights to assessment notices, hearings, appeals, and procedural and substantive objections and all other rights pursuant to Minn. Stat. §429.061, §429.071 and §429.081 for the special assessment against the Subject Property up to the Assessment Amount, including, but not limited to, any claim that the Assessment Amount against the Subject Property exceeds the benefit to the Subject Property for the Improvement. The Owners acknowledge and agree that the benefit of the Improvement to the Subject Property does in fact equal or exceed the Assessment Amount. The Owners also acknowledge and agree that the Subject Property receives a special benefit equal to or exceeding the Assessment Amount. 4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Owners and the Owners’ successors and assigns. This Agreement may be recorded against the title to the subject property. [remainder of page intentionally blank] VIII-04 3 CITY: CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of , 2024, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by and after recording return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-04 4 OWNER: AYSHA DEWITT By: Aysha Dewitt STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of ___________________________________, 2024 by Aysha Dewitt, a single person. Notary Public VIII-04 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Water Service Repair Assessment Request – 527 Tiffany Drive COUNCIL ACTION REQUESTED Jacob Van Meeteren is requesting the costs associated with a water service line repair at 527 Tiffany Drive be assessed to the afore mentioned property. The City of Hastings will pay for the repairs upfront, with all costs being reimbursed through the tax assessment process. The overall cost of the work in this case was $8.000.00. BACKGROUND INFORMATION The property owner (Jacob Van Meeteren) observed water leaking in his yard and contacted public works to investigate the issue. The problem was determined to be in the private water service line. The property owner and their contractor determined that the service line required excavation and replacement to repair the leak. All work was completed on August 6, 2024. ATTACHMENTS  Invoice for Work Completed  Resident Request for Financing  Data Practices Compliance Acknowledgement  Assessment Agreement VIII-05 Bauer Services of Welch, LLC Aaron Bauer 26469 130th Ave DATE:August 6, 2024 Welch, MN 55089 FOR:Van Meeteren 651-246-9153 INVOICE #08062024-6155 bauerservices@hotmail.com Jake Van Meeteren City of Hastings 527 Tiffany Drive Attn: Joe Spagnoletti Hastings, MN 55033 1225 Progress Drive Hastings, MN 55033 jspagnoletti@hastingsmn.gov AMOUNT ~ Temporary water hookup ~ Locates ~ Permit ~ Materials ~ Labor Total Due $8,000.00 Thank you for your business! Please make check payable to Bauer Services. Please feel free to contact Aaron Bauer with any questions regarding this inovice at 651-246-9153 or at bauerservices@hotmail.com. DESCRIPTION Water Service Replacement @ 527 Tiffany Drive Hastings, MN VIII-05 VIII-05 VIII-05 1 PRIVATE WATER SERVICE REPAIR SPECIAL ASSESSMENT AGREEMENT THIS AGREEMENT is made this ____ day of ___________________, 2024, by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Jacob A. Meeteren and Kacie M. Vaccaro, both single persons (the “Owners”). RECITALS A. The Owners are the fee owners of a parcel located at 527 Tiffany Drive, in the City of Hastings, Dakota County, Minnesota, legally described as: Lot 10, Block 1, Cari Park Fourth Addition, according to the recorded plat thereof, and situate in Dakota County, Minnesota PID: 19-16403-01-100 Abstract Property (“Subject Property”). B. The City has found that certain repairs to the private water service are required. C. The Owners will cause the construction of the required private water service repairs. D. The Owners have requested that the City assess the costs of construction of the required private water service repairs to serve the Subject Property. VIII-05 2 E. The Owners acknowledge that the required private water service repairs will benefit the Subject Property. NOW, THEREFORE, IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. PRIVATE WATER SERVICE REPAIRS. The Owners will hire and approve a contractor of their choice to construct private water service repairs (“Improvements”) that serve the Subject Property. 2. SPECIAL ASSESSMENTS. The City agrees to advance the funds necessary for the water line repairs in return for Owners’ agreement to have the costs assessed against the Subject Property as provided for in this Agreement. The Owners agree to pay one hundred percent (100%) of the cost of the Repairs through the assessment process. The City will assess the Subject Property the following principal amount for the Repairs: $8,000.00 (“Assessment Amount”). The Assessment Amount shall be deemed adopted on the date this Agreement is signed by the City. The Assessment Amount shall be paid over a 5-year period without deferment, together at a rate of 4.36% interest on the unpaid balance. Interest shall begin accruing thirty (30) days after the City Council’s approval of this Agreement. The Owners further agree that the Assessment Amount may be exceeded if the increases are a result of requests made by the Owners or otherwise approved by the Owners in a subsequent written document. The first installment shall be due and payable with first half of property taxes in 2025. The Owners further agree that the City can assess an additional $50.00 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. 3. WAIVER OF APPEAL. The Owners hereby authorize the City to certify to the Dakota County Auditor/Property Tax Assessor a special assessment against the Subject Property up to the Assessment Amount. The Owners hereby waive all rights to assessment notices, hearings, appeals, and procedural and substantive objections and all other rights pursuant to Minn. Stat. §429.061, §429.071 and §429.081 for the special assessment against the Subject Property up to the Assessment Amount, including, but not limited to, any claim that the Assessment Amount against the Subject Property exceeds the benefit to the Subject Property for the Improvement. The Owners acknowledge and agree that the benefit of the Improvement to the Subject Property does in fact equal or exceed the Assessment Amount. The Owners also acknowledge and agree that the Subject Property receives a special benefit equal to or exceeding the Assessment Amount. 4. BINDING EFFECT; RECORDING. This Agreement shall be binding upon the Owners and the Owners’ successors and assigns. This Agreement may be recorded against the title to the subject property. [remainder of page intentionally blank] VIII-05 3 CITY: CITY OF HASTINGS By: Mary Fasbender Mayor By: Kelly Murtaugh City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of , 2024, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public This instrument was drafted by and after recording return to: Korine L. Land, #262432 LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-05 4 OWNERS: JACOB A. VAN MEETEREN AND KACIE M. VACCARO By: Jacob A. Van Meeteren By: Kacie M. Vaccaro STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ____ day of , 2024 by Jacob A. Van Meeteren and Kacie M. Vaccaro, both single persons. Notary Public VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From: Dave Wilske, Chief of Police Date: September 3rd, 2024 Item: Renewal of the 2024-2026 School Resource Officer and Traffic Control Agent Contract between the City of Hastings and ISD 200. Council Action Requested: Approval of the attached contract. Background Information: The Hastings Police Department and ISD 200 have long had a joint School Resource Officer (SRO) program. The program provides for an on-site Hastings police officer who specializes in issues of significance to youth and collaborates with school staff to promote the safety of students, staff, and the community. In addition, HPD and ISD 200 developed a Traffic Control Agent program. This mutual effort provides limited traffic control at intersections near school facilities where school bus, other vehicular traffic, and pedestrian traffic can become congested during morning and afternoon hours. The program provides temporary, part-time “Traffic Control Agents” under the police department’s statutory authority to control traffic in affected areas. The agreement has been updated to encompass wage increases for SRO and Traffic Control Agents. There were additional legislative changes and required language for the SRO contract, which has been added to the document. Financial Impact: SRO Program as budgeted. TCA program is budget neutral. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: 2024-2026 School Resource Officer and Traffic Control Agent Agreements. VIII-06 7 SCHOOL RESOURCE OFFICER AND TRAFFIC CONTROL AGENT PROGRAM AGREEMENT This School Resource Officer and Traffic Control Agent Program Agreement (the “Agreement”) dated this ___ day of __________, 20__, is entered into by and between the City of Hastings (“City”), a municipal corporation, and Hastings Independent School District No. 200 (“School District”), a political subdivision of the State of Minnesota. RECITALS WHEREAS, the School District and the City desire to join in a mutual effort to maintain a cooperative and coordinated approach building positive relationships with students, deterring criminal activity, and addressing criminal activity on school property and at School District sponsored events and activities; and WHEREAS, Minnesota Statute § 126C.44 authorizes the School District to contract with the City to have licensed peace officers provide school resource officer services in the School District’s schools; and WHEREAS, the School District and the City desire to join in a mutual effort to provide limited traffic control at intersections near school facilities where school bus, vehicular, and student pedestrian traffic can become congested during morning and afternoon hours when students are arriving at and leaving the school facilities; and WHEREAS, the City employs sworn police officers specially trained, experienced and competent to provide the services sought by the School District and the City is willing to provide such services to the School District under the terms and conditions provided in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement and other valuable consideration, the sufficiency of which is hereby acknowledged, the School District and City agree as follows: 1. Purpose The City and School District will collaborate on a School Resource Officer Program (the "SRO Program") between the City and School District. Both the City and School District have determined that the SRO Program is beneficial to school and community safety and promotes collaboration between police, school, staff, counselors, parents, and students. This Agreement is intended, in part, to set forth the terms and conditions, to create, fund, and implement the position of a police School Resource Officer ("SRO"). The City and School District will also collaborate on a Traffic Control Agent Program (the "TCA Program") between the City and School District. Both the City and School District have determined that the TCA Program is beneficial to school and community safety and will promote safety of students, staff, and the public at large. The purpose of this Agreement is, in part, to set forth, the terms and conditions, to create, fund, and VIII-06 7 implement the positions of Traffic Control Agent ("TCA"). 2. Funding - SRO Program The City and School District will jointly fund the following expenses in connection with the offering of the SRO Program. A. SRO salary at 50%-50% split to be paid at the top patrol rate and mid-range longevity step, as more fully identified on Exhibit A. B. SRO related benefits, including, but not limited to health insurance, retirement, workers compensation, sick time, vacation and disability pay at 50%-50% split, as more fully identified on Exhibit A. C. Training costs to be borne by the City unless specific training is requested or required by the School District in which case those training costs will be borne by the School District. D. Equipment maintenance and replacement will be primarily the responsibility of the City with the School District contributing a fixed portion of these program costs as detailed in Exhibit A and will be subject to annual review. E. Overtime for special events as may be required for the safety of students, staff, and visitors to School District facilities will be determined on an annual basis and shared between the City and the School District based on average overtime hours utilized as specified in Exhibit A. The parties agree to review shared costs on an annual basis by June 30th of each year the Agreement is in effect. In the event the parties cannot reach agreement on the allocation of shared costs there shall be no annual adjustment for the upcoming year and the City and School District may each exercise their right to terminate this Agreement as provided herein. In the event the School District or the City should receive a grant or special funding to offset the costs of the SRO Program, the grant funding or special funding shall be applied against, and offset, the costs borne by the entity receiving the grant or special funding. 3. Funding-Traffic Control Agent (TCA) Program It is intended the City and School District will utilize existing school patrol personnel previously employed by the School District as Traffic Control Agents (TCAs). Those individuals selected to act as TCAs shall receive all background checks, equipment and training generally necessary to qualify as a City of Hastings Reserve Officer. By meeting the qualifications of a City of Hastings Reserve Officer, the TCAs shall have authority pursuant to Minn. Stat. § 626.84 to provide traffic control at the direction of the Hastings Police Department. The TCAs shall be employees of the City but the School District will reimburse the City all costs associated with the employment of the TCAs. The parties agree to review the costs of funding the TCA Program on an annual basis by June 30th VIII-06 7 of each year the Agreement is in effect. In the event the parties cannot reach agreement as to the costs for the TCA Program, there shall be no adjustment for the upcoming year and the City and School District may each exercise their right to terminate this Agreement as provided herein. 4. Services A. SRO Program. The City shall provide the services of a licensed police officer or officers and related support services and supplies to assist the School District in establishing and maintaining the program at the assigned school(s). The SRO(s) will have the duties as described on the attached Exhibit B. The School District agrees to provide adequate office space, telephone access, computer and printer for use by the SRO(s). To foster the building of positive relationships between the SRO and students, the City shall use best efforts to ensure that the same licensed police officer regularly provides SRO services at the assigned school(s), except when the SRO is on paid leave or is otherwise absent. B. TCA Program. The City shall provide the necessary background investigations, training and equipment for the TCAs and shall provide the TCAs to assist the School District in traffic control duties at intersections near school district facilities as more fully described on Exhibit C. C. Objections to Personnel. The City will undertake reasonable efforts to assign SROs and TCAs who are acceptable to the School District. The School District’s Superintendent will notify the City’s Chief of Police in writing of any concerns related to an SROs or TCAs job performance. Any request for reassignment of a police officer who is working as an SRO or individual serving as a TCA must be made to the City’s Chief of Police. The City will have ten (10) calendar days to demonstrate to the School District’s satisfaction that the concern has been addressed. If the concern has not been addressed to the School District’s satisfaction after ten (10) calendar days, the City will assign a different licensed police officer to serve as the regular SRO or other individual to serve as a TCA under this Agreement. 5. Payment The City shall provide billing statements to the School District for services provided herein on a semi-annual basis on June 30 and January 1 of each year. Such statements will be due and payable by the School District to the City no more than thirty (30) days after receipt of the same. The billing to the School District shall be done so in arrears of service provision (January billing shall cover the period of July 1 through December 31). 6. Term This Agreement shall commence on the 1st day of August, 2024, and shall end on the 31st day of July, 2026, subject to the cost adjustments and right of either party to terminate as provided herein. The Agreement may be renewed for additional one-year periods as VIII-06 7 agreed by both parties, and upon the same terms and conditions as stated herein. 7. Independent Contractor The City, through its Chief of Police, will remain free to exercise judgment and professional expertise in determining how to best provide the services described in this Agreement. The City acknowledges that no withholding for state or federal benefits or taxes will be made from the payments due the City by the School District. The City also acknowledges that it has the sole obligation to comply with state, local and federal tax provisions with regard to these services and the employees hired by the City to perform the work described herein, including workers compensation laws. At all times and for all purposes, the City is and will remain the exclusive employer of the SROs who perform services pursuant to this Agreement. No SRO may be considered to be an official, employee, agent, educational service provider, or representative of the School District, and no SRO may make any representation to the contrary. The City maintains full control over the police officers it employs and is solely responsible for all employment and administrative functions related to its employees, including, but not limited to, supervision and evaluation, payroll and deductions, maintenance of all required insurance and any labor disputes or grievances. The City and any City employee who performs services for the School District agree that the employee shall not accrue any continuing contract rights and the employee specifically waives any right to a continuing contract with the School District. The City agrees that if the employee makes any employment claim or brings any employment action of any kind, the City will be solely responsible for the defense and payment of any claim as the employee is not an employee of the School District. 