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HomeMy WebLinkAbout20221121 - 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, November 21, 2022 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on November 7, 2022 and special meeting of November 15, 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.Approve Pay Estimate No. 5 for the 2022 Neighborhood Infrastructure Improvements – Danner, Inc. ($622,217.95) 3.Approve Pay Estimate No. 6 for the Public Works Storage Building – Ebert Construction ($322,107.75) 4.Resolution: Approve Pay Estimate No. 3 (Final) for the 2022 Mill & Overlay Program – Minnesota Paving & Materials ($11,853.93) 5.2022 3rd Quarter Financial Statements 6.Approve 2023 Dakota County Drug Task Force (DCDTF) Contract Amendment 7.1st Reading of Ordinance Amendment Regarding Special/Non-Routine Services 8.Resolution: Certify Delinquent Utilities to Dakota County 9.1st Reading of Ordinance Establishing Arts & Culture Commission 10. Approve MOU LELS Patrol Officers—Vacation Bidding 11. Approve MOU LELS Patrol Officers – Lateral Hiring 12. Resolution: Approve Water Line Agreement and Authorize Assessment - Pahl 13. Resolution: Approve Water Line Agreement and Authorize Assessment – Benedict 14.Resolution: Adopt Deferred Assessment for the 2022 Neighborhood Infrastructure Improvements – Park Lane 15. Resolution: Approve All-Hazard Mitigation Plan 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. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Variance – Monument Sign – The Confluence (200 2nd Street West) D. Public Safety E. Administration XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, December 5, 2022 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes November 7, 2022 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 7, 2022 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Leifeld, and Vaughan Members Absent: Councilmember Lund Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Korine Land Community Development Director John Hinzman Certificate of Appreciation – Planning Commissioner Kyle Romens. MNDOT Hwy 316 Project Wrap-Up, Bryant Ficek Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City Council meeting on October 17, 2022. Minutes were approved as presented. Consent Agenda Councilmember Folch motioned to approve the Consent Agenda as presented, seconded by Councilmember Fox. 6 Ayes, 0 Nays 1. Pay Bills as Audited 2. Resolution No. 11-01-22: Accept Donation to the Parks and Recreation Department from Hastings Area Businesses and Individuals 3. Resolution No. 11-02-22: Accept Donation to City Arts Task Force from Area Businesses 4. Authorize Signature: Dakota County Community Waste Abatement Grant Program 5. Authorize Signature: Agreement for Professional Services – Guardian Inspections 6. Authorize Signature: Agreement for Professional Services – Stensland Inspections 7. Resolution No. 11-03-22 and No. 11-04-22: Extend Preliminary and Final Plat Approval – Siewert Apartments (3rd & Tyler) 8. Approve Pay Estimate No. 3 for the 4th Street Water Tower Reconditioning Project – G&L Sandblasting and Coatings, LLC ($88,112.50) 9. Approve Assessment Abatement for 2022 Neighborhood Infrastructure Improvement Project 10. Approve Traffic and Lighting Infrastructure Maintenance Agreement Between the Cities of Saint Paul and Hastings 11. Declare Surplus Property and Authorize Sale: Public Works Department 12. Resolution No. 11-05-22: Approve Hastings Social, LLC dba Hastings Tavern & Alley Cat Liquor Outdoor Tent Event with Liquor License Amendment 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 13. Public Works Director Intek Plastics – 1000 Spiral Blvd. – Public Hearing: Business Subsidy for Sale of Land & Resolution No. 11-05-22: Approving Sale of Property, Purchase Agreement, and Business Subsidy Agreement. Hinzman provided an overview of the request to approve sale of property and related Purchase Agreement and Business Subsidy Agreements for the sale of land to Intek Plastics in support of their 60,200- sf building expansion. The 3.1-acre parcel is generally located west of Enterprise Avenue between Cranky Ape and the Water Tower (PID 19-32002-01-021). Mayor Fasbender opened the public hearing at 7:38 p.m. Mayor Fasbender closed the public hearing at 7:38 p.m. No Council discussion. Councilmember Folch motioned to approve as presented, seconded by Councilmember Fox. 6 Ayes, 0 Nays Foth: Commercial Recycling Study Wietecha provided an overview of the request. Council is asked to approve the Master Agreement and Project Agreement for Services with Foth Infrastructure & Environment to conduct the 2022-2023 Commercial Waste Characterization Study. Approval would be subject to minor changes prior to final signature. Wietecha explained the City has received an incentive/grant from Dakota County. Council discussion on the excitement of the study. Folch shared her support for the study and the importance to track our progress into the future. Folch shared she was hoping there would be a stronger emphasis on organics composting. Councilmember Folch motioned to approve as presented, seconded by Councilmember Braucks. 6 Ayes, 0 Nays. Resolution: No. 11-08-22 Site Plan – Therapy OPS (1312 South Frontage Road) Hinzman shared an overview of the request to adopt a resolution to approve the Site Plan request to construct a commercial therapy building for Therapy OPS. Therapy OPS provides occupational, physical, and speech therapy services. No Council discussion. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. 6 Ayes, 0 Nays. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Fire Relief Association: Resolution No. 11-07-22 Opting to Join the Statewide Volunteer Firefighter Plan Wietecha provided an overview of the request to approve the Resolution Opting to Join the Statewide Volunteer Firefighter Plan and set the benefit level at $11,000 per year of service. Wietecha reviewed the discussion by the Finance Committee and the calculation behind their benefit level recommendation. Council discussion on the request received by the Finance Committee of Council. Councilmember Folch shared the changes that were discussed and hoping these changes strengthen and help development of the Fire Department. Councilmember Vaughan shared the importance of these discussions and the vitality of the department to the community. Councilmember Braucks asked for clarification on who the guarantor is with these changes. Councilmember Vaughan clarified the City is the guarantor. Councilmember Vaughan motioned to approve as presented, seconded by Councilmember Folch. 6 Ayes, 0 Nays. Announcements • City Offices will be closed Friday, November 11 in recognition of Veterans Day. • If you’re looking at ways to give back to the community this holiday season, the Hastings Police Department is now a drop site for the 75th Anniversary Toys for Tots campaign. Through December 18, during regular business hours, the Police Department will be collecting brand new, unwrapped toys (such as books, board games, arts and craft projects) as gifts for children all over the Twin Cities. • One Pill Can Kill – The Fentanyl Crisis series at Our Saviour’s Lutheran Church. See the United Way website for details. • Representative Tony Jurgens is hosting a community forum on homelessness to be livestreamed by HCTV on November 16. • Tuesday, November 8 is Election Day. Meetings • Arts Task Force Meeting on Wednesday, November 9, 2022 at 6:00 p.m. • HEDRA on Thursday, November 10, 2022 at 6:00 p.m. • Planning Commission Meeting on Monday, November 14, 2022 at 7:00 p.m. • Heritage Preservation Commission on Tuesday, November 15, 2022 at 7:00 p.m. • Public Safety Advisory Commission Meeting on Thursday, November 17, 2022 at 6:30 p.m. • City Council Regular Meeting on Monday, November 21, 2022 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 8:02 PM, seconded by Councilmember Braucks. Ayes 7; Nays 0. ____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor 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 Minutes November 15, 2022 The City Council of the City of Hastings, Minnesota met in a special meeting on Tuesday, November 15, 2022 at 4:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Braucks, Folch, Fox, Vaughan. Members Absent: Councilmembers Leifeld and Lund. Staff Present: City Administrator Dan Wietecha, Assistant City Administrator Kelly Murtaugh Resolution 11-09-22 Resolution to Canvass the Results of the November 8, 2022 General Election Murtaugh provided some background information on the recent election, noting that it was very busy with a 69% turnout. Murtaugh provided data about the number of voters on election day (8075) and via absentee voting (2372). She expressed appreciation for the many staff and election judges who helped execute a successful election process. Moved by Councilmember Vaughan, seconded by Councilmember Braucks to approve the resolution as presented. 5 ayes, Nays, none. Adjourn Motion to adjourn the meeting was made by Councilmember Fox, seconded by Councilmember Vaughan. Meeting was adjourned at 4:49 p.m. ____________________________ ______________________________ Mary Fasbender, Mayor Kelly Murtaugh, City Clerk City Council Memorandum To: Mayor Fasbender & City Council Members From: Ashley Bertrand – Assistant Finance Manager Date: 11/17/2022 Item: Disbursements Council Action Requested: Staff requests: Council review of October 2022 CenterPoint & Xcel payments. Council review of weekly routine disbursements issued 11/15/2022. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/22/2022. 