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HomeMy WebLinkAbout20220620 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, June 20, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Proclamation: Make Music Day Presentation: Certificate of Appreciation – HEDRA Commissioner Martha Sullivan Hastings Arts Task Force, Barb Hollenbeck V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on June 6, 2022. 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. Resolution: Approve Renewal of Liquor Licenses for 2022 – 2023 Licensing Period 3. Resolution: Approve Renewal of Tobacco Licenses for 2022 – 2023 Licensing Period 4. Resolution: Approve New Tobacco License for Westview Smokes, Inc. dba Westview Smokes 5. Resolution: Approve Liquor License Modification for Pizza on 50th & France dba Carbone’s Pizza of Hastings 6. Resolution: Approve Dugarel’s Outdoor Music Tent and Liquor License Amendment Request 7. Resolution: Approve One-Day Temporary Liquor License and One-Day Charitable Gambling Permit Request for the Hastings Fire Relief Association for their 81st Annual Booya 8. Declare Surplus Property and Authorize for Public Sale 9. Approve Pay Estimate No. 1 for the 2022 Mill & Overlay Program – Minnesota Paving and Materials ($145,539.90) 10. Authorize Signature: Contract for Use of Fire Safety House for Safety Camp Agreement 11. Criminal Justice Service Agreement 12. 2022 Budget Amendments 13. Resolution: Approving Out of State Travel with Great River Rail Commission by Councilmember Vaughan 14. Memorandum of Agreement: Police Sergeant Base Wages 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 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. Presentation and Approval of 2021 Comprehensive Financial Report X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Variance – Accessory Building – Heselton (707 1st Street E.) 2. Resolution: Site Plan – KFC (1726 Vermillion Street) D. Public Safety E. Administration 1. DBA Music Series XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Tuesday, July 5, 2022 7:00 p.m. Proclamation Proclaiming June 21, 2022 as “Make Music Day” in the City of Hastings, Minnesota WHEREAS, The City of Hastings has declared Tuesday, June 21, as Make Music Day; And, WHEREAS, this is the sixth year the City of Hastings has celebrated Make Music Day. Make Music Day is a free celebration of music around the world on June 21st, beginning in 1982 in France, and is now held on the same day each year in more than 1,000 cities in 120 countries; And, WHEREAS, the purpose of Make Music Day is to encourage and invite Hastings residents and visitors to celebrate by enjoying free performances, cultivating civic pride and a sense of community; And, WHEREAS, Make Music Day 2022 will be held 7:00 a.m. – 9:00 p.m. at various Hastings Parks and the full schedule can be found on the City of Hastings webpage and social media platforms; And, WHEREAS, in case of inclement weather, Make Music Day will be held at the Hastings Civic Arena; And, WHEREAS, local and metro area bands and soloists will be donating their performance and volunteers are donating their time to help coordinate the event. The City of Hastings is appreciative of these civic minded performers & volunteers to help make this event possible; And, NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Hastings hereby declares June 21, 2022 as “Make Music Day” in Hastings, Minnesota. _____________________________ ____________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk TO: Mary Fasbender, Mayor, and Dan Wietecha, City Administrator, City of Hastings FROM: Barb Hollenbeck, Chair – Hastings Arts Task Force DATE: June 2, 2022 ITEM: Arts Task Force Recommends the establishment of an Arts and Culture Commission Dear Mayor Fasbender and Mr. Wietecha: After five months of research and discussion, the Hastings Arts Task Force recommends to the City Council the establishment of an Arts and Culture Commission. The Commission would advise the City Council on matters of policy and on issues and initiatives pertaining to artistic and cultural activities in the city. The Commission will advocate for arts and culture in Hastings and will work to ensure an inclusive and cross- cultural environment for all residents. The Task Force was asked to estimate the staffing and financial effects on the city of such a Commission. Below are the recommendations of the Task Force. • Staffing. The Task Force believes that the city should offer an existing staff member the staff liaison position with a stipend of $5,000 per annum to support the Commission. Alternatively, an independent contractor might fill the role at the same compensation. • Financial. The Task Force believes that the Commission would be composed entirely of volunteers and its budget would be minimal, needed only to meet routine administrative expenses – postage, printing, etc. However, the Task Force advocates that the city allot one percent (1%) of the funding presented in its annual Capital Improvement Plan to the pursuit of artistic and cultural endeavors. The Task Force was asked to prepare a work plan for the proposed Commission. This work plan is in the final stages of completion and will be submitted no later than June 24th. As a next step, the Arts Task Force would like to present to the Planning Committee of the City Council our draft of an ordinance establishing an Arts and Culture Commission. Will you please arrange this presentation for us? Sincerely, Barb Hollenbeck Arts Task Force Chair Arts & Culture Commission Charter Arts and Culture Commission Mission The Arts and Culture Commission will advise the City Council concerning arts and culture policies, public projects, issues and initiatives. The commission will advocate for arts and culture in Hastings and will work to ensure an inclusive and cross-cultural environment for all residents. Purpose. The purpose of the commission shall be to assist Hastings in becoming a community in which arts and cultural activities: A.Are recognized as vital components of community life that are worthy of investment and support from the public, private and non-profit sectors; B.Are valued and promoted for their economic benefits and development potential throughout the city; C.Include Hastings’ historic, existing and emerging cultural groups identity and sense of community; D.Support the goals of Hastings’ arts education and programs for young people; E.Engage the talents and involvement of retirees and senior citizens; F.Enhance the public perception of Hastings’ identity and quality of life in the community itself, the surrounding region, and beyond. G.Achieve a strong sense of place through beautification and the creative activation of arts and culture. Responsibilities. The commission shall be advisory to the city council and its responsibilities shall include the following: A.Develop, update, and recommend to the council a city mission, public agenda and strategic plan for arts and culture in Hastings; B.Provide leadership for completing the City’s Comprehensive Plan sections regarding arts and culture goals and planning, and provide ongoing input for plan revisions; C.Leverage individual, corporate, foundation and city funding for arts and cultural activities including assisting with the identification and submission of grant opportunities; D.Facilitate collaboration and joint planning among public and private agencies involved with related issues such as economic development, tourism, and arts education; E.Advise in the planning, acquisition and/or development of land and facilities by the city as needed to support Hastings’ arts and cultural activities and organizations; F.In cooperation with existing city departments and with the city council, develop and advocate design standards for city facilities, roadways, public areas, and private development, in order to advance a coherent image of Hastings as a place of unique aesthetic, architectural, and cultural identity; G.Plan and advocate funding in support of the creation and installation of public art in Hastings that enhances the city's appearance and artistic appeal; H.Foster inclusive and cross-cultural activities to help build community as Hastings continues to become more diverse. I.Develop policies, procedures and standards for evaluating offers of gifts of art made to the city and recommend that gifts of art be accepted or not accepted by the city council; J.Advise the city council and city departments on commissioning, placement and maintenance of works of art that have been purchased or accepted by the city, or which are owned by the city because they have been produced or created with public funds; K.Advise the city council and city departments on arts-related capital investments, plans, programs, and evaluations initiated by the city. Membership. A.The commission shall consist of up to seven volunteer members, who shall serve without financial compensation. One member shall be one youth voting member. B.Members may be nominated by the existing members of the commission and then approved by the city council. Members may be removed at the discretion of the commission and council. C.Members shall be appointed from each of the following sectors of the community, with an effort to include diversity in age, gender identity and race: a.Arts and cultural organizations; b.Local schools; c.Business community; d.Independent artists; and e.Community at-large. D.Members shall serve for three-year terms, except as otherwise provided herein with respect to youth members. Terms shall begin on January 1 and end on December 31, provided that a member shall continue to serve until a successor is appointed. An appointment to fill a midterm vacancy shall be made by the mayor for the duration of the term. The youth commission members shall be high school aged, grades nine through 12. The youth commission members shall be appointed for one-year terms in the same manner as other members of the commission. Youth commission member terms shall commence June 1 and expire the following May 31. E.Members may serve up to two successive terms, not including a partial term due to appointment to fill a vacancy. Members who serve two consecutive terms shall be ineligible for reappointment for one year following the completion of their second term. Officers powers and duties. A.At the first meeting of each year, members of the commission shall select by majority vote a chair, vice chair, and secretary to serve until the end of that year and until a successor is chosen. B.The chair shall: a.Set the agenda and preside at meetings of the commission; b.Call additional meetings as needed; c.Assign duties to commission members; d.Arrange meetings with other commissions, boards, and organizations from the public, private, and non-profit sectors as needed; e.Communicate with the city council and staff as needed; and f.Provide overall leadership to the commission in carrying out its purpose and responsibilities. C.In the absence of or at the request of the chair, the duties of the chair shall be performed by the vice chair, and in the absence of both the chair and vice chair, by the secretary. D.The secretary shall keep minutes and maintain permanent records of every meeting of the commission, and shall submit minutes for approval at each successive meeting. The secretary shall serve as correspondent for the commission. Copies of the minutes of all meetings shall be filed with the city clerk. Meetings. The commission shall meet at least monthly and as otherwise determined by the chair. A regular meeting may be canceled by the chair or a majority of the commission. Quorum. For the transaction of business at any meeting of the commission, a quorum consisting of at least one-half of all members shall be required. Staff support. The city shall provide a staff person to act as liaison to the commission, provide staff support, and help get recommendations of the commission on the agenda for consideration by the city council. Public art and culture program. A.Definitions. As used in this section, the following terms shall have the meanings herein set forth: 1.Public art means art assets, including outdoor sculpture and artwork integrated into physical public structures and environments. 2.Maintenance means regular routine inspection, repair, and care of artwork, such as cleaning and applying protective surface coatings. 3.Conservation means repair done to return artwork to its original condition and integrity, as necessitated by, for instance, flaws, neglect, aging, damage or vandalism. 4.Construction costs means the total amount appropriated for a city Capital Improvement Project less the actual costs of: i.real property acquisition, ii.demolition of existing structures, iii.environmental remediation, iv.equipment costs, and v.professional service fees, including but not limited to legal, architecture, engineering, and accounting fees. Final determination of construction costs are calculated at the time the city Capital Improvement Project is awarded to the general contractor. 5.Eligible Funds means a source of funds authorized by law or charter for a city Capital Improvement Project from which public art is not prohibited, limited or otherwise restricted as an expenditure. B.Powers and duties of the commission as relating to this section. 1.Subject to the provisions of this section and applicable law and charter relating to expenditures for the arts, the city staff shall be responsible for administering the city's public art program with the assistance of the Arts and Culture Commission, as outlined in this ordinance and other related City Council adopted policies. 2.City staff, in consultation with The Arts and Culture Commission, shall prepare an annual fiscal year report to the city council presented no later than March annually which shall include at least the following: a.a description of the artwork completed, obtained or commenced in the previous year; b.a description of cultural events sponsored by the commission c.a description of the city Capital Improvement Projects designated for inclusion of public art by the city council in the upcoming year and of the funding source; and d.a budget for the income and expenditures for such city Capital Improvement Projects and cultural events. 3.The Arts and Culture Commission shall work together with City staff to review and make recommendations to the city council regarding artwork proposed for permanent or long-term placement on city property to determine an appropriate location for the placement of the artwork. Artwork to be placed in a museum or gallery is excepted from this process. To make the determination, the Arts and Culture Commission may examine the artwork itself or a design or model of the same. In any case in which the city council and the commission cannot agree on the location of placement of such works, the alternatives shall be presented for city council determination. 4.Prior to moving or removing any artwork placed in, on or about city property pursuant to the public art program, city staff shall first submit such proposed change to the Arts and Culture Commission for a report and recommendation about a new space for the artwork or alternatives to moving it. In any case in which the city council and the commission cannot agree on issues related to the relocation or removal of the artwork, the alternatives shall be presented for city council determination. 5.To encourage broad community participation in the public art and culture program and to ensure artwork of the highest quality, the Arts and Culture Commission may solicit the participation of community representatives and professionals in the visual arts and design fields as part of the artist and artwork selection process for particular Public Art projects in accordance with the size and complexity of the Public Art projects. These advisors may assist the commission in the selection of artists, Public Art project oversight and other related purposes, but shall have no vote on matters coming before the Arts and Culture Commission. These advisors, as well as select city staff and Arts and Culture Commissioners, will comprise the Public Art Review Committee. 6.During the design phase of artwork, City staff shall determine the maintenance requirements of every artwork, recommend to the responsible department the type, frequency and extent of maintenance required to preserve the quality and value of every artwork, and inspect such maintenance work for the guidance of the city departments concerned. It is the responsibility of the site manager or appropriate department head to provide for the maintenance of artwork in their routine site maintenance program. C.Administration of eligible funds. 1.The working budget of the Arts and Culture Commission shall be equal to 1% of the city’s annual Capital Improvement Plan to be used for public art. The City shall appropriate the corresponding amount as eligible funds, defined above. 2.The city’s Finance Director shall deposit appropriated eligible funds into a Public Art Account. Unspent funds from a fiscal year shall roll forward into succeeding years. 3.Disbursements from the Public Art Account shall be used for the purposes for which the account is intended and made in accordance with existing City procedures. A record of disbursements shall be prepared by the Commission’s Staff Liaison and presented at monthly Art and Culture Commission meetings. 4.Eligible funds may be used for but not limited to the planning, selection, acquisition, purchase, commissioning, fabrication, siting, placement, installation, conservation, maintenance, exhibition, or display of Public Art. 5.Where practical, public works of art shall be included into the planning of capital improvement projects. D. Definitions. “Culture” and “cultural events” refer to public events and activities, meaningful to the community and generally of an intangible nature. Common examples are concerts, dramas, and other performances; art fairs and food festivals; events of nostalgia and remembrance; and celebrations of heritage. Powers and duties ●The Arts and Culture Commission shall solicit and evaluate proposals for cultural events being programmed by city staff or when outside entities are requesting city sponsorship. The Commission shall work with city staff to evaluate the feasibility of selected proposals. Proposals of demonstrated value and feasibility shall be forwarded by the Commission to the City Council for approval in principle. Events approved in principle shall be returned to the sponsoring organization for detailed planning. The Commission and city staff shall review the detailed plans with particular emphasis on identifying needed city resources. The Commission shall forward approved plans to the City Council for final approval and appropriation of funding. ●All intellectual property and associated rights to it shall remain vested with the sponsoring organization. Sec. 2-365. Ownership of artwork. All artwork acquired pursuant to this section shall be acquired in the name of the city and title, if applicable, shall vest in the city. Secs. 2-366—2-374. - Reserved. SECTION 2: This Ordinance shall take effect thirty days after its publication. Arts & Culture Commission Staff Liaison SALARY: $192.31 Biweekly DEPARTMENT/DIVISION: Administration OPENING DATE: 02/24/22 CLOSING DATE: 03/04/22 JOB SUMMARY: The staff liaison performs routine to skilled administrative services for the assigned Board & Commission. Creates agendas and other supporting materials, creates public notices, attend assigned evening Board & Commission meetings, supports the Council liaisons needs, and facilitates communications from the Board to the City Council and/or City Administration. Commission Details: The Arts and Culture Commission will advise the City Council concerning Arts and Culture policies, public projects, issues and initiatives and will be a fierce advocate for Arts and Culture in Red Wing. The Commission will work to ensure an inclusive and cross-cultural environment to help build community. The Commission shall work to further the City's Arts and Culture vision statement: Red Wing thrives as a creative regional arts and culture hub where everyone can participate. The Arts & Culture Commission holds regular meetings on the First Thursday of even months at 5:00 p.m. in the City Council Chambers at City Hall, 315 West 4th Street. The liaison is an appointment with the duration period of one year. Appointment is projected to require about 5 hours a week on average. ESSENTIAL JOB FUNCTIONS: ●Support the members of the Commission as they work to form their annual work plan and advise as requested on their initiatives. ●Answer Board & Commission requests for information or refer to appropriate department. ●Provide guidance on issues they want bring forward. ●Consults Council liaison and Board Chair for agenda items for regular meetings. ●Coordinates with Administrative Support Manager on meeting room needs. ●Supports Mayor by communication Board & Commission member vacancies or other needs. ●Prepares agenda items for Board & Commission meeting including packet distribution as directed. ●Provides a copy of the regular meeting agenda and all supporting materials to each Board & Commission member, either electronically or in paper form. ●Creates public notice and publishes at least 72 hours prior to the meeting. ●Provides a copy of the meeting agenda and appropriate supporting materials to the press and City Council. ●Communicates with Board members prior to meeting on any special requests or needs. ●Staffs Board & Commission evening meetings. May be required to attend City Council meetings and other Board events on evenings or weekends. ●Maintains attendance of Board & Commission meeting and notifies Mayor of attendance concerns. ●Ensure minutes are accurate and appropriately stored. ●Coordinates any technology needs between the Board member and appropriate City staff ●Maintain copy of agenda supporting materials, make the same available for public inspection and provide a copy to the Clerk Receptionist ●Ensure Board & Commission website pages are accurate. ●Make payments for goods and services delivered or performed as per contract conditions prior to Board & Commission meetings at his/her discretion and upon approval, as appropriate, by the various affected department heads. ●Provide a regular report on fiscal status, if appropriate, to the Board & Commission. EXPERIENCE, EDUCATION, CERTIFICATIONS, PHYSICAL REQUIREMENTS: Physical Requirements: Must be able to see and hear to answer telephone and respond to callers. Lift up to 25 pounds. Normal office environment. KNOWLEDGE, SKILLS AND ABILITIES: Knowledge General business practices. Thorough understanding of City’s functions, policies, and procedures. Skills Strong written and oral communications and relational skills. Word processing including spreadsheet and databases. Operate a variety of office equipment, including computer terminal, printer, calculator, fax, and copier. Abilities Attention to details with reports and record generation and administration. Follow and relay oral and written instructions, policies, and procedures. Develop and maintain cooperative working relationships with a diverse group of associates including other professionals at the local, state, and national level and those providing services to the City. Maintain confidentiality. Work with multiple interruptions. LETTER OF INTEREST MAY BE FILED ONLINE AT: https://www.governmentjobs.com/careers/ciredwingmn/promotionaljobs 315 West 4th Street Red Wing, MN 55066 651-385-3698 human.resources@ci.red-wing.mn.us 2022 Arts and Culture Commission Work plan Goals & Objectives Vitality ●Foster synergies between the creative sector and other non-arts businesses and public institutions (e.g. the Downtown Business Association) ○Identify ways to collaborate with the city and other organizations (e.g. BR4R) to highlight the city’s history in the Pioneer Room and other historical exhibits at City Hall ○Determine how to highlight, preserve and expand artworks at City Hall ●Focus resources and efforts on sustaining and growing Hastings’s community of artist entrepreneurs, creative businesses, and arts and cultural nonprofit organizations ○Identify and address barriers to hosting special or pop-up arts and cultural events ●Leverage the city’s arts and cultural assets to stimulate interest in Hastings from visitors, new businesses, a younger skilled creative workforce, and a younger demographic of households ○Explore options for an Arts Walk, Garden/Porch Tour, and/or Historic Homes Tour Placefulness ●Promote an inclusive place identity drawing on the city’s rich and diverse history, heritage, and arts and cultural assets; to attract visitors and to welcome residents and businesses ○Investigate options for mural projects at the Arden Mill, Civic Arena and other locations ○Explore options for a Sculpture Park in River Walk / River Flats area ●Sustain and grow the inventory of distinctive public art and architectural assets in Hastings including but not limited to City Hall ○Investigate textile / fiber art options for City Hall’s Community Room to beautify and help with sound issues (e.g. quilts, tapestries, soft sculptures, etc.) ●Animate the physical realm with beautification efforts throughout the city, crafting distinctiveness through community design and cultural references for district identification (neighborhoods) ○Identify Hasting’s distinct districts/neighborhoods and brainstorm options for expressing individual identity ○Provide input in the Highway 61 Rebuild Project (Vermillion Corridor) ○Investigate options for Art Park Benches such as memorial benches that include a QR code with the donor’s life story Engagement ●Foster a diversity of accessible opportunities for cultural expression and exchange to build community cohesiveness, understanding, and well-being ○Create a regularly occurring networking gathering / meet & greet for the arts community and interested individuals, organizations, and businesses to identify opportunities and create plans ●Expand opportunities to engage in a multiplicity of arts and cultural experiences for all members of the community regardless of age, gender, household income, race or ethnic background, or ability ○Consult with indigenous and historical relevant communities to ensure all new installations are sensitive to their history ○Collaborate on the Longer Table Event ●Enable accessible opportunities for lifelong learning in the arts, from youth to senior programming ○Continue the Rec + Art + Police Summer Program Operational Goals ●Build and maintain a database of local artists and arts organizations ●Create policies and procedures for donations and/or art loans ●Determine where the new Hastings Arts and Culture Events Calendar resides (City of Hastings or Chamber of Commerce / Tourism Board) ●Take inventory of all city owned art assets, create a database of all art assets ●Develop a care and maintenance plan for all city owned art assets ●Develop a plan for the installation of future art assets ●Assess, inventory, market and promote the wealth of arts and cultural assets, opportunities, and activities that exist in Hastings, within the city and wider region (e.g. art walking tour map) ●Identify, cultivate and strategize with arts and cultural allies to build stronger and more visible networks of opportunity to grow the creative economy, arts and cultural experiences, and educational activities in Hastings ●Explore public, private and philanthropic partnerships that engage the creative sector, inviting arts and cultural leaders to conversations about policy and resource allocations Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes June 6, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 6, 2022 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 Braucks, Folch, Fox, Leifeld, and Vaughan. Members Absent: Councilmember Lund Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Fire Chief John Townsend Proclamation: LGBTW+ Pride Month Mayor Fasbender and City Councilmembers read the proclamation. New Employee Introductions Charlie Judge, Facilities Manager Shawn Shorey, Building Inspector Wietecha welcomed Judge and Hinzman introduced Shorey. Employee Promotion Introductions Jamie Stevens, Firefighter/Fire Inspector Robert Wargo, Paid On-Call Firefighter Lieutenant Tim Likes, Paid On-Call Firefighter Lieutenant Jeremy Bickner, Paid On-Call Firefighter Lieutenant Chief Townsend introduced Wargo, Likes, Bickner, and Stevens. Pleasant Hill Library Presentation, Branch Manager Julia Carlis Carlis provided Council with an update of the new and ongoing activities and events at the Pleasant Hill Library and other Dakota County Libraries. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting on May 16, 2022. Minutes were approved as presented. Consent Agenda 1. Pay Bills as Audited 2. Resolution No. 06-01-22: Accept Donation from the Warner Family and Friends for a Memorial Bench 3. Resolution No. 06-02-22: Approve MN GreenCorps Member Host Site Agreement 4. Resolution No. 06-03-22: Approve One-Day Gambling Permit for YMCA of the North 5. Appoint HEDRA Commissioner – Item pulled from Consent, moved to X. Reports from City Staff, E. Administration 6. Authorize Signature: Joint Powers Agreement – Building Official Delegation 7.Authorize Signature: Utility Abandonment Agreement – Vermillion Acres 8.Resolution No. 06-04-22: Type II Home Occupation Permit – Paul and Shannon Schmitz – E Bike Rental (420 6th Street East) 9.Authorize Signature: Terminate Joint Powers Agreement – Prior Agreement for Criminal Justice Network 10.Special Event Designation and Temporary Liquor License for 2022 Rivertown Days 11.Special Event Designation and Temporary Liquor License for Relay for Life 12.Special Event Designation: 4th of July Parade and Fireworks 13.Declare Surplus Property and Authorize for Public Sale – 1993 Fire Engine #3 14.Resolution No. 06-05-22: Authorizing Budget for City Hall Dome / HVAC Project Councilmember Leifeld motioned to approve as presented, pulling #5 from Consent Agenda, seconded by Councilmember Braucks. 6 Ayes, 0 Nays Continued - Appeal of Administrative Decision: Hudella (15213 Ravenna Tr.) Hinzman presented the request of Shane Hudella owner of 15213 Ravenna Trail to appeal the decision that a cable rail fence constructed around a swimming pool is in violation of Hastings City Code Section 155.05, Subd. F.4. Performance Pools and Spas (PPS) applied for a building permit to construct an in-ground pool at fence on behalf of Mr. Hudella on February 17, 2021. The permit identified the placement of the pool and fence, but did not indicate that the fence would be cable railed. The fence was inspected after construction and it determined it did not meet City Code because it was climbable. Council moved to table the discussion at the May 16, 2022 regular City Council meeting. Councilmember Fox motioned to remove the discussion from table, seconded by Councilmember Leifeld. 6 Ayes, 0 Nays. Council discussion on who pulls permits and if they are transferrable from a company to a homeowner. Hinzman said this was an uncommon occurrence. Vaughan recommended the resolution state that as long as the safety cover is in place, the fence is permittable. Vaughan commented on the process failures with this situation. Leifeld agreed with Councilmember Vaughan’s statements and recommended review of the wording in Ordinance. Councilmember Braucks questioned how we would avoid this situation in the future, and if updating the process for permitting is feasible. Hinzman responded that the fence handout could be clearer as to what is allowable versus not allowable. Braucks asked how can we improve clarity for the future by revisiting Ordinance and updating materials. Hinzman stated that what ended up being constructed by the applicant was not constructed in a manner in which the permit was approved. Hinzman commented on how over time, safety covers can age and pose safety hazards. Wietecha commented on the specifics from Ordinance that are included in the fence brochure. Wietecha indicated that a pool cover is not currently included in Ordinance as an exception and clarified the issue at hand, which is the fence being climbable. Councilmember Folch asked if this item can be brought to a Council Committee for further review and conversation. Folch shared thoughts on previous items brought to Council where language in Ordinance could have been clearer. Councilmember Fox shared the difficulty this decision brings. Fox shared their experience with similarly constructed fences within their business and seeing that they are climbable. Leifeld shared their appreciation for the conversation between Councilmembers.Folch asked for clarification on other permits that have been approved in the past that did not meet Ordinance and asked about any liability to the City in overturning the staff decision. Land indicated that it is difficult to predict and may depend on a defensible Council decision. Fasbender pointed out the general agreement of the fence being deemed climbable. Fasbender asked Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes if there is a way to allow this because the pool cover is in place. Land shared different perspectives to this situation and what direction would need to be taken moving forward. Leifeld asked what the City is hoping to accomplish with Ordinance. Hinzman clarified that this Ordinance is related to pool fences specifically and that Ordinance is in place for protective issue. Hinzman reviewed the provisions specifically related to pool fences. Leifeld commented on the complexity of the issue and agreed with Councilmember Vaughan and suggested the Ordinance go to Council Committee immediately. Folch shared there are many different kinds of chain link materials and expressed support of staff decision. Braucks agreed that precedence is not a reason to continue improper decisions. Councilmember Fox motioned to approve as presented, seconded by Councilmember Braucks. Ayes 4; Nays 2 (Leifeld, Vaughan). Motion prevails in support of staff decision. Appoint HEDRA Commissioner This item was moved from Consent by request of Councilmember Folch. Hinzman provided an overview of HEDRA interview committee recommendation of Mr. Anderson. Council discussion on the strength of the candidate for a member of HEDRA. Folch shared their perspective of the interview process previously with Mr. Anderson. Folch shared their concern for the lack of information available on the application form and how it may put applicants at a disadvantage in demonstrating how well qualified they may be for a commission. Folch asked that the application and the process be reviewed. Vaughan shared the importance of all commissions across City government. Vaughan shared that the application is one step in the overall process, applicants are also interviewed so they have the opportunity to share more information. Vaughan shared that the City could do better at how we use our commissions. Braucks stated that questions or concerns about a process may not need to be addressed at a public meeting. Folch clarified the reasoning for wanting to discuss this item. Councilmember Folch motioned to approve Mr. Anderson for HEDRA appointment effective June 8, 2022, seconded by Councilmember Vaughan. 6 Ayes, 0 Nays Request from Councilmember Councilmember Leifeld requested that a topic for discussion on an upcoming agenda be to consider amending the Friday night street closure permit to allow liquor. Announcements • On Tuesday, June 7, Join us for the Summer Kick-Off to our 2022 Levee Park Events–live music, Bollywood dance, inflatables, face painting, caricature artist, balloon artist, and more. All ages are welcome to this free event. • Makers Alleyway Market will be between Sibley and Ramsey Streets on Thursday, June 9 and 16. Support area makers and artisans within our historic downtown and riverfront park by shopping at the markets. • Summer Programs at Levee Park… o Thursday, June 9, Music in the Park with “Divas Through the Decades.” Supported by the Ruth and George Doffing Charitable Fund. o Wednesday, June 15, Storytime in the Park is “Rhymes.” A partnership with Pleasant Hill Library. o Thursday, June 16, Music in the Park with “The Lonesome Losers.” Supported by the Ruth and George Doffing Charitable Fund. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Meetings • HEDRA Meeting on Tuesday June 7, 2022 at 7:00 AM • Arts Task Force Meeting on Wednesday June 8, 2022 at 6:00 PM • Planning Commission Meeting on Monday June 13, 2022 at 7:00 PM • Parks and Recreation Commission Meeting on Tuesday June 14, 2022 at 7:00 PM • Public Safety Advisory Commission Meeting on Thursday June 16, 2022 at 6:30 PM • City Council Workshop on Monday June 20, 2022 at 5:30 PM • City Council Regular Meeting on Monday June 20, 2022 at 7:00 PM Councilmember Braucks motioned to adjourn the meeting at 8:16 PM, seconded by Councilmember Leifeld. Ayes 6; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 06/16/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of May 2022 CenterPoint & Xcel payments. Council review of weekly routine disbursements issued 06/14/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 06/21/2022. 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: May 2022 Xcel Payments $ 40,494.94 May 2022 CenterPoint Payment $ 22,844.38 Disbursement Checks, EFT on 06/14/2022 $ 440,232.92 Disbursement Checks & EFT to be issued on 06/21/2022 $ 433,075.14 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 1,938.55 2-May 101-140-1403-6343 51-6960208-0 1,834.06 12-May 101-140-1404-6343 51-8110141-1 466.05 13-May 101-140-1407-6343 51-6960219-3 61.61 10-May 101-201-2016-6343 51-6960210-4 140.86 12-May 101-300-3100-6343 51-6960210-4 704.28 12-May 101-301-3200-6343 51-0263715-0 476.28 13-May 101-302-3201-6343 51-0011278454-9 86.81 13-May 101-302-3201-6343 51-6960218-2 14,916.94 19-May 101-302-3201-6343 51-6960215-9 1,314.62 9-May 200-401-4440-6343 51-0011082067-5 202.90 13-May 200-401-4440-6343 51-0010048093-4 16.38 13-May 200-401-4440-6343 51-6960220-6 843.50 10-May 200-401-4447-6343 51-6960209-1 221.11 27-May 201-401-4240-6343 51-6960214-8 955.16 10-May 213-210-2100-6343 51-7216831-9 453.18 13-May 220-450-4160-6343 51-6960216-0 9,320.79 3-May 600-300-3300-6343 51-6960210-4 563.43 12-May 600-300-3300-6343 51-6960216-0 3,985.17 3-May 600-300-3302-6343 51-6960217-1 1,993.26 9-May 601-300-3400-6343 TOTAL 40,494.94 XCEL AUTOMATIC PAYMENTS May 2022 Payments VIII-01 Police 101-140-1403-6345 79.70 City Hall 101-140-1404-6345 3,014.91 City Storage 101-140-1407-6345 963.01 Alt Learning Ctr 101-401-4143-6345 306.56 Parks 200-401-4440-6345 702.03 Jt Maint 200-401-4447-6345 5,141.50 Pool 201-401-4240-6345 219.55 Fire 213-210-2100-6345 1,984.44 Le Duc 220-450-4160-6345 957.24 Water 600-300-3300-6345 1,688.12 Water 600-300-3302-6345 463.85 Garage 601-300-3400-6345 1,295.19 Arena 615-401-4103-6345 6,028.28 TOTAL 22,844.38 CENTERPOINT ENERGY May 2022 Payment VIII-01 06-10-2022 12:46 AM Council Report JUNE 14TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM APR 22 LODGING TAX 4,391.01 METROPOLITAN COUNCIL ENVIRONMENTAL SER MAY 2022 SAC 12,300.75_ TOTAL: 16,691.76 ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 22.10_ TOTAL: 22.10 CITY CLERK GENERAL I/O SOLUTIONS, INC. ANSWER SHEET SCORING 70.00 ANSWER SHEETS 10.00 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 13.20 JULY 2022 LTD PREMIUM 46.47 MINNESOTA OCCUPATIONAL HEALTH MAY 22 TESTING 768.00 GOODHIRE MAY 2022 SERVICES 1,980.00 AIM ELECTRONICS DIGITAL SIGN SERVICE 2,029.95 GRAPHIC DESIGN RIVERTOWN NEWSLETTER SUMME 2,605.66 SUMMER 22 KIOSK SIGNS 339.00_ TOTAL: 7,862.28 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 63.78_ TOTAL: 63.78 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. LEGAL SERVICES MAY 22 2,258.50 LEGAL SERVICES MAY 22 45.00 LEGAL SERVICES MAY 22 15.00 LEGAL SERVICES MAY 22 1,187.15 LEGAL SERVICES MAY 22 1,260.00 LEGAL SERVICES MAY 22 1,395.00 LEGAL SERVICES MAY 22 1,425.00 LEGAL SERVICES MAY 22 522.50 LEGAL SERVICES MAY 22 45.00 LEGAL SERVICES MAY 22 274.50 LEGAL SERVICES MAY 22 164.00_ TOTAL: 8,591.65 FACILITY MANAGEMENT GENERAL VALLEY CHEVROLET OF HASTINGS, INC. HOSE 268.30 LINK 83.24 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 11.62 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 44.82 DALCO TOWELS AND LINERS 356.05 TOWELS AND LINERS 356.05 ELECTRO WATCHMAN, INC TRAINING 174.36 TERRYS HARDWARE, INC. CEMENT, CONDUIT, BUSHING 17.06 ZIEGLER, INC. PD GENERATOR SERVICE 1,061.44_ TOTAL: 2,372.94 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 18.83 DAKOTA COUNTY PROPERTY RECORDS RECORDING 138.00 RECORDING 92.00_ TOTAL: 248.83 I.T. GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 49.99 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 0.00_ TOTAL: 49.99 POLICE GENERAL DAKOTA COMMUNICATIONS CENTER DCC FEE JULY 22 27,794.00 LOGIS/LOCAL GOVERNMENT INFORMATION SYS NETWORK SERVICES THRU 5/28 292.50 VIII-01 06-10-2022 12:46 AM Council Report JUNE 14TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ MEMBER LICENSING 2,001.00 TRANSLANGUAGES LLC INTERPRETING SERVICES 460.00 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 557.53 MED COMPASS HEARING TESTS 918.55 VITALS AWARE SERVICES, INC. VITALS 2022 3,300.00 MARIE RIDGEWAY LICSW LLC THERAPY SESSION 160.00 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 4,390.69 DAKOTA ELECTRIC ASSN ELECTRIC 18.34_ TOTAL: 39,892.61 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 64.30 JULY 2022 LTD PREMIUM 14.77 KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 6,796.00 METRO SALES, INC SMALL FORMAT SCANNING 2,768.46 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 305.95 APRIL 22 FUEL 0.00_ TOTAL: 9,949.48 PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 39.83 FOCUS ENGINEERING, INC. MAY 2022 SERVICES 7,734.25 MAY 2022 SERVICES 1,158.25 MAY 2022 SERVICES 2,457.75 ARROW BUILDING CENTER POINTED LATH - 2 BUNDLES 62.20 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 45.43_ TOTAL: 11,497.71 PUBLIC WORKS STREETS GENERAL R J SAYERS DISTRIBUTING PRESSURE WASHER 6,975.95 SOCKETS 34.02 VALLEY WELDING & MACHINE ALUMINUM FLATS, VALVE HOLE 185.00 RCM SPECIALTIES, INC. EMULSION 586.04 PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 180.00 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 68.62 FOCUS ENGINEERING, INC. MAY 2022 SERVICES 1,892.75 MAY 2022 SERVICES 593.25 THE LIFT MAN PW/PARKS LIFT INSPECTIONS 200.00 NAPA AUTO PARTS SCAN TOOL 600.00 TOGGLE 3.51 ANTIFREEZE 23.49 OUTLAW IRON LAWN CARE LLC MAY 22 MOWING 2,700.00 J & S REPAIR INC. RUBBER TRACK 5,035.16 MISCELLANEOUS V DON ALLISON DON ALLISON : MAILBOX REIM 75.00 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 3,012.21_ TOTAL: 22,165.00 PUBLIC WORKS STR. LIGH GENERAL VIKING ELECTRIC SUPPLY LIGHTING 172.32_ TOTAL: 172.32 PARKS & RECREATION GENERAL GRAPHIC DESIGN RIVERTOWN NEWSLETTER SUMME 1,302.83 HASTINGS SCHOOL DISTRICT #200 TILDEN COST SHARING JUNE 2 2,500.00_ TOTAL: 3,802.83 PARKS & RECREATION PARKS SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 152.51 THE LIFT MAN PW/PARKS LIFT INSPECTIONS 100.00 SOUTHERN EXPRESS BAND JUNE 23RD MUSIC IN THE PAR 900.00 GRAPHIC DESIGN RIVERTOWN NEWSLETTER SUMME 1,302.83 ENVELOPES FOR PARKS 352.00 VIII-01 06-10-2022 12:46 AM Council Report JUNE 14TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ BANNER FOR MUSIC IN THE PA 250.00 HASTINGS VEHICLE REGIS. 2016 FORD PICKUP TITLE/REG 200.37_ TOTAL: 3,257.71 PARKS & RECREATION AQUATIC CENTER MN CPR, LLC LIFEGUARD TRAINING INSTRUC 1,200.00 DALCO TOWEL CREDIT 323.96- PAPER TOWELS, TP, SOAP, TI 825.99 SPRAY BOTTLES 11.24 PAPER TOWELS, CAN LINERS, 1,127.38 RYAN MECHANICAL INC 2021 POOL PROJECT FINAL IN 10,000.00_ TOTAL: 12,840.65 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 2.33_ TOTAL: 2.33 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 4.42_ TOTAL: 4.42 FIRE FIRE & AMBULANCE DAKOTA COMMUNICATIONS CENTER DCC FEE JULY 22 13,897.00 IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 MONTHLY FEE 281.39 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 58.92 HOMETOWN ACE HARDWARE FASTNERS 3.00 MIDWEST MACHINERY CO STARTER COVE 82.92 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 1,142.02 MACQUEEN EQUIPMENT, INC. BUTTON ASSEMBLIES 164.56_ TOTAL: 16,304.81 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 233.97 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 1,731.72 LINDE GAS & EQUIPMENT INC. OXYGEN 136.34 ZOLL MEDICAL CORP ADULT CUFFS 535.44_ TOTAL: 2,637.47 LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 2.05_ TOTAL: 2.05 ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 34.21_ TOTAL: 34.21 NON DEPARTMENTAL PW Cold Storage Bu FOCUS ENGINEERING, INC. MAY 2022 SERVICES 1,299.50_ TOTAL: 1,299.50 PUBLIC WORKS 2022 IMPROVEMENTS FOCUS ENGINEERING, INC. MAY 2022 SERVICES 1,525.50_ TOTAL: 1,525.50 NON-DEPARTMENTAL WATER MISCELLANEOUS V WINKLER, JASON/DANA 07-116000-03 6.24 REGISTER, SUE 07-231000-00 92.83 NAVARRETTE, ANNAMARI 13-370000-02 70.73 REGENSCHIED, SCOTT/K 13-497540-03 132.22 MN DEPARTMENT OF HEALTH 2ND QUARTER MN TESTING FEE 18,166.00_ TOTAL: 18,468.02 PUBLIC WORKS WATER IN CONTROL, INC. WELL #4 ENGINEERING SERVIC 298.00 TITAN ENERGY SYSTEMS INC. LABOR 427.50 E. H. RENNER & SONS, INC. WELL #4 REHAB AND PARTS 47,509.68 VIII-01 06-10-2022 12:46 AM Council Report JUNE 14TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ WELL #2 GASKET, EXPANSION 4,053.75 SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 70.63 FOCUS ENGINEERING, INC. MAY 2022 SERVICES 847.50 CUMMINS SALES & SERVICE UPPER ENGINE GASKET, HEAD, 9,754.59 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 1,233.16 DAKOTA ELECTRIC ASSN ELECTRIC 73.52 GOPHER STATE ONE-CALL INC LOCATES - MAY 22 432.00_ TOTAL: 64,700.33 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 50.25 FOCUS ENGINEERING, INC. MAY 2022 SERVICES 1,017.00 DAKOTA COUNTY TREAS-AUDITOR APRIL 22 FUEL 0.00 DAKOTA ELECTRIC ASSN ELECTRIC 157.54 ELECTRIC 80.42_ TOTAL: 1,305.21 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 51.81 FOCUS ENGINEERING, INC. MAY 2022 SERVICES 819.25_ TOTAL: 871.06 PARKS & RECREATION ARENA SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 30.27 SHERWIN-WILLIAMS PAINTING SUPPLIES 371.87_ TOTAL: 402.14 PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA JULY 2022 LTD PREMIUM 6.52 K.R. WEST CO. INC. RESERVOIR BREATHERS 386.96_ TOTAL: 393.48 MISCELLANEOUS INSURANCE FUND LEAGUE MN CITIES INSURANCE TRUST Q2 W/C PREMIUM 119,197.00 Q2 INSURANCE PREMIUM 2022 69,389.00_ TOTAL: 188,586.00 NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. MAY 2022 SERVICES 254.25 MAY 2022 SERVICES 84.75 MAY 2022 SERVICES 84.75 MAY 2022 SERVICES 791.00 MAY 2022 SERVICES 734.50 MAY 2022 SERVICES 113.00 MAY 2022 SERVICES 226.00 MAY 2022 SERVICES 339.00 LEVANDER, GILLEN & MILLER, P.A. LEGAL SERVICES MAY 22 45.00 LEGAL SERVICES MAY 22 82.00 LEGAL SERVICES MAY 22 499.00 LEGAL SERVICES MAY 22 39.00 LEGAL SERVICES MAY 22 922.50_ TOTAL: 4,214.75 VIII-01 06-10-2022 12:46 AM Council Report JUNE 14TH PYMTS, 2022 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 123,383.28 200 PARKS 3,257.71 201 AQUATIC CENTER 12,840.65 205 CABLE TV 2.33 210 HERITAGE PRESERVATION 4.42 213 FIRE & AMBULANCE 18,942.28 220 LEDUC HISTORIC ESTATE 2.05 407 HEDRA 34.21 416 PW Cold Storage Building 1,299.50 482 2022 IMPROVEMENTS 1,525.50 600 WATER 83,168.35 601 WASTEWATER 1,305.21 603 STORM WATER UTILITY 871.06 615 ARENA 402.14 620 HYDRO ELECTRIC 393.48 705 INSURANCE FUND 188,586.00 807 ESCROW - DEV/ENG/TIF-HRA 4,214.75 -------------------------------------------- GRAND TOTAL: 440,232.92 -------------------------------------------- TOTAL PAGES: 5 VIII-01 06-15-2022 09:23 PM Council Report JUNE 21ST PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL MISCELLANEOUS V WAL-MART STORE #1472 1 -00616 350.00 METROPOLITAN COUNCIL ENVIRONMENTAL SER SAC DEFERRAL - LIGHTBOURN 443.09_ TOTAL: 793.09 COUNCIL & MAYOR GENERAL TINA FOLCH FOLCH - REIMBURSEMENT 449.00_ TOTAL: 449.00 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 16.36 GRAPHIC DESIGN THANK YOU CARDS 167.00_ TOTAL: 183.36 FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 40.74 ASHLEY BERTRAND BERTRAND - CONFERENCE 35.57 BERTRAND - CONFERENCE 1,346.96 BERTRAND - CONFERENCE 574.52 CHRIS C EITEMILLER EITEMILLER - CONFERENCE 208.00 EITEMILLER - CONFERENCE 17.00_ TOTAL: 2,222.79 LEGAL GENERAL CAMPBELL KNUTSON, P.A. MAY 22 LEGAL FEES 13,221.34_ TOTAL: 13,221.34 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. AIR DRYER REPAIR 634.25 TERRYS HARDWARE, INC. SUPPLIES 153.56 SUPPLIES 116.98_ TOTAL: 904.79 I.T. GENERAL OFFICE OF MN.IT SERVICES WAN/USAGE MAY 2022 515.15 CENTURY LINK 612-E10-0514 020 - 911 88.68 SHI INTERNATIONAL CORP MAINTENANCE FOR 3 NEW UPS 366.60 7 MINUTE SECURITY LLC SECURITY ASSESSMENT 17,500.00_ TOTAL: 18,470.43 POLICE GENERAL SHRED RIGHT SHREDDING 15.00 ELECTRO WATCHMAN, INC NEW CODE FOR PD 25.00 SOUTH EAST TOWING OF HASTINGS INC 06/30/21 TOW 255.00 5/26/21 TOW 230.00 06/03/22 RE-TOW 50.00 06/03/22 RE-TOW2 50.00 JUNE 2022 LOT RENT 195.00 AXON ENTERPRISE CAMERA/TASER 3,508.71_ TOTAL: 4,328.71 BUILDING & INSPECTIONS GENERAL TRAVIS DUNN DUNN - SAFETY BOOTS 104.99_ TOTAL: 104.99 PUBLIC WORKS GENERAL CEAM/ CITY ENGINEERS ASSC OF MINN 2022 MEMBERSHIP RENEWAL-CA 60.00_ TOTAL: 60.00 PUBLIC WORKS STREETS GENERAL HOMETOWN ACE HARDWARE FIRE EXT STD HOME, DUCT TA 36.24 PIPE POLY 65.10 VELCRO 13.01 FASTENERS, KEYS, BATTERIES 25.47 FASTENERS 21.96 ELBOWS, COUPLERS 11.70 NAPA AUTO PARTS O RINGS 8.45 VIII-01 06-15-2022 09:23 PM Council Report JUNE 21ST PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 20.00 SIR LINES-A-LOT, LLC MARKINGS 5,363.88 MARKINGS 3,474.44 MARKINGS 3,344.00 MINNESOTA PAVING & MATERIALS 2022 MILL & OVERLAY PAY ES 145,539.90 CUSTOM SAWDUST, LLC JULY 2022 BLDG RENTAL 3,650.00 PINE BEND PAVING, INC. ASPHALT 967.74 TERRYS HARDWARE, INC. CAP, PLUG 5.28_ TOTAL: 162,547.17 PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN 1527043- JUNE 22 2,825.03 TERRYS HARDWARE, INC. PHOTO CONTROL 12.99 VIKING ELECTRIC SUPPLY LUMENS 277.91 BULBS 160.82 BUTTONS 114.30_ TOTAL: 3,391.05 PARKS & RECREATION GENERAL TROPHIES PLUS ASH TREE TAGS 665.00_ TOTAL: 665.00 NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 821 GALS DIESEL 3,941.65 1040 GALS GAS 4,670.58_ TOTAL: 8,612.23 PARKS & RECREATION PARKS SCHLOMKA'S PORTABLE RESTROOMS & MOBILE MAY SERVICES 2,625.00 HOMETOWN ACE HARDWARE SALT 52.02 SPRAYER 102.29 RATCHET AND PAINT 67.85 BUG SPRAY AND REPELLENT 34.01 SCREWS 28.82 SPRAY PAINT FOR BASEBALL F 26.00 NICHOLE WAGNER VOLLEYBALL REF 75.00 ANNA RUDER VOLLEYBALL REF 175.00 LAURA LAUBER VOLLEYBALL REF 25.00 MICHAEL A. PATRICK SOFTBALL UMP 224.00 THIERRY AUGE SOFTBALL UMP 196.00 PAN -HANDLERS STEEL DRUM BANK SUMMER KICK OFF +1 HR 700.00 FISCHER, STEVE SOFTBALL UMP 168.00 GERLACH, ANNA VOLLEYBALL REF 275.00 DANIEL JAMES PETERS SOFTBALL UMP 364.00 GERLACH OUTDOOR POWER EQUIP TRIMMER AND STRING 395.98 GERTEN GREENHOUSES INC. PLANTS FOR LEVEE 649.12 SOD FOR VETS 44.90 GRAPHIC DESIGN MAKE MUSIC DAY FLYERS 86.00 REC+ART+POLICE SIGNS 214.00 MTI DISTRIBUTING COMPANY 5910 PARTS 673.61 TERRYS HARDWARE, INC. MARKING PAINT 7.79 POTTING SOIL FOR LEVEE 61.88 BRUSH 3.79 PAINTING SUPPLIES 30.51 EPOXY 7.79 GLOVES AND HAND SOAP 17.97_ TOTAL: 7,331.33 FIRE FIRE & AMBULANCE CRAIG LATCH C LATCH - SAFETY BOOTS 200.00 HOMETOWN ACE HARDWARE SHOP SUPPLIES 4.45 VIII-01 06-15-2022 09:23 PM Council Report JUNE 21ST PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ EMERGENCY APPARATUS MAINT ENGINE 4 REPAIR 1,315.11 MN FIRE SERVICE CERT.BRD HAZMAT CERT EXAM 360.00 NORTHERN SAFETY TECHNOLOGY SIREN FOR BOAT 143.00 TERRYS HARDWARE, INC. STATION SUPPLIES 18.97 STATION SUPPLIES 75.92 ZEP MANUFACTURING CO. CLEANING SUPPLIES 435.61_ TOTAL: 2,553.06 AMBULANCE FIRE & AMBULANCE EXPERT BILLING, LLC 151 AMB BILLS RAN 4,228.00 DANIELS HEALTH HAZWASTE COLLECTION 179.66 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 307.90 MEDICAL SUPPLIES 132.44 MISCELLANEOUS V KENNETH JOHNSON KENNETH JOHNSON : AMB REFU 60.00 MEDICA A22-0652 - AMBULANCE REFUN 117.03 A22-0783A AMBULANCE REFUND 82.71 LINDE GAS & EQUIPMENT INC. OXYGEN 161.06_ TOTAL: 5,268.80 ECONOMIC DEVELOPMENT HEDRA CAMPBELL KNUTSON, P.A. LEGAL SERVICES MAY 2022 22.50_ TOTAL: 22.50 PUBLIC WORKS 2022 IMPROVEMENTS ISG PW STORAGE BLDG DESIGN/CON 6,158.75_ TOTAL: 6,158.75 NON-DEPARTMENTAL WATER MISCELLANEOUS V VENTURE 2005 02-096000-01 109.43 HOLLATZ, KAYLA 04-339500-02 85.72 MCNAUGHTON, BRAD 05-168000-01 100.72 HARDY, STEVE/JULIE 05-208000-05 100.00 KOCHENDORFER, JAY 05-246000-11 1,488.99 LAWRENCE BUILDERS 12-826100-00 20.95 CREATIVE HOMES INC 12-881430-00 83.93 BENADIE, MARTIN/MADA 15-606000-01 8.45_ TOTAL: 1,998.19 PUBLIC WORKS WATER HOMETOWN ACE HARDWARE PIPE COPPER, PLUMBERS KIT, 82.14 MASON JARS 18.59 BRUSH SET 6.50 CORE & MAIN LP 3/4 METERS - 2022 REPLACEM 26,087.04 MXUS - 2022 REPLACEMENT 6,240.00 US SALT WATER TREATMENT PLANT SALT 3,710.35 CARLSON AUTO TRUCK INC. LABOR/INSPECTION 42.12 QUALITY