8. Scheduling The duty hours of the SRO are flexible and will be primarily coordinated with the school day and/or activities upon agreement with the School District. Generally, a “school day” means a day on which school is in session and general student attendance is required, including any make-up days that are scheduled because school was canceled for any reason. The SRO will make daily contact with the police department for the purpose of keeping abreast of incident reports and other City activities that may be of importance to the safety of students and School District staff. During non-school periods, the SRO's duties and schedule will be determined by the Chief of Police. Unless an absence is caused by an emergency, the SRO at the assigned school(s) will provide reasonable notice to the Principal or Principal’s designee if the SRO will be absent from the school property during the school day. The SRO shall be entitled to be absent from performing SRO duties for up to fifteen (15) school days per year for purposes of attending law enforcement training courses, conferences, meetings or vacations. The City shall advise the School District if an SRO is anticipated to be absent for more than two (2) consecutive days and the parties shall discuss what accommodations can be provided to account for the extended absence. VIII-06 7 The duty hours of the TCAs will be primarily coordinated with the arrival and departure of students from school facilities during regular school days and upon agreement with the School District. The City shall be primarily responsible for scheduling the TCAs but the City will take all reasonable input from the School District. 9. Termination of this Agreement Either party may terminate this Agreement by providing written notice to the other party no less than six months prior to the effective termination date. 10. Temporary Emergency Reassignment The City reserves the right to remove an SRO from performance of its duties pursuant to this Agreement in the event of an emergency or extenuating circumstances that necessitate the SRO to perform other police activities for the City outside of school property. If, in the discretion of the Chief of Police, it becomes necessary to remove the SRO from the district, the Chief of Police will immediately inform the School District officials in advance of such action. 11. Security/Linking The SRO(s) office will be locked and secured by a key issued only to the SRO(s). The SRO(s) will be provided a suitable computer, monitor and printer and any other items or services necessary, at the expense of the School District, so that the SRO will have full access to the City email and network system and the School District's email and network system at all times the SRO(s) is working pursuant to this Agreement. 12. Indemnity and Hold Harmless A. The City agrees to indemnify and save harmless the School District of and from any and all liability and expenses, including attorneys' fees, of any nature whatsoever (including any claim on account of any injuries, disease, or claimed injuries or diseases compensable under the Worker's Compensation Laws of the State of Minnesota) resulting or in any manner arising out of the use by the City of any property, structures, or equipment of the School District (whether improved, modified, altered, or developed by the School District or otherwise) or any activities sponsored by the City taking place on such property, structures or equipment. B. The School District agrees to indemnify and save harmless the City of and from any and all liability and expenses, including attorney's fees, of any nature whatsoever (including any claim on account of any injuries, diseases, or claimed injuries or diseases compensable under the Worker's Compensation Laws of the State of Minnesota) resulting or in any manner arising out of the use by the School District of any property, structures or equipment of the City (whether improved, modified, altered, or developed by the School District or otherwise) or any activities sponsored VIII-06 7 by the School district taking place on any such property, structures or equipment. C. The indemnity provisions of Subparagraph A shall not apply to any liability incurred by the School District as a result of any negligent, wrongful or tortuous acts of the School District, its officers, agents or employees. D. The indemnity provisions of Subparagraph B hereof shall not apply to any liability or expenses incurred by the City as a result of any negligent, wrongful or tortuous acts of the City, its officers, agents or employees. E. The parties agree to cooperate with one another in the defense of any claim, demand or rights of action within the terms of this Agreement. F. In no case shall either party's obligation to indemnify the other party exceed the statutory liability limit of the other party. 13. Amendments This Agreement contains the full understanding and agreement between the parties and may not be amended except in writing agreed to and executed by both parties. If any provision of this aAgreement is found invalid by a court or agency, it shall not invalidate any remaining provisions. 14. Data Practices Sharing of data will be done only pursuant to the Minnesota Data Practices Act and the Family Educational Rights of Privacy Act. Any data shared between the two parties to this Agreement will be maintained in the accordance with state and federal law. The parties acknowledge that unless the School District is reporting a suspected crime or another statutory exception applies, the School District may not disclose private educational data to the SRO or TCA without the written consent of the student’s parent or guardian (or the written consent of the student if the student is eighteen (18) years of age or older); a lawfully issued subpoena; or a court order. Nothing in this Agreement may be construed to modify the responsibilities of either party under the Minnesota Government Data Practices Act or the School District’s responsibilities under the Family Educational Rights of Privacy Act. Because the City and the officer(s) are not employees of the School District, any violation of the state or federal law in this regard is the sole responsibility of the City and the officer and each agrees to hold the School District harmless if a claim or action arises because of the City's actions or omissions. The City shall provide reasonable data privacy training to all SROs. 15. Discrimination The City and School District agree not to discriminate in providing services under this aAgreement on the basis of race, sex, creed, national origin, age, or religion. The parties agree not to discriminate as required by state and federal laws. In addition, the VIII-06 7 School District and the City each specifically agree not to discriminate unlawfully against any student in any program, service, activity, or decision based on race, color, religion, age, sex, disability, marital status, sexual preference, gender identity, public assistance status, creed, or national origin. 16. Interpretation This Agreement shall not be construed more strictly against one party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the parties, it being recognized that both the City and the School District have contributed substantially and materially to the preparation of this Agreement. 17. Construction The headings of the sections and subsections of this Agreement are for convenience and reference only and do not form a part hereof; and in no way interpret or construe such sections and subsections. Wherever the context requires or permits, the singular shall include the plural, the plural shall include the singular and the masculine, feminine and neuter shall be freely interchangeable. It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship as co-partners, joint venture, or joint enterprise between the parties hereto or as constituting either party as an agent, representative or employee of the other for any purpose or in any manner whatsoever. 18. Parties in Interest This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, representatives, successors, and assigns. This Agreement is for the sole benefit of City and the School District (including a permitted assignee), and no third party is intended to be a beneficiary of or have the right to enforce this Agreement. 19. Attorney's Fees In the event of litigation between the parties in connection with this Agreement, the prevailing party (i.e. the party whose position is substantially upheld by the court) shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. The obligation in the immediately preceding sentence shall survive any termination of this Agreement or the closing. 