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Home My WebLink About20220705 - 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, July 5, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Highway 61 Corridor Study, Bryant Ficek V. APPROVAL OF MINUTES Approve Minutes of the City Council workshop and regular meeting on June 20, 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: Appointment of Election Judges for the 2022 Primary Election 3. Authorize Signature: 1st Amendment to Development Agreement – Villas at Pleasant 4. Approve Pay Estimate No. 1 for the Storage Building – Ebert Construction ($62,748.92) 5. Approve Pay Estimate No. 2 for the Storage Building – Ebert Construction ($194,565.79) 6. Authorize Purchase of Big Belly Garbage Units for the Downtown Area 7. Approve Signature of Donation Agreement Accepting 14.3 Acres from Flint Hills Resources Pine Bend, LLC 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. Parklet Application for RiverCity PopCorn and Candy Company a. Public Hearing b. Approval Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation 1. Budget Amendment: Hastings Civic Center C. Community Development 1. Resolution: Conditional Use Permit – Hubs Landing (6 Spiral View Loop) D. Public Safety E. Administration 1. Ballot Drop Box Grant 2. Approve First Reading of the Proposed Amendment to City Code Regarding Alcoholic Beverages XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, July 18, 2022 7:00 p.m. Hastings, Minnesota City Council Workshop June 20, 2022 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, June 20, 2022 at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, Lund, and Vaughan Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Finance Manager Chris Eitemiller Senior Accountant Ashley Bertrand Police Chief Dave Wilske Parks & Recreation Director Chris Jenkins Community Development Director John Hinzman Interim Public Works Director Ryan Stempski Mayor Fasbender called the workshop to order at 5:35 pm. Mayor Fasbender welcomed staff and invited Eitemiller to open the preliminary budget conversation for 2023. Eitemiller reviewed the schedule for budget preparation. He then presented the anticipated revenue and personnel, CIP/CEP, and other ongoing expense needs. Eitemiller reviewed the revenue considerations in terms of ongoing sources: • if same tax capacity as 2022, additional $537K (1% additional levy = $162,900); • no additional LGA • increasing building permit revenues • One-time sources of revenue: ARPA, general fund balance Eitemiller then reviewed the budgetary cost pressures: • Personnel—compensation study implementation, departmental staffing (Fire, Police, Building, Public Works) • Other ongoing expenses—inflationary impact for levy-supported funds, Community Investment Fund, other (legal, supply chain/long lead times, deferred maintenance, joint solid waste/recycling position) • CIP/CEP—current funding does not keep pace with needed projects, backlog carries forward • Trails & Parks plan—redevelopment and maintenance continue to lack consistent funding; Finance Committee met to consider options • Major projects—street/infrastructure projects (est. $4M/year), arena (est. $4M), County Road 46 (est. $3M), Trunk Highway 61 (est. $5M) Council discussion on cost of living adjustment (COLA) rates and the inflation rate. Council discussion on referendum option or local option sales/use tax. Discussion on the factors that influence the priority of the arena project. Discussion of the volume of projects that need attention may be influenced by putting some projects off as well as just the sheer number of assets that need to be maintained by the City. Wietecha posed questions seeking Council direction for the 2023 budget planning. What parameters does Council want to put on property tax rate/levy? Does Council have priority areas for staffing? Does Council want to increase debt to do both street project and arena project? Does Council wish to continue the Community Investment Fund? Other directions/priorities? Councilmember comments included continued support for Community Investment Fund due to the match that organizations brought to the table. Keep tennis court resurfacing on the table for discussion. Support for the work of the Arts Task Force (presenting to Council at the meeting following the workshop). Council discussion that it may need to go to the voters to fix the funding for parks system or some other way to make it a priority. There is a sense of a mixed level of support among voters for parks and/or arena project via referendum. The lead time on the arena project equipment purchases is now for a 2023 project. Council question about the pursuit of Federal grants for infrastructure projects. Stempski reported that it has been recommended that we go through a higher level of government—like Dakota County or MnDOT—to access federal funds for infrastructure. Councilmembers are interested in Fire staffing and learning what comes out of the Fire Study. There is Council interest to bring on a Community Services Officer to the Police Department, as well as a School Resource Officer or Investigator. Council discussion about raising the levy rate too much since 1% is $162,900. If we need to cover the costs in the future, it may take increases beyond what the residents can bear. ADJOURNMENT The workshop adjourned at 6:57 p.m. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk 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 20, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 20, 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, Lund, and Vaughan. Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Finance Manager Chris Eitemiller Proclamation: Make Music Day Mayor Fasbender and City Councilmembers read the proclamation. Presentation: Certification of Appreciation – HEDRA Commissioner Martha Sullivan Hinzman presented the certificate of appreciation to Martha Sullivan. Hinzman shared background information on what the HEDRA Commission does and the service they provide. Hinzman thanked Sullivan for her service to the commission. Hastings Arts Task Force, Barb Hollenbeck Hollenbeck presented background information on the Hastings Arts Task Force and their goals to promote art in the City. Hollenbeck shared seventeen (17) applicants applied for seven (7) positions, expressing the overwhelming interest within the community for this commission. Hollenbeck shared the recommendations from the work of the task force to date. They were tasked with identifying a structure and work plan. The Task Force recommends a commission format, created a charter document, and a workplan. Some project ideas: review policies, review design elements for the TH 61 project, early stages in event planning for new festivals, promote local art groups to get together to collaborate, QR codes on memorial/honorary benches, Ardent Mills façade project, use for the old blue bridge in River Flats. Recommend dedicating 1% of capital project funds annually to provide the new Arts Commission with funding to carry out the projects. They will also seek staff liaison for (five) 5 hours per week. Council thanked Hollenbeck as the Chair for the Hastings Arts Task Force, and the rest of the Task Force Members, for their work. Council discussion on the funding request and source of funds. Discussion led to the need for the recommendations to go to a Council Committee for further discussion. Councilmember Fox moved to have this discussion assigned to the Planning Committee of Council, seconded by Councilmember Leifeld. Additional discussion about the funding options and if a City staff person is available to support the commission at this time. Commissions are resources for the various departments. An Arts Commission is a different structure than other commissions as there is no art department where this commission naturally fits and projects may be connected to any of the departments. 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 7 Ayes, 0 Nays. Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting on June 6, 2022. Minutes were approved as presented. Comments from the Audience Brandon Spillman (125 18th Street West) expressed his concerns about KFC coming to the proposed location. He has lived at his home since 1995. He shared he understands that change is inevitable but is concerned about traffic on residential streets. He would like Council to deny the site plan for KFC and send it back to the Planning Commission. Mr. Spillman submitted a petition. Marcy Jorgensen (122 18th Street West) is a neighbor of the proposed KFC. Ms. Jorgensen attended the Planning Commission meeting last week to voice her concerns and shared the information she learned while attending. Ms. Jorgensen’s property abuts the proposed KFC drive-thru. Jorgensen feels that this is not an appropriate business for the Vermillion Corridor plan as she reviewed it. Ms. Jorgensen shared concern for the increased traffic the restaurant will cause considering the close proximity to the already dangerous 18th Street / Vermillion Street intersection. Ms. Jorgensen shared her thoughts on other locations within the City for fast- food restaurants in town. Tony & Lynn Vinge (115 17th Street West) live behind the new Hastings Dairy Store. They share about one hundred (100) feet of property line with the proposed KFC. They agreed with the concerns presented and expressed additional concern about dumpster odor and critters that it will attract. They also shared concerns with cars sitting idle in drive-thru exposing them to a higher level of carbon monoxide and reducing their time to enjoy their back yard. They are concerned this proposal could reduce their property values in the area. They asked Council to deny or spend additional time considering this before approving. Consent Agenda 1. Pay Bills as Audited 2. Resolution No. 06-07-22: Approve Renewal of Liquor Licenses for 2022 – 2023 Licensing Period 3. Resolution No. 06-08-22: Approve Renewal of Tobacco Licenses for 2022 – 2023 Licensing Period 4. Resolution No. 06-09-22: Approve New Tobacco License for Westview Smokes, Inc. dba Westview Smokes 5. Resolution No. 06-10-22: Approve Liquor License Modification for Pizza on 50th & France dba Carbone’s Pizza of Hastings 6. Resolution No. 06-11-22: Approve Dugarel’s Outdoor Music Tent and Liquor License Amendment Request 7. Resolution No. 06-12-22: 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 No. 06-13-22: 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 http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Councilmember Lund motioned to approve as presented, seconded by Councilmember Braucks. 7 Ayes, 0 Nays Presentation and Approval of 2021 Comprehensive Financial Report Eitemiller introduced Bergen KDV representative, Nancy Schulzetenberg, who presented the 2021 audit findings. One written finding of lack of segregation of accounting duties and no compliance findings for 2021. Ms. Schulzetenberg provided an overview of the revenues and expenditures as compared to 2020. Ms. Schulzetenberg then reviewed the special funds (Ambulance, Parks, Water, Sewer, Storm Water, and Hydro). Councilmember Vaughan thanked City Finance staff for the preparation and work they contributed to a strong report. Councilmember Braucks motioned to approve 2021 Comprehensive Financial Report as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Resolution No. 06-14-22: Variance – Accessory Building – Heselton (707 1st Street E.) Hinzman provided an overview of the variance request. Hinzman reviewed the existing additional structures on the property sharing that they would be removed when construction of the new accessory building takes place if approved. Council discussion on the side of the garage and the intended use. Terry Heselton (707 1st Street East) indicated the use for the structure would be for storage of his car and motorcycles. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. Resolution No. 06-15-22: Site Plan – KFC (1726 Vermillion Street) Hinzman presented the site plan for a KFC restaurant proposed for the former Freedom Gas Station site. The Planning Commission voted 6-1 to recommend approval. Residents expressed concerns at the Planning Commission meeting similar to public comments heard at this Council meeting. Hinzman shared the site plan, photos showing the site in relation to the residential area nearby and street access to the restaurant. Council discussion on the location of dumpsters on the property. Councilmember Leifeld shared memories of this area and how there is a need for development in the area. Leifeld shared her support of the plan. Braucks asked how traffic impact is assessed, what process is used, and trash storage concerns. Hinzman shared the possible traffic patterns and explained that 18th Street East is a collector road and was designed to carry an increased traffic. Hinzman shared there are requirements in property management, and Code Enforcement would be able to assist if necessary. Councilmember Lund shared his concern with traffic flow being directed to 18th Street East. Lund asked if there is a requirement for the amount of access points and traffic concerns at 18th Street East and TH 61. Hinzman responded there is no requirements for access points and shared the possible improvements to the intersection that have been shared with MnDOT. Councilmember Folch shared thoughts on flipping the site plan in relation to the Vermillion Corridor Project. Hinzman shared staff looked at other configurations and shared this site plan is ultimately what was agreed upon. Folch shared 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 her concerns of the dangerous intersection of TH 61 and 18th Street and asked what control Council has in the site plan. Hinzman shared the specific regulations and requirements staff reviews when developments are proposed and compared the Vermillion Corridor Project to the Zoning Code. Fox thanked Hinzman for the clarification provided. Fox shared her thoughts on the intentionality, people movement plan, traffic safety, and pedestrian safety. Vaughan shared his thoughts of the dangerous intersection and the need for safety in the area. Vaughan shared his concerns of hours of operation. Leifeld asked if KFC representatives could speak to the hours of operation concern. Land indicated that when directly adjacent to residential areas, it is appropriate to place reasonable operational conditions. Mayor Fasbender shared the Planning Commission review of the plan and shared the need for growth within the City. Shannon Smith, engineering consultant for the project, provided information about screening, fence and adding trees from the residential area and intended hours. The traffic flow consideration was initially based on the prior existence of the gas station at that location. Folch asked if restricting access to 18th Street is a possibility. Folch asked if MnDOT has proposed any intersection improvements. Smith shared that conversations with MnDOT are in the preliminary stages. Hinzman provided further explanation of possible traffic flow improvements. Land indicated the City cannot impact access to TH 61 and any restrictions on 18th would be taking rights away from property owner and would come at cost to the City. Councilmember Braucks motioned to approve as presented, seconded by Councilmember Leifeld. 5 Ayes, 2 Nays (Lund, Folch) DBA Music Series Wietecha provided an overview of Councilmember request to consider open consumption of alcohol during the DBA Music Series. It is recommended that if this is something the Council wishes to consider, it should be referred to staff, then meet with the DBA, and bars/restaurant participants to prepare the details for a future Council meeting. Council discussion on sending the complex discussion back to staff, then sending it to the Public Safety Committee. Vaughan shared the complications of expanding and expressed his concerns of liability against the City. Councilmember Leifeld asked City Attorney Land for guidance. Land indicated that there are different mechanisms for approving this kind of event if there is an interest. Land indicated more discussion needs to be held due to legal complexities which should include representatives from the DBA. Leifeld shared the concern about lack of space in existing parklets and shared input on the different crowd the event brings and the hours of the event. Councilmember Braucks motioned to refer the conversation to staff and Public Safety Committee, seconded by Councilmember Folch. 7 Ayes, 0 Nays Announcements • Tomorrow, June 21, is Make Music Day with 12 performers over 12 hours at 4 locations. Bring a blanket or chair to enjoy live music from talented musicians in Hastings parks. • Summer Programs at Levee Park… o Thursday, June23, Music in the Park with “The Southern Express Band.” Supported by the Ruth and George Doffing Charitable Fund. o Friday, June24, Movies in the Park will be “Encanto.” Sponsored by Ardent Mills. Please bring a non-perishable food donation for Hastings Family Service. 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 o Tuesday, June 28, Performances in the Park will be a “Comic Magician and Illusionist.” Sponsored by SMEAD. o Thursday, June 30, Music in the Park with “Sawyer’s Dream.” Supported by the Ruth and George Doffing Charitable Fund. • The City’s Parks & Recreation and Police Departments are partnering with Hastings Prescott Area Arts Council to serve up fun for youth in Hastings. The Rec + Art + Police program will offer free activities, treats, and giveaways this summer. The first event is Wednesday, June 22, from 1 to 2 pm at Levee Park with a hula hoop contest, DJ, games, and crystal magic art. Recommended for tweens and teens. Supported by SC Toys and Country Financial. • City Offices will be closed Monday, July 4, in observation of Independence Day. • Appreciation to Hastings Golf Club for organizing a Fourth of July Parade, at 6:30 pm from SEAS Church, then eastbound on 15thStreet, and ending at Westview Drive. Followed by live music, then fireworks at 10 pm. And appreciation to Vermillion Bank and Hastings Golf Club for the fireworks. • And coming up soon, Happy Birthday to Councilmember Folch. • Councilmember Folch provided an update from a recent Dakota Broad Band technical advisory group. A joint powers agreement was going to be drafted to reform and focus the DBB on City collaboration on fiber assets within the County. The County has decided to withdraw participation in the DBB and this shifts the power for asset use. Technical advisory group of the DBB have reiterated the benefits of working together but this was dismissed by the larger cities and the county. Survey results from residents and businesses may be available soon. Meetings • Heritage Preservation Commission Meeting on Tuesday June 7, 2022 – CANCELLED • Arts Task Force on Wednesday June 22, 2022 at 6:00 PM • Planning Commission Meeting on Monday June 27, 2022 at 7:00 PM • City Council Regular Meeting on Tuesday July 5, 2022 at 7:00 PM Councilmember Leifeld motioned to adjourn the meeting at 9:20 PM, seconded by Councilmember Braucks. Ayes 7; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang – Accountant Date: 06/30/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of May 2022 CC payments. Council review of weekly routine disbursements issued 06/28/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 07/06/2022. 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 CC Payments $ 32,024.49 Disbursement checks, EFT, Hedra issued on 06/28/2022 $ 77,351.60 Disbursement checks, EFT, Hedra to be issued on 07/06/2022 $ 468,813.65 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 Date Vendor Amount Account Description 05/24/2022 Holiday Stations 3523 4.99 101-105-1051-6201 Water for integrity testing 05/14/2022 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air Cards 05/27/2022 Facebk Eu2eaex6p2 215.82 101-107-1061-6331 Online Facebook ads for hiring and events 05/21/2022 Twitter Online Ads 12.67 101-107-1061-6331 Online ads for hiring and event promotion 05/14/2022 Twitter Online Ads 3.43 101-107-1061-6331 Online ads for hiring and event promotion 05/13/2022 Pioneer Press Circ 12.00 101-107-1061-6433 Online newspaper subscription to monitor Hastings news 05/06/2022 Pollunit 8.00 101-107-1061-6433 online polling tool used for Century Home Contest for Heritage Preservation Commission 05/25/2022 Cub Foods #1635 83.96 101-107-1061-6450 Treats for Chief Schafer retirement party 05/21/2022 Cub Foods #1635 64.99 101-107-1061-6450 Chief Schafer's Retirement Event 5/25/22 - Cake 05/21/2022 Wal-Mart #1472 15.59 101-107-1061-6450 Chief's Retirement Event 5/25/22 - Plates/Napkins 05/12/2022 Hometown Ace Hardware 11.96 101-107-1061-6450 Keys made for downtown kiosks 05/14/2022 Vzwrlss My Vz Vb P 35.07 101-107-1071-6321 Verizon Air Cards 05/18/2022 Vzwrlss My Vz Vb P 41.21 101-140-1401-6321 Verizon Cell Phones 05/18/2022 Vzwrlss My Vz Vb P 82.42 101-150-1501-6321 Verizon Cell Phones 05/07/2022 Delta 00642343298155 30.00 101-150-1501-6325 Baggage Fee - APA Conference - Hinzman 04/29/2022 Delta 00642339607630 30.00 101-150-1501-6325 Baggage Fee - APA Conference - Hinzman 05/13/2022 Eig Constantcontact.Co 19.00 101-160-1061-6310 Online platform for e-newsletters 04/28/2022 Amzn Mktp Us -46.90 101-160-1601-6217 This is the return of 2x FD ipad cases 05/18/2022 Vzwrlss My Vz Vb P 46.21 101-160-1601-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 40.03 101-160-1601-6321 Verizon Air Cards 05/13/2022 Ebay O 19-08622-03685 41.61 101-160-1601-6353 3x mitel desk phone handsets, FD Captains and spare. 05/13/2022 Ebay O 03-08627-87623 24.49 101-160-1601-6353 Another dell case fan, Quentin needed it, for which PC I'm not sure. 05/11/2022 Ebay O 09-08617-46446 29.15 101-160-1601-6353 Additional ram needed for repurposing a PC for planning intern 05/11/2022 Ebay O 18-08614-42406 48.98 101-160-1601-6353 2x dell case fans for LAndersen, front desk (?) 