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: October 2022 Xcel Payments $ 50,268.91 October 2022 CenterPoint Payment $ 6,114.76 Disbursement Checks, EFT on 11/15/2022 $ 291,458.25 Disbursement Checks & EFT to be issued on 11/22/2022 $ 1,332,150.69 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 3,135.64 27-Oct 101-140-1403-6343 51-6960208-0 2,050.67 10-Oct 101-140-1404-6343 51-8110141-1 481.40 11-Oct 101-140-1407-6343 51-6960219-3 67.06 7-Oct 101-201-2016-6343 51-6960210-4 172.75 11-Oct 101-300-3100-6343 51-6960210-4 863.77 11-Oct 101-301-3200-6343 51-0011278454-9 87.53 10-Oct 101-302-3201-6343 51-0263715-0 583.21 12-Oct 101-302-3201-6343 51-6960218-2 15,387.68 19-Oct 101-302-3201-6343 51-0010048093-4 16.94 10-Oct 200-401-4440-6343 51-0011082067-5 340.78 9-Sep 200-401-4440-6343 51-6960215-9 1,337.56 7-Oct 200-401-4440-6343 51-6960220-6 1,412.98 7-Oct 200-401-4447-6343 51-6960209-1 375.96 27-Oct 201-401-4240-6343 51-6960214-8 1,402.53 7-Oct 213-210-2100-6343 51-7216831-9 587.77 10-Oct 220-450-4160-6343 51-6960210-4 691.02 11-Oct 600-300-3300-6343 51-6960216-0 14,290.47 28-Oct 600-300-3300-6343 51-6960216-0 5,217.02 28-Oct 600-300-3302-6343 51-6960217-1 1,766.17 7-Oct 601-300-3400-6343 TOTAL 50,268.91 XCEL AUTOMATIC PAYMENTS Oct 2022 Payments VIII-01 Dept.Account #Amount Police 101-140-1403-6345 110.83 City Hall 101-140-1404-6345 177.57 City Storage 101-140-1407-6345 61.60 Alt Learning Ctr 101-401-4143-6345 30.63 Parks 200-401-4440-6345 274.20 Jt Maint 200-401-4447-6345 73.94 Pool 201-401-4240-6345 3,555.67 Fire 213-210-2100-6345 160.20 Le Duc 220-450-4160-6345 61.60 Water 600-300-3300-6345 145.95 Water 600-300-3302-6345 23.52 Garage 601-300-3400-6345 65.32 Arena 615-401-4103-6345 1,373.73 Total 6,114.76 CENTERPOINT ENERGY October 2022 Payment VIII-01 11-16-2022 12:11 AM Council Report NOV 15TH PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 812.30 AUG 2022 LIFE INS PREMIUM 4.90 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 223.62 NOV 2022 VISION PREMIUM 6.10_ TOTAL: 1,046.92 COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 34.30_ TOTAL: 34.30 ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 22.10 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 4.90_ TOTAL: 27.00 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 13.35 DEC 2022 LTD PREMIUM 47.03 MINNESOTA OCCUPATIONAL HEALTH DRUG SCREENING 128.00 DRUG SCREENING 297.00 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 14.70 AUG 2022 LIFE INS PREMIUM 4.17_ TOTAL: 504.25 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 56.87 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 14.70_ TOTAL: 71.57 FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 12.13 HOMETOWN ACE HARDWARE FD PAINT ROLLER SUPPLIES 30.92 FC MISC. SUPPLIES 19.77 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 4.17 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 71.81 ECOLAB PEST ELIMINATION DIVISION PD COCKROACH 90.28 FD RODENT PROGRAM 76.04 ELECTRO WATCHMAN, INC C.H. ADD, CHANGED PASS CO 25.00 TERRYS HARDWARE, INC. FC MISC ITEMS 42.24_ TOTAL: 372.36 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 19.03 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 4.90_ TOTAL: 23.93 I.T. GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 50.70 SHI INTERNATIONAL CORP CREATIVE CLOUD-ALL APPS-ER 1,009.20 INDESIGN-DAWN SKELLY 427.40 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 14.70_ TOTAL: 1,502.00 POLICE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 616.94 MARIE RIDGEWAY LICSW LLC EMPLOYEE CONSULT 150.00 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 171.45 HOLIDAY STATIONSTORES LLC OCT 2022 CAR WASHES 78.00 DAKOTA 911 DCC FEE/2022 DEC 17,261.34 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 4,230.89 HASTINGS FORD REPAIRS TO SQUAD 1440 716.00 SQUAD 1411 REPLACEMENT 36,204.88 STREICHERS LIGHT FOR RIFLE 177.98_ TOTAL: 59,607.48 VIII-01 11-16-2022 12:11 AM Council Report NOV 15TH PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 81.33 DEC 2022 LTD PREMIUM 14.77 KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 2,246.40 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 24.50 AUG 2022 LIFE INS PREMIUM 4.90 MISCELLANEOUS V ONE HOUR PARTIAL RFD-PERMIT MC2022- 56.25 ONE HOUR PARTIAL RFD-PERMIT E2022-4 37.50 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 236.39_ TOTAL: 2,702.04 PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 41.01 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 14.95 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 214.06_ TOTAL: 270.02 PUBLIC WORKS STREETS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 69.73 NAPA AUTO PARTS SCREWS 8.54 SPIN CITY LAUNDROMAT, LLC. LAUNDER RAGS 20.00 CONFLUENCE DEVELOPMENT, LLC CONDUIT REPAIR 207.55 Q2 UTILITIES 97.73 LANDSCAPING 36.52 ELECTRIC REPAIRS 73.00 MAYFLY CLEANUP 9.24 XCEL ENERGY 7/12-8/10/2022 88.04 RAMP MAINTENANCE 106.26 OUTLET REPLACEMENT 24.35 XCEL ENERGY 8/10-9/11/22 115.02 RAMP MAINTENANCE 32.34 XCEL ENERGY 9/11-10/10/22 133.31 Q3 UTILITIES 60.10 RECON AUTO PARTS BLEACH, SOLVENT, BLADES 275.85 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 19.11 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 3,990.65 RDO CONSTRUCTION EQUIPMENT CO. FILTER ELEMENTS, SENSOR 130.11 VIKING AUTOMATIC SPRINKLER PW ANNUAL SPRINKLER TESTIN 395.00_ TOTAL: 5,892.45 PUBLIC WORKS STR. LIGH GENERAL VAN METER INC LIGHTING PARTS 86.27 DAKOTA ELECTRIC ASSN ELECTRIC 2,990.24_ TOTAL: 3,076.51 PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 NOV SR CENTER/TILDEN COST 2,500.00_ TOTAL: 2,500.00 NON-DEPARTMENTAL PARKS STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 217.26 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 12.20_ TOTAL: 229.46 PARKS & RECREATION PARKS CITY OF ROSEMOUNT SOLID WASTE COORDINATOR 8,577.90 TENNIS SANITATION, L.L.C. 30 YARD DROP/TAKE CONST.-2 603.00 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 151.72 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 53.90 NINE EAGLES PROMOTIONS DE VILLERS - CLOTHING 324.00 TERRYS HARDWARE, INC. JM ROOFTOP EXHAUST PARTS 17.29_ TOTAL: 9,727.81 VIII-01 11-16-2022 12:11 AM Council Report NOV 15TH PYMTS, 2022 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 1.70_ TOTAL: 1.70 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 2.36 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 0.74_ TOTAL: 3.10 NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 8.39_ TOTAL: 8.39 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 4.49 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 1.23_ TOTAL: 5.72 NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 386.01 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 91.36_ TOTAL: 477.37 FIRE FIRE & AMBULANCE IMAGE TREND, INC. MONTHLY FEE 675.00 PHASE 2 MONTHLY HOSTING FE 281.39 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 61.96 NAPA AUTO PARTS STATION SUPPLIES 0.50 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 18.86 DAKOTA 911 DCC FEE/2022 DEC 8,630.66 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 1,564.16 EMERGENCY APPARATUS MAINT REPAIR TO ENGINE 4 3,033.87 JEFFERSON FIRE & SAFETY INC HOLMADRO ICUTTER/SPREADER 23,036.00 ZEP MANUFACTURING CO. CLEANING SUPPLIES 174.07_ TOTAL: 37,476.47 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 251.20 NAPA AUTO PARTS BATTERY FOR AMBULANCE 324.22 McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 87.59 MEDICAL SUPPLIES 70.30 EXPERT BILLING, LLC ELECT AMB BILLING OF 178 B 4,984.00 DANIELS HEALTH HAZ WASTE 179.62 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 79.13 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 619.38 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 1,643.12 LINDE GAS & EQUIPMENT INC. OXYGEN 1,273.59 OXYGEN 163.93 OXYGEN 188.65 ZOLL MEDICAL CORP MEDICAL SUPPLIES 1,035.00 MEDICAL SUPPLIES 207.00_ TOTAL: 11,106.73 NON-DEPARTMENTAL LEDUC HISTORIC EST STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 2.88_ TOTAL: 2.88 LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 2.14 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 0.74 KANE MECHANICAL LLC LD AC UNIT & EVAP COIL 6,237.50_ TOTAL: 6,240.38 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 13.54_ TOTAL: 13.54 VIII-01 11-16-2022 12:11 AM Council Report NOV 15TH PYMTS, 2022 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 34.63 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 8.58_ TOTAL: 43.21 DEBT 2013 GO IMPROVEMEN COMPUTERSHARE TRUST CO. 2013B FISCAL AGENT FEE 750.00_ TOTAL: 750.00 DEBT 2017 G O DEBT GOVERNMENT CAPITAL SECURITIES CORP 2017A ARBITRAGE 6,050.00_ TOTAL: 6,050.00 DEBT 2020A GO DEBT U.S. BANK 2020A FISCAL AGENT FEE 500.00_ TOTAL: 500.00 NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 86.79 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 19.80 MISCELLANEOUS V DERRICK CUSTOM HOMES 3/4" WATER MTR W/MXU SALES 22.80_ TOTAL: 129.39 PUBLIC WORKS WATER HAWKINS INC CHLORINE 861.77 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 71.49 CORE & MAIN LP METER RETROFIT KIT 773.59 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 26.66 MISCELLANEOUS V DERRICK CUSTOM HOMES 3/4" WATER METER W/MXU 320.00 DAKOTA COUNTY TREAS-AUDITOR SEPT 2022 FUEL 1,729.10 ELECTRO WATCHMAN, INC PANEL UPDATES 25.00 GOPHER STATE ONE-CALL INC LOCATES - OCTOBER 294.30 MN RURAL WATER ASSOC. ASSOCIATE MEMB EQUIP FUND 350.00_ TOTAL: 4,451.91 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 62.66 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 15.30_ TOTAL: 77.96 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 50.98 NAPA AUTO PARTS GASKETS, ADHESIVE 25.99 GASKET CREDIT 12.86- STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 18.77 W.W. GRAINGER, INC. SPRING CHECK VALVE 11.19 MCES WASTEWATER SERVICES - DEC 132,886.01_ TOTAL: 132,980.08 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 84.10 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 8.86_ TOTAL: 92.96 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 53.05 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 16.07_ TOTAL: 69.12 NON-DEPARTMENTAL ARENA CITY OF HASTINGS CASH FOR HIGH SCHOOL GAMES 250.00 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 13.04_ TOTAL: 263.04 PARKS & RECREATION ARENA O'REILLY AUTOMOTIVE BATTERY CABLE 8.99 WATSON COMPANY CONCESSION SUPPLIES, FUEL 545.12 CONCESSION SUPPLIES FUEL 297.80 VIII-01 11-16-2022 12:11 AM Council Report NOV 15TH PYMTS, 2022 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ RETURN, CREDIT 258.81- CONCESSION SUPPLIES FUEL 587.55 CONCESSION SUPPLIES FUEL 291.80 HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 38.63 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 30.86 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 9.80 R & R SPECIALTIES, INC. BLADE SHARPENING 110.