20. Definitions If any date herein set forth for the performance of any obligations by the parties or for the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or legal holiday, the compliance with such obligations or delivery shall be deemed acceptable on the next business day following such Saturday, Sunday or legal holiday. As used in this Section, the term "legal holiday" means any state or federal holiday for VIII-06 7 which financial institutions or post offices are generally closed in the State of Minnesota. The term "including" shall mean including, as an example, without limiting the generality of the foregoing. 21. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same document. A signature page to any counterpart may be detached from such counterpart without impairing the legal effect of the signatures thereon and thereafter attached to another counterpart identical thereto except having attached to it additional signature pages. 22. Governing Law This Agreement shall be construed as to both validity and performance and enforced in accordance with and governed by the laws of the State of Minnesota., 23. Headings The headings contained herein are for convenience of reference only and do not affect, define, describe or limit the scope or intent of this Agreement or any of its provisions. 24. Notices Notice to City provided for herein shall be sufficient if sent by the regular United States Mail, postage prepaid, addressed to City of Hastings, City Administrator, 101 East 4th Street, Hastings MN 55033. Notices sent to School District shall be sufficient if sent by the regular United States Mail, postage prepaid, addressed to ISD #200, Attention: Superintendent, 1000 West 11th Street, Hastings MN 55033. Either party may designate to each other in writing from time to time a different address for notice. 25. Dispute Resolution In the event of any dispute arising under this Agreement, the parties shall first engage in good faith discussions and negotiations to resolve the dispute. In the event that the dispute cannot be resolved by the parties, then the matter shall be subject to court action and jurisdiction in the District Court of Dakota County, Minnesota. In any dispute arising under this Agreement, the prevailing party will be entitled to an award against the non- prevailing party of all costs, disbursements, and reasonably attorneys’ fees incurred in any action for damages, specific performance, or equitable relief. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. City of Hastings VIII-06 7 _____________________________ _____________________ Mary Fasbender, Mayor Date _____________________________ _____________________ Kelly Murtaugh, City Clerk Date VIII-06 7 Hastings Independent School District No. 200 _____________________________ _____________________ Dr. Tammy Champa, Superintendent Date VIII-06 8 EXHIBIT A SCHOOL RESOURCE OFFICER PROGRAM COSTS Personnel Costing based on the top annual patrol rates averaged throughout the life of the contract SALARY AND BENEFITS Description Amounts Wages (top patrol & mid-range longevity) $113,080.73 Longevity $2,472.72 Medicare $1,639.67 Insurance $23,900.17 PERA $20,015.29 Work Comp $6,355.14 Long-term Disability $334.51 ________________________________________________ Program Total $167,793.23 City of Hastings Contribution (50%) $83,896.62 School District Contribution (50%) $83,896.61 School District Officer Other Billable Costs – Per Agreement 40 hours OT – wage cost only $2,907.15 Equipment – Mileage $3,000.00 ________________________________________________ Other Billable Total $5,907.15 The City of Hastings shall bill only for actual expenses as agreed upon in the contract. Overtime As requested by the School District and with the approval of the Chief of Police and/or his designee, the SRO may be authorized to work special events outside of the regular schedule to promote public safety and enhance security of students, staff, and visitors. In accordance with the current collective bargaining unit agreement, the SRO or other officers working these special events are entitled to overtime compensation. The multi- year average for special event overtime (homecoming, prom, school dances, certain athletic events, etc.) has averaged more than 80 hours with a time and one half converted value of 120 hours. Recognizing the joint nature of the SRO Program and the desire to provide the School District with a fixed cost of the SRO Program, the City shall invoice the School District for 40 hours of special event overtime at a time and one half pay rate. VIII-06 9 Training Cost of in-service and professional development training shall be the responsibility of the City, unless it is specifically requested by the School District. The assigned SRO will be allowed by the School District to attend in-service and professional development training, as mandated to keep peace office license current. Equipment Reimbursement for emergency vehicle and equipment costs at $250.00/month/$3,000 per year to offset City cost of fuel, vehicle and equipment maintenance. Request for Additional Services With ISD200 Superintendent approval, School District administrators and school administrators may request that the City assign one or more police officers to provide additional services, including, but not limited to, attendance at a school board meeting, an extracurricular activity, or a community function that is held in the evening that results in the police officer working more than forty (40) hours in a week. The City will make reasonable efforts to accommodate such request. When the City assigns a police officer to provide additional services, the School District will be responsible for paying the police officer’s wages, including overtime pay and any other employment costs incurred, for the hours worked while providing such additional services. The City will submit an itemized invoice to the School District describing the additional services provided and the costs the City incurred in providing the additional services. Within thirty (30) calendar days after receipt of the invoice, the School District will pay the City for the amount of the additional services stated on the invoice. If the School District disputes the amount of an invoice, the School District will pay the undisputed amount within thirty (30) calendar days. VIII-06 10 EXHIBIT B SCHOOL RESOURCE OFFICER PROGRAM SRO DUTIES AND REQUIREMENTS The SRO reports to Hastings Police Administrative Sergeant and/or Divisional Lieutenant in collaboration with school administrators. Job Duties The SRO will work towards carrying out the mission of the Hastings Police Department (HPD) within the school community. The SRO will act in their capacity and authority as a Police Officer for the City of Hastings Police Department to provide a safe learning environment, to prevent crime, and to investigate and solve crimes. Additionally, the SRO will: Foster a positive school climate through relationship building and open communication. Protect students, staff, and visitors to the school grounds from criminal activity. Serve as a liaison from law enforcement to school officials. Provide advice on safety drills. Identify vulnerabilities in school facilities and safety protocols. Educate and advise students and staff on law enforcement topics. Enforce criminal laws. Follow all policies and procedures of the Hastings Police Department (HPD). Follow the HPD chain of command. Work with the school administration and staff. Work with building facilities personnel on issues related to building security. Work with school staff in a fair and impartial manner to identify pre- delinquent youth (at risk) and will assist in targeting the appropriate resources necessary to prevent delinquent acts. Not discipline students for infractions of school rules. Serve as a conduit of information between students, staff, parents and Dakota VIII-06 11 County Social Services, the City of Hastings, and all law enforcement, court, and non-governmental agencies. Strive to develop and facilitate regular meetings of school staff, police, Dakota County Criminal Justice officials (probation, CAC, County Attorney), Dakota County Social Services officials and other staff deemed necessary to enrich the learning environment or increase the safety of the schools. Work with School District personnel and Dakota County officials on truancy issues. Complete appropriate police reports, according to City of Hastings Police Department policy. Meet with parents and educators (staff) as necessary to facilitate conflict resolution within the school. Be notified immediately by school administration personnel when crisis response has been activated by the school on any problem. Monitor and develop a working knowledge of all students who are likely to cause problems or law violations within the school setting. Intervene and take appropriate action within their authority as SRO when school crisis intervention is not successful. Provide education programs as requested. Provide school staff in-service education as may be requested. Work at promoting positive image of ISO 200. Meet regularly with other SROs in Dakota County. Position Requirements The assigned officer will have at least 24 months of service to the Hastings