FLOW SYSTEMS, INC. REPAIR FIRE PUMP 10,550.00 SHERWIN-WILLIAMS PAINT, BRUSHES 64.34 TERRYS HARDWARE, INC. SILICONE 12.99 GAS VENT TOP 19.99_ TOTAL: 46,834.06 PUBLIC WORKS WASTEWATER MCES WASTEWATER JULY 2022 132,886.01 QUALITY FLOW SYSTEMS, INC. PUMP, MOTOR STARTER 12,512.00_ TOTAL: 145,398.01 PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICES 51.60 BECKER ARENA PRODUCTS,INC FLOORING ADHESIVE 168.05 SHERWIN-WILLIAMS PAINT 230.73_ TOTAL: 450.38 VIII-01 06-15-2022 09:23 PM Council Report JUNE 21ST PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST WC CLAIM 140.11_ TOTAL: 140.11 NON-DEPARTMENTAL ESCROW - DEV/ENG/T CAMPBELL KNUTSON, P.A. LEGAL SERVICES MAY 2022 966.00_ TOTAL: 966.00 =============== FUND TOTALS ================ 101 GENERAL 207,341.72 200 PARKS 15,943.56 213 FIRE & AMBULANCE 7,821.86 407 HEDRA 22.50 482 2022 IMPROVEMENTS 6,158.75 600 WATER 48,832.25 601 WASTEWATER 145,398.01 615 ARENA 450.38 705 INSURANCE FUND 140.11 807 ESCROW - DEV/ENG/TIF-HRA 966.00 -------------------------------------------- GRAND TOTAL: 433,075.14 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: June 20, 2022 Item: Approve Renewal of Liquor Licenses for 2022 – 2023 Licensing Period Council Action Requested: Approve the attached resolution approving liquor license renewals. Background Information: The City has received and reviewed applications for renewal of all liquor license categories for the July 1, 2022 – June 30, 2023 licensing period; all establishments are listed in the attached resolution. Approvals and issuance of licenses are contingent upon the submittal of all required documents, fees, and completion of a criminal background investigation by the Hastings Police Department. Financial Impact: License revenue is included in the budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06 - - 22 APPROVING RENEWAL OF LIQUOR LICENSES FOR 2022 – 2023 WHEREAS, the City has received and reviewed applications for renewal of liquor license categories; and WHEREAS, approval and issuance of licenses are contingent upon the submittal of all required documents, fees, and completion of criminal background investigation by the Hastings Police Department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the following licenses are approved for the July 1, 2022 – June 30, 2023 licensing period, unless revoked by City Council. On-Sale and Sunday Intoxicating Liquor Licensee DBA Address 2nd Street Depot Bar and Grill LLC 2nd Street Depot Bar and Grill 320 2nd Street E. Apple Minnesota Applebee’s Neighborhood Grill & Bar 2000 Vermillion Street Bierstube, Inc. Bierstube 109 11th Street West Burgers and Wings Inc. Dugarels 3475 Vermillion Street Due Olives LLC Lock & Dam Eatery 101 2nd Street East Eclectic Culinary Concepts Inc. Me & Julio 350 33rd Street West El Mexican Restaurant of Hastings LLC El Mexican Restaurant of Hastings 119 2nd Street East El Original Mexicano Restaurant LLC 1789 Market Blvd. Suite 8 Jackson P. Reece LLC Hastings Public House 2015 Westview Drive LQCE LLC Pub 55 880 Bahls Drive MOPECA Inc. Las Margaritas Mexican Restaurant 2100 Vermillion Street PTJ Restaurants Inc. Hastings Green Mill 909 Vermillion Street Thompson Zeigler Fireside Pizza The Fireside Social House 106 – 108 2nd Street East On/Off-Sale and Sunday Intoxicating Liquor Licensee DBA Address Hastings Social LLC Hastings Tavern and Alley Cat Liquor 111 3rd Street East River Investments Inc. The Busted Nut Bar & Grill 118 2nd Street East Taproot LLC The Onion Grille 100 Sibley Street Vermillion Bottle Shop Inc. The Bar Draft House 2101 Vermillion Street VIII-02 Club and Sunday Licensee DBA Address American Legion Post 47 Nelson-Lucking Post 50 Sibley Street FOE Aerie 2212 Spiral Bridge Eagles Club 1220 Vermillion Street Taproom On-Sale and Sunday, Brewer Off-Sale Licensee DBA Address Spiral Brewery LLC Spiral Brewery 111 2nd Street East On-Sale Wine and On-Sale 3.2% Licensee DBA Address F & C LLC Froth & Cork 110 4th Street East The Smokin’ Oak Express LLC The Smokin’ Oak Express 1309 Vermillion Street Off-Sale Intoxicating Liquor Licensee DBA Address Coborn’s Inc. Coborn’s Liquor 225 33rd Street West Jake’s Liquor Inc. Jake’s Discount Liquors & Wines 1609 Vermillion Street Nirvana LLC Ace Liquor Warehouse 1250 South Frontage Road Rondeau Enterprises LLC House of Wines & Liquor 1225 Vermillion Street Supervalu Inc. Cub Discount Liquors 1729 Market Blvd. Walmart Inc. Walmart Supercenter #1472 1752 North Frontage Road Off-Sale 3.2% Licensee DBA Address Hastings 2002 LLC Cub Foods 1729 Market Blvd. Kwik Trip Inc. Kwik Trip #249 1630 Vermillion Street Linn Retail Centers Inc. Hastings Holiday Station #3563 1500 Vermillion Street Northern Tier Retail LLC Speedway #4486 1390 South Frontage Road Northern Tier Retail LLC Speedway #4539 215 33rd Street West ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 20TH DAY OF JUNE 2022. ATTEST: ________________________________ _______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: June 20, 2022 Item: Approve Renewal of Tobacco Licenses for 2022 – 2023 Licensing Period Council Action Requested: Approve the attached resolution approving tobacco license renewals. Background Information: The City has received and reviewed applications for renewal of all tobacco licenses for the July 1, 2022 – June 30, 2023 licensing period; all establishments are listed in the attached resolution. Approvals and issuance of licenses are contingent upon the submittal of all required documents, fees, completion of a criminal background investigation by the Hastings Police Department, and passing inspection by the Hastings Fire Marshal. Financial Impact: License revenue is included in the budget. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06 - - 22 APPROVING RENEWAL OF TOBACCO LICENSES FOR 2022 – 2023 WHEREAS, the City has received and reviewed applications for renewal of tobacco licenses; and WHEREAS, approval and issuance of licenses are contingent upon the City receiving all required documents, fees, completion of a criminal background investigation by the Hastings Police Department, and passing inspection by the Hastings Fire Marshal; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the following licenses are approved for the July 1, 2022 – June 30, 2023 licensing period, unless revoked by City Council. Licensee DBA Address Coborn’s Inc. Coborn’s Superstore #2037 225 33rd Street West Coborn’s Inc. Little Dukes 225 33rd Street West Coborn’s Inc. Coborn’s Liquor 225 33rd Street West Hastings 2002 LLC Cub Foods 1729 Market Blvd. Hastings Social LLC Alley Cat Liquor 111 3rd Street East Hastings Tobacco & Vape, Inc. 1769 Market Blvd. Jake’s Discount Liquor Inc. Jake’s Discount Liquor 1609 Vermillion Street Kwik Trip Inc. Kwik Trip #249 1630 Vermillion Street Linn Retail Centers, Inc. Hastings Holiday Station #3563 1500 Vermillion Street Miller & Holmes Inc. M & H Gas 1402 Vermillion Street Nirvana LLC Ace Liquor Warehouse 1250 South Frontage Road Northern Tier Retail LLC Speedway #4486 1390 South Frontage Road Northern Tier Retail LLC Speedway #4539 215 33rd Street West Rondeau Enterprises LLC House of Wines & Liquor 1225 Vermillion Street Supervalu, Inc. Cub Discount Liquor 1729 Market Blvd. Walgreens Company Walgreens 1017 Vermillion Street Walmart Inc. Walmart Supercenter #1472 1752 North Frontage Road ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA ON THIS 20TH DAY OF JUNE, 2022 ATTEST: _________________________________ _______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: June 20, 2022 Item: Approve Westview Smokes, Inc. dba Westview Smokes Application for Tobacco License Council Action Requested: Approve the attached resolution approving Westview Smokes, Inc. dba Westview Smokes application for a Tobacco License. Background Information: Ibrahim Aqel, of Hastings Tobacco & Vape, Inc. and Westview Smokes, Inc. dba Westview Smokes submitted a Tobacco License application to be able to sell tobacco products at Westview Smokes, which he took ownership over, previously known as Westview Tobacco. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06 - - 22 RESOLUTION APPROVING THE APPLICATION BY WESTVIEW SMOKES, INC. DBA WESTVIEW SMOKES FOR A TOBACCO LICENSE WHEREAS, Ibrahim Aqel, of Hastings Tobacco & Vape, Inc. and Westview Smokes, Inc. dba Westview Smokes submitted a Tobacco License application to be able to sell tobacco products at Westview Smokes, which he took ownership over, previously known as Westview Tobacco. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Tobacco License for Westview Smokes, Inc. dba Westview Smokes is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 20TH DAY OF JUNE 2022. ATTEST: _______________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-04 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: June 20, 2022 Item: Liquor License Modification for Pizza on 50th & France dba Carbone’s Pizza of Hastings Council Action Requested: Approve the attached resolution allowing Pizza on 50th & France dba Carbone’s Pizza of Hastings to modify their liquor license from an On-Sale and Sunday Intoxicating Liquor License to an On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License. Background Information: Thomas Magnuson, of Pizza on 50th & France dba Carbone’s Pizza of Hastings, submitted an On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License application. The current liquor licenses held by Carbone’s Pizza of Hastings is On-Sale Sunday Intoxicating Liquor. Upon approval of the new On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday license, the current On- Sale Sunday Intoxicating Liquor license, will be cancelled. Financial Impact: Annual liquor license fees will decrease. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-05 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06 - - 22 RESOLUTION APPROVING THE APPLICATION BY PIZZA ON 50TH & FRANCE DBA CARBONE’S PIZZA OF HASTINGS FOR AN ON-SALE WINE WITH STRONG BEER AUTHORIZATION AND 3.2% ON-SALE SUNDAY LICENSE WHEREAS, Thomas Magnuson, of Pizza on 50th & France dba Carbone’s Pizza of Hastings, submitted an On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License application modified from their current license On-Sale Sunday Intoxicating Liquor NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License application for Pizza on 50th & France dba Carbone’s Pizza of Hastings is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 20TH DAY OF JUNE 2022. ATTEST: _______________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: June 20, 2022 Item: Dugarel’s Outdoor Music Tent and Liquor License Amendment Request Council Action Requested: Adopt the attached resolution for an outdoor music tent and liquor license amendment for Dugarel’s. Background Information: Jessie Ritter of Dugarel’s, 3475 Vermillion Street, submitted an outdoor music tent and liquor license amendment application for Friday and Saturday, July 15 and 16, 2021 from 9:00 p.m. to 12:00 am midnight both days. The liquor license amendment allows liquor to be served within the confines of the fenced area around the music tent. This event is associated with Rivertown Days. Similar requests from Dugarel’s have been previously approved by the City Council. Staff reviewed the application and recommend approval of the event subject to the following conditions: • Access and exit points from the alcohol service areas must be staffed with security personnel at all times during service hours. • Staff/security are to wear recognized shirts to distinguish them as employees and security. • Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event organizers, attendees, or the surrounding community. • Radios issued to door staff so they can be in constant communication about people turned away or removed and are to be watched. • Keep the trespass list at the front door visible and accessible to all staff. • ID scanners will be used to ensure compliance with the Minnesota alcohol consumption possession statutes. • Outdoor security cameras will be in place. All video on the new system will be kept for 3 weeks. • Alcoholic beverages may not be permitted outside the designated/fenced area. • No party buses. • Five additional security guards from ASIA Security will be hired in addition to four security guards from Dugarel’s. All security guards will have radios to communicate with each other at all times. • A minimum of three security personnel are to be working (not on break) at one time. • All staff that closes or serves alcohol are required to have attended responsible beverage server training, even if they attended with the last 3 years. • Regular walk-throughs of the parking lot and perimeter by security. VIII-06 • At closing time, the Security Staff will remain in the parking lot until all patrons have left. • Last call will by 1:35 am. • Music to cease by midnight. • Proof of insurance for the temporary liquor sales must be received by City staff in advance of the events. • Tent inspection by the Fire/EMS Department to address proper safety items prior to the event. Financial Impact: The associated fee has been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-06 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 6 - - 22 RESOLUTION APPROVING OUTDOOR MUSIC TENT AND LIQUOR LICENSE AMENDMENT FOR DUGAREL’S WHEREAS, Ms. Jessie Ritter, on behalf of Dugarel’s, 3475 Vermillion Street, presented an application to the City of Hastings for an outdoor music tent and liquor license amendment to serve liquor within the confines of a fenced area on July 15 and 16, 2022 from 9:00 p.m. to midnight; and WHEREAS, approval is contingent upon the City receiving the permit fee; and WHEREAS, the request is subject to the following conditions; and • Access and exit points from the alcohol service areas must be staffed with security personnel at all times during service hours. • Staff/security are to wear recognized shirts to distinguish them as employees and security. • Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event organizers, attendees, or the surrounding community. • Radios issued to door staff so they can be in constant communication about people turned away or removed and are to be watched. • Keep the trespass list at the front door visible and accessible to all staff. • ID scanners will be used to ensure compliance with the Minnesota alcohol consumption possession statutes. • Outdoor security cameras will be in place. All video on the new system will be kept for 3 weeks. • Alcoholic beverages may not be permitted outside the designated/fenced area. • No party buses. • Five additional security guards from ASIA Security will be hired in addition to four security guards from Dugarel’s. All security guards will have radios to communicate with each other at all times. • A minimum of three security personnel are to be working (not on break) at one time. • All staff that closes or serves alcohol are required to have attended responsible beverage server training, even if they attended with the last 3 years. • Regular walk-throughs of the parking lot and perimeter by security. • At closing time the Security Staff will remain in the parking lot until all patrons have left. • Last call will by 1:35 am. • Music to cease by midnight. • Proof of insurance for the temporary liquor sales must be received by City staff in advance of the events. • Tent inspection by the Fire/EMS Department to address proper safety items prior to the event. VIII-06 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that Dugarel’s outdoor music tent and liquor license amendment is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS THIS 20th DAY OF JUNE 2022. ATTEST: ________________________________ Mary Fasbender, Mayor _________________________________ Kelly Murtaugh, City Clerk VIII-06 VIII-07 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 06 - -22 RESOLUTION APPROVING THE APPLICATION BY THE HASTINGS FIRE RELIEF ASSOCIATION FOR A ONE-DAY TEMPORARY LIQUOR LICENSE AND ONE-DAY GAMBLING PERMIT WHEREAS, the Hastings Fire Relief Association has presented applications for a one- day temporary liquor license and a one-day gambling permit for September 10th, 2022 at Saint Elizabeth Ann Seton Church, 2035 15th Street West; and WHEREAS, the associated fees for a temporary liquor license and one-day gambling permit have been waived. NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Hastings, that the one-day temporary liquor license and one-day gambling permit are approved and the associated fees are waived. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 20TH DAY OF JUNE, 2022. ATTEST: ____________________________ Mary D. Fasbender, Mayor ____________________________ Kelly Murtaugh, City Clerk VIII-07 VIII-07 VIII-07 VIII-07 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: June 20th, 2022 Item: Sale of Surplus Property Council Action Requested: Declare vehicles as surplus property and authorize for public sale. Background Information: The City of Hastings Police Department currently has three forfeited vehicles seized through forfeiture proceedings. These vehicles have been cleared for sale/destruction with the proceeds to be applied to the Department's forfeiture account in accordance with Minnesota law. Upon declaration of the vehicles as excess/surplus property, they will be made available for public sale via a commercially available online auction service or destroyed. The following vehicles are to be declared surplus/excess property and authorized for sale/destruction: 2005 Chrysler TWC 2C4GP54L45R147012 Forfeiture 2002 Chevrolet SLV 1GCEK19T72E256001 Forfeiture 2007 GMC Envoy 1GKDT13S172172942 Forfeiture Financial Impact: Positive financial impact Advisory Commission Discussion: None Council Committee Discussion: None Attachments: None VIII-08 VIII-09 VIII-09 VIII-09 VIII-09 City Council Memorandum To: Mayor Fasbender & City Council Members From: Alan Storlie, Fire Marshal Date: June 14, 2022 Item: Agreement for Use of Fire Safety House Council Action Requested: Approve agreement with the City of Rosemount for use of the fire safety house at Safety Camp. Background Information: The City of Rosemount and the Rosemount Fire Department own and maintain a fire safety house. The house is used at our city’s annual Safety Camp to provide fire safety training to school-aged children. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None Attachment: Agreement for use of safety house at the city’s annual safety camp VIII-10 VIII-10 VIII-10 VIII-10 VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: Criminal Justice Service Agreement Council Action Requested: Approve Criminal Justice Service Agreement (CJN Contract #C0035401) to engage services under the new CJN JPA. Background Information: Hastings has been a member of a cooperative partnership that addresses the needs of criminal justice information, technology and data transfer between criminal justice partners for over two decades. Criminal Justice Network (CJN) provides criminal justice networking and products to include scheduling, field-based reporting (FBR) and a records management system (RMS). Additionally, a file sharing and transfer system is in place to process, transfer and/or share criminal justice data with courts, jail services, probation, and social services, just to name a few. Over the last few years, discussions took place with Dakota County and board members to move CJN from being a subset of Dakota County and make it a separate JPA organization. The Hastings City Council approved the new JPA on December 20, 2021. In June 2022, the Dakota County Attorney’s Office sent the attached Agreement to engage services under the new CJN JPA. Financial Impact: Not applicable Committee Discussion: City Council approved the new CJN JPA on Dec 20, 2021. Attachment: Criminal Justice Service Agreement Agreement Between the Criminal Justice Network and City of Hastings VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 1 of 13 Criminal Justice System Services Agreement Between the Criminal Justice Network And City of Hastings, MN THIS CRIMINAL JUSTICE SYSTEM SERVICES AGREEMENT (the “Agreement”) is made and entered into by and between the Criminal Justice Network, a joint powers organization created pursuant to Minn. Stat. § 471.59, located at 8150 Barbara Ave. Inver Grove Heights, MN 55077, (“CJN”), and the City of Hastings, located at 101 4th Street East, Hastings, MN 55033, (“the Agency”). CJN and the Agency are referred to individually as a “Party” and collectively as the “Parties.” The Parties enter into this Agreement pursuant to the authority in Minn. Stat. §471.59. 1. Definitions. “Agency Data” means the data that the Agency’s Permitted Users enter into the CJN System. “CJN System” means the Internet site operated by CJN, accessible by the Agency through secure access points, with a specific Uniform Resource Locator (URL) to be provided to the Agency (or any successor URL). “Days” refers to calendar days, unless stated differently in the Agreement or its Attachments. “Documentation” means any CJN user manuals, training or education materials, technical manuals, and specifications describing the System Software and Services created by CJN, and any Provider Content made available to the Agency in printed and/or electronic form, including all Updates. “Downtime” means a loss of service ability that is five (5) minutes or more in duration. A Downtime Event does not include: (a) scheduled maintenance or repairs in accordance with Sections 3.2 and 3.3; (b) disruptions of service caused by issues beyond CJN’s control, such as denial of service attacks, disruptions of third-party supporting systems (e.g., ISP), disruptions of third-party interfacing systems (e.g., Minnesota Bureau of Criminal Apprehension, MNCIS, LOGIS, etc.), end-user computer issues, catastrophic hardware failures, or outages resulting from a force majeure event as defined in the Agreement. “Equipment” means the minimum required hardware and operating environment used by the Agency to access the CJN System as detailed in Attachment B to this Agreement. “Permitted User” means the Agency’s employees and agents who are provided access to the System Software in accordance with the procedures in Section 9 of this Agreement. “Provider Content” means CJN’s reports, information, and data, other than the Agency’s Data, made available to the Agency and its Permitted Users as part of the Services. “Services” means the operation and maintenance of the System Software and utilities in CJN’s host computer system, providing Provider Content to the Agency storing Agency Data, and making the System Software, Provider Content, and Agency Data available to Permitted Users via the CJN System, as more fully described in the System Overview. Services do not include integrating the CJN System or Agency Data with any application or computer system outside of the CJN Applications. “System Software” means CJN’s proprietary computer software program(s) set forth in Attachment A to this Agreement (the “System Overview”), in object code form only, including all Updates. “Update” means, as applicable, any update, modification, or new release of the System Software, Documentation, or Provider Content that CJN makes generally available to the Agency. 2. Provision of On-line Services. 2.1. The Agency hereby engages CJN, and CJN hereby agrees to provide the Services described in this Agreement and in the System Overview. CJN agrees to provide the Services to the Agency in accordance with this Agreement and grants to the Agency a non-exclusive, non-assignable, and non- transferable license during the Term of this Agreement to enter Agency Data into the CJN System and for its Permitted Users to access and use the System Software and Provider Content. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 2 of 13 2.2. The Agency acknowledges and agrees that CJN’s provision and performance of the Services is dependent and conditioned upon the Agency’s full performance of its duties, obligations, and responsibilities hereunder. 2.3. The Liaisons of the respective Parties for purposes of this Agreement are as follows: Agency Liaison: David Wilske Telephone: 651-480-2332 Email Address: dwilske@hastingsmn.gov CJN Liaison: Mary Cerkvenik Telephone: 651-438-4559 Email Address: mary.cerkvenik@co.dakota.mn.us The Liaison, or successor, has authority to assist the Parties in the day-to-day performance of this Agreement, ensure compliance, and provide ongoing consultation related to the performance of this Agreement. The Parties shall promptly provide Notice to each other when a Liaison’s successor is appointed. The Liaison’s successor shall thereafter be the Liaison. 3. Additional CJN Responsibilities. 3.1. CJN will provide all required hosting and operations support for the applications described in the System Overview. 3.2. CJN will cause the Services to be accessible to the Agency, except for scheduled maintenance or required repairs, and except for any interruption due to causes beyond the reasonable control of CJN including, but not limited to, any Force Majeure Event (as defined in Section 17). 3.3. CJN may from time to time, in its sole discretion, install Updates, modify the Services or any component thereof provided that such Updates must perform and contain functionality that is equivalent to or better than the current version of the Services. CJN will complete such installations and modifications to minimize any impact on the Agency’s use of the System Software and Services. CJN will notify the Agency Liaison by standard methods of notification such as email, system generated messages on the System home page for Agency users, or similar communication methods, in advance of the installation of an Update or modification to the Services. 3.4. CJN will provide support and System maintenance to the Agency as more fully described in this Agreement and the System Overview. 3.5. If requested, CJN will provide best practices advice to the Agency for implementing the Services at the Agency’s business locations. 3.6. CJN will provide training on the use of CJN’s System for the Agency’s Permitted Users as set forth in Section 8 of this Agreement. 3.7. CJN is responsible for ensuring that its Services and the performance of CJN’s other obligations hereunder comply with all laws applicable to CJN. 4. Agency Responsibilities. 4.1. The Agency will provide, at no cost to CJN, all communications equipment, telephone and communication lines, power, telephone service and other utilities at the Agency’s facilities as may be necessary or reasonably desirable to utilize the Services and accomplish the purposes of this Agreement. 