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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, March 6, 2023 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Employee Promotions:
Joe Spagnoletti
Matt Lindeman
New Employee Introductions:
Jake Gartzke
John Jamison
Mason Johnson
Lucas Knoll
Duncan Kusant
Wendy Mainka
Krista Moes
Jason Stapleton
Jesse Viall
Mike Wagner
Robert Wood
Thierry Auge`
Allen Jaeger
Gino Messina
Presentation: Dakota County Historical Society / LeDuc Historic Estate
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meeting on February 21, 2023.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy to
be acted upon by the City Council in a single motion. There will be no discussion on these
items unless a Councilmember so requests, in which event the items will be removed from the
Consent Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution: Approve New Liquor License for Rehoboth, Inc. dba Bimi Thai Restaurant
3. Resolution: Approve In-Store Fireworks Sales License from Phantom Fireworks at Fleet
Farm (875 General Sieben Drive)
4. 2nd Reading: Ordinance Amendment: City Code Chapter 33 – Criminal History
Background Investigations
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5. MOU with International Association of Firefighters, Local # 5113 Regarding Alternate
Schedule
6. 1st Reading: City Code Amendment – Chapter 117 Cannabis and Hemp (Licensing)
7. 1st Reading: City Code Amendment – Chapter 155 Cannabis and Hemp (Zoning)
8. Authorize Signature: Stormwater Management Agreement – Suite Living
9. Resolution: Approve Budget Carryover from 2022 to 2023
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
1. 2023 Neighborhood Infrastructure Improvements
a. Public Hearing
b. Authorize Advertisement for Bids
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion
of the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
1. Authorize L&S Electric to Complete the Hastings Hydro Facility Preventative
Maintenance Program Development
B. Parks and Recreation
C. Community Development
1. Annexation – Best Development Property – Walden at Hastings (TH 316 & Michael
Ave)
a. Remove from Table
b. Ordinance Amendment – Annexation
D. Public Safety
1. Fire and Ambulance Service Contract with Hastings Rural Fire Association
E. Administration
1. Personnel Policy Updates and Additions
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, March 20, 2023 7:00 p.m.
Hastings, Minnesota
City Council Workshop
February 21, 2023
The City Council of the City of Hastings, Minnesota met in a workshop on Tuesday,
February 21, 2023 at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th
Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Lund, Pemble
Members Absent: Leifeld
Staff Present: City Administrator Dan Wietecha
Interim Public Works Director Ryan Stempski
Assistant City Administrator Kelly Murtaugh
Community Development Director John Hinzman
Mayor Fasbender called the workshop to order at 5:03 p.m., welcoming Council members and
Public Works Director Ryan Stempski to discuss PFAS. Stempski introduced the topic of PFAS
(per- and poly-fluoroalkyl substances). He shared the current measurement standards that the six
City wells must adhere to and our current index. He provided graphics that demonstrate how the
moving contaminant may interact with the area geology and then impact the City wells. How this
all impacts the City’s water is the purpose of further detailed study.
1. Drinking Water Standards – Update on EPA and MDH
a. There are 6 elements that are tested for when wells are tested. The most prevalent
for health impact are the PFOS and PFOA. When the levels are adjusted, this will
affect the index for City wells. The levels of these elements have remained
relatively constant during the decade of this type of testing.
b. The EPA is expected to release proposed reduced the levels of PFOA and PFOS
in March 2023. Public comment will follow the release.
c. The MDH (Mn Dept of Health) will also release updated standards later this
spring. This could trigger a drinking water advisory for the City and a requirement
for mitigation.
2. Limited Phase One Environmental Review
a. Done by the MPCA
i. Identified potential source locations
ii. Identified data gaps, including along the Mississippi River
iii. Considering additional modeling efforts to fill current data gaps
iv. Conduct additional groundwater investigation to delineate PFAS plume
with Pine Street dump
v. Regular meetings with MPCA
3. Preliminary Project Scope and Cost Estimate
a. Three preliminary sites have been identified for future filtration plants. Need to
also run raw water lines from wells to these sites for treatment.
b. Would treat for nitrates prior to treating for PFAS, for effectiveness of filtration.
c. Estimate of $62M to construct this treatment system.
4. Communications Plan
a. 6 principles of CERC Framework, CDC & Prevention
i. Be first, be right, be credible, express empathy, promote action, show
respect (tell our story; drafts prepared)
b. Local plan: City Council Talking Points, message from City Council, Press
release, FAQs, Links to MDH, CCR, Open House with State Agencies (MDH,
MCPA)
c. Talking points—council discussion on possible questions; resources to be
proactive; and listening for common themes at the public meeting to further
develop the FAQs
d. Message from City Council—council discussion on message from Council—do
not until the numbers are released this spring; start with an open letter to the
community from Council then possibly follow up with a video after the release of
the standards and for updates
5. Potential Funding Sources
a. There are some potential funding sources
i. Water rates—would more than double the rates just to cover principal
ii. 3M settlement funds—must prove connection to any of the 4 disposal sites
in Washington County
iii. Governor’s budget proposal includes help for planning or source
investigation (but not treatment)
iv. Other state and/or federal funding
6. Next Steps
a. MPCA lead on phase 2 environmental assessment
b. Council discussion--Partner with other cities that may also be impacted by the
change in standards; is there help needed to help keep this moving forward
(meetings, seeking funds/lobbying, engineering, communications consultant)?
Council supportive of attorney, engineer, and staff support.
c. Communication plan, communicate and be transparent with residents
d. Continue awareness of potential funding, submit project for PPL
The workshop adjourned at 6:57 pm.
____________________________ ______________________________
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
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Hastings, Minnesota
City Council Meeting Minutes
February 21, 2023
The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 21, 2023
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 Folch, Fox, Haus, Lund, and Pemble
Members Absent: Councilmember Leifeld
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Korine Land
Community Development Director John Hinzman
Public Works Director Ryan Stempski
Proclamation: Declaring to Drive Out Hunger During MN FoodShare for Hastings Family Service
Presentation: Highway 61 Corridor Study – Bryant Ficek (MnDOT)
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the regular City
Council meeting and Council Workshop on February 6, 2023.
Minutes were approved as presented.
Consent Agenda
Councilmember Fox motioned to approve the Consent Agenda as presented, seconded by
Councilmember Lund.
6 Ayes, 0 Nays
1. Pay Bills as Audited
2. Resolution No. 02-06-23: Approve Temporary One-Day Gambling and One-Day Liquor Permit
for Hastings Family Service
3. 1st Reading: Ordinance Amendment - Chapter 33 – Criminal History Background Investigations
4. Resolution No. 02-07-23: Accept Donation for 2023 Annual Safety Camp from Dakota Electric
Association
5. Resolution No. 02-08-23: Accept Donation for 2023 Rec+Art+Police Program from Country
Financial
6. Resolution No. 02-09-23: Accept Donation for Health and Wellness from the Hastings Fire Relief
Association
7. Resolution No. 02-10-23: Approve Plans & Authorize Advertisement for Bids – 2023 Mill &
Overlay Program
8. Approve 2023 Pavement Management Projects & Authorize South Metro Joint Powers
Agreement
9. Resolution No. 02-11-23: Approve Final Payment – 2022 Neighborhood Infrastructure
Improvements (Danner, Inc. $141,682.40)
10. Appoint Arts and Culture Commissioners: Barb Hollenbeck, Steven Read, Kirk Skeba, and
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Deirdre McGill (one-year terms) and Joe Becker, Jeannie Tribe, Sherry Humphrey, and Ryan
McCoy (two-year terms)
11. Grant Contract Agreement with State of Minnesota Environment and Natural Resources Trust
Fund (Lake Rebecca Park)
12. Declare Surplus Property and Authorize for Public Sale – Police Department
13. Approve Fire Department Submission of Staffing for Adequate Fire and Emergency Response
(SAFER) Grant
14. Accept SMEAD Manufacturing Company Sponsorship for 2023 Performance in the Park
15. Strategic Initiatives Final Report, 2021 - 2023
2023 Street Reconstruction Project - Public Hearing - Resolution No. 02-12-23: Adopting Street
Reconstruction Plan and Approving Issuance of GO Street Reconstruction Bonds
Wietecha introduced the project and provided an overview of the request. Jessica Green from
Northland Securities, presented on the bond issue for the project. Council is asked to adopt the 2023-2027
Street Reconstruction Plan and Approve Issuance of General Obligation Street Reconstruction Bonds, Series
2023A. The City is proposing to finance a portion of the 2023 Street and Utility Infrastructure Project through
the issuance of General Obligation Street Reconstruction Bonds. As part of the issuing process, the City is
required to approve a street reconstruction plan.
Mayor Fasbender opened the public hearing at: 8:31 p.m.
Mayor Fasbender closed the public hearing at: 8:31 p.m.
No Council discussion.
Councilmember Pemble motioned to approve as presented, seconded by Councilmember Fox.
6 Ayes, 0 Nays.
Home Occupation Renewals
a. Resolution No. 02-13-23: Dan Rother (1505 Brooke Ct)
b. Resolution No. 02-14-23: Larry and Shelly Sukow (3121 Riverwood Dr)
c. Resolution No. 02-15-23: Pat Moseng (413 18th St E)
d. Resolution No. 02-16-23: Mitch and Darcy Shemon, (3923 Martin Ln)
Hinzman provided an overview of the request to renew the 5-year Type II Home Occupation License
renewal for several applicants. Hinzman reviewed the purpose of each license renewal and included
notification was sent to property owners within 350-feet of the subject properties. Staff has not received any
comments or complaints from the operation of the subject home occupations since they began.
No Council discussion.
Councilmember Lund motioned to approve as presented, seconded by Councilmember Pemble.
6 Ayes, 0 Nays.
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Strategic Priorities
Wietecha reviewed the proposed options for approaching strategic planning following conversation
with prospective consultants.
Council discussion on the various approaches. Council expressed interest in a comprehensive
approach and some interest in a blended approach. Council expressed the need to have actionable items that
meet priorities. Councilmembers provided perspectives for the two approaches. Council discussion on the
benefits of a comprehensive approach: council engagement and need/problem identification. Council
discussion on the benefits of blended approach as adding specific deliverables and outcomes. Council
discussion on identifying level of effort in each approach, number of meetings, and timeframe for the options.
Wietecha indicated that he would reach out to facilitators in the blended to comprehensive approach range,
keeping opportunity to identify specific projects.
Announcements
• Experience snowshoeing on Sunday February 26, at Jaycee Park. A park naturalist will lead
participants through floodplain forest and prairie. Snowshoes and instruction provided. Pre-
registration required on City website. Thank you to partner Dakota County Parks.
• Applications for 2023 Community Investment Fund project proposals are open, with a first review of
applications set for March 31, 2023. The City created the CIF last year to encourage and support
community partnerships and community-driven projects.
Meetings
• Planning Commission Meeting on Monday, February 27, 2023 at 7:00 p.m.
• Utilities Committee Meeting on Monday, February 27, 2023 at 7:00 p.m.
• City Council Regular Meeting on Monday, March 6, 2023 at 7:00 p.m.
Councilmember Pemble motioned to adjourn the meeting at 8:52 PM, seconded by Councilmember
Fox. Ayes 6; Nays 0.
____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang – Accountant
Date: 03/02/2023
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of January 2023 CC payments.
Council review of weekly routine disbursements issued 02/28/2023.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
03/07/2023.
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:
January 2023 CC Payments $ 28.742.70
Disbursement checks, EFT issued on 02/28/2023 $ 85,941.30
Disbursement checks, EFT to be issued on 03/07/2023 $ 113,896.03
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
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Account Vendor Amount Account Description
12/30/2022 League Of Minnesota Ci 700.00 101-102-1021-6323 Elected Leaders Foundation - LMC
01/17/2023 Lock And Dam Eatery 145.12 101-102-1021-6450 City Council Workshop 1/17/2023
01/11/2023 Vzwrlss My Vz Vb P 35.01 101-105-1051-6321 Verizon Air Cards
01/04/2023 Icma Online 1,117.00 101-105-1051-6433 ICMA Annual Membership
01/27/2023 Facebk C4cz2mf7p2 65.00 101-107-1061-6331 Online ads for Restaurant Week campaign. - Please code to HEDRA marketing : 407-180-6003-633101/20/2023 Pioneer Press Circ 12.00 101-107-1061-6433 Monthly newspaper fee01/12/2023 Dakota Pines Golf Club 13.00 101-107-1061-6450 Food and beverage01/10/2023 Hastings Area Chamber 10.00 101-107-1061-6450 professional development Women Inspiring Women social media event.01/11/2023 Vzwrlss My Vz Vb P 35.01 101-107-1071-6321 Verizon Air Cards01/25/2023 League Of Minnesota Ci 20.00 101-107-1071-6323 Safety and Loss Control Workshop01/14/2023 Robert Half Intl 272.00 101-120-1201-6103 Temp wages01/25/2023 Delta 00679139328103 428.90 101-120-1201-6323 Flight to Portland for GFOA 01/25/2023 Alaska A 02779138541211 208.91 101-120-1201-6323 Return flight from GFOA - different airline than going to Portland, so listed as individual charge.
01/25/2023 Orbitz 72478426774025 5.66 101-120-1201-6323 Orbitz booking fee for GFOA conference flight.
01/25/2023 Orbitz 72478426774025 49.87 101-120-1201-6323 Trip insurance for GFOA in case need to cancel.