Police Department or possess special skills/training related to working with juveniles. The assigned officer will work a flexible schedule, but will generally be scheduled on school days beginning at 7:00 AM and ending at 3:00 PM. Uniform and/or plain clothes, as authorized by the Chief of Police in consultation with School District administration. Possess interest and willingness to continually work to improve knowledge related to juvenile justice issues. VIII-06 12 Will be reassigned as needed by the Hastings Police Department when not serving in SRO function. Will continue to attend POST courses as needed to maintain license (will notify school in advance of absence and coordinate emergency contact coverage with department supervisor). Will respond to emergencies as needed outside of school. Will maintain regular communication with school and Dakota County Communication Center. Will work with staff at all lSD 200 schools. VIII-06 13 EXHIBIT C TRAFFIC CONTROL AGENT PROGRAM COSTS, DUTIES AND REQUIREMENTS Costs TCAs shall be temporary, part-time employees of the City of Hastings entitled to an hourly wage of: $16.25 per session with a minimum payment of one hour per session. Effective August 1, 2024, and continuing for the 2024-25 and 2025-26 school years. Emergency School Closing In the event of a school closing called by the Superintendent, due to weather conditions or any other conditions, personnel who were scheduled to work will be paid. As temporary part-time employees, TCAs shall not be entitled to other employment benefits, unless otherwise noted in MN Statute. The City will be obligated to ensure Worker's Compensation insurance coverage for all TCAs, as well as, required tax, FICA, Medicare, and retirement withholdings as may be required by law. The work schedule for TCAs shall be set by the School District. The School District shall reimburse the City for fill costs incurred for the employment of all TCAs. Training and Equipment The City shall provide training to all TCAs sufficient for the TCAs to qualify as Hastings Police Reserve Officers. This shall include all necessary background checks, initial training and annual training and development. For the initial training and providing equipment to the TCAs, the School District shall pay to the City $2,500.00 to reimburse the City for its cost of training and providing equipment as agreed upon during the annual program/contract review but will not exceed $500.00 unless agreed upon by both parties. VIII-06 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Emily King, Deputy City Clerk Date: September 3, 2024 Item: Special Use Permit & Product Retail License – Cannabis Sales – Hastings Tobacco – 1769 Market Blvd Council Action Requested: Take the following actions related to a Special Use Permit (SUP) and Product Retail License application for cannabis retail sales for Hastings Tobacco on property located at 1769 Market Blvd owned by Hastings Marketplace Station LLC. 1) Hold the public hearing. 2) Table action on the Special Use Permit & Cannabis Product Retail License until permission is granted from the property owner. If permission is not granted, the Council would take action at the October 21, 2024 meeting (the end of our statutory review period). History: The City Council continued the above actions at the August 19, 2024 meeting. The property owner Hastings Marketplace Station LLC has not granted permission to consider sale of cannabis products. Compliance Overview: • 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 IX-01 (a,b) • 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 • 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) The associated fees have been paid Advisory Commission Review: The Planning Commission voted 6-1 to recommend approval of the SUP 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: • Planning Commission Staff Report – August 12, 2024 IX-01 (a,b) 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 IX-01 (a,b) 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 IX-01 (a,b) 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. IX-01 (a,b) 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. IX-01 (a,b) 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: 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. Attachments • Location Map • Site Picture • Application IX-01 (a,b) LOCATION MAP IX-01 (a,b) SITE PICTURES Looking west from front parking lot off South Frontage Rd. Looking south from front parking lot off South Frontage Rd. Looking east from front parking lot off South Frontage Rd. IX-01 (a,b) City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Receive Update on the Water Treatment Plant Siting Study Council Action Requested: Council is requested to receive an update on the Water Treatment Plant (WTP) Siting Study. Staff recommends scheduling a follow up to this update at the September 16th City Council Meeting with a closed session pursuant to Minnesota Statutes 13D.05 subd 3(c) to develop offers for purchase of real property. Background Information: A feasibility study determined 3 WTP’s would be required to remove PFAS from the Hastings’ municipal wells. The location of those plants within the study were a representation of locations near existing wells and within property owned by the City (to avoid acquisition costs and delays). These locations were never finalized and are subject to relocation. Public feedback was received, and the City Council communicated a strong preference for WTP No. 2 and WTP No. 3 to be located outside of residential neighborhoods. A WTP Siting Study was developed to include City Council’s direction. The feasibility and cost-effectiveness of a given WTP site depends on several factors:  Sufficient land area owned or available for acquisition  Proximity to existing wells and raw water mains  Proximity to trunk distribution water mains and storage tanks  Proximity to pressure zone facilities (booster pumps/pressure reducing valves)  Proximity to trunk sanitary sewers  Proximity to transportation corridors  Site topography Some challenges to the study include factoring in the large amount of existing residential neighborhoods surrounding the wells, the future high-pressure zone planned on the west side of Hastings, finding property owners open to acquisition, and locating sites out of existing residential but into adjacent or future residential areas. Note that WTP No. 1 is located in the Industrial Park surrounded by non-residential land use, therefore no additional sites were evaluated. Financial Impact: To move the original site locations out of residential neighborhoods it required moving the WTPs further from the wells they were planned to treat and on property that needed to be acquired. For WTP No. 2, this resulted in a cost increase ranging from $0.6M to $4.5M depending on the site evaluated in the study. For WTP No. 3, this resulted in a cost increase ranging from $2.8M to $7.2M depending on the site evaluated in the study. Attachments:  Presentation to be provided after the Council Meeting update X-A-01 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Consider Resolution of Intent to Participate – MnDOT Highway 55 Signal Replacements Project S.P. 1910-57, Pleasant Drive and Westview Drive Intersections COUNCIL ACTION REQUESTED Council is requested to consider the attached resolution declaring the City’s intent to participate in the replacement of existing traffic signals on Highway 55 at the intersections of Pleasant Drive and Westview Drive along with other minor improvements at these locations in 2025. BACKGROUND INFORMATION The traffic signals located at Pleasant Drive and Westview Drive are programmed for replacement in MnDOT’s State Transportation Improvement Program (STIP) for the fiscal year 2025. These signals at Pleasant Drive and Westview Drive are 41 years old and 38 years old respectively and are well beyond their intended service life of 25 years. Delaying these improvements beyond 2025 is not recommended by MnDOT staff as ongoing maintenance costs are continuing to increase in addition to the rising likelihood of a more impactful failure of these signal systems. The project is anticipated to require detouring of Highway 55 for approximately two weeks in total in the summer of 2025, with only one direction being detoured at a time for one week each. As part of MnDOT’s standard policy for replacing traffic signal systems along state highways, the City is required to cost share 50% of the signal replacement costs, along with covering 100% of the costs for any City-owned utilities that need to be repaired or relocated within the project scope. In order for MnDOT to move forward with programming these improvements and to begin preparing a cooperative agreement for 2025, a resolution of intent to participate in this project is required. Once a cooperative agreement and final plans have been prepared, City Council will be asked to formally enter into a final agreement with MnDOT. FINANCIAL IMPACT The cost share for the City to complete this project is currently estimated to be $550,000. This includes replacement of the existing signals, relocations of City owned electric facilities for street lighting, and minor