4.2. The Agency will provide, at no cost to CJN, the necessary personnel and facilities to meet the Agency’s obligations hereunder. 4.3. The Agency will follow the identity management procedures and provide the first-line support, maintenance, and other services more fully described in this Agreement and the System Overview and such other procedures and services as the Parties may establish from time to time. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 3 of 13 4.4. The Agency agrees that CJN's logos may appear on the pages of the Agency’s web site or the Agency’s internal criminal justice applications screens. 4.5. The Agency will be responsible for ensuring that the Agency’s use of the Services and the performance of its other obligations hereunder comply with this Agreement and all laws applicable to the Agency. 5. System Features and Configuration. The Agency acknowledges and agrees that it will be using criminal justice applications that are also utilized by other criminal justice agencies in the State of Minnesota. The capabilities and functions of the System Software now and in the future will be determined primarily by direction from the CJN Board and available funding. When settings or features have been added to the System Software that are designed by CJN to be configurable for specific users of the System, the Parties will work cooperatively to identify System features or functionality (common practices, processes, and procedures conducted by the Agency in day-to-day operations as they relate to utilizing the System Software and Provider Content) that are configurable to best fit the Agency’s business practices. CJN will set available configurations in the System Software for the Agency or will train designated Agency staff how to configure the Services and System Software. 6. Ownership, Protection and Security. 6.1. The Agency acknowledges and agrees that nothing in this Agreement or any other agreement grants the Agency any licenses or other rights with respect to CJN’s Software System (source code or object code) or Services other than the right to receive Services as expressly provided herein. CJN retains all ownership in the intellectual property and all other proprietary rights and interests associated with CJN’s Software System and Services and all components thereof and associated documentation, except as expressly provided herein. 6.2. Ownership of any Agency Data including text, graphics or other information or content materials and all records and databases supplied or furnished or entered into the System by the Agency hereunder for incorporation into or delivery through the application(s) described in the System Overview will remain with the Agency and CJN will cease use of all such material upon termination of this Agreement. 6.3. CJN grants to the Agency a limited license during the term of this Agreement to use and reproduce CJN's trademarks and logos for purposes of including such trademarks and logos in Agency’s materials and links solely as permitted hereunder. All uses of such trademarks and logos will conform to the Agency’s standard guidelines and requirements for use of such trademarks and logos. 6.4. By storing Agency Data on CJN’s equipment and System, CJN does not obtain any ownership interest in Agency’s Data. As between the Agency and CJN, Agency’s Data is and will remain the sole and exclusive property of the Agency, including all applicable rights to copyrights, trademarks or other proprietary or intellectual property rights thereto. 7. Implementation. If the Agency has never used the Services before, the parties will complete a mutually agreed-upon implementation plan that includes an access schedule and a System training and testing schedule. 8. Maintenance/Support/Training. CJN will provide the Agency and its Permitted Users with technical support and training regarding the use of the Services. The technical support will include: (i) unlimited telephone, facsimile and e-mail “hot-line” support during CJN’s business hours, and (ii) other support set forth in Attachment B to this Agreement. CJN will provide the Agency with any training materials and documentation it has created for use by Permitted Users and the Agency’s internal trainers. 9. Identity Management Responsibilities. 9.1. User Access Restrictions. The Parties acknowledge and agree that access to the System Software and Services will be restricted to Agency’s Permitted Users who have a business need to enter and view Agency Data or Provider Content. The Agency will restrict access to the System to Permitted Users DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 4 of 13 with verified identities that have created a digital identity on the CJN System using the procedures in this Section 9. 9.2. Request for Access. 9.2.1. The Agency commences the identity authentication process by completing and electronically submitting a request for CJN system access in the CJN Administration Application. The Agency official or employee signing this Agreement cannot be the same person who completes the request for access. 9.2.2. The request for access must be signed by two Agency employees: the person initiating the request for access and another person approving the request for access. These signatures may be electronic signatures. 9.2.3. The Agency may authorize one or more persons to initiate the request for access and one or more persons to approve the request for access. These authorized persons can be identified by name or by position title. The Agency must notify CJN of the authorized persons and the Agency must provide notification of any changes to the list of authorized persons. 9.3. Permitted Users Digital Identities. The Agency must identify each Permitted User who will have access to the CJN Software System or Services CJN will notify verified Permitted Users of the procedures for creating a unique digital identity on the CJN system. 9.4. Terms and Conditions. When a Permitted User accesses the CJN System for the first time, the individual will be presented with the Terms and Conditions for the acceptable use of the CJN System. To create a digital identity in CJN System and access the CJN Applications, the Permitted User must read and accept the Terms and Conditions. 10. Warranties & Exclusions. 10.1. Warranties. 10.1.1. CJN warrants that the System Software, Provider Content, and Services will conform in all material respects to the specifications, functions, descriptions, standards, and criteria set forth in this Agreement, its Attachments, and the applicable specifications and Documentation, not including any modifications or alterations to the Documentation which represent a material change to the functionality of the System Software, Service, or Provider Content; when used on the Equipment in accordance with the Documentation and all of the terms and conditions hereof. 10.1.2. CJN warrants that it is the sole owner of, or otherwise has the right and authority to provide, the System Software, Provider Content and Services to the Agency and Permitted Users as set forth in this Agreement. 10.2. In the event that the Agency discovers a non-conformance with any of CJN’s warranties or representations as stated in this Agreement, the Agency must promptly provide CJN with Notice and, upon receipt of such Notice: (i) CJN will correct the non-conformity within a reasonable period of time not to exceed thirty (30) days without any additional charge to the Agency, or (ii) in the event that CJN cannot effect such corrections within a reasonable time using best efforts, the Agency may immediately terminate the Agreement by providing Notice to CJN. 10.3. THE SERVICE LEVEL WARRANTY SET FORTH HEREIN WILL ONLY APPLY TO THE SYSTEM PROVIDED BY CJN AND DOES NOT APPLY TO: (A) ANY PROFESSIONAL SERVICES; (B) ANY SUPPLEMENTAL SERVICES; (C) ANY SERVICE(S) THAT EXPRESSLY EXCLUDE THIS SERVICE LEVEL WARRANTY (AS STATED IN THE SYSTEM OVERVIEW FOR SUCH SERVICES). THIS SECTION STATES THE AGENCY’S SOLE AND EXCLUSIVE REMEDY FOR ANY FAILURE BY CJN TO PROVIDE SERVICE(S). 10.4. No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND THE AGENCY’S DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 5 of 13 USE OF THE SERVICES IS AT ITS OWN RISK. CJN DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. CJN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. 10.5. Disclaimer of Actions Caused by and/or Under the Control of Third Parties. CJN DOES NOT AND CANNOT CONTROL THE FLOW OF DATA BETWEEN THE POINT THAT THE CJN SYSTEM CONNECTS TO THE INTERNET (WHETHER SECURE OR NOT) AND THE AGENCY’S OFFICE’S FACILITIES AND EQUIPMENT. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF THE INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT THE AGENCY’S OFFICE’S CONNECTIONS TO CJN’S SYSTEM. ALTHOUGH CJN WILL USE REASONABLE EFFORTS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, CJN CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CJN DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 11. Nondisclosure of Security or Trade Secret Information. Through exercise of each Party’s rights under this Agreement, each Party may be exposed to the other Party’s security information or trade secret information that is classified as not public data ("Confidential Information"). In recognition of the other Party’s need to protect its legitimate business interests and legal obligations, each Party agrees that it will regard and treat each item of information constituting Confidential Information of the other Party as not public, and that, except as required by law including the Minnesota Government Data Practices Act, it will not redistribute or disclose to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity any of the other Party’s Confidential Information. If Confidential Information is required by subpoena, court order or government requirement to be disclosed, each Party will give the other Party prompt Notice of such subpoena, court order or government requirement to allow the other Party an opportunity to obtain a protective order to prohibit or restrict such disclosure. 12. Data Security & Compliance. 12.1. CJN will, at a minimum, implement the following procedures designed to protect the security of Agency Data: User identification and access controls; industry standard firewalls and back-up and archival procedures; disaster recovery plan industry standard back-up and archival procedures; and regular CJN employee training regarding the security and data recovery programs referenced in this Section. 12.2. The Parties additionally agree to the terms stated in Attachment C to this Agreement concerning data access, sharing, management, and compliance. 13. Liability Limitations. 13.1. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT, LOSS OF DATA, BREACH OF DATA CONFIDENTIALITY, LOSS OF USE, OR BUSINESS STOPPAGE. 13.2. The cumulative, aggregate liability of CJN, its affiliates, officers, employees, or agents to Agency or any other person or entity which arise out of or relate to this Agreement, or Agency, its affiliates, officers, employees, or agents to CJN whether in contract, tort, or otherwise, must not exceed $60,000. 14. Indemnity. Each Party (the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other Party against any and all claims, liability, loss, damage or expenses arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the Indemnifying Party or those of the Indemnifying Party’s officers, employees or agents. In the event claims, losses, damages, or expenses are caused by the joint or concurrent negligence of CJN and Agency, they shall be borne by each Party in proportion to its own negligence. Under no DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 6 of 13 circumstances will the Indemnifying Party be required to pay on behalf of itself and the other Party any amounts in excess of the limits of liability established in Minnesota Statutes Chapter 466 applicable to any one Party. The limits of liability for all Parties may not be added together to determine the maximum amount of liability for either Party. The intent of this paragraph is to impose on each Party a limited duty to defend and indemnify each other subject to the limits of liability under Minnesota law. The purpose of creating this duty to defend and indemnify is to simplify the defense of claims by eliminating conflicts among the Parties. Nothing in this Agreement will be construed as a waiver by either Party of any immunity defenses or other limitations on liability to which either Party is entitled by law. Notwithstanding the above, CJN will indemnify, defend, and hold harmless the Agency and its officers, employees and agents with respect to claims, losses, damages, causes of action and liability of any kind, including court costs, attorneys’ fees and expert witness fees (“Claims”) to the extent that it is based upon any third party claim that the Services, System Software, Provider Content or Documentation infringes any copyright, patent, trademark, trade secret or other intellectual property right of any third party (an “Infringement Claim”). 15. Term and Termination. 15.1. Term. This Agreement shall commence upon approval of each Party and signature of the official with authority to bind the Party and shall remain in effect until December 31, 2026. 15.2. Termination. Either Party may immediately terminate this Agreement if the Services become illegal or contrary to any applicable law, rule, regulation, or public policy. Either Party may terminate this Agreement without cause upon ninety (90) days prior Notice. 15.3. Termination for Chronic Problems. The Agency may terminate this Agreement for cause and without penalty by notifying CJN within ten (10) days following the end of a calendar month in the event either of the following occurs: (i) the Agency experiences more than ten (10) Downtime events during the calendar month; or (ii) the Agency experiences more than forty-eight (48) consecutive hours of Downtime due to any single event. Such termination will be effective thirty (30) days after receipt of such Notice. 16. Consideration. Pursuant to the Joint Powers Agreement that formed CJN and in consideration for the Agency’s ongoing separate financial contributions to CJN, CJN will provide the Services under this Agreement to Agency at no additional cost during the Term. 17. Force Majeure. Neither Party will be liable to the other Party for any damages, costs, expenses or other consequences incurred by a Party or by any other person or entity as a result of delay in or inability to deliver any Services or comply with other obligations and responsibilities under this Agreement due to circumstances or events beyond the Party’s reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power; or (viii) actions or failures to act on the part of a governmental authority. If such circumstances occur, the nonperforming Party shall, within a reasonable time of being prevented from performing, give Notice to the other Party describing the circumstances preventing continued performance and the efforts made to resume performance of this Agreement. 18. Miscellaneous. 18.1. Assignment. Agency may not assign its rights or obligations under this Agreement without the prior written consent of CJN. CJN may assign its rights and obligations under this Agreement after providing Notice to Agency. 18.2. Severability. The provisions of this Agreement are severable. If any provision of this Agreement is void, invalid, or unenforceable, it will not affect the validity and enforceability of the remainder of this Agreement unless the void, invalid, or unenforceable provision substantially impairs the value of the entire Agreement with respect to either Party. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 7 of 13 18.3. Waiver and Amendment. No modification, amendment, or waiver of any provision of this Agreement is effective unless in writing and signed by the Parties. No failure or delay by either Party in exercising any right, power, or remedy under this Agreement operates as a waiver of any such right, power or remedy. 18.4. Governing Law and Venue. This Agreement is governed by the laws of the State of Minnesota, and the Parties hereby submit to exclusive jurisdiction in the federal and state courts located in Dakota County, Minnesota for all disputes in connection with this Agreement or the transaction contemplated hereby. 18.5. Authorized Representatives and Notices. 18.5.1. The Authorized Representatives of the respective parties for purposes of this Agreement are as follows: To Agency: Dan Wietecha Hastings City Administrator 101 4th Street East Hastings, MN 55033 Telephone: 651-480-2326 dwietecha@hastingsmn.gov To CJN: Jim Constantineau Board Chair Criminal Justice Network 8150 Barbara Ave Inver Grove Heights, MN 55077 jconstantineau@farmingtonmn.gov Each Authorized Representative, or successor, has authority to bind the Party and sign this Agreement. CJN’s Authorized Representative shall have only the authority granted by CJN’s Board. The Parties shall promptly provide Notice to each other when an Authorized Representative’s successor is appointed. The Authorized Representative’s successor shall thereafter be the Authorized Representative for purposes of this Agreement. 18.5.2. Except as provided otherwise in this Agreement, any notice or demand (collectively, a “Notice”) must be in writing and provided to the Party’s Authorized Representative by at least one of the following: (i) registered or certified mail, in each case receipt requested and postage prepaid; (ii) personal delivery; (iii) nationally recognized overnight courier, with tracking service and all fees and costs prepaid; or (iv) email (except for Notices of termination). Notice will be effective one business day after the date of mailing, personal delivery, or emailing. 18.6. Independent Contractors. CJN is an independent contractor. Nothing in this Agreement is intended to create an employer and employee relationship between the Agency and CJN. CJN is not entitled to receive any of the benefits received by Agency employees and is not eligible for workers’ or unemployment compensation benefits. It is CJN’s sole obligation to comply with the applicable provisions of all State and Federal tax laws. Under no circumstances will either Party have the right or authority to enter into any contracts or assume any obligations for the other or to give any warranty to or make any representation on behalf of the other. 18.7. Electronic Signatures. The Parties agree that this Agreement may be electronically signed and that they are bound by the terms and conditions of the Agreement through their electronic signatures. The parties further agree that the electronic signatures appearing on this Agreement are valid, enforceable, and admissible. 18.8. Entire Agreement. This Agreement constitutes the entire agreement of the Parties and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 8 of 13 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed as of the date(s) set forth. THE AGENCY Approved by ___________ Resolution No. _________ Name Title Date of Signature Approved by CJN Board CRIMINAL JUSTICE NETWORK On May 20, 2022, Res. 13 Jim Constantineau Board Chair Date of Signature Dakota County Attorney’s Office Attorney for Criminal Justice Network Approved as to Form: 1560 Highway 55 Hastings, MN 55033 /s/ Lucie O’Neill 5/26/2022 651-438-4438 Attorney/Date KS-22-245 DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 06/06/2022 | 9:44 AM CDT City Administrator Dan Wietecha VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 9 of 13 ATTACHMENT A SYSTEM OVERVIEW The CJN System includes the following applications: eBriefing: eBriefing is a web application that enables the data entry, viewing, and tracking of police roll call briefing information. Multiple categories of data are available and shared between law enforcement agencies. The application includes notifications of situational changes, various levels of security, and advanced auditing. eBriefing is upgraded on a regular basis based on the suggestions of the eBriefing user community. Search, Preference, Clipboard: The CJN Search application provides criminal justice users the ability to search local databases for briefing, forms, prisoner, warrant and arrest information. Configurable Preferences allow agencies to customize the CJN applications for their personal and agency use. The Clipboard application is the foundation for allowing personnel to enter information once, and then copy data to the CJN Clipboard to re-use that information throughout the criminal justice process. eForms: eForms is CJN’s field based reporting application for law enforcement. It is a web application that enables the data entry, viewing, and tracking of law enforcement forms. Multiple form types are available to local agencies. The application includes notifications of situational changes, various levels of security, and advanced auditing. eForms is upgraded on a regular basis based on the suggestions of the eForms user community. Scheduling: CJN Scheduling provides criminal justice users the ability to electronically create, modify, view, and distribute staff work schedules. Scheduling includes the ability to set agency specific work patterns, work types, teams/groups, and assignment areas for all staff as well as set the agency’s schedules for weeks, months, even years in advance. CJN Integration Hub: The CJN Integration Hub is based on Microsoft’s BizTalk integration middleware and is used for the routing of information among CJN partners. Fully deployed, the Integration Hub will link regional criminal justice information systems in Dakota County. Sheriff’s Jail Transportation Management System: The CJN Sheriff’s Jail Transportation Management System provides Minnesota sheriff’s offices with a software application that coordinates the scheduling of secure transports of persons subject to detention for a criminal offense and of other persons according to a lawful duty or obligation, all as defined and governed by the Mutual Aid Agreement by and between the participating sheriff’s offices. Gun Permit Application for Processing Applications and Renewals and Conducting Background Investigations: The CJN Gun Permit application allows easy processing of permit applications and renewals; including a supervisor work flow module for processing the application and renewal. In addition, CJN’s integration hub electronically links criminal justice data of participating CJN partners to allow CJN partners secured, direct access to search and retrieve data in connection with gun permit background investigations as authorized by Minnesota law. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 10 of 13 ATTACHMENT B 1. MAINTENANCE AND SUPPORT SERVICES 1.1. CJN will maintain all CJN applications including related hardware and software. 1.2. CJN will maintain the following regular business hours: 8:00 a.m. – 4:30 p.m. Central Standard Time, Monday – Friday, except for holidays. 1.3. CJN support will include the following: 1.3.1. Unlimited phone support, facsimile and email, including the use of the “CJNSUPPORT” email (CJNsupport@co.dakota.mn.us) system available to all Permitted Users during regular business hours. 1.3.2. 24x7x365 afterhours support for major system failures will be available by contacting CJN Support at 651 438-8348 and following the emergency phone procedures. 1.3.3. 24x7 phone to respond to emergencies. 1.3.4. All applications will include the ability to email CJNsupport@co.dakota.mn.us at any time. This email account will be monitored during regular business hours. 2. MINIMUM EQUIPMENT AND HARDWARE SPECIFICATIONS The following are Agency’s minimum equipment and hardware specifications: 2.1. A secure modern web browser – Microsoft Edge or Google Chrome, for example – over a secure connection to the internet. 2.2. A CJDN Network IP is required to ensure that you are accessing Law Enforcement Data from a secure location. 2.3. 1024 X 768 resolution or better will provide the best experience. 2.4. Keyboard and pointing device. Tabbing can be used to access most functionality, but a Mouse or other point and click device will help speed up navigation in certain instances. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 11 of 13 ATTACHMENT C DATA MANAGEMENT, SHARING AND COMPLIANCE 1. Background. 1.1 The Parties are authorized recipients and users of criminal justice information and criminal history records information for authorized criminal justice purposes. 1.2 The Parties find it to be of mutual benefit to engage in facilitated sharing and exchanging of electronic criminal justice data to provide the most efficient utilization of their resources and services for criminal justice efforts and as authorized by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, (“MGDPA”) and the FBI Criminal Justice Information Services Security Policy (“CJIS Security Policy”) and all other local, state and federal laws. 1.3 Agency desires to share its Agency Data with other CJN criminal justice user agencies (“CJN Participating Agency/Agencies”) under the conditions set forth in this Attachment and the Agreement for authorized criminal justice purposes. 1.4 Agency is responsible for the accuracy and completeness of its Agency Data and abiding by the data management requirements as contained herein. 1.5 CJN agrees to implement, build out and maintain the CJN System capable of allowing CJN Participating Agencies to access Agency Data for authorized purposes under the conditions set forth in this Attachment and the Agreement. 2. Purpose. This Attachment is a supplement to the Agreement. Its purpose is to provide CJN with access to Agency's electronic management system for CJN to implement, build out and maintain the CJN System capable of allowing CJN Participating Agencies to have direct access to Agency Data for authorized criminal justice purposes. Additionally, this Attachment defines the expectations of the Parties regarding data access, management, and retention. 3. Additional Agencies. From time to time, additional criminal justice agencies may wish to contract with CJN, share data, and participate in the benefits of the CJN System. All such agencies will enjoy all the benefits and be bound by all the responsibilities as set for in this Attachment and the services agreements. Agency expressly agrees that all future subscribing criminal justice agencies are included within the meaning of “CJN Participating Agencies.” 