01/24/2023 Government Finance Off 485.00 101-120-1201-6323 Annual GFOA conference registration
01/24/2023 Paypal Ehlers 235.00 101-120-1201-6323 Ehlers Public Finance Seminar registration01/25/2023 The Home Depot #2810 22.97 101-140-1401-6217 P.W., Paper towels and F.C. needle Nose Pliers01/22/2023 Amzn Mktp US Hy7hk1743 43.79 101-140-1401-6217 Die grinder01/18/2023 Vzwrlss My Vz Vb P 41.14 101-140-1401-6321 Verizon Cell Phones01/25/2023 The Home Depot #2810 65.82 101-140-1403-6217 Salt, bin, electrical supplies01/16/2023 The Home Depot #2810 53.56 101-140-1403-6217 Police dept. wrenches01/18/2023 Vzwrlss My Vz Vb P 87.28 101-150-1501-6321 Verizon Cell Phones01/13/2023 Eig Constantcontact.Co 42.75 101-160-1061-6310 Monthly enewsletter software fee.01/10/2023 Amzn Mktp US 898kz6cc3 64.89 101-160-1601-6217 ipad case/keyboard for council (spare).
01/06/2023 Ebay O 13-09549-77430 39.88 101-160-1601-6217 2x Mitel desk phones for front desk/spare
01/16/2023 Comcast Cable Comm 84.90 101-160-1601-6308 cable
01/07/2023 Zoom.Us 888-799-9666 1,899.00 101-160-1601-6310 Zoom Annual Subscription
01/18/2023 Centurylink Lumen 88.68 101-160-1601-6321 Duplicate Pymt for 911 Service. Will apply to next month.
01/17/2023 Centurylink Lumen 88.68 101-160-1601-6321 Century Link 911 Service01/18/2023 Vzwrlss My Vz Vb P 46.14 101-160-1601-6321 Verizon Cell Phones01/11/2023 Vzwrlss My Vz Vb P 40.01 101-160-1601-6321 Verizon Air Cards01/25/2023 Intoximeters Inc 244.00 101-201-2010-6217 PBT Straws for Intoxilyzer instruments01/23/2023 Sp Nobull 103.20 101-201-2010-6218 Exercise Shoes/ Running 01/23/2023 Gunfightersinc.Com 187.75 101-201-2010-6218 Sgt. Matt Hedrick - Chest Holster for backup weapon. Approved by 140101/24/2023 Spartan Armor Systems 78.05 101-201-2010-6218 Sgt. Matt Hedrick - Pouch and Magazine Holder for Plate Carrier. Approved by 140101/23/2023 Zero9 Solutions Llc 51.95 101-201-2010-6218 Sgt. Matt Hedrick - BWC Holder for Plate Carrier01/08/2023 Ua.Com 888-727-6687 Md 35.97 101-201-2010-6218 Uniform Allowance - Sgt. Beuch - Long Underwear for Duty
01/06/2023 Ua.Com 888-727-6687 Md 38.96 101-201-2010-6218 Uniform Allowance - Sgt. Beuch - Fitted Mock Tee
01/07/2023 Galls 104.98 101-201-2010-6218 Uniform Allowance - Sgt. Beuch - Galls Boots for Duty Work
01/04/2023 Galls 45.98 101-201-2010-6218 Uniform allowance - Sgt. Kline - leather search gloves
01/04/2023 Fleet Farm Ecom 4000 267.80 101-201-2010-6218 Uniform Allowance - Sgt. Diedrich - binoculars for patrol01/03/2023 Guardian Supply 478.09 101-201-2010-6218 Uniform Allowance - Sgt. Diedrich12/30/2022 Zero9 Solutions Llc 36.95 101-201-2010-6218 Uniform allowance - Sgt. Kline - pepper spray holder01/17/2023 In The Bpad Group, In 120.00 101-201-2010-6311 BPAD Testing - Police Officer Hiring Process01/12/2023 In The Bpad Group, In 180.00 101-201-2010-6311 BPAD Testing - Police Officer Hiring Process01/18/2023 Vzwrlss My Vz Vb P 1,320.51 101-201-2010-6321 Verizon Cell Phones01/11/2023 Vzwrlss My Vz Vb P 678.96 101-201-2010-6321 Verizon Air Cards01/23/2023 Usps Po 2642300046 9.55 101-201-2010-6322 Urine Kit to BCA - case 2300013901/12/2023 Usps Po 2642300046 15.70 101-201-2010-6322 Certified mail on two vehicle forfeitures IC # 23-0015 & IC# 23-0022
01/16/2023 Bca Training Education 250.00 101-201-2010-6323 BCA Training - Influence in Supervision (Approved)
01/11/2023 Courtyard Milwaukee Ar 128.14 101-201-2010-6323 Hotel for Payton Walser while at Narcotics Training
01/10/2023 Nj Criminal 225.00 101-201-2010-6323 Mastering Narcotics Investigations-Payton Walser
12/27/2022 Bca Training Education 375.00 101-201-2010-6323 Georgeann DMT Training at BCA
01/24/2023 Axon 43.90 101-201-2010-6364 Axon BWC Charging Base Mount01/24/2023 Minnesota Chiefs Of Po 193.00 101-201-2010-6433 MN Chiefs Assoc. Membership01/17/2023 Mapet 35.00 101-201-2010-6433 Richard Brown membership for MN Property and Evidence Technicians01/17/2023 Paypal Iape Iape 65.00 101-201-2010-6433 International Assoc. for Property & Evidence, Brown Membership01/04/2023 Association Of Minneso 100.00 101-201-2010-6433 Assoc of MN Emergency Managers - 2023 membership - Wilske12/27/2022 Petsmart #3221 110.98 101-201-2219-6231 Pet Smart dog food and toy 01/26/2023 Department Of Labor An 420.28 101-230-2301-2015 Dec Bldg Permit Surcharge01/18/2023 Vzwrlss My Vz Vb P 41.14 101-230-2301-6321 Verizon Cell Phones01/11/2023 Vzwrlss My Vz Vb P 225.06 101-230-2301-6321 Verizon Air Cards
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12/28/2022 Fusion Learning Partne 385.00 101-300-3100-6323 2023 CEAM Conference - John Caven
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01/18/2023 Vzwrlss My Vz Vb P 32.54 101-301-3200-6321 Verizon Cell Phones01/02/2023 Tennis Sanitation Llc 141.83 101-401-5001-6311 Recycle/garbage01/18/2023 Menards Cottage Grove 282.46 200-401-4440-6217 supplies01/04/2023 Amzn Mktp US Wp68r8yl3 223.99 200-401-4440-6240 bolt remover tool12/28/2022 Amzn Mktp US 2f50d1ce3 266.72 200-401-4440-6240 scan tool01/18/2023 Vzwrlss My Vz Vb P 73.68 200-401-4440-6321 Verizon Cell Phones01/11/2023 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards01/24/2023 Airport Limousine Serv 104.00 200-401-4440-6323 shuttle service for Event Management School from airport 01/20/2023 Msp Airp Peoples Organ 13.42 200-401-4440-6323 travel day food
01/20/2023 Primanti Bros Pit Air 15.45 200-401-4440-6323 travel day food
01/20/2023 Delta 00642515707341 30.00 200-401-4440-6323 one bag check to school
01/18/2023 Dining At Oglebay 39.79 200-401-4440-6323 combined lunch/dinner rate - no meals provided during school this day
01/16/2023 Dining At Oglebay 31.30 200-401-4440-6323 dinner at school 01/15/2023 Delta 00642512475850 30.00 200-401-4440-6323 one checked bag from school01/15/2023 Msp Airp Peoples Organ 31.00 200-401-4440-6323 meal for travel day01/06/2023 U Of M Contlearning 40.00 200-401-4440-6323 Training class for Green Corps Staff01/18/2023 Tractor Supply #1246 89.98 200-401-4440-6354 Tri ball for towing, towels for vehcile cleaning.01/11/2023 Hastings Ford 1,802.17 200-401-4440-6354 Repair 2022 F350 rodent damage to wiring.01/05/2023 S And B Filters Inc 699.00 200-401-4440-6354 Cab mounts for 2011 quad cab 01/03/2023 Tractor Supply #1246 223.93 200-401-4440-6356 mat01/17/2023 Amzn Mktp US Ji8em8j63 404.88 200-401-4440-6580 equipt
01/10/2023 Amzn Mktp US Hl8wz1e50 404.88 200-401-4440-6580 equiptment
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January 2023 CC Purchases
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01/25/2023 Pop Up Party Rental 519.60 200-401-4445-6319 inflatable for summer kick off 01/11/2023 Batteries Plus - #0032 75.54 200-401-4447-6350 Emergency lighting Batteries01/23/2023 Wal-Mart #1472 29.96 200-401-4452-6217 warming house supplies01/10/2023 United Promotions 365.30 200-401-4452-6217 sweatshirts01/14/2023 Wal-Mart #1472 71.82 213-210-2100-6217 Station supplies12/30/2022 Wal-Mart #1472 155.87 213-210-2100-6217 station supplies
01/08/2023 Amazon.Com J56mu8p63 125.99 213-210-2100-6221 Rechargeable batteries for portable lights
01/20/2023 Dps Firefighter Licens 75.00 213-210-2100-6311 Firefighter license
01/18/2023 Vzwrlss My Vz Vb P 97.62 213-210-2100-6321 Verizon Cell Phones
01/11/2023 Vzwrlss My Vz Vb P 500.14 213-210-2100-6321 Verizon Air Cards01/26/2023 Sq Field Training Sol 295.00 213-210-2100-6323 FTO Course for Kwiatkowski01/10/2023 Amzn Mktp US A67xa0ua3 114.93 213-210-2100-6323 Brannigan's building construction book12/31/2022 Mn Iaai 25.00 213-210-2100-6433 2023 Membership renewal for Jamie Stevens01/05/2023 Liquidspring Llc 301.76 213-220-2200-6221 HW steering, height sensor for Medic 201/17/2023 J2 Efax Corporate Svc 104.95 213-220-2200-6433 Service utilized to transmit EMS reports via fax to receiving hospitals01/17/2023 National Registry Emt 104.00 213-220-2200-6433 National EMT test fee for Lucas Knoll01/07/2023 National Registry Emt 474.00 213-220-2200-6433 Recertification Fees - 10 EMT's at $25.00 each / 7 Medics at $32.00 each01/11/2023 Green Mill Restaurant 589.69 221-201-2021-6450 HPD Reserve Banquet - Food and Beverage
01/18/2023 Intoximeters Inc 230.50 222-201-2015-6450 PBT Dry Gas Cylinder
01/18/2023 Vzwrlss My Vz Vb P 123.42 600-300-3300-6321 Verizon Cell Phones
01/11/2023 Vzwrlss My Vz Vb P 250.07 600-300-3300-6321 Verizon Air Cards
01/11/2023 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards
01/26/2023 Mn Pollution Control S 5.59 601-300-3400-6323 Wastewater Training Josh Sirinek Service Charge01/26/2023 Mn Pollution Control A 260.00 601-300-3400-6323 Josh Sirinek Wastewater Training12/28/2022 U Of M Contlearning 115.00 603-300-3600-6323 Justin - Construction Installer Re-Certification01/04/2023 Howies Hockey Inc 414.60 615-401-4103-6210 Pro shop supplies12/30/2022 Menards Cottage Grove -29.99 615-401-4103-6217 Furnace Exhaust Parts12/30/2022 Menards Cottage Grove 113.25 615-401-4103-6217 Furnace Exhaust Parts12/30/2022 Menards Cottage Grove 44.99 615-401-4103-6217 Furnace Exhuast Parts01/06/2023 Miama 250.00 615-401-4103-6433 Annual membership dues
TOTAL 28,742.70
VIII-01
02-23-2023 12:15 AM Council Report FEBRUARY 28TH PYMTS, 2023 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 895.60
MARCH 2023 LIFE INS PREM 62.49_
TOTAL: 958.09
COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 34.30_
TOTAL: 34.30
ADMINISTRATION GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 4.90_
TOTAL: 4.90
CITY CLERK GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 14.70
MARCH 2023 LIFE INS PREM 4.17_
TOTAL: 18.87
FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 10.00
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 19.60_
TOTAL: 29.60
LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. JAN 2023 RETAINER 2,254.50
JAN 2023 RETAINER 1,524.21
JAN 2023 RETAINER 324.00
JAN 2023 RETAINER 105.00
JAN 2023 RETAINER 564.50
JAN 2023 RETAINER 11.50
JAN 2023 RETAINER 26.00_
TOTAL: 4,809.71
FACILITY MANAGEMENT GENERAL MEI TOTAL ELEVATOR SOLUTIONS JANUARY YEARLY SERVICE 826.80
JANUARY YEARLY SERVICE 826.80
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 4.17
DALCO CH RETURN COMBUSTABLE LINE 249.40-
JAYTECH, INC. F.C. CONSULT-GLYCOL ANALYS 525.00
NINE EAGLES PROMOTIONS JUDGE - SHIRTS 45.00
TERRYS HARDWARE, INC. C.H. BELTS 16.98
PARTS 37.95
P.D. AIR COMP. PARTS 258.76
P.D. GARAGE DOOR PARTS 68.37
P.D. BELTS & TRAP NUT 26.46
F. C. PLUMBING PARTS 14.28_
TOTAL: 2,401.17
COMMUNITY DEVELOPMENT GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 4.90_
TOTAL: 4.90
I.T. GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 14.70
DAKOTA COUNTY FINANCIAL SERVICES FEB 2023 IT SERVER LEASE 250.00
DELL DIRECT SALES L.P. COMPUTER DEPLOY-6 LAPTOPS/ 7,938.90
COMPUTER DEPLOY-3 LAPTOP/D 5,249.88
COMPUTER DEPLOY-2 LAPTOP/D 2,988.36
COMPUTER DEPLOYMENT-LAPTOP 1,643.85
COMPUTER DEPLOY-21 DESKTOP 17,102.40
2 LAPTOP BAGS 50.38_
TOTAL: 35,238.47
POLICE GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 171.44
SOUTH EAST TOWING OF HASTINGS INC FEBRUARY 23 LOT RENT 195.00
VIII-01
02-23-2023 12:15 AM Council Report FEBRUARY 28TH PYMTS, 2023 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
_______________
TOTAL: 366.44
BUILDING & INSPECTIONS GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 24.50
MARCH 2023 LIFE INS PREM 4.90_
TOTAL: 29.40
PUBLIC WORKS GENERAL STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 14.95
TERRYS HARDWARE, INC. PARTS 30.12_
TOTAL: 45.07
PUBLIC WORKS STREETS GENERAL TITAN MACHINERY. INC. SPROCKETS, FREIGHT 85.82
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 15.68
GRAYBAR ELECTRIC CIRCUIT BREAKER 55.56
SHERWIN-WILLIAMS GRAFFITI REMOVER 92.43_
TOTAL: 249.49
NON-DEPARTMENTAL PARKS STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 306.00_
TOTAL: 306.00