05/06/2022 Ebay O 18-08578-36493 -65.85 101-160-1601-6353 Return of black Printhead for HP Designjet printer in Building Dept 05/02/2022 Ebay O 18-08578-36493 69.90 101-160-1601-6353 Black Printhead for HP Designjet printer in Building Dept 04/29/2022 Ebay O 11-08568-14655 30.99 101-160-1601-6353 Black toner for the HP Designjet in Building Dept 04/29/2022 Ebay O 18-08566-37441 55.79 101-160-1601-6353 Color toner for the HP Designjet in Building Dept 05/14/2022 Vzwrlss My Vz Vb P 549.99 101-160-1601-6571 Verizon Air Cards 05/14/2022 Innovative Office Solu 26.06 101-201-2010-6201 Office Supplies 05/26/2022 Wm Supercenter #1472 90.08 101-201-2010-6217 Coffee for PD 05/24/2022 Trophies Plus Of Hasti 85.00 101-201-2010-6217 Chief Schafer retirement trophy 05/06/2022 The White House Gift S 72.90 101-201-2010-6217 Historical Badge Box 04/29/2022 Otc Brands Inc 58.91 101-201-2010-6217 CEO Swag Children handouts 04/29/2022 Ideastage Promotion 173.05 101-201-2010-6217 CEO Swag Police Coloring Books 04/28/2022 24hourwristbands.Com 171.75 101-201-2010-6217 CEO Swag 05/13/2022 Galls 33.94 101-201-2010-6218 Flashlight with Uniform Allowance 05/06/2022 Guardian Supply 13.94 101-201-2010-6218 Handcuff case for Chief Wilske 04/27/2022 Guardian Supply 49.99 101-201-2010-6218 Bike patrol shorts for SRO bike school 05/25/2022 Wasp Barcode Technolog 223.96 101-201-2010-6311 Paper and ribbon for property inventory 05/23/2022 Minnesota County Attor 44.00 101-201-2010-6311 DWI/Flee forms 05/18/2022 Vzwrlss My Vz Vb P 1,328.97 101-201-2010-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 748.37 101-201-2010-6321 Verizon Air Cards 05/25/2022 Usps Po 2642300046 12.09 101-201-2010-6322 USB sent to NCMEC for case #22900082 05/20/2022 Usps Po 2642300046 11.50 101-201-2010-6322 Items sent to NCMEC for case #21900264 05/17/2022 In Shamrock Filling L 435.00 101-201-2010-6323 Chemical Aerosol School - Ofc. Latsch 05/16/2022 Holiday Inn Parking Ra 7.50 101-201-2010-6323 parking 05/14/2022 Grand View Lodge 303.84 101-201-2010-6323 Hotel stay - Canam Conference - Ofc. Latsch 05/18/2022 Post Board Licensing 540.00 101-201-2010-6433 POST renewal for: Bauer, Bukkila, Harrity, Hedrick, Nelson, Nosal 05/15/2022 Cub Foods #1635 73.98 101-201-2010-6450 Officer swearing In reception 5/16 - cake 05/06/2022 Innovative Office Solu 77.78 101-201-2010-6450 Supplies - PD events/functions 05/10/2022 Petsmart #3221 81.99 101-201-2219-6231 pet smart- dog food for May 2022 05/16/2022 Department Of Labor An 1,200.40 101-230-2301-2015 Bldg Permit Surcharge - April 05/11/2022 Menards Red Wing Mn 106.24 101-230-2301-6201 lath for file room 05/01/2022 Amzn Mktp US 1323n3081 44.99 101-230-2301-6201 headset for zoom/digital 05/18/2022 Vzwrlss My Vz Vb P 67.69 101-230-2301-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 199.73 101-230-2301-6321 Verizon Air Cards 05/13/2022 Intl Code Council Inc 639.98 101-230-2301-6323 code books alana 05/11/2022 Intl Code Council Inc 91.00 101-230-2301-6323 tabs for code books 05/10/2022 Eb 10000 Lakes Summer 130.00 101-230-2301-6323 summer conference education 05/18/2022 Hastings Automotivein 47.09 101-230-2301-6354 oil change craigs 05/19/2022 Nfpa Natl Fire Protect 9.99 101-230-2301-6433 monthly nfpa 05/17/2022 National Society Of Pr 40.00 101-230-2301-6433 travis yearly licensure 04/18/2022 Walmart.Com Aa 17.55 101-230-2301-6450 Walmart charge, same as last months desc 04/13/2022 Walmart.Com Aa 138.71 101-230-2301-6450 Walmart charge, same as last months desc 04/13/2022 Walmart.Com Aa 20.07 101-230-2301-6450 Walmart charge, same as last months desc 04/18/2022 Walmart.Com Aa -17.55 101-230-2301-6450 Walmart charge, same as last months desc 04/13/2022 Walmart.Com Aa -138.71 101-230-2301-6450 Walmart charge, same as last months desc 04/13/2022 Walmart.Com Aa -20.07 101-230-2301-6450 Walmart charge, same as last months desc 05/14/2022 Vzwrlss My Vz Vb P 359.99 101-230-2301-6571 Verizon Air Cards 05/18/2022 Amzn Mktp US 1r3eh6dy1 101.70 101-240-2020-6450 Saw Committee - Items for restroom baskets. (receipt $266.91 split between 101.70 & 165.21) 05/10/2022 Sq Massage Moms 1,300.00 101-240-2020-6450 saw committee workplace massage initiative 05/08/2022 Amzn Mktp US 131s53ae2 165.21 101-240-2020-6450 Saw Committee - Items for restroom baskets. Receipt for $266.91 split (165.21 and 101.70) 05/07/2022 Walmart.Com Aa 194.07 101-240-2020-6450 Saw Committee - Items for restroom baskets 05/06/2022 Amzn Mktp US 139847oj0 43.21 101-240-2020-6450 Saw Committee - Items for restroom baskets 05/03/2022 Walmart.Com Aa 24.77 101-240-2020-6450 Saw Committee - Items for restroom baskets 05/20/2022 Amzn Mktp US 1l2iv2ie2 46.50 101-300-3100-6204 Accessories for Survey Equipment To be Billed to Engineering Drafting and Survey Budget 05/18/2022 Vzwrlss My Vz Vb P 31.21 101-300-3100-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 73.36 101-300-3100-6321 Verizon Air Cards 05/18/2022 Vzwrlss My Vz Vb P 31.87 101-301-3200-6321 Verizon Cell Phones 05/12/2022 Tennis Sanitation Llc 139.33 101-401-5001-6311 Garbage/recycle 05/24/2022 Amzn Mktp US Sk8j25jq3 399.00 200-401-4440-6214 line marker 05/16/2022 Amzn Mktp US 1r0l19m21 68.95 200-401-4440-6214 hula hoops for party wagon 05/15/2022 Amzn Mktp US 1r0np2em1 73.36 200-401-4440-6214 rec supplies 05/15/2022 Amzn Mktp Us -329.00 200-401-4440-6214 automatic return of line painter 05/12/2022 Amzn Mktp US 136cx2ur2 24.50 200-401-4440-6214 rec supplies 05/12/2022 Amzn Mktp US 1l3u28yp1 99.92 200-401-4440-6214 supplies for rec 05/10/2022 Amzn Mktp US 1l3th4b11 329.00 200-401-4440-6214 line painter 05/10/2022 Amazon.Com 139dt2b90 A 87.96 200-401-4440-6218 shirts for brady park maintenance 05/18/2022 Vzwrlss My Vz Vb P 73.08 200-401-4440-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards 05/04/2022 Wave - Middletown Cre 240.00 200-401-4440-6334 flyer design for levee park events 05/17/2022 McNeilus Steel 2,620.68 200-401-4440-6350 steel 04/28/2022 Menards Cottage Grove 849.31 200-401-4440-6353 Trailer rebuild 04/28/2022 Menards Cottage Grove -289.27 200-401-4440-6353 Trailer rebuild return 04/28/2022 Menards Cottage Grove 249.32 200-401-4440-6353 trailer rebuild 05/04/2022 Propower Rental 50.29 200-401-4440-6365 rental sod cutter 05/19/2022 Dept Of Agriculture 78.73 200-401-4440-6433 concessions license 05/18/2022 Pop Up Party Rental 228.65 200-401-4440-6494 inflatable for National Night Out - doesn't match amount but i assume they took a deposit.... 05/13/2022 Ad Starr 720.00 200-401-4442-6214 softballs 05/11/2022 Dicks Clothing&sporti 13.98 200-401-4442-6214 umpire equipment 05/16/2022 Sq Mn Cpr Llc 135.00 200-401-4454-6319 cpr instructor for safety camp Credit Card Purchases May 2022 VIII-01 05/02/2022 Hometown Ace Hardware 7.06 200-401-4457-6214 stakes 05/09/2022 Sq Schoolhouse Scoop 6.62 200-401-4460-6450 youth impact council banquet 05/09/2022 Sq Schoolhouse Scoop 116.64 200-401-4460-6450 youth impact council ice cream social banquet 05/19/2022 School Outfitters 596.09 201-401-4240-6201 office partition 05/18/2022 American Red Cross 551.43 201-401-4240-6217 AED trainer, pad replacements, masks, etc 05/16/2022 The Lifeguard Store, I 3,264.98 201-401-4240-6218 suits, lanyards, whistles, tubes, packs, etc 05/16/2022 Bound Tree Medical Llc 511.30 201-401-4240-6219 First Aide Supplies 05/24/2022 Blt Wildwestpoolsuppli -1,248.10 201-401-4240-6353 Partial refund for undelivered parts. 05/02/2022 Blt Wildwestpoolsuppli 1,686.49 201-401-4240-6353 Return inlet and screws 05/03/2022 American Red Cross 300.00 201-401-4240-6433 Red Cross LGT Fees 05/17/2022 American Floor Mats 102.31 201-401-4242-6217 water fitness deck mat 05/10/2022 Amazon.Com 138pn6hi2 A 19.98 213-210-2100-6201 Daily planner for Jamie - fire inspector 05/23/2022 Amzn Mktp Us -27.89 213-210-2100-6211 Items ordered were shipped to CA. Amazon chose to refund the cost of the items vs re-sending. 05/10/2022 Amzn Mktp US 134fv7582 27.89 213-210-2100-6211 Toilet bowl cleaner 05/06/2022 Wm Supercenter #1472 50.80 213-210-2100-6211 Cleaning supplies 05/18/2022 Speedway 04486 80.50 213-210-2100-6212 Fuel for staff vehicle 05/16/2022 Speedway 04798 14610 2 66.55 213-210-2100-6212 Fuel for staff 3 vehicle 05/10/2022 Holiday Stations 0377 63.20 213-210-2100-6212 Fuel for staff 3 vehicle 04/30/2022 Shell Oil 12443899005 79.04 213-210-2100-6212 Fuel for FDIC conference in Indianapolis, IN 04/30/2022 Loves Travel S00004598 65.35 213-210-2100-6212 Fuel for FDIC conference in Indianapolis, IN 05/16/2022 Coborns Superstore 25.91 213-210-2100-6217 Gatorade for employees at structure fire on 207th St. E. 05/16/2022 Tst Spiral Pizza 180.00 213-210-2100-6217 Food for employees after structure fire on 207th Street E. 04/28/2022 Wm Supercenter #1472 156.50 213-210-2100-6217 Station supplies 05/05/2022 Georges Shoe & Skate 19.95 213-210-2100-6218 Repair to Mens boot 05/03/2022 Conway Shield 268.90 213-210-2100-6218 Helmet shields 05/02/2022 Conway Shield 60.93 213-210-2100-6218 Helmet shields 05/24/2022 Midwest Hastings 30.39 213-210-2100-6221 Parts for Engine 4's chain saw 05/11/2022 61 Marine And Sports 4.95 213-210-2100-6221 Choke lever kit for rescue ATV 05/18/2022 Vzwrlss My Vz Vb P 95.61 213-210-2100-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 529.50 213-210-2100-6321 Verizon Air Cards 05/24/2022 Usps Po 2642300046 66.95 213-210-2100-6322 Postage and stamps 05/07/2022 Il Tollway -Pay By Pla 22.40 213-210-2100-6323 Toll fee for fire conference 05/04/2022 Camp Ripley Billet Fun 34.00 213-210-2100-6323 Advance Deposit for State Fire Marshal's class 04/29/2022 Hampton Inns 1,218.12 213-210-2100-6323 First charge for lodging at FDIC conference in Indianapolis, IN for Harklerode 05/01/2022 Sheraton Hotels Indy D 1,333.80 213-210-2100-6323 Lodging for Kiel Kwiatkowski at FDIC conference in Indianapolis, IN 04/30/2022 Hampton Inns 303.03 213-210-2100-6323 Lodging for Harklerode at FDIC Conference in Indianapolis, IN 05/01/2022 Sheraton Hotels Indy D 1,333.80 213-210-2100-6323 Lodging for Jamie Stevens at FDIC Conference in Indianapolis, IN 05/20/2022 Superior Diving Repair 181.00 213-210-2100-6353 Repair to water rescue suit 05/25/2022 Mn Iaai 25.00 213-210-2100-6433 Membership for Tim Likes 05/14/2022 Vzwrlss My Vz Vb P 719.98 213-210-2100-6571 Verizon Air Cards 05/16/2022 J2 Efax Corporate Svc 89.95 213-220-2200-6433 Monthly fee to fax EMS reports to receiving hospitals from IPad's 05/10/2022 Economic Development A 345.00 407-180-1502-6323 EDAM Summer Conference Registration - Maass 04/29/2022 Breezy Point Resort In 170.73 407-180-1502-6323 Conference Lodging - MN DEED Brownfield - Hinzman 05/01/2022 Amazon.Com 1q31o0po2 153.93 600-300-3300-6240 Battery pack 05/18/2022 Vzwrlss My Vz Vb P 73.08 600-300-3300-6321 Verizon Cell Phones 05/14/2022 Vzwrlss My Vz Vb P 250.07 600-300-3300-6321 Verizon Air Cards 05/14/2022 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards 05/18/2022 Canon Direct 233.32 615-401-4103-6217 Toner cartridges 05/16/2022 Menards Cottage Grove 62.88 615-401-4103-6217 Roof Vent Supplies 05/25/2022 The Hilliard Corp 25.64 620-300-3500-6353 Freight 05/19/2022 The Hilliard Corp 572.00 620-300-3500-6353 Brake Pads, springs TOTAL 32,024.49 VIII-01 06-30-2022 09:16 AM Council Report JUNE 28TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ ADMINISTRATION GENERAL CITYGATE ASSOCIATES, LLC HFD STUDY 5,969.25 HFD STUDY 9,736.13 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 436.66 _ TOTAL: 16,142.04 CITY CLERK GENERAL THE JOURNAL MAY 22 LEGAL NOTICES 153.14 _ TOTAL: 153.14 FINANCE GENERAL GRAPHIC DESIGN AR BLUE ENVELOPES 101.00 _ TOTAL: 101.00 FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. CH-TROUBLE SHOOT HEATING S 876.50 ARCHER MECHANICAL. LLC STEAM BUNDLE HYDRONIC TEST 2,482.92 DALCO DISINFECTANT 58.61 ECOLAB PEST ELIMINATION DIVISION PD PEST SERVICE 90.28 STORAGE BLDG PEST SERVICE 84.26 HFD PEST SERVICE 76.04 W.W. GRAINGER, INC. V-BELTS, FILTERS 603.17 V-BELTS, FILTERS 150.42 V-BELTS, FILTERS 199.88 CH V-BELTS 37.46 PW & PD V-BELTS 31.00 BALL VAVLE, V-BELT 63.21 TERRYS HARDWARE, INC. FACILITIES - GARDEN HOSE 59.99 CLAMPS 29.43 _ TOTAL: 4,843.17 I.T. GENERAL COMCAST CABLE 84.90 DAKOTA COUNTY FINANCIAL SERVICES JUNE 2022 IT SERVER LEASE 250.00 _ TOTAL: 334.90 POLICE GENERAL TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 270.66 HASTINGS VEHICLE REGIS. TITLE 50.00 _ TOTAL: 320.66 PUBLIC WORKS GENERAL TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 71.36 W.W. GRAINGER, INC. V-BELTS, FILTERS 138.72 PW & PD V-BELTS 36.48 _ TOTAL: 246.56 PUBLIC WORKS STREETS GENERAL NAPA AUTO PARTS FUEL LINE HOSE 8.19 LUHMAN'S CONSTRUCTION CO OF RED WING DUST CONTROL 420.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 71.35 _ TOTAL: 499.54 PUBLIC WORKS STR. LIGH GENERAL VIKING ELECTRIC SUPPLY PVC, CONNECTORS 231.92 _ TOTAL: 231.92 PARKS & RECREATION PARKS WILDSIDE GRAPHIX ADOPT A PARK SIGNS 100.00 INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 133.54 MIDDLETOWN CREATIVE MAKE MUSIC DAY FLYER 2022 90.00 TROPHIES PLUS BENCH PLATES 20.00 ACTIVE NETWORK, LLC SERVICE 2022 11,987.50 INDUSTRIAL CONTAINER SERVICES, LLC GARBAGE CANS 984.00 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 201.64 _ TOTAL: 13,516.68 VIII-01 06-30-2022 09:16 AM Council Report JUNE 28TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ PARKS & RECREATION AQUATIC CENTER HORIZON COMMERCIAL POOL SUPPLY CHEMICAL 2,357.00 CHEMICAL 2,714.00 GUTTER STONES 5,616.60 CHEMICAL 2,740.30 RIVER CITY STITCH STAFF UNIFORMS 3,774.34 MERLES WATER CONDITIONING MERLES WATER CONDITIONING 200.00 ACCO UNLIMITED CORP. FLOOR RETURNS 2,320.41 1ST LINE BEVERAGES INC. SLUSHY FLAVOR + BASE 629.25 SLUSHY FLAVOR + BASE 110.25 SYSCO, MINNESOTA FOOD FOR CONCESSIONS 2,532.01 FOOD FOR CONCESSIONS 249.52 FOOD FOR CONCESSIONS 778.27 FOOD FOR CONCESSIONS 576.05 _ TOTAL: 24,598.00 FIRE FIRE & AMBULANCE TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 155.01 TURNER PSYCHOTHERAPY LLC MENTAL HEALTH TRAINING 1,440.00 MENTAL HEALTH TRAINING 1,080.00 CITY OF INVER GROVE HEIGHTS ERICKSON - FF TRAINING 1,370.00 _ TOTAL: 4,045.01 AMBULANCE FIRE & AMBULANCE BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 50.37 MEDICAL SUPPLIES 81.50 MEDICAL SUPPLIES 81.50 MISCELLANEOUS V JACQUELINE SCHICKLING JACQUELINE SCHICKLING : AM 50.00 ANTHONY LAPEAN ANTHONY LAPEAN : AMB REFUN 25.00 MEDICA RECOVERY SERVICE AMBULANCE REFUND 2,251.40 _ TOTAL: 2,539.77 LEDUC LEDUC HISTORIC EST GILBERT MECHANICAL CONTRACTORS, INC. LE DUC A/C 634.25 GORDY'S GLASS, INC. LE DUC - WINDOW PANE REPAI 150.71 BATHRICK'S APPLIANCE INC LEDUC A/C 850.00 ECOLAB PEST ELIMINATION DIVISION LE DUC MANSION PEST SERVIC 124.58 W.W. GRAINGER, INC. LE DUC FILTERS 81.84 V-BELTS, FILTERS 114.24 _ TOTAL: 1,955.62 NON DEPARTMENTAL PW Cold Storage Bu HONSA SURVEYING LLC PW COLD STORAGE BLDG SURVE 750.00 _ TOTAL: 750.00 NON-DEPARTMENTAL WATER MISCELLANEOUS V PLATSON, MARK/DEANNA 01-738000-02 33.90 LAWRENCE BUILDERS 12-826100-00 20.72 SELECT PORTFOLIO SER 60-000220-01 2.48 _ TOTAL: 57.10 PUBLIC WORKS WATER US SALT WATER TREATMENT PLANT SALT 3,493.72 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 71.36 KODIAK POWER SYSTEMS GENERATOR REPAIRS 1,433.80 _ TOTAL: 4,998.88 PUBLIC WORKS WASTEWATER SAFETY SIGNS MESSAGE BOARD, SIGNAGE 946.25 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASES 71.36 _ TOTAL: 1,017.61 NON-DEPARTMENTAL RUTH DOFFING TRUST DAKOTA COUNTY PLEASANT HILL LIBRARY DOFFING TRUST DISBURSEMENT 1,000.00 _ TOTAL: 1,000.00 VIII-01 06-30-2022 09:16 AM Council Report JUNE 28TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ =============== FUND TOTALS ================ 101 GENERAL 22,872.93 200 PARKS 13,516.68 201 AQUATIC CENTER 24,598.00 213 FIRE & AMBULANCE 6,584.78 220 LEDUC HISTORIC ESTATE 1,955.62 416 PW Cold Storage Building 750.00 600 WATER 5,055.98 601 WASTEWATER 1,017.61 810 RUTH DOFFING TRUST LIBR 1,000.00 -------------------------------------------- GRAND TOTAL: 77,351.60 -------------------------------------------- TOTAL PAGES: 3 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 794.63 JULY 2022 LIFE INS PREMIUM 10.97 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 211.42 JUNE 2022 VISION PREMIUM 6.10 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 3,066.40 JULY 2022 DENTAL PREMIUM 86.22 HASTINGS AREA CHAMBER/COM MAY 22 LODGING TAX 5,798.96 _ TOTAL: 9,974.70 COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 7.87 JENNIFER FOX HOTEL REIMBURSEMENT 751.47 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 34.30 _ TOTAL: 793.64 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 222.31 OFFICE SUPPLIES 25.89 CENTURY LINK PHONES 164.62 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 4.90 _ TOTAL: 417.72 CITY CLERK GENERAL I/O SOLUTIONS, INC. ANSWER SHEETS 20.00 INTEGRITY INVENTORY 60.00 CENTURY LINK PHONES 23.62 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 14.70 JULY 2022 LIFE INS PREMIUM 4.17 _ TOTAL: 122.49 FINANCE GENERAL CENTURY LINK PHONES 62.97 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 19.60 _ TOTAL: 82.57 FACILITY MANAGEMENT GENERAL CENTURY LINK PHONES 109.52 MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCH / MECH DESIGN 8,040.09 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 4.17 KANE MECHANICAL LLC FD - REPAIR 780.00 FD - THERMOSTAT 330.00 TERRYS HARDWARE, INC. BATTERIES 60.95 FACILITIES & FD SUPPLIES 2.56 FACILITIES & FD SUPPLIES 21.23 CLEANER 14.99 _ TOTAL: 9,363.51 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 23.62 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 4.90 _ TOTAL: 28.52 I.T. GENERAL CENTURY LINK PHONES 23.62 CENTURY LINK 612-E10-0514-020 911 88.68 ACTIVE NETWORK, LLC ACTIVENET ANNUAL SUB FEE 10,712.00 SERGEANT LABORATORIES INC. ARISTOTLE INSIGHT SUBSCRIP 6,891.64 FAXPRODUCTS.COM LLC BLACK ICE TIFF VIEWER 432.00 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 14.70 KONECTA LLC CELL AMPLIFICATION - PARKS 3,422.00 _ TOTAL: 21,584.64 POLICE GENERAL TACTICAL SOLUTIONS RADR CALIBRATION 518.00 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ ADVANCED GRAPHIX HELMET DECALS 18.00 ANCOM TECHNICAL CENTER, INC. SIREN REPAIR (100 17TH ST 295.00 GALLS LLC CLASS A COAT- SCHOWALTER 252.00 CENTURY LINK PHONES 180.71 GUARDIAN SUPPLY LLC SCHOWALTER - UNIFORM 454.95 WILSKE - UNIFORM 189.94 WILSKE - UNIFORM 124.98 GUARDIAN FLEET SAFETY, LLC RADIO IN H1901 462.83 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 171.47 HOLIDAY STATIONSTORES LLC CAR WASHES 4.00 CENTURY COLLEGE BLS CARD CROSS 6.00 GENERAL OFFICE PRODUCTS FRONT OFFICE CHAIR 1,262.25 GRAPHIC DESIGN BUSINESS CARDS 220.00 MN DEPT OF PUBLIC SAFETY TITLE 25.00 STREICHERS LASER FILM PROTECTION 816.00 _ TOTAL: 5,001.13 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 39.36 PHONES 7.87 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 19.60 JULY 2022 LIFE INS PREMIUM 4.90 _ TOTAL: 71.73 PUBLIC WORKS GENERAL CENTURY LINK PHONES 39.36 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 14.95 _ TOTAL: 54.31 PUBLIC WORKS STREETS GENERAL ROAD EQUIPMENT PARTS CENTER CAB AIR ELEMENTS 26.45 CENTURY LINK PHONES 135.64 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 19.11 BRAUN INTERTEC 2022 MILL & OVERLAY CONST. 5,897.50 DAKOTA COUNTY TREASURER JPA CR 46 CORRIDOR STUDY S 33,029.05 GRAPHIC DESIGN NO PARKING SIGNS 471.00 CITY OF ST PAUL ASPHALT 2,680.93 _ TOTAL: 42,259.68 PUBLIC WORKS STR. LIGH GENERAL CENTURY LINK LEVEE PARK BROADBAND 142.42 VAN METER INC SAFETY SWITCH, CONNECTORS, 712.51 CONDUIT 18.15 _ TOTAL: 873.08 PARKS & RECREATION GENERAL HOMETOWN ACE HARDWARE TUBE CUTTER, TREE NAILS 21.93 NIEBUR TRACTOR & EQUIPMENT, INC. BAR OIL AND SAW OIL 77.28 _ TOTAL: 99.21 NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 601 GALS OF DIESEL 2,991.46 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 209.32 JULY 2022 LIFE INS PREMIUM 2.20 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 6.10 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 619.71 _ TOTAL: 3,828.79 PARKS & RECREATION PARKS O'REILLY AUTOMOTIVE MIRROR FOR CUSHMAN 13.99 REINDERS INC. SOLENOID FOR IRRIGATION 137.11 IRRIGATION, HOSE SWIVEL/KE 57.54 PIONEER MANUFACTURING CO., INC. BASE PLUGS 279.00 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ CENTURY LINK PHONES 219.38 HOMETOWN ACE HARDWARE MISC SUPPLIES 46.47 CLEANER, BIRD SPIKES, LEVE 76.22 LEVEE 247.40 TROWEL 13.94 GLUE FOR SLIDE 7.43 GLUE FOR SLIDE 22.29 SOD SAMPLES 31.60 MULCH FOR SIGN BEDS 167.13 MULCH FOR SIGN BEDS 172.70 SCREWS FOR DOCK 27.88 FUNTIME FUNKTIONS, LLC PARTY IN THE PARK - BALOON 730.00 NAPA AUTO PARTS CARB & CHOKE CLEANER 11.98 GREASE AND CLEANER 174.76 GLOVES, WINDSHIELD WASHER 80.25 BELT FOR CUSHMAN WATER PUM 63.15 CUSHMAN BELT 11.93 GAS CAP 8.99 EXPERIENCE SHOWS, INC MAKE MUSIC - SOUND SUPPORT 700.00 ANNA RUDER VOLLEYBALL REF 100.00 TOTAL CONSTRUCTION & EQUIPMENT INC. LIFT FOR VETS LIGHTS 2,437.50 MADISEN ZEIEN VOLLEYBALL REF 150.00 MICHAEL A. PATRICK SOFTBALL UMP 224.00 MOEN PAINTING, INC. LEVEE PAINTING 595.00 THIERRY AUGE SOFTBALL UMP 252.00 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 53.90 RIVERVIEW PROMOTIONS KRUMMER - PARKS APPAREL 325.00 SEASONAL PARKS STAFF SHIRT 228.00 MIDWEST MACHINERY CO RAHN GROOMER SPRINGS 309.97 VAN METER INC LIGHTS FOR VETS 544.36 FISCHER, STEVE SOFTBALL UMP 168.00 GERLACH, ANNA VOLLEYBALL REF 375.00 DANIEL JAMES PETERS SOFTBALL UMP 420.00 PAUL OMAN FINE ART, LLC LIVE EVENT - 07/19/22 50% 2,500.00 GRAPHIC DESIGN PARK MAINT. BOARDS 88.00 MTI DISTRIBUTING COMPANY SCREEN FOR 5910 148.84 NIEBUR TRACTOR & EQUIPMENT, INC. KUBOTA MOWER FILTERS 118.22 SOLBERG AGGREGATE COMPANY AG LIME, CANNON PARK 24.36 TERRYS HARDWARE, INC. PREEN FOR LANDSCAPING 72.73 GRAFITTI REMOVAL 70.14 TIRE KIT 36.68 DRILL BIT 11.79 TOILET BRUSH 7.29 _ TOTAL: 12,561.92 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 156.75 MOEN PAINTING, INC. DIVING BOARD PAINTING 325.00 JENNA MCGUIRE POOL CONCESSION SUPPLIES 49.51 _ TOTAL: 531.26 NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 1.70 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 17.68 _ TOTAL: 19.38 CABLE CABLE TV STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 0.74 _ TOTAL: 0.74 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 8.40 _ TOTAL: 8.40 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 7.87 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 1.23 _ TOTAL: 9.10 NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 388.99 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 91.36 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 878.37 _ TOTAL: 1,358.72 FIRE FIRE & AMBULANCE CENTURY LINK PHONES 391.88 JOSEPH CYSIEWSKI CYSIEWSKI - BOOTS 102.00 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 18.13 MIDWEST MACHINERY CO REPAIR TO CHAIN SAW 176.09 JEFFERSON FIRE & SAFETY INC FSM HEMPATCH W/ VELCRO 75.00 MN FIRE SERVICE CERT.BRD HAZ ZONE MGMT CERT EXAMS 600.00 _ TOTAL: 1,363.10 AMBULANCE FIRE & AMBULANCE ALLINA HOSPITALS & CLINICS MEDICAL SUPPLIES 458.12 HENRY SCHEIN, INC. MEDICAL SUPPLIES 631.54 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 74.96 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 86.82 MISCELLANEOUS V EDITH TEFFT EDITH TEFFT : AMB REFUND 125.00 LINDE GAS & EQUIPMENT INC. OXYGEN 194.39 OXYGEN 161.06 OXYGEN 1,315.04 _ TOTAL: 3,046.93 NON-DEPARTMENTAL LEDUC HISTORIC EST DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 6.74 _ TOTAL: 6.74 LEDUC LEDUC HISTORIC EST STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 0.74 _ TOTAL: 0.74 PARKS & RECREATION PARKS CAPITAL PROJ ISG LAKE ISABEL REDEV D&E 4,817.50 _ TOTAL: 4,817.50 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 13.54 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 133.37 _ TOTAL: 146.91 ECONOMIC DEVELOPMENT HEDRA STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 8.58 _ TOTAL: 8.58 NON DEPARTMENTAL PW Cold Storage Bu BAUER SERVICES PW COLD STORGAE & WATER QU 70,155.60 EBERT INC. PAY EST #1 PW COLD STORAGE 62,748.92 PAY EST #2 PW COLD STORAGE 194,565.79 _ TOTAL: 327,470.31 PUBLIC WORKS 2022 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 22-1 COMPS STAKING, HYDRO 1,235.50 _ TOTAL: 1,235.50 NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 86.53 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 19.80 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ MISCELLANEOUS V BREWER, MARCIA 01-577000-05 103.14 MARTY, MARY 02-261000-01 23.79 BORMANN, BRANDON/HEA 10-395000-05 75.00 MASTEL SP TRUST, HAY 11-060000-02 100.00 OPENDOOR LABS INC 12-808000-04 21.56 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 192.31 _ TOTAL: 622.13 PUBLIC WORKS WATER HAWKINS INC CHLORINE, CYLINDERS 1,058.00 CENTURY LINK PHONES 127.76 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 26.66 _ TOTAL: 1,212.42 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 62.43 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 15.30 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 142.36 _ TOTAL: 220.09 PUBLIC WORKS WASTEWATER STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 18.77 MACQUEEN EQUIPMENT, INC. BALL VALVE 83.55 _ TOTAL: 102.32 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 83.77 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 8.86 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 160.97 _ TOTAL: 253.60 PUBLIC WORKS STORM WATER UTILIT STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 16.07 SOLBERG AGGREGATE COMPANY DUMP RECYCLE 71.68 _ TOTAL: 87.75 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 13.04 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 204.13 _ TOTAL: 217.17 PARKS & RECREATION ARENA CINTAS CORPORATION NO 2 RESTOCK MED CABINET 58.68 CENTURY LINK PHONES 70.50 USS MN V MT LLC HUBERS MAY 2022 10,870.66 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 9.80 USS MN VII MT LLC WILDCAT SOLR MAY 22 1,402.13 SHERWIN-WILLIAMS PAINT 153.82 _ TOTAL: 12,565.59 NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 7.68 VISION SERVICE PLAN INSURANCE CO. JUNE 2022 VISION PREMIUM 2.26 DELTA DENTAL OF MINNESOTA JULY 2022 DENTAL PREMIUM 19.00 _ TOTAL: 28.94 PUBLIC WORKS HYDRO ELECTRIC MSA PROFESSIONAL SERVICES, INC. 22-1 COMPS STAKING, HYDRO 72.50 STANDARD INSURANCE COMPANY JULY 2022 LIFE INS PREMIUM 2.45 USS MN VII MT LLC WILDCAT SOLR MAY 22 6,287.14 _ TOTAL: 6,362.09 VIII-01 06-30-2022 11:12 AM Council Report JULY 06TH PYMTS, 2022 PAGE: 6 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ =============== FUND TOTALS ================ 101 GENERAL 90,726.93 200 PARKS 16,390.71 201 AQUATIC CENTER 531.26 205 CABLE TV 20.12 210 HERITAGE PRESERVATION 17.50 213 FIRE & AMBULANCE 5,768.75 220 LEDUC HISTORIC ESTATE 7.48 401 PARKS CAPITAL PROJECTS 4,817.50 407 HEDRA 155.49 416 PW Cold Storage Building 327,470.31 482 2022 IMPROVEMENTS 1,235.50 600 WATER 1,834.55 601 WASTEWATER 322.41 603 STORM WATER UTILITY 341.35 615 ARENA 12,782.76 620 HYDRO ELECTRIC 6,391.03 -------------------------------------------- GRAND TOTAL: 468,813.65 -------------------------------------------- TOTAL PAGES: 6 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: July 5, 2022 Item: Appointment of Election Judges for the 2022 Primary Election Council Action Requested: Approve the attached resolution appointing persons listed on Exhibit A as Election Judge for the 2022 Primary Election. Background Information: Minnesota State Statute 204B.21 requires that the City Council approves the appointment of Election Judges for precincts in a municipality. All election judges meet the qualifications listed in Minnesota State Statute 204B.19. Financial Impact: The 2022 Election Budget includes payment of hours served by the Election Judges, $11.00 per hour for election judges and $12.50 per hour for co-head election judges. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution • Exhibit A VIII-02 CITY OF HASTINGS COUNTIES OF DAKOTA & WASHINGTON RESOLUTION NO. 07 - -22 A RESOLUTION OF ADOPTION OF ELECTION JUDGES FOR THE 2022 PRIMARY ELECTION WHEREAS, the City Council of the City of Hastings is required by Minnesota State Statute 204B.21, Section 2, to approve the appointment of election judges; and WHEREAS, the Minnesota Residents listed in Exhibit A have applied to serve as election judges and meet the requirements established in Minnesota State Statute 204B.19. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Hastings, Minnesota hereby appoints the persons listed in Exhibit A to serve as election judges for the Primary Election on August 9, 2022. BE IT FURTHER RESOLVED that the Deputy City Clerk is authorized to assign election judges to the precincts, in accordance with statutory requirements, and to make substitutions or additions as deemed necessary to fill vacancies. Adopted by the Hastings City Council this 5th day of July 2022. ATTEST: ______________________________ Mary D. Fasbender, Mayor _____________________________ Kelly Murtaugh, City Clerk VIII-02 Exhibit A Last Name First Name Gydesen Anna Jorenby Barb Housker Connie Gackle Cresston Kost Cynthia Tefft Edith Piskor Chelsea Flower Terrence Herman Elizabeth Afdahl Gary Caneff Jake Schultz Janet Cobb Jeff Pickert Jewel Featherstone Jo Anderson John Lindberg Katrin Trebil Laurie Nehring Mary Begich Matthew Blackstad Melissa DePalma Nicole Reinardy Nichole Grundman Peggy Dinks Richard Haugen- Humbert Rita Carroll Sandra Danberry Sharlene Johnson Spencer Gackle Sue Gesch Susan Howard Tanner Maher- Angerman Tara Tri Theodora Auge` Theresa Corbin Tom Last Name First Name Kleis Sibbald Trudi Kasel Kari Alongi Anthony Ficker Patricia Ficker Patrick Kovalenko Oksana Smith Richard Cherney Thomas Oberding Elizabeth Grossman Karin Leckschied Renee Clark Amy Warren Allen Doyle Michael Dahl Edwin Hamilton Barbara Marx Richard Pearson Richard Meyers Holly S Johnson William Freeman Marcie Jay Gerald Elizabeth Rickert Dennis J. Pierce Ruth F. Raco Kimberly Gomez Krista Harder Twila Popp Walter A Stokka Kathleen McGoon Jeanette Blasing Connie Brown Natasha Egan Lynette M. Berg Doreen Spotto Anna Taylor Phillip L. Schoeppner Peggy Shimzu Theresa Last Name First Name Timmins Nathaniel Bakke Linda Bakke Daniel Willard Peggy Shields John VIII-02 Penny Jerrie Shields Pittenger Caponigri David City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: July 5, 2022 Item: Authorize Signature: 1st Amendment to Development Agreement - Villas at Pleasant - 32 Villas Homes - Simek Property Group - Northridge and Pleasant Council Action Requested: Authorize Signature of the attached 1st Amendment to the Development Agreement for Villas at Pleasant, a 32 lot villa home subdivision developed by Simek Property Group northeast of Northridge and Pleasant Drives. Action requires a simple majority of City Council. Background Information: The City Council granted Final Plat and Development Agreement approval on April 5, 2021. The agreement established a June 30, 2022 deadline for installation of pavement wear course and completion of public and private improvements. The amendment extends the deadline to October 15, 2022. No other significant changes are included in the amendment. Financial Impact: The addition of 32 home sites will add to the tax base and create needed housing opportunities. Advisory Commission Discussion: N\A Attachments: • 1st Amendment to Development Agreement VIII-03 FIRST AMENDMENT TO DEVELOPMENT AGREEMENT THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (this “First Amendment”) is entered into as of , 2022 (the “Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Villas at Pleasant, LLC, a Minnesota limited liability company (“Developer”). RECITALS Recital No. 1. The City and Developer entered into that certain Development Agreement of Villas at Pleasant, Dakota County, Minnesota dated April 12, 2021 and recorded as Document No. 3528860 on March 10, 2022 in the Office of the County Recorded, Dakota County, Minnesota (“Development Agreement”) for the Subject Property identified in the Development Agreement. Recital No. 2. Developer has requested the Development Agreement be amended to extend the dates of the installation of wear course and installation of public and private utilities. Recital No. 3. The City does not object to the extensions. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this First Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. Section 6(B) of the Development Agreement shall be removed and replaced in its entirety as follows: B. Surfacing. Following Public Works Department approval of street grading and utility installation, streets shall be surfaced and provided with concrete curbs and gutters in accordance with the latest recommended plans and specifications prepared by the Public Works Department and on file at the City. The Developer shall install the bituminous wear course of streets after the first course (base course) has weathered a winter season, consistent with warranty requirements, but no later than October 15, 2022. Final acceptance of the required improvements by the City VIII-03 2 will not be granted until all work, including final wear course, is completed. A bituminous ramping wedge to protect the concrete lip from snow plow damage shall be installed with the bituminous base course. Prior to paving the bituminous wear course, the ramping wedge must be milled off. The City will thoroughly inspect all curb and gutter for damage prior to the installation of the bituminous wear course and may require repairs and/or replacement by Developer depending on the severity of damage. 2. Section 17 of the Development Agreement shall be removed and replaced in its entirety as follows: 17. Time of Performance. Except for those improvements that may be deferred as provided herein, Developer shall install all required public improvements and private utility and storm water improvements by October 15, 2022 subject to extension(s) due to weather and seasonal conditions. Developer may request an extension of this deadline in writing from the City for other reasons, which extension shall be granted in the City’s reasonable discretion. If granted, the performance deadline extension shall be conditioned upon (a) updating the security posted by Developer to reflect any cost increases and (b) unless waived in writing by both the Developer and the City, amending this Agreement to reflect the extended performance completion date. Any such extension may also be conditioned upon certain technical accommodations that may be required by the City to allow serviceability of the development infrastructure beyond a single construction season should any public infrastructure facilities not be fully completed before winter conditions ensue. 3. Except as provided for above, the terms and provisions of the Development Agreement shall remain in full force and effect. 4. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Developer or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. 6. This First Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. VIII-03 3 7. This First Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [remainder of page intentionally blank] VIII-03 4 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By:____________________________ Mary Fasbender, Mayor By: ____________________________ Kelly Murtaugh, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this ___ day of ______________________, 2022, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. ____________________________ Notary Public VIII-03 5 DEVELOPER: VILLAS AT PLEASANT, LLC By:_____________________________ Stuart R. Simek, President STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________day of ______________________, 2022, by Stuart R. Simek, the President of Villas at Pleasant, LLC, a Minnesota limited liability company, on behalf of said limited liability company. ____________________________ Notary Public THIS INSTRUMENT WAS DRAFTED BY AND AFTER RECORDING RETURN TO: Korine L. Land (#262432) LeVander, Gillen & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 651-451-1831 VIII-03 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 VIII-04 & VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: July 5, 2022 Item: Accept Proposal and Authorize Quote from Bigbelly for Purchasing Downtown Garbage Units Council Action Requested: The Council is requested to authorize purchase of 14 double units (solid waste bin and recycling bin) from Bigbelly to increase capacity over three times that of the current garbage bins in the downtown area primarily along 2nd Street. Background Information: The City of Hastings received rebate funds from Dakota County to be used in 2022 for qualifying projects/expenses. In addition to a shared recycling coordinator position and a trash/recycling study for the City, the Utilities Committee further prioritized purchasing higher capacity trash units in the downtown area. The City received two quotes for trash units downtown (from Bigbelly and Ecube Labs). Bigbelly provided the lower quote and was able to deliver the units within 16 weeks of a signed purchase order. This would allow use of the waste abatement grant from Dakota County required to be spent in 2022. The downtown area has expressed concerns of full trash bins and the need for more frequent removal. In lieu of adding more resources, the Bigbelly units offer an increase in storage for both the recycling and solid waste bins from 16 gallons each to 50 gallons each. These units also come with sensors to provide smart technology back to management to indicate trash levels to better plan visits. The units can be vinyl wrapped to display the City logo and include message paneling to promote events or other City interests that the season brings. Financial Impact: The waste abatement grant was approximately $130,000. The City has already committed $9,000 of the funds to a shared recycling coordinator position. The Utilities Committee of the Council further directed that study be done on waste/recycling data here in Hastings, which we have budgeted up to $50,000 to conduct. The Utilities Committee also recommended the use of the grant for this purchase to address trash downtown as a priority. This leaves approximately $71,000 to use toward purchasing the 14 Bigbelly double units to replace all trash units owned by the City in the downtown area along 2nd Street. The quote of $64,430 from Bigbelly includes the 14 double units that come with a foot pedal for ADA compliance, a hopper to keep the trash enclosed, a five year warranty, and five year software that includes smart technology that provides trash levels for resource planning. We would like to add vinyl wrapping the City logo for each unit (28) at a total cost of $4,000 and message paneling for each unit (28) at a cost of $4,000. This brings the total cost to $72,430, which is the amount requested by staff to be used of the waste abatement grant for this purchase. Attachments: • Bigbelly System Quotation dated June 7, 2022 • Bigbelly Options Brochure VIII-06 June 7, 2022 Quote Number: Q40446-1 SB / SB v2022May23 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 Prices valid for 60 days from above date. BIGBELLY SYSTEM QUOTATION Prepared By: Bill To: Ship To: Stu Badertscher Bigbelly Solar City of Hastings City of Hastings 150 A St, Ste 103 101 4th Street East Needham, MA 02494 Hastings, MN 55033 , sbadertscher@bigbelly.com This order includes the following items: QTY ITEM EXTENDED PRICE 14 SC5.5/SC5.5 Double Station with SC Foot Pedal, SC Hopper, Five Year Warranty, and Five Year CLEAN Software $59,850.00 Station pricing includes 5% volume discount based on quantity 28 components. Shipping & Handling (one time): $4,580.00 Purchase Option Total System Cost*: $64,430.00 USD * Total does not include applicable sales or use taxes. Sincerely, Stu Badertscher Bigbelly Solar, LLC Wire Transfer Info: Middlesex Savings Bank. ▪ Acct Name: Big Belly Solar LLC ▪ Account # 166849558 ▪ Routing # 2113712270 ▪ Int’l Swift # MDSXUS3N All Purchase Orders must reference the above Quote Number (upper right). This Quotation is subject to the attached Terms and Conditions of Sale, which are attached hereto and incorporated herein, an d expressly acknowledged and accepted by Customer as signified by the duly authorized signature below. ACCEPTED AND AGREED BY: CUSTOMER By: ____________________________________________ Print Name: _____________________________________ Title: ___________________________________________ Date: ___________________________________________ VIII-06 June 7, 2022 Quote Number: Q40446-1 SB / SB v2022May23 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 TERMS AND CONDITIONS OF SALE Version 9.24.2018 The following Terms and Conditions of Sale (“Agreement”) are applicable to any order placed by Customer pursuant to a valid Bigbelly Quotation (“Quotation”) that is accepted by Bigbelly (“Order”). Acceptance by Customer of this Agreement, which shall be signified by Customer’s duly authorized signature on the face hereof, shall be required for Bigbelly’s acceptance of an Order. 1. SCOPE OF AGREEMENT. Bigbelly, upon acceptance of an Order placed by Customer, will supply the products to be delivered (“Products”) and services to be performed (“Services”) as specified in the Quotation to Customer, pursuant to this Agreement and its attachments. Bigbelly’s acceptance of an Order is expressly limited to the terms and conditions of this Agreement notwithstanding any contrary provision contained in Customer’s purchase orders, acknowledgements or other documents. The details of the Products and Services (e.g. quantity, price, and product specifications) shall be set forth in the relevant Quotation. 2. ON-SITE SERVICES. In the event any on-site services (such as installation, warranty repairs) are required as part of the Products and Services, the additional terms set forth in Attachment A attached hereto shall also apply. 3. PRICE AND PAYMENT. (a) The prices payable by Customer for the Products and Services by Bigbelly under this Agreement will be specified in the applicable Quotation. Unless otherwise expressly stated in a Quotation, all prices exclude shipping and applicable taxes, all of which are at Customer’s expense. (b) Fees shall become payable upon Bigbelly’s acceptance of an Order, unless otherwise determined by Bigbelly and agreed to in writing. All late payments made outside of the agreed upon payment terms will be subject to interest at the rate of the lesser of (i) eighteen percent (18%) per annum or (ii) the highest amount allowed under applicable law. Where upfront payment is required, Bigbelly further reserves the right to withhold shipment of the Products and delay performance of the Services until full payment is made. Any failure by B igbelly to provide an invoice in a timely manner shall not affect Customer’s obligation to make payments. (c) Upon reasonable request by Bigbelly, Customer shall provide evidence of its financial capacity and such other information as Bigbelly reasonably requests to determine credit status or credits limits. (d) Customer shall provide notice within five (5) business days of the occurrence of any event which materially affects Customer’s ability to perform its obligations under this Agreement. 4. SHIPPING AND DELIVERY. Unless otherwise specified and agreed in an Order, Products and Services will be delivered FOB Origin (Bigbelly’s manufacturing facility) and will be shipped to Customer at the address provided via carriers selected by Bigbelly at the Customer’s expense. The Parties shall mutually agree on any applicable delivery requirements for all Products and Services specified on an applicable Quotation before such Order will be processed. If no delivery requirements are otherwise specified and agreed, Bigbelly shall process any Order upon receipt of the signed Agreement and Customer’s fulfillment of any other order processing requirements set forth by Bigbelly in its sole discreti on. 5. INSPECTION AND ACCEPTANCE. Customer shall promptly inspect the Products and Services upon delivery or completion. In the event Products or Services are received damaged, defective or not to specification, Customer shall provide Bigbelly with prompt notice of the alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non-conformance. 6. SOFTWARE LICENSE. Customer’s use of the software provided as a Product and Service (“Software”) is subject to the CLEAN Soft ware License Agreement that accompanies delivery of the Software. All applicable terms, provisions and agreements set forth in the CLEAN Software License Agreement are hereby incorporated herein by reference with the same force and effect as though fully set forth herein. To the extent that the terms set forth in this Agreement are inconsistent with the terms of the CLEAN Software License Agreement, the terms set forth herein shall apply. 7. WARRANTY. Bigbelly warrants the Products and Services provided pursuant to a Quotation and this Agreement against manufacturer defects or defects in workmanship, under normal use and service, subject to the exclusions, limitations and conditions set forth in the Bigbelly Limited Warranty, set forth in Attachment B and incorporated herein by reference. 8. BREACH. In addition to all other rights to which a party is entitled under this Agreement, if either party breaches any term of the Quotation or this Agreement, the non- breaching party shall have the right to: (a) terminate the Quotation immediately upon written notice to the other party; and (b) seek to obtain injunctive relief to prevent such breach or to otherwise enforce the terms of this Agreement. Failure to properly demand compliance or performance of any term of the Quotat ion or this Agreement shall not constitute a waiver of Bigbelly’s rights hereunder and prior to any claim for damages being made for non-conformance or breach, Customer shall provide Bigbelly with prompt notice of any alleged deficiencies in the Products or performance of Services under the Quotation or this Agreement and Bigbelly shall have a reasonable opportunity to cure any such alleged non- conformance or breach. 9. LIMITATIAON OF LIABILITY. IN NO EVENT SHALL BIGBELLY BE LIABLE HEREUNDER FOR INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY FOR SUCH DAMAGES. BIGBELLY’S MAXIMUM AGGREGATE LIABILITY FOR DAMAGES UNDER THI S AGREEMENT AND ANY QUOTATION SHALL BE LIMITED TO THE TOTAL FEES PAID BY CUSTOMER UNDER THE QUOTATION UPON WHICH A CLAIM IS BASED. 10. INDEMNIFICATION. Each party, as Indemnitor, shall indemnify, defend and hold harmless the other party, as Indemnitee, its officers, directors, employees, agents, subsidiaries, and other affiliates from and against any and all claims, damages, liabilities, and expenses (including attorney fees) arising from any third-party claim based on Indemnitor’s (or its agent’s) breach of any representation, warranty, covenant, agreement, or obligation under the Quotation or this Agreement, or Indemnitor’s (or its agent’s) grossly negligent and/or willful acts or omissions in carrying out its obligations under the Quotation or the Agreement; provided tha t in no event shall Bigbelly be responsible for any claims arising out of its compliance with instructions, requirements, or specifications provided by or required by Customer (including the use of information, artwork, logos, and/or trademarks provided by Customer). Neither party will be responsible for indemnifying another party hereto where the basis of the indemnity claim arises out of such other party’s own negligence or willful misconduct. 11. CUSTOMER MATERIALS AND DATA. (a) Customer represents and warrants that any matter it furnishes for the Products or performance of the Services by Bigbelly does not infringe any copyright or trademark or other intellectual property rights of any third party nor does it otherwise violate an y laws or infringe the rights of any third party. (b) Customer warrants that it has the right to use, and to have Bigbelly use on behalf of Customer, any data provided to Bigbelly by Customer, including specifically customer names, identifying information, addresses and other contact information and related personal information. 12. INTELLECTUAL PROPERTY. Any and all inventions, discoveries, patents, copyrights, trademarks and trade names, commercial symbols, trade secrets, know -how, work product and information or other intellectual property embodying proprietary data existing and owned by Bigbelly as of the da te of the Quotation, or made or conceived by employees, consultants, representatives or agents of Bigbelly during the term of this Agreement, shall be and remain at all times the sole and exclusive property of Bigbelly. Customer will obtain no rights thereto other than the limited rights set forth in this Agreement. Without limiting the generality of the foregoing, the parties agree that Bigbelly will own all Software, including all modifications, upgrades and enhancements thereto made during the term of this Agreement. 