4. Data Privacy and Security. The Parties agree to enforce and maintain the privacy, security, and access to data in the CJN System pursuant to state and federal law and industry regulations for data collection, maintenance, storage, dissemination, access, usage, release, and sharing, including, but not limited to, the MGDPA, Minn. Stat. §§ 299C, 171 and 28 CFR Parts 20 and 23 (multijurisdictional criminal intelligence systems) and the CJIS Security Policy. Misuse of any data may result in administrative, civil, or criminal action and must be reported to the appropriate authority. In addition, and as an example, the MGDPA requires notification to individuals if there has been an unauthorized acquisition of data maintained by a government entity that compromises the security and classification of the data. 5. Data Access, Generally. Access to the CJN System is only granted to Agency as provided for in the Agreement. In addition to the identity management responsibilities in Section 9 of the Agreement, Agency must, at a minimum: (i) ensure that its Permitted Users do not reveal their access credentials to anyone; (ii) ensure that Permitted Users will not share access credentials; (iii) immediately inform CJN if there is a reason to believe that anyone may have learned of or used any Permitted User’s access credentials; (iv) keep CJN updated on all Permitted Users’ access rights and regularly review all access rights to ensure current access rights to the CJN System are appropriate and no greater than are required for a Permitted User to perform his/her functions; (v) remove a Permitted User’s access rights within the CJN System if there is a change (e.g. termination, reassignment, etc.) in the Permitted User’s status or access requirements within three (3) business days of such change; and vi) ensure that Permitted Users do not attempt to, nor assist others, in subverting CJN network security to impair its functionality or to bypass restrictions set by IT administrators or CJN. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 12 of 13 6. Driver and Vehicle Data Access. The following clause applies if Agency subscribes to the eForms, eBriefing or Search applications. The Parties agree that Agency’s Permitted Users must comply with the Driver’s Privacy Protection Act (DPPA), Minn. Stat. §§ 168.346 and 171.12 when accessing driver and vehicle services (DVS) data through CJN’s Bureau of Criminal Apprehension (BCA) portal. Agency is solely responsible and liable for any actions taken by Permitted Users regarding DVS access. Agency must, at a minimum: (i) ensure that access to the DVS system is restricted to Permitted Users who need access to perform their job duties; (ii) train all Permitted Users on the proper use and dissemination of DVS data; (iii) ensure that all Permitted Users with access to the DVS system sign an Individual Access Agreement that is available to CJN upon request; (iv) disable a Permitted User’s access within three (3) days of an assignment change or separation from employment; (v) ensure each Permitted User has a unique username and password, which is only available to the Permitted User (no shared usernames/passwords); and (vi) cooperate with CJN regarding any audit of Permitted Users’ DVS searches. CJN will maintain a way to verify DVS searches for at least five (5) years from the date of the search and will present the records to DVS upon request, or a longer period if requested by the MN Department of Public Safety or BCA. 7. Data Sharing. The Parties agree that Agency is responsible for its decision to allow other CJN Participating Agencies or third-parties to access Agency Data through the CJN System. If Agency is a law enforcement agency, it expressly agrees that Minn. Stat. § 13.82, subd. 24 applies, and it agrees to share all Agency Data with all other current and future law enforcement CJN Participating Agencies, unless Agency does one or both of the following: (a) marks specific forms, information or identities as protected through available CJN administrative tools; and/or (b) requests in writing to CJN to limit data sharing in the Records Management System/Search application interface. Upon request, CJN will provide Agency with a list of all CJN Participating Agencies with access to Agency Data. From time-to-time Agency may request in writing specialized business rules to route Agency Data externally through the CJN System. Agency is responsible for compliance with any legal requirements governing the routing of Agency Data using specialized business rules through the CJN System. 8. Data Retention and Deletion. Agency is responsible for complying with the Official Records Act, Minn. Stat. § 15.17, and the Records Management Act, Minn. Stat. § 138.17, with respect to its Agency Data. CJN is not the records custodian of Agency Data. Any retention of Agency Data by CJN is for Agency’s business use while using the CJN System. Within sixty (60) days after expiration or termination of the Agreement, CJN will provide Agency with a copy of Agency Data. Within a reasonable time after providing the Agency Data, CJN will delete and remove all the Agency Data from CJN’s servers and data storage facilities. 9. Data Requests. If Agency receives a request under the MGDPA, or similar law, for another CJN Participating Agency’s data, it must refer the requestor to the originating CJN Participating Agency. If Agency receives a court order or subpoena for another CJN Participating Agency’s data, it must notify the originating CJN Participating Agency and CJN. Additionally, CJN will notify Agency if it receives a court order, subpoena, or data request for Agency’s Data. CJN will direct the requestor to the Agency for the requested Agency Data. In the event CJN must respond to the court order, subpoena, or data request, it will consult with Agency on the data production and Agency must cooperate with CJN in fulfilling the request, and pay all costs associated with producing the data. 10. Litigation Holds. If Agency determines that CJN maintains relevant information to a notice of claim or other legal action, it must provide Notice to CJN and include the specific CJN information relevant to the notice of claim or other legal action. Within ten (10) business days of the receipt of Agency’s Notice, CJN will prepare a copy of all requested information, including available metadata, and provide it to Agency. CJN will not have any further obligation to preserve the relevant information after it provides a copy to Agency. 11. Data Management. It is the responsibility of Agency to maintain Agency Data within the CJN System in accordance with the MGDPA and all other laws and rules governing the data. Agency must, at a minimum: (i) delete records in compliance with an expungement/seal order and in compliance with the destruction requirements of Minn. Stat. § 299C.11 (destruction of arrest records); (ii) delete Gun Permit application data in accordance with Minn. Stat. §§ 624.714, subd. 14 (permit to carry) and 624.7132, subd. 10 (permit to purchase); (iii) protect the identities of individuals qualifying for protection under Minn. Stat. § 13.82, subd. 17, Minn. Stat. § 13.822 (sexual assault victims), Minn. Stat. § 13.045 (Safe at Home participants) and all other laws protecting the identity of an individual, by utilizing the CJN administrative tools; (iv) clear probable cause pick-ups and hold alerts in the eBriefing application in a timely manner but not to exceed two (2) hours from the time of pick-up; and (v) prohibit the entry of private personnel data in the Employee Comments DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 CJN Contract Number: C0035401 CJN JPO Members Service Agreement (4.26.22) Page 13 of 13 section of the Scheduling application and caution Permitted Users that the Employee Comments are viewable by other employees. 12. Data Accuracy and Verification. Agency acknowledges that other CJN Participating Agencies’ data made available to Agency pursuant to this Agreement may not be accurate or complete and may contain not public information, for example active criminal investigative data, protected identities, vulnerable adult/child maltreatment identity data, or deliberative process data. The Agency agrees to make every effort to share only data that is accurate and reliable. It is the responsibility of the Agency when it requests or uses any other CJN Participating Agency’s data to confirm its accuracy with the originating CJN Participating Agency that authored the data before taking any action in reliance. CJN does not warrant the accuracy or completeness of any data in the CJN System and cannot and will not provide such verification of its accuracy or completeness. 13. Data Breach. Agency must notify CJN by emailing CJNsupport@co.dakota.mn.us or calling 651-438-8348 immediately, but not to exceed two (2) business days, after Agency’s or a Permitted User’s discovery of an actual or suspected Data Security Incident. A “Data Security Incident” is defined herein as the unauthorized or unlawful processing, accessing, viewing, acquiring, or disclosing of any data in the CJN System, including Agency Data, the unauthorized or accidental loss, destruction, damage, alteration of any data in the CJN System, including Agency Data, or the breach or attempted breach of CJN’s security measures. The notification must include, at a minimum: (i) the nature of the Data Security Incident; (ii) the types of potentially compromised data; (iii) the duration and expected consequences of the Data Security Incident; and (iv) any mitigation or remediation measures taken or planned by Agency in response to the Data Security Incident. Agency must cooperate with CJN in the investigation, containment, and mitigation of any Data Security Incident as requested and directed by CJN. After learning of a Data Security Incident of the CJN System impacting Agency Data, CJN must notify Agency in a timely manner, not to exceed two (2) business days. 14. Training. The Parties agree that Agency must provide its Permitted Users with ongoing data privacy and security training and is responsible for its Permitted Users’ compliance with this Attachment and the Agreement. 15. System Administration. CJN representatives, employees, vendors, and consultants will have limited access to Agency Data solely for providing, supporting, and improving the CJN System. 16. Sanctions. CJN may immediately temporarily suspend Agency’s or any Permitted Users’ right to access or use any portion or all of the CJN System if Agency or Permitted Users use of the CJN System may: (i) pose a security risk to the CJN System, Dakota County network (if applicable) or a third party; (ii) adversely impact the CJN System, Dakota County network (if applicable), or another CJN Participating Agency’s data; (iii) violates the law; or (iv) violates this Attachment or the Agreement. Following the temporary suspension, CJN will provide Agency with prompt Notice as well as the opportunity to correct the occurrence at the sole discretion of CJN. 17. CJIS Management Control Agreement. As required by the CJIS Security Policy, CJN will maintain a management control agreement (“MCA”) with one or more of the CJN member criminal justice agencies, which stipulates that management control of the criminal justice function remains solely with the criminal justice agency. Additionally, the Dakota County Information Technology Department will maintain a MCA with one or more of the CJN member criminal justices agencies during such time as Dakota County hosts criminal justice information (“CJI”) on behalf of CJN. CJN will provide Agency with copies of the MCAs upon request. DocuSign Envelope ID: 1E8AF6DF-77ED-4484-BFFD-DBD22B13B420 VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: 2022 Budget Amendments Council Action Requested: Approve amendments to the 2022 Budget: • $45,000 for election workers • $27,000 for heating/cooling at Joint Maintenance Facility • $20,000 for City Hall boiler repair • $86,000 for CSA 46 engineering Background Information: • Election Workers – In data entry for the budget, $45,000 was inadvertently omitted. There are be primary and general elections this year, so these funds are necessary to cover payroll for election workers. • Parks/School Joint Facility – With more recent facility reviews, we’ve determined the need to replace the roof-top unit for heating and cooling the Parks/School Joint Maintenance Facility. This equipment is needed to maintain habitability of the building, it has required several repairs in recent years, and it appears it may be venting carbon monoxide into the building. Cost is estimated at $27,000, including electric. Under our agreement, the School District would be responsible for half the expense. • City Hall Boilers & Heat Exchange – We planned to replace the boilers (which are at the end of their serviceable life) as part of the City Hall Dome & HVAC project this year. Now design, approvals, and long lead-times are pushing this construction after the first of the year. In order to have heat in the building, an estimated $20,000 is needed to rehab the boilers, condensate tank, steam traps, and hot water pump through one final season. • CSAH 46 – We were not planning on a cost-share for the CSAH 46 project this year (construction is scheduled for 2024, depending on grant assistance). However we are beginning to incur engineering costs associated with the project. These expenses are likely to be spread across 2022 and 2023. $86,000 would come primarily from the general fund, though some may utilize our Municipal State Aid account. VIII-12 Financial Impact: $177,000, partially offset by School District cost-share and energy rebates Committee Discussion: Not applicable Attachment: Not applicable VIII-12 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: Out of State Travel for Great River Rail Commission Council Action Requested: Adopt Resolution: Approving Out of State Travel for Great River Rail Commission Background Information: Minnesota Statutes 471.661 requires the City to have a written policy for out of state travel by elected officials. The City’s policy complies with the requirements of the statute. The City’s policy also requires such travel to have advanced approval by resolution. The Great River Rail Commission plans to take Amtrak’s Empire Builder train to Milwaukee, Wisconsin and back on August 4-5. The purpose is to experience a passenger train trip on part of the same route of the future Twin Cities Milwaukee Chicago Second Train as well as intermodal connections. GRRC will meet with representatives from Amtrak, Wisconsin DOT, and Milwaukee Streetcar to discuss long-term plans and marketing of the TCMC Second Train. Councilmember Vaughan is the City’s appointed representative on the Great River Rail Commission. Financial Impact: Estimate $500, within approved travel/training budget. The cost includes a coach train ticket, hotel, and meals. Committee Discussion: Not applicable Attachments: • City of Hastings Travel Policy for Elected Officials Traveling Out of the State of Minnesota • Resolution: Approving Out of State Travel for Great River Rail Commission VIII-13 City of Hastings’ Travel Policy For Elected Officials Traveling Out of the State of Minnesota Purpose The City of Hastings recognizes that its elected official may at times receive value from traveling out of the state for workshops, conferences, events and other assignments. This policy has been developed which sets forth the conditions under which out-of-state travel will be reimbursed by the City. Guidelines 1. The event, workshop, conference or assignment must be approved in advance by a resolution of the Hastings City Council and must include an estimate of the cost of the travel. In evaluating the out-of- state travel request, the Council will consider the following: • Whether the elected official will be receiving training on issues relevant to the city or to his or her role as an elected official for the City of Hastings; • Whether the elected official will be meeting and networking with other elected officials from around the country to exchange ideas on topics of relevance to the City or on the official roles of local elected officials. • Whether the elected official will be viewing a city facility/function which is similar in nature to one that the City is currently operating, or is under consideration by the City or, where the purpose of the trip is to study a facility/function in order to bring back ideas for the consideration of the full council. • Whether the elected official has been specifically assigned by the Council to visit another city for the purpose of establishing a goodwill relationship such as a “sister-city” relationship. • Whether the elected official has been specifically assigned by the Council to testify on behalf of the City at the United States Congress or to otherwise meet with federal officials on behalf of the City. • Whether the City has sufficient funding available in the budget to pay the cost of the trip. 2. No reimbursements will be made for attendance at events sponsored by or affiliated with political parties. 3. The City of Hastings may make payments in advance for airfare, lodging and registration if specifically approved by the City Council. Otherwise, all payments will be made as reimbursements to the elected official. 4. The City will reimburse for transportation, lodging, meals, registration, and incidental costs using the same procedures, limitations and guidelines outlined in the city’s policy for out-of-state travel by city employees. The City of Hastings may amend or revise this policy at any time as it determines necessary. Adopted: October 16, 2005 Reviewed: January 20, 2009 VIII-13 RESOLUTION # ______ Approving Out of State Travel for Great River Rail Commission WHEREAS, Minnesota Statutes 471.661 requires the City to have on record a policy that controls out of state travel by elected officials; WHEREAS, the City of Hastings policy requires that out of state travel be approved in advance by a resolution; WHEREAS, the Great River Rail Commission plans to take Amtrak’s Empire Builder train to Milwaukee, Wisconsin and back on August 4-5; WHEREAS, the purpose is to experience a passenger train trip on part of the same route of the future TCMC Second Train as well as intermodal connections; WHEREAS, GRRC will meet with representatives from Amtrak, Wisconsin DOT, and Milwaukee Streetcar to discuss long-term plans and marketing of the TCMC Second Train; WHEREAS, Councilmember Vaughan is the City’s appointed representative on the GRRC. AND, WHEREAS, the approved 2022 budget includes adequate funding to cover the estimated $500 cost. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Hastings City Council that out of state travel by Councilmember Vaughan meets the requirements of the City’s out of state travel policy and is approved. Adopted this 20th day of June, 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-13 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: Police Sergeant Base Wages Council Action Requested: Approve Memorandum of Agreement with LELS, Local Unit 462 representing the Police Sergeants for a 1% base wage increase effective July 1, 2022. Background Information: On January 3, 2022, the City Council approved a January 2022 through December 2023 collective bargaining agreement with the Law Enforcement Labor Services, Inc, Local No. 462 representing the Police Sergeants. Recognizing the pending Compensation & Classification Study, the agreement includes a provision: The City and Union agree to a reopener of this Section 22.1 Base Pay Rate upon completion of the pending Compensation & Classification Study with the intent of beginning implementation of the Compensation & Classification Study with an effective date of no later than July 1, 2022. The study has been progressing, and we now expect its completion in mid July. Then based on the results of the study, we would develop recommendations for implementing any wage adjustments, so it would probably be into August before we bring final implementation recommendations to the City Council. Recognizing the agreed intent to begin implementation by July 1 and the expected completion of the study recommendations in August, we have negotiated the attached Memorandum of Agreement to provide a modest wage adjustment July 1 and negotiate any additional adjustments after completion of the study. Regarding a similar provision in the Police Officers collective bargaining agreement, that union indicated its willingness to wait a couple months for completion of the study for a re-opener, at which time a wage adjustment may be considered retroactive back to July 1. VIII-14 Financial Impact: Estimate $3,860 Committee Discussion: No Applicable Attachment: Memorandum of Agreement: July 1, 2022 Base Wages VIII-14 MEMORANDUM OF AGREEMENT July 1, 2022 Base Wages This Memorandum of Agreement is between the City of Hastings (Employer) and the Law Enforcement Labor Services, Inc., Union, Local No. 462 Sergeants Bargaining Unit (Union), as it pertains to the Labor Agreement between Employer and Union effective January 1, 2022 through December 31, 2023. The City of Hastings and Law Enforcement Labor Services, Inc., Union Local No. 462 Sergeants Bargaining Unit hereby agree as follows: • Base Wages under Section 22.1 shall increase by 1% effective July 1, 2022: July 1, 2022: $51.48 per hour January 1, 2023: $53.02 per hour • City and Union agree to a re-opener of Section 22.1 regarding base wages upon completion of the Compensation & Classification Study (anticipated in mid August 2022) Agreed this ______ of June, 2022. City of Hastings: _______________________ Mary Fasbender, Mayor _______________________ Dan Wietecha, City Administrator _______________________ Kelly Murtaugh, City Clerk LELS, Local No. 462: _______________________ Kevin McGrath, Business Agent _______________________ Kyle Linscheid, Steward _______________________ Mary Fasbender, Mayor VIII-14 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Eitemiller, Finance Manager Date: June 20, 2022 Item: Presentation and Approval of the 2021 Comprehensive Financial Report Council Action Requested: Presentation of the 2021 Annual Comprehensive Financial Report by Bergan KDV and Acceptance of the 2021 Annual Comprehensive Financial Report (ACFR). Background Information: The annual audit has been completed. Due to scheduling difficulties, the Finance Committee of the Council has not met to review the results of the audit and the Auditor’s report. Bergan KDV is available for questions tonight. The City earned an unmodified opinion or “clean” opinion which is the best opinion an auditor is able to offer. Financial Impact: No financial impact. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Bergan KDV presentation will be provided as soon as available The 2021 Certified Annual Financial Report will be posted on the City of Hastings’ website after it is formally accepted by the City Council. IX-01 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: June 20, 2022 Item: Resolution: Variance to Maximum Accessory Structure Size - Heselton - 707 1st Street E Council Action Requested: Adopt the attached resolution granting a variance to City Code Chapter 155.05, Subd. (D)(11) to allow construction of an accessory building exceeding the 1,000 s.f. maximum floor area size requirement as proposed by property owner Terry Heselton located at 707 1st Street E. Adoption of the resolution requires the support of at least six of seven Councilmembers. Background Information: The 1.18 acre parcel contains the historic Hastings Foundry-Star Iron Works Building constructed in 1859 (approximately 3,500 s.f.). A single family home is also located on the property approximately 75 feet from the Iron Works Building. The applicant wishes to construct a 1,000 s.f. garage for his vehicles closer to the home. City Code allows for two accessory buildings in which the combined total does not exceed 1,000 s.f. Financial Impact: N\A Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend approval of the Variance at the June 13, 2022 meeting with limited discussion. No one from the public spoke for or against the item during the meeting. Prior to the meeting the City did receive one phone call from a neighbor opposed to the construction of another garage on the property. Council Committee Discussion: N\A Attachments: • Resolution: Variance • Planning Commission Staff Report - June 13, 2022 X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A VARIANCE TO THE MAXIMUM SIZE OF ACCESSORY BUILDINGS FOR TERRY HESELTON AT 707 1ST STREET E Council member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Terry Heselton, Property Owner, seeks to construct a 1,000 s.f. accessory building to serve as a garage on property generally located at 707 1st Street E and legally described as Lots 1-4, Block 104, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, The Subject Property is Zoned R-2, Medium Density Residence per Hastings City Code Chapter 155.01 (A) - Zoning Map; and WHEREAS, The Subject Property contains the historic Hastings Foundry-Star Iron Works Building constructed in 1859 and listed on the National Register of Historic Places. The +/- 3,500 s.f. historic structure serves as an accessory building to an existing home located on the Subject Property. The home does not have an attached garage; and WHEREAS, Hastings City Code Chapter 155.05(D)(11) allows homes within the R-2 District without attached garages to construct a maximum of two accessory structures with a combined maximum total not to exceed 1,000 s.f.; and WHEREAS, The Property Owner seeks a variance to Hastings City Code Chapter 155.05(D)(11) to allow construction of a 1,000 s.f. garage on the Subject Property along with the existing Hastings Foundry-Star Iron Works Building; and WHEREAS, on June 13, 2022, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the findings of fact contained herein; and WHEREAS the City Council acting as the Board of Zoning Adjustment and Appeals has reviewed the request and concurs with the recommendation of the Planning Commission; and X-C-01 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the variance as presented to the City Council based on the following findings of fact: 1) The physical surroundings and conditions of land present a practical difficulty. The site was originally developed in 1859 as an industrial site with the stone building as the principal structure. The home was constructed many years later. The 75-foot separation of these structures does not readily allow the stone building to be used as a true accessory structure to the home and cannot be demolished, moved, or greatly modified, all of which pose a practical difficulty to the homeowner. 