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 999.85 TERRYS HARDWARE, INC. HARDWARE 47.26_ TOTAL: 2,708.85 NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 7.70 VISION SERVICE PLAN INSURANCE CO. NOV 2022 VISION PREMIUM 2.26_ TOTAL: 9.96 PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2022 LTD PREMIUM 6.54 STANDARD INSURANCE COMPANY AUG 2022 LIFE INS PREMIUM 2.45_ TOTAL: 8.99 MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES ADD'L PAYMENT FOR GL97595 398.40_ TOTAL: 398.40 =============== FUND TOTALS ================ 101 GENERAL 77,630.83 200 PARKS 9,957.27 205 CABLE TV 4.80 210 HERITAGE PRESERVATION 14.11 213 FIRE & AMBULANCE 49,060.57 220 LEDUC HISTORIC ESTATE 6,243.26 407 HEDRA 56.75 573 2013 GO IMPROVEMENT BONDS 750.00 577 2017 G O DEBT 6,050.00 580 2020A GO DEBT 500.00 600 WATER 4,581.30 601 WASTEWATER 133,058.04 603 STORM WATER UTILITY 162.08 615 ARENA 2,971.89 620 HYDRO ELECTRIC 18.95 705 INSURANCE FUND 398.40 -------------------------------------------- GRAND TOTAL: 291,458.25 -------------------------------------------- TOTAL PAGES: 5 VIII-01 11-16-2022 12:19 AM Council Report NOV 22ND PYMTS, 2022 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER OCTOBER SAC 243,554.85_ TOTAL: 243,554.85 CITY CLERK GENERAL I/O SOLUTIONS, INC. FAX ANSWER SHEETS FOR SCOR 40.00_ TOTAL: 40.00 FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 141.32_ TOTAL: 141.32 LEGAL GENERAL CAMPBELL KNUTSON, P.A. OCT 2022 LEGAL FEES 10,557.80_ TOTAL: 10,557.80 FACILITY MANAGEMENT GENERAL W.W. GRAINGER, INC. FD ELECTRIC HEAT MOTOR 332.00 FD CORD DROP FOR NEW ENGIN 90.85 TERRYS HARDWARE, INC. FD FOAM ROLLERS 11.88_ TOTAL: 434.73 I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS 1 ENTRUST TOKEN 15.00_ TOTAL: 15.00 POLICE GENERAL GUARDIAN SUPPLY LLC OFC LATSCH UNIFORM ALLOWAN 20.00 ITL PATCH & MONOGRAM YRS OF SERVICE HASH/CSO RO 236.00 MN DEPT OF PUBLIC SAFETY FIREFIGHTER FINGERPRINT CH 99.75 SOUTH EAST TOWING OF HASTINGS INC NOV 22 LOT RENT 195.00 STREICHERS TRAINING ROUNDS FOR SWAT 320.00_ TOTAL: 870.75 SAFETY GENERAL AMY ZELLMER 2022 WORKPLACE YOGA 240.00_ TOTAL: 240.00 PUBLIC WORKS STREETS GENERAL WSB & ASSOCIATES INC HBC PROF SVC SEPT 2022 2,875.00 MINNESOTA PAVING & MATERIALS M&O FINAL PE #3 11,853.93_ TOTAL: 14,728.93 PARKS & RECREATION GENERAL RIVERTOWN TREE SERVICE LLC BOULEVARD TREE REMOVALS 9,309.00_ TOTAL: 9,309.00 PARKS & RECREATION PARKS MSA PROFESSIONAL SERVICES, INC. LOUIS LANE BONDING BASIN 5,000.00 NICHOLAS KUMMER TREE INSPECTOR CERT REIMBU 50.00_ TOTAL: 5,050.00 PARKS & RECREATION AQUATIC CENTER GLOBAL SPECIALTY CONTRACTORS TILE PLSTR CONST JNT REP H 35,500.00_ TOTAL: 35,500.00 FIRE FIRE & AMBULANCE NAPA AUTO PARTS SHOP TOWELS 119.70 LUCAS KNOLL REIMBURSE FOR SAFETY FOOTW 82.50 MOTOROLA SOLUTIONS REPLACEMENT MIC FOR RADIO 225.00_ TOTAL: 427.20 AMBULANCE FIRE & AMBULANCE ALLINA HOSPITALS & CLINICS QTLY MEDICAL DIRECTOR FEE 3,340.50_ TOTAL: 3,340.50 PARKS & RECREATION PARKS CAPITAL PROJ ISG LAKE ISABEL REDEVELOPMENT 3,691.00 AIM ELECTRONICS ARENA SCOREBOARD_CIF 19,614.00 CEMSTONE PRODUCTS CO. CONCRETE FOR CIF BATTING C 310.00 TERRYS HARDWARE, INC. SONOTUBE BATTING CAGES CIF 41.94 VIII-01 11-16-2022 12:19 AM Council Report NOV 22ND PYMTS, 2022 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ SONOTUBE BATTING CAGES CIF 13.98_ TOTAL: 23,670.92 NON DEPARTMENTAL PW Cold Storage Bu WSB & ASSOCIATES INC PW COLD STORAGE BLDG 33.75 CRESCENT ELECTRIC SUPPLY COMPANY ELECTRICAL PARTS PW BLDG 3,540.17 MINNESOTA PAVING & MATERIALS PROGRESS DR PATCHING 8,877.00 EBERT INC. PAY EST #6 PW COLD STORAGE 322,107.75_ TOTAL: 334,558.67 PUBLIC WORKS 2022 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 22-1 CONST. STAKING 3,169.00 DANNER INC. 2022-1 PAY EST #5 622,217.95 BRAUN INTERTEC 22-1 CONST. MATERIALS TEST 14,006.00_ TOTAL: 639,392.95 PUBLIC WORKS WATER THOMPSON, BRYCE SAFETY BOOTS - RED WING 200.00_ TOTAL: 200.00 PUBLIC WORKS WASTEWATER MINNESOTA PAVING & MATERIALS 10TH ST ADD PATCHING 2,106.00_ TOTAL: 2,106.00 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 1,316.60 MN DEPARTMENT OF HEALTH 2023 LIC RENEWAL CONCESSIO 315.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 1,550.31 TERRYS HARDWARE, INC. HARDWARE 20.67 PLUMBING SUPPLIES 36.40 GROMMET KIT 13.98 WIRE CLIPS 20.26 CABLE & HDWR TO HANG BANNE 81.35_ TOTAL: 3,354.57 NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC PROFESSIONAL SVC SEPT 2022 2,357.50 PROFESSIONAL SVC SEPT 2022 2,300.00_ TOTAL: 4,657.50 =============== FUND TOTALS ================ 101 GENERAL 279,892.38 200 PARKS 5,050.00 201 AQUATIC CENTER 35,500.00 213 FIRE & AMBULANCE 3,767.70 401 PARKS CAPITAL PROJECTS 23,670.92 416 PW Cold Storage Building 334,558.67 482 2022 IMPROVEMENTS 639,392.95 600 WATER 200.00 601 WASTEWATER 2,106.00 615 ARENA 3,354.57 807 ESCROW - DEV/ENG/TIF-HRA 4,657.50 -------------------------------------------- GRAND TOTAL: 1,332,150.69 -------------------------------------------- TOTAL PAGES: 2 VIII-01 VIII-02 VIII-02 VIII-02 VIII-02 VIII-02 VIII-03 VIII-03 VIII-03 VIII-03 VIII-03 VIII-04 VIII-04 VIII-04 VIII-04 VIII-04 VIII-04 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 V I I I - 0 4 City Council Memorandum To: Mayor Fasbender & City Council Members From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Assistant Finance Manager Date: November 21, 2022 Item: 2022 3rd Quarter Financial Report Council Action Requested: Review and approve the attached third quarter financial report. Background Information: The third quarter financial report is a quarterly update of 2022 activity through September 30, 2022. Consistent with past practice,some numbers in the report are adjusted to take into consideration the effects of year-end accruals and year-to- year allocation differences. Detail of the City’s investments holdings is provided in Appendix A. Detail of the City’s capital infrastructure projects is provided in Appendix B. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments:  2022 3rd Quarter Financials  Appendix A – 2022 Investment Holdings as of September 30, 2022 Appendix B – 2022 Capital Infrastructure Projects as of September 30,2022 VIII-05 2022 3rd Quarter Financial Update 2 | P a g e 2022 3rd Quarter Financial Update Government Funds General Fund Revenue Summary:  The largest source of revenue is property tax levy. The City received the first-half settlement in July. The second-half will be paid in two payments; we will receive an advance in December, and the remainder in January, 2023.  Our investments are not performing well.  Beyond investments, General Fund Revenues look good.  The Public Works-Engineering revenue is low because there is a one-time Engineering charge applied to the annual street project, which doesn’t occur until December. VIII-05 2022 3rd Quarter Financial Update 3 | P a g e General Fund Expense Summary:  Finance is below trend due to schedule changes related to the new Finance system project. Any budgeted funds that remain at year-end will be carried forward to 2023 to complete the project.  Legal expenses continue to trend higher after a change in attorneys. The 2023 budget is anticipating this trend will continue.  Facilities expenses are significantly below budget because none of the approximately $2.9 million planned for the City Hall Dome Project and boilers has been spent. The City’s proposed project plan finally received approval from the State of MN, so considerable progress is expected in 2023.  Public Works’ spending is below budget due to supply chain delays in capital equipment purchases. VIII-05 2022 3rd Quarter Financial Update 4 | P a g e Parks - Fund 200  Revenues, aside from Investments, is in a good position. VIII-05 2022 3rd Quarter Financial Update 5 | P a g e Aquatic Center – Fund 201  This year’s pool operations are strong, continuing the 2021 trend that began after being closed in 2020 in response to the pandemic. Heritage Preservation – Fund 210 VIII-05 2022 3rd Quarter Financial Update 6 | P a g e Fire & Ambulance – Fund 213  The rural fire contact is paid bi-annually item, so 50% is appropriate.  Charges for Services revenue item is Ambulance revenue, which are running below projections.  The Miscellaneous category is higher, which consist of equipment sales, donations, and insurance recoveries.  Ambulance spending is below trend, so overall the department’s financial position isn’t concerning. VIII-05 2022 3rd Quarter Financial Update 7 | P a g e Police Reserve – Fund 221 Arena – Fund 615 VIII-05 2022 3rd Quarter Financial Update 8 | P a g e Enterprise Funds The Enterprise funds consist of our three utility funds and the hydro plant. Water – Fund 600  Water Revenue is steady with 61% collected as of September 30th.  Expenditures are well below budget. The largest factor is capital outlay, which is nearly $1.7 million below budget. This is due to timing of the Water Tower reconditioning project and other capital expenditures. Overall expenditures will be close to budget at year-end. Sewer – Fund 601 VIII-05 2022 3rd Quarter Financial Update 9 | P a g e Storm Water – Fund 603 Hydro – Fund 620  The hydro plant’s production has improved in the third quarter. Beginning in late summer, the plant has been operating at maximum capacity.  For the final quarter of 2022, the plant is expected to continue producing at its highest capacity, which should improve the year’s revenue.  The plant should stay within budget for the year.  Debt Service expenditures are as anticipated. The principal payment due date is February 1st; all principal payments were made as of the end of the first quarter. Interest payments are made on February 1st as well as August 1st. VIII-05 2022 3rd Quarter Financial Update 10 | P a g e Transfers 2022 Transfers Quarterly transfers are made for administrative charges, internal funding, and savings needs. Transfers posted for 3rd quarter 2022 were all budgeted transfers or budgeted use of stabilization funds. VIII-05 2022 3rd Quarter Financial Update 11 | P a g e Cash and Investments Balances Cash balances fluctuate throughout the year based on planned spending, receipt of fund revenues and the timing of property tax payments. The cash balance within a fund can be one indicator of the health of the fund. FUND DESCRIPTION September 30, 2021 September 30, 2022 General Fund 6,519,194 8,750,109 Parks 1,265,617 1,373,356 Aquatic Center 306,145 342,423 Cable TV 111,762 103,620 Cable Access 39,423 37,508 Heritage Preservation 84,122 87,839 Fire & Ambulance 983,543 366,752 LeDuc Historical Estate Operations 174,633 152,027 Police Reserves 17,981 27,717 DUI Enforcement & Forfeitures 37,227 48,243 2016 Equipment Certificates 47,881 46,612 Parks Facility Bonds 323,179 213,637 2013 Equipment Certificates 85,370 83,584 2014 Equipment Certificates 16,461 16,461 Parks Capital Projects 260,903 119,448 Budget Stabilization Fund 345,232 345,232 Guardian Angels - TIF 19,690 7,064 HEDRA 1,369,161 1,059,552 NAPA-TIF 6,431 (15,984) Downtown Redevelopment - TIF (20,543) (21,288) Hudson Sprayers - TIF 7,455 11,152 School House Square – TIF 0 (1,994) PW Cold Storage Building 0 473,149 2020 Improvements (242,410) (242,410) 2021 Improvements (9,632) (369,760) 2022 Improvements (2,867) 1,598,090 Debt Redemption 1,016,100 987,187 2016A GO TIF (quasi refunding) Bonds 176,237 160,099 2010 GO Improvement Bonds 136,759 76,350 2011 GO Improvement Bonds 148,217 14,677 2012 GO Improvement Bonds 125,680 101,336 2013 GO Improvement Bonds 84,976 54,016 2014 GO Improvement Bonds 172,463 134,031 2015 GO Improvement Bonds 169,116 157,821 2016 GO Improvement Bonds 267,930 222,327 2017 GO Improvement Bonds 108,544 90,730 2018 GO Improvement Bonds 20,274 132 2019 GO Improvement Bonds 981,000 881,445 2020 GO Improvement Bonds 79,701 451,611 2021 GO Improvement Bonds 0 303,920 2022 GO Improvement Bonds 0 0 Water 3,016,737 3,909,871 Wastewater 2,055,014 1,857,691 Storm Water 1,011,317 1,004,285 Arena 503,433 492,075 VIII-05 2022 3rd Quarter Financial Update 12 | P a g e Hydro Electric (246,451) 153,673 Retiree Health 215,433 257,496 Compensated Absences 192,075 63,128 Vehicle & Equipment Fund 554,996 682,650 Insurance Fund 109,496 594,796 Escrow -Dev/Eng/TIF-HRA 219,974 584,813 Ruth Doffing Trust Fund-Library 97,927 89,262 C. Simmons Trust 221,578 212,912 C. Simmons Residuary 32,713 (358) VIII-05 2022 3rd Quarter Financial Update 13 | P a g e Investments The City’s total investment portfolio was valued at $32,151,798 as of September 30, 2022. Allocation of the City’s portfolio is as follows. Additional detail is available in Appendix A. VIII-05 