13. FORCE MAJEURE. Any delay or failure of either party to perform its obligations (other than Customer’s payment obligation) sha ll be excused if such failure is caused by an extraordinary event or occurrence beyond the control of the nonperforming party, such as acts of God, fires, floods, windstorms, explosions, natural disasters, wars and sabotage. Each party shall promptly notify the other of the reason for the delay and use its best efforts in curing such cause and shall take all action practicable to minimize the adverse impact of the delay on the other party. 14. GOVERNING LAW. Each Quotation and this Agreement shall be governed and construed and enforced in accordance with the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles. The Parties further agree (i) that any dispute, controversy or claim arising out of or related to this Agreement shall be brought and settled in the state or federal courts located in Boston, Massachusetts; (ii) to irrevocably s ubmit to the exclusive jurisdiction of any such court; and (iii) to waive any right to a jury trial in any litigation arising out of or related to this Agreement. 15. COMPLIANCE. Each party shall comply with all state, federal and local laws and regulations applicable to its performance hereunder. 16. ASSIGNMENT. Customer may not assign its rights or obligations under this Agreement without the prior written consent of Bigbelly. Pursuant to a valid assignment, the terms and conditions of this Agreement shall inure to the benefit of and be binding upon the respective successors and assigns of the Parties. 17. AMENDMENT AND WAIVER. This Agreement shall not be amended or modified in any way except by a subsequent written agreement signed by authorized persons of both Parties. Any amendment or waiver effected in accordance with this section shall be binding upon the Parties and their respective successors and assigns. The waiver by a Party of any breach by the other Party will not operate or be interpreted as a waiver of any other or subsequent breach, nor shall the failure or delay in exercising any right or seeking any remedy hereunder operate as a waiver thereof. 18. SEVERABILITY. If any provision of this Agreement is determined by any court of competent jurisdiction to be invalid or unenforceable, in whole or in part, such provision shall be interpreted to the maximum extent to which it is valid and enforceable, and the remaining provisions of this Agreeme nt shall continue in full force and effect and not be affected thereby. 19. SURVIVAL. In the event any provision of the Quotation or this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of the Order or this Agreement will remain in full force and effect. All sections herein relating to payment, ownership, confidentiality, indemnification and duties of defense, representations and warranties, waiver, waiver of jury trial and provisions which by their terms extend beyond the Term shall survive the termination of the Order and this Agreement. VIII-06 June 7, 2022 Quote Number: Q40446-1 SB / SB v2022May23 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 20. NOTICE. Any notice required to be delivered pursuant to this Agreement shall be deemed given when personally delivered to recipient thereof or mailed by registered mail or certified mail, return receipt requested, to the addresses on the Quotation or to such address as either party may designate in the future. 21. ENTIRE AGREEMENT. Each Quotation, together with this Agreement including the Attachments, constitute the entire agreement between the Parties regarding the subject matter hereof and merges and supersede all prior agreements, oral and written, understandings, commitments and writings. Any Order, purchase order or other ordering or acceptance document issued by Customer is for administrative purposes only and does not form part of this Agreement or amend the terms hereof. In the event of any ambiguity or conflict between any of the terms and conditions contained in this Agreement and the terms and conditions contained in an Order, the terms and conditions of this Agreement shall control. The Quotation or this Agreement may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. 22. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original and together shall constitute one instrument. ATTACHMENT A ADDITIONAL TERMS FOR ON-SITE SERVICES In the event Bigbelly or its authorized service provides must come on-site to Customer’s property in order to perform certain services as part of the Products or Services, the Parties agree that the following terms and conditions shall also apply, as applicable. For purposes of this Attachment A, the ‘Agreement’ shall mean the Terms and Conditions of Sale executed between the Parties to which this Attachment A is affixed. The meaning of capitalized and undefined terms appearing herein shall be as set forth in the Agreement unless otherwise indicated. In the event of a conflict between this Attachment A and the Agreement, the terms and conditions of this Attachment A shall prevail solely with respect to the subject matter herein. The terms and conditions of this Attachment A are hereby incorporated into the Agreement by reference. 1. INFORMATION AND ACCESS. Customer agrees that Bigbelly’s ability perform the Services under the Agreement in a timely manner is dependent upon access to Customer’s installation information and locations. Deadlines imposed by the Agreement shall be extended in the event that Customer fails to provide such information and/or access to Bigbelly in a timely manner. 2. SITE PREPARATION. Customer agrees to provide a poured concrete pad if the intended installation surface does not meet Bigbell y’s specifications. If Customer’s installation surface does not meet such specifications, any additional cost associated with Bigbelly’s efforts to properly prepare the surface will be at Customer’s expense. It is the Customer’s responsibility to remove, at Customer’s expense, existing bins or any other items from the locations where Bigbelly stations will be installed. 3. INSTALLATION. Bigbelly will install the equipment at mutually agreed upon locations, including semi-permanent attachment to the ground. Installation will be in accordance with the delivery and installation schedule agreed to by the Parties prior to commencement of the Services. 4. INSURANCE. Bigbelly shall maintain, during its performance of the Services provided hereunder, liability insurance against c laims for injuries to persons or damages to property which may arise from or in connection with the performance of the Services hereunder by Bigbelly. Bigbelly shall furnish copies of such insurance policies upon request. ATTACHMENT B BIGBELLY LIMITED WARRANTY Limited Warranty Big Belly Solar, LLC. (“Bigbelly”) provides this limited warranty (“Warranty”) to original purchasers (and transferees, as provided below) of new and certified used Bigbelly high capacity and/or standard capacity stations (“Stations”), separately purchased and Bigbelly-authorized component parts (“Parts”), products sold by Bigbelly for use with a Bigbelly Station (Accessories), and any repair performed by Bigbelly on a Station, Part or Accessory pursuant to this Warranty (“Service Repai r”) purchased in and situated in the United States. The term, “original purchaser”, as used herein, means the first retail purchaser who acquires the new and certified used station(s), Part or Accessory from Bigbelly or an authorized service provider. The term, “purchaser”, as used herein, refers to the original purchaser and to any person who acquires t he station(s), Parts, Accessories, and Service Repair during the period of Warranty coverage and so notifies Bigbelly in writing of the purchase within ten (10) days of acquiring the station(s). Subject to the exclusions, limitations and conditions stated herein, Bigbelly warrants a new or certified used Station, battery and Parts against defects in materials and workmanship for a period of one (1) year from date of shipment from Bigbelly to the original purchaser. Subject to the exclusions, limitations and conditions stated herein, Bigbelly warrants Accessories and all other components of a new or certified used Station against defects in materials and workmanship as follows: (i) Non-consumable Accessories currently sold by Bigbelly – one (1) year from date of shipment from Bigbelly to the original purchaser and (ii) Consumable Accessories currently sold by Bigbelly – thirty (30) days from receipt. Subject to the exclusions, limitations and conditions stated herein, Bigbelly warrants all Service Repair against defects in materials and workmanship for a period of one (1) year from date of such performance of Services by Bigbelly. Bigbelly offers no guarantee or warranty of any type on factory or field applied wraps. Bigbelly shall solely determine whether the cause of any failure is a Part or a Service Repair. During the applicable Warranty period, Bigbelly shall, within a reasonable period of time, repair or replace, at its election , the defective component of the Station with new or reconditioned Parts of the same or similar style and with upgraded software, if appropriate, subject to the exclusions, limitations , and conditions stated herein. Any component replaced during the applicable Warranty period will qualify for repair and replacement for the balance of the original applicable Warranty. Bigbelly may elect to simultaneously replace non- defective parts that are part of a sub-assembly that contains the defective component. Any replaced components, Parts or Accessories (defective parts and parts that are part of such a sub-assembly) will become the property of Bigbelly. This Warranty does not cover damage to a Bigbelly Station, Part or Accessory caused by any of the following: all external cau ses such as (without limitation) dropping, accident, vandalism, collision, fire, immersion in water; or otherwise using the Station, Part or Accessory contrary to the instruction s and warnings contained in the user materials issued by Bigbelly (the “User Materials”); altering or modifying the Station, Part or Accessory; deterioration of paint, trim, and appearance items that results from use and/or exposure to the elements; cleaning with a high-pressure water system, abrasives, or solvents; exposure to environmental conditions beyond the limits stated in the User Materials; failure to properly maintain or improperly servicing the Station, Part or Accessory; damage caused by use of non-Bigbelly parts or accessories; improper charging of the Bigbelly battery; or shipping with methods other than those recommended by Bigbelly. See the User Materials for proper use, maintenance, and charging of a Station, Part or Accessory. To obtain repair under this Warranty, the purchaser must contact Bigbelly or an authorized service provider within the applic able Warranty period. If you are unable to contact your local authorized service provider, you may contact Bigbelly toll free at (888-820-0300). When contacting the authorized service provider or Bigbelly, be prepared to describe the problem, provide pictures where applicable as well as provide proof of purchase, and serial number of the Bigbelly Station. If the purchaser is unable to resolve the problem with the assistance of the authorized service provider, and if this Warranty applies, the authorized service provider will contact the Bigbelly Service Center to determine the procedure to be followed to repair the Station, Part or Accessory, which may include replacement, at Bigbelly’s election. Bigbelly may provide purchaser with a Return Materials Authorization number (“RMA#”). Purchaser shall then deliver the defective Station, Part or Accessory to Bigbelly or an authorized service provider, (as instructed by Bigbelly), properly packaged (so as to prevent damage during shipment) and wit h the RMA# written on the outside of the packaging. If the VIII-06 June 7, 2022 Quote Number: Q40446-1 SB / SB v2022May23 150 A St., Suite 103 ▪ Needham, MA 02494 www.bigbelly.com T: 888-820-0300 ▪ F: 781-444-5651 returned Station, Part or Accessory is defective and this Warranty applies, Bigbelly (or an authorized service provider) shall, within a reasonable period of time, repair the Station, or repair or replace the defective Part or Accessory. Purchaser shall then pick up the repaired Station, or repaired or new or reconditioned Part or Accessory, from Bigbelly or authorized service provider. Purchaser shall pay the cost of shipping to Bigbelly or authorized service provider or oth er service provider and purchaser shall bear the risk of loss during shipping for any Bigbelly defective Part or Accessory for which purchaser claims this Warranty applies. If this Warranty applies, Bigbelly shall be responsible for paying the cost of shipping to the authorized service provider or purchaser when returning the station, replacement part, or Accessory. Bigbelly obligations and liability for any defects in any station, component part, or Accessory are limited to repair or replacement of defective parts as required by this Limited Warranty. Bigbelly neither assumes (nor authorizes anyone to assume for it) any other obligation or liability in connection with a station, component part, Accessory, Service Repair, or this Limited Warranty. Bigbelly is not responsible for any loss of use of a Station, Part or Accessory or for any inconvenience or other loss or damage which might be caused from any defect in a Station, Part, Accessory or Service Repair or for any other incidental or consequential damages the purchaser may have as a result of any defect in a Station, Part, Accessory or Service Repair. Without limiting any other exclusion herein, Bigbelly does not warrant that the product covered hereby, including, without limitation, the technology and/or integrated circuit(s) and circuit board(s) included in the product, will not become obsolete or that such items are or will remain compatible with any other product or technology with which the product may be used. This includes, but is not limited to, obsolescence resulting from changes to wireless telecom networks or any other technology. Optional Extended Warranty Coverage Extended warranty coverage (“Extended Warranty”) on Bigbelly products can be purchased in various increments directly from Bigbelly at the time of the original order. Not all Bigbelly products are eligible for Extended Warranty coverage. Extended Warranty coverage provides the original purchaser an extension of the same level of coverage as the original product Warranty for an additional period, with the exception of coverage for batteries. If you have purchased the Extended Warranty, and it is determined by Bigbelly’s Customer Support that your original product requires replacement or repair, the remaining balance of time under the Extended Warranty will also cover the replacement product(s), provided the replacement part is provided by Bigbelly. The Warranty period for the replacement part or repair, including any Extended Warranty period thereof, is calculated from the date of your original product purchase. THIS WARRANTY AND EXTENDED WARRANTY ARE THE ONLY WARRANTIES APPLICABLE TO BIGBELLY STATIONS, PARTS, ACCESSORIES AND SERVICE REPAIR. BIGBELLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW. ANY SUCH IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF THIS WARRANTY OR EXTENDED WARRANTY, OR TO THE APPLICABLE TIME PERIOD PROVIDED BY THE APPLICABLE STATE LAW, WHICHEVER PERIOD IS SHORTER. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO SOME PURCHASERS. SOME STATES DO NOT ALLOW THE EXCLUSION OR L IMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME PURCHASERS. Shipping Terms Products ship ex works or FOB origin. Please protect your investment against shipping damages and assuming liability by inspecting products upon delivery before signing for them with the shipping company. VIII-06 Hardware Configuration Options & Accessories SMART SOLUTIONS FOR CITIES 1802 VIII-06 Bigbelly’s Suite of Smart, Connected Waste & Recycling Stations Bigbelly is the world leader of smart waste & recycling solutions for public spaces. Communities deploy smart, solar-powered, sensor-equipped waste & recycling stations that communicate their real-time status to streamline waste management operations. Each Bigbelly deployment is comprised of a customized fleet of smart waste & recycling stations. An assessment of the unique challenges and needs of each public space determines the best suited combination of capacity, waste stream, and accessories/options. Stations can be configured as standalone single stations or as multi-stream double or triple stations to accommodate each community’s waste stream collections. The full suite of smart stations are field-proven to be durable and street-tough across all environmental conditions. 1802 On-board GPS provides accurate and up-to-date geolocation for the most precise location- based data. Stations are self-powered (compactors are solar-powered) & do not require connection to an electrical grid. Sensors located inside each station continuously measure the fullness status, door opens, and collection activity. Two capacities (high & standard) are available to match the varying waste volume needs in every location. Each smart station analyzes and monitors its status to make decisions about communications, fullness & alerts. Smart stations communicate their real-time status and activity to the cloud management system via cellular connection. High Capacity Stations (HC5) Smart, Solar-Powered Compacting Model • Senses & Communicates Fullness Level • Capacity: 150 Gallons (~570 liters) • Built-in Compactor (5:1 Compaction Ratio) • Enclosed Design with Hopper Standard Capacity Stations (SC5.5) Smart, Self-Powered Non-Compacting Model • Senses & Communicates Fullness Level • Capacity: 50 Gallons (~190 liters) • Enclosed Design with Optional Hopper Multi-Stream Configurations Stations are modular and support any combination of waste streams at each location. Waste Streams Available: Trash, Recycling - Single Stream, Bottles & Cans, Paper, and Compost/Organics. Options & Accessories • Foot Pedal for Hands-Free Use • Wheeled Interior Lift Bin • Graphic Wraps, Message Panels and Stickers • Ashtray and Stub-Out Plates • Security System with Physical Plates • External A/C Adapter for Indoor Use VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Waste Disposal Options: Hoppers & Faceplates 1802 Your Bigbelly system is fully customized to meet the needs and goals of your public space based on enclosure preferences and waste steam (landfill, single vs. multi-stream recycling, compost or organics). For High Capacity (HC5) compacting units, select a waste stream for the enclosed hopper assembly. HCs are always enclosed with a hopper to ensure a physcial barrier between the public and the compaction mechanism. In addition to putting safety first, the HC Hopper provides an always enclosed unit to keep waste in and pests out. For Standard Capacity (SC5.5) non-compacting units, first select either an open interface with a faceplate (which includes appropriate deposit holes) or an enclosed hopper assembly, then select a waste stream. With the SC Hopper upgrade option, SC units become a completely contained system with a similar aesthetic to HC units’ always enclosed design. The SC Hopper keeps waste in and pests out to ensure public space beautification. Enclosed Hopper Standard for HC5 Upgrade option for SC5.5 Landfill Waste Recycling Compost Single Stream Recycling Paper Recycling Bottle & Cans Recycling Landfill Waste Open Faceplate Standard for SC5.5 Example of SC-SC Double Station with SC Hopper for Recycling and SC Hopper for Trash Example of HC-SC-HC Triple Station with HC Hopper for Cans & Bottles Recycling, SC Faceplate for Paper Recycling and HC Hopper for Trash VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Foot Pedal Option for HC and SC 1802 For hands-free waste disposal, Bigbelly offers a foot pedal for current generation High Capacity (HC5) and Standard Capacity (SC5.5) stations. Add the amenity and functionality of a foot pedal to enclosed, hopper-equipped stations in your public spaces. Stations with foot pedal upgrade feature the durability and quality of standard compacting and non-compacting stations plus the convenience of hands-free operation, all while keeping waste contained and pests at bay. The step-on foot pedal feature allows for hands-free operation of any HC5 station, and any SC5.5 station that is upgraded to an enclosed hopper interface . The foot pedal is crafted and constructed with strong and durable aluminum and stainless steel, engineered for a smooth and effortless step-on operation. The foot pedal front door has been designed and tested to last over 10 years of tough operation. Bigbelly’s rigorous lifecycle and durability testing coupled with controlled field introductions prove functional and environmental endurance. Safety is a priority with our foot pedal designed to initiate a slow “dampened” opening of the hopper as to not injure a small child or a person in a wheelchair Foot pedal operated HC5 and SC5.5 units are self-closing and maintain Bigbelly’s proven enclosed design for waste and odor control. Available factory-installed for any HC5 Components, and SC5.5 Components that are ordered with the SC Hopper. VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Custom Station Wraps Rear / street-facing (Optional rear door details on next page) 1120mm44.1” 579mm22.8” 1120mm44.1” 579mm22.8” Side of Bigbelly 5 or Smartbelly 5 1059mm41.7” 576mm22.7” 109mm4.3” 140mm5.5” 572mm22.5” 682mm26.8” Front / side-walk facing 1115mm43.9” 803mm31.6” 572mm22.5” Station Wrap Dimensions Leverage your Bigbelly stations’ hardware as an eye-catching messaging platform. Drive attention to your desired branding impressions and reach your target audience in a concentrated and visible way. Any configuration of High Capacity and Standard Capacity model stations can be wrapped on all sides. Customizable station wraps are available for any combination of station types. Promote your brand, public service announcements, sponsorships, advertising, and more. The wraps are full-color durable vinyl material and handle any type of weather while resisting fading. Bigbelly’s design consultants are available to help you with your design or you can provide your own. Anti-graffiti wrap options also available for commonly vandalized areas. Factory installed prior to deployment. Refer to Wrap Spec Sheet for full dimensions & additional information. Front / Sidewalk Facing Rear / Street FacingSide of Station 1802 VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Message Panels & Stickers 1802 [Front / side-walk facing] Stickers / Decals [Rear / street-facing] University Medical Campus Map Rear Message Panel [Side of Bigbelly 5 or Smartbelly 5] Message Panel Message panels are perfect if you plan to change out your messaging/advertising regularly for events, seasonal campaigns, or rotating public service announcements. Message panels are frames to protect and display posters or ads on the sides of stations. Frame access is secured with tamper-resistant screws which are easy to use to change out graphics Powder coated aluminum frame with