2) Site conditions are highly unique to the subject tract of land. While there are other historic garages in Hastings, they are readily usable as accessories to the adjacent home, as they were originally constructed for that purpose. 3) The owner doesn’t seek to obtain the variance exclusively to increase the value or income potential of the lot, as the variance is necessary to construct a typical garage. The applicant will remove other existing accessory buildings to comply as much as possible with ordinance requirements. 4) Granting of the variance will not be detrimental to the public welfare or injurious to other land improvements in the vicinity. Granting of the variance would allow for the construction of a garage meeting all flood and building code requirements. Additionally, the removal of the two 30-year old structures behind the stone building will remove two structures that do not likely meet current ordinances relating to building codes, zoning, floodplain, and negatively affect the historical integrity of the historic stone building. 5) The property will not impair light, air, congestion, fire danger, public safety, or property values within the vicinity. The removal of the existing accessory buildings behind the stone building do not have the proper fire separation presently, thereby eliminating a potential fire hazard with their removal. 6) The variance is in harmony with the purposes and intent of ordinance. While this large four lot parcel will exceed the maximum size for accessory structures, the home and proposed garage will appear to be a typical house and garage and the historic stone building will appear to be the stand-alone stone structure it has been for nearly 165 years. This large parcel will have less lot coverage of structures than typical properties. 7) The property is guided for low density residential development. The proposed use is consistent with the Comprehensive Plan. X-C-01 8) The proposal puts the property to use in a reasonable manner. 9) The practical difficulty is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land; The practical difficulties were created by the official controls that classify the historic stone building as an accessory to the house, despite it not having been designed, built, or adaptable for that purpose. 10) The variance does not alter the essential character of the locality. The parcel will continue to operate consistent with the way the property has existed for over a century and similarly to the surrounding area. 11) The variance is not sought for economic considerations. Construction of a flat roof does not increase value or income to the property. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Approval of the variance is subject to the following conditions: 1. Conformance with the City Council Staff Memo and plans dated June 20, 2022. 2. Approval is subject to a one year Sunset Clause; recording of the subsequent minor subdivision request must occur within one year of this resolution or the approval is null and void. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Adopted by the Hastings City Council on June 20, 2022 by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh City Clerk X-C-01 I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20th day of June 2022, as disclosed by the records of the City of Hastings on file and of record in the office. _______________________________ Kelly Murtaugh City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-01 To: Planning Commissioners From: Justin Fortney, City Planner Date: June 13, 2022 Item: Variance #2022-40 – Accessory Structure Size – 707 1st Street E – Terry Heselton Planning Commission Action Requested The Planning Commission is asked to review the following variance and make a recommendation to the City Council. 1) A variance to the maximum size of accessory structures. Chapter 155.05, Subd. (D)(11) – Accessory structures: R-2 1,000 Square feet total. Background Information The large stone building on the site is the historic Hastings Foundry-Star Iron Works building that was built in 1859. It is the earliest surviving industrial site in the state. The building is historically significant as the location where the first steam engine in Minnesota was built (1860) and subsequent engines for railroad elevators and riverboats. Iron for bridges and other structures were also built hear along with riverboats, some of the first automobiles and other items and inventions. The building was listed on the National Register of Historic Places in 1979. The current parcel is made up of four Town of Hastings lots. The house sitting on the east side of the parcel on lot one, was constructed in 1913. Staff is not aware of any historical significance of the house. Behind the stone building are some metal structures that were built about 30-years ago. Those structures have a combined size of about 1,000 Sf would be removed with construction of the proposed garage. There is another structure behind the house that is defined as a portable carport rather than an accessory structure. A home without an attached garage may have two accessory structures up to 1,000 sf total in size. Removal of the 30-year old structures would allow the historic stone building and the proposed garage, if not for the limitation on total structure size. The applicant proposes to construct a 1,000 sf (25’ by 40’) garage for his vehicles. The stone building had been used by the applicant for a permitted home occupation of his excavation business. Now retired, he uses it for a personal shop and storage of the excavation equipment he has held on to in retirement. He states that the stone building is not conducive as a residential garage due to its distance from the home and design. The proposal was reviewed by the Hastings HPC (Heritage Preservation Commission) as a local heritage preservation site. The proposal was approved as currently presented at their May 17, Planning Commission Memorandum X-C-01 2022 meeting. They found that due to the location of the proposed garage, the historic integrity of the stone building would not be adversely affected. The property is within the flood fringe district, requiring new improvements to be elevated on fill one-foot above the base flood elevation. That would require about three to four feet of fill in the proposed location, which is about two feet higher than the street. Variance Definition Variances are deviations from strict compliance of City Code provisions. The Board of Adjustment and Appeals may issue a variance upon determination of findings of fact and conclusions supporting the variance as established in Chapter 30.02, Subd. F of the City Code. Board of Zoning Adjustment and Appeals Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and Appeals and appoints the City Council and Planning Commission to facilitate the Board’s roles and duties. Applications for Variances require Board of Zoning Adjustment and Appeals review. Variance Review City Code Chapter 30.02(F) establishes the requirement for granting variances. The Planning Commission (acting in part as the Board of Adjustment and Appeals) may consider variances to the Zoning Code that are not contrary to the public interest where owing to special conditions, and where a literal enforcement of the provision of the City Code would result in practical difficulties. Variances may be granted providing the following has been satisfied (staff review appears in bold italics): (1) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; The site was originally developed in 1859 as an industrial site with the stone building as the principal structure. The home was constructed many years later. The 75-foot separation of these structures does not readily allow the stone building to be used as a true accessory structure to the home and cannot be demolished, moved, or greatly modified, all of which pose a practical difficulty to the homeowner. (2) The conditions upon which the petition for a variance is based are unique to the tract of land for which the variance is sought and not applicable, generally, to other property with the same zoning classification; The conditions above are highly unique to the subject tract of land. While there are other historic garages in Hastings, they are readily usable as accessories to the adjacent home, as they were originally constructed for that purpose. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land; The owner doesn’t seek to obtain the variance exclusively to increase the value or income potential of the lot, as the variance is necessary to construct a X-C-01 typical garage. The applicant is even removing existing buildings to comply as much as possible with ordinance requirements. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the tract of land is located; Granting of the variance would allow for the construction of a garage meeting all flood and building code requirements. Additionally, the removal of the two 30-year old structures behind the stone building will remove two structures that do not likely meet current ordinances relating to building codes, zoning, floodplain, and negatively affect the historical integrity of the historic stone building. (5) The proposed variance will not impair an adequate supply of light and air to property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity; It does not appear that the variance will impair light, air, congestion, fire danger, public safety, or property values within the vicinity, as the proposed garage is located between existing structures on the subject property. The removal of the existing accessory buildings behind the stone building do not have the proper fire separation presently, thereby eliminating a potential fire hazard with their removal. (6) The variance is in harmony with the purposes and intent of ordinance; Yes, the purpose and intent of the ordinance is to limit accessory uses taking up the entire parcel. While this large four lot parcel will have more than the allowed amount, the home and proposed garage will appear to be a typical house and garage and the historic stone building will appear to be the stand-alone stone structure it has been for nearly 165 years. This large parcel will have less lot coverage of structures than typical properties. (7) The variance is consistent with the comprehensive plan; Yes, the Comprehensive Plan guides this area as residential. This would allow accessory uses subordinate to principal uses. (8) The proposal puts the property to use in a reasonable manner; Construction of a detached garage adjacent to a home is certainly reasonable. (9) There are practical difficulties in complying with the official control. “Practical difficulties”, as used in connection with the granting of the variance means that: (a) The property owner proposes to use the property in a reasonable manner not permitted by an official control; Yes, as stated in number 8 above. (b) The practical difficulty is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land; The practical difficulties were created by the official controls that classify the historic stone building as an accessory to the house, despite it not having been designed, built, or adaptable for that purpose. X-C-01 1. A practical difficulty is not present if the proposal could be reasonably accomplished under the current Ordinance requirements. The applicant cannot accomplish the proposal under the current ordinance requirements. The applicant has pledged to remove the metal accessory buildings behind the stone building in an effort to comply as much as possible with the ordinance requirements. (c) The variance, if granted, will not alter the essential character of the locality. The parcel will continue to operate consistent with the way the property has existed for over a century and similarly to the surrounding area. (d) Economic considerations alone do not constitute practical difficulties. The applicant has not stated any financial reasoning for the variance. (e) Practical difficulties include inadequate access to direct sunlight for solar energy systems. Not applicable. NOTIFICATION Property owners within 350-feet of the subject property were notified of the variance request to construct an additional accessory structure. Staff received an anonymous voicemail from a notice recipient stating they didn’t want the property to have any more buildings. RECOMMENDATION Approval of the variance is recommended based on the preceding findings of fact and subject to the following conditions. Conditions 1. Conformance with the Planning Commission Staff Report and plans dated June 13, 2022. 2. Approval is subject to a one-year Sunset Clause; if progress on the proposal is not made within one year of City Council approval, the approval is null and void. 3. The proposed garage must meet all applicable building codes, shoreland, zoning, and floodplain ordinance requirements. 4. The structures immediately north of the stone building must be removed to validate the variance. ATTACHMENTS • Location Map • Site Photos • Plans X-C-01 Aerial Map X-C-01 Superimposed image may not be to scale. X-C-01 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: June 20, 2022 Item: Resolution: Site Plan - KFC Restaurant - 1726 Vermillion St Council Action Requested: Adopt the attached resolution granting Site Plan Approval. Adoption requires a simple majority of Council. Background Information: The +/- 3,100 s.f. KFC restaurant would be constructed at the northwest corner of 18th and Vermillion Street. The 0.66 acre parcel formerly contained a Freedom Gas Station which has been removed. Financial Impact: Construction of the building will increase the tax base. Advisory Commission Discussion: The Planning Commission voted 6-1 (nay - LeBrun) to recommend approval of the Site Plan at the June 13, 2022 meeting. Marci Jorgensen and Tim Bader of 122 18th Street W spoke at the meeting. They abut the property to the west and had concerns about traffic, noise, and odors. Representatives from KFC also joined via zoom to address comments. Commissioners discussed buffering to residential neighbors to the west, traffic, odors, and configuration of building on the site. Council Committee Discussion: N\A Attachments: • Resolution: Site Plan • Planning Commission Staff Report - June 13, 2022 X-C-02 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL TO CONSTRUCT A KFC RESTAURANT AT 1726 VERMILLION STREET. Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, BP Argonaut RE LLC, Property Owner, has petitioned for Site Plan approval to construct +/- 3,100 s.f. KFC Restaurant located at 1726 Vermillion Street, legally described as Lots 21-24, Block 7 LEDUCS W G ADDTION, together with the north 34 feet of vacated 18th Street adjacent thereto, all within Dakota County, Minnesota; and WHEREAS, on June 13, 2022 review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request subject to the conditions hereunder; and WHEREAS, The City Council has reviewed the request and recommendation of the Planning Commission. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented subject to the following conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated June 20, 2022 2. All disturbed areas on the property shall be protected to eliminate erosion control problems. 3. Approval of a building permit. X-C-02 4. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. 5. The City Engineering Department must approve the utility, grading, drainage, and erosion control plan. 6. City and state right-of-way permits are needed for the proposed entrances. 7. Incorporate final requirements from MN Dot’s review. 8. A utility abandonment agreement is required with the city for all unused utility stubs adjacent to the property. Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on June 20, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor (City Seal) ________________________________ Kelly Murtaugh, City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 20th day of June 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 X-C-02 To: Planning Commissioners From: Justin Fortney, City Planner Date: June 13, 2022 Item: Site Plan – KFC Restaurant 2022-39 - 1726 Vermillion Street Planning Commission Action Requested Review the proposal to construct a KFC restaurant and make a recommendation to the City Council. Background Information The location is on the former Freedom Gas Station site at 18th St E and Vermillion St. The gas station, awning, and tanks, have all been removed. Comprehensive Plan The property is guided Commercial within the 2040 Comprehensive Plan. Zoning The property is zoned C-3 – Community Regional Commerce. Allowable uses include restaurants, retail sales and services, etc. Existing Condition The existing site has been demolished except for the concrete parking lot. The fuel tanks have been removed. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North Dairy store/dairy offices Commercial C-3 Commercial East Dairy trailer parking (61) Commercial C-3 Commercial South Leased office/commercial Commercial C-3 Commercial West Single-family homes Residential – Med. Dens. R-2 Medium Density Planning Commission Memorandum X-C-02 Site Plan Review Vehicular Access and Circulation The proposal includes a driveway onto 18th Street, a right-in / right-out onto Vermillion Street, and maintains existing cross access to the north. The site has a long drive-thru cue lane. The cue drive is 15-feet wide. Building Setbacks There are no prescribed minimum setbacks within the zoning district, however, proposed setbacks are reviewed during site plan review for conformity with the area. Building setbacks are existing and are adequate. The previous convenience store was 16-feet from the western property line. The proposed western elevation will include a menu board, cue lane, and pick up window. The applicants propose to buffer the activity from the residential lots with a proposed building setback of 27.8-feet from the western property line, a 12.3-foot wide landscape buffer with trees and an 8-foot tall vinyl fence. Required Parking Parking meets minimum requirements as follows: Architectural Design The applicant is proposing façades with ample amount of glass, brick, and fiber cement siding, which all easily meet the minnimum requirements of class one and two materials. Landscape Plan The proposed landscaping meets the requirements based on the following. The required number of trees and shrubs are provided based on the lot perimeter and amount of pavement/ concrete coverage. An evergreen hedge is proposed to buffer the parking lot. An eight-foot-tall vinyl fence is proposed in the west 12.3-foot wide landscape strip to further buffer the residential lots. Lighting Plan The lighting plan shows light levels at the property lines below the maximum allowable limits. Along the western property line only 0.5 footcandles are allowed due to the adjacent residencial zoning. The proposed lighting levels vary from 0.4 to 0.1 footcandles in that location. Grading, Drainage, Erosion Control and Utility Plan Review The drainange, grading and errosion control plan is being reviewed by the City Engineering Department for compliance. Parking Required Parking Seats Requirement Needed Proposed Restaurant 24 1 per 3 seats 8 11 X-C-02 Comments Staff received the following comments: Good morning John, we are very concerned with several issues surrounding a KFC being developed on the 18th street and vermilion corner. first and foremost the space surrounding the property and traffic in and out of the property, and down 18th street with children and pets safety being of paramount importance. Second, the constant litter of bones and greasy paper being strewn about up and down 18th, creating health hazards for our pets and children. Third, the 18 hour smell of fried chicken consuming our air quality in all adjacent properties, would be enough for us to move and degrade our property values. I know that it would be incumbent on us to sell to the lowest possible bidders if such an establishment were to be built. Some of us on 18th and surrounding blocks will be laser focused on stopping this from going forward. Thank you for your time. Tim Bader and Marci Jorgensen 122 18th Street Recommendation Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated June 13, 2022 2. All disturbed areas on the property shall be protected to eliminate erosion control problems. 3. Approval of a building permit. 4. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. 5. The City Engineering Department must approve the utility, grading, drainage, and erosion control plan. 6. City and state right-of-way permits are needed for the proposed entrances. 7. Incorporate final requirements from MNDot’s review. 8. A utility abandonment agreement is required with the city for all unused utility stubs adjacent to the property. ATTACHMENTS • Site Location Map • Site Picture • Architectural Elevations • Site Plans X-C-02 2011 Aerial X-C-02 2021 Aerial X-C-02 Site Photos Materials and Elevations X-C-02 SIGNAGE CALCULATIONS - MAIN ENTRANCE FACADE FACADE 1,592 SQ. FT. / 5% =79 SF TOTAL SIGNAGE SQUARE FOOTAGE 52 SF 52 SF A4.0 EXTERIOR ELEVATION MAIN ENTRY ELEVATION 1/4"=1'-0"A NOTE: SIGNAGES AND BUILDING ELEMENTS : REFER TO "VENDOR SUPPLIED / INSTALLED ELEMENTS" GENERAL NOTE; THIS SHEET. 8 15 11 16 1 1 15 1 3 3 2 10 10 16 SEE SHEET A1.1 "WINDOW TYPES" FOR WINDOW ELEVATIONS. REFER TO SHEET A7.1 FOR EXTERIOR GRAPHICS - IMAGE COMPONENTS SCHEDULE - IMAGE COMPONENTS SCHEDULE; REFER TO GRAPHICS PACKAGE FOR ADDITIONAL INFORMATION. MISCELLANEOUS: A. B. THE GENERAL CONTRACTOR SHALL ENSURE THAT THE BRICK JOINTS ARE PLUMB AND LEVEL, AND THE BRICK FACES ALIGNED AND FLUSH. SEALANT AT ALL WALL AND ROOF PENETRATIONS. SEALANT AT ALL WINDOW AND DOOR FRAMES AT HEAD AND JAMB. DO NOT SEAL SILL AT WINDOWS. SEALERS ( REFER TO SPECS ): A. B. GC TO COORDINATE WITH VENDOR PROVIDED / VENDOR INSTALLED SIGNAGE AND BUILDING ELEMENTS. VENDOR SUPPLIED / INSTALLED ELEMENTS: PAINT WALL SURFACE BEHIND AWNING DRIVE-THRU WINDOW. SEE SHEET A2.1 PARAPET FASCIA CAP (COLOR: BLACK) METAL WRAP TO MATCH EXTERIOR STOREFRONT FRAMING (CLEAR ANODIZED ALUMINUM) ALUMINUM STOREFRONT WINDOW / DOOR SYSTEM. SEE SHEET A1.1. WALL LIGHTING - LIGHTING VENDOR SUPPLIED / GC INSTALLED. SEE SHEET E4.0. HARDI-PANEL SIDING HOSE BIB - REFER TO PLUMBING DRAWINGS. CO2 FILLER VALVE & COVER. SCUPPER, COLLECTOR AND DOWNSPOUT 6" MIN. SWITCHGEAR. INDICATES TOP OF ROOF DECK. OVERFLOW SCUPPER GAS METER. DO NOT PAINT METER. COORDINATE LOCATION OF GRAPHIC WITH FINAL ELECTRIC PANEL/GAS METER LOCATION. ADJUST HEIGHT OF LETTERS AS REQUIRED. TRIM BOARD. REFER TO WALL SECTIONS. VENDOR PROVIDED CANOPY LINE OF COLOR CHANGE NOT USED HARDIE PANEL WITH NO BATTENS THIS AREA. LINE OF BRICK SPEC. COLOR CHANGE. 6" WIDE PAINTED BAND. EMERGENCY LIGHTS, SEE ELECTRICAL SHEETS HARDIE TRIM 2.5" WIDTH, PAINTED TO MATCH ADJACENT SURFACES. STAINLESS STEEL CORNER GUARDS. HANDICAP SIGNAGE; MOUNT AT 5'-0" A.F.F. SECURITY DOOR. OWNER-SUPPLIED / G.C. INSTALL. EXTERIOR FINISH DIMENSION; TYPICAL. ROOFTOP EQUIPMENT - SHOWN DASHED FOR REFERENCE. LINEAR DOWNLIGHT FIXTURE. BRICK SCREEN WALL BETWEEN BUILDING AND DUMPSTER ENCLOSURE. SEE CIVIL DOCUMENTS. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 13 24 25 26 17 27 16 15 14 28 KEY NOTES BGENERAL NOTES CEXTERIOR FINISH SCHEDULE F NOTE: NOT ALL KEY NOTES APPLY TO THIS SHEETIMAGE COMPONETS D EXTERIOR WALL AREASYMBOL MANUFACTURER BLACK EXTERIOR BRICK @ BULDING BASE1 2 THE BELDEN BRICK COMPANY WHITE EXTERIOR BRICK @ BUILDING FACADE BRICK METAL 5 RED METAL 6 WHITE METAL SPECIAL FINISH 8 FIBER CEMENT SIDING AT WALLS PAINT 9 RED EXTERIOR PAINT 10 WHITE EXTERIOR PAINT p-1 p-2 br-1 br-2 m-1 m-2 sf-1 THE BELDEN BRICK COMPANY VENDOR PROVIDED VENDOR PROVIDED JAMES HARDIE TBD TBD DESCRIPTION NOTES METAL TRIM 15 EXTERIOR METAL TRIM (BLACK) 16 EXTERIOR METAL TRIM (RED) MODULAR FACE BRICK C216 BLACK DIAMOND VELOUR STANDARD RUNNING BOND MODULAR FACE BRICK ALASKA WHITE VELOUR STANDARD RUNNING BOND 48"X96"- PTD TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 48"X96"- PTD TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 BOARD AND BATTEN STYLE WHERE SHOWN (PAINTED) REFER TO EXTERIOR ELEVATIONS. TO MATCH BENJAMIN MOORE p-1 EXOTIC RED 2086-10 TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 www.jameshardie.com HARDIE PANEL VERTICAL SIDING - SMOOTH ALTERNATE: MODULAR FACE BRICK C216 DOWNING BLACK VELOUR STANDARD RUNNING BOND 29 TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 11 BLACK EXTERIOR PAINT p-3 TBD TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 30 IMAGE COMPONENTS SCHEDULE SIGNAGE *REFER TO GRAPHICS PACKAGE FOR MORE INFORMATION STRIPED BANNER PANELS -SIGNAGE BY VENDORB1c DT CANOPY (TRED) -SIGNAGE VENDORB3e B9a B9b S31a S3a S21b S26 S27a S27c S28 QUICK PICK UP CANOPY (RED - DT SIDE) NO SIGNAGE BY VENDOR L-SHAPE FRONT CANOPY (RED) - SIGNAGE BY VENDOR KFC LETTERS (RED) - 30" Primary Trademark COLONEL FACE @ BANNER PANELS ORIGINAL RECIPE FEATURE ONLINE ORDER PICKUP -canopy face vinyl ONLINE PICKUP ARROW EMBLEM - Wall @ pick up entry 11 HERBS & SPICES -stencil (CUSTOM SIZE) YES YES YES NO YES YES NO NO S29 MADE FRESH EVERY DAY- stencil (CUSTOM SIZE) S30 KENTUCKY FRIED CHICKEN LETTERS S31b S31c S31d ALL MY CHICKEN POSTER (W/FRAME) NO ORDER AHEAD POSTER (W/FRAME) FAST EASY PICK UP POSTER (W/FRAME) BEST INVENTION POSTER (W/FRAME) NO NO NO NO NO NO YES TAG QTY ITEM DESCRIPTION ELEC - - - - - - - - - - 1 1 1 1 1 1 31 22 10 7 8 10 1122 10 8 SIM 15 3 2 PLAN SET REVISIONS: NG-30-21 PLOT DATE:15.05.2022 BASE brand studios A DIVISION OF JEFFERSON_ARCHITECTURE 150 HUDDLESTON ROAD, STE 900 PEACHTREE CITY, GA 30269 770-632-9545 © COPYRIGHT 2022 JEFFERSON_ARCHITECTURE. THIS DOCUMENT AS AN INSTRUMENT OF SERVICE REMAINS THE PROPERTY OFJEFFERSON_ARCHITECTURE AND NO PART THEREOF MAY BE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM JEFFERSON_ARCHITECTURE. DESIGNER: Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT OF RECORD: BRAND ARCHITECTURAL DESIGNER: ISSUE DATES: SD KFC DAP ZONING BUILDING BIDS BUILDING TYPE: PLAN VERSION: SITE NUMBER: ENTITY NUMBER: STORE NUMBER: NG-30 21.1 315516 457604 xxxxx KFC 1726 VERMILLION ST. HASTINGS, MN 55033 2.24.22 3.01.22 5.16.22 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ X-C-02 SIGNAGE CALCULATIONS - DRIVE-THRU FACADE FACADE 1,592 SQ. FT. / 5% =79 SF TOTAL SIGNAGE SQUARE FOOTAGE 0 SF A4.1 EXTERIOR ELEVATIONS DRIVE-THRU ELEVATION 1/4"=1'-0"A NOTE: SIGNAGE AND BUILDING ELEMENTS : REFER TO "VENDOR SUPPLIED / INSTALLED ELEMENTS" GENERAL NOTE; THIS SHEET. 