PARKS & RECREATION PARKS STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 53.90_
TOTAL: 53.90
NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 1.70_
TOTAL: 1.70
CABLE CABLE TV STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 0.74_
TOTAL: 0.74
NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 8.40_
TOTAL: 8.40
HERITAGE PRESERVATION HERITAGE PRESERVAT STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 1.23_
TOTAL: 1.23
NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 474.57_
TOTAL: 474.57
FIRE FIRE & AMBULANCE EMERGENCY SERVICE MARKETING CORP, INC. SUBSCRIPTION RENEWAL 735.00
NAPA AUTO PARTS PART FOR ENGINE 4 19.10
STATION SUPPLIES 10.49
HEALTH STRATEGIES ANNUAL PHYSICALS 6,795.00
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 18.87
ALEX AIR APPARATUS INC COMPRESSOR SERVICE-AIR QLT 846.14_
TOTAL: 8,424.60
AMBULANCE FIRE & AMBULANCE ALLINA HOSPITALS & CLINICS 1ST QTR. EDUCATION 600.00
1ST QTR. MEDICAL DIRECTOR 2,740.50
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 79.14
LINDE GAS & EQUIPMENT INC. OXYGEN 281.98
OXYGEN 167.54_
TOTAL: 3,869.16
NON-DEPARTMENTAL LEDUC HISTORIC EST STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 2.88_
TOTAL: 2.88
LEDUC LEDUC HISTORIC EST STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 0.74
VIII-01
02-23-2023 12:15 AM Council Report FEBRUARY 28TH PYMTS, 2023 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
ECOLAB PEST ELIMINATION DIVISION L.D. PEST SERVICES 124.58_
TOTAL: 125.32
NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 13.54_
TOTAL: 13.54
ECONOMIC DEVELOPMENT HEDRA STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 8.58_
TOTAL: 8.58
PUBLIC WORKS 2023 IMPROVEMENTS BARR ENGINEERING CO. 2023-1 STORM WATER SYSTEM 5,668.00_
TOTAL: 5,668.00
NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 60.12_
TOTAL: 60.12
PUBLIC WORKS WATER INNOVATIVE OFFICE SOLUTIONS, LLC FOLDERS, PENS 27.66
CORE & MAIN LP HYDRANT PARTS 477.01
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 23.96
GRAPHIC DESIGN BUSINESS CARDS-PW 102.00_
TOTAL: 630.63
NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 47.04_
TOTAL: 47.04
PUBLIC WORKS WASTEWATER STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 16.81_
TOTAL: 16.81
NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 85.19_
TOTAL: 85.19
PUBLIC WORKS STORM WATER UTILIT STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 15.09
BARR ENGINEERING CO. 2023-1 STORM WATER SYSTEM 6,949.00
2023-1 STORM WATER SYSTEM 960.00_
TOTAL: 7,924.09
PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 865.67
PRO GUARD SPORTS, INC. SKATE LACES 132.14
QUALITY PROPANE OF MN PROPANE 104.84
USS MN V MT LLC JAN 2023 HUBERS SOLAR GARD 4,736.77
STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 9.80
USS MN VII MT LLC JAN 2023 WILDCAT SOLAR GAR 678.52
DALCO ARENA - CLEANING SUPPLIES 689.86
RINK SYSTEMS INC EDGER PARTS 53.58
SYSCO, MINNESOTA CONCESSION SUPPLIES 781.53
TERRYS HARDWARE, INC. VINYL HOSE, HARDWARE 92.75
OIL DRI ABSORBANT 11.58_
TOTAL: 8,157.04
NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 2.69-
TOTAL: 2.69-
PUBLIC WORKS HYDRO ELECTRIC STANDARD INSURANCE COMPANY MARCH 2023 LIFE INS PREM 1.72
USS MN VII MT LLC JAN 2023 WILDCAT SOLAR GAR 3,042.47
K.R. WEST CO. INC. OIL SAMPLING 864.00_
TOTAL: 3,908.19
VIII-01
02-23-2023 12:15 AM Council Report FEBRUARY 28TH PYMTS, 2023 PAGE: 4
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
MISCELLANEOUS INSURANCE FUND LEAGUE OF MN CITIES INS TRST LMC GL 000000240725 1,542.89VIII-01
02-23-2023 12:15 AM Council Report FEBRUARY 28TH PYMTS, 2023 PAGE: 5
* REFUND CHECKS *
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL WATER FISCHER, PAUL US REFUNDS 167.12
LANGESLAY, BRUCE US REFUNDS 0.34
SCHUTZ, ROBERT J. US REFUNDS 85.94
GOOD DOMUS DUO LLC US REFUNDS 98.06
DOHMEN, JERRED US REFUNDS 52.80
ELLESTAD, KRISTIN US REFUNDS 18.70_
TOTAL: 1,965.85
=============== FUND TOTALS ================
101 GENERAL 44,190.41
200 PARKS 359.90
205 CABLE TV 2.44
210 HERITAGE PRESERVATION 9.63
213 FIRE & AMBULANCE 12,768.33
220 LEDUC HISTORIC ESTATE 128.20
407 HEDRA 22.12
483 2023 IMPROVEMENTS 5,668.00
600 WATER 1,113.71
601 WASTEWATER 63.85
603 STORM WATER UTILITY 8,009.28
615 ARENA 8,157.04
620 HYDRO ELECTRIC 3,905.50
705 INSURANCE FUND 1,542.89
--------------------------------------------
GRAND TOTAL: 85,941.30
--------------------------------------------
TOTAL PAGES: 5
VIII-01
03-02-2023 09:06 AM Council Report MARCH 7TH PYMTS, 2023 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM LODGING TAX-6 OF 6 2,909.38_
TOTAL: 2,909.38
COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.18
MARY FASBENDER LMC ELECTED LEADERS INSTIT 132.13_
TOTAL: 140.31
ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES 80.75
CENTURY LINK PHONES 171.72
TOSHIBA AMERICA BUSINESS SOLUT LEASE 321.25_
TOTAL: 573.72
CITY CLERK GENERAL I/O SOLUTIONS, INC. FAX SCORING ANSWER SHEETS 10.00
CENTURY LINK PHONES 24.53_
TOTAL: 34.53
FINANCE GENERAL CENTURY LINK PHONES 65.42_
TOTAL: 65.42
FACILITY MANAGEMENT GENERAL CENTURY LINK PHONES 114.48
DALCO TRASH BAGS 30.61
TRASH BAGS 30.00
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 80.23
W.W. GRAINGER, INC. CREDIT P.D. FILTERS 87.66-
P.D. AIR LINES FOR HVAC 64.25
SUPPLIES 212.50
SUPPLIES 25.88
SUPPLIES 110.64_
TOTAL: 580.93
COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.53_
TOTAL: 24.53
I.T. GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS 5 ENTRUST TOKENS 75.00
NETWORK SERVICES CHARGES 135.00
CENTURY LINK PHONES 24.53
FOXIT CORPORATION FOXIT COTERM MAINT. -2 LIC 50.66
DLT SOLUTIONS, INC. AUTO DESK SUBSCRIPTION 6,162.75_
TOTAL: 6,447.94
POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS DISPATCH 2023 ANNUAL USER 1,750.00
MARCH 2023 APPL SUP 3,338.00
DAKOTA COUNTY FINANCIAL SERVICES JAN 2023 FLEET PARTS 882.14
JAN 2023 FLEET LABOR 1,900.87
JAN 2023 FLEET GEOTAB TELE 331.50
CENTURY LINK PHONES 188.08
SHRED RIGHT SERVICE FEE-OCT 17.73
SERVICE FEE-NOV 17.73
SERVICE FEE-DEC 17.73
SERVICE FEE-JAN 17.73
SECURITY TOTER-WO 292832 F 88.65
SERVICE FEE-FEB 17.73
TOSHIBA AMERICA BUSINESS SOLUT LEASE 283.85
PAYTON WALSER WALSER GAS/PER DIEM TRAINI 134.42
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 4,686.87_
TOTAL: 13,673.03
VIII-01
03-02-2023 09:06 AM Council Report MARCH 7TH PYMTS, 2023 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.89
PHONES 8.18
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 210.85_
TOTAL: 259.92
PUBLIC WORKS GENERAL WSB & ASSOCIATES INC ARC GIS MIGRATION 401.50
CENTURY LINK PHONES 40.89
FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 9,810.00
FEB 2023 MONTHLY BILLING 2,160.00
HOMETOWN ACE HARDWARE P.W. PLUMBING PARTS 8.54
SCHUETTE, BO SCHUETTE-WORK CLOTHING 92.08
TOSHIBA AMERICA BUSINESS SOLUT LEASE 49.58
SUBURBAN RATE AUTHORITY 1ST HALF 2023 MEMBERSHIP 1,197.50
TIMEMARK INC 2 TRAFFIC COUNTERS 2,163.39_
TOTAL: 15,923.48
PUBLIC WORKS STREETS GENERAL CENTURY LINK PHONES 141.51
FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 1,470.00
BURNS INDUSTRIAL SUPPLY CO INC COUPLINGS, FITTINGS, HOSE 74.84
COUPLINGS, FITTINGS 342.64
TOSHIBA AMERICA BUSINESS SOLUT LEASE 49.57
MISCELLANEOUS V TIM EVANGELIST MAILBOX REIMBURSEMENT 75.00
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 12,606.19
HOSE, INC. HOSE ASSEMBLY 194.99_
TOTAL: 14,954.74
NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 503 GALLONS OF DIESEL 1,845.28
402 GALLONS OF GAS 1,275.12_
TOTAL: 3,120.40
PARKS & RECREATION PARKS O'REILLY AUTOMOTIVE PARTS FOR PRESSURE WASHER 16.37
METRO JANITORIAL SUPPLY INC. SUPPLIES FOR SHELTERS 540.59
SCHLOMKA'S PORTABLE RESTROOMS & MOBILE JANUARY SERVICES 490.00
CENTURY LINK PHONES 228.96
HOMETOWN ACE HARDWARE WATER SOFT. SALT FOR SHOP 13.38
CUTTING SUPPLIES 23.38
HOLIDAY LIGHTING & DESIGN INSTALL 2022 HOLIDAY LIGHT 3,592.00
MIDSTATE PLUMBING & HEATING INC REPAIR LEAK IN WELDING SHO 1,574.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 118.06
GERLACH OUTDOOR POWER EQUIP FERRIS CATOR PARTS 25.32
TERRYS HARDWARE, INC. PUMP ADAPTER 1.99
PUMP REPAIR 23.60
ZARNOTH BRUSH WORKS, INC. NEW BRUSH 665.00_
TOTAL: 7,312.65
PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 163.54_
TOTAL: 163.54
HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.18_
TOTAL: 8.18
FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS MARCH 2023 APPL SUP 330.00
CENTURY LINK PHONES 408.86
HEALTH STRATEGIES ANNUAL PHYSICALS 320.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 191.52
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 1,878.91
VIII-01
03-02-2023 09:06 AM Council Report MARCH 7TH PYMTS, 2023 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FAIR OFFICE WORLD OFFICE SUPPLIES 1,236.56
HASTINGS VEHICLE REGIS. 2019 CHEV TAHOE TITLE REGI 14.25
TERRYS HARDWARE, INC. SHOP SUPPLIES 26.45
ZEP MANUFACTURING CO. CLEANING PRODUCTS 431.45_
TOTAL: 4,838.00
AMBULANCE FIRE & AMBULANCE DAKOTA COUNTY TREAS-AUDITOR JAN 2023 565.66_
TOTAL: 565.66
POLICE RESERVES POLICE RESERVE S.R GUARDIAN SUPPLY LLC AUGE-UNIFORM FOR NEW RESER 209.97_
TOTAL: 209.97
ECONOMIC DEVELOPMENT HEDRA LEGEND TECHNICAL SERVICES INC. HUDSON-ENVIRO CONTAMINANT 1,804.52
MOSENG LOCKSMITHING 213 RAMSEY STREET-RE-KEY 331.31_
TOTAL: 2,135.83
PUBLIC WORKS 2023 IMPROVEMENTS WSB & ASSOCIATES INC 2023-1 PLEASANT DRI. PROJE 7,200.50
FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 1,770.00_
TOTAL: 8,970.50
NON-DEPARTMENTAL WATER MN DEPARTMENT OF HEALTH 1ST QTR PAYMENT-MN TEST FE 18,234.00_
TOTAL: 18,234.00
PUBLIC WORKS WATER WSB & ASSOCIATES INC PFAS SUPPORT 3,309.00
INNOVATIVE OFFICE SOLUTIONS, LLC PAPER SHREDDER, NOTE PADS 371.17
CENTURY LINK PHONES 133.33
FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 720.00
FEB 2023 MONTHLY BILLING 2,580.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 49.58
MISCELLANEOUS V MICHAEL NELSON MICHAEL NELSON:REPAIR-GASK 170.00
DAKOTA COUNTY TREAS-AUDITOR JAN 2023 599.86
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.34
UTILITY BILLING STATEMENTS 1,281.08_
TOTAL: 9,481.36
PUBLIC WORKS WASTEWATER FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 1,110.00
TOSHIBA AMERICA BUSINESS SOLUT LEASE 49.58
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.33_
TOTAL: 1,426.91
PUBLIC WORKS STORM WATER UTILIT FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 210.00
GRAPHIC DESIGN UTILITY BILLING STATEMENTS 267.33_
TOTAL: 477.33
PARKS & RECREATION ARENA CENTURY LINK PHONES 73.60_
TOTAL: 73.60
NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC HERITAGE RIDGE 429.50
HERITAGE RIDGE 589.50
FOCUS ENGINEERING, INC. FEB 2023 MONTHLY BILLING 180.00
VIII-01
03-02-2023 09:06 AM Council Report MARCH 7TH PYMTS, 2023 PAGE: 4
* REFUND CHECKS *
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL HASTINGS TOBACCO:REFUNDS AR REFUNDS 15.00_
TOTAL: 1,214.00
NON-DEPARTMENTAL WATER MACDOUGAL, JAMES US REFUNDS 9.87
ELLESTAD, KRISTIN US REFUNDS 66.30_
TOTAL: 76.17
=============== FUND TOTALS ================
101 GENERAL 55,602.93
200 PARKS 10,433.05
201 AQUATIC CENTER 163.54
210 HERITAGE PRESERVATION 8.18
213 FIRE & AMBULANCE 5,403.66
221 POLICE RESERVE S.R. 209.97
407 HEDRA 2,135.83
483 2023 IMPROVEMENTS 8,970.50
600 WATER 27,791.53
601 WASTEWATER 1,426.91
603 STORM WATER UTILITY 477.33
615 ARENA 73.60
807 ESCROW - DEV/ENG/TIF-HRA 1,199.00
--------------------------------------------
GRAND TOTAL: 113,896.03
--------------------------------------------
TOTAL PAGES: 4
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: March 6, 2023
Item: Approve New Liquor License for Rehoboth, Inc. dba Bimi Thai Restaurant
Council Action Requested:
Approve the attached resolution allowing Rehoboth, Inc. dba Bimi Thai Restaurant to hold an On-Sale
Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License.