2022 3rd Quarter Financial Update 14 | P a g e Appendix A – Investment Holdings Detail of Municipal Bonds, Agencies and CDs VIII-05 2022 3rd Quarter Financial Update 15 | P a g e Additional Information Further detail of the information presented here may be obtained by contacting the Finance Department. The Finance Manager may be reached for questions at 651-480-2347 or CEitemiller@Hastingsmn.gov. The Assistant Finance Manager may be reached at 651-480-2354 or ABertrand@Hastingsmn.gov. VIII-05 2022 3rd Quarter Financial Update 16 | P a g e Appendix B – Capital Infrastructure Status Through the third quarter in 2022 the Mill & Overlay and Seal Coat Programs have been completed. The City Hall Dome Remodel, PW Cold Storage, Water Tower Reconditioning, Water Meter Replacement program, and 2022 Neighborhood Infrastructure projects are all still in process. VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: November 21st, 2022 Item: 2023 Dakota County Drug Task Force (DCDTF) Contract Amendment Council Action Requested: Approve the Amended 2023 DCDTF JPA for Administrative Staff Person. Background Information: The Hastings Police Department is an active participant in the Dakota County Drug Task Force (DCDTF) through a Joint Powers Agreement. This group, consisting of officers from thirteen (13) Dakota County jurisdictions, is responsible for the enforcement of controlled substance laws throughout this county. Not only do we contribute a full-time Hastings Police Officer to the team, we also provide an Administrative Staff Person through a separate contract that commenced on April 21, 2011. Through that contract, the DCDTF reimburses the City of Hastings for all costs the City incurs relating to the employment of the Employee, including salary and benefits. The DCDTF wishes to extend the current contract for services through December 31, 2023 with approval of the attached amended JPA. This amendment has been reviewed and approved as to form by Assistant County Attorney Dain L. Olson. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None Attachments: Amended Joint Power Agreement VIII-06 JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY DRUG TASK FORCE AND THE CITY OF HASTINGS FOR ADMINISTRATIVE STAFF SERVICES THIS AGREEMENT is made and entered into by and between the Dakota County Drug Task Force (DCDTF), a joint powers organization acting through the Dakota County Drug Task Force Administrative Board (Board) and the City of Hastings (City). WHEREAS, the DCDTF was created pursuant to a Joint Powers Agreement of certain member cities in Dakota County, the City of Savage, and the County of Dakota (County) pursuant to authority conferred upon the parties by Minn. Stat. § 471.59 (Joint Powers Agreement); and WHEREAS, the DCDTF is governed by the Board; and WHEREAS, the Board has the authority to enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and the Board may authorize the Chair of the Board to execute contracts on behalf of the Board; and WHEREAS, the DCDTF and the Board are in need of administrative staff to serve the administrative needs of the DCDTF and the Board to conduct its operations; and WHEREAS, the City through its Police Department, is willing to provide one 1.0 FTE administrative staff person to the DCDTF and the Board to serve the needs of the Board and the DCDTF during the term of this Agreement, subject to the terms and conditions provided herein; and NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive from this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I SERVICES 1.1. The City, through the Hastings Police Department shall provide to DCDTF and the Board one 1.0 FTE administrative employee (Employee). 1.2. The Employee shall remain an Employee of the City at all times when this Agreement is in effect and the City shall be obligated to provide workers’ compensation insurance coverage for the Employee, subject to reimbursement of such costs by the DCDTF. 1.3. The Board shall assign a supervisor (Supervisor) who will designate and oversee the day-to-day work activities of the Employee, and who shall coordinate with the Police Chief, or his designee, in all matters relating to the Employee. 1.4. Except as provided below, the DCDTF, through its Board, shall reimburse the City for all costs the City incurs relating to the employment of the Employee, including salary, PERA benefits, FICA/Medicare, and City-provided health, dental and life insurance during the term of the Agreement. The 2023 annual employment cost is estimated to be as follows: Gipson DCDTF FINAL BUDGET 2023 Salary $75,953.65 PERA $5,696.52 FICA/Medicare $5,810.45 City Provided Health $24,127.30 Life $91.35 Workers Comp $604.87 LTD $281.03 TOTAL $112,565.17 VIII-06 2   The DCDTF shall be obligated to reimburse the City for paid time off (flex leave) costs attributable to the Employee to the extent that actual paid time off exceeds the paid time off the Employee accrues during the term of the Agreement, including specifically accrued but unused (“banked”) vacation, sick or personal time off accrued by the Employee in excess of the amounts the Employee will accrue during the term of this Agreement. It is understood that employment costs associated with the Employee may change in accordance with any salary increases that may be provided by the City to the Employee as part of salary adjustments provided to all non-union City employees and/or increases or decreases in employee benefit costs. 1.5. The Employee shall be authorized to attend mandatory City provided training as required by the City. 1.6. On a bi-weekly basis the Supervisor shall review, verify and approve the timesheet of the Employee and forward it to the City. 1.7. Any training of the Employee deemed necessary by the Board or the Supervisor shall be provided to the Employee at the expense of the DCDTF. 1.8. Any discipline of the Employee shall be imposed solely by the City. 1.9. The City shall provide an invoice to the DCDTF on a monthly basis, detailing the full costs associated with the Employee assigned to the DCDTF, and the DCDTF shall pay to the City the invoiced costs within 30 days of receipt of the invoice. ARTICLE II TERMS OF AGREEMENT 2.1. Term. Notwithstanding the date of the signatures of this Agreement, the City shall provide services under this Agreement commencing on January 1, 2023, and continuing through December 31, 2023, or until termination in accordance with the provisions herein. 2.2. Extension. This Agreement may be renewable by joint agreement of the City and the Board for up to four one-year extension terms. All extensions under this section must comply with the provisions of Article 4.7 of this Agreement. 2.3. Termination. A. For Cause. This Agreement may be terminated by either party for cause upon seven (7) calendar days’ written notice to the other party. Such notice shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement does not discharge any liability incurred by either party before the effective date of termination, including payments due. B. Without Cause. Either party may terminate this Agreement without cause by providing thirty (30) days written notice of intent to terminate delivered to the other party. Termination shall not act to discharge any liability incurred by either party before the effective date of termination, including payments due. ARTICLE III AUTHORIZED REPRESENTATIVES AND LIAISONS 3.1. Authorized Representatives. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representatives shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. VIII-06 3   DCDTF: City of Hastings: Don Stenger, DCDTF Board Chair, or successor Mary Fasbender, Mayor, or successor P.O. Box 21304 101 4th Street East Eagan, MN 55121 Hastings, MN 55033 Telephone: (651) 994-6220 Telephone: (651) 480-2365 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 3.2. Liaisons. To assist in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the DCDTF. The County and the DCDTF shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: DCDTF: City of Hastings: Bryan Hermerding, Commander David Wilske, Chief of Police P.O. Box 21304 101 4th Street East Eagan, MN 55121 Hastings, MN 55033 Telephone: (651) 994-6220 Telephone: (651) 480-2300 ARTICLE IV GENERAL PROVISIONS 4.1. Government Data Practices Act. The DCDTF and the City must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the parties under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the DCDTF. 4.2. Audits/Access to Records. Each entity shall allow the other entity access to its records at reasonable hours, including all books, records, documents, and accounting procedures and practices relevant to the subject matter of this Agreement, for purposes of audit. 4.3. Governing Law, Jurisdiction and Venue. Minnesota Law, without regard to its choice of law provisions governs this Agreement. Venue for all legal proceedings involving the Agreement, or its breach, must be in the appropriate state or federal court, with competent jurisdiction in Dakota County, Minnesota. 4.4. Merger. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 4.5. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4.6. Indemnification. The City and the DCDTF agree that each entity will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other entity and the results thereof. Each entity therefore agrees that it will assume liability for itself, its agents, employees, or contractors for any injury to persons or property resulting in any manner from the conduct of its agents, employees or contractors. Each entity shall defend, indemnify and hold harmless the other entity for all liability, obligations, claims, losses and expenses, including reasonable attorneys and other professional fees, resulting from the acts or omissions, if its elected officials, employees and agents in providing services under this Agreement. Nothing in this Section is intended by the parties as a waiver of any liability limits or immunities otherwise provided by law. The requirements and obligations of this Section shall survive the expiration or earlier termination of this Agreement. VIII-06 4   4.7. 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 this Agreement, or their successors in office. 4.8. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below. Approved as to form: DAKOTA COUNTY DRUG TASK FORCE /s/ Dain L. Olson 11/7/22 By: Assistant County Attorney/Date Don Stenger, or successor County Attorney File No. KS-22-588 Chair, Administrative Board Date of Signature CITY OF HASTINGS By: Mary Fasbender, or successor Mayor Date of Signature By: Kelly Murtaugh, City Clerk Date of Signature VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Ashley Bertrand, Assistant Finance Manager Date: November 21, 2022 Item: Amend City Code Chapter 30, Section 34.04: Special/Non-Routine Services Council Action Requested: First Reading of Amending City Code Chapter 30, Section 34.04 regarding Special or Non- Routine Services By City Departments: Fees. Background Information: The current language in Section 34.04 requires the rate paid to be calculated based on the staff person performing the service. This requires City Departments to assign the task before being able to provide an estimate on the expense for the service. The amended language will allow staff to provide a more reasonable estimate without assigning the task, and will also ensure the City is reimbursed for all expenses associated with the service, including out-of-pocket expenses that were not included in the original ordinance. Financial Impact: Not applicable Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: Ordinance Amending Hastings City Code Chapter 30, Section 34.04 Regarding Special Or Non- Routine Services By City Departments; Fees. VIII-07 ORDINANCE NO. AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 30, SECTION 34.04 REGARDING SPECIAL OR NON-ROUTINE SERVICES BY CITY DEPARTMENTS; FEES 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 30, Section 34.04 shall be amended as follows: Any City Department that furnishes special or non-routine services to any person or organization, other than services which it is required by law to perform without fee, may charge the person or organization requesting such services for the time to perform the service at a rate of two (2) times the top hourly wage for the personnel providing the service, as articulated in the current collective bargaining agreement or non-union City wage scale, plus benefits, and any out of pocket expenses.as set by council ordinance for that type of service. If no fee has been adopted for a special or non-routine service, the fee to be charged for staff time, shall be two (2) times the hourly rate paid to staff person performing such service(s) being a reasonable approximation of the total costs incurred by the City to provide the staff services. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 modifies the City Ordinance to allow the City to charge for any non-routine services for actual costs to provide such services. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. Passed this day of , 2022 Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kim Niederkorn, Accountant Date: November 14, 2022 Item: Delinquent Utility Billing Certification Council Action Requested: The Council is requested to authorize the Finance Department to certify delinquent utilities to Dakota County. Background Information: On June 15, 2020, City Council approved a process change regarding collecting delinquent utilities. This process-change resulted in eliminating disconnecting water service for delinquent residents, and instead certifying delinquent utilities to the residents’ property taxes. Per this process change, delinquent utility amounts will be certified to Dakota County annually. A list of utility accounts with a delinquent balance was compiled and notices dated September 30, 2022 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 4, 2022. Utility accounts with unpaid delinquent balance are being certified to Dakota County to be added to property taxes payable in 2023. The certification amount is equal to the unpaid delinquent balance. The $50 penalty is included in each property’s certification. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: List of delinquent utility accounts to be certified to Dakota County. VIII-08 2022 Delinquent UB Certifications Admin PID Delinq Bal Fee TOTAL 193215116010 $637.49 $50.00 $687.49 191050006090 $784.29 $50.00 $834.29 191050019040 $335.96 $50.00 $385.96 193215022040 $100.96 $50.00 $150.96 191050019180 $756.69 $50.00 $806.69 191050022060 $22.57 $50.00 $72.57 193215018070 $431.57 $50.00 $481.57 193215029082 $236.74 $50.00 $286.74 191050027170 $694.37 $50.00 $744.37 191050026201 $157.70 $50.00 $207.70 191050024170 $203.02 $50.00 $253.02 191050029060 $6.23 $50.00 $56.23 191050029110 $89.74 $50.00 $139.74 191050030120 $3,471.57 $50.00 $3,521.57 193215050041 $608.98 $50.00 $658.98 191050045070 $405.20 $50.00 $455.20 191050047070 $115.99 $50.00 $165.99 191050047100 $301.27 $50.00 $351.27 191050043100 $148.15 $50.00 $198.15 193190003120 $547.40 $50.00 $597.40 193215067050 $11.25 $50.00 $61.25 191125014063 $259.64 $50.00 $309.64 193195007061 $401.62 $50.00 $451.62 193215091010 $101.80 $50.00 $151.80 193215091010 $450.09 $50.00 $500.09 193210006100 $264.15 $50.00 $314.15 195750004010 $335.77 $50.00 $385.77 193195019050 $625.03 $50.00 $675.03 196330000267 $1,007.18 $50.00 $1,057.18 196330000160 $609.28 $50.00 $659.28 196330000165 $671.56 $50.00 $721.56 196340005040 $203.03 $50.00 $253.03 198375200132 $629.25 $50.00 $679.25 198375000360 $593.29 $50.00 $643.29 198375000450 $688.92 $50.00 $738.92 191360007020 $282.94 $50.00 $332.94 196340002100 $43.44 $50.00 $93.44 198375100810 $75.10 $50.00 $125.10 198375100670 $289.39 $50.00 $339.39 198375000270 $713.33 $50.00 $763.33 190380010020 $505.34 $50.00 $555.34 190380011020 $116.40 $50.00 $166.40 197730003291 $348.96 $50.00 $398.96 197730003311 $20.00 $50.00 $70.00 196360001010 $468.81 $50.00 $518.81 194470401120 $366.87 $50.00 $416.87 197730001220 $183.84 $50.00 $233.84 196660102023 $291.19 $50.00 $341.19 VIII-08 2022 Delinquent UB Certifications Admin PID Delinq Bal Fee TOTAL 191950003060 $76.32 $50.00 $126.32 191950304060 $287.80 $50.00 $337.80 197100102010 $694.38 $50.00 $744.38 197100103010 $1,532.76 $50.00 $1,582.76 198324302020 $56.84 $50.00 $106.84 198170003130 $24.10 $50.00 $74.10 191630002031 $299.39 $50.00 $349.39 191470001132 $601.97 $50.00 $651.97 191470302030 $783.01 $50.00 $833.01 198170005050 $6.00 $50.00 $56.00 196810201120 $102.62 $50.00 $152.62 195850000120 $134.07 $50.00 $184.07 195850000120 $427.02 $50.00 $477.02 191750019020 $238.98 $50.00 $288.98 191750114050 $609.98 $50.00 $659.98 197102503260 $84.09 $50.00 $134.09 197102501030 $34.10 $50.00 $84.10 197102601020 $1,948.81 $50.00 $1,998.81 197320701230 $153.71 $50.00 $203.71 191640201080 $103.77 $50.00 $153.77 191640401080 $537.40 $50.00 $587.40 191640402210 $522.99 $50.00 $572.99 191640402340 $380.66 $50.00 $430.66 191640402350 $538.56 $50.00 $588.56 197320501030 $333.56 $50.00 $383.56 197320401050 $112.04 $50.00 $162.04 197320401050 $64.86 $50.00 $114.86 196437505234 $84.49 $50.00 $134.49 196437702203 $200.09 $50.00 $250.09 196437501100 $2,581.13 $50.00 $2,631.13 196438002030 $774.27 $50.00 $824.27 198395204050 $284.88 $50.00 $334.88 196390003090 $544.43 $50.00 $594.43 195790005050 $626.57 $50.00 $676.57 197105203050 $8.16 $50.00 $58.16 197105201130 $814.14 $50.00 $864.14 197105004020 $247.42 $50.00 $297.42 193200002012 $178.51 $50.00 $228.51 192970201200 $375.94 $50.00 $425.94 192970203310 $414.41 $50.00 $464.41 190350091011 $44.70 $50.00 $94.70 190410030010 $86.53 $50.00 $136.53 190410038016 $86.53 $50.00 $136.53 190040001010 $9.52 $50.00 $59.52 $38,664.87 $4,600.00 $43,264.87 VIII-08 CITY OF HASTINGS COUNTIES OF DAKOTA AND WASHINGTON RESOLUTION NO. 11 - - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ADOPTING THE ASSESSMENTS FOR UNPAID UTILITIES AND AUTHORIZING CERTIFICATION TO THE COUNTY AUDITOR Council member ___________ introduced the following Resolution and moved its adoption: Whereas, Minn. Stat. §444.075 subd. 3e allows a governing body to certify to the county auditor unpaid utility charges against the owner of the real property served for collection as other taxes are collected; and Whereas, the Finance Director has prepared the attached list of delinquent utility accounts, the owners of which were given notice on or about September 30, 2022 that payment was past due and were asked to make payment by November 4, 2022; and Whereas, pursuant to City Code Section 51.03 A. 4. the City authorizes a $50 administrative penalty for delinquent accounts that are not paid within 30 days of the delinquency date. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby adopts the attached delinquent utility accounts and authorizes the appropriate city staff to certify the delinquent accounts to the County Auditor with taxes against the real properties served for collection as other taxes are collected and add a $50 administrative penalty to each account. Council member_________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on _________________, 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 21, 2022 Item: Arts and Culture Commission Ordinance Council Action Requested: First Reading of ordinance establishing Arts & Culture Commission through December 2024. Background Information: This past year, the City Council reinstated the Arts Task Force to consider greater support for the arts and its integration into City priorities. In June 2022, the Task Force recommended creating an Arts & Culture Commission as well as part-time staff support and ongoing funding. The proposal was referred to the Planning Committee of the City Council (Folch*, Leifeld, and Vaughan), who recommended creating a 2 year temporary commission, with potential extension later. On October 17, the City Council concurred. Under the City’s Charter, advisory commissions are to be established by ordinance. The attached ordinance establishes a commission consisting of 1 youth and 7 regular members. The ordinance incorporates much of the substance of the Task Force recommendation, while streamlining redundant language. It emphasizes the Commission’s advisory role, not directing staff operations. The ordinance does not include dedicated funding; the Commission will need to be part of the normal budget process and require City Council approval for expenditures. It notes the need of a staff liaison for administrative support but does not itemize a job description. The ordinance calls for an annual report by the Commission to the City Council. Unless extended by ordinance, this Commission would end on December 31, 2024. Next Steps: Second Reading and adoption of the ordinance would be scheduled for the December 5 City Council meeting. Subsequently, we would solicit interest and interview for people to serve on the new commission. Depending on timing, appointments could be in January. We would also refine a part-time job description, advertise, and hire staff support. On a temporary basis, existing staff could cover this support role until somebody is hired. VIII-09 Financial Impact: Proposed 2023 Budget includes $20,000 for arts project. Should add $5,383 for staff support. Committee Discussion: Planning Committee (Folch*, Leifeld, and Vaughan) met July 13, August 23, and September 28 and recommended a 2 year temporary commission with potential extension. The City Council supported the concept during its October 17 meeting. Attachment: An Ordinance for the City of Hastings, Minnesota, Amending Hastings City Code Title III, Chapter 30 Enacting an Arts & Culture Commission VIII-09 ORDINANCE NO. XXX AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE TITLE III, CHAPTER 30 ENACTING AN ARTS & CULTURE COMMISSION The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. ENACTMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Title III, Chapter 30, Sections 30.14 shall be enacted as follows: 30.14 Arts & Culture Commission A. Establishment. The Arts and Culture Commission is hereby established. B. Purpose. The purpose of the commission shall be to assist Hastings in becoming a community in which arts and cultural activities: 1. Are recognized as vital components of community life that are worthy of investment and support from the public, private and non-profit sectors. 