clear polycarbonate face is durable and weather resistant. Factory installed panel; advertisement interchangeable in the field. Stickers provide you with a smaller, customizable graphic intended to be permanent. Bigbelly’s design consultants are available to help you with your design or you can provide your own. Oftentimes a logo is a powerful and lasting design that pairs well with rotating message panels. Factory installed prior to deployment. Please refer to Messaging Options Spec Sheet for full options, dimensions and additional information. Front / Sidewalk Facing Rear / Street FacingSide of Station VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Standardized Recycling Labels Brought to Bigbelly Customers by Recycle Across America Standardized Labels in Partnership with Recycle Across America Bigbelly’s world leading smart waste and recycling solution notifies collection crews when bins are ready for pick-up, then measure and report on recycling diversion. This smart, sustainable solution provides uniform recycling program and offers distinctive, standardized recycling education at the point of disposal… a win-win! Bigbelly has partnered with Recycle Across America (www.recycleacrossamerica.org), the 501(c)(3) nonprofit organization on a mission to implement a standardized label solution to make it easy for society to recycling right. Let’s recycle right! Our partnership delivers RAA’s standardized labels custom-sized for Bigbelly’s smart waste & recycling stations - compatible with both High Capacity (HC) and Standard Capacity (SC) models. Standardized labels further enhance the impact of Bigbelly’s uniform system that measures and reports on recycling diversion while reducing communities’ overall environmental footprint. Help make your recycling programs thrive with Recycle Across America’s standardized labels on your new Bigbelly stations. Recycle Across America offers labels for every sorting need that come in two sizes: 11x17-inch (for placement on the station front doors) as well as Message Panel Inserts with their celebrity Let’s recycle right! PSAs (18x30-inch). Explore and order standardized labels custom-sized for Bigbelly units: www.recycleacrossamerica.org/bigbelly-bins Recycle Across America has created the world’s first and only society-wide standardized labels for bins to make it easy for people to recycle right wherever they are, and therefore help recycling and closed-loop manufacturing begin to thrive. The standardized labels are proven to increase recycling levels 50-100% and dramatically decrease the amount of contamination (aka garbage) thrown in recycling bins; therefore, improving the financial viability of recycling. VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Ashtray & Stub-Out Plates 1802 Bigbelly offers ashtrays and stub-out plates to encourage proper disposal of cigarettes in your outdoor public spaces. Option 1: Ashtray with Stub-Out Plates The ashtray is accessible by the user on the front door beneath the hopper. The ashtray bin is easy to empty when collecting the station’s waste. The stub-out plates are located on each side of the station to encourage smokers to stub out their cigarette on the intended plate rather than the HC5’s plastic solar panel bubble or exterior plastic. Ashtray and two stub-out plates per station are factory installed. Option 2: Stub-Out Plates (2 per station) Available for HC5 Components. Front Door Inside Front Door Removable Ashtray Stub-Out Plate Ashtray with Built-In Stub-Out Plate VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES High Energy Solar Panels 1802 Bigbelly recommends an High Energy Solar Panel for an European, Canadian, or urban canyon locations (tall skyscrapers blocking light from the street level) to ensure plentiful energy collection. Solar-powered waste compactors must function successfully over the life of the station using only the solar energy available at waste bin locations. This means success without direct sunlight, in high latitudes, short days of winter, high traffic, and shaded locations. While the standard HC5 solar panels pack a punch, some areas of the world simply do not get as much sunlight as others. Consider the short daylight hours of Northern Scandinavia and Canada compared to the long sunny days of Australia and the Middle East, or the “urban canyons” of high- traffic New York City compared to a suburban college campus. High Energy Solar Panels are factory-installed prior to deployment and will be recommended by your account manager if needed. All HC5 solar-powered waste compactors come equipped with BIgbelly’s patented energy management technology. High Energy options are not required or available for the battery-powered SC5.5 model. Standard Solar Panel High Energy Solar Panel VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES The Bigbelly system benefits can be taken indoors by leveraging an external power supply in order to provide power to stations for compaction and communication with CLEAN. The Bigbelly system can be used indoors in public spaces such as corporate offices, indoor cafeterias, malls and retail stores, college residence halls, and healthcare public spaces. Bring reduced collection frequency, remote monitoring, and total waste containment inside. The fundamental design of the Bigbelly HC station only utilizes low voltage (12V) inside the station. All energy required for compactions, communications, and standby is pulled from a 12V battery. The use of low voltage and a grounded chassis eliminates any possible for electric shock. Indoor usage of HC5 model station runs on the same safe, low voltage system with battery storage. The addition of an A/C adapter turns HC5 stations into a hybrid system with two power sources in the case that your station is every moved for outside use. The Bigbelly HC station uses a fully certified DC power adaptor that is located outside of the station and uses less than .25A at 120V. This power adaptor provides the DC voltage to the station that is used to charge the internal battery. The A/C adapter plugs into the back of the station using standard 110/220 Volt outlets with plug connectors for USA, UK, and European markets. External Power Supply is not required or available for the battery-powered SC5.5 model which properly functions in either indoor or outdoor environments. The SC5.5’s Alkaline battery has a lifespan of ~8 years. Indoor Use - External Power Supply 1802 VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Hopper Liner 1802 Bigbelly offers removable Hopper Liners are that easy to clean off-site and will keep your HC and SC hopper interiors neat and tidy. While Bigbelly’s stations are built street tough and durable, receptacles in areas with high amounts of organic waste - such as ice cream shops, food courts, picnic areas, and transit stops - can leave unsightly hoppers. Eliminate the complaints and the mess by adding hopper liners to your stations. Help keep surfaces presentable: hopper liners are recommended to keep the main chute to the interior bin as clean as possible when patrons deposit waste. Deters bees and bugs: Sugary foods and drink residue attract bees and other insects. Keep the hopper clean to prevent your station from becoming a bug magnet. All HC5 stations and SC5.5 stations with SC Hopper upgrade ship with one hopper liner; additional are available to purchase as spare parts. Two hopper liners per station are recommended - one for station use and one for replacement when the alternate is being cleaned. The durable plastic design is tested to withstand pressure washing. Multi-time use is encouraged. When hopper liners are ready to be permanently replaced after multiple uses, they can be recycled. VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Wheeled Interior Lift Bin (Bar & Comb Styles) 1802 Refuse collection trucks with a semi-automated lift arm loader are increasingly popular around the world for waste collection. Semi-automated collection vehicles feature a lift arm compatible with wheeled bins. This collection technique eases collection work while reducing the risk of injury due to lifting or maneuvering heavy waste bins. For customers using bar- and comb- style semi-automated lift arm collection vehicles, Bigbelly offers a durable and ergonomic wheeled lift bin. This lift bin option is available for both HC and SC units instead of the standard inner bin. Semi-automatic collection trucks with wheeled lift bins are increasingly used to reduce the heavy lifting associated with refuse collection. This is an advantage for many cities and towns which strive towards the most safe and productive waste collection. The combination of the lift bin collection technique and optimized use of the Bigbelly smart waste and recycling system provides the most efficient public space waste operations. The HC lift bin is the only lift arm compatible bin proven to work effectively with compaction technology. The wheeled lift bin for HC features a patented telescoping design which allows it to be identical in size to a standard HC5 interior bin when collapsed. It expands vertically to support compatible lift arm collection systems. The SC lift bin features a custom wheeled design, allowing for ergonomic collection with purpose-built fit for the station to ensure proper waste flow into inner bin while matching height requirements. Both HC and SC Lift Bins are available in either comb-style and bar-style lift arm versions. New orders and field upgrades are available for use with current generation stations designated for any waste stream. Lift-Arm Mechanism Compatibility: Bar-Style: US 2-Bar; Type B (ANSI Z245.60-2008) Comb-Style: DIN EN 1501-5 Collapsed Lift Bin Expanded Lift Bin Pictured: Comb-Style Lift Arm Also available: Bar-Style Lift Arm HC Lift Bin Patented Collapsing Bin Design for Maximum Compaction Capability SC Lift Bin Purpose-Built Design for Ergonomic Collection & Proper Waste Flow VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Security System 1802 For high profile public space events, Bigbelly offers a complete security package for your system. The Bigbelly Security System consists of two components - the Security Management Module within CLEAN that enables operations to set up and manage security events and physical Security Plates that prevent access to the stations. The Bigbelly Security System restricts physical access to stations and alerts authorities via email or text if a station is breached. The system saves operational time and costs by eliminating the need to remove Bigbelly stations during special events. Security Management Module The Security Management Module resides within Bigbelly’s CLEAN Management Console and provides the following functionality via an easy-to-use set up wizard: Event Creation - Create and easily add or delete stations from a security event via interactive map Event Scheduling - Stations are automatically placed into and removed from Secure Mode based on the specified event start and end time Security Notifications - Alerts and Notifications can be sent to any staff or law enforcement personnel Security Dashboard - Easily monitor and manage security events directly within the CLEAN software platform Security Plates Security Plates are installed during special events to prevent access to your fleet of Bigbelly smart stations. Custom graphics can be added to communicate that the stations are out of service. Security plates are available for purchase by all new customers and existing customers. VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Station Upkeep Supplies 1802 Waste & Recycling Liner Bags Solar Bubble Plastic Cleaning Kit Bigbelly recommends the usage of our customized WasteZero waste and recycling bags to optimum performance. High Capacity station bags are sold by the case, 50 bags/case. Standard Capacity station bags are sold by the case, 100 bags/case. Liner bags are available to purchase with all initial Bigbelly station orders. Refills may be purchased from preferred partner, WasteZero, at shop.wastezero.com/Bigbelly/ or +1-800-866-3954. Refer to Liner Bag Spec Sheet for compatible heavy duty liner bag specifications and additional information. A three step cleaning and polishing kit is available for the plastic solar bubble of any Bigbelly machine. If your station’s solar bubble is appearing cloudy or hazy, we recommend this cleaning & polishing kit. Three step cleaning process that clears any dirt or fog from the solar bubble and the solution also fills in any minor cracks or scratches on the plastic. An odor mask kit and refill pads are available for purchase and field installation for your Bigbelly smart waste fleet. While Bigbelly stations’ enclosed design keeps the litter and smells in and the pests out, the odor mask kit is an accessory to keep the stations as fresh as possible. The Odor Mask Kit comes with Cucumber Melon scented odor shield pads coupled with a holder. Installation into stations is quick & easy; the recommended placement is near hopper or flap opening for best results. Refills of the odor pads help to shield the waste odor upon hopper or front-door opening. Station Odor Mask Kit VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Standard Capacity Inner Bin Sleeve 1802 Bigbelly recommends usage of the a Standard Capacity Inner Bin Sleeve for any SC5 or SC5.5 station to proactively protect these public waste stations from unlawful pilfering and for station sensor & fullness reporting accuracy. Does your public space experience extreme cases of pilfering through landfill or recycling waste streams? Bigbelly has developed our patented SC Sleeve to hold the interior bin’s liner bag in place and recyclables or other waste out of reach of the pilferers. Optional anti-pilfering brackets are available and recommended in urban areas to further constrain the interior bin bag and protect from unauthorized access. In addition to keeping the bag in place, which deters pilfers from accessing waste in the bin, the patented SC Sleeve also ensures proper sensor readings which connect and communicate fullness via CLEAN software. “Know when to go” and collect your stations when they are ready, rather than making them an easy pilfering target. The Standard Capacity Inner Bin Sleeve ships standard with all SC5 and SC5.5 components. It improves the performance of the system by proactively protecting against unlawful pilfering and ensuring accurate sensor readings. This optional Standard Capacity Inner Bin Sleeve proves particularly useful in situations where you continually experience incorrect bag positioning and subsequent errors via CLEAN Management Console. The SC Sleeve’s impact on sensor reading and data accuracy is a critical feature of the Bigbelly SC model that differentiates this smart bin from competitive sensor-based waste bin products. Bigbelly recommends the use of our preferred waste and recycling bags from WasteZero (www.wastezero.com/bigbelly - available in the USA only) to avoid incorrect bag positioning. Additional anti-pilfering brackets (shown to the left) are available to further constrain waste access from station opening. These brackets are easy to install on any station already deployed in the field. VIII-06 SMART SOLUTIONS FOR CITIES www.bigbelly.com info@bigbelly.com +1-781-444-6002SMART SOLUTIONS FOR CITIES Lock Kit Options 1802 Top Key Latch Back View of Door Lock Front Key HC4/SC4 Models Top Key Latch Back View of Door Lock Front Key HC5/SC5/SC5.5 Models HC3 Models Top & Front Key Latch Back View of Door Lock Single-Sided Key Option Single-Sided Key Option Double-Sided Key Option Each generation of Bigbelly stations has featured a lock redesign to increase security and upgrade technology. If you have a Bigbelly fleet which contains a mix of HC3/CR, HC4/SC4, and HC5/SC5/SC5.5 models, a lock option kit is available to streamline collection and maintenance of your fleet with a single key. Please contact Bigbelly customer service (support@bigbelly.com or +1-781-444-6002 extension 3) to determine the best solution for your lock and key situation. This can also be used to terminate unlawful possession of station keys. VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: July 5, 2022 Item: Land Donation Agreement Council Action Requested: Accept land donation from Flint Hills Resources Pine Bend, LLC. Background Information: This 14.3-acre parcel of land adjoins Lake Rebecca Park and used to a part of the barge fueling “tank farm” off of Lock and Dam Road. City staff approached Flint Hills 2+ years ago to inquire if they had interest in donating this piece of land to the City to extend the Lake Rebecca Park area. Since that time, city staff and FHR staff have worked to bring this donation to reality. A Phase 1 Environmental Assessment of the property has been completed and no significant findings were recorded, this satisfies our duty to investigate potential environmental concerns. This parcel would also be a part of habitat enhancement work proposed in Lake Rebecca Park through the LCCMR grant funding. Staff recommend accepting this land donation. Financial Impact: Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Aerial ▪ Donation Agreement VIII-07 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 400 feet 6/24/2022 VIII-07 1 DONATION AGREEMENT This Donation Agreement (the “Agreement”) is made and entered into as of June 22, 2022, by and between Flint Hills Resources Pine Bend, LLC, a Delaware limited liability company (“Flint Hills”), and the City of Hastings, a Minnesota municipal corporation (“City”). RECITALS A. Flint Hills is the owner of certain real property in the City of Hastings, County of Dakota, State of Minnesota, legally-described on Exhibit A attached hereto and incorporated herein (the “Property”) B. Flint Hills desires to donate, and City desires to accept, the donation of the Property subject to the terms and conditions of this Agreement. AGREEMENT In consideration of the mutual covenants made below and other good and valuable consideration, the parties agree as follows: 1. Offer and Acceptance. Flint Hills agrees to donate, and City agrees to accept donation of the Property, subject to the terms and conditions of this Agreement. There is no personal property included in this donation. If Closing (as defined below) occurs hereunder, City shall accept the Property in its “AS IS” condition (such provision shall not affect any environmental-related obligations Flint Hills has under applicable law), without representation or warranty from Flint Hills except as expressly provided for herein. 2. Title Matters. Upon execution of this Agreement, City shall, at its sole expense, obtain a commitment for an owner’s policy of title insurance (“Commitment”). City shall be allowed 20 business days after receipt of the Commitment for making any objections, which shall be made in writing or deemed waived. Flint Hills shall (if Flint Hills elects to attempt to cure any title objections) have 60 days after receipt of City’s written objections to make title marketable (Flint Hills has no obligation hereunder to cure or attempt to cure any title objections). Upon correction of title (if same occurs) and within 10 days after written notice to City, the parties shall perform this Agreement according to its terms. If the Flint Hills fails to make title marketable within the 60-day period, City may terminate this Agreement without any liability on its part. 3. Conditions to Closing. The closing of the transaction contemplated by this Agreement and the obligation of the Flint Hills to donate the Property and of the City to accept the Property shall be subject to the following conditions: DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 2 3.1 City having reviewed and approved title to the Property pursuant to Section 2, above. 3.2. City having determined on or before the Closing Date (as defined below) that it is satisfied, based upon the results of, and matters disclosed by, any environmental or soil investigations or testing of the Property, that there are no environmental, soil, or other conditions that would interfere with City’s proposed use of the Property. City’s proposed use of the Property is for conservation purposes. The above contingencies are for the sole benefit of City, and City shall have the right to waive those contingencies by giving written notice to Flint Hills. If the contingencies set forth in this Section have not been satisfied by the Closing Date, City may terminate this Agreement without any liability on its part by giving written notice to Flint Hills on or before the Closing Date. 4. Available Surveys, Tests, and Reports. Within ten (10) days of the Effective Date, Flint Hills shall cause to be delivered to City, (a) copies of any surveys, easement documents, property tax information (including any appeals), soil tests, environmental or engineering reports, wetland delineations, and any other studies and/or site analyses previously conducted on the Property and in the possession of Flint Hills (b) copies of existing title work for the Property and in the possession of Flint Hills. If City so requests, Flint Hills shall request the preparers of any such surveys, soil tests, environmental reports, and any other studies and/or site analyses to re- issue or re-certify the same for the direct benefit of City, at City’s expense, so that City may rely on such site analyses or surveys as if prepared for City in the first instance. 5. Property Investigations. City and its agents shall have the right, at their sole option and risk, to enter the Property for the purposes of surveying inspecting and evaluating the Property as may be necessary to determine the suitability of the Property for uses by the City. City shall not perform any invasive sampling or testing of the Property. If City investigates or tests the Property pursuant to this Section, City shall pay all costs and expenses of such investigations and testing and shall hold Flint Hills harmless from all damages and liabilities arising out of City’s activities. All such inspections/testings will be done at times and in manners mutually agreeable to the parties. If the parties are not able to reach an agreement with respect to the times and/or manners of any such inspections, either Flint Hills or City may elect to terminate this Agreement at any time prior to Closing upon written notice to the other party, with no further liability by either party to the other based on such termination. City agrees to provide Flint Hills, prior to Closing, with any reports and/or assessments prepared by City or City’s consultants concerning the physical condition of the Property. If City’s inspections or other inspections prior to Closing reveal any environmental issue relating to the Property that could require the Flint Hills to conduct remediation operations, Flint Hills may elect to terminate this Agreement at any time prior to Closing upon written notice to City, with no further liability by either party to the other based on such termination. 6. Real Estate Taxes. General real estate taxes applicable to the Property due and payable in the year of Closing shall be prorated between Flint Hills and City on a daily basis as of DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 3 12:00 a.m. CT on the Closing Date based upon a calendar fiscal year, with Flint Hills paying those allocable to the period prior to the Closing Date and City being responsible for those allocable to the Closing Date and subsequent thereto. 