Background Information:
Susana Ahmi, of Rehoboth, Inc. dba Bimi Thai Restaurant, submitted a liquor license application to be
able to sell On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday sales at Rehoboth,
Inc. dba Bimi Thai Restaurant which they recently took ownership over, previously known as the
Coliseum. Approvals and issuance of licenses are contingent upon the submittal of all required
documents, fees, and completion of a criminal history background investigation by the Hastings Police
Department.
Financial Impact:
License revenue is included in the budget.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 03 - - 23
RESOLUTION APPROVING THE APPLICATION BY
REHOBOTH, INC. DBA BIMI THAI RESTAURANT
FOR AN ON-SALE WINE WITH STRONG BEER AUTHORIZATION
AND 3.2% ON-SALE SUNDAY LICENSE
WHEREAS, Susana Ahmi, of Rehoboth, Inc. dba Bimi Thai Restaurant, submitted an
On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License application.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings
that the On-Sale Wine with Strong Beer Authorization and 3.2% On-Sale Sunday License
application for Rehoboth, Inc. dba Bimi Thai Restaurant is approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS,
MINNESOTA THIS 6TH DAY OF MARCH 2023.
______________________________
Mary D. Fasbender, Mayor
ATTEST:
_______________________________
Kelly Murtaugh, City Clerk
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: March 6, 2023
Item: Approve In-Store Fireworks Sales License for Phantom Fireworks at Fleet Farm #6500
Council Action Requested:
Approve the attached resolution approving an In-Store Fireworks Sales License for Phantom Fireworks at
Fleet Farm #6500 located at 875 General Sieben Drive.
Background Information:
The City has received and reviewed an In-Store Firework Sales application from Phantom Fireworks for
sales at Fleet Farm #6500 with proposed sales dates of May 1st – July 31st and December 1st – January 1st.
Hastings Fire Inspector has approved the preliminary plans.
The issuance of the license will be contingent on the final inspection by the Fire Inspector once the tent is
in place.
Financial Impact:
The associated fees have been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-03
Ayes:
Nays:
Absent:
______________________________
Mary D. Fasbender, Mayor
ATTEST:
____________________________
Kelly Murtaugh, City Clerk
(SEAL)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 03 - - 23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HASTINGS
APPROVING AN IN-STORE FIREWORKS LICENSE FOR PHANTOM FIREWORKS
WITHIN THE CITY OF HASTINGS
WHEREAS, Phantom Fireworks has applied for a Fireworks License for the storage and sale of
fireworks in-store at Fleet Farm #6500, 875 General Sieben Drive within the City of Hastings; and
WHEREAS, the City Council of the City of Hastings has established a license process; and
WHEREAS, the appropriate licensing fees have been paid and the application paperwork has
been reviewed by the Hastings Fire Marshal. The issuance of the license will be contingent on an
inspection by the Hastings Fire Marshal.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that
Phantom Fireworks is hereby authorized to store and sell fireworks in the compliance with local and state
regulations for the period of May 1st, 2023 – July 31st, 2023 and December 1st, 2023 – January 1st, 2024 at
Fleet Farm, 875 General Sieben Drive.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 6TH DAY OF
MARCH, 2023.
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Assistant City Administrator Kelly Murtaugh
Date: March 6, 2023
Item: Approve Second Reading of the Proposed Amendment to City Code Regarding
Backgrounds
Council Action Requested:
Approve the second reading for the purposes of considering a proposed amendment to City Code
Chapters 33 regarding backgrounds.
Background information:
Our current City Code designates the Police Department as the only entity that can conduct
backgrounds. In 2021, the City of Hastings began using a third-party vendor to conduct background
checks on its over 100 seasonal employees. Background investigations for regular employees were
still conducted solely by the Police Department investigators. With only two investigators, these
background investigations were only part of the already heavy workload. Recently, in coordination
with the Police Department and Human Resources, it was decided to use the third-party vendor for
the majority of backgrounds when hiring regular full- and part-time staff. Some positions continue to
require the depth of background investigation that must be conducted by the Police Department.
This decision reduced staff time in investigations and has shortened the background process,
enabling the City to be more competitive in the hiring timeline when competing for highly sought-
after candidates. Amending ordinance language to allow for a designee to conduct backgrounds in
addition to the Police Department enhances efficiency and does not create any adverse impact to
hiring.
Financial Impact:
N/A
Committee Discussion:
N/A
Attachments:
• Ordinance Amendment
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ORDINANCE NO. ______________
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING HASTINGS CITY CODE CHAPTER 33 – CRIMINAL HISTORY
BACKGROUND INVESTIGATIONS
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 33 Criminal History Background Investigations
33.01 General Provisions
Criminal History Background Investigations. The Police Department or its designee is required
to conduct criminal history background investigations on applicants for licenses and positions
with the City as employees or volunteers. For employment positions, this section applied only to
applicants who are finalists for all regular full or part-time, seasonal, or temporary status
positions. Before the investigation is undertaken, the applicant must authorize the Police
Department or its designee in writing to undertake the investigation and to release the
information to the City Council, the City Administrator, and other appropriate City Staff to
conduct and review the criminal history investigation. Except in the case of exceptions set forth
in M.S. §364.09, as may be amended from time to time, if the City rejects an application for
employment due partly or solely to the applicant’s prior conviction of a crime, the City will
notify the applicant in writing of the following:
A. the ground and reasons for denial;
B. the applicant and grievance procedures set forth in M.S. §364.06, as may be amended
from time to time;
C. the earliest date the applicant may reapply for employment; and
D. that all competent evidence of rehabilitation will be considered upon re-application.
SECTION 2. 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 , 2023.
________________________________
Mary D. Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the Hastings Journal on .
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: March 6, 2023
Item: MOU for Alternate Schedule
Council Action Requested:
Approve MOU with IAFF #5113 for Alternate Schedule
Background Information:
The 2023 Budget includes funds to hire up to 4 new Firefighter/EMTs, who would work a
“power truck” schedule to provide additional staff to respond to daytime calls.
The current 2022-2023 collective bargaining agreement with the International Association of
Firefighters Local #5113 specifies a work week averaging 53 hours. The alternate schedule of
the power truck would mean a work week averaging either 40 or 44 hours, so the MOU
establishes wages for the alternate schedule.
Financial Impact:
Included in 2023 Budget.
Committee Discussion:
City Council adopted the 2023 Budget on December 5, 2022, which included adding
Firefighter/EMTs to work an alternate schedule.
Attachments:
Memorandum of Understanding: Alternate Schedule
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MEMORANDUM OF UNDERSTANDING
Alternate Schedule
This Memorandum of Understanding (MOU) is entered into by and between the City of Hastings (“City”)
and the International Association of Fire Fighters Local #5113 (“Union”), on behalf of the Fire Fighters
bargaining unit, for the purpose of establishing guidance for employees assigned to an alternate shift. The
City and Union shall collectively be referred to as “the Parties.”
WHEREAS, the City desires to add professional firefighter staff; and
WHEREAS, the City contemplates two potential versions of an alternate shift: a schedule
averaging 40 hours per week and a schedule averaging 44 hours per week; and
WHEREAS, the City and Union are parties to a 2022-2023 collective bargaining agreement
(“CBA”) which does not contain negotiated language over the wages of an alternate shift; and
WHEREAS, the Parties agree that the establishment and implementation of an alternate shift
wage is the subject of bargaining; and
WHEREAS, the Parties wish to set base wages for the potential power truck consistent with the
base wages for current firefighters;
NOW, THEREFORE, BE IT RESOLVED, in consideration of the foregoing recitals, the Parties
hereby agree as follows:
ARTICLE XII. HOURS OF EMPLOYMENT
The regular workweek for firefighters assigned to a power truck shift shall consist of an average of either
forty (40) or forty-four (44) hours in one (1) week.
ARTICLE XXIII. WAGES
Alternate Schedule—14-day work week consisting of 80 scheduled hours
Start 6 Month 12 Month 24 Month 36 Month
$31.84 $33.92 $36.04 $38.13 $40.23
Alternate Schedule—14-day work week consisting of 88 scheduled hours
Start 6 Month 12 Month 24 Month 36 Month
$28.95 $30.84 $32.76 $34.67 $36.57
Stipend
As an exception to the current Memorandum of Agreement: Overtime, Firefighters assigned to an
alternate schedule as provided herein will also receive $273.24 stipend per pay period.
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IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed by its duly authorized
representatives.
CITY OF HASTINGS INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS, LOCAL NO.
#5113
Approved by the Hastings City Council: Approved by the Union:
____________________________________ _______________________________
Mary D. Fasbender, Mayor Craig Latch, President
____________________________________ ________________________________
Dan Wietecha, City Administrator Philip Nelson, Vice President
____________________________________ ________________________________
Kelly Murtaugh, City Clerk Kiel Kwiatkowski, Secretary/Treasurer
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1305 CORPORATE CENTER DRIVE | SUITE 300 | EAGAN, MN 55121 | MAIN: 651-451-1831 | WWW.LEVANDER.COM
TO: Mayor Fasbender and Members of the City Council
FROM: Kori Land, City Attorney
DATE: March 6, 2023
RE: Licensing and Zoning Cannabis Ordinances
INTRODUCTION:
At the end of the 2022 Legislative Session, the State of Minnesota passed new laws
allowing the sale of edible cannabis/cannabinoid products with .3% THC or less, which
went into effect July 1, 2022. The new law limits the sale of CBD products to individuals
aged 21 and older and implements regulations regarding the packaging of edible CBD
products, as well as many other rules and safeguards to attempt to prevent the sale or
consumption to minors, especially children. The new law did not establish any significant
State oversight of these legalized edible cannabis products but left licensing and zoning
authority open to local jurisdictions.
City Moratorium on Cannabis
The Public Safety Advisory Commission (PSAC) began reviewing the new legislation in
August 2022 in order to make a recommendation to the Hasting Public Safety Committee
of the Council (PSC) on potential regulations of these cannabis products. PSAC
recommended the Council adopt a one-year moratorium to allow PSAC time to gather
information. On September 19, 2022, the City Council approved a moratorium of 6
months, which is set to expire on or around March 19, 2023. The moratorium allowed
those businesses that were already selling cannabis products to continue selling, but
prohibited their expansion, and it prohibited new businesses from selling these products.
PSAC Review of Cannabis
During the moratorium, PSAC reviewed potential City regulations on legal cannabis
products over several meetings from September 2022 to January 2023. PSAC invited
existing Hastings retailers to share their knowledge and expertise about the various
products, including edibles and beverages. A report of recommendations was
unanimously approved by PSAC and forwarded to the PSC, who reviewed them in
January and adopted most of the recommendations. These recommendations served
as the template for the proposed ordinances. (The reports from each committee are
attached.)
Between the time of the recommendations by PSAC and consideration by the PSC, the
Minnesota State Legislature introduced State legislation for Adult-Use Cannabis. The
proposed State legislation includes cannabis uses from cultivating to retail sales and
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Licensing and Zoning Cannabis Ordinances
every step in between. It includes cannabis products that contain less than .3% THC and
products that contain more than .3% THC. The proposed State legislation does not allow
for local licensing of Adult-Use Cannabis, but it does allow for local zoning as long as it is
related to time, place and manner regulations.
Armed with the recommendations from the PSC and the proposed State legislation, the
two ordinances were prepared and are before you for first readings.
DISCUSSION
You will note that the Zoning Ordinance and the Licensing Ordinance contain many
identical provisions. The reason for this is because while we cannot be certain that the
proposed State legislation will be adopted this session or even if it is, that it will remain in
its current rendition, it is possible that licensing will be completely preempted by the State,
thereby making any local Licensing Ordinance ineffective. However, if identical provisions
are in the Zoning Ordinance, authority for which is anticipated to survive in the proposed
State legislation, then the City is able to preserve its intent of protecting the public health,
safety and general welfare, especially as related to the unauthorized sales and use by
minors.