2. Are valued and promoted for their economic benefits and development potential throughout the city. 3. Include Hastings’ historic, existing and emerging cultural groups identity and sense of community. 4. Support the goals of Hastings’ arts education and programs for young people; 5. Engage the talents and involvement of retirees and senior citizens. 6. Enhance the public perception of Hastings’ identity and quality of life in the community itself, the surrounding region, and beyond. 7. Achieve a strong sense of place through beautification and the creative activation of arts and culture. C. Powers And Duties. The Commission shall be an advisory commission to the City Council pertaining to arts and culture programs of the City as shall be referred to the Commission by the Council or as the members of the Commission deem appropriate. In addition, the Commission shall: 1. Carry out the Commission’s purpose (section 30.14.B) to support arts and cultural activities in the community. 2. Submit to the City Council annually a report of the activities of the commission during the previous year, including the following: VIII-09 a. A description of arts and cultural collaboration with other organizations. b. A description of public artwork completed, obtained, or commenced. c. A description of cultural events sponsored by the Commission. d. A financial report of Commission activities. 3. Perform other functions as needed to carry out these duties and responsibilities as directed by the City Council and to act in an advisory capacity to the City Council. D. Public Art and Culture Program. 1. The Commission will advise the City Council on the commissioning, placement and maintenance of works of art that have been purchased or accepted by the City, or which are owned by the City because they have been produced or created with public funds. 2. The Commission will advise the City Council on arts-related capital investments, plans, programs, and evaluations initiated by the City. 3. To encourage broad community participation in the Public Art and Culture Program and to ensure artwork of the highest quality, the Commission may solicit the pro-bono participation of community representatives and professionals in the visual arts and design fields as part of the artist and artwork selection process for particular public art projects in accordance with the size and complexity of the public art projects. These advisors may assist the Commission in the selection of artists, public art project oversight and other related purposes, but shall have no vote on matters coming before the Arts and Culture Commission. No funds may be expended without prior Council approval. 4. The Commission may facilitate collaboration and joint planning among public and private agencies involved with arts-related issues (such as economic development, tourism, and arts education). 5. In cooperation with existing City departments and with the City Council, the Commission may develop and advocate design standards for City facilities, roadways, public areas, and private development, in order to advance a coherent image of Hastings as a place of unique aesthetic, architectural, and cultural identity. 6. The Commission will provide best practices for the type, frequency and extent of maintenance to preserve the quality and value of City owned artwork. VIII-09 7. The Commission will assist City staff regarding cultural events being programmed by City staff. 8. The Commission will review and make recommendations regarding cultural events organized by an outside entity as a Tier 1, Tier 2, or Tier 3 event under the City’s Special Event Policy. E. Composition. The Commission will consist of up to seven regular members all of whom shall be residents, and non Council members and one youth member 14-18 years old, who shall attend one of the schools serving the Hastings community. All members are appointed by the City Council. 1. Appointments shall be made with an effort to include a diversity in age, gender identity, and race. 2. Appointments shall be made with an effort to include representation from arts and cultural organizations, local schools, business community, independent artists, and the community at-large. F. Staff Liaison. The City shall provide a staff person to act as a liaison to the Commission, provide administrative staff support, and facilitate communications from the Commission to the City Council and/or City Administration. G. Commission Officers. At the first meeting of each year, the Commission shall select a chair, vice chair, and secretary from among the membership to serve until the end of that year. Should an officer resign, the vacancy shall be filled by the Commission for the balance of the incomplete term. H. Term. Initial appointments shall be for either one- or two-year terms (to create a staggered cycle). Thereafter, members shall serve two-year terms. I. Meetings. The Commission will hold at least three meetings per year. It may make rules and guidelines and shall keep a record of its meetings, recommendations, and referrals, along with the vote of each commissioner. This record shall be a public record. A majority of appointed commissioners shall constitute a quorum. Each commissioner shall have one vote on issues before the Commission. J. Expenses. Commissioners shall serve without pay, but may be reimbursed for actual expenses is authorized by City Council. VIII-09 SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The text amendment adopted by the Hastings City Council on , 2022 establishes an Arts & Culture Commission to advise the City Council on matters related to arts and cultural activities. SECTION 3. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication according to law. SECTION 4. SUNSET. This ordinance shall expire and terminate on December 31, 2024. Passed this day of , 2022. Mary Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk Published in the _________ on [Date]. VIII-09 VIII-10 VIII-11 CITY OF HASTINGS COUNTIES OF DAKOTA AND WASHINGTON RESOLUTION NO. 11 - - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS MEMORIALIZING THE APPROVAL OF THE WATER LINE AGREEMENT AND AUTHORIZING THE ASSESSMENT Council member introduced the following Resolution and moved its adoption: WHEREAS, on August 1, 2022, the City Council approved a Private Water Service Repair Special Assessment Agreement (“Agreement”) with Heidi M. Pahl (“Pahl”), for the City to pay for the cost to repair a water service line at 514 Tiffany Drive, Hastings, Minnesota in the amount of $7,500, plus a $50 administrative fee (“Special Assessment”), which is to be assessed over a period of 5 years at a rate of 4.35% interest on the unpaid balance; and WHEREAS, Pahl signed the Agreement, which is recorded in the Dakota County Recorder’s Office as Document Number 3552613 on August 9, 2022, and attached hereto; and WHEREAS, Pahl authorized the City to certify the Special Assessment to the Dakota County Auditor/Property Tax Assessor and waived all rights to the notices, hearings, appeals and procedural and substantive objections; and WHEREAS, Pahl agreed that the first installment is due and payable with first half of property taxes in 2023; and WHEREAS, the Dakota County Assessor’s Office requested a resolution memorializing the action taken on August 1, 2022. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby adopts this Resolution memorializing the approval of the Private Water Service Repair Special Assessment Agreement with Heidi M. Pahl that authorized the assessment of the water service line repairs as documented therein, which occurred on August 1, 2022. Further, the Council resolves that the action to approve and adopt this Resolution in no way acts as a new approval or action of the Council but confirms that the action taken on August 1, 2022. Council member moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. VIII-12 Adopted by the Hastings City Council on , 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) VIII-12 VIII-12 VIII-12 VIII-12 VIII-12 VIII-12 VIII-12 CITY OF HASTINGS COUNTIES OF DAKOTA AND WASHINGTON RESOLUTION NO. 11 - - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS MEMORIALIZING THE APPROVAL OF THE WATER LINE AGREEMENT AND AUTHORIZING THE ASSESSMENT Council member introduced the following Resolution and moved its adoption: WHEREAS, on January 18, 2022, the City Council approved a Private Water Service Repair Special Assessment Agreement (“Agreement”) with Marlane H. Benedict (“Benedict”), for the City to pay for the cost to repair a water service line at 3440 Cory Lane, Hastings, Minnesota, in the amount of $5,000, plus a $50 administrative fee (“Special Assessment”), which is to be assessed over a period of 5 years at a rate of 3.34% interest on the unpaid balance; and WHEREAS, Benedict signed the Agreement, which is recorded in the Dakota County Registrar’s Office as Document Number 857442 on January 21, 2022, and attached hereto; and WHEREAS, Benedict authorized the City to certify the Special Assessment to the Dakota County Auditor/Property Tax Assessor and waived all rights to the notices, hearings, appeals and procedural and substantive objections; and WHEREAS, Benedict agreed that the first installment is due and payable with first half of property taxes in 2023; and WHEREAS, the Dakota County Assessor’s Office requested a resolution memorializing the action taken on January 18, 2022. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby adopts this Resolution memorializing the approval of the Private Water Service Repair Special Assessment Agreement with Marlane H. Benedict that authorized the assessment of the water service line repairs as documented therein, which occurred on January 18, 2022. Further, the Council resolves that the action to approve and adopt this Resolution in no way acts as a new approval or action of the Council but confirms that the action taken on January 18, 2022. Council member moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. VIII-13 Adopted by the Hastings City Council on , 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 VIII-13 CITY OF HASTINGS COUNTIES OF DAKOTA AND WASHINGTON RESOLUTION NO. 11 - - 22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS ADOPTING THE DEFERRED ASSESSMENT FOR THE 2022-1 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS AT 1305 PARK LANE, HASTINGS, MINNESOTA Council member _____________ introduced the following Resolution and moved its adoption: Whereas, Minn. Stat. §435.193 allows a city to defer a special assessment for any homestead property owned by a person 65 age or order, or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments; and Whereas, the City adopted Resolution 01-19-22 authorizing a deferral of special assessments; and Whereas, the City assessed the 2022-1 Neighborhood Infrastructure Improvements Project (“Project”) at an assessment hearing held on April 6, 2022; and Whereas, Durwood Dean Peters and Mary E. Peters, husband and wife (“Owners”), the owners of real property located at 1305 Park Lane, Hastings, Minnesota, legally described as: Lot Seventeen (17), Block Five (5), Hastings Oak Park Addition Abstract Property PID: 19-32100-05-170 the (“Property”) were assessed at the assessment hearing in the amount of $5,248.80 with an interest rate of 4.35% and have made application for a deferment of their special assessment for the Project; and Whereas, the Finance Director has determined that the Owners meet all qualifications for such deferment of their assessment. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The City Council hereby approves the deferment of the assessment for the Property owned by Durwood Dean Peters and Mary E. Peters at 1305 Park Lane, Hastings, Minnesota, in the amount of $5,248.80 with an interest rate of 4.35% until one of the following events: 1. The property is sold, transferred or conveyed, 2. Death of the owner, VIII-14 3. The property becomes non-homestead, or 4. The Council determines that there is no hardship. Following one of these events, the assessment shall be due and payable with interest accruing as of 30 days after adoption of the assessment. 2. The City Clerk is authorized to execute and the Finance Director is authorized to certify the deferred assessment certificate to the County Auditor pursuant to the attached form, which may be amended as necessary to perfect the deferral. Council member_________________ moved a second to this resolution and upon being put to a vote it was adopted by the Council Members present. Adopted by the Hastings City Council on ________________, 2022, by the following vote: Ayes: Nays: Absent: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk (City Seal) VIII-14 Certificate to County Recorder for a Deferred Assessment This is to certify that the property located at 1305 Park Lane, Hastings, Minnesota, legally described as: Lot Seventeen (17), Block Five (5), Hastings Oak Park Addition Abstract Property PID: 19-32100-05-170 against which an assessment was levied by the Hastings City Council on April 6, 2022 for the 2022-1 Neighborhood Infrastructure Improvements Project, in the amount of $5,248.80, has been deferred by the Council pursuant to Minn. Stat. §435.193. The deferment will end upon one of the following events, at which time the assessment amount, with interest accruing as of 30 days after the assessment date, at an interest rate of 4.35%, shall be due and payable: 1. The property is sold, transferred or conveyed, 2. Death of the owner, 3. The property becomes non-homestead, or 4. The Council determines that there is no hardship. City Clerk Dated November 21, 2022. VIII-14 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: November 21st, 2022 Item: Dakota County All-Hazard Mitigation Plan Council Action Requested: Approve the Dakota County All-Hazard Mitigation Plan Background Information: Keeping our residents safe when disaster strikes is important to the City of Hastings. The Disaster Mitigation Act of 2000 requires counties and cities to prepare All-Hazard Mitigation Plans every five years. Plans must address potential natural and manmade hazards and develop mitigation strategies to reduce the impacts of hazard events both in dollars and lives saved. Counties and cities must have an approved and adopted plan to be eligible for both federal disaster relief and mitigation project grant dollars. The first All-Hazard Mitigation Plan was approved by the Minnesota Department of Homeland Security and Emergency Management (HSEM) and the Federal Emergency Management Agency (FEMA) in 2006. Since early 2020, City staff has been working with Dakota County Emergency Management to coordinate the required 5-year update to the All-Hazard Mitigation Plan. The City has participated in the planning process and developed its own mitigation strategies as part of the multi-jurisdictional plan. In February 2022, the Dakota County Board of Commissioners authorized release of the draft plan for a formal 45-day public review and comment period, from Feb. 23 to April 8, 2022. Comments received were addressed in the plan. It was submitted to Minnesota Homeland Security and Emergency Management and the Federal Emergency Management Agency for review. County staff received HSEM comments and incorporated them into the Plan. No public comments were received after posting the Plan on the County’s website. No public hearing is required under the federal guidance documents. The plan was revised based on state and federal reviewer comments and received state and federal conditional approval in August 2022. The County Board of Commissioners formally approved and adopted the 2022 update to the All-Hazard Mitigation Plan in late September 2022. City staff worked collaboratively to update the plan to ensure that our city remains eligible to receive future federal funds if a disaster occurs. The final draft of the Plan is posted on the Dakota County web site at https://www.co.dakota.mn.us/HealthFamily/HandlingEmergencies/Planning/Pages/all-hazard.aspx. VIII-15 According to FEMA rules, cities must formally adopt the Plan within one year of its approval to be covered by the Plan. This is required in order for the City to secure federal Disaster Public Assistance and Mitigation Grants for communities in case of a disaster. Prior to receipt of the City’s resolution adopting the Plan federal disaster funds will not be available. The work on this project does not end with adoption of the Plan. As a method to keep the Plan at the forefront, the implementation of the mitigation strategies outlined in the Plan will be monitoring during meetings of the Dakota County Domestic Preparedness Committee JPA. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None VIII-15 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION XX-XX-22 A RESOLUTION FOR ADOPTION OF THE DAKOTA COUNTY ALL HAZARD MITIGATION PLAN WHEREAS, the Disaster Mitigation Act of 2000 requires counties and cities to prepare an All- Hazard Mitigation Plan (Plan) every five years; and WHEREAS, plans must address potential natural and manmade hazard and develop mitigation strategies to reduce the impacts of hazard events both in dollars and lives saved; and WHEREAS, the County and participating cities must have an adopted Plan to be eligible for federal disaster relief and mitigation project grants; and WHEREAS, the first Plan was approved by the Minnesota Department of Homeland Security and Emergency Management (MNHSEM) and the Federal Emergency Management Agency (FEMA) in 2006 and the was updated again in 2011 and 2017; and WHEREAS, since late 2020, the City of Hastings has participated in updating the City’s mitigations strategies as part of the required five-year update to the Plan, and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Plan includes a risk assessment including past hazards, hazards that threaten the county, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Plan participants will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comments and received conditional approval on August 4, 2022; and WHEREAS, The Dakota County Board of Commissioners formally approved and adopted the 2022 update to the All-Hazard Mitigation Plan in late September 2022. VIII-15 NOW THEREFORE BE IT RESOLVED that the City of Hastings supports the hazard mitigation planning effort and wishes to adopt the 2022 update to the Dakota County All-Hazard Mitigation Plan. Adopted this 21st day of November 2022, _______________________________ Mary Fasbender, Mayor Attest: ______________________ Kelly Murtaugh, City Clerk VIII-15 City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney, City Planner Date: November 21, 2022 Item: Resolution: Variance #2022-56 – Freestanding Monument Sign – 200 2nd Street West Council Action Requested: Review and act on the attached resolution granting a variance to City Code Chapter 155.05, Subd. 155.08, Subd. (D)(8)(c) – Freestanding signs are prohibited in the East 2nd Street Historic District or on properties zoned DC Downtown Core. Adoption of the resolution requires the support of at least six of seven Councilmembers. Background Information: The DC, Downtown Core zoning district does not allow monument signs since development in the district is to occur up to the lot lines. The Confluence building was pre-existing and has ample room for a monument sign and had one previously for decades. Additional information may be found in the attached November 14th Planning Commission Packet. Financial Impact: N\A Advisory Commission Discussion: The Planning Commission voted 5-0 to recommend approval of the variance at the November 14, 2022 meeting with limited discussion. No one from the public spoke for or against the item during the meeting besides the applicant’s representative. Council Committee Discussion: N\A Attachments:  Resolution: Variance  Planning Commission Staff Report – November 14, 2022 X-B-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A VARIANCE TO THE NUMBER OF MONUMENT SIGNS ALLOWED IN THE DC DISTRICT LOCATED AT 200 2ND STREET WEST AS REQUESTED BY CONFLUENCE DEVELOPMENT LLC. Council member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Confluence Development LLC, property owner, seeks to construct a +/- 5-foot tall monument sign on property generally located at 200 2nd St W and legally described as Lot 1, Block 1, GREAT RIVERS LANDING, Dakota County, Minnesota; and WHEREAS, The Subject Property is Zoned DC, Downtown Core per Hastings City Code Chapter 155.01 (A) - Zoning Map; and WHEREAS, Hastings City Code Chapter 155.08, Subd.(D)(8)(c) – does not allow one Freestanding sign in the DC Downtown Core district; and WHEREAS, The Property Owner seeks a variance to that same chapter Subd. to allow one monument sign; and WHEREAS, on November 14, 2022, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the findings of fact contained herein; and WHEREAS the City Council acting as the Board of Zoning Adjustment and Appeals has reviewed the request and concurs with the recommendation of the Planning Commission; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: X-B-01 That the City Council hereby approves the variance as presented to the City Council based on the following findings of fact: 1. The site was not originally developed for commercial use or contiguous with the commercial district making for a peculiar situation. The owners would have practical difficulties with advertisement and directing patrons without a freestanding sign to overcome the poor visibility of the site from the commercial downtown. To achieve wayfinding between the site and downtown, a freestanding sign with visibility is necessary and practical. 