storm sewer repairs. The entirety of this cost is eligible to be paid for out of the City’s Municipal State Aid Street (MSAS) funds. MSAS funds will continue to receive annual allocations to remain at a significant balance to contribute toward the anticipated TH 61 cost share in 2027. Our current MSAS Construction Fund Balance is nearly $3,000,000. STAFF RECOMMENDATION Staff is recommending that the City Council move forward in adopting the attached resolution declaring the City’s intention to participate in the Highway 55 Signal Replacements Project, S.P. 1910-57. ATTACHMENTS Resolution Receiving Bids and Awarding Contract MnDOT Lighting and Signal Pre-agreement Letter Project Layout X-A-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION OF INTENT TO PARTICIPATE FOR THE MNDOT HIGHWAY 55 SIGNAL REPLACEMENTS – S.P. 1910-57 WHEREAS, The City of Hastings and the Minnesota Department of Transportation (MnDOT) propose to make certain improvements on a portion of T.H. 55 and two intersections, in the City of Hastings under the Fiscal Year 2025 State Project (S.P.) 1910-57, and WHEREAS, It’s the City’s desire that the State include, in this project letting, certain improvements to T.H. 55 located at the intersections of Pleasant Drive and Westview Drive as well as the adjacent frontage roads (see attached layout), and WHEREAS, the Minnesota Department of Transportation Policy and Procedures for Cooperative Construction Projects with Local Units of Government, the City will have a participation in the cost for this work where the City share is estimated to be approximately $550,000 or less for the two new signal systems at these locations, relocations of electric facilities for street lighting, and minor repairs to city owned storm sewer – some additional work may arise. The State’s share is estimated to be over $1,500,000 for the entire project. The County of Dakota may also participate for work done on any of their portions of the project if deemed appropriate, and WHEREAS, MnDOT has requested that the City formally indicate its intent to participate in the costs of roadway improvements and signal system improvements as laid out in this project, to include continued ownership and maintenance of the signal systems, and any other agreed upon maintenance as directed under the future cooperative agreement, and other improvements requested by the City and in accordance with MnDOT’s “Cost Participation and Maintenance Responsibilities with Local Units of Government Manual” dated October, 2021, and NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. Following approval by the Minnesota Department of Transportation of plans and specifications for the improvement of said trunk highway, before a contract is awarded for the construction of said improvements, the City shall enter into an agreement with the State and shall pay its share of the cost of the requested improvements as determined by the State in accordance with the latest “Cost Participation and Maintenance Responsibilities with Local Units of Government Manual” (a copy of which has been received by the City). ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3rd DAY OF SEPTEMBER, 2024. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL X-A-02 Metropolitan District – Traffic Engineering 1500 W. County Road B2 Roseville, MN 55113 August 20, 2024 Cody Mathisen, Hastings City Engineer 1225 Progress Drive Hastings, MN 55033 Subject: Pre-agreement letter for Traffic Control Signals, S.P. 1910-57 (TH55) TH 55 at Pleasant Drive (Signal System ID No. 1735418), and TH55 at Westview Drive (Signal System ID No. 1735419) The Minnesota Department of Transportation has programmed a project that includes signal installation with ADA facilities at the following location: TH 55 at Pleasant Drive and at TH 55 at Westview Drive Current letting is scheduled for April 25, 2025. In order to proceed with the project and prepare a cooperative agreement, the Department of Transportation needs concurrence from the participating agencies regarding the cost, power and maintenance responsibilities of the signal and interconnect system. Please review the preliminary agreement information outlined below and respond on behalf of your agency. Design Features The two new traffic actuated signal systems to be constructed shall include: • Signal indications with light emitting diodes (LED). • Emergency vehicle preemption system (EVP - detectors, confirmatory lights and cabinet equipment). • LED Luminaires over the appropriate mainline signal poles. • Signal poles will be galvanized steel (If City elects to paint, the cost and maintenance will be 100% city). • Appropriate pedestrian crossings with Accessible Pedestrian Signals (APS), LED countdown pedestrian indications, and pedestrian curb ramps with truncated domes. • Mast arm and pole signing, appropriate pavement markings. • Flashing Yellow Arrow (FYA) indications for appropriate left turns. Cooperative Construction Agreement Prior to awarding a contract for the project, a cooperative construction agreement (prepared by MnDOT), for cost, operation, power and maintenance, between the State and the City of Hastings must be fully executed. Current MnDOT policy determines the cost participation, operation and maintenance responsibilities. Cost Participation Preliminary cost participation for each agency related to construction of the signal systems, EVP, and state furnished materials are outlined at the end of this letter in a separate attachment entitled “Preliminary Cost Participation Sheet.” MnDOT assumes the cost responsibilities for design. X-A-02 Operation, Power and Maintenance The City of Hastings shall be responsible for all power costs (connection fees and monthly power charges) associated with the signal. Maintenance Responsibilities: MnDOT will be responsible for operation and major maintenance including EVP, Hastings will be responsible for minor signal maintenance and luminaire maintenance. Maintenance Definitions: Major signal maintenance (MnDOT) includes replacing above or underground equipment which may include (as applicable): cabinet and contents, loop detectors, EVP, interconnect cables/conduit, mast arms, poles, pedestals, luminaire signal pole extensions, signal heads, etc. Minor signal maintenance (City) includes replacing LED indications, cleaning, and painting (if painted). Luminaire maintenance (City) includes luminaire replacement and cleaning. The luminaires will be metered. Summary: If all aspects of the cooperative construction agreement identified within this letter are satisfactory to the City of Hastings, an agreement will be drafted and submitted for execution prior to design completion. Please contact me with any questions you have regarding any of the above information. Sincerely, Christina Caouette Project Manager (651) 234-7522 CC: Matthew Barnes – Metro District Traffic Engineering, MS 050* Greg Kern –Metro District Traffic Engineering, MS 050* Michael Fairbanks– Metro Signal Operations Manager, MS 050* Cindy Krumsieg – Metro Planning, MS 050* Almin Ramic – Metro Traffic, (TSAM) MS 050* Ben Christensen – Metro Signing, MS 050* Robert Jones – Metro South Area Management, MS 050* Malaki Ruranika – Municipal Agreements, OTS, MS 682* Linda Heath –ESS, MS 740* * Electronic copy only (hard copies available upon request) Christina Caouette Digitally signed by Christina Caouette Date: 2024.08.20 13:11:07 -05'00' X-A-02 Preliminary Cost Participation Sheet Signal System Replacement – TH 55 at Pleasant Drive TH 55 at Pleasant Drive $450,000 Construction Engineering 8% $36,000 Contingency/Risk Management $40,000 TOTAL SIGNAL COST $526,000 COST PARTICIPATION COST SHARE % EST. COST SHARE -MNDOT 50% $263,000 -CITY OF HASTINGS 50% $263,000 Note: Cost does not include painting if requested by City Signal System Replacement – TH 55 at Westview Drive TH 55 at Westview Drive $450,000 Construction Engineering 8% $36,000 Contingency/Risk Management $40,000 TOTAL SIGNAL COST $526,000 COST PARTICIPATION COST SHARE % EST. COST SHARE -MNDOT 50% $263,000 -CITY OF HASTINGS 50% $263,000 Note: Cost does not include painting if requested by City *Note that there will also be other construction costs within our R/W that will be the responsibility of the city – a separate estimate will be completed for other construction costs outside these signal system costs. X-A-02 CIPP LINING ACCESS CIPP LINING ACCESS STATE HWY. 55 (145TH ST. E.) SOUTH FRONTAGE RD. P L E A S A N T D R. PLEASANT DR. NORTH FRONTAGE RD. NORTH FRONTAGE RD. NORTH FRONTAGE RD. NORTH FRONTAGE RD. SOUTH FRONTAGE RD. SOUTH FRONTA GE R D. W E S T V I E W D R . WESTVIEW D R . S O UT H F R O N T A G E R D . B A H L S D R. ?? PROJECT LOCATION A R.P. 218+00.753 BEGIN SP 1910-57 PROJECT LOCATION B R.P. 219+00.176 END SP 1910-57 ST A 7 5 1 + 0 0 . 1 5 B K = EQ U A T I O N : ST A 7 5 1 + 0 7 . 2 4 A H ST A 7 5 1 + 0 7 . 2 4 A H ST A 7 5 1 + 0 0 . 