1 111 8 15 2 2 9 33 15 3'- 2 " 21 2 SEE SHEET A1.1 "WINDOW TYPES" FOR WINDOW ELEVATIONS. REFER TO SHEET A7.1 FOR EXTERIOR GRAPHICS - IMAGE COMPONENTS SCHEDULE - IMAGE COMPONENTS SCHEDULE; REFER TO GRAPHICS PACKAGE FOR ADDITIONAL INFORMATION. MISCELLANEOUS: A. B. THE GENERAL CONTRACTOR SHALL ENSURE THAT THE BRICK JOINTS ARE PLUMB AND LEVEL, AND THE BRICK FACES ALIGNED AND FLUSH. SEALANT AT ALL WALL AND ROOF PENETRATIONS. SEALANT AT ALL WINDOW AND DOOR FRAMES AT HEAD AND JAMB. DO NOT SEAL SILL AT WINDOWS. SEALERS ( REFER TO SPECS ): A. B. GC TO COORDINATE WITH VENDOR PROVIDED / VENDOR INSTALLED SIGNAGE AND BUILDING ELEMENTS. VENDOR SUPPLIED / INSTALLED ELEMENTS: PAINT WALL SURFACE BEHIND AWNING DRIVE-THRU WINDOW. SEE SHEET A2.1 PARAPET FASCIA CAP (COLOR: BLACK) METAL WRAP TO MATCH EXTERIOR STOREFRONT FRAMING (CLEAR ANODIZED ALUMINUM) ALUMINUM STOREFRONT WINDOW / DOOR SYSTEM. SEE SHEET A1.1. WALL LIGHTING - LIGHTING VENDOR SUPPLIED / GC INSTALLED. SEE SHEET E4.0. HARDI-PANEL SIDING HOSE BIB - REFER TO PLUMBING DRAWINGS. CO2 FILLER VALVE & COVER. SCUPPER, COLLECTOR AND DOWNSPOUT 6" MIN. SWITCHGEAR. INDICATES TOP OF ROOF DECK. OVERFLOW SCUPPER GAS METER. DO NOT PAINT METER. COORDINATE LOCATION OF GRAPHIC WITH FINAL ELECTRIC PANEL/GAS METER LOCATION. ADJUST HEIGHT OF LETTERS AS REQUIRED. TRIM BOARD. REFER TO WALL SECTIONS. VENDOR PROVIDED CANOPY LINE OF COLOR CHANGE NOT USED HARDIE PANEL WITH NO BATTENS THIS AREA. LINE OF BRICK SPEC. COLOR CHANGE. 6" WIDE PAINTED BAND. EMERGENCY LIGHTS, SEE ELECTRICAL SHEETS HARDIE TRIM 2.5" WIDTH, PAINTED TO MATCH ADJACENT SURFACES. STAINLESS STEEL CORNER GUARDS. HANDICAP SIGNAGE; MOUNT AT 5'-0" A.F.F. SECURITY DOOR. OWNER-SUPPLIED / G.C. INSTALL. EXTERIOR FINISH DIMENSION; TYPICAL. ROOFTOP EQUIPMENT - SHOWN DASHED FOR REFERENCE. LINEAR DOWNLIGHT FIXTURE. BRICK SCREEN WALL BETWEEN BUILDING AND DUMPSTER ENCLOSURE. SEE CIVIL DOCUMENTS. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 13 24 25 26 17 27 16 15 14 28 KEY NOTES BGENERAL NOTES CEXTERIOR FINISH SCHEDULE F NOTE: NOT ALL KEY NOTES APPLY TO THIS SHEETIMAGE COMPONETS D EXTERIOR WALL AREASYMBOL MANUFACTURER BLACK EXTERIOR BRICK @ BULDING BASE1 2 THE BELDEN BRICK COMPANY WHITE EXTERIOR BRICK @ BUILDING FACADE BRICK METAL 5 RED METAL 6 WHITE METAL SPECIAL FINISH 8 FIBER CEMENT SIDING AT WALLS PAINT 9 RED EXTERIOR PAINT 10 WHITE EXTERIOR PAINT p-1 p-2 br-1 br-2 m-1 m-2 sf-1 THE BELDEN BRICK COMPANY VENDOR PROVIDED VENDOR PROVIDED JAMES HARDIE TBD TBD DESCRIPTION NOTES METAL TRIM 15 EXTERIOR METAL TRIM (BLACK) 16 EXTERIOR METAL TRIM (RED) MODULAR FACE BRICK C216 BLACK DIAMOND VELOUR STANDARD RUNNING BOND MODULAR FACE BRICK ALASKA WHITE VELOUR STANDARD RUNNING BOND 48"X96"- PTD TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 48"X96"- PTD TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 BOARD AND BATTEN STYLE WHERE SHOWN (PAINTED) REFER TO EXTERIOR ELEVATIONS. TO MATCH BENJAMIN MOORE p-1 EXOTIC RED 2086-10 TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 www.jameshardie.com HARDIE PANEL VERTICAL SIDING - SMOOTH ALTERNATE: MODULAR FACE BRICK C216 DOWNING BLACK VELOUR STANDARD RUNNING BOND 29 TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 11 BLACK EXTERIOR PAINT p-3 TBD TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 30 IMAGE COMPONENTS SCHEDULE SIGNAGE *REFER TO GRAPHICS PACKAGE FOR MORE INFORMATION STRIPED BANNER PANELS -SIGNAGE BY VENDORB1c DT CANOPY (TRED) -SIGNAGE VENDORB3e B9a B9b S31a S3a S21b S26 S27a S27c S28 QUICK PICK UP CANOPY (RED - DT SIDE) NO SIGNAGE BY VENDOR L-SHAPE FRONT CANOPY (RED) - SIGNAGE BY VENDOR KFC LETTERS (RED) - 30" Primary Trademark COLONEL FACE @ BANNER PANELS ORIGINAL RECIPE FEATURE ONLINE ORDER PICKUP -canopy face vinyl ONLINE PICKUP ARROW EMBLEM - Wall @ pick up entry 11 HERBS & SPICES -stencil (CUSTOM SIZE) YES YES YES NO YES YES NO NO S29 MADE FRESH EVERY DAY- stencil (CUSTOM SIZE) S30 KENTUCKY FRIED CHICKEN LETTERS S31b S31c S31d ALL MY CHICKEN POSTER (W/FRAME) NO ORDER AHEAD POSTER (W/FRAME) FAST EASY PICK UP POSTER (W/FRAME) BEST INVENTION POSTER (W/FRAME) NO NO NO NO NO NO YES TAG QTY ITEM DESCRIPTION ELEC - - - - - - - - - - 1 1 1 1 1 1 31 2 15 3 15 8 9 9 16 8 9 8 9 PLAN SET REVISIONS: NG-30-21 PLOT DATE:16.05.2022 BASE brand studios A DIVISION OF JEFFERSON_ARCHITECTURE 150 HUDDLESTON ROAD, STE 900 PEACHTREE CITY, GA 30269 770-632-9545 © COPYRIGHT 2022 JEFFERSON_ARCHITECTURE. THIS DOCUMENT AS AN INSTRUMENT OF SERVICE REMAINS THE PROPERTY OFJEFFERSON_ARCHITECTURE AND NO PART THEREOF MAY BEREPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM JEFFERSON_ARCHITECTURE. DESIGNER: Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT OF RECORD: BRAND ARCHITECTURAL DESIGNER: ISSUE DATES: SD KFC DAP ZONING BUILDING BIDS BUILDING TYPE: PLAN VERSION: SITE NUMBER: ENTITY NUMBER: STORE NUMBER: NG-30 21.1 315516 457604 xxxxx KFC 1726 VERMILLION ST. HASTINGS, MN 55033 2.24.22 3.01.22 5.16.22 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ X-C-02 20 SF FACADE 713 SQ. FT. / 5% = TOTAL SIGNAGE SQUARE FOOTAGE 35 SF 20 SF SIGNAGE CALCULATIONS - FRONT FACADE A4.2 EXTERIOR ELEVATION NOTE: SIGNAGE AND BUILDING ELEMENTS: REFER TO "VENDOR SUPPLIED / INSTALLED ELEMENTS" GENERAL NOTE; THIS SHEET. FRONT ELEVATION 1/4"=1'-0"A SEE SHEET A1.1 "WINDOW TYPES" FOR WINDOW ELEVATIONS. REFER TO SHEET A7.1 FOR EXTERIOR GRAPHICS - IMAGE COMPONENTS SCHEDULE - IMAGE COMPONENTS SCHEDULE; REFER TO GRAPHICS PACKAGE FOR ADDITIONAL INFORMATION. MISCELLANEOUS: A. B. THE GENERAL CONTRACTOR SHALL ENSURE THAT THE BRICK JOINTS ARE PLUMB AND LEVEL, AND THE BRICK FACES ALIGNED AND FLUSH. SEALANT AT ALL WALL AND ROOF PENETRATIONS. SEALANT AT ALL WINDOW AND DOOR FRAMES AT HEAD AND JAMB. DO NOT SEAL SILL AT WINDOWS. SEALERS ( REFER TO SPECS ): A. B. GC TO COORDINATE WITH VENDOR PROVIDED / VENDOR INSTALLED SIGNAGE AND BUILDING ELEMENTS. VENDOR SUPPLIED / INSTALLED ELEMENTS: PAINT WALL SURFACE BEHIND AWNING DRIVE-THRU WINDOW. SEE SHEET A2.1 PARAPET FASCIA CAP (COLOR: BLACK) METAL WRAP TO MATCH EXTERIOR STOREFRONT FRAMING (CLEAR ANODIZED ALUMINUM) ALUMINUM STOREFRONT WINDOW / DOOR SYSTEM. SEE SHEET A1.1. WALL LIGHTING - LIGHTING VENDOR SUPPLIED / GC INSTALLED. SEE SHEET E4.0. HARDI-PANEL SIDING HOSE BIB - REFER TO PLUMBING DRAWINGS. CO2 FILLER VALVE & COVER. SCUPPER, COLLECTOR AND DOWNSPOUT 6" MIN. SWITCHGEAR. INDICATES TOP OF ROOF DECK. OVERFLOW SCUPPER GAS METER. DO NOT PAINT METER. COORDINATE LOCATION OF GRAPHIC WITH FINAL ELECTRIC PANEL/GAS METER LOCATION. ADJUST HEIGHT OF LETTERS AS REQUIRED. TRIM BOARD. REFER TO WALL SECTIONS. VENDOR PROVIDED CANOPY LINE OF COLOR CHANGE NOT USED HARDIE PANEL WITH NO BATTENS THIS AREA. LINE OF BRICK SPEC. COLOR CHANGE. 6" WIDE PAINTED BAND. EMERGENCY LIGHTS, SEE ELECTRICAL SHEETS HARDIE TRIM 2.5" WIDTH, PAINTED TO MATCH ADJACENT SURFACES. STAINLESS STEEL CORNER GUARDS. HANDICAP SIGNAGE; MOUNT AT 5'-0" A.F.F. SECURITY DOOR. OWNER-SUPPLIED / G.C. INSTALL. EXTERIOR FINISH DIMENSION; TYPICAL. ROOFTOP EQUIPMENT - SHOWN DASHED FOR REFERENCE. LINEAR DOWNLIGHT FIXTURE. BRICK SCREEN WALL BETWEEN BUILDING AND DUMPSTER ENCLOSURE. SEE CIVIL DOCUMENTS. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 13 24 25 26 17 27 16 15 14 28 KEY NOTES BGENERAL NOTES CEXTERIOR FINISH SCHEDULE F NOTE: NOT ALL KEY NOTES APPLY TO THIS SHEETIMAGE COMPONETS D EXTERIOR WALL AREASYMBOL MANUFACTURER BLACK EXTERIOR BRICK @ BULDING BASE1 2 THE BELDEN BRICK COMPANY WHITE EXTERIOR BRICK @ BUILDING FACADE BRICK METAL 5 RED METAL 6 WHITE METAL SPECIAL FINISH 8 FIBER CEMENT SIDING AT WALLS PAINT 9 RED EXTERIOR PAINT 10 WHITE EXTERIOR PAINT p-1 p-2 br-1 br-2 m-1 m-2 sf-1 THE BELDEN BRICK COMPANY VENDOR PROVIDED VENDOR PROVIDED JAMES HARDIE TBD TBD DESCRIPTION NOTES METAL TRIM 15 EXTERIOR METAL TRIM (BLACK) 16 EXTERIOR METAL TRIM (RED) MODULAR FACE BRICK C216 BLACK DIAMOND VELOUR STANDARD RUNNING BOND MODULAR FACE BRICK ALASKA WHITE VELOUR STANDARD RUNNING BOND 48"X96"- PTD TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 48"X96"- PTD TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 BOARD AND BATTEN STYLE WHERE SHOWN (PAINTED) REFER TO EXTERIOR ELEVATIONS. TO MATCH BENJAMIN MOORE p-1 EXOTIC RED 2086-10 TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 www.jameshardie.com HARDIE PANEL VERTICAL SIDING - SMOOTH ALTERNATE: MODULAR FACE BRICK C216 DOWNING BLACK VELOUR STANDARD RUNNING BOND 29 TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 11 BLACK EXTERIOR PAINT p-3 TBD TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 30 IMAGE COMPONENTS SCHEDULE SIGNAGE *REFER TO GRAPHICS PACKAGE FOR MORE INFORMATION STRIPED BANNER PANELS -SIGNAGE BY VENDORB1c DT CANOPY (TRED) -SIGNAGE VENDORB3e B9a B9b S31a S3a S21b S26 S27a S27c S28 QUICK PICK UP CANOPY (RED - DT SIDE) NO SIGNAGE BY VENDOR L-SHAPE FRONT CANOPY (RED) - SIGNAGE BY VENDOR KFC LETTERS (RED) - 30" Primary Trademark COLONEL FACE @ BANNER PANELS ORIGINAL RECIPE FEATURE ONLINE ORDER PICKUP -canopy face vinyl ONLINE PICKUP ARROW EMBLEM - Wall @ pick up entry 11 HERBS & SPICES -stencil (CUSTOM SIZE) YES YES YES NO YES YES NO NO S29 MADE FRESH EVERY DAY- stencil (CUSTOM SIZE) S30 KENTUCKY FRIED CHICKEN LETTERS S31b S31c S31d ALL MY CHICKEN POSTER (W/FRAME) NO ORDER AHEAD POSTER (W/FRAME) FAST EASY PICK UP POSTER (W/FRAME) BEST INVENTION POSTER (W/FRAME) NO NO NO NO NO NO YES TAG QTY ITEM DESCRIPTION ELEC - - - - - - - - - - 1 1 1 1 1 1 31 8 8 11 11 11 9 8 9 3 10 10 18 18 18 16 15 3 SIM. 1 2 2 8 9 21 98 24 22 8 9 20 10 11 158 9 PLAN SET REVISIONS: NG-30-21 PLOT DATE:15.05.2022 BASE brand studios A DIVISION OF JEFFERSON_ARCHITECTURE 150 HUDDLESTON ROAD, STE 900 PEACHTREE CITY, GA 30269 770-632-9545 © COPYRIGHT 2022 JEFFERSON_ARCHITECTURE. THIS DOCUMENT AS AN INSTRUMENT OF SERVICE REMAINS THE PROPERTY OFJEFFERSON_ARCHITECTURE AND NO PART THEREOF MAY BEREPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM JEFFERSON_ARCHITECTURE. DESIGNER: Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT OF RECORD: BRAND ARCHITECTURAL DESIGNER: ISSUE DATES: SD KFC DAP ZONING BUILDING BIDS BUILDING TYPE: PLAN VERSION: SITE NUMBER: ENTITY NUMBER: STORE NUMBER: NG-30 21.1 315516 457604 xxxxx KFC 1726 VERMILLION ST. HASTINGS, MN 55033 2.24.22 3.01.22 5.16.22 20 SF20 SF 1'- ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ X-C-02 FACADE 668 SQ. FT. / 5% = TOTAL SIGNAGE SQUARE FOOTAGE 33 SF 0 SF SIGNAGE CALCULATIONS - REAR FACADE A4.3 EXTERIOR ELEVATION NOTE: SIGNAGE AND BUILDING ELEMENTS: REFER TO "VENDOR SUPPLIED / INSTALLED ELEMENTS" GENERAL NOTE; THIS SHEET. REAR ELEVATION 1/4"=1'-0"A 2 1 15 1 3 10 27 SEE SHEET A1.1 "WINDOW TYPES" FOR WINDOW ELEVATIONS. REFER TO SHEET A7.1 FOR EXTERIOR GRAPHICS - IMAGE COMPONENTS SCHEDULE - IMAGE COMPONENTS SCHEDULE; REFER TO GRAPHICS PACKAGE FOR ADDITIONAL INFORMATION. MISCELLANEOUS: A. B. THE GENERAL CONTRACTOR SHALL ENSURE THAT THE BRICK JOINTS ARE PLUMB AND LEVEL, AND THE BRICK FACES ALIGNED AND FLUSH. SEALANT AT ALL WALL AND ROOF PENETRATIONS. SEALANT AT ALL WINDOW AND DOOR FRAMES AT HEAD AND JAMB. DO NOT SEAL SILL AT WINDOWS. SEALERS ( REFER TO SPECS ): A. B. GC TO COORDINATE WITH VENDOR PROVIDED / VENDOR INSTALLED SIGNAGE AND BUILDING ELEMENTS. VENDOR SUPPLIED / INSTALLED ELEMENTS: PAINT WALL SURFACE BEHIND AWNING DRIVE-THRU WINDOW. SEE SHEET A2.1 PARAPET FASCIA CAP (COLOR: BLACK) METAL WRAP TO MATCH EXTERIOR STOREFRONT FRAMING (CLEAR ANODIZED ALUMINUM) ALUMINUM STOREFRONT WINDOW / DOOR SYSTEM. SEE SHEET A1.1. WALL LIGHTING - LIGHTING VENDOR SUPPLIED / GC INSTALLED. SEE SHEET E4.0. HARDI-PANEL SIDING HOSE BIB - REFER TO PLUMBING DRAWINGS. CO2 FILLER VALVE & COVER. SCUPPER, COLLECTOR AND DOWNSPOUT 6" MIN. SWITCHGEAR. INDICATES TOP OF ROOF DECK. OVERFLOW SCUPPER GAS METER. DO NOT PAINT METER. COORDINATE LOCATION OF GRAPHIC WITH FINAL ELECTRIC PANEL/GAS METER LOCATION. ADJUST HEIGHT OF LETTERS AS REQUIRED. TRIM BOARD. REFER TO WALL SECTIONS. VENDOR PROVIDED CANOPY LINE OF COLOR CHANGE NOT USED HARDIE PANEL WITH NO BATTENS THIS AREA. LINE OF BRICK SPEC. COLOR CHANGE. 6" WIDE PAINTED BAND. EMERGENCY LIGHTS, SEE ELECTRICAL SHEETS HARDIE TRIM 2.5" WIDTH, PAINTED TO MATCH ADJACENT SURFACES. STAINLESS STEEL CORNER GUARDS. HANDICAP SIGNAGE; MOUNT AT 5'-0" A.F.F. SECURITY DOOR. OWNER-SUPPLIED / G.C. INSTALL. EXTERIOR FINISH DIMENSION; TYPICAL. ROOFTOP EQUIPMENT - SHOWN DASHED FOR REFERENCE. LINEAR DOWNLIGHT FIXTURE. BRICK SCREEN WALL BETWEEN BUILDING AND DUMPSTER ENCLOSURE. SEE CIVIL DOCUMENTS. 1 2 3 4 5 6 7 8 9 10 11 12 18 19 20 21 22 23 13 24 25 26 17 27 16 15 14 28 KEY NOTES BGENERAL NOTES CEXTERIOR FINISH SCHEDULE F NOTE: NOT ALL KEY NOTES APPLY TO THIS SHEETIMAGE COMPONETS D EXTERIOR WALL AREASYMBOL MANUFACTURER BLACK EXTERIOR BRICK @ BULDING BASE1 2 THE BELDEN BRICK COMPANY WHITE EXTERIOR BRICK @ BUILDING FACADE BRICK METAL 5 RED METAL 6 WHITE METAL SPECIAL FINISH 8 FIBER CEMENT SIDING AT WALLS PAINT 9 RED EXTERIOR PAINT 10 WHITE EXTERIOR PAINT p-1 p-2 br-1 br-2 m-1 m-2 sf-1 THE BELDEN BRICK COMPANY VENDOR PROVIDED VENDOR PROVIDED JAMES HARDIE TBD TBD DESCRIPTION NOTES METAL TRIM 15 EXTERIOR METAL TRIM (BLACK) 16 EXTERIOR METAL TRIM (RED) MODULAR FACE BRICK C216 BLACK DIAMOND VELOUR STANDARD RUNNING BOND MODULAR FACE BRICK ALASKA WHITE VELOUR STANDARD RUNNING BOND 48"X96"- PTD TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 48"X96"- PTD TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 BOARD AND BATTEN STYLE WHERE SHOWN (PAINTED) REFER TO EXTERIOR ELEVATIONS. TO MATCH BENJAMIN MOORE p-1 EXOTIC RED 2086-10 TO MATCH p-2 BENJAMIN MOORE WEDDING VEIL 2125-70 www.jameshardie.com HARDIE PANEL VERTICAL SIDING - SMOOTH ALTERNATE: MODULAR FACE BRICK C216 DOWNING BLACK VELOUR STANDARD RUNNING BOND 29 TO MATCH p-1 BENJAMIN MOORE EXOTIC RED 2086-10 TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 11 BLACK EXTERIOR PAINT p-3 TBD TO MATCH p-3 BENJAMIN MOORE ONYX 2133-10 30 IMAGE COMPONENTS SCHEDULE SIGNAGE *REFER TO GRAPHICS PACKAGE FOR MORE INFORMATION STRIPED BANNER PANELS -SIGNAGE BY VENDORB1c DT CANOPY (TRED) -SIGNAGE VENDORB3e B9a B9b S31a S3a S21b S26 S27a S27c S28 QUICK PICK UP CANOPY (RED - DT SIDE) NO SIGNAGE BY VENDOR L-SHAPE FRONT CANOPY (RED) - SIGNAGE BY VENDOR KFC LETTERS (RED) - 30" Primary Trademark COLONEL FACE @ BANNER PANELS ORIGINAL RECIPE FEATURE ONLINE ORDER PICKUP -canopy face vinyl ONLINE PICKUP ARROW EMBLEM - Wall @ pick up entry 11 HERBS & SPICES -stencil (CUSTOM SIZE) YES YES YES NO YES YES NO NO S29 MADE FRESH EVERY DAY- stencil (CUSTOM SIZE) S30 KENTUCKY FRIED CHICKEN LETTERS S31b S31c S31d ALL MY CHICKEN POSTER (W/FRAME) NO ORDER AHEAD POSTER (W/FRAME) FAST EASY PICK UP POSTER (W/FRAME) BEST INVENTION POSTER (W/FRAME) NO NO NO NO NO NO YES TAG QTY ITEM DESCRIPTION ELEC - - - - - - - - - - 1 1 1 1 1 1 31 2 15 3 2 9820 15 3 PLAN SET REVISIONS: NG-30-21 PLOT DATE:15.05.2022 BASE brand studios A DIVISION OF JEFFERSON_ARCHITECTURE 150 HUDDLESTON ROAD, STE 900 PEACHTREE CITY, GA 30269 770-632-9545 © COPYRIGHT 2022 JEFFERSON_ARCHITECTURE. THIS DOCUMENT AS AN INSTRUMENT OF SERVICE REMAINS THE PROPERTY OFJEFFERSON_ARCHITECTURE AND NO PART THEREOF MAY BE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM JEFFERSON_ARCHITECTURE. DESIGNER: Thuftedal Architects architecture + interiors 5504 MERRITT CIR EDINA, MN 55436 TEL 612-743-6225 thuftedal.com ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT OF RECORD: BRAND ARCHITECTURAL DESIGNER: ISSUE DATES: SD KFC DAP ZONING BUILDING BIDS BUILDING TYPE: PLAN VERSION: SITE NUMBER: ENTITY NUMBER: STORE NUMBER: NG-30 21.1 315516 457604 xxxxx KFC 1726 VERMILLION ST. HASTINGS, MN 55033 2.24.22 3.01.22 5.16.22 11 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ ARCHITECT'S STAMP I hearby certify that this plan, specification, or report was prepared by me or under my supervision and that I am a duly Licenced Architect under the laws of the State of Minnesota. Ryan B. Thuftedal, AIA Sigature___________________________ License #44757 _ _ _ X-C-02 18TH STREET W VARIABLE WIDTH PUBLIC RIGHT-OF-WAY BITUMINOUS SURFACE V E R M I L L I O N S T R E E T V A R I A B L E W I D T H P U B L I C R I G H T - O F - W A Y B I T U M I N O U S S U R F A C E N89°46'50"E 124.50 N 0 0 ° 2 4 ' 1 0 " W 2 3 4 . 1 2 S89°37'26"W 124.50' S 0 0 ° 2 4 ' 1 0 " E 2 3 3 . 7 8 ' 3 8 PROP. RESTAURANT 3,100 SF 24 SEATS 12.3' 24 ' 15 ' 18'22'9.6' 88 . 7 ' 31.6' 3 8 . 9 ' 26 . 8 ' 27.1' 9' 9' 9' 9' 15' 24' CO CO CO CO CO CO CO COCO 56.2' 47.9' 7 3 . 7 ' 27.8' 1 0 ' 24' 8.4' 22' 5' 6.5' 6' A-1 P-1 P-1 P-1 P-1 P-1 P-1 P-1 P-2 P-3 P-3 P-13 P-13 P-13 P-16 P-16 P-16 P-17 P-17 P-17 P-17 P-16 T-7 T-7 T-14 T-5 P-21 P-21 P-21 P-21 T-7 T-6 T-11 T-11 T-12 T-18 T-15 T-18 T-20 T-23 A-2 A-3 A-4 A-5 A-6 P-4 P-4 A-7 P-2 A-8 T-7 P-16 P-4 P-1 5' R10' 22 ' R10'R10' R15' R36.4' R12' R5' R4' R10' R12' R12'R10' P-21 R4' R4' R2.5' R3' R7' R7' R5' R7' R35' R20' T-27 T-27 A-8 P-21 18' 9'3.8' 9.8' BUILDING CONCRETE CURB FENCE GUIDE RAIL PROPERTY LINE R.O.W. LINE EASEMENT LINE SETBACK LINE CONCRETE MONUMENT/ IRON PIN SIGN PARKING COUNT TREE DRAINAGE INLET STORM/SANITARY MANHOLE WATER/GAS VALVES AREA LIGHT FIRE HYDRANT UTILITY POLE ADJACENT PROPERTY LINE ROOF DRAIN/CLEANOUT UTILITY POLE W/ LIGHT LEGEND EXISTING BUILDING CONCRETE CURB FLUSH CURB FENCE ACCESSIBLE SYMBOL CO CROSSWALK SIDEWALK SIGN PARKING COUNT RAMP DRAINAGE INLET MANHOLE AREA LIGHT BOLLARD CLEANOUT # LEGEND PROPOSED REINFORCED CONCRETE PAVEMENT EXTENDED CONCRETE CURB TAPERED CURB W E S 1"=20' 0 2051020 C-301 SITE PLAN 1 REVISION 1 - REVISIONS REV DATE COMMENT DRAWN BY CHECKED BY 6/7/2022 PER DRC REVIEW ECS SKS 6/7/2022 DI S C L A I M E R PROJECT No.: DRAWN BY: CHECKED BY: DATE: CAD I.D.: PROJECT: FOR R: \ 2 0 2 2 \ P A D 2 2 0 0 0 4 . 0 0 \ C A D \ D R A W I N G S \ P L A N S E T S \ C I V I L S I T E P L A N S \ P A D 2 2 0 0 0 4 . 0 0 - L D V P - 1 A - - - - - > L A Y O U T : C - 3 0 1 S I T E ES THIS DRAWING IS INTENDED FOR MUNICIPAL AND/OR AGENCY REVIEW AND APPROVAL. IT IS NOT INTENDED AS A CONSTRUCTION DOCUMENT UNLESS INDICATED OTHERWISE. SHEET NUMBER: SHEET TITLE: PAD220004.00 EJZ SKS 05/17/2022 PAD220004.00-LDVP-1A PRELIMINARY / FINAL LAND DEVELOPMENT PLANS ARGONAUT MINNESOTA VENTURES, INC. PROPOSED KFC RESTAURANT W/ DRIVE-THRU 1726 VERMILLION STREET CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA ALWAYS CALL 811 It's fast. It's free. It's the law. NOT APPROVED FOR CONSTRUCTION 1 ALLEGHENY SQUARE, SUITE 402 PITTSBURGH, PA 15212 Phone:(724) 638-8500 www.BohlerEngineering.com TM TH E I N F O R M A T I O N , D E S I G N A N D C O N T E N T O F T H I S P L A N A R E P R O P R I E T A R Y A N D S H A L L N O T B E C O P I E D O R U S E D F O R A N Y P U R P O S E W I T H O U T P R I O R W R I T T E N AU T H O R I Z A T I O N F R O M B O H L E R . O N L Y A P P R O V E D , S I G N E D A N D S E A L E D P L A N S S H A L L B E U T I L I Z E D F O R C O N S T R U C T I O N P U R P O S E S © SI T E C I V I L A N D C O N S U L T I N G E N G I N E E R I N G LA N D S U R V E Y I N G PR O G R A M M A N A G E M E N T LA N D S C A P E A R C H I T E C T U R E SU S T A I N A B L E D E S I G N PE R M I T T I N G S E R V I C E S TR A N S P O R T A T I O N S E R V I C E S BO H L E R TRASH ENCLOSURE. SEE ARCHITECTURAL DETAILS. LEGEND PROPOSED FEATURES CONCRETE SIDEWALK. REINFORCED CONCRETE PAVEMENT STANDARD ASPHALT PAVEMENT. PAVEMENT AND TIE-IN. TYPICAL EXTENDED CONCRETE CURB. TYPICAL CONCRETE CURB. TYPICAL FLUSH CONCRETE CURB. TAPERED CURB. WHITE PAINTED STOP BAR & LETTERING. WHITE PAINTED TRAFFIC ARROW & LETTERING. STANDARD POLE MOUNTED SIGN INSTALLATION. RESERVED PARKING SPACE WITH PENALTIES & VAN ACCESSIBLE SIGNS. BOLLARD. HIGH VISIBILITY CROSSWALK. EX. PYLON SIGN TO BE REUSED. SEE ARCHITECTURAL DETAILS. ORDER POINT CANOPY. SEE ARCHITECTURAL DETAILS. ORDER POINT SPEAKER. SEE ARCHITECTURAL DETAILS. MENU BOARD. SEE ARCHITECTURAL DETAILS. PREVIEW BOARD. SEE ARCHITECTURAL DETAILS. CLEARANCE BAR. SEE ARCHITECTURAL DETAILS. A-1 P-21 P-16 P-17 P-13 P-4 P-1 P-2 P-3 T-5 T-6 T-11 T-14 T-20 T-23 A-7 A-2 A-3 A-4 A-5 A-6 SITE LOCATION MAP SCALE: 1" = 1,000' SOURCE: GOOGLE MAPS ZONING TABLE ZONE: C-3 COMMUNITY REGIONAL COMMERCE PROPOSED USE: FAST-FOOD RESTAURANT W/ DRIVE-THRU BLOCK: 7, LOTS: 21, 22, 23, 24 APPLICANT / OWNER INFORMATION APPLICANT:ARGONAUT MINNESOTA VENTURES, INC PO BOX 2650, KLAMATH FALLS, OR 97603 PROPERTY OWNER:BP ARGONAUT RE, LLC PO BOX 2650, KLAMATH FALLS, OR 97603 BULK REQUIREMENTS ITEM EXISTING PROPOSED MIN. LOT AREA 6,098.4 SF, 5,662.8 SF, 5,662.8 SF, 10,018.8 SF 29,126.8 SF MIN. LOT DEPTH 124.5 FT NO CHANGE MIN. YARD SETBACKS FRONT YARD N/A 56.3 FT SIDE YARD N/A 38.9 FT REAR YARD N/A 27.8 FT MAX. BUILDING HEIGHT N/A 19.1 FT MAX. IMPERVIOUS LOT COVERAGE 59.1% (16,339 SF)61.1% (17,811 SF) PARKING REQUIREMENTS REQUIRED EXISTING PROPOSED MIN. 1 SPACE / 60 SF OR 1 PER 3 SEATS 8 7 11 ADA ACCESSIBLE PARKING SPACE STRIPING (3 SPACES).T-12 RESERVED PARKING SPACE & PENALTIES SIGNS.T-15 RESERVED PARKING SIGN WITHIN BOLLARD.T-18 WHITE PAINTED TRAFFIC ARROW.T-7 8' VINYL FENCE. SEE ARCHITECTURAL DETAILS.A-8 STOP SIGN.T-27 X-C-02 PROP. RESTAURANT 3,100 SF 24 SEATS 18TH STREET W VARIABLE WIDTH PUBLIC RIGHT-OF-WAY BITUMINOUS SURFACE V E R M I L L I O N S T R E E T V A R I A B L E W I D T H P U B L I C R I G H T - O F - W A Y B I T U M I N O U S S U R F A C E G G G G G G E E E E E W W W W W W W W W W W W W 6''S 6''S 6''S 6''S 6''S 6 ' ' S 6'' S 6' ' S CO CO CO CO CO CO CO COCO 800 80 1 800 8 0 0 799 801 801 799 800 80 0 798 799 7 9 8 80 0 79 9 8 0 1 80 1 80 0 80 0 (7) JHIB (3) GTIK (5) IGS (5) IMBG (4) IMBG (1) IMBB (5) IGS (3) IGS (1) IMBB (5) IMBG (5) IGS (1) AROG (2) GTIK (5) IGS (18) JHIB (15) JHIB (3) IGS (52) JHIB (33) JHIB (5) RM (2) AROG (2) AROG (6) RM PROP. BIOBARRIER ROOT BARRIER FABRIC (TYP, SEE DETAIL) (5) IGS (6) IMBG COMPLIANCE CHART SECTION REQUIREMENT CALCULATIONS (REQUIRED / PROVIDED)COMPLIANCE SALDO: 154.06.F. TREE PLANTINGS 1. TREE REQUIREMENTS. A STREET/BOULEVARD TREE SHALL BE REQUIRED FOR EVERY 50 LINEAR FEET OF STREET FRONTAGE IN A SUBDIVISION. ONE FRONT YARD TREE SHALL ALSO BE REQUIRED FOR EVERY LOT IN THE SUBDIVISION. THE SUBDIVIDER SHALL SUBMIT A TREE PLAN INDICATING THE LOCATION AND SPECIES OF TREES. ONLY THOSE VARIETIES OF TREES APPROVED BY THE CITY FORESTER WILL BE USED. THE MINIMUM SIZE SHALL MEASURE 1 AND 1/2 INCHES IN DIAMETER AT GROUND LINE. NO TREES SHALL BE PLANTED WITHIN 30 FEET OF THE INTERSECTION OF CURB LINES ON CORNER LOTS. SEE SECTION 155.53.E.2.a. FOR DUPLICATE REQUIREMENT.COMPLIES ZONING: 155.53 LANDSCAPE STANDARDS E.1.c.ONE TREE PER 4,000 SQUARE FEET OF PAVED SURFACE IS REQUIRED OF WHICH 75% MUST BE DECIDUOUS, OVERSTORY TREES. TREES SHALL BE PLANTED IN MEDIANS OR DIRECTLY ADJACENT TO THE PARKING LOT PERIMETER. PROPOSED INTERIOR PARKING LOT PAVED SURFACE = 6,018± SF REQUIRED: 6,018 / 4,000 = 1.5 OR 2 DECIDUOUS TREES PROVIDED: 2 AROG (2 DECIDUOUS TREES) COMPLIES E.2.a.ONE TREE PER 50 FEET OF LOT PERIMETER IS REQUIRED. TREES SHALL BE PLANTED EVERY 50 FEET ALONG PUBLIC AND PRIVATE STREET FRONTAGES BETWEEN THE FRONT LOT LINE AND BACK OF CURB. REMAINING TREES CAN BE PLACED SOMEWHERE ELSE ON THE SITE. b. AT LEAST ONE SHRUB PER 40 FEET OF LOT PERIMETER MUST BE PLANTED. ALONG 18TH STREET = 125± LF REQUIRED: 125 / 50 = 2.5 OR 3 TREES 125 / 40 = 3.1 OR 3 SHRUBS PROVIDED: 1 EXISTING PLUS 2 GTIK (3 TREES); 5 IGS (5 SHRUBS) COMPLIES E.3.PROPERTIES ADJACENT TO RESIDENTIAL USES. ALL OFF-STREET PARKING, LOADING FACILITIES, EXTERIOR STORAGE AREAS, MECHANICAL AREA, AND DRIVEWAY SHALL BE EFFECTIVELY SCREENED FROM AREAS ZONED OR GUIDED RESIDENTIAL BY 1 OR A COMBINATION OF THE FOLLOWING: (a) A 6-FOOT HIGH OPAQUE FENCE OR WALL. CHAIN LINK FENCES WITH SLATS ARE NOT ACCEPTABLE. (b) BERMING OR LANDSCAPING MEASURING AT LEAST 6 FEET IN HEIGHT MEASURED FROM THE TOP OF THE PARKING LOT OR DRIVE AISLE CURB. LANDSCAPING MUST PROVIDE YEAR-ROUND SCREEN OPACITY OF 75% AT INITIAL PLANTING. ALONG WEST PROPERTY LINE ADJACENT TO RESIDENTIAL: REQUIRED: 6-FOOT HIGH OPAQUE FENCE OR WALL PROVIDED: 8-FOOT TALL VINYL FENCE COMPLIES REQUIRED: PARKING LOT SCREEN PROVIDED: 30" MINIMUM EVERGREEN HEDGE PROPOSED SURROUNDING THE PARKING LOT FRONTAGE. COMPLIES ALONG VERMILLION STREET = 234± LF REQUIRED: 234 / 50 = 4.6 OR 5 TREES 234 / 40 = 5.8 OR 6 SHRUBS PROVIDED: 2 EXISTING PLUS 3 GTIK (5 TREES); 23 IGS, 2 IMBB, 20 IMBG (45 SHRUBS) COMPLIES c. AN OPAQUE LANDSCAPING FEATURE A MINIMUM OF 30 INCHES IN HEIGHT IS REQUIRED BETWEEN ANY PARKING LOT OR DRIVEWAY AND THE ADJACENT STREET. SAID FEATURE SHALL BE ONE OR COMBINATION OF THE FOLLOWING: (1) A 10-FOOT WIDE LANDSCAPED STRIP WHICH MUST SCREEN AT LEAST 70% OF THE LENGTH OF THE LOT FRONTAGE WITH AN OPAQUE BARRIER 30 INCHES HIGH AT INITIAL PLANTING. (2) LANDSCAPED BERMS AT LEAST 3 FEET IN HEIGHT MEASURED FROM THE TOP OF STREET CURB ADJACENT TO THE BERM AT A SLOPE NOT GREATER THAN 3:1. CANOPY TREES QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER MATURE HEIGHT AROG 5 ACER RUBRUM 'OCTOBER GLORY'OCTOBER GLORY RED MAPLE 2.5" CAL.B&B 40 - 65' HT. GTIK 5 GLEDITSIA TRIACANTHOS INERMIS `SKYCOLE`SKYLINE THORNLESS HONEY LOCUST 2.5" CAL.B&B 25 - 65' HT. SHRUBS QTY BOTANICAL NAME COMMON NAME SIZE CONTAINER MATURE HEIGHT IGS 31 ILEX GLABRA `SHAMROCK`SHAMROCK INKBERRY 24-30"CONTAINER 3 - 6' HT. IMBB 2 ILEX X MESERVEAE `BLUE BOY`BLUE BOY HOLLY 24-30"CONTAINER 6 - 10' HT. IMBG 20 ILEX X MESERVEAE `BLUE GIRL`BLUE GIRL HOLLY 24-30"CONTAINER 6 - 10' HT. JHIB 125 JUNIPERUS HORIZONTALIS `MONBER`ICEE BLUE JUNIPER 15-18" SPRD CONTAINER < 6" HT. RM 11 RHODODENDRON MAXIMUM ROSE BAY RHODODENDRON 4-5`B&B 10 - 15' HT. PLANT SCHEDULE ALONG NORTH PERIMETER =125± LF REQUIRED: 125 / 50 = 2.5 OR 3 TREES 125 / 40 = 3.1 OR 3 SHRUBS PROVIDED: 1 EXISTING PLUS 2 AROG (3 TREES); 5 RM (5 SHRUBS) COMPLIES ALONG WEST PERIMETER =234± LF REQUIRED: 234 / 50 = 4.6 OR 5 TREES 234 / 40 = 5.8 OR 6 SHRUBS PROVIDED: 5 EXISTING TREES TO REMAIN; 6 RM (6 SHRUBS) COMPLIES C-701 LANDSCAPE PLAN 1"=20' 0 2051020 W E S 1 REVISION 1 - REVISIONS REV DATE COMMENT DRAWN BY CHECKED BY 6/7/2022 PER DRC REVIEW ECS SKS 6/7/2022 DI S C L A I M E R PROJECT No.: DRAWN BY: CHECKED BY: DATE: CAD I.D.: PROJECT: FOR R: \ 2 0 2 2 \ P A D 2 2 0 0 0 4 . 0 0 \ C A D \ D R A W I N G S \ P L A N S E T S \ C I V I L S I T E P L A N S \ P A D 2 2 0 0 0 4 . 