7. Special Assessments. Flint Hills will pay the outstanding balance of all pending and levied assessments prior to Closing Date. 8. Closing. 8.1. The closing (“Closing”) shall take place on August 25, 2022, (“Closing Date”) at DCA Title Company, 1313 147th Street West, Suite 161 in Apple Valley, Minnesota, unless otherwise agreed to by the parties. 8.2. On the Closing Date, Flint Hills shall deliver to City possession of the Property, and shall execute and/or deliver to City: a) A duly executed special warranty deed in the form attached hereto as Exhibit B; b) A duly executed “Affidavit of Seller” in a form acceptable to Flint Hills; c) An “Affidavit of Non-foreign Identity”; and, d) Such other documents as may be reasonably required by City’s title examiner or title insurance company, subject to the other provisions herein. 8.3. City shall pay at Closing: the state deed tax; all recording fees and charges relating to the transaction; title insurance premium, if any; and title company closing fee if any. 9. Personal Property Not Included. There is no personal property included in this donation. Flint Hills shall remove all of Flint Hills’s personal property, if any, from the Property prior to closing. Any personal property that remains on the Property after the Closing (other than any personal property located on the Property pursuant to third-party easements) shall be deemed to have been abandoned and shall become the exclusive property of City. 10. Covenants, Representations and Warranties of Flint Hills. Flint Hills hereby warrants and represents to City that, as of the date hereof, each of the following is true and accurate to the best of Flint Hills’s knowledge: 10.1. Flint Hills shall take no actions to encumber title to the Property after the date of this Agreement. 10.2. Flint Hills has the full right and authority to convey the Property to City as provided in this Agreement and the attached Special Warranty Deed form (Flint Hills’s DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 4 warranty of title to the Property is limited, as provided for in the attached Special Warranty Deed form), and the person signing this Agreement has the authority to sign on behalf of the Flint Hills. 10.3. There is a right of access to the Property from a public right of way. 10.4. Prior to the Closing Date, payment in full will have been made (or will thereafter be timely made in the ordinary course of business) for all labor, materials, machinery, fixtures or tools furnished within the 120 days immediately preceding the Closing Date in connection with construction, alteration or repair of any structure on or improvement to the Property. 10.5. There have been no bankruptcy proceedings involving Flint Hills during the time Flint Hills has had any interest in the Property. 10.6. There is no action, litigation, investigation, condemnation or proceeding of any kind pending or threatened against Flint Hills or the Property that could materially adversely affect the Property, any portion thereof or title thereto. Flint Hills shall give City prompt written notice if any such action, litigation, condemnation or proceeding is commenced or, to Flint Hills’s knowledge, threatened prior to the Closing Date. 10.7. There are no wells located on the Property, there are no underground storage tanks located on the Property, and there are no septic systems located on the Property. 10.8. The Property is not occupied by any tenant nor will the Property be subject to any rights of a tenant under a written or oral lease that expires after the Closing Date. 10.9. Flint Hills has no knowledge that any condition in the Property violates in any material respect any provisions of any applicable building codes, health codes, fire regulations, building restrictions, or other ordinances, orders, or regulations. Flint Hills hereby agrees that each of the foregoing representations and warranties shall be deemed restated by Flint Hills (subject to any exceptions based on change of facts or change in knowledge, that are provided in writing to City prior to Closing,) effective as of Closing, and shall survive closing hereunder for a period of twelve (12) months thereafter. In the event that any representation or warranty was or is incorrect or breached when made, Flint Hills shall be liable to City for any actual damages of City arising therefrom. 11. Representations and Warranties of City. 11.1. City is a political subdivision of the State of Minnesota and has the power to enter into this Agreement. 11.2. City has approved acceptance of the donation of the Property in accordance with this Agreement pursuant to Minnesota Statutes, Section 465.03. DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 5 12. Naming Rights. 12.1. City agrees that the Property will be prominently named and referred to with a name (as mutually and reasonably agreed to by Flint Hills and City) that includes the words “Flint Hills Resources,” unless a change to another name is agreed upon by the parties. During the period specified in Section 12.3, in the event that Flint Hills’ s name (or, if Flint Hills ceases to exist, Flint Hills’s successor’s name) is changed (by merger or otherwise) and no longer includes the words “Flint Hills Resources,” City agrees to not unreasonably refuse to agree to a name change that includes Flint Hills’s (or its successor’s) new name. (This provision does not grant City any rights in Flint Hills’s trade names or trademarks, except for the right to use the words “Flint Hills Resources” for purposes of the Property name as specifically described herein.) 12.2. City will not name any field at, facility at, improvement on, or any part of the Property using the name or logo of any other energy producing company. For purposes of this section, “energy producing company” means a company engaged in the refining or transportation of petroleum products. 12.3. The provisions of this Section 12 shall survive closing and bind City as long as it owns the Property and shall bind (unless such obligations are released by Flint Hills, or if Flint Hills ceases to exist, by Flint Hills’s successor) City’s successors and assigns who own all or any portion of the Property for a period of 50 years from and after the date of Closing hereunder. 13. Use Restrictions. 13.1. The parties acknowledge that the Deed for the Property contains certain use restrictions as to City’s future use of the Property. 13.2. The Property may not be sold or transferred to any other party or entity without the written consent and approval of Flint Hills. 13.3. Should City violate the use restrictions in the Deed for Property, then title to the Property shall revert to Flint Hills and Flint Hills shall have an immediate right to retake the Property. 13.4. The provisions of this Section 13 shall survive closing and shall, in perpetuity, bind City as long as it owns the Property, and shall bind (unless such obligations are released by Flint Hills, or if Flint Hills ceases to exist, by Flint Hills’s successor) City’s successors, assigns, and purchasers of any part of the Property. 14. Miscellaneous. 14.1. This Agreement represents the complete and final agreement of the parties and supersedes any prior oral or written understanding, with respect to the subject matter hereof. This Agreement may be amended only by a writing executed by the parties hereto. DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 6 This Agreement shall be binding on the parties hereto, their successors and assigns. City may not assign its interest in this Agreement to any third party prior to Closing. The parties’ obligations hereunder shall survive Closing and the delivery of the deed at Closing. 14.2. All notices required hereunder shall be given by depositing in the U.S. mail. postage prepaid, certified mail, return receipt requested, to the following addresses (or such other addresses as either party may notify the other): To the Flint Hills: Flint Hills Resources Pine Bend, LLC Attn: Executive Vice President - Operations 4111 East 37th Street North Wichita, Kansas 67220 To the City: City of Hastings Attn: City Administrator 101 4th Street East Hastings, MN 55033-1955 14.3 This Agreement shall be governed by the laws of the State of Minnesota. 14.4 Flint Hills shall be solely responsible for determining whether the donation qualifies as a charitable contribution for purposes of federal and state income tax laws, and City makes no representation or warranty to Flint Hills regarding tax matters, but the parties will reasonably cooperate in the course of preparing necessary documentation relating to such charitable contribution and tax matters. Flint Hills acknowledges that Flint Hills has not relied upon any statements or representations of City with respect to tax matters. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. FLINT HILLS: FLINT HILLS RESOURCES PINE BEND, LLC, A Delaware limited liability company By: Jeff Ramsey President and Chief Executive Officer DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 7 CITY: CITY OF HASTINGS, A MINNESOTA MUNICIPAL CORPORATION By: Mayor Mary Fasbender By: City Clerk Kelly Murtaugh DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 8 EXHIBIT A A tract of land situated in Section 21, Township 115 N, Range 17 W, 5th Principal Meridian, Dakota County, Minnesota, more specifically described as follows: Commencing at meander corner on south line of said Section 21, said corner being 1,885.78 feet easterly of one quarter corner, which is 25.27 feet westerly of a witness corner monument, thence westerly along south line of said Section 21, on an assumed bearing of N 89 degrees 02 minutes W, 240.00 feet; thence North 40 degrees 55 minutes West, 1,180.84 feet; thence North 73 degrees 24 minutes West, 637.28 feet to the point of beginning; thence continuing along last described line, 445.19 feet; thence North 31 degrees 02 minutes West, 1,887.08 feet; thence North 58 degrees 55 minutes East 300 feet; thence South 31 degrees 02 minutes 00 seconds East, 2,216.27 feet to the point of beginning. SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS: (1.) All easements, restrictions, and reservations of record; (2.) All matters apparent from a visual inspection of said real property; and (3.) All logos, emblems, signs, trademarks, trade names, and service marks that are the property of FHR. PID: 19-02100-70-011 Abstract Property DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 1 Exhibit B FORM OF SPECIAL WARRANTY DEED STATE OF MINNESOTA ) ) COUNTY OF DAKOTA ) Flint Hills Resources Pine Bend, LLC, a Delaware limited liability company, (“Grantor”), with a place of business at 4111 East 37th Street North, Wichita, Kansas 67220, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey unto the City of Hastings, Minnesota (“Grantee”), having a place of business at 101 4th Street East, Hastings, Minnesota 55033-1955, all of its right title and interest in and to the property and premises which are more particularly described on Exhibit A attached hereto and made a part hereof, together with all and singular the rights and appurtenances belonging in any way to such property (the “Property”), subject to the exceptions and reservations stated or referred to in Exhibit A and for so long as Property Owners (as defined below) abide by the following restrictions: A. The following “Restrictive Covenant(s)” shall be imposed with respect to the Property: To the fullest extent permitted by applicable law, Grantee, on its behalf and on behalf of its successors and assigns and all present and future owners and occupiers of and/or successors in title or interest to the Property and any part thereof (collectively, “Property Owners”), agrees to use the Property as public parkland and agrees to the following: (i) To not allow the Property to be used for residential purposes, it being the expressed intent of the parties hereto that the Property will be used for conservation uses only and that at no time will any persons be domiciled or otherwise reside on the Property; (ii) To prevent the withdrawal of groundwater on, at, under or from the Property for any private or public use including, but not limited to, recreational, potable, irrigation, commercial, industrial, residential and other possible uses; (iii) Except for the construction, installation and maintenance of trails or parking areas or picnic shelters to facilitate the public parkland use, to prevent the digging of any holes and excavations of any soil on, at, under or from the Property; and (iv) Not to sell or otherwise transfer the Property without the prior written consent of Grantor. The term “residential purposes” shall include, but not be limited to, use for dwellings such as single family houses or multi-family dwellings and apartments, children’s homes, elderly housing, nursing homes, residential portions of government -owned lands (local, state or federal), day care facilities, educational facilities, hospitals or other medical care facilities, and churches. The above covenants shall apply to and bind each and every Property Owners, and their respective successors and assigns, and shall operate as a covenant running with the land and passing with title to the Property and any part thereof. B. The Restrictive Covenants set forth herein shall not act to waive, rescind or modify any other restrictions that may be in effect against the Property, it being the intention that the Restrictive Covenants are to supplement and not replace, modify or amend any restrictions or other covenants pertaining to the use of the Property in effect as of the date hereof. Grantee may request in writing a waiver DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 2 of said Restrictive Covenants but no waiver, rescission, amendment or other modification of thereof shall be effective unless made in a writing signed by an office of Grantor. The wai ver of or failure to enforce any of the restrictions or covenants contained herein shall in no event be deemed to be a waiver of the right to do so at any time thereafter. C. If at any time Property Owner breaches a Restrictive Covenant, the Property shall immediately revert to Grantor, and Grantor shall have an immediate right to enter and take the Property. GRANTEE ACKNOWLEDGES AND AGREES THAT GRANTOR HAS NOT MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES, REPRESENTATIONS, COVENANTS, OR GUARANTEES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY, QUANTITY, QUALITY, ENVIRONMENTAL CONDITION, OR PHYSICAL CONDITION OF THE PROPERTY OR ITS SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE AFFIRMS THAT IT: (I) HAS INVESTIGATED AND INSPECTED THE PROPERTY AND IS FAMILIAR AND SATISFIED WITH ITS ENVIRONMENTAL CONDITION AND PHYSICAL CONDITION AND (II) HAS MADE ITS OWN DETERMINATION AS TO THE (A) MERCHANTABILITY, QUANTITY, QUALITY, ENVIRONMENTAL CONDITION, AND PHYSICAL CONDITION OF THE PROPERTY, INCLUDING THE POSSIBLE PRESENCE ON, AT, UNDER, OR EMANATING FROM THE PROPERTY OF HAZARDOUS MATERIALS OR OTHER ENVIRONMENTAL CONTAMINATION, AND (B) PROPERTY’S SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE. GRANTEE HEREBY ACCEPTS THE PROPERTY IN ITS PRESENT ENVIRONMENTAL CONDITION AND PHYSICAL CONDITION ON AN “AS IS,” “WHERE IS,” AND “WITH ALL FAULTS AND DEFECTS” (INCLUDING ENVIRONMENTAL) BASIS, REGARDLESS OF HOW SUCH FAULTS AND DEFECTS WERE CAUSED OR CREATED (BY GRANTOR’S NEGLIGENCE, ACTIONS, OMISSIONS, OR FAULT, OR OTHERWISE), AND ACKNOWLEDGES THAT: (A) WITHOUT THIS ACCEPTANCE, THIS SALE WOULD NOT BE MADE, AND (B) GRANTOR SHALL NOT BE UNDER ANY OBLIGATION WHATSOEVER TO UNDERTAKE ANY IMPROVEMENT, REPAIR, MODIFICATION, ALTERATION, REMEMDIATION, OR OTHER WORK OF ANY KIND WITH RESPECT TO ANY OF THE PROPERTY. GRANTOR IS HEREBY EXPRESSLY RELEASED BY GRANTEE AND ITS SUCCESSORS AND ASIGNS FROM ANY AND ALL RESPONSIBILITIES, LIABILITIES, OBLIGATIONS, AND CLAIMS, KNOWN AND UNKNOWN, WHETHER BASED UPON NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING UNDER ENVIRONMENTAL STATUTES, COMMON LAWS, OR ANY OTHER LEGAL REQUIREMENT, INCLUDING ANY OBLIGATIONS TO TAKE THE PROPERTY BACK AND ANY ACTIONS FOR CONTRIBUTION, INDEMNITY, OR TO IMPROVE, REPAIR OR OTHERWISE MODIFY THE PHYSICAL CONDITION OR OPERATION OF THE PROPERTY, THAT GRANTEE OR ITS SUCCESSORS OR ASSIGNS MAY HAVE AGAINST GRANTOR OR THAT MAY ARISE IN THE FUTURE, BASED, IN WHOLE OR IN PART, UPON THE PRESENCE OF HAZARDOUS MATERIALS OR OTHER ENVIONRMENTAL CONTAMINATION ON, AT, UNDER, OR EMANATING FROM THE PROPERTY OR ARISING FROM THE ENVIRONMENTAL CONDITION OR PHYSICAL CONDITION OF THE PROPERTY, REGARDLESS OF HOW CAUSED OR CREATED (BY GRANTOR’S NEGLIGENCE, ACTIONS, OMISSIONS, OR FAULT, PURSUANT TO ANY STATUTORY SCHEME OR STRICT LIABILITY, OR OTHERWISE). GRANTEE FURTHER ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY EXPLAINED TO GRANTEE AND THAT IT FULLY UNDERSTANDS AND ACCEPTS THE SAME AS A CONDITION TO PROCEEDING WITH THIS TRANSACTION. GRANTEE ACKNOWLEDGES THAT NONE OF GRANTOR’S EMPLOYEES, AGENTS, OR REPRESENTATIVES HAS MADE ANY STATEMENTS OR REPRESENTATIONS CONTRARY TO THE PROVISIONS OF THIS SECTION. DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 3 GRANTOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AS TO THE ACCURACY OR COMPLETENESS OF ANY TITLE OPINION, DATA, REPORTS, RECORDS, PROJECTIONS, INFORMATION, OR MATERIALS NOW, HERETOFORE, OR HEREAFTER FURNSHIED OR MADE AVAILABLE TO GRANTEE IN CONNECTION WITH THE PROPERTY, INCLUDING ANY DESCRIPTION OF THE PROPERTY, THE PRICING ASSUMPTIONS, THE ENVIRONMENTAL CONDITION, OR PHYSICAL CONDITION OF THE PROPERTY, ANY OTHER MATTERS CONTAINED IN THE DATA, OR ANY OTHER MATERIALS FURNISHED OR MADE AVAILABLE TO GRANTEE BY GRANTOR OR BY GRANTOR’S EMPLOYEES, AGENTS, OR REPRESENTATIVES. GRANTEE HAS RELIED, AND WILL RELY, SOLEY UPON ITS INDEPENDENT INVESTIGATION OF, AND JUDGEMENT WITH RESPECT TO, THE PROPERTY AND ITS VALUE. TO HAVE AND TO HOLD said described Property unto the Grantee, Grantee’s successors and assigns forever. Grantor warrants title to the Property, subject to the foregoing exceptions and restrictions, unto Grantee against any and all acts, conveyances, liens and encumbrances affecting such Property made or suffered to be made or done by, through or under Grantor, but not otherwise. IN WITNESS WHEREOF, Grantor has executed this instrument this _____ day of _________________, 2022. FLINT HILLS RESOURCES PINE BEND, LLC (“Grantor”) By: Jeff Ramsey President and Chief Executive Officer STATE OF KANSAS ) ) ss. COUNTY OF SEDGWICK ) This instrument was acknowledged before me this _______ day of ______________________, 2022, by __________________________, as ____________________________ of Flint Hills Resources Pine Bend, LLC, a Delaware limited liability company, on behalf of said limited liability company. Notary Public DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 4 Executed this ___________ day of ______________________, 2022 by: The CITY OF HASTINGS, MINNESOTA (“Grantee”) By: Printed Name: Mary Fasbender Title: Mayor I, Kelly Murtaugh, certify that I am the City Clerk of the City of Hastings, State of Minnesota; that Mayor Mary Fasbender signed this Special Warranty Deed on behalf of said City of Hastings; that said Special Warranty Deed was duly signed for and on behalf of said City by authority of its governing body and is within the scope of said governing body’s corporate and legislative powers. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed by official seal this ______ day of ___________________________, 2022. Mail Tax Statements to: City of Hastings, Minnesota 101 4th Street East Hastings, Minnesota 55033-1955 DRAFTED BY: Kim Boatright, Senior Counsel Flint Hills Resources, LC 4111 East 37th Street North Wichita, Kansas 67220 DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 5 EXHIBIT A to Special Warranty Deed dated ________________, 2022 by and between Flint Hills Resources Pine Bend, LLC and The City of Hastings, Minnesota Legal Description: A tract of land situated in Section 21, Township 115 N, Range 17 W, 5th Principal Meridian, Dakota County, Minnesota, more specifically described as follows: Commencing at meander corner on south line of said Section 21, said corner being 1,885.78 feet easterly of one quarter corner, which is 25.27 feet westerly of a witness corner monument, thence westerly along south line of said Section 21, on an assumed bearing of N 89 degrees 02 minutes W, 240.00 feet; thence North 40 degrees 55 minutes West, 1,180.84 feet; thence North 73 degrees 24 minutes West, 637.28 feet to the point of beginning; thence continuing along last described line, 445.19 feet; thence North 31 degrees 02 minutes West, 1,887.08 feet; thence North 58 degrees 55 minutes East 300 feet; thence South 31 degrees 02 minutes 00 seconds East, 2,216.27 feet to the point of beginning. SUBJECT TO THE FOLLOWING EXCEPTIONS AND RESERVATIONS: (1.) All easements, restrictions, and reservations of record; (2.) All matters apparent from a visual inspection of said real property; and (3.) All logos, emblems, signs, trademarks, trade names, and service marks that are the property of FHR. PID: 19-02100-70-011 Abstract Property DocuSign Envelope ID: 639CA912-9A9B-436A-80C7-EB3A07EDD328 VIII-07 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: July 5, 2022 Item: Conduct Public Hearing and Consider Application for Parklet for RiverCity PopCorn & Candy Company Council Action Requested: Hold a public hearing to consider approval of the proposed Parklet application for RiverCity PopCorn and Candy Company, 208 Sibley Street. City Departments including Building, Planning, Police, Fire, and Engineering have reviewed the proposed Parklet application and recommend approval. Background Information: Lynn Hoeschen of RiverCity PopCorn & Candy Company has submitted the required application and documents for the Parklet license. The applicant wishes to operate the parklet Tuesdays – Sundays coinciding with RiverCity PopCorn & Candy’s operational hours. License will be issued upon receiving all required insurance documents and inspection by the Hastings Fire Marshal. Property owners within 350 feet of the property requesting the parklet were mailed a notice of the request and the scheduled public hearing. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Application IX-01 (a,b) IX-01 (a,b) IX-01 (a,b) IX-01 (a,b) IX-01 (a,b) IX-01 (a,b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: July 5, 2022 Item: Hastings Civic Center Council Action Requested: If the City Council wishes to proceed with the Civic Center project in 2023, approve a budget amendment of $200,000 for purchase of relief valves and motor control center, with the intent that these items be reimbursable by future bond proceeds. Note: I recommend delaying the project in favor of pursuing other financing options. The question is one of timing: Do we proceed with the Civic Center project in 2023 or delay by 1-3 years? There are needs for improvements (new refrigeration system and west rink roof replacement), and the CIP has the project scheduled for 2023. The relief valves (estimate $70K to $100K) and master control center (estimate $100K) have a 10 month lead time and need to be ordered now if we want the project on schedule for construction next summer and open in time for the 2023-2024 season. Our consulting engineers recommend purchasing the valves and MCC now only if we intend to proceed with the project in 2023. On the other hand, as we’ve seen the cost increase (from $2.6M to $4M), the state legislature did not act on a bonding bill (we requested $1.45M in assistance), and it would be very tight for the City to finance two projects in one year (the other being the 2023 Neighborhood Project) – it may be better to delay the project to pursue other financing options. If the project is delayed one to three years, we would continue annual maintenance and probably need to add a cylinder or two of R-22 over the next few years to keep the system full (at current prices, a cylinder runs $5K to $6K). Barring a catastrophic failure of the refrigeration system, we anticipate being able to continue this “band aid” approach for several years. Engineers recommend not purchasing the valves and MCC now if we intend to delay the project. X-B-01 Project Cost Estimates: The present construction estimate is just under $4M, plus engineering and contingency. Refrigeration System $ 2,400,000 West Rink Roof $ 790,000 160 kW Solar Panels $ 215,000 Low-E Ceiling, West Rink $ 119,000 LED Lighting Upgrades $ 400,000 TOTAL $ 3,924,000 We plan bonding for the project under Minnesota Statutes, Section 471.345, subd 13 (Energy Efficiency Improvements) that would enable us to do the project as design-build (with a pre-selected list of qualified contractors invited to bid) rather than a typical competitive bid process. The primary reason for the design-build is to streamline the process, since time is of the essence. It would also enable us a greater degree of quality control in selecting qualified contractors. Our consulting engineers at Apex calculate an energy savings of $51K annually (which would be dedicated toward the bond payments) from the refrigeration, ceiling, and lighting improvements. Note: Other potential improvements (boiler, furnace, replacing two other flat roofs, and front entry) are beyond the scope of this “protect the asset” project. Financing Options: In addition to the Energy Efficiency Bonding, we may pursue a combination of other funding options. Options for a 2023 project or a later project: • School JPA – The City and School District have a long history of sharing in expenses of projects (on a case by case basis) that are mutually beneficial, including the east-rink roof around 2008. Whether the project occurs in 2023 or later, we will negotiate this with the School and are presently scheduling a meeting to discuss the project and finances with the School. • State Bonding, current request – We applied for state bonding in the amount of $1.45M (based on a project cost estimate then at $2.9M). The legislative session ended without a decision on any bonding projects. If there is a special session, our current request would still be proposed (and we could request additional funding due to increased cost). Options only for a delayed project: • State Bonding, future request – We can re-apply for state bonding (and based on the current cost estimate) in a future legislative session. • Local Option Sales & Use Tax – Recognizing the regional impact of the Civic Center, we could pursue authorization for a half-cent local sales & use tax. The steps in the process would result in a 2 to 3 year wait before construction. The authorization process first requires state approval and then approval by City voters. Advantages of this option is that it gets it off X-B-01 the property tax and some communities have seen close to 50% of the sales tax revenues coming from non-residents. This could also be an option for other, separate projects such as the trails or a major park. • Referendum – The financial difficulty of trying to accommodate two major projects (the other being the 2023 Neighborhood Project) in one year could be eased by “separating” this project from the CIP and bringing it to City voters under a referendum. During the June 20 City Council budget workshop, there was general support for a referendum approach to addressing a broad trails and parks improvement plan. Noting that the School District is expected to seek a referendum in November 2023, this would need to be timed so the two don’t compete against each other. Background Information: The Hastings Civic Center was constructed in 1980 and uses an R-22 freon refrigeration system, which under federal EPA can no longer be produced or imported. The age of the system requires maintenance and upkeep, with the R-22 increasingly difficult and expensive to obtain. A 2017 study by Apex Efficiency Systems, as well as a 2021 update, recommended an ammonia-based refrigeration system, which would include building modifications. With the Apex study, the City also looked at options for adding roof-top solar panels. A 160 kW array on the west-rink roof was recommended. This would require and coincide with the current aged flat roof being replaced with a modified built-up roofing system. The roof has been repaired on multiple occasions, most recently about 3 years ago. Water continues to infiltrate the building through the roof. Water intrusion can cause many problems with a building and its systems. The new roof will improve water drainage, eliminate water intrusion and protect the building and its systems for years to come, as well as allow the best roof for the solar panel array. Financial Impact: $200K for relief valves and motor control center. Total project estimate is $4M. The $200K would use existing general fund dollars and would reduce funds available for 2023 CIP/CEP projects but would not limit projects budgeted in 2022. The intent is that these expenses would be reimbursable by future bond proceeds. Committee Discussion: City Council discussed possibilities of funding the Civic Center project in 2023 or in a future year during the June 20 budget workshop. Attachments: Not applicable X-B-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: July 5, 2022 Item: Resolution - Conditional Use Permit 2022-45 – Marina – 6 Spiral View Loop Council Action Requested: Review the CUP (Conditional Use Permit) request for a marina in a Floodway District (Chapter 151.04) and act on the attached resolution, acting as the Board of Adjustment and Appeals. Approval of the CUP requires a simple majority of present Councilmembers. Background Information: This request is to finish improvements (the last 11 boat slips) from an approved CUP in 2008. The review of a new CUP is required because the layout of the proposed slips has changed from the original approval. A CUP is essentially the same as SUP (Special Use Permit). The term CUP was included in the model Floodplain Ordinance we adopted from the DNR. Please see the attached Planning Commission staff report for additional information. Financial Impact: N/A Advisory Commission Discussion: The Planning Commissions recommend approval of the CUP by a three to two vote (Nay: Peters & Teiken) at their June 27, 2022 meeting. Some commissioners expressed concern over parking, possible drainage issues, and lack of a site plan review. Council Committee Discussion: N\A Attachments: • Resolution – CUP Marinas in a Floodway District. • Planning Commission Staff Report, June 27, 2022 • Letter of Concern • Marina Slip Owners Association Supporting the Proposal. • Supplemental Information from the Applicant X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A CONDITIONAL USE PERMIT TO ALLOW FOR THE EXPANSION OF A MARINA IN THE FLOODWAY DISTRICT FOR HUB’S LANDING LOCATED AT 6 SPIRAL VIEW LOOP, HASTINGS, MN Council member ___________________________ introduced the followi ng Resolution and moved its adoption: WHEREAS, Mark and Monica Frazer have petitioned for approval for expanding Hub’s Landing and Marina located in the Floodway District as regulated in City of Hastings Chapter Section 151.04C.3. Floodway District, Conditional Uses generally located at 6 Spiral View Loop , legally described follows ; and PT GOV LOT 4 LYING W OF CENT LINE OF ST HWY 61 THE COURSE OF WHICH CROSSES SD LAND IS DESC AS FOLL: BEG AT PT ON THE EAST & WEST 1/4 LINE OF SD SEC A DIST 51.5FT WEST FROM THE CEN OF SD SEC 7 THN RUNNING SELY AT AN ANG OF 86DEG30' WITH SD E & W 1/4 LINE FOR A DIST OF 1322.9FT M/L TO A PT ON NORTH LINE OF GOV LOT 4 SEC 7 WHICH PT IS THE BEG OF CEN LINE HEREIN DESC THN CONT ON LAST ABOVE DESC COURSE FOR A DIST OF 150.6FT M/L THN DEFL TO THE RT ON A 01DEG33' CURVE DELTA ANGLE 03DEG53' FOR A DIST OF 388.3FT THN ON A TANGENT TO SD CURVE A DIST OF 735FT TO HEIGHT OF MISS RIVER & THERE TERMINATING EXC TO HWY EXC: PARCEL 204 SP 8205 (61-3- 46-1) DESC AS TRACT A BEING THAT PART OF GOV LOT 4 SD SEC7 LYING WLY OF WLY R/W LINE OF HWY 61 NOW LOC & EST WHICH LIES NELY OF LINE RUN PAR WITH & DIST 50 FT SWLY OF LINE 1 DESC BELOW: BEG AT PT ON N LIN SD SEC7 A DIST 197.72 FT W OF N 1/4 COR THEREOF THN RUN SLY AT AN ANG 94DEG15'39" FROM SD N SEC LINE (MEAS FROM WEST TO SOUTH) FOR 3034.23FT THN DEFL TO RT ON TANG CURVE HAVING A RADIUS 818.51FT A DELTA ANG 28DEG30'00" FOR 407.1FT THN ON TANG TO SD CURVE FOR 53.2FT THN DEFL TO L ON TANG CURVE HAVING A RADIUS 818.51FT A DELTA ANG OF 38DEG03'00" FOR 543.6FT THN ON TANG TO SD CURVE FOR 700FT AND THERE TERM SECTION 07 TOWNSHIP 026 RANGE 020 WHEREAS, on June 27, 20 22 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 subject to the conditions of this resolution; 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 Conditional Use Permit as presented subject to the following conditions: 1) City (and state when applicable) review and approval of any utility expansion or work. 2) The storage or processing of materials that are in time of flooding buoyant, X-C-01 flammable, explosive, or could be injurious to human, animal, or plant life is prohibited. 3) Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or readily removable from the area within the time available after flood warning. 4) Such fill, temporary dredging spoils, or other materials shall be protected against erosion by rip-rap, vegetable cover, or bulk heading. Such fill or other materials to receive and comply with all required City and DNR requirements and permits. 5) Approval is subject to a one -year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 6) Use of the property shall be limited to no more than 80 slips. No more than 12 launch passes and 25 marina storage and launch memberships shall be granted. Public launching beyond shall be prohibited. 7) Parking that cannot be accommodated on site will require the reduction of existing services until off street parking becomes adequate. parking expansion with approval may also be allowed. Council member ______________________ moved a second to this resolution and upon being put to a vote it was unanimously adopted by all Council Members present. Adopted by the Hastings City Council on July 5, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ 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 5th day of July , 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 (JJF) 101 4th St. E. Hastings, MN 55033 X-C-01 –– Planning Commission Memorandum X-C-01 (floodway is currently considered “the” zoning district of X-C-01 applicant’s engineer has stated and provided some calculations showing that the that the proposed layout adequately supports that the proposal won’t cause a rise Captain’s Cove X-C-01 Staff believes if all parking is occurring on site, 11 additional slips shouldn’t cau • • • • X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 X-C-01 Letter was dropped off anonomously at City Hall X-C-01 X-C-01 X-C-01 Background: X-C-01 0 100' SCALE IN FEET 196' SET DOCK AT 40' CLUB HOUSE AREA TO BE DREDGED 12,800 sf X 4' SEDIMENT 1900 CY EXISTING DREDGE SPOIL AREA FOR DEWATERING (SEE EXISTING DREDGE PERMIT) DNR PROTECTED WATERS LINE FROM WASHINGTON COUNTY DRAWING EXISTING 69 SLIPS REMAINING 11 SLIPS TO BE INSTALLED FIGURE 2 HUB'S LANDING AND MARINA LAYOUT2022-04-15 JWT MAP PREPARED FROM ORIGINAL PERMIT ANDEAW DRAWINGS. HASTINGS BRIDGE LOCATIONFROM MNDOT DRAWING. X-C-01 Additional information: • ~ Please see Figure 3 which depicts Hub’s parking lot configuration • • Parking lay out • • • X-C-01 Emergency vehicle access Storm water runoff: X-C-01 • Parking for slips • Store-n-launch • Season pass parking X-C-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Assistant City Administrator Kelly Murtaugh Date: July 5, 2022 Item: Drop Box Grant Acceptance Discussion Council Actions Requested: Determine acceptance of the 2022 Drop Box Grant Program and installation of a Ballot Drop Box outside City Hall by authorizing signature on the grant program agreement. Background Information: During its 2021 1st Special Session, the Minnesota Legislature, via Chapter 12, Article 1, Section 6, appropriated $2 million to the Office of the Minnesota Secretary of State for grants to local units of government to implement the provisions of Minnesota Statutes, section 203B.082. Minnesota Statutes, section 203B.082, specified the security requirements and standards to establish a 24-hour ballot drop box: • Must be continually recorded during the absentee voting period • Must be designed to prevent unauthorized person from moving, removing, or tampering with the drop box • If placed in an outdoor location must be fastened to a building, bolted to a concrete pad, or otherwise attached to a similarly secure structure • Ballots deposited in a drop box must be secured against access by an unauthorized person or damage due to weather Via the Consent Agenda, Council approved submission of the grant application at the May 16, 2022 meeting. We were recently notified that we were eligible to receive the grant. If the City accepts the grant, as of last week, the availability of the drop box and associated security equipment could be installed prior to the November general election. If availability changes by more than a few weeks, installation for the general election may not be feasible. Notice of the intent to use a ballot drop box would need to be provided to the State 40 days prior to the general election. X-E-01 Dakota County and several cities within the county have decided not to offer ballot drop boxes for the 2022 election season. Several reasons have been cited: staffing levels, Clerk/Deputy Clerk new to the elections process, ballots submitted from other jurisdictions requiring staff time to deliver, difficulty in monitoring, and concerns about challenges to the election process. Financial Impact: The Ballot Drop Box Grant Program does not require municipalities to match any amount of funding to be eligible to receive a grant award amount, but instead provides for reimbursement of actual costs for up to $15,000 per drop box. Our request, based on estimated costs, was for $7400.00 Committee Discussion: NA Attachments: • May 16, 2022 Resolution Authorizing Submission of a Drop Box Grant application. • Draft Drop Box Grant agreement. X-E-01 20 X-E-01 1 STATE OF MINNESOTA 2022 DROP BOX GRANT PROGRAM AGREEMENT This Agreement (hereinafter “Agreement”) is made between the State of Minnesota, (hereinafter, “State”, or “Grantor”) acting through its Secretary of State, 180 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Boulevard, Saint Paul, MN 55155-1299 ("State") and City of Hastings – Dakota County, 101 4th Street East, Hastings, MN 55033 ("Grantee"). Recitals 1 Under Minnesota Laws 2021, First Special Session, Chapter 12, article 1, section 6, Grantor is authorized to distribute funds to political subdivisions for activities authorized by the provisions of Minnesota Statutes, section 203B.082.hereinafter the “state purposes”). Grantee is a political subdivision of the State and thus empowered to apply for the funds requested in this Agreement. Grantee submitted a grant application and State is empowered to enter into this grant. 2 Grantee represents that it is duly qualified and agrees to perform all services described in this Agreement to the satisfaction of State and in accordance with all federal and state laws authorizing this grant. Pursuant to Minn.Stat.§16B.98, Subd.1, Grantee agrees to minimize administrative costs as a condition of this grant. 3 Grantee is responsible for the administration of elections in the area under their jurisdiction. Agreement 1 Effectiveness of Agreement 1.1 Effective date: June 3, 2022, or the date all required signatures, including those required by Minnesota Statutes, § 16B.98, Subd. 5, have been affixed to the agreement by Grantee and State, whichever is later. Grantee agrees to use the funds provided under this agreement only for the authorized state purposes. Grantee submitted, and State approved, a Grant Application, incorporated herein. Per Minnesota Statutes §16B.98 Subd. 7, no payments will be made to Grantee until this Agreement is fully approved and executed, and Grantee has been notified by State’s Authorized Representative that they are in compliance with the terms of this Agreement. 1.2 Expiration date: June 30, 2023, or when all funds have been expended, whichever is later. 1.3 Survival of Terms. The following clauses survive the fulfillment of this Agreement: 2.5. Reporting Requirements; 4. Consideration and Payment; 8. Liability; 9. Audits and Reports; 10. Government Data Practices; 12. Property and Casualty Insurance; 13. Governing Law, Jurisdiction, and Venue; and 14. Data Disclosure. 2 Grantee’s Duties 2.1 Activities. Grantee, who is not a state employee, will comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97,Subd. 4 (a) (1) and will use all funds provided as a result of this Agreement for the authorized state purposes, which are set forth in Recital 1 of this Agreement, and as further set forth in the Grant Application submitted by Grantee, incorporated herein, and attached hereto. The Chief Election Official of Grantee is responsible for fulfilling all requirements of Grantee under this agreement. 2.2 Award. Grantee is hereby awarded $7,400.00 for the state purposes. X-E-01 2 2.3 Expenditures. Grantee will expend the funds only for the state purposes. 2.4 This paragraph is intentionally omitted. 2.5 Reporting Requirements. Grantee shall report to the State as specified in this Agreement. 2.5.1 Progress Reporting. Grantee shall submit, each year, a financial reporting form to State utilizing the format identified by State, stating the amount spent from this grant by Grantee. Grantee shall also list all interest earned on these funds. 2.5.2 Other Requirements. Grantee must maintain financial records for each grant sufficient to satisfy audit standards or other reporting requirements and must transmit those records to the secretary of state upon request of the secretary of state. Grantee must also retain and hold for expenditures only on the state purposes, all interest earned on these funds. Grantee agrees to hold State harmless and to pay any fines or penalties, should the expenditures of Grantee be found to be improper in an audit of any kind. 2.5.3 Evaluation. State shall have the authority to conduct an evaluation of the performance of Grantee. 2.5.4 Requirement Changes. State may modify or change all reporting forms at their discretion. 2.5.5 Special Requirements. The State reserves the right to append to the Agreement terms, at any time before all grant funds have been expended, special administrative requirements deemed necessary to assure Grantee’s successful implementation. The State will notify the Grantee in writing of any special administrative requirements. 2.6 Accounting Requirements - Fiscal Control and Accounting Procedures Grantee’s fiscal control and accounting procedures must be sufficient to: (a) Permit preparation of reports required by this Agreement, (b) Permit the tracing of funds to a level of expenditures adequate to determine that funds have not been used in violation of this agreement, and (c) Support accounting records through source documents, such as: cancelled checks, invoices and paid bills, agreement and sub award documents, and records sufficient to detail history of procurements. 3 Time Grantee must comply with all the time requirements described in this Agreement. 4 Consideration and Payment 4.1 Consideration. The State will make an award to Grantee under this Agreement as follows: (1) Grant Award. Grantee will be awarded the amount listed in paragraph 2.2 of this Agreement. (2) Total Obligation. The total obligation of State to Grantee under this Agreement will not exceed the amount listed in paragraph 2.2 of this Agreement. 4.2 Fiscal Requirements. Grantee shall report to the State as provided by paragraph 2.5 of this Agreement. 4.2.1 Financial Guidelines. Grantee’s eligible expenditures under this Agreement must be specifically incurred by Grantee. Grantee will report on all expenditures pertaining to this Agreement as provided in paragraph 2.5. 4.2.2 Records. Grantee must retain all financial records for a minimum of six (6) years after all funds have been expended, or until completion of an audit which has commenced before the expiration of this six-year period, or until any audit findings and/or recommendations from prior audit(s) have been X-E-01 3 resolved between the Grantee and State, whichever is later, and comply with all other retention and access requirements for records provided in the jurisdiction’s retention schedules. In addition, Grantee must maintain records sufficient to report expenditures made during the term of this Agreement upon request of the State. 4.3 Payment Invoices. State will pay the grant amount to an account of Grantee within 30 days after the effective date of this Agreement. 4.4 Conditions. Grantee is responsible for compliance with all requirements imposed on these funds and accepts full financial responsibility for any requirements imposed by Grantee’s failure to comply with statutory or Agreement requirements. 5 Satisfaction All duties required of and agreements or assurances provided by Grantee in this Agreement must be performed to State’s satisfaction, as determined at the sole discretion of State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. 6 Authorized Representative State's Authorized Representative is David Maeda, Director of Elections, 180 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Boulevard, Saint Paul, MN 55155-1299, 651-556-0612, or his successor, and has the responsibility to monitor Grantee’s performance and compliance with this Agreement. Grantee’s Authorized Representative: Kelly Murtaugh Mailing Address: 101 4th Street East, Hastings, MN 55033 Telephone Number: 651-480-2355 Email Address: kmurtaugh@hastingsmn.gov Grant payment will be made to: City of Hastings – Dakota County Federal ID Number: 41-6005220 Grantee must be registered as a vendor in the SWIFT system, or must provide a W-9 form with this executed agreement, in order for State to register Grantee in the SWIFT system. If Grantee’s Authorized Representative changes at any time before the funds provided for in this Agreement are fully expended, Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Agreement Complete 7.1 Assignment. Grantee shall neither assign nor transfer any rights or obligations under this Agreement without the prior written consent of State, approved by the same parties who executed and approved this Agreement, or their successors in office. 7.2 Amendments. Any amendments to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7.3 Waiver. If State fails to enforce any provision of this Agreement, that failure does not waive the provision or State’s right to enforce it. X-E-01 4 7.4 Agreement Complete. This Agreement contains all negotiations and agreements between State and Grantee. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 8 Liability Grantee must indemnify, save, and hold State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by State, arising from the expenditures of the funds provided by this Agreement by Grantee or Grantee’s agents or employees. Grantee agrees to hold State harmless and to pay any fines or penalties, should the expenditures of Grantee be found to be improper in an audit of any kind. 9 Audits and Reports Under Minnesota Statutes, § 16C.05, subd. 5, and 16B.98, subd. 8, Grantee’s books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the expenditure of all funds provided under this Agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. In addition, Grantee must report expenditures made during the term of this Agreement upon request of the State, and must make the reports described in this agreement stating expenditures during the current or most recently ended periods as directed by State. 10 Government Data Practices Grantee and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes, Ch. 13, as it applies to all data provided by the State under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by Grantee under this Agreement. The civil remedies of Minnesota Statutes, § 13.08 apply to the release of the data referred to in this clause by either Grantee or State. 11 Workers’ Compensation Grantee certifies that it is in compliance with Minnesota Statutes, § 176.181, subd. 2, pertaining to workers’ compensation insurance coverage. Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Property and Casualty Insurance Grantee is required to maintain a property and casualty insurance policy covering "All Risk" (or equivalent) of direct physical loss or damage, including, but not limited to, the perils of transit (if applicable), theft, and flood for devices or systems acquired using funds granted under the Agreement. The insurance limit shall be equal to the replacement cost of any equipment purchased with funds from this grant. Any deductible shall be the sole responsibility of Grantee. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this Agreement. Venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Data Disclosure Under Minnesota Statutes, § 270.66, and other applicable law, Grantee consents to disclosure of its social X-E-01 5 security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring Grantee to file state tax returns and pay delinquent state tax liabilities, if any, or pay other state liabilities. 15 Termination State may immediately terminate this Agreement with or without cause, upon 30 days’ written notice to Grantee. Grantee may terminate this agreement by returning all unexpended funds to State upon 30 days written notice to State. Reporting requirements will continue as necessary to complete reporting for the period in which the funds are returned. No partial return of funds is permitted under this agreement. 16 Grantee Procurement Grantee certifies that it will use the procurement processes applicable in Grantee’s jurisdiction in purchasing items or equipment with funds subject to this Agreement. 1. ENCUMBRANCE VERIFICATION 3. STATE (Office of the Secretary of State) Individual certifies that funds have been encumbered as required by Minnesota Statutes, §§ 16A.15 and 16C.05. By: ____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: Director of Elections___________________________ Date: _______________________________________________ Date: _ ___________________________________________ Agreement No. ____________________________ 2. GRANTEE (Local Jurisdiction) Grantee certifies that the appropriate person(s) have executed the Agreement t on behalf of Grantee as required by applicable resolutions or ordinances. By: ________________________________________________ Title: ______________________________________________ Date:_______________________________________________ By: ________________________________________________ Title: ______________________________________________ Date: _______________________________________________ Distribution: Grantee State’s Authorized Representative X-E-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: Item: Council Action Requested: Approve the first reading for the purposes of considering a proposed amendment to City Code Chapters 111,94.05, and 34 regarding alcoholic beverages. Background Information: Governor Walz signed the Omnibus Liquor Bill into law in May, 2022. In response, Staff is asking for Council to consider amending City Code in several Chapters to allow new liquor licenses as written in the Omnibus Liquor Bill. The bill allows a municipality to expand liquor licensing as follows: • Allowing a brewer licensed under Minnesota Statutes, section 340A.301 that produces 7,500 barrels or less of malt liquor annually to be issued a license by a municipality for off-sale of up to 128 ounces per customer per day. • Allowing growler sales by breweries that produce as many as 150,000 barrels annually, up from the previous limit of 20,000 barrels. • Allowing a municipality to issue an on-sale wine and an on-sale malt liquor license to a baseball team competing in a league established by the Minnesota Baseball Association, or to a person holding a concessions or management contract for beverage sales at a ballpark for the purposes of summer town ball games. • Allowing a municipality to issue the holder of a microdistillery license or distilled spirits manufacturer license a microdistillery or distilled spirits manufacturer cocktail license. • Allowing a municipality to issue an on-sale intoxicating liquor license to resorts as defined in Minnesota Statutes, section 157.15, subdivision 11. • Allowing a municipality to issue special permits for service of alcohol through extended hours associated with the FIFA Women’s World Cup competition and FIFA World Cup competition. Additional edits to this ordinance are in an effort to streamline, clarify, or include language from related ordinances. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Ordinance Amendment X-E-02 July 5, 2022 Approve First Reading of the Proposed Amendment to City Code Regarding Alcoholic Beverages ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING VARIOUS PROVISIONS OF HASTINGS CITY CODE CHAPTER 111, 94.05 AND CHAPTER 34 REGARDING ALCOHOLIC BEVERAGES The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.04 Types of Licenses shall be amended as follows: 111.04 Types Of Licenses A. Generally. The following licenses may be issued after compliance with this chapter and state law. B. Specifically. 1. On-sale intoxicating liquor license. On-sale intoxicating liquor licenses shall be issued only to restaurants, brew pubs, and hotels and resorts, where food is prepared and served for consumption on the premises and shall permit the on-sale of intoxicating liquor or wine, if approved by the City Council. 2. On-sale 3.2% malt liquor license. On-sale 3.2% malt liquor licenses may be issued only to clubs, restaurants, and hotels where food is prepared and served for consumption on the premises and to baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purpose of summer town ball games. On-sale 3.2% malt liquor licenses shall only permit the sale for consumption on the premises. 3. On-sale wine license. a. On-sale wine licenses may be issued for the sale of wine not exceeding 14% alcohol by volume, for consumption on the licensed premises only, in conjunction with the sale of food. An on-sale wine license may be issued only to a restaurant having facilities for seating at least 25 guests at one time. b. The city may issue an on-sale wine license to a state-licensed bed and breakfast facility for sale only to registered guests of the facility. c. On-sale wine licensees who also hold an on-sale 3.2% malt liquor license, and whose gross receipts are at least 60% attributable to the sale of food, are authorized to also sell intoxicating malt liquor at on-sale. The license X-E-02 holders, as a further condition of their license, must provide to the city, upon demand, the documentation that the city deems to be necessary to demonstrate the amount of annual sales related to food. License holders who sell intoxicating malt liquor must further comply with all insurance requirements imposed by city code and state statute for the on-sale of intoxicating liquor. c.d. On sale wine licenses may be issued to baseball teams competing in a league established by the Minnesota Baseball Association or to a person holding a concessions or management contract for beverage sales at a ballpark for the purpose of summer town ball games. 4. Club license. Club on-sale intoxicating liquor licenses shall be issued only to clubs which have been in existence for 3 years or more and which meet requirements of M.S. Chapter 340A, as it may be amended from time to time; or to congressionally chartered veterans’ organizations which have been in existence for 3 years or more, and which meet the requirements of M.S. Chapter 340A, as it may be amended from time to time. 5. Sunday liquor license. On-sale Sunday liquor licenses shall be issued only to hotels, restaurants, microdistilleries, or clubs which have facilities for serving food to not less than 30 guests at one time and which have been issued an on-sale intoxicating liquor license, on-sale brew pub license, or on-sale cocktail room license. On-sale Sunday liquor licenses may be issued to brewery taprooms which have been issued an on-sale brewery taproom license. Brew pubs holding a valid off-sale brew pub license may sell off-sale on Sundays during the hours allowed for Sunday off-sale of intoxicating malt liquor produced on-site and shall be subject to all conditions and restrictions contained in M.S. § 340A.24. Small brewers holding a valid off- sale brewery taproom license may sell off-sale on Sundays during the hours allowed for Sunday off-sale of intoxicating malt liquor produced on-site and shall be subject to all conditions and restrictions contained in M.S. § 340A.28 and M.S. § 340A.285. 6. Bottle club license. Bottle club licenses may be issued to establishments as allowed by M.S. Chapter 340A, as it may be amended from time to time, for the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing with intoxicating liquor. This provision shall not apply to any person or premises otherwise licensed by the city for the sale of intoxicating liquor. 7. Off-sale intoxicating liquor license. Off-sale intoxicating liquor licenses may be granted for the off-sale of intoxicating liquor. 8. Off-sale 3.2% malt liquor license. Off-sale 3.2% malt liquor licenses shall permit only the sale of 3.2% malt liquor at retail, in the original package, for consumption off the premises. X-E-02 9. Temporary on-sale intoxicating liquor license. A temporary on-sale intoxicating liquor license may be granted as provided herein. a. Applicant. A club or charitable, religious, or nonprofit organization, duly incorporated as a nonprofit or religious corporation under the laws of Minnesota, and having its registered office and principal place of activity within the city, may qualify for a temporary on -sale intoxicating liquor license in connection with a social event within the city, sponsored by the applicant. b. Term. The city may authorize the on-sale of intoxicating liquor for not more than 3 consecutive days, and may authorize sales on premises other than premises the applicant owns or permanently occupies. c. Insurance. No temporary on-sale intoxicating liquor license shall be issued for the sale of liquor until the applicant provides the city with proof of liability insurance in the minimum amounts required by M.S. Chapter 340A, as it may be amended from time to time, now in effect. An applicant for a temporary on-sale liquor license for the sale of wine only shall not be required to provide the city with proof of liability insurance. d. Other restrictions. Any temporary license issued under this chapter is subject to all state laws and rules, and city ordinances governing the sale of intoxicating liquor. All temporary licenses issued by the city under this chapter shall not be valid until approved by the Commissioner of Public Safety of the State of Minnesota. 10. Temporary on-sale 3.2% malt liquor license. a. Applicant. A club or charitable, religious, or nonprofit organization, duly incorporated as a nonprofit or religious corporation under the laws of Minnesota, and having its registered office and principal place of activity within the city, may qualify for a temporary on-sale 3.2% malt liquor license. b. Other restrictions. The applicant for a temporary on-sale 3.2% malt liquor license shall comply with all other state laws and rules and city ordinances governing the sale of 3.2% malt liquor within the city. c. Certificate of insurance. A certificate of insurance evidencing liquor liability (dram shop) coverage as outlined in § 111.09. (Prior Code, § 3.4) Penalty, see § 10.99 11. On-sale brew pub license. On-sale brew pub licenses may be issued for a restaurant operated in the place of manufacture and shall be subject to all conditions and restrictions contained in M.S. § 340A.24. A brew pub holding a valid on-sale X-E-02 intoxicating liquor license need not also obtain an on-sale brew pub license for on- sale of malt liquor produced on-site provided all such sales and operations shall be subject to all conditions and restrictions contained in M.S. § 340A.24. 12. Off-sale brew pub license. Off-sale brew pub licenses may be issued to brew pubs holding a valid on-sale brew pub license and shall be subject to all conditions and restrictions contained in M.S. § 340A.24 and M.S. § 340A.285. 13. On-sale brewery taproom license. On-sale brewery taproom licenses may be issued for the on-sale of malt liquor produced by the brewer for consumption on the premises of or adjacent to one brewery location owned by the brewer and shall be subject to all conditions and restrictions contained in M.S. § 340A.26. 14. Off-sale brewery taproom license. Off-sale brewery taproom licenses may be issued to small brewers subject to all conditions and restrictions contained in M.S. § 340A.28 and M.S. § 340A.285. 15. Off-sale microdistillery license. Off-sale microdistillery licenses may be issued to microdistilleries for the off-sale of one 375 750 milliliter bottle per customer per day of product manufactured on-site and shall be subject to all conditions and restrictions contained in M.S. § 340A.22. 16. On-sale cocktail room license. On-sale cocktail room licenses may be issued to microdistilleries or distilled spirits manufacturing licensees, for the on-sale of distilled liquor produced by the distiller for consumption on the premises of or adjacent to one distillery location owned by the distiller and shall be subject to all conditions and restrictions contained in M.S. § 340A.22. 16.17. Off-sale malt liquor small brewer licenses. A small brewer off-sale malt liquor license may also be issued, with approval of the commissioner, to a holder of a brewer’s license under Minn. Stat. § 340A.301, subd. 6(c), (i) or (j) and meeting the criteria established by Minn. Stat. § 340A.29 as may be amended from time to time. The amount of malt liquor sold at off-sale under this license may not exceed 128 ounces per customer per day. The malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time. Packaging of malt liquor for off-sale under this license must comply with the provisions of Minnesota Rules, parts 7515.1080 to 7515.1120. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.05 J. License Applications for Sidewalk Cafés and Parklets shall be amended as follows: J. Applications For Sidewalk Cafés and Parklets. 1. Any restaurant issued a license under this chapter may also apply for a sidewalk café or parklet license pursuant to Chapter 110 90 to expand the operation of that X-E-02 restaurant onto a part, and only that part, of the public sidewalk or parking area that is compact and contiguous with the licensed premises in the manner authorized by and subject to the restrictions of this chapter and Chapter 110 90 for sidewalk cafés and parklets. 2. An application for a sidewalk café may be submitted at the time of making an initial application or renewal application for a license under this chapter, or at any other time. 3. An applicant for a sidewalk café license shall file a sidewalk caféan application pursuant to Chapter 110 90 on forms provided by the City Clerk which shall include, in addition to other information required by the City, all additional information required of applicants who intend to serve alcohol within the sidewalk café or parking area. 4. While a licensee under this chapter also holds a valid and unsuspended sidewalk café or parklet license under Chapter 110 90 for the same licensed premises, the licensee’s license to serve liquor, wine or beer shall extend to the compact and contiguous space licensed under the sidewalk café or parklet license. No licensee shall serve, or allow to be served, liquor, wine or beer within any sidewalk cafédesignated areas while the applicable sidewalk café licenses or license issued under this chapter is expired, suspended or revoked. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.05 shall be amended as follows: K. Applications for World Cup Permit. On-sale intoxicating liquor license holders and 3.2 percent malt liquor license holders may apply for a special permit for service of alcohol during extended hours during a live broadcast of a World Cup match. The permit authorizes the sale of alcoholic beverages for up to 30 minutes before, during and up to 30 minutes after a broadcast of a live World Cup match. This special permit expires Sept 1, 2023. SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.06 License Fees shall be amended by adding a new license as follows: 19. Off-sale malt liquor small brewer license. The annual fee for an off-sale malt liquor small brewer license will be established by ordinance. SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.11.A. Hours and Days of Sale shall be amended as follows: A. Generally. Liquor licenses issued under this chapter are subject to the hours and days of sale as outlined in M.S. § 340A.504, as applicable, and as it may be amended from time to time or as allowed by a special license or permit issued by the Council for a live World X-E-02 Cup broadcast. Hours and days not specified in state statute will be set by Council resolution. The closing hours listed below are assuming the licensee has obtained the necessary approvals from the state for a 2:00 a.m. closing. If required approvals are not received, then the closing shall be at 1:00 a.m. for closing times listed in divisions (B), (C)(1), and (C)(2) below. SECTION 6. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 111.25 Consumption of Beer or Liquor on Streets and Public Property shall be amended as follows: 111.25 Consumption Of Beer Or Liquor On Streets And Public Property Except as hereinafter provided, it is unlawful for any person to consume or to possess in an unsealed container, beer or liquor, as those terms as defined in this code, on any street or other public property except within licensed sidewalk cafés or parklets or city parks during the hours when the parks are open to the public or except when specifically prohibited by other ordinance of the City of Hastings as to particular parks. Provided, that this section shall not apply to the possession of an unsealed container in a motor vehicle on streets or public property when the container is kept in the trunk of the vehicle if it is equipped with trunk, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the motor is not equipped with a trunk. For the purpose of this section, a utility or glove compartment shall be deemed to be within the same area occupied by the driver or passengers. Provided, further, that the City Council may grant, at its sole discretion, permits for the conduct of single occasions of variance from the terms of this section to bona fide, nonprofit civic organizations having their principal place of business within the City of Hastings for the sole purpose of allowing community civic festivals and celebrations and entertainment in connection therewith. The permits shall be issued only for a particularly designated street or public way and shall be valid for the activities only within the area so limited by the terms of the permit. The permit shall be issued only upon due application to the City Council, through its clerk, no less than 30 days prior to the anticipated date of use of the permit by the organization, and shall be accompanied by the information and material concerning the proposed use of the permit from the organization as the City Council, through its Clerk, shall deem appropriate. The Council may, at its sole and exclusive discretion, impose the conditions the limitations upon the uses allowed under the permit for the protection of the public health, safety, and welfare. SECTION 7. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 94.05 Additional Unlawful Acts in Parks shall be amended as follows: A. Build or maintain a recreational fire in any park except in places or facilities provided; B. Drive or operate any motorized vehicle of any type whatsoever in any area of a park other than parking lots and designated roadways, it being specifically prohibited hereby to operate any motorized vehicles on any bicycle path, hiking trail, or walkway; C. It is unlawful for any person to consume or be in possession of intoxicating liquor in any City park at any time. It is unlawful for any person to consume or be in possession of X-E-02 intoxicating malt liquor, wine or 3.2% malt liquor, wine or 3.2% malt liquor in any City park between the hours of 10:00 p.m. and 8:00 a.m.; the following provisions also apply: 1. Veterans Athletic Complex where possession or consumption of intoxicating liquor is prohibited at all times, however; wine or intoxicating malt liquor shall be permitted between the hours of 8:00 a.m. and 11:00 p.m. Such hours may be extended if conducted in conjunction with an on-sale wine or 3.2 malt liquor license issued for a town ball game, pursuant to City Code Section 111.04.B. 2. Special Events in any City park; sales, possession or consumption of intoxicating liquor is prohibited at all times, however; wine or intoxicating malt liquor shall be permitted between 8:00 a.m. and 11:00 p.m. when such sales, possession and consumption are in conjunction with the issuance of a temporary on-sale wine and beer liquor license issued to a qualified entity as part of a community wide festival; such sale, possession and consumption is in a confined area approved by the City Council; and in compliance with all other conditions the council reasonably deems necessary to protect the public health, safety and welfare. SECTION 8. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 34 Fees shall be amended by adding the following fees under “Liquor License”: World Cup Special Permit $250.00 Off-sale license fee (includes Brew Pub, Brewery Taproom, Microdistillery, Small Brewer) SECTION 9. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to allow legislatively authorized licenses for town ball baseball games, live broadcast of World Cup soccer, a new off-sale malt liquor small brewer license, and authorization to issue intoxicating liquor licenses to resorts, as well as other minor clarifications of the liquor ordinances. SECTION 10. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022. Mary Fasbender, Mayor X-E-02 Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. X-E-02