In anticipation of the eventual legality of Adult-Use Cannabis, the Licensing and Zoning
Ordinances before you attempt to capture all of the cannabis uses – including those legal
now (less than .3% THC) and those that may become legal in the near future (more than
.3% THC). In addition, both ordinances contain a provision that states that no cannabis
products within the City can contain more than .3% THC. The intent is that if the proposed
State legislation passes, the City can hit the “pause” button before businesses
automatically begin selling Adult-Use Cannabis, giving the Council time to re-evaluate
and determine if additional regulations or less regulations are necessary or if the zoning
districts are appropriate for all of the uses.
There is no way to predict the direction the State legislature will go or what provisions it
will include. If the State completely preempts local licensing, then all of the performance
standards are in the Zoning Ordinance, which are all related to time, place and manner
regulations. If the State legislation permits local licensing, then it is not harmful that we
have duplicative conditions, standards and regulations in both ordinances.
PROPOSED ORDINANCES
The proposed ordinances include the following:
1. All cannabis businesses must be licensed by the City and in compliance with
zoning.
“CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer,
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Licensing and Zoning Cannabis Ordinances
medical cultivator, medical processor and medical retailer, of cannabis, cannabis
products or cannabis related devices.”
2. Includes definitions in the current law for edible cannabis products and the
proposed State legislation, such as “adult-use cannabinoid” to try to capture all of
the cannabis uses of today and tomorrow.
3. Medical marijuana uses are excluded from licensing requirements, since they are
preempted by the existing State laws, however, they would be required to comply
with zoning and could only operate in the appropriate zoning districts.
4. Allows the following uses in the following districts:
a. Ag District
i. Cultivation operations, if on 100 contiguous acres and no sales are
permitted on the same property by Special Use/Conditional Use
Permit
b. C-3 and C-4 District
i. Cannabis product retail sales (see performance standards below) by
Special Use/Conditional Use Permit
c. I-1
i. Manufacturing, testing, processing, wholesale operations (these
uses tend to have odor issues which can be mitigated with
reasonable conditions on a case-by-case basis) by Special
Use/Conditional Use Permit
5. Time, place and manner regulations for retail:
a. Prohibit the purchase, use and possession of anyone under 21
b. Clerks must be 21 to sell products
c. Business must require proof of age and have signage of age requirement
d. Products must comply with State labeling and packaging requirements
(currently 5 mg THC per serving and 50 mg THC per package, must be
child-resistant, not resemble candy products, etc.)
e. Sales only between 8:00 a.m. and 10 p.m.
f. Products must be behind a counter – no direct contact by customer until
point of sale
g. Security plan approved by the Police Chief
h. Comply with compliance checks (like tobacco and alcohol)
i. No vending machines
j. No mobile sales or deliveries (transient merchants, peddlers, special
events, home occupations)
k. Not allowed at liquor stores or bars
l. No sale of cannabis products with more than .3% THC
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Licensing and Zoning Cannabis Ordinances
Another Ordinance that needs to be amended is Ch. 34 to add the licensing fees to the
Fee Table. PSC recommended a $10,000 license fee for retailers. Other licensed uses
include:
• Cultivation
• Manufacturing Facility
• Wholesaler
• Testing Facility
Background fees for liquor are $500 (up to $10,000) so a similar fee would need to be
established for cannabis uses.
The Council should review and discuss the appropriate fees for these uses, but they need
not be adopted simultaneously with these ordinances. We are proposing a July 1, 2023,
implementation date in order for City Staff to develop the license application form, to give
businesses time to decide if they want to apply for a license or to sell out their inventory
and to see what happens at the State legislature.
The following language will apply to existing businesses and any new business attempting
to open between the time of adoption and the Effective Date of July 1, 2023.
A. Existing cannabis businesses that do not comply with this ordinance as of the
date of adoption may be allowed to continue to operate as a cannabis business
until the Effective Date, after which time they shall be required to be in full
compliance with City licensing or registration requirements and all zoning
requirements.
B. No new cannabis business shall be allowed to open or start operating from the
date of adoption of this ordinance without being in full compliance with all City
ordinances.
The Zoning Ordinance was heard by the Planning Commission on February 27, 2023,
and after a public hearing, they unanimously recommended it for approval.
RECOMMENDATION
The Council should discuss the Licensing and Zoning Ordinances regarding:
• The Uses in each zoning district
• The performance standards
• The license fees and
• The Effective Date.
Staff is recommending approval of the 1st Reading and if approved, final reading would
be considered on March 20, 2023.
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ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING
HASTINGS CITY CODE CHAPTER 117 - ORDINANCE REGARDING THE
LICENSING OF USES, SALES AND OPERATIONS OF CANNABIS AND HEMP
BUSINESSES
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 117 Cannabis Businesses is hereby enacted as follows:
117.01 Purpose
Because the City recognizes that persons under the age of twenty-one (21) years may
purchase or otherwise obtain, possess and use intoxicating cannabis products; and the
sale of these products to persons under twenty-one (21) years of age are violations of
State and Federal laws; and because the use of intoxicating cannabis products by those
underage subsequently places a financial burden on all levels of government, this chapter
is intended to regulate the sale of intoxicating cannabis products and cannabis-related
devices for the purpose of enforcing and furthering existing laws. In order to protect the
public health, safety, and welfare, the City Council deems it necessary to provide for the
regulation and licensing of cannabis businesses.
117.02 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product
authorized for sale under Minnesota state law. It includes edible cannabinoid products
but not medical cannabinoid products. It does not include non-intoxicating cannabis
projects.
CANNABINOID: means any of the chemical constituents of hemp plants or cannabis
plants that are naturally occurring, biologically active, and act on the cannabinoid
receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol
and cannabidiol.
CANNABINOID or CANNABIS PRODUCT: means any of the following:
1. Cannabis concentrate;
2. A product infused with cannabinoids, including but not limited to
tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis
flower;
3. Any other product that contains cannabis concentrate;
4. A product infused with artificially derived cannabinoids;
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5. Adult-use cannabinoid products;
6. Edible cannabinoid products;
It does not include cannabis flower, artificially derived cannabinoids or hemp-
derived consumer products.
CANNABIS: means a compound of the cannabis plant known as cannabidiol.
CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer, of cannabis,
cannabis products or cannabis related devices.
CANNABIS RELATED DEVICES: means any equipment, products or materials of any
kind which are used, intended for use, or designed for use in repackaging, storing,
smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise
introducing cannabis or cannabis products into the human body.
CERTIFIED HEMP: means hemp products that have been tested and found to meet the
requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by
the State of Minnesota.
EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended
to be eaten or consumed as a food or beverage, contains a cannabinoid in combination
with food ingredients, and is not a drug.
HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under
Minnesota Statutes Section 18K.02 subdivision 3.
HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial
hemp.
INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an
artificially derived cannabinoid, that when introduced into the human body impairs the
central nervous system or impairs the human audio, visual, or mental processes.
Intoxicating cannabinoid includes but is not limited to, any THC.
MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section
152.22, subdivision 6.
MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical
cannabis manufacturer for purposes of distributing medical cannabis in accordance with
Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the
Commissioner of Minnesota Department of Health or other applicable state law.
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MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck,
van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address
store front or other permanent type of structure.
NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made
from substances extracted from certified hemp plants that do not produce intoxicating
effects when consumed by any route of administration. This may include tinctures,
creams, lotions, ointments, or salves.
THC: means tetrahydrocannabinol.
117.03 License
No person shall engage in a cannabis business directly or indirectly deal in, sell, keep for
sale, deliver, manufacture, distribute, test, cultivate, grow, transport, or organize an event
for any intoxicating cannabinoid or cannabis product, without first having received a
license to do so from the state, if so required and from the City, as provided in this chapter.
No license shall be required for a cannabis business that only sells non-intoxicating
cannabis products or any medical cannabis businesses that are regulated by State law.
117.04 License Application
A. Application. An application for a license shall be made on a form provided by the
city. The application shall contain the full name of the applicant, the applicant’s
residential and business addresses and telephone numbers, the name of the
business for which the license is sought, a copy of the educational materials the
applicant intends to use to educate employees and any additional information the
city deems necessary. Upon receipt of completed application, the City Clerk shall
forward the application to the Council for action at a City Council meeting. If the
Clerk determines an application is incomplete, the Clerk shall return the application
to the applicant with notice of the information necessary to make the application
complete.
B. Investigation Fee.
1. At the time of filing an application for any license that can be issued under
this chapter, the applicant shall pay the city an investigation fee in the
amount established by ordinance of the City Council.
2. This investigation fee shall be a non-refundable fee and shall be used to
cover the city’s cost in processing the application and investigation of the
applicant.
3. At the time of a renewal of a license, the investigation will be included in the
renewal license fee, which will be established by ordinance of the City
Council.
C. Background Investigation.
1. At the time of making an initial application, renewal application, or request
for a new operating officer, the applicant shall file a completed application
form with the City Clerk. The applicant shall authorize the Hastings Police
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Department and other city departments, as deemed necessary by the City
Clerk, to investigate all information in the application and to conduct a
thorough background and criminal record investigation on the applicant.
The applicant shall authorize the police to release information received from
the investigation to the City Council.
2. Upon completion of the background investigation, the Hastings Police
Department shall file with the City Clerk a written report of its investigation.
3. Upon receipt of the investigation results, the City Clerk shall forward a
recommendation to the City Council for approval or denial.
4. No license will be issued or renewed if the results of the background
investigation show to the satisfaction of the City Council that issuance of a
license would not be in the public interest.
D. Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for a renewal shall be
made at least 30 days but no more than 60 days before the expiration of the current
license.
117.05 Fees
No license shall be issued under this chapter until the appropriate fees are paid in full.
The fee for a license under this chapter shall be set by ordinance.
117.06 Action, Display, Term, Transferring.
A. The City Council may approve or deny the application for a license, or it may delay
action for a reasonable period of time to complete any investigation of the
application or the applicant deemed necessary. The issuance of a license is a
privilege and does not entitle the license holder to an automatic renewal of the
license.
B. Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
C. Term. All licenses shall be for a period of one (1) year and shall expire on
December 31 of each year, regardless of when the license was originally issued.
All retail licensees will be subject to an annual compliance check.
D. No Transfers. All licenses issued under this chapter shall be issued only for the
premises to which the license was issued and only for the person to whom the
license was issued. No transfer of any license to another person or location shall
be allowed.
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117.07 Basis For Denial Of A License
The following shall be grounds for denying issuance or a renewal of a license under this
chapter.
A. The applicant is under the age of 21 years.
B. The applicant has been convicted within the past 5 years of any violation of a
federal, state, or other law, ordinance provision, or other regulation relating to the
license.
C. The applicant had a similar license revoked within the preceding 12 months of the
date of application in any jurisdiction.
D. The applicant fails to provide information required in the application or provides
false or misleading information.
E. The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license.
F. The applicant or license holder has outstanding fines, penalties, or property taxes
owed to the city.
117.08 Performance Standards
A. A cannabis business shall only operate in an authorized zoning district with an
approved State and local license or registration.
B. Any person selling or distributing cannabis products shall require proof of age by
means of government issued photographic identification from the prospective
purchaser showing purchaser is twenty-one (21) years old or older.
C. Signage identifying the legal sales age and the age verification requirement shall
be posted at the point of sale. The required signage shall be posted in a manner
so that it is clearly visible to anyone who is considering or making a purchase. The
sign shall provide notice that all persons responsible for selling these products
must verify the age of any person under thirty (30) years of age, by means of
photographic identification required in this section, containing the bearer’s date of
birth.
D. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
E. No sales or distribution of intoxicating cannabis products shall be allowed at the
licensed premises after 10 p.m. or before 8:00 a.m.
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F. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products
or cannabis related devices by any means whereby a customer has access to such
items without having to request the item from the retailer or the retailer’s employee.
There shall be a physical exchange of the intoxicating cannabis product or
cannabis-related devices between the retailer or the retailer’s employee and the
customer. All intoxicating cannabis products and cannabis-related devices shall be
either stored behind a counter or other area not freely accessible to customers, or
in a storage unit or case not open and accessible to the general public.
G. All retail establishments of intoxicating cannabis products shall have a security
plan approved by the Police Chief stating how the facility will address public
health, welfare and safety concerns including, but not limited to security cameras,
fencing, lighting, window coverings, door placement, and landscaping.
H. Compliance Checks and Inspections:
All licensed premises must be open to inspection by the local law enforcement or
other authorized City officials during regular business hours. From time to time, but
at least once per year, the City will conduct compliance checks on Retailers and
Edible Retailers of intoxicating cannabis products by engaging persons between
the ages of seventeen (17) and twenty-one (21) years, to enter the licensed
premises to attempt to purchase intoxicating cannabis products. Persons used for
compliance checks are not guilty of the unlawful purchase or attempted purchase,
nor the unlawful possession of intoxicating cannabis products when the items are
obtained or attempted to be obtained as a part of the compliance check. No person
used in compliance checks may attempt to use a false identification
misrepresenting the person's age, and all persons lawfully engaged in a
compliance check may answer all questions about the person's age asked by the
retailer or his or her employee and shall produce any identification, if any exists,
for which he or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training purposes,
or required for the enforcement of a particular State or Federal law.
117.09 Prohibited Acts
A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide
any intoxicating cannabis product to any person under the age of twenty-one (21).
B. It shall be unlawful for any person under the age of twenty-one (21) to possess any
intoxicating cannabis product. This chapter shall not apply to persons under the
age of 21 lawfully involved in a compliance check.
C. It shall be unlawful for any person under the age of twenty-one (21) to use or
consume any intoxicating cannabis product, unless it is legally authorized medical
cannabis.
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D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to
disguise the person’s true age by the use of a false form of identification, whether
the identification is that of another person or one in which the age of the person
has been modified or tampered with, to represent an age older than the actual age
of the person, in order to purchase any intoxicating cannabis product.