0 0 - L S C P - 1 A - - - - - > L A Y O U T : C - 7 0 1 L S C P MD THIS DRAWING IS INTENDED FOR MUNICIPAL AND/OR AGENCY REVIEW AND APPROVAL. IT IS NOT INTENDED AS A CONSTRUCTION DOCUMENT UNLESS INDICATED OTHERWISE. SHEET NUMBER: SHEET TITLE: PAD220004.00 EJZ SKS 05/17/2022 PAD220004.00-LSCP-1A PRELIMINARY / FINAL LAND DEVELOPMENT PLANS ARGONAUT MINNESOTA VENTURES, INC. PROPOSED KFC RESTAURANT W/ DRIVE-THRU 1726 VERMILLION STREET CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA ALWAYS CALL 811 It's fast. It's free. It's the law. NOT APPROVED FOR CONSTRUCTION 1 ALLEGHENY SQUARE, SUITE 402 PITTSBURGH, PA 15212 Phone:(724) 638-8500 www.BohlerEngineering.com TM TH E I N F O R M A T I O N , D E S I G N A N D C O N T E N T O F T H I S P L A N A R E P R O P R I E T A R Y A N D S H A L L N O T B E C O P I E D O R U S E D F O R A N Y P U R P O S E W I T H O U T P R I O R W R I T T E N AU T H O R I Z A T I O N F R O M B O H L E R . O N L Y A P P R O V E D , S I G N E D A N D S E A L E D P L A N S S H A L L B E U T I L I Z E D F O R C O N S T R U C T I O N P U R P O S E S © SI T E C I V I L A N D C O N S U L T I N G E N G I N E E R I N G LA N D S U R V E Y I N G PR O G R A M M A N A G E M E N T LA N D S C A P E A R C H I T E C T U R E SU S T A I N A B L E D E S I G N PE R M I T T I N G S E R V I C E S TR A N S P O R T A T I O N S E R V I C E S BO H L E R D. ALL LAWN AREAS ARE TO BE CULTIVATED TO A DEPTH OF SIX INCHES (6"). ALL DEBRIS EXPOSED FROM EXCAVATION AND CULTIVATION SHALL BE DISPOSED OF IN ACCORDANCE WITH GENERAL WORK PROCEDURES SECTION ABOVE. THE FOLLOWING SHALL BE TILLED INTO THE TOP FOUR INCHES (4") IN TWO DIRECTIONS (QUANTITIES BASED ON A 1,000 SQUARE FOOT AREA - FOR BID PURPOSES ONLY [SEE SPECIFICATION 6.A.]): I. 20 POUNDS 'GRO-POWER' OR APPROVED EQUAL SOIL CONDITIONER/FERTILIZER II. 20 POUNDS 'NITRO-FORM' (COURSE) 38-0-0 BLUE CHIP OR APPROVED NITROGEN FERTILIZER E. THE SPREADING OF TOPSOIL SHALL NOT BE CONDUCTED UNDER MUDDY OR FROZEN CONDITIONS. 9. PLANTING A. INSOFAR THAT IT IS FEASIBLE, PLANT MATERIAL SHALL BE PLANTED ON THE DAY OF DELIVERY. IN THE EVENT THAT THIS IS NOT POSSIBLE, CONTRACTOR SHALL PROTECT UNINSTALLED PLANT MATERIAL. PLANTS SHALL NOT REMAIN UNPLANTED FOR LONGER THAN A THREE DAY PERIOD AFTER DELIVERY. PLANTS THAT WILL NOT BE PLANTED FOR A PERIOD OF TIME GREATER THAN THREE DAYS SHALL BE HEALED IN WITH TOPSOIL OR MULCH TO HELP PRESERVE ROOT MOISTURE. B. PLANTING OPERATIONS SHALL BE PERFORMED DURING PERIODS WITHIN THE PLANTING SEASON WHEN WEATHER AND SOIL CONDITIONS ARE SUITABLE AND IN ACCORDANCE WITH ACCEPTED LOCAL PRACTICE. PLANTS SHALL NOT BE INSTALLED IN TOPSOIL THAT IS IN A MUDDY OR FROZEN CONDITION. C. ANY INJURED ROOTS OR BRANCHES SHALL BE PRUNED TO MAKE CLEAN-CUT ENDS PRIOR TO PLANTING UTILIZING CLEAN, SHARP TOOLS. ONLY INJURED OR DISEASED BRANCHING SHALL BE REMOVED. D. ALL PLANTING CONTAINERS, BASKETS AND NON-BIODEGRADABLE MATERIALS SHALL BE REMOVED FROM ROOT BALLS DURING PLANTING. NATURAL FIBER BURLAP MUST BE CUT FROM AROUND THE TRUNK OF THE TREE AND FOLDED DOWN AGAINST THE ROOT BALL PRIOR TO BACKFILLING. E. POSITION TREES AND SHRUBS AT THEIR INTENDED LOCATIONS AS PER THE PLANS AND SECURE THE APPROVAL OF THE LANDSCAPE ARCHITECT PRIOR TO EXCAVATING PITS, MAKING NECESSARY ADJUSTMENTS AS DIRECTED. F. PRIOR TO THE ISSUANCE OF ANY CERTIFICATE OF OCCUPANCY, THE PROPOSED LANDSCAPE, AS SHOWN ON THE APPROVED LANDSCAPE PLAN, MUST BE INSTALLED, INSPECTED AND APPROVED BY THE APPROVING AGENCY. THE APPROVING AGENCY SHALL TAKE INTO ACCOUNT SEASONAL CONSIDERATIONS IN THIS REGARD AS FOLLOWS. THE PLANTING OF TREES, SHRUBS, VINES OR GROUND COVER SHALL OCCUR ONLY DURING THE FOLLOWING PLANTING SEASONS: I. PLANTS: MARCH 15TH TO DECEMBER 15TH II. LAWN AND SEED MIXES: MARCH 1ST TO MAY 15TH OR BETWEEN AUGUST 15TH AND OCTOBER 15TH PLANTINGS REQUIRED FOR A CERTIFICATE OF OCCUPANCY SHALL BE PROVIDED DURING THE NEXT APPROPRIATE SEASON AT THE MUNICIPALITY'S DISCRETION. CONTRACTOR SHOULD CONTACT APPROVING AGENCY FOR POTENTIAL SUBSTITUTIONS. G. FURTHERMORE, THE FOLLOWING TREE VARIETIES ARE UNUSUALLY SUSCEPTIBLE TO WINTER DAMAGE. WITH TRANSPLANT SHOCK AND THE SEASONAL LACK OF NITROGEN AVAILABILITY, THE RISK OF PLANT DEATH IS GREATLY INCREASED. IT IS NOT RECOMMENDED THAT THESE SPECIES BE PLANTED DURING THE FALL PLANTING SEASON: ACER RUBRUM PLATANUS X ACERIFOLIA BETULA VARIETIES POPULUS VARIETIES CARPINUS VARIETIES PRUNUS VARIETIES CRATAEGUS VARIETIES PYRUS VARIETIES KOELREUTERIA QUERCUS VARIETIES LIQUIDAMBAR STYRACIFLUA TILIA TOMENTOSA LIRIODENDRON TULIPIFERA ZELKOVA VARIETIES H. PLANTING PITS SHALL BE DUG WITH LEVEL OR CONVEX BOTTOMS, WITH THE WIDTH THREE TIMES THE DIAMETER OF ROOT BALL. THE ROOT BALL SHALL REST ON UNDISTURBED GRADE. EACH PLANT PIT SHALL BE BACKFILLED IN LAYERS WITH THE FOLLOWING PREPARED SOIL MIXED THOROUGHLY: I. 1 PART PEAT MOSS II. 1 PART COMPOSTED COW MANURE BY VOLUME III. 3 PARTS TOPSOIL BY VOLUME IV. 21 GRAMS 'AGRIFORM' PLANTING TABLETS (OR APPROVED EQUAL) AS FOLLOWS: A) 2 TABLETS PER 1 GALLON PLANT B) 3 TABLETS PER 5 GALLON PLANT C) 4 TABLETS PER 15 GALLON PLANT D) LARGER PLANTS: 2 TABLETS PER ½" CALIPER OF TRUNK I. FILL PREPARED SOIL AROUND BALL OF PLANT HALF-WAY AND INSERT PLANT TABLETS. COMPLETE BACKFILL AND WATER THOROUGHLY. J. ALL PLANTS SHALL BE PLANTED SO THAT THE TOP OF THE ROOT BALL, THE POINT AT WHICH THE ROOT FLARE BEGINS, IS SET AT GROUND LEVEL AND IN THE CENTER OF THE PIT. NO SOIL IS TO BE PLACED DIRECTLY ON TOP OF THE ROOT BALL. K. ALL PROPOSED TREES DIRECTLY ADJACENT TO WALKWAYS OR DRIVEWAYS SHALL BE PRUNED AND MAINTAINED TO A MINIMUM BRANCHING HEIGHT OF 7' FROM GRADE. NO PRUNING SHALL BE CONDUCTED WITHIN THE FIRST YEAR OF PLANTING. L. GROUND COVER AREAS SHALL RECEIVE A ¼" LAYER OF HUMUS RAKED INTO THE TOP 1" OF PREPARED SOIL PRIOR TO PLANTING. ALL GROUND COVER AREAS SHALL BE WEEDED AND TREATED WITH A PRE-EMERGENT CHEMICAL AS PER MANUFACTURER'S RECOMMENDATION. M. NO PLANT, EXCEPT GROUND COVERS, GRASSES OR VINES, SHALL BE PLANTED LESS THAN TWO FEET (2') FROM EXISTING STRUCTURES AND SIDEWALKS. N. ALL PLANTING AREAS AND PLANTING PITS SHALL BE MULCHED AS SPECIFIED HEREIN TO FILL THE ENTIRE BED AREA OR SAUCER. NO MULCH IS TO TOUCH THE TRUNK OF THE TREE OR SHRUB. O. ALL PLANTING AREAS SHALL BE WATERED IMMEDIATELY UPON INSTALLATION IN ACCORDANCE WITH THE WATERING SPECIFICATIONS AS LISTED HEREIN. 10. TRANSPLANTING (WHEN REQUIRED) A. ALL TRANSPLANTS SHALL BE DUG WITH INTACT ROOT BALLS CAPABLE OF SUSTAINING THE PLANT. (SEE SPECIFICATION 2.F. ABOVE) B. IF PLANTS ARE TO BE STOCKPILED BEFORE REPLANTING, THEY SHALL BE HEALED IN WITH MULCH OR SOIL, ADEQUATELY WATERED AND PROTECTED FROM EXTREME HEAT, SUN AND WIND. C. PLANTS SHALL NOT BE DUG FOR TRANSPLANTING BETWEEN APRIL 10TH AND JUNE 30TH. D. UPON REPLANTING, BACKFILL SOIL SHALL BE AMENDED WITH FERTILIZER AND ROOT GROWTH HORMONE. E. TRANSPLANTS SHALL BE GUARANTEED FOR THE LENGTH OF THE GUARANTEE PERIOD SPECIFIED HEREIN. F. IF TRANSPLANTS DIE, SHRUBS AND TREES LESS THAN SIX INCHES (6") DBH SHALL BE REPLACED IN KIND. TREES GREATER THAN SIX INCHES (6") DBH MAY BE REQUIRED TO BE REPLACED IN ACCORDANCE WITH THE MUNICIPALITY'S TREE REPLACEMENT GUIDELINES. 11. WATERING A. NEW PLANTINGS OR LAWN AREAS SHALL BE ADEQUATELY IRRIGATED BEGINNING IMMEDIATELY AFTER PLANTING. WATER SHALL BE APPLIED TO EACH TREE AND SHRUB IN SUCH MANNER AS NOT TO DISTURB BACKFILL AND TO THE EXTENT THAT ALL MATERIALS IN THE PLANTING HOLE ARE THOROUGHLY SATURATED. WATERING SHALL CONTINUE AT LEAST UNTIL PLANTS ARE ESTABLISHED. B. SITE OWNER SHALL PROVIDE WATER IF AVAILABLE ON SITE AT TIME OF PLANTING. IF WATER IS NOT AVAILABLE ON SITE, CONTRACTOR SHALL SUPPLY ALL NECESSARY WATER. THE USE OF WATERING BAGS IS RECOMMENDED FOR ALL NEWLY PLANTED TREES. C. IF AN IRRIGATION SYSTEM HAS BEEN INSTALLED ON THE SITE, IT SHALL BE USED TO WATER PROPOSED PLANT MATERIAL, BUT ANY FAILURE OF THE SYSTEM DOES NOT ELIMINATE THE CONTRACTOR'S RESPONSIBILITY OF MAINTAINING THE DESIRED MOISTURE LEVEL FOR VIGOROUS, HEALTHY GROWTH. 12. GUARANTEE A. THE CONTRACTOR SHALL GUARANTEE ALL PLANTS FOR A PERIOD OF ONE (1) YEAR FROM APPROVAL OF LANDSCAPE INSTALLATION BY THE APPROVING AGENCY. CONTRACTOR SHALL SUPPLY THE OWNER WITH A MAINTENANCE BOND FOR TEN PERCENT (10%) OF THE VALUE OF THE LANDSCAPE INSTALLATION WHICH WILL BE RELEASED AT THE CONCLUSION OF THE GUARANTEE PERIOD AND WHEN A FINAL INSPECTION HAS BEEN COMPLETED AND APPROVED BY THE OWNER OR AUTHORIZED REPRESENTATIVE. B. ANY DEAD OR DYING PLANT MATERIAL SHALL BE REPLACED FOR THE LENGTH OF THE GUARANTEE PERIOD. REPLACEMENT OF PLANT MATERIAL SHALL BE CONDUCTED AT THE FIRST SUCCEEDING PLANTING SEASON. ANY DEBRIS SHALL BE DISPOSED OF OFF-SITE, WITHOUT EXCEPTION. A PLANT SHALL BE CONSIDERED "DEAD OR DYING" IF MORE THAN 30% OF ITS BRANCHES ARE DEAD. C. TREES AND SHRUBS SHALL BE MAINTAINED BY THE CONTRACTOR DURING CONSTRUCTION AND UNTIL TURNOVER TO THE OWNER/OPERATOR. CULTIVATION, WEEDING, WATERING AND THE PREVENTATIVE TREATMENTS SHALL BE PERFORMED AS NECESSARY TO KEEP PLANT MATERIAL IN GOOD CONDITION AND FREE OF INSECTS AND DISEASE. D. LAWNS SHALL BE MAINTAINED BY THE CONTRACTOR DURING CONSTRUCTION AND UNTIL TURNOVER TO THE OWNER/OPERATOR THROUGH WATERING, FERTILIZING, WEEDING, MOWING, TRIMMING AND OTHER OPERATIONS SUCH AS ROLLING, REGARDING AND REPLANTING AS REQUIRED TO ESTABLISH A SMOOTH, ACCEPTABLE LAWN, FREE OF ERODED OR BARE AREAS. 13. CLEANUP A. UPON THE COMPLETION OF ALL LANDSCAPE INSTALLATION AND BEFORE THE FINAL ACCEPTANCE, THE CONTRACTOR SHALL REMOVE ALL UNUSED MATERIALS, EQUIPMENT AND DEBRIS FROM THE SITE. ALL PAVED AREAS ARE TO BE CLEANED. B. THE SITE SHALL BE CLEANED AND LEFT IN A NEAT AND ACCEPTABLE CONDITION AS APPROVED BY THE OWNER OR AUTHORIZED REPRESENTATIVE. 1. SCOPE OF WORK: THE CONTRACTOR SHALL BE REQUIRED TO PERFORM ALL CLEARING, FINISHED GRADING, SOIL PREPARATION, PERMANENT SEEDING OR SODDING, PLANTING AND MULCHING INCLUDING ALL LABOR, MATERIALS, TOOLS AND EQUIPMENT NECESSARY FOR THE COMPLETION OF THIS PROJECT, UNLESS OTHERWISE CONTRACTED BY THE GENERAL CONTRACTOR. 2. MATERIALS A. GENERAL - ALL HARDSCAPE MATERIALS SHALL MEET OR EXCEED SPECIFICATIONS AS OUTLINED IN THE STATE DEPARTMENT OF TRANSPORTATION'S SPECIFICATIONS. B. TOPSOIL - NATURAL, FRIABLE, LOAMY SILT SOIL HAVING AN ORGANIC CONTENT NOT LESS THAN 5%, A PH RANGE BETWEEN 5.5-7.0. IT SHALL BE FREE OF DEBRIS, ROCKS LARGER THAN ONE INCH (1"), WOOD, ROOTS, VEGETABLE MATTER AND CLAY CLODS. C. LAWN - LAWN AREAS SHALL BE SEEDED OR SODDED IN ACCORDANCE WITH THE PERMANENT STABILIZATION METHODS INDICATED WITHIN THE SOIL EROSION AND SEDIMENT CONTROL NOTES. FOR SOIL BED PREPARATIONS, REFER TO ITEM 8 BELOW. I. LAWN SEED MIXTURE SHALL BE FRESH, CLEAN NEW CROP SEED. II. SOD SHALL BE STRONGLY ROOTED, WEED AND DISEASE/PEST FREE WITH A UNIFORM THICKNESS. SOD INSTALLED ON SLOPES GREATER THAN 4:1 SHALL BE PEGGED TO HOLD SOD IN PLACE. D. MULCH - ALL PLANTING BEDS SHALL BE MULCHED WITH A 3" THICK LAYER OF DOUBLE SHREDDED HARDWOOD BARK MULCH, UNLESS OTHERWISE STATED ON THE LANDSCAPE PLAN. E. FERTILIZER I. FERTILIZER SHALL BE DELIVERED TO THE SITE MIXED AS SPECIFIED IN THE ORIGINAL UNOPENED STANDARD BAGS SHOWING WEIGHT, ANALYSIS AND NAME OF MANUFACTURER. FERTILIZER SHALL BE STORED IN A WEATHERPROOF PLACE SO THAT IT CAN BE KEPT DRY PRIOR TO USE. II. FOR THE PURPOSE OF BIDDING, ASSUME THAT FERTILIZER SHALL BE 10% NITROGEN, 6% PHOSPHORUS AND 4% POTASSIUM BY WEIGHT. A FERTILIZER SHOULD NOT BE SELECTED WITHOUT A SOIL TEST PERFORMED BY A CERTIFIED SOIL LABORATORY. F. PLANT MATERIAL I. ALL PLANTS SHALL IN ALL CASES CONFORM TO THE REQUIREMENTS OF THE "AMERICAN STANDARD FOR NURSERY STOCK" (ANSI Z60.1), LATEST EDITION, AS PUBLISHED BY AMERICAN HORT (FORMERLY THE AMERICAN NURSERY AND LANDSCAPE ASSOCIATION). II. IN ALL CASES, BOTANICAL NAMES SHALL TAKE PRECEDENCE OVER COMMON NAMES FOR ANY AND ALL PLANT MATERIAL. III. PLANTS SHALL BE LEGIBLY TAGGED WITH THE PROPER NAME AND SIZE. TAGS ARE TO REMAIN ON AT LEAST ONE PLANT OF EACH SPECIES FOR VERIFICATION PURPOSES DURING THE FINAL INSPECTION. IV. TREES WITH ABRASION OF THE BARK, SUN SCALDS, DISFIGURATION OR FRESH CUTS OF LIMBS OVER 1¼", WHICH HAVE NOT BEEN COMPLETELY CALLUSED, SHALL BE REJECTED. PLANTS SHALL NOT BE BOUND WITH WIRE OR ROPE AT ANY TIME SO AS TO DAMAGE THE BARK OR BREAK BRANCHES. V. ALL PLANTS SHALL BE TYPICAL OF THEIR SPECIES OR VARIETY AND SHALL HAVE A NORMAL HABIT OF GROWTH: WELL DEVELOPED BRANCHES, DENSELY FOLIATED, VIGOROUS ROOT SYSTEMS AND BE FREE OF DISEASE, INSECTS, PESTS, EGGS OR LARVAE. VI. CALIPER MEASUREMENTS OF NURSERY GROWN TREES SHALL BE TAKEN AT A POINT ON THE TRUNK SIX INCHES (6") ABOVE THE NATURAL GRADE FOR TREES UP TO AND INCLUDING A FOUR INCH (4") CALIPER SIZE. IF THE CALIPER AT SIX INCHES (6") ABOVE THE GROUND EXCEEDS FOUR INCHES (4") IN CALIPER, THE CALIPER SHOULD BE MEASURED AT A POINT 12" ABOVE THE NATURAL GRADE. VII. SHRUBS SHALL BE MEASURED TO THE AVERAGE HEIGHT OR SPREAD OF THE SHRUB, AND NOT TO THE LONGEST BRANCH. VIII. TREES AND SHRUBS SHALL BE HANDLED WITH CARE BY THE ROOT BALL. 3. GENERAL WORK PROCEDURES A. CONTRACTOR TO UTILIZE WORKMANLIKE INDUSTRY STANDARDS IN PERFORMING ALL LANDSCAPE CONSTRUCTION. THE SITE IS TO BE LEFT IN A CLEAN STATE AT THE END OF EACH WORKDAY. ALL DEBRIS, MATERIALS AND TOOLS SHALL BE PROPERLY STORED, STOCKPILED OR DISPOSED OF. B. WASTE MATERIALS AND DEBRIS SHALL BE COMPLETELY DISPOSED OF AT THE CONTRACTOR'S EXPENSE. DEBRIS SHALL NOT BE BURIED, INCLUDING ORGANIC MATERIALS, BUT SHALL BE REMOVED COMPLETELY FROM THE SITE. 4. SITE PREPARATIONS A. BEFORE AND DURING PRELIMINARY GRADING AND FINISHED GRADING, ALL WEEDS AND GRASSES SHALL BE DUG OUT BY THE ROOTS AND DISPOSED OF IN ACCORDANCE WITH GENERAL WORK PROCEDURES OUTLINED HEREIN. B. ALL EXISTING TREES TO REMAIN SHALL BE PRUNED TO REMOVE ANY DAMAGED BRANCHES. THE ENTIRE LIMB OF ANY DAMAGED BRANCH SHALL BE CUT OFF AT THE BRANCH COLLAR. CONTRACTOR SHALL ENSURE THAT CUTS ARE SMOOTH AND STRAIGHT. ANY EXPOSED ROOTS SHALL BE CUT BACK WITH CLEAN, SHARP TOOLS AND TOPSOIL SHALL BE PLACED AROUND THE REMAINDER OF THE ROOTS. EXISTING TREES SHALL BE MONITORED ON A REGULAR BASIS FOR ADDITIONAL ROOT OR BRANCH DAMAGE AS A RESULT OF CONSTRUCTION. ROOTS SHALL NOT BE LEFT EXPOSED FOR MORE THAN ONE (1) DAY. CONTRACTOR SHALL WATER EXISTING TREES AS NEEDED TO PREVENT SHOCK OR DECLINE. C. CONTRACTOR SHALL ARRANGE TO HAVE A UTILITY STAKE-OUT TO LOCATE ALL UNDERGROUND UTILITIES PRIOR TO INSTALLATION OF ANY LANDSCAPE MATERIAL. UTILITY COMPANIES SHALL BE CONTACTED THREE (3) DAYS PRIOR TO THE BEGINNING OF WORK. 5. TREE PROTECTION A. CONTRACTOR SHALL BE RESPONSIBLE FOR THE PROTECTION OF ALL EXISTING TREES TO REMAIN. A TREE PROTECTION ZONE SHALL BE ESTABLISHED AT THE DRIP LINE OR 15 FEET FROM THE TRUNK OR AT THE LIMIT OF CONSTRUCTION DISTURBANCE, WHICHEVER IS GREATER. LOCAL STANDARDS THAT MAY REQUIRE A MORE STRICT TREE PROTECTION ZONE SHALL BE HONORED. B. A FORTY-EIGHT INCH (48") HIGH WOODEN SNOW FENCE OR ORANGE COLORED HIGH-DENSITY 'VISI-FENCE', OR APPROVED EQUAL, MOUNTED ON STEEL POSTS SHALL BE PLACED ALONG THE BOUNDARY OF THE TREE PROTECTION ZONE. POSTS SHALL BE LOCATED AT A MAXIMUM OF EIGHT FEET (8') ON CENTER OR AS INDICATED WITHIN THE TREE PROTECTION DETAIL. C. WHEN THE TREE PROTECTION FENCING HAS BEEN INSTALLED, IT SHALL BE INSPECTED BY THE APPROVING AGENCY PRIOR TO DEMOLITION, GRADING, TREE CLEARING OR ANY OTHER CONSTRUCTION. THE FENCING ALONG THE TREE PROTECTION ZONE SHALL BE REGULARLY INSPECTED BY THE CONTRACTOR AND MAINTAINED UNTIL ALL CONSTRUCTION ACTIVITY HAS BEEN COMPLETED. D. AT NO TIME SHALL MACHINERY, DEBRIS, FALLEN TREES OR OTHER MATERIALS BE PLACED, STOCKPILED OR LEFT STANDING IN THE TREE PROTECTION ZONE. 6. SOIL MODIFICATIONS A. CONTRACTOR SHALL ATTAIN A SOIL TEST FOR ALL AREAS OF THE SITE PRIOR TO CONDUCTING ANY PLANTING. SOIL TESTS SHALL BE PERFORMED BY A CERTIFIED SOIL LABORATORY. B. CONTRACTOR SHALL REPORT ANY SOIL OR DRAINAGE CONDITIONS CONSIDERED DETRIMENTAL TO THE GROWTH OF PLANT MATERIAL. SOIL MODIFICATIONS, AS SPECIFIED HEREIN, MAY NEED TO BE CONDUCTED BY THE CONTRACTOR DEPENDING ON SITE CONDITIONS. C. THE FOLLOWING AMENDMENTS AND QUANTITIES ARE APPROXIMATE AND ARE FOR BIDDING PURPOSES ONLY. COMPOSITION OF AMENDMENTS SHOULD BE REVISED DEPENDING ON THE OUTCOME OF A TOPSOIL ANALYSIS PERFORMED BY A CERTIFIED SOIL LABORATORY. I. TO INCREASE A SANDY SOIL'S ABILITY TO RETAIN WATER AND NUTRIENTS, THOROUGHLY TILL ORGANIC MATTER INTO THE TOP 6-12". USE COMPOSTED BARK, COMPOSTED LEAF MULCH OR PEAT MOSS. ALL PRODUCTS SHOULD BE COMPOSTED TO A DARK COLOR AND BE FREE OF PIECES WITH IDENTIFIABLE LEAF OR WOOD STRUCTURE. AVOID MATERIAL WITH A PH HIGHER THAN 7.5. II. TO INCREASE DRAINAGE, MODIFY HEAVY CLAY OR SILT (MORE THAN 40% CLAY OR SILT) BY ADDING COMPOSTED PINE BARK (UP TO 30% BY VOLUME) AND/OR AGRICULTURAL GYPSUM. COARSE SAND MAY BE USED IF ENOUGH IS ADDED TO BRING THE SAND CONTENT TO MORE THAN 60% OF THE TOTAL MIX. SUBSURFACE DRAINAGE LINES MAY NEED TO BE ADDED TO INCREASE DRAINAGE. III. MODIFY EXTREMELY SANDY SOILS (MORE THAN 85%) BY ADDING ORGANIC MATTER AND/OR DRY, SHREDDED CLAY LOAM UP TO 30% OF THE TOTAL MIX. 7. FINISHED GRADING A. UNLESS OTHERWISE CONTRACTED, THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION OF TOPSOIL AND THE ESTABLISHMENT OF FINE-GRADING WITHIN THE DISTURBANCE AREA OF THE SITE. B. CONTRACTOR SHALL VERIFY THAT SUBGRADE FOR INSTALLATION OF TOPSOIL HAS BEEN ESTABLISHED. THE SUBGRADE OF THE SITE MUST MEET THE FINISHED GRADE LESS THE REQUIRED TOPSOIL THICKNESS (1"±). C. ALL LAWN AND PLANTING AREAS SHALL BE GRADED TO A SMOOTH, EVEN AND UNIFORM PLANE WITH NO ABRUPT CHANGE OF SURFACE AS DEPICTED WITHIN THIS SET OF CONSTRUCTION PLANS, UNLESS OTHERWISE DIRECTED BY THE PROJECT ENGINEER OR LANDSCAPE ARCHITECT. D. ALL PLANTING AREAS SHALL BE GRADED AND MAINTAINED TO ALLOW FREE FLOW OF SURFACE WATER IN AND AROUND THE PLANTING BEDS. STANDING WATER SHALL NOT BE PERMITTED IN PLANTING BEDS. 8. TOPSOILING A. CONTRACTOR SHALL PROVIDE A SIX INCH (6") THICK MINIMUM LAYER OF TOPSOIL, OR AS DIRECTED BY THE LOCAL ORDINANCE OR CLIENT, IN ALL PLANTING AND LAWN AREAS. TOPSOIL SHOULD BE SPREAD OVER A PREPARED SURFACE IN A UNIFORM LAYER TO ACHIEVE THE DESIRED COMPACTED THICKNESS. B. ON-SITE TOPSOIL MAY BE USED TO SUPPLEMENT THE TOTAL AMOUNT REQUIRED. TOPSOIL FROM THE SITE MAY BE REJECTED IF IT HAS NOT BEEN PROPERLY REMOVED, STORED AND PROTECTED PRIOR TO CONSTRUCTION. C. CONTRACTOR SHALL FURNISH TO THE APPROVING AGENCY AN ANALYSIS OF BOTH IMPORTED AND ON-SITE TOPSOIL TO BE UTILIZED IN ALL PLANTING AREAS. THE PH AND NUTRIENT LEVELS MAY NEED TO BE ADJUSTED THROUGH SOIL MODIFICATIONS AS NEEDED TO ACHIEVE THE REQUIRED LEVELS AS SPECIFIED IN THE MATERIALS SECTION ABOVE. LANDSCAPE SPECIFICATIONS: DECIDUOUS TREE PLANTING DETAIL NOT TO SCALE L-1 AVOID PURCHASING TREES WITH TWO LEADERS OR REMOVE ONE AT PLANTING: OTHERWISE, DO NOT PRUNE TREE AT PLANTING EXCEPT FOR SPECIFIC STRUCTURAL CORRECTIONS. FOLD BURLAP AWAY FROM TOP OF ROOT BALL SET ROOT BALL FLUSH TO GRADE OR SEVERAL INCHES HIGHER IN POORLY DRAINING SOILS. 4" BUILT-UP EARTH SAUCER MULCH AS SPECIFIED (DO NOT PLACE MULCH IN CONTACT WITH TREE TRUNK) SET ROOT BALL ON UNDISTURBED SOIL IN BOTTOM OF HOLE TAMP SOIL SOLIDLY AROUND BASE OF ROOT BALL DIG WIDE, SHALLOW HOLE WITH TAMPED SIDES UNDISTURBED SUBGRADE BEFORE PLANTING, PLANTING SOIL TO BE AMENDED AS SPECIFIED IN THE LANDSCAPE SPECIFICATIONS DO NOT WRAP TRUNK. STAKING IS NOT REQUIRED. NOTES: 1.) NO SOIL OR MULCH SHALL BE PLACED AGAINST ROOT COLLAR OF PLANT. 2.) REMOVE ALL NON-BIODEGRADABLE MATERIAL AND ROPE FROM TRUNK & TOP OF ROOT BALL. FOLD OR CUT BURLAP BACK FROM TOP 1/3 OF ROOT BALL. 3.) PLANTING DEPTH SHALL BE THE SAME AS GROWN IN NURSERY. 4.) THOUROUGHLY SOAK THE TREE ROOT BALL AND ADJACENT PREPARED SOIL SEVERAL TIMES DURING THE FIRST MONTH AFTER PLANTING AND REGULARLY THROUGHOUT THE FOLLOWING TWO SUMMERS. 5.) THE BOTTOM OF PLANTING PIT EXCAVATIONS SHOULD BE SCARIFIED TO AVOID MATTING OF SOIL. 6.) THE MINIMUM DIAMETER OF THE TREE PIT SHALL BE 3 TIMES THE DIAMETER OF THE ROOT BALL. SHRUB PLANTING DETAIL NOT TO SCALE L-5 FINISHED GRADE BEFORE PLANTING, PLANTING SOIL TO BE AMENDED AS SPECIFIED IN THE LANDSCAPE SPECIFICATIONS. PLANT SHALL BE PLANTED SO THAT THE POINT AT WHICH THE ROOT FLARE BEGINS IS SET LEVEL WITH GRADE. CUT AND REMOVE BURLAP FROM TOP ONE-THIRD OF ROOT BALL AS SHOWN. SOIL SURFACE ROUGHENED TO BIND WITH NEW SOIL. UNDISTURBED SUBGRADE PLACE SHRUB ON FIRM SOIL IN BOTTOM OF HOLE. MULCH AS SPECIFIED (DO NOT PUT MULCH AGAINST THE BASE OF THE PLANT). FOR CONTAINER-GROWN SHRUBS, USE FINGER OR SMALL HAND TOOLS TO PULL THE ROOTS OUT OF THE OUTER LAYER OF POTTING SOIL; THEN CUT OR PULL APART ANY ROOTS THAT CIRCLE THE PERIMETER OF THE CONTAINER. 24" MINIMUM B&B CONTAINER 8-12" MIN. 1.THIS PLAN IS TO BE UTILIZED FOR LANDSCAPE PURPOSES ONLY. 2.ALL DISTURBED UNPAVED AREAS, EXCLUDING PLANTING BEDS, ARE TO BE INSTALLED AS LAWN IN ACCORDANCE WITH LANDSCAPE SPECIFICATION #2.C., UNLESS OTHERWISE STATED ON THIS PLAN. 3.SHRUBS PLANTED ALONG HEAD-IN PARKING STALLS SHALL BE INSTALLED TO ALLOW A CLEARANCE OF TWO FEET FROM FACE OF CURB TO ALLOW FOR BUMPER OVERHANG. 4.IF IRRIGATION IS REQUIRED BY THE OWNER OR APPROVING MUNICIPALITY, THE CONTRACTOR SHALL PROVIDE AN IRRIGATION SYSTEM MEETING THE SPECIFICATIONS OF THE CHOSEN PRODUCT'S MANUFACTURER. THE IRRIGATION DESIGN SHALL ACCOMMODATE LAWN AND BED AREAS EACH UNDER SEPARATE ZONES TO MAXIMIZE WATER EFFICIENCY. THE CONTRACTOR SHALL BE RESPONSIBLE FOR SECURING ANY PERMITS REQUIRED FOR THE INSTALLATION OF AN IRRIGATION SYSTEM. 5.PLANT MATERIAL SUBSTITUTIONS MUST BE FORMALLY SUBMITTED TO BOHLER ENGINEERING AND THE MUNICIPAL ENGINEER AND LANDSCAPE CONSULTANTS FOR REVIEW AND APPROVAL PRIOR TO INSTALLATION. ANY PLANT MATERIAL THAT ARE TO BE INSTALLED WITHIN STORMWATER BMP FEATURES MUST BE NATIVE SPECIES. 6.WITHOUT EXCEPTION, WEED BARRIER FABRIC SHALL NOT BE INSTALLED WITHIN ANY BMP FACILITY. BMP FACILITIES INCLUDE RAINGARDENS, INFILTRATION TRENCHES, VEGETATIVE SWALES AND STORMWATER BASINS. GENERAL NOTES: BIOBARRIER ROOT BARRIER DETAIL NOT TO SCALE L-12 1. ANY TREE INSTALLED WITHIN 10 FT. OF NEW CONCRETE SIDEWALKS AND/OR NEARBY UNDERGROUND UTILITY OR PIPE SHOULD BE INSTALLED WITH BIOBARRIER ROOT BARRIER FABRIC AS SHOWN. 2. TREES SHALL BE INSTALLED ACCORDING TO THE APPROPRIATE PLANTING DETAIL. NOTES: APPROX. LOCATION OF SIDEWALK AND/OR NEARBY UNDERGROUND UTILITY OR PIPE BIOBARRIER ROOT BARRIER FABRIC OR APPROVED EQUAL TO BE INSTALLED TO THE DEPTH OF THE ROOT BALL OR 1', WHICHEVER IS GREATER TREE SEE DECIDUOUS OR EVERGREEN TREE DETAIL FOR PLANTING PURPOSES UNDISTURBED SUBGRADE PREPARED SOIL FOR TREES (SEE PLANTING DETAIL) 10' MAX. X-C-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: June 20, 2022 Item: DBA Music Series Council Action Requested: If City Council desires to allow expansion of the premises to enable open consumption during the DBA Music Series, it should refer the subject to City staff, DBA, and 5 bars/restaurants to work through details for a future City Council meeting. Background Information: During its May 2 meeting, the City Council approved designation of the Downtown Business Association (DBA) Music Series as a special event for 6/3, 6/17, 7/1, 7/29, 8/12, 8/26, 9/9, 9/23, and 10/7. The approved special event designation included several conditions: • Street closure of the first block of 2nd Street East between the bridge and Sibley Street; area barricaded from 4 pm to 11 pm for the event. • DBA will use their own road barricades and volunteers to set-up and take-down, ensuring both ends of 2nd Street include highly visible and appropriate barricades/signage. • DBA will post “no parking” signs 24 hours prior to the event. HPS will tag/tow any cars in the restricted area starting at 4 pm. • Businesses serving alcohol must provide appropriate signage “No Alcohol Beyond This Point” or similar to discourage open containers off their premises. Businesses should emphasize open container prevention by existing or additional staff. • City and DBA will monitor effectiveness of traffic management plan and impacts. If deficiencies are noted or concerns raised, the City reserves the right to require the DBA to apply additional traffic management in the future. • DBA will provide insurance certificate naming the City as an additional insured. These requirements are consistent with state and city laws limiting public consumption and requiring that alcohol be consumed on the premises of the licensed (and insured) establishment. This is also the basic reasoning behind making sure that the sidewalk cafes and parklets are clearly defined areas as part of the licensed (and insured) premises. These are also consistent with requirements for liquor licensing, insurance, site security, traffic management, and neighborhood impact for other special events of similar size. X-E-01 Subsequent to approving the event, the City Council requested that this be revisited – particularly with interest to potentially allowing public consumption in the street and sidewalk within the special event area. As a basic framework, we could enlarge the footprint of the premises for each of the 5 restaurants/bars adjacent to the special event area – such that each individual premises is comprised of its building, its sidewalk café, its parklet, and the designated event space. In this manner, the common event space (within the fenced off block of E. 2nd St. between the bridge and Sibley St.) would be part of the licensed premises for all 5 of the restaurants/bars. They could serve and their customers could consume alcohol anywhere within their licensed footprint. Customers would not be able to take an open container out of the event area (for example, finishing a drink while walking to their car or home). Because the licensed premises must be compact and contiguous, this would only work for the 5 adjacent restaurants/bars. Customers of restaurants/bars a block away would not be able to carry a “take-out” alcoholic beverage from off-site to the special event area. Staff also recommend that the public not be allowed to bring personal coolers into the event. Because of the importance of limiting sales and consumption to within the event area, the fence/barricades delineating the area would need to direct foot traffic to specific entry/exit gates. Staff recommends the gates be monitored to ensure alcohol beverage don’t migrate in or out of the licensed (and insured) premises. Increasing the intensity of the special event may also necessitate traffic management, grounds clean-up, server training, signage. If the City Council is interested in allowing expansion of the premises to enable open consumption during the DBA Music Series, it should refer the subject to City staff, DBA, and 5 bars/restaurants to work through details for a future City Council meeting. Financial Impact: Not applicable Committee Discussion: City Council approved special event designation 5/2/2022 Attachment: Not applicable X-E-01