2. This site is uniquely developed in the district. There are no other sites within the DC district that have yard space to locate a freestanding sign. 3. The owner doesn’t seek to obtain the variance exclusively to increase the value or income potential of the lot, as the variance is necessary to construct a modest decorative sign for wayfinding. 4. Granting of the variance would allow for the placement of a freestanding sign in much the same location as a previous freestanding sign that existed for many decades without issue. 5. The proposal would not impair light, air, congestion, fire danger, public safety, or property values within the vicinity, as the proposed sign is relatively small and located in the general location of a previous sign that caused no issues. 6. The purpose and intent of the ordinance is to limit freestanding signs from locations that do not have accommodating space for them and would not need them due to the pedestrian nature of a historic downtown. The subject property has a great deal of front yard space for a freestanding sign and will be visited by patrons in vehicles more than foot traffic. 7. The variance is consistent with the comprehensive plan with having consistent guidance and zoning. 8. The proposal puts the property to use in a reasonable manner as, the site has had a similar freestanding sign in the same general location for many decades. 9. The practical difficulties were created by the official controls being written for a unique historic downtown and later applied to properties in a different location that developed differently. The applicant cannot accomplish the proposal under the current ordinance requirements. 10. The variance will not alter the essential character of the locality. The proposed freestanding sign is a decorative masonry monument sign that compliments area building materials. Being +/- five-feet tall and under 50 square feet, the proposed sign would comply with the strictest of monument sign regulations for any district in the City, including residential. There had been a larger monument sign in this general location for many decades. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Approval of the variance is subject to the following conditions: X-B-01 1. Conformance with the City Council Staff Memo and plans dated November 21, 2022. 2. Approval is subject to a one year Sunset Clause; construction of the sign must occur within one year of this resolution or the approval is null and void. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Adopted by the Hastings City Council on November 21, 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 21st day of November 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-B-01 To: Planning Commissioners From: Justin Fortney, City Planner Date: November 14, 2022 Item: Variance #2022-56 – Freestanding Monument Sign – 200 2nd Street West Planning Commission Action Requested The Planning Commission is asked to review the following variance request of Confluence Development LLC and make a recommendation to the City Council. A variance to the number of freestanding signs. Chapter 155.08, Subd.(D)(8)(c) – Freestanding signs are prohibited in the East 2nd Street Historic District or on properties zoned DC Downtown Core. Background Information The DC – Downtown Core zoning district was created to regulate land uses of the historic downtown and new adjacent construction. The downtown has not been rezoned to DC, but the district has been used for new development in the greater downtown area. The DC district is generally supportive of new downtown expansion and assures development standards that are similar to the existing downtown. These would include uses, density, setbacks, and similar. It generally allows all the typical uses that have operated downtown. However, there are a few ancillary DC district regulations that may have unintended restrictions when used in other areas or with existing buildings outside of the historic downtown. The historic downtown and new construction in the DC districts are generally built up to the lot lines. This would not allow for a monument sign. The former Hudson Manufacturing building was not originally constructed as a downtown commercial building, so it followed a different form. There is ample area for a monument sign and one had historically existed in the same general area as proposed. There are no similar situations that exist in the district. Variance Definition Variances are deviations from strict compliance of City Code provisions. The Board of Adjustment and Appeals may issue a variance upon determination of findings of fact and Planning Commission Memorandum X-B-01 conclusions supporting the variance as established in Chapter 30.02, Subd. F of the City Code. Board of Zoning Adjustment and Appeals Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and Appeals and appoints the City Council and Planning Commission to facilitate the Board’s roles and duties. Applications for Variances require Board of Zoning Adjustment and Appeals review. Variance Review City Code Chapter 30.02(F) establishes the requirement for granting variances. The Planning Commission (acting in part as the Board of Adjustment and Appeals) may consider variances to the Zoning Code that are not contrary to the public interest where owing to special conditions, and where a literal enforcement of the provision of the City Code would result in practical difficulties. Variances may be granted providing the following has been satisfied (staff review appears in bold italics): (1) Because of the particular physical surroundings, shape or topographic conditions of the land involved, a practical difficulty to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out; The site was not originally developed for commercial use or contiguous with the commercial district. The owners would have practical difficulties with advertisement and directing patrons without a freestanding sign to overcome the poor visibility of the site from the commercial downtown. To achieve wayfinding between the site and downtown, a freestanding sign with visibility is necessary and practical. (2) The conditions upon which the petition for a variance is based are unique to the tract of land for which the variance is sought and not applicable, generally, to other property with the same zoning classification; This site is uniquely developed in the district. There are no other sites within the DC district that have yard space to locate a freestanding sign. (3) The purpose of the variance is not based exclusively upon a desire to increase the value or income potential of the parcel of land; The owner doesn’t seek to obtain the variance exclusively to increase the value or income potential of the lot, as the variance is necessary to construct a modest decorative sign for wayfinding. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the vicinity in which the tract of land is located; Granting of the variance would allow for the placement of a freestanding sign in much the same location as a previous freestanding sign that existed for many decades without issue. (5) The proposed variance will not impair an adequate supply of light and air to property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety or substantially diminish or impair property values within the vicinity; The proposal would not impair light, air, congestion, fire danger, public safety, or X-B-01 property values within the vicinity, as the proposed sign is relatively small and located in the general location of a previous sign that caused no issues. (6) The variance is in harmony with the purposes and intent of ordinance; Yes, the purpose and intent of the ordinance is to limit freestanding signs from locations that do not have accommodating space for them and would not need them due to the pedestrian nature of a historic downtown. The subject property that has a great deal of front yard space for a freestanding sign and will be visited by patrons in vehicles more than foot traffic. (7) The variance is consistent with the comprehensive plan; Yes, the Comprehensive Plan guides this area as mixed use. (8) The proposal puts the property to use in a reasonable manner; Yes, the site has had a similar freestanding sign in the same general location for many decades. (9) There are practical difficulties in complying with the official control. “Practical difficulties”, as used in connection with the granting of the variance means that: (a) The property owner proposes to use the property in a reasonable manner not permitted by an official control; Yes, as stated in number 8 above. (b) The practical difficulty is caused by the provisions of this chapter and has not been created by any persons presently or formerly having an interest in the parcel of land; The practical difficulties were created by the official controls being written for a unique historic downtown and later applied to properties in a different location that developed differently. 1. A practical difficulty is not present if the proposal could be reasonably accomplished under the current Ordinance requirements. The applicant cannot accomplish the proposal under the current ordinance requirements. (a) The variance, if granted, will not alter the essential character of the locality. The proposed freestanding sign is a decorative masonry monument sign that compliments area building materials. Being under five feet tall and under 50 Sq Ft, the proposed sign would comply with the strictest of monument sign regulations for any district in the city, including residential. There had been a larger monument sign in this general location for many decades. (b) Economic considerations alone do not constitute practical difficulties. The applicant has not stated any financial reasoning for the variance. (c) Practical difficulties include inadequate access to direct sunlight for solar energy systems. Not applicable. X-B-01 NOTIFICATION Property owners within 350-feet of the subject property were notified of the variance request and staff has not received any comments. RECOMMENDATION Approval of the variance is recommended based on the preceding findings of fact and subject to the following conditions. Conditions 1. Conformance with the Planning Commission Staff Report and plans dated November 14, 2022. 2. Approval is subject to a one-year Sunset Clause; if progress on the proposal is not made within one year of City Council approval, the approval is null and void. ATTACHMENTS  Aerial Photo  Site Plan  Zoning Map  Monument Sign Graphics  Site Photo Aerial Photo X-B-01 Site Plan Zoning Map X-B-01 Architectural Drawing below Rendering X-B-01 Previous Freestanding Sign View from Street X-B-01