E. No adult-use cannabinoid or cannabis product may contain more than 0.3% of
THC.
F. No edible cannabis product can contain an amount of THC that exceeds the per
serving or per package requirements in Minnesota State law.
G. No intoxicating cannabis product may be sold to an obviously intoxicated person
or a person under the influence of a controlled substance.
H. No one under the age of twenty-one (21) shall sell intoxicating cannabis products.
I. Intoxicating cannabis products cannot be sold in vending machines, by transient
merchants, peddlers, at a movable place of business, through a drive-through
window, at special events, home occupations, by internet sales or delivery service.
J. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale
liquor establishments.
K. No sampling or free donations or distributions of intoxicating cannabis products is
allowed.
L. No sales of intoxicating cannabis products may be completed through self-check-
out. The retailer or retailer’s employee must process each transaction at a point of
sale.
117.10 Hearings And Appeals
A. Notice. Upon discovery of a suspected violation of the City Code or state law, the
licensee shall be issued, either personally or by mail, a notice, complaint or citation
that sets forth the alleged violation. The consequences of an alleged violation may
include, but are not limited to an administrative citation, criminal citation,
administrative action such as suspension or revocation, informing other state
regulatory agencies, or other such action as authorized by law.
B. Generally. For an administrative citation, the process set forth in City Code Section
10.25 shall be followed. For an administrative action, such as a license suspension
or revocation, a license holder will be afforded a hearing before the City Council
with an opportunity to be represented by counsel, to testify, present evidence and
witnesses for the Council’s consideration.
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C. Findings. If after the hearing, the applicant is found to have violated this chapter,
the City Council may issue a suspension or revocation of the license. All decisions
by the Council shall be in writing, setting forth the reasons for the findings and such
writing shall be provided to license holder.
D. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from
seeking prosecution as a misdemeanor for any alleged violation of this chapter
and the city is not precluded from suspending or revoking the license of a licensee
as provided by this chapter.
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
, 2023 modifies the City Ordinance to regulate adult-use cannabis and hemp
operations and uses through licensing with performance standards.
SECTION 3. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW
BUSINESSES.
A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment
of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating
Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on
September 19, 2022, is hereby terminated.
B. Existing cannabis businesses that do not comply with this ordinance as of the date of
adoption may be allowed to continue to operate as a cannabis business until the
Effective Date, after which time they shall be required to be in full compliance with City
licensing or registration requirements and all zoning requirements.
C. No new cannabis business shall be allowed to open or start operating from the date
of adoption of this ordinance without being in full compliance with all City ordinances.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on
July 1, 2023.
Passed this day of , 2023.
Mary Fasbender, Mayor
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Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
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ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES,
SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES
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 155, Section 155.21.D Special Use Permits in the A -
Agricultural District shall be amended as follows:
D. Uses by Special Permit
5. Cannabis, medical cannabis and hemp growing, cultivating or farming operations
pursuant to the following conditions:
a. A minimum of 100 contiguous acres under single ownership is required for
the operation;
b. The operator must be licensed by the State of Minnesota;
c. The sale of cannabis products is not permitted on the same property as the
operation.
SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.30.C Special Use Permits in the C-3
Community Regional Commerce District shall be amended as follows:
C. Uses by Special Permit
10. Cannabis retailer, edible retailer, medical retailer, and medical cannabis
distribution facility that comply with the requirements in City Code Section
155.07.J.
SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.32.C Special Use Permits in the C-4
Regional Shopping Center District shall be amended as follows:
C. Uses by Special Permit
6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution
facility that comply with the requirements in City Code Section 155.07.J.
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SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.34.C Special Use Permits in the I-1
Industrial Park District shall be amended as follows:
C. Uses by Special Permit
4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and
processor.
SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.07 SPECIAL PROVISIONS shall be
amended by adding the following section for Cannabis Businesses as follows:
J. Cannabis Businesses. Because the City recognizes that persons under the age of
twenty-one (21) years may purchase or otherwise obtain, possess and use
intoxicating cannabis products; and the sale of these products to persons under
twenty-one (21) years of age are violations of State and Federal laws; and because
the use of intoxicating cannabis products by those underage subsequently places a
financial burden on all levels of government, this chapter is intended to regulate the
sale of intoxicating cannabis products and cannabis-related devices for the purpose
of enforcing and furthering existing laws.
1. The following words, terms, and phrases when used in this Chapter shall have
the meaning ascribed to them in this Section except where the context clearly
indicates a different meaning:
ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any
cannabinoid product authorized for sale under Minnesota state law. It includes
edible cannabinoid products but not medical cannabinoid products.
CANNABINOID: means any of the chemical constituents of hemp plants or
cannabis plants that are naturally occurring, biologically active, and act on the
cannabinoid receptors of the brain. Cannabinoid includes but is not limited to
tetrahydrocannabinol and cannabidiol.
CANNABINOID or CANNABIS PRODUCT: means any of the following:
a. Cannabis concentrate;
b. A product infused with cannabinoids, including but not limited to
tetrahydrocannabinol, extracted or derived from cannabis plants or
cannabis flower;
c. Any other product that contains cannabis concentrate;
d. A product infused with artificially derived cannabinoids;
e. Adult-use cannabinoid products;
f. Edible cannabinoid products;
g. Medical cannabinoid products.
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It does not include cannabis flower, artificially derived cannabinoids or
hemp-derived consumer products.
CANNABIS: means a compound of the cannabis plant known as cannabidiol.
CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer,
medical cultivator, medical processor and medical retailer, of cannabis,
cannabis products or cannabis related devices.
CANNABIS RELATED DEVICES: means any equipment, products or materials
of any kind which are used, intended for use, or designed for use in
repackaging, storing, smoking, vaporizing, or containing cannabis, or for
ingesting, inhaling or otherwise introducing cannabis or cannabis products into
the human body.
CERTIFIED HEMP: means hemp products that have been tested and found to
meet the requirements of Minnesota Statutes, Chapter 18K, and the rules
adopted thereunder by the State of Minnesota.
EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is
intended to be eaten or consumed as a food or beverage, contains a
cannabinoid in combination with food ingredients, and is not a drug.
HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition
provided under Minnesota Statutes Section 18K.02 subdivision 3.
HEMP MANUFACTURING: means the ability to facilitate the manufacturing of
industrial hemp.
INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid,
including an artificially derived cannabinoid, that when introduced into the
human body impairs the central nervous system or impairs the human audio,
visual, or mental processes. Intoxicating cannabinoid includes but is not limited
to, any THC.
MEDICAL CANNABIS: means the definition provided under Minnesota
Statutes Section 152.22, subdivision 6.
MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by
a medical cannabis manufacturer for purposes of distributing medical cannabis
in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and
the requirements of the Commissioner of Minnesota Department of Health or
other applicable state law.
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MOVABLE PLACE OF BUSINESS: means any form of business operated out
of a truck, van, automobile, trailer, tent, table, or booth, that is transportable
and not a fixed address store front or other permanent type of structure.
NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means
products made from substances extracted from certified hemp plants that do
not produce intoxicating effects when consumed by any route of administration.
This may include tinctures, creams, lotions, ointments, or salves.
THC: means tetrahydrocannabinol.
2. Performance Standards:
a. A cannabis business shall only operate in an authorized zoning district
with approved State and local license or registration.
b. Any person selling or distributing cannabis products shall require proof
of age by means of government issued photographic identification from
the prospective purchaser showing purchaser is twenty-one (21) years
old or older.
c. Signage identifying the legal sales age and the age verification
requirement shall be posted at the point of sale. The required signage
shall be posted in a manner so that it is clearly visible to anyone who is
considering or making a purchase. The sign shall provide notice that all
persons responsible for selling these products must verify the age of any
person under thirty (30) years of age, by means of photographic
identification required in this section, containing the bearer’s date of
birth.
d. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
e. No sales or distribution of intoxicating cannabis products shall be
allowed at the licensed premises after 10 p.m. or before 8:00 a.m.
f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis
products or cannabis related devices by any means whereby a customer
has access to such items without having to request the item from the
retailer or the retailer’s employee. There shall be a physical exchange
of the intoxicating cannabis product or cannabis-related devices
between the retailer or the retailer’s employee and the customer. All
intoxicating cannabis products and cannabis-related devices shall be
either stored behind a counter or other area not freely accessible to
VIII-06
customers, or in a storage unit or case not open and accessible to the
general public.
g. All retail establishments of intoxicating cannabis products shall have a
security plan approved by the Police Chief stating how the facility will
address public health, welfare and safety concerns including, but not
limited to security, fencing, lighting, window coverings, door placement,
and landscaping.
h. Compliance Checks and Inspections:
All licensed premises must be open to inspection by the local law
enforcement or other authorized City officials during regular business
hours. From time to time, but at least once per year, the City will conduct
compliance checks on Retailers and Edible Retailers of intoxicating
cannabis products by engaging persons between the ages of seventeen
(17) and twenty-one (21) years, to enter the licensed premises to
attempt to purchase intoxicating cannabis products. Persons used for
compliance checks are not guilty of the unlawful purchase or attempted
purchase, nor the unlawful possession of intoxicating cannabis products
when the items are obtained or attempted to be obtained as a part of the
compliance check. No person used in compliance checks may attempt
to use a false identification misrepresenting the person's age, and all
persons lawfully engaged in a compliance check may answer all
questions about the person's age asked by the retailer or his or her
employee and shall produce any identification, if any exists, for which he
or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training
purposes, or required for the enforcement of a particular State or Federal
law.
3. Prohibited Acts:
a. It shall be unlawful for any person to sell, purchase, obtain or otherwise
provide any intoxicating cannabis product to any person under the age of
twenty-one (21).
b. It shall be unlawful for any person under the age of twenty-one (21) to
possess any intoxicating cannabis product. This chapter shall not apply
to persons under the age of 21 lawfully involved in a compliance check.
c. It shall be unlawful for any person under the age of twenty-one (21) to
use or consume any intoxicating cannabis product, unless it is legally
authorized medical cannabis.
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d. It shall be unlawful for any person under the age of twenty-one (21) to
attempt to disguise the person’s true age by the use of a false form of
identification, whether the identification is that of another person or one
in which the age of the person has been modified or tampered with, to
represent an age older than the actual age of the person, in order to
purchase any intoxicating cannabis product.
e. No adult-use cannabinoid or cannabis product may contain more than
0.3% of THC.
f. No edible cannabis product can contain an amount of THC that exceeds
the per serving or per package requirements in Minnesota State law.
g. No intoxicating cannabis product may be sold to an obviously intoxicated
person or a person under the influence of a controlled substance.
h. No one under the age of twenty-one (21) shall sell intoxicating cannabis
products.
i. Intoxicating cannabis products cannot be sold in vending machines, by
transient merchants, peddlers, at a movable place of business, through
a drive-through window, at special events, home occupations, by internet
sales or delivery service.
j. Intoxicating cannabis products cannot be sold at exclusive liquor stores
or on-sale liquor establishments.
k. No sampling or free donations or distributions of intoxicating cannabis
products is allowed.
l. No sales of intoxicating cannabis products may be completed through
self-check-out. The retailer or retailer’s employee must process each
transaction at a point of sale.
SECTION 6. 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
, 2023 modifies the City Ordinance to regulate cannabis and hemp
operations and uses by allowing them in specific zoning districts with performance
standards.
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SECTION 7. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW
BUSINESSES.
A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment
of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating
Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on
September 19, 2022, is hereby terminated.
B. Existing cannabis businesses that do not comply with this ordinance as of the date of
adoption may be allowed to continue to operate as a cannabis business until the
Effective Date, after which time they shall be required to be in full compliance with City
licensing or registration requirements and all zoning requirements.
C. No new cannabis business shall be allowed to open or start operating from the date
of adoption of this ordinance without being in full compliance with all City ordinances.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect on
July 1, 2023.
Passed this day of , 2023.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
VIII-06
Public Safety Advisory Commission Report on THC/CBD
Membership: Commissioners: Pemble, Stevens, Blackstad, Ascheman, Baukol, Auge` and
Caflisch and Gunter.
Guests: Kori Land, Hastings City Attorney from LeVander Gillen and Miller
Hastings Sergeant Ryan Kline
Judith Kulla, Owner; Caring Hands
Zach Rohr, CEO of Minnie Grown
Kelly Murtaugh: Assistant City Administrator
Andrew Caflisch: incoming PSAC member
Mary Fasbender: Hastings City Mayor
Timeline:
• August:
The new legislation was reviewed by Kori Land. A detailed document was provided to
the commission. Chief Wilske explained our role of developing a recommendation for
the Hastings Public Safety Committee of the council. At this meeting, the commission
recommended a one-year moratorium to allow time to gather resources and prepare a
recommendation. City council granted a moratorium of 6 months.
• September:
Commission invited two Hastings retailers to share their customers experiences
regarding these products. The commission received some licensing recommendations
from Minnie Grown. The commission also learned that these products are not limited to
“edibles”. They can be found in beverages as well. The commission also heard from
Judith Kulla; the owner of Caring Hands about sales of Minnie Grown products in her
store and perceived benefits from her viewpoint. The commission received copies of
provisions that Stillwater and Golden Valley have put in place.
• October:
The commission discussed the merits of performing a community survey, much like
Golden Valley’s. Each commission member was tasked with drafting thoughts on city
ordinance priorities as well as survey questions.
• November:
Chief Wilske informed the commission with there are 5 retailers selling these products.
This does not include internet sales. Kelly Murtaugh provided the commission with an
overview on licensing and permits. The commission agreed to recommend a license over
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a permit. The commission finalized a draft of ordinance recommendations. No
consensus reached regarding a survey.
• December:
The list of combined recommendations was reviewed with Attorney Land. Edits were
made to the list. The commission agreed to finalize a draft report.