1 5 B K = EQ U A T I O N : T .O I N S T R E E T T.O I N S T R E E T T.O IN STREET STREET T.O IN T. O I N S T R E E T S T R E ET T .O I N LEGEND PROPOSED CURB AND GUTTER PROPOSED MILL & OVERLAY PROPOSED BITUMINOUS PAVEMENT PROPOSED CONCRETE WALK T.E./ T.O. IN STREET RIGHT OF WAY CONSTRUCTION LIMITS S.P. 1910-57 (TH 55) LAYOUT X-A-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director Date: September 3, 2024 Item: Consider Resolution to Approve Industrial Park Water Tower Reconditioning Plans & Specifications with Exception to the Prevailing Wage Policy on City Projects and to Authorize Advertisement for Bids COUNCIL ACTION REQUESTED Council is requested to consider adopting the enclosed resolution approving the Industrial Park Water Tower Reconditioning plans and specifications with exception to the Prevailing Wage Policy on City Projects and authorizing advertisement for bids. BACKGROUND INFORMATION Reconditioning of the Industrial Park Water Tower involves structural repairs and replacement of coatings on the interior wet, interior dry, and exterior to protect the substrate of the tower. The City contracted with KLM (same consulting firm that was used in 2022 on the 4th Street Water Tower work) to prepare plans and specifications and to provide full time welding and coating inspections of the contractor’s work. KLM advises that we see the same pool of well qualified contractors across the country bidding this type of project regardless of the wage rates. This is due to the fact that full tower reconditioning is specialized work, requiring experienced employees and expensive equipment. Exception to the Prevailing Wage Policy on City Projects was implemented in 2022 on the 4th Street Water Tower and the City experienced qualified and competitive bidding at a reduced price. FINANCIAL IMPACT: KLM further advised that most cities do not require prevailing wage rates when rehabilitating their water towers. For the Industrial Park Water Tower Reconditioning Project, KLM estimates an increase up to $300,000 if the Prevailing Wage Policy were to apply. This would thereby increase the engineer’s construction estimate from $1,600,000 to $1,900,000. ATTACHMENTS Resolution Approving the Project with Exception to the Prevailing Wage Policy on City Projects and Authorizing the Advertisement for Bids X-A-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS WITH EXCEPTION FROM THE PREVAILING WAGE POLICY ON CITY PROJECTS, AND AUTHORIZING THE ADVERTISEMENT FOR BIDS FOR INDUSTRIAL PARK WATER TOWER RECONDITIONING PROJECT WHEREAS, the project plans and specifications have been completed by KLM Engineering, Inc., and WHEREAS, it is recognized that full tower reconditioning is specialized work, and WHEREAS, we anticipate the same pool of well qualified contractors to bid on this work, and WHEREAS, the engineer’s construction estimate of the work increases from $1,600,000 to $1,900,000 if the Prevailing Wage Policy on City Projects applies, and WHEREAS, the City Council may provide an exception to the Prevailing Wage Policy on City Projects. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that 1. Plans and specifications for these improvements prepared by KLM Engineering, Inc. are hereby approved with an exception to the Prevailing Wage Policy on City Projects. 2. The Public Works Director shall prepare and cause to be published on the Quest Construction Data Network web site and on the City of Hastings official web site an advertisement for bids for the construction of the approved Project. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be opened virtually on a date and time to be determined, and that no bids will be considered unless filed ONLINE and accompanied by a cash deposit, cashier’s check, bid bond, or certified check payable to the City of Hastings for 5% of the amount of each bid. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3RD DAY OF SEPTEMBER 2024. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL X-A-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 3, 2024 Item: Special Vehicles on City Streets Committee Action Requested: Direct whether to draft update to ordinance to allow adults to acquire a permit to operate special vehicles on City streets. Background Information: State statute 169.045 Sec. 169.045 MN Statutes does allow the City to allow, prohibit, or otherwise regulate special vehicles (including ATVs/UTVs) operating on City streets. City ordinance allows use of certain golf carts, side-by-sides, and UTVs by disabled persons with a permit issued under section 70.02 of the City Code: Hastings : Municipal Code (municipalcodeonline.com). Please note that the permit requires an approved application, including proof of insurance and a physician’s certificate. Additionally, the ordinance allows their use only during daylight hours and prohibits use during inclement weather or poor visibility conditions. Permitted vehicles are required to display a slow-moving vehicle emblem and a review mirror. Permits may be revoked, subject to appeal. The City’s ordinance dates to 1991, and potential revisions have come up several times in the past, including amendments approved in 2014 and 2015. As recently February 2020, the City Council considered but did not approve allowing special vehicles by non-disabled persons. In fall 2023, a resident similarly inquired about changing the ordinance to allow use by non-disabled persons either on all City streets or on specifically designated routes (similar to snowmobiles, which exit/enter the City). Public Safety Committee (Fox*, Haus, and Leifeld) met April 22 and July 8, 2024 and was generally supportive of the idea of amending section 70.02 of the City Code to allow adults to acquire a permit to operate special vehicles on City streets. Financial Impact: Not applicable Committee Discussion: Meetings April 22 and July 8, 2024 Attachments: City Code Section 70.02 Operation of Motorized Golf Carts, Four Wheel Side by Side All Terrain Vehicles, and Utility Task Vehicles on City Streets X-D-01 X-D-01 X-D-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION __________ A RESOLUTION ADOPTING THE PRELIMINARY 2025 CITY PROPERTY TAX LEVY, PRELIMINARY BUDGET, AND SETTING TRUTH IN TAXATION HEARING DATE WHEREAS, the City must annually prepare a budget that is responsive, responsible, and in alignment with our CORE values and strategic plan; and WHEREAS, departments prepare requests with are discussed and reviewed as a team and with the Finance Committee of the Council (Vihrachoff, Fox, Leifeld); and WHEREAS, the Finance Committee and the City Council have met several times over the last few months to discuss the preliminary budget information; and WHEREAS, the committee has directed the City Administrator and staff to prepare a preliminary 2025 tax levy and budget, a special levy, and set a truth in taxation hearing date; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a Proposed Property Tax Levy and City Budget to the County Auditor by September 30, 2024; and WHEREAS, City staff was directed to set the 2025 City Preliminary levy at $20,049,930, the Preliminary Budget at $42,274,045, and to schedule a truth in taxation public hearing date at 7:00 p.m. on Monday, December 2, 2024 in the City Council Chambers at Hastings City Hall, with a continuation date (if needed) of Monday, December 16, 2024; and WHEREAS, the City’s debt levy must increase by $359,145 due to more bonding projects than usual that were approved for the 2024 budget. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; that the preliminary Property Tax Levy of the City of Hastings, for the 2025 City Budget to be certified is hereby adopted. Adopted this 3rd day of September 2024. _______________________________ Attest: Mary Fasbender, Mayor _____________________ Kelly Murtaugh, City Clerk X-E-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION __________ A RESOLUTION APPROVING A PROPOSED 2025 HEDRA-HRA SPECIAL TAX LEVY WHEREAS, the Hastings Economic Development and Redevelopment Authority (the “Authority”) was created by the City Council of the City of Hastings (the “City”) pursuant to Minnesota Statutes, Sections 469.090 to 469.1081; and WHEREAS, the Authority was granted all of the powers of a municipal housing and redevelopment authority under Minnesota Statutes, Sections 469-001 to 469-047 (the “Act”); and WHEREAS, Section 469.033, Subdivision 6, of the Act, as amended, permits the Authority to levy and collect a special benefit tax of up to .0185 percent of taxable market value in the City upon all taxable property, real and personal, within the City; and WHEREAS, the Authority desires to levy such tax based upon the limit of .0185 % of the taxable market value; and WHEREAS, the levy of such a special benefit tax is subject to consent by Resolution of the City Council of the City of Hastings. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; that the City of Hastings HRA Special Levy be granted subject to the limit of .0185 percent of taxable market value as per Minnesota Statute. Adopted this 3rd day of September 2024. _______________________________ Mary Fasbender, Mayor Attest: _____________________ Kelly Murtaugh, City Clerk X-E-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 3, 2024 Item: PFAS Update Council Action Requested: Informational memo, no action requested at this time. Background Information Hastings has PFAS contamination in all six of our municipal wells (specifically PFOA in all six wells and PFOS in two wells). We’ve also now found PFOA levels at 16 ppt, which is over the EPA’s limit, in the future Well No. 9 site. The City has completed a Feasibility Study to consider alternatives to mitigate the PFAS. The study recommended construction of three decentralized water treatment plants for PFAS and Nitrate removal. The general plan is to build one WTP per year for three years. Design work has started for WTP 1 which is located in the Industrial Park, a commercial site. This WTP would serve the wells with the highest levels of PFAS and Nitrates. Several years ago, the City already installed watermain for a future WTP due to the Nitrate treatment being anticipated. This WTP will likely be put out for bids in early 2025. The current construction cost estimate is $68.9M with expectation to trend higher. Without financial assistance, water rates would need to double in two years and triple in four years. The City has been exploring and pursuing multiple opportunities to offset this “budget buster” expense. Key Updates Siting Study: The Feasibility Study is a planning document, geared toward functionality and cost effectiveness, not final sites. Public Works has begun a Siting Study to identify several potential sites for WTPs 2 and 3. There is a strong preference to avoid residential neighborhoods. They need to be vetted against engineering criteria such as proximity to water and sewer infrastructure, proximity to wells, adequately sized water mains, road access, and location within X-E-03 pressure zones. Then they can be modeled for feasibility and reviewed for cost estimates based on land acquisition and length of watermains and sewer mains that would be needed. Because several of these possible sites are private property, staff has begun meeting with property owners to gauge their interest in selling land to the City and to learn their concerns (such as relocation of a business). We would very much prefer they hear from us directly rather than to be surprised by their property being shown on a map in a public meeting. This study is being presented at the September 3 City Council meeting. I recommend following up during the next City Council meeting on September 16 with a closed session pursuant to Minnesota Statutes 13D.05 subd 3(c) to develop offers for purchase of real property. State Capital Budget: The City submitted PFAS Treatment & Raw Water Lines for consideration in the State’s 2024 Capital Budget due to the budget-busting expense, the fact that the treatment is to remove contamination/pollution caused by others, and the suddenness of new regulations preventing financial planning. Sen. Seeberger and Rep. Hudella indicated support and introduced SF 3161 and HF 3115. The legislative session ended May 20 without passage of a bonding bill. I expect we will renew our State Capital Budget Request for next session. Minnesota Veterans Home: The Minnesota Veterans Home is presently served by a private well, which also has PFAS exceeding the EPA limits. In discussions with leadership at the Veterans Home, we had the first phase of our project include design of an interconnection of the Veterans Home water system to the City’s water system, avoiding the need for the Veterans Home to construct and maintain a treatment plant for its private water system. Without state bonding to cover the first phase, the City cannot cover the cost of the interconnect. The Veterans Home is now conducting a feasibility study to determine whether to construct and maintain its own water treatment plant or to connect to the City water system. We offered that we could assess the connection at an estimated cost of $1.7M. Congressionally Directed Spending / Community Project Funding: In April, we submitted requests of Senator Klobuchar, Senator Smith, and Representative Craig for $10.3M (50%) of the first phase of the project. This amount is higher than typically funded. All three advanced our request to their respective Appropriations Committees; however, it was not approved through the Senate Appropriations Committee. As it worked through “mark up” by the Appropriations Committees, it is now proposed at a little over $1M. This is a first step and not a final decision. Senator Smith’s office said that approval would not occur until November at the earliest and potentially into 2025. X-E-03 PPL/IUP: In 2023, the City submitted the project for the State’s Drinking Water Revolving Fund Project Priority List (PPL). On May 1, 2024, we re-submitted to correct errors and to recognize new EPA regulations of MCLs for PFAS, which will result in our ranking at or near the top of the list. Additionally, we submitted the first two phases of the project for the Intended Use Plan (IUP) in early June. Although the Drinking Water Revolving Fund is not our preferred funding source, it has the possibility of a $3M Emerging Contaminants Grant for each phase. We believe that grant decisions will be in September-October. Water Rates: With budget planning for 2025 (including workshops on June 3 and June 17), we will need to discuss potential water rate increases, phasing, and timing. At present, the recommended budget includes a rate increase of 37.4%. This would be the first of several increases coinciding with construction of each of the three WTPs. In total, rates would double in two years and triple in four years without financial assistance. The City Council agreed that delaying the start of WTP 1 from bidding in September 2024 to February 2025 was best. This allows for possible decisions on recent funding applications, potential increases to water rates continue as part of the overall budget discussion for January implementation and offers more time for communication and transparency with residents. 3M Settlement: The 2018 Settlement Agreement provides grant money for drinking water projects “in the East Metropolitan Area.” It is not limited to any specifically named cities or townships and does not require a direction connection to one of the 3M disposal sites. Similarly, Minnesota’s Conceptual Drinking Water Supply Plan does not require a direct connection to one of the disposal sites. However, the State’s Co-Trustees (MPCA and DNR) have stated that a direct connection should be required and has excluded Hastings from funding under the Settlement Agreement. Although we disagree with the Co-Trustees’ interpretation, we value our relationship with them and have endeavored to not have this disagreement come between our mutual efforts. The MPCA has been helpful in conducting Phase I and II environmental site assessments, requesting 3M to conduct additional investigation of its disposal site and hydraulic modeling in the Hastings area, and has awarded a planning and design grant for Hastings to begin design engineering for the treatment plants. Additionally, the 2007 Consent Order does require a direct connection to one of the East Metro disposal sites. This is extra important since the Co-Trustees have recently said that the Settlement Funds will run out as they cover currently proposed East Metro projects, so they will be transitioning to the Consent Order in the next couple years. We believe the environmental studies have resulted in several lines of evidence of a connection of Well #5 to the 3M Cottage Grove site, specifically: updated Minnesota Geological Survey X-E-03 mapping of a fault in the bedrock, presence of HQ115/TFSI in Well #5, and additional water composition and PFOA chemical analyses. We met with the Co-Trustees and Attorney General’s Office in late July, and they agreed that there is a connection between Well #5 and 3M. They propose to use the Superfund process to require 3M to cover the costs associated with Well #5, and MPCA notified 3M of such in mid August. MPCA and 3M are presently discussing whether 3M voluntarily enroll as a responsible party in the Superfund program. Although it is exciting that we may receive some funding, Superfund is often a long process. The financial coverage and impact on our construction schedule are unknown until we might have a draft Superfund agreement. In the meantime, I anticipate the environmental investigations will continue as planned by the MPCA to determine connection and eligibility for the City’s other wells. 3M Cottage Grove Draft NPDES/SDS Permit: The MPCA is considering an updated wastewater permit for the 3M Cottage Grove facility. An advanced wastewater treatment system is proposed to treat the facility’s wastewater, stormwater, and cooling water; contaminated groundwater and leachate from a nearby landfill; water from a local power station; and decommissioning activities related to its incinerator. The permit would add new water quality protections for the Mississippi River and improve accountability through monitoring and reporting requirements, including removal of certain PFAS chemicals. On behalf of the City, I am submitting comments on the draft permit requesting 3M be financially responsible for damage it has already caused to Hastings drinking water and to the environment, stricter monitoring and regulation of discharge (particularly for PFAS), and greater public transparency. Financial Impact: Not applicable Committee Discussion: Not applicable Attachments: Not applicable X-E-03