• January:
The draft report of recommendations were reviewed including two new commission
members. Edits were made. The commission adopted the final recommendations
unanimously.
Final Ordinance Recommendations:
Despite the possibility of replication, we recommend the following be included in a Hastings
city ordinance. We recommend that this be applied to all products containing THC, regardless
of how it is ingested. We are aware this topic has the potential to have ongoing statute
changes.
• In the event that the Minnesota legislature legalizes recreational marijuana, the City’s
specific identification of prohibition of selling any product over .3% or 5mg of THC would
not be immediately available for any business to sell recreational marijuana upon
adoption of state law (unless the state law pre-empted local zoning). This would allow
the City time to study if and where recreational marijuana should be allowed.
• Retailers must be a registered business with Minnesota Secretary of State.
• Retailers must have a MN hemp license or if obtaining products out of state must be
from a retailer USDA approved.
• Retailers selling these products must have a current city license.
• Licensing fee of $8,000 – $10,000. Applicants will undergo a background check (at their
expense), pay the fee and submit proof of insurance to the city. Annual compliance
checks would be performed by the city.
• Licenses to sell these products are non-transferable from person to person or place to
place.
• We recommend limiting retailers to commercial zoning only.
• We are recommending prohibiting restaurants with an on-sale license to sell these
products.
• Retailers that sell products containing THC must have signage limiting sales to those 21
or older.
• Retailers selling THC products must have product behind a barrier, which would require
an employee to hand it to them.
• Retailers must have a process verifying age by photo ID of customer purchasing product
to age 21 or older.
• No retail sales by use of temporary sales or vending machine sales.
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• No retail may offer sampling of products.
• No THC sales at any City of Hastings events that require a special permit by the city. Ex:
Rivertown Days, Rivertown Live, Gobble Gait, etc.
• Retailers cannot have a drive-up window or use delivery sales.
The commission is prepared to offer rationale on any these recommendations.
VIII-06
The Public Safety Committee (Fox, Leifeld) met Jan. 30, 2023 to hear from PSAC on their
THC ordinance recommendations. The committee would like to move forward with the
ordinance to contain the following information:
• In the event that the Minnesota legislature legalizes recreational marijuana, the
City’s specific identification of prohibition of selling any product over .3% or 5mg
of THC would not be immediately available for any business to sell recreational
marijuana upon adoption of state law (unless the state law pre-empted local
zoning). This would allow the City time to study if and where recreational
marijuana should be allowed.
• Retailers must be a registered business with Minnesota Secretary of State.
• Retailers must have a MN hemp license or if obtaining products out of state must
be from a retailer USDA approved.
• Retailers selling these products must have a current city license.
• Licensing fee of $10,000. Applicants will undergo a background check (at their
expense), pay the fee and submit proof of insurance to the city. Annual
compliance checks would be performed by the city.
• Licenses to sell these products are non-transferable from person to person or
place to place.
• We recommend limiting retailers to commercial zoning only.
• We are recommending prohibiting restaurants with an on-sale license to sell
these products.
• Retailers that sell products containing THC must have signage limiting sales to
those 21 or older.
• Retailers selling THC products must have product behind a barrier, which would
require an employee to hand it to them.
• Retailers must have a process verifying age by photo ID of customer purchasing
product to age 21 or older.
• No retail sales by use of temporary sales or vending machine sales.
• No retail may offer sampling of products.
• No THC sales at any City of Hastings events that require a special permit by the
city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc.
• Retailers cannot have a drive-up window or use delivery sales.
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1305 CORPORATE CENTER DRIVE | SUITE 300 | EAGAN, MN 55121 | MAIN: 651-451-1831 | WWW.LEVANDER.COM
TO: Mayor Fasbender and Members of the City Council
FROM: Kori Land, City Attorney
DATE: March 6, 2023
RE: Licensing and Zoning Cannabis Ordinances
INTRODUCTION:
At the end of the 2022 Legislative Session, the State of Minnesota passed new laws
allowing the sale of edible cannabis/cannabinoid products with .3% THC or less, which
went into effect July 1, 2022. The new law limits the sale of CBD products to individuals
aged 21 and older and implements regulations regarding the packaging of edible CBD
products, as well as many other rules and safeguards to attempt to prevent the sale or
consumption to minors, especially children. The new law did not establish any significant
State oversight of these legalized edible cannabis products but left licensing and zoning
authority open to local jurisdictions.
City Moratorium on Cannabis
The Public Safety Advisory Commission (PSAC) began reviewing the new legislation in
August 2022 in order to make a recommendation to the Hasting Public Safety Committee
of the Council (PSC) on potential regulations of these cannabis products. PSAC
recommended the Council adopt a one-year moratorium to allow PSAC time to gather
information. On September 19, 2022, the City Council approved a moratorium of 6
months, which is set to expire on or around March 19, 2023. The moratorium allowed
those businesses that were already selling cannabis products to continue selling, but
prohibited their expansion, and it prohibited new businesses from selling these products.
PSAC Review of Cannabis
During the moratorium, PSAC reviewed potential City regulations on legal cannabis
products over several meetings from September 2022 to January 2023. PSAC invited
existing Hastings retailers to share their knowledge and expertise about the various
products, including edibles and beverages. A report of recommendations was
unanimously approved by PSAC and forwarded to the PSC, who reviewed them in
January and adopted most of the recommendations. These recommendations served
as the template for the proposed ordinances. (The reports from each committee are
attached.)
Between the time of the recommendations by PSAC and consideration by the PSC, the
Minnesota State Legislature introduced State legislation for Adult-Use Cannabis. The
proposed State legislation includes cannabis uses from cultivating to retail sales and
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Page 2
Licensing and Zoning Cannabis Ordinances
every step in between. It includes cannabis products that contain less than .3% THC and
products that contain more than .3% THC. The proposed State legislation does not allow
for local licensing of Adult-Use Cannabis, but it does allow for local zoning as long as it is
related to time, place and manner regulations.
Armed with the recommendations from the PSC and the proposed State legislation, the
two ordinances were prepared and are before you for first readings.
DISCUSSION
You will note that the Zoning Ordinance and the Licensing Ordinance contain many
identical provisions. The reason for this is because while we cannot be certain that the
proposed State legislation will be adopted this session or even if it is, that it will remain in
its current rendition, it is possible that licensing will be completely preempted by the State,
thereby making any local Licensing Ordinance ineffective. However, if identical provisions
are in the Zoning Ordinance, authority for which is anticipated to survive in the proposed
State legislation, then the City is able to preserve its intent of protecting the public health,
safety and general welfare, especially as related to the unauthorized sales and use by
minors.
In anticipation of the eventual legality of Adult-Use Cannabis, the Licensing and Zoning
Ordinances before you attempt to capture all of the cannabis uses – including those legal
now (less than .3% THC) and those that may become legal in the near future (more than
.3% THC). In addition, both ordinances contain a provision that states that no cannabis
products within the City can contain more than .3% THC. The intent is that if the proposed
State legislation passes, the City can hit the “pause” button before businesses
automatically begin selling Adult-Use Cannabis, giving the Council time to re-evaluate
and determine if additional regulations or less regulations are necessary or if the zoning
districts are appropriate for all of the uses.
There is no way to predict the direction the State legislature will go or what provisions it
will include. If the State completely preempts local licensing, then all of the performance
standards are in the Zoning Ordinance, which are all related to time, place and manner
regulations. If the State legislation permits local licensing, then it is not harmful that we
have duplicative conditions, standards and regulations in both ordinances.
PROPOSED ORDINANCES
The proposed ordinances include the following:
1. All cannabis businesses must be licensed by the City and in compliance with
zoning.
“CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer,
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Page 3
Licensing and Zoning Cannabis Ordinances
medical cultivator, medical processor and medical retailer, of cannabis, cannabis
products or cannabis related devices.”
2. Includes definitions in the current law for edible cannabis products and the
proposed State legislation, such as “adult-use cannabinoid” to try to capture all of
the cannabis uses of today and tomorrow.
3. Medical marijuana uses are excluded from licensing requirements, since they are
preempted by the existing State laws, however, they would be required to comply
with zoning and could only operate in the appropriate zoning districts.
4. Allows the following uses in the following districts:
a. Ag District
i. Cultivation operations, if on 100 contiguous acres and no sales are
permitted on the same property by Special Use/Conditional Use
Permit
b. C-3 and C-4 District
i. Cannabis product retail sales (see performance standards below) by
Special Use/Conditional Use Permit
c. I-1
i. Manufacturing, testing, processing, wholesale operations (these
uses tend to have odor issues which can be mitigated with
reasonable conditions on a case-by-case basis) by Special
Use/Conditional Use Permit
5. Time, place and manner regulations for retail:
a. Prohibit the purchase, use and possession of anyone under 21
b. Clerks must be 21 to sell products
c. Business must require proof of age and have signage of age requirement
d. Products must comply with State labeling and packaging requirements
(currently 5 mg THC per serving and 50 mg THC per package, must be
child-resistant, not resemble candy products, etc.)
e. Sales only between 8:00 a.m. and 10 p.m.
f. Products must be behind a counter – no direct contact by customer until
point of sale
g. Security plan approved by the Police Chief
h. Comply with compliance checks (like tobacco and alcohol)
i. No vending machines
j. No mobile sales or deliveries (transient merchants, peddlers, special
events, home occupations)
k. Not allowed at liquor stores or bars
l. No sale of cannabis products with more than .3% THC
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Licensing and Zoning Cannabis Ordinances
Another Ordinance that needs to be amended is Ch. 34 to add the licensing fees to the
Fee Table. PSC recommended a $10,000 license fee for retailers. Other licensed uses
include:
• Cultivation
• Manufacturing Facility
• Wholesaler
• Testing Facility
Background fees for liquor are $500 (up to $10,000) so a similar fee would need to be
established for cannabis uses.
The Council should review and discuss the appropriate fees for these uses, but they need
not be adopted simultaneously with these ordinances. We are proposing a July 1, 2023,
implementation date in order for City Staff to develop the license application form, to give
businesses time to decide if they want to apply for a license or to sell out their inventory
and to see what happens at the State legislature.
The following language will apply to existing businesses and any new business attempting
to open between the time of adoption and the Effective Date of July 1, 2023.
A. Existing cannabis businesses that do not comply with this ordinance as of the
date of adoption may be allowed to continue to operate as a cannabis business
until the Effective Date, after which time they shall be required to be in full
compliance with City licensing or registration requirements and all zoning
requirements.
B. No new cannabis business shall be allowed to open or start operating from the
date of adoption of this ordinance without being in full compliance with all City
ordinances.
The Zoning Ordinance was heard by the Planning Commission on February 27, 2023,
and after a public hearing, they unanimously recommended it for approval.
RECOMMENDATION
The Council should discuss the Licensing and Zoning Ordinances regarding:
• The Uses in each zoning district
• The performance standards
• The license fees and
• The Effective Date.
Staff is recommending approval of the 1st Reading and if approved, final reading would
be considered on March 20, 2023.
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ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, ENACTING
HASTINGS CITY CODE CHAPTER 117 - ORDINANCE REGARDING THE
LICENSING OF USES, SALES AND OPERATIONS OF CANNABIS AND HEMP
BUSINESSES
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 117 Cannabis Businesses is hereby enacted as follows:
117.01 Purpose
Because the City recognizes that persons under the age of twenty-one (21) years may
purchase or otherwise obtain, possess and use intoxicating cannabis products; and the
sale of these products to persons under twenty-one (21) years of age are violations of
State and Federal laws; and because the use of intoxicating cannabis products by those
underage subsequently places a financial burden on all levels of government, this chapter
is intended to regulate the sale of intoxicating cannabis products and cannabis-related
devices for the purpose of enforcing and furthering existing laws. In order to protect the
public health, safety, and welfare, the City Council deems it necessary to provide for the
regulation and licensing of cannabis businesses.
117.02 Definitions
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any cannabinoid product
authorized for sale under Minnesota state law. It includes edible cannabinoid products
but not medical cannabinoid products. It does not include non-intoxicating cannabis
projects.
CANNABINOID: means any of the chemical constituents of hemp plants or cannabis
plants that are naturally occurring, biologically active, and act on the cannabinoid
receptors of the brain. Cannabinoid includes but is not limited to tetrahydrocannabinol
and cannabidiol.
CANNABINOID or CANNABIS PRODUCT: means any of the following:
1. Cannabis concentrate;
2. A product infused with cannabinoids, including but not limited to
tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis
flower;
3. Any other product that contains cannabis concentrate;
4. A product infused with artificially derived cannabinoids;
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5. Adult-use cannabinoid products;
6. Edible cannabinoid products;
It does not include cannabis flower, artificially derived cannabinoids or hemp-
derived consumer products.
CANNABIS: means a compound of the cannabis plant known as cannabidiol.
CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer, of cannabis,
cannabis products or cannabis related devices.
CANNABIS RELATED DEVICES: means any equipment, products or materials of any
kind which are used, intended for use, or designed for use in repackaging, storing,
smoking, vaporizing, or containing cannabis, or for ingesting, inhaling or otherwise
introducing cannabis or cannabis products into the human body.
CERTIFIED HEMP: means hemp products that have been tested and found to meet the
requirements of Minnesota Statutes, Chapter 18K, and the rules adopted thereunder by
the State of Minnesota.
EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is intended
to be eaten or consumed as a food or beverage, contains a cannabinoid in combination
with food ingredients, and is not a drug.
HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition provided under
Minnesota Statutes Section 18K.02 subdivision 3.
HEMP MANUFACTURING: means the ability to facilitate the manufacturing of industrial
hemp.
INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid, including an
artificially derived cannabinoid, that when introduced into the human body impairs the
central nervous system or impairs the human audio, visual, or mental processes.
Intoxicating cannabinoid includes but is not limited to, any THC.
MEDICAL CANNABIS: means the definition provided under Minnesota Statutes Section
152.22, subdivision 6.
MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by a medical
cannabis manufacturer for purposes of distributing medical cannabis in accordance with
Minnesota Statutes Section 152.29, subdivision 1(a), and the requirements of the
Commissioner of Minnesota Department of Health or other applicable state law.
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MOVABLE PLACE OF BUSINESS: means any form of business operated out of a truck,
van, automobile, trailer, tent, table, or booth, that is transportable and not a fixed address
store front or other permanent type of structure.
NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means products made
from substances extracted from certified hemp plants that do not produce intoxicating
effects when consumed by any route of administration. This may include tinctures,
creams, lotions, ointments, or salves.
THC: means tetrahydrocannabinol.
117.03 License
No person shall engage in a cannabis business directly or indirectly deal in, sell, keep for
sale, deliver, manufacture, distribute, test, cultivate, grow, transport, or organize an event
for any intoxicating cannabinoid or cannabis product, without first having received a
license to do so from the state, if so required and from the City, as provided in this chapter.
No license shall be required for a cannabis business that only sells non-intoxicating
cannabis products or any medical cannabis businesses that are regulated by State law.
117.04 License Application
A. Application. An application for a license shall be made on a form provided by the
city. The application shall contain the full name of the applicant, the applicant’s
residential and business addresses and telephone numbers, the name of the
business for which the license is sought, a copy of the educational materials the
applicant intends to use to educate employees and any additional information the
city deems necessary. Upon receipt of completed application, the City Clerk shall
forward the application to the Council for action at a City Council meeting. If the
Clerk determines an application is incomplete, the Clerk shall return the application
to the applicant with notice of the information necessary to make the application
complete.
B. Investigation Fee.
1. At the time of filing an application for any license that can be issued under
this chapter, the applicant shall pay the city an investigation fee in the
amount established by ordinance of the City Council.
2. This investigation fee shall be a non-refundable fee and shall be used to
cover the city’s cost in processing the application and investigation of the
applicant.
3. At the time of a renewal of a license, the investigation will be included in the
renewal license fee, which will be established by ordinance of the City
Council.
C. Background Investigation.
1. At the time of making an initial application, renewal application, or request
for a new operating officer, the applicant shall file a completed application
form with the City Clerk. The applicant shall authorize the Hastings Police
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Department and other city departments, as deemed necessary by the City
Clerk, to investigate all information in the application and to conduct a
thorough background and criminal record investigation on the applicant.
The applicant shall authorize the police to release information received from
the investigation to the City Council.
2. Upon completion of the background investigation, the Hastings Police
Department shall file with the City Clerk a written report of its investigation.
3. Upon receipt of the investigation results, the City Clerk shall forward a
recommendation to the City Council for approval or denial.
4. No license will be issued or renewed if the results of the background
investigation show to the satisfaction of the City Council that issuance of a
license would not be in the public interest.
D. Renewals. The renewal of a license issued under this section shall be handled in
the same manner as the original application. The request for a renewal shall be
made at least 30 days but no more than 60 days before the expiration of the current
license.
117.05 Fees
No license shall be issued under this chapter until the appropriate fees are paid in full.
The fee for a license under this chapter shall be set by ordinance.
117.06 Action, Display, Term, Transferring.
A. The City Council may approve or deny the application for a license, or it may delay
action for a reasonable period of time to complete any investigation of the
application or the applicant deemed necessary. The issuance of a license is a
privilege and does not entitle the license holder to an automatic renewal of the
license.
B. Display. All licenses shall be posted and displayed in plain view of the general
public on the licensed premise.
C. Term. All licenses shall be for a period of one (1) year and shall expire on
December 31 of each year, regardless of when the license was originally issued.
All retail licensees will be subject to an annual compliance check.
D. No Transfers. All licenses issued under this chapter shall be issued only for the
premises to which the license was issued and only for the person to whom the
license was issued. No transfer of any license to another person or location shall
be allowed.
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117.07 Basis For Denial Of A License
The following shall be grounds for denying issuance or a renewal of a license under this
chapter.
A. The applicant is under the age of 21 years.
B. The applicant has been convicted within the past 5 years of any violation of a
federal, state, or other law, ordinance provision, or other regulation relating to the
license.
C. The applicant had a similar license revoked within the preceding 12 months of the
date of application in any jurisdiction.
D. The applicant fails to provide information required in the application or provides
false or misleading information.
E. The applicant is prohibited by federal, state, or other local law, ordinance, or other
regulation, from holding such a license.
F. The applicant or license holder has outstanding fines, penalties, or property taxes
owed to the city.
117.08 Performance Standards
A. A cannabis business shall only operate in an authorized zoning district with an
approved State and local license or registration.
B. Any person selling or distributing cannabis products shall require proof of age by
means of government issued photographic identification from the prospective
purchaser showing purchaser is twenty-one (21) years old or older.
C. Signage identifying the legal sales age and the age verification requirement shall
be posted at the point of sale. The required signage shall be posted in a manner
so that it is clearly visible to anyone who is considering or making a purchase. The
sign shall provide notice that all persons responsible for selling these products
must verify the age of any person under thirty (30) years of age, by means of
photographic identification required in this section, containing the bearer’s date of
birth.
D. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
E. No sales or distribution of intoxicating cannabis products shall be allowed at the
licensed premises after 10 p.m. or before 8:00 a.m.
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F. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products
or cannabis related devices by any means whereby a customer has access to such
items without having to request the item from the retailer or the retailer’s employee.
There shall be a physical exchange of the intoxicating cannabis product or
cannabis-related devices between the retailer or the retailer’s employee and the
customer. All intoxicating cannabis products and cannabis-related devices shall be
either stored behind a counter or other area not freely accessible to customers, or
in a storage unit or case not open and accessible to the general public.
G. All retail establishments of intoxicating cannabis products shall have a security
plan approved by the Police Chief stating how the facility will address public
health, welfare and safety concerns including, but not limited to security cameras,
fencing, lighting, window coverings, door placement, and landscaping.
H. Compliance Checks and Inspections:
All licensed premises must be open to inspection by the local law enforcement or
other authorized City officials during regular business hours. From time to time, but
at least once per year, the City will conduct compliance checks on Retailers and
Edible Retailers of intoxicating cannabis products by engaging persons between
the ages of seventeen (17) and twenty-one (21) years, to enter the licensed
premises to attempt to purchase intoxicating cannabis products. Persons used for
compliance checks are not guilty of the unlawful purchase or attempted purchase,
nor the unlawful possession of intoxicating cannabis products when the items are
obtained or attempted to be obtained as a part of the compliance check. No person
used in compliance checks may attempt to use a false identification
misrepresenting the person's age, and all persons lawfully engaged in a
compliance check may answer all questions about the person's age asked by the
retailer or his or her employee and shall produce any identification, if any exists,
for which he or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training purposes,
or required for the enforcement of a particular State or Federal law.
117.09 Prohibited Acts
A. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide
any intoxicating cannabis product to any person under the age of twenty-one (21).
B. It shall be unlawful for any person under the age of twenty-one (21) to possess any
intoxicating cannabis product. This chapter shall not apply to persons under the
age of 21 lawfully involved in a compliance check.
C. It shall be unlawful for any person under the age of twenty-one (21) to use or
consume any intoxicating cannabis product, unless it is legally authorized medical
cannabis.
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D. It shall be unlawful for any person under the age of twenty-one (21) to attempt to
disguise the person’s true age by the use of a false form of identification, whether
the identification is that of another person or one in which the age of the person
has been modified or tampered with, to represent an age older than the actual age
of the person, in order to purchase any intoxicating cannabis product.
E. No adult-use cannabinoid or cannabis product may contain more than 0.3% of
THC.
F. No edible cannabis product can contain an amount of THC that exceeds the per
serving or per package requirements in Minnesota State law.
G. No intoxicating cannabis product may be sold to an obviously intoxicated person
or a person under the influence of a controlled substance.
H. No one under the age of twenty-one (21) shall sell intoxicating cannabis products.
I. Intoxicating cannabis products cannot be sold in vending machines, by transient
merchants, peddlers, at a movable place of business, through a drive-through
window, at special events, home occupations, by internet sales or delivery service.
J. Intoxicating cannabis products cannot be sold at exclusive liquor stores or on-sale
liquor establishments.
K. No sampling or free donations or distributions of intoxicating cannabis products is
allowed.
L. No sales of intoxicating cannabis products may be completed through self-check-
out. The retailer or retailer’s employee must process each transaction at a point of
sale.
117.10 Hearings And Appeals
A. Notice. Upon discovery of a suspected violation of the City Code or state law, the
licensee shall be issued, either personally or by mail, a notice, complaint or citation
that sets forth the alleged violation. The consequences of an alleged violation may
include, but are not limited to an administrative citation, criminal citation,
administrative action such as suspension or revocation, informing other state
regulatory agencies, or other such action as authorized by law.
B. Generally. For an administrative citation, the process set forth in City Code Section
10.25 shall be followed. For an administrative action, such as a license suspension
or revocation, a license holder will be afforded a hearing before the City Council
with an opportunity to be represented by counsel, to testify, present evidence and
witnesses for the Council’s consideration.
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C. Findings. If after the hearing, the applicant is found to have violated this chapter,
the City Council may issue a suspension or revocation of the license. All decisions
by the Council shall be in writing, setting forth the reasons for the findings and such
writing shall be provided to license holder.
D. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from
seeking prosecution as a misdemeanor for any alleged violation of this chapter
and the city is not precluded from suspending or revoking the license of a licensee
as provided by this chapter.
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
, 2023 modifies the City Ordinance to regulate adult-use cannabis and hemp
operations and uses through licensing with performance standards.
SECTION 3. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW
BUSINESSES.
A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment
of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating
Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on
September 19, 2022, is hereby terminated.
B. Existing cannabis businesses that do not comply with this ordinance as of the date of
adoption may be allowed to continue to operate as a cannabis business until the
Effective Date, after which time they shall be required to be in full compliance with City
licensing or registration requirements and all zoning requirements.
C. No new cannabis business shall be allowed to open or start operating from the date
of adoption of this ordinance without being in full compliance with all City ordinances.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect on
July 1, 2023.
Passed this day of , 2023.
Mary Fasbender, Mayor
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Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
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ORDINANCE NO. XXX
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES,
SALES AND OPERATIONS OF CANNABIS AND HEMP BUSINESSES
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 155, Section 155.21.D Special Use Permits in the A -
Agricultural District shall be amended as follows:
D. Uses by Special Permit
5. Cannabis, medical cannabis and hemp growing, cultivating or farming operations
pursuant to the following conditions:
a. A minimum of 100 contiguous acres under single ownership is required for
the operation;
b. The operator must be licensed by the State of Minnesota;
c. The sale of cannabis products is not permitted on the same property as the
operation.
SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.30.C Special Use Permits in the C-3
Community Regional Commerce District shall be amended as follows:
C. Uses by Special Permit
10. Cannabis retailer, edible retailer, medical retailer, and medical cannabis
distribution facility that comply with the requirements in City Code Section
155.07.J.
SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.32.C Special Use Permits in the C-4
Regional Shopping Center District shall be amended as follows:
C. Uses by Special Permit
6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution
facility that comply with the requirements in City Code Section 155.07.J.
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SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.34.C Special Use Permits in the I-1
Industrial Park District shall be amended as follows:
C. Uses by Special Permit
4. Cannabis, medical cannabis or hemp manufacturer, testing facility, wholesaler and
processor.
SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota,
State of Minnesota, Chapter 155, Section 155.07 SPECIAL PROVISIONS shall be
amended by adding the following section for Cannabis Businesses as follows:
J. Cannabis Businesses. Because the City recognizes that persons under the age of
twenty-one (21) years may purchase or otherwise obtain, possess and use
intoxicating cannabis products; and the sale of these products to persons under
twenty-one (21) years of age are violations of State and Federal laws; and because
the use of intoxicating cannabis products by those underage subsequently places a
financial burden on all levels of government, this chapter is intended to regulate the
sale of intoxicating cannabis products and cannabis-related devices for the purpose
of enforcing and furthering existing laws.
1. The following words, terms, and phrases when used in this Chapter shall have
the meaning ascribed to them in this Section except where the context clearly
indicates a different meaning:
ADULT-USE CANNABINOID or CANNABIS PRODUCT: means any
cannabinoid product authorized for sale under Minnesota state law. It includes
edible cannabinoid products but not medical cannabinoid products.
CANNABINOID: means any of the chemical constituents of hemp plants or
cannabis plants that are naturally occurring, biologically active, and act on the
cannabinoid receptors of the brain. Cannabinoid includes but is not limited to
tetrahydrocannabinol and cannabidiol.
CANNABINOID or CANNABIS PRODUCT: means any of the following:
a. Cannabis concentrate;
b. A product infused with cannabinoids, including but not limited to
tetrahydrocannabinol, extracted or derived from cannabis plants or
cannabis flower;
c. Any other product that contains cannabis concentrate;
d. A product infused with artificially derived cannabinoids;
e. Adult-use cannabinoid products;
f. Edible cannabinoid products;
g. Medical cannabinoid products.
Formatted: Indent: Left: 0.25", Hanging: 0.25"
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It does not include cannabis flower, artificially derived cannabinoids or
hemp-derived consumer products.
CANNABIS: means a compound of the cannabis plant known as cannabidiol.
CANNABIS BUSINESS: means a cultivator, manufacturer, retailer, wholesaler,
transporter, testing facility, event organizer, delivery service, edible retailer,
medical cultivator, medical processor and medical retailer, of cannabis,
cannabis products or cannabis related devices.
CANNABIS RELATED DEVICES: means any equipment, products or materials
of any kind which are used, intended for use, or designed for use in
repackaging, storing, smoking, vaporizing, or containing cannabis, or for
ingesting, inhaling or otherwise introducing cannabis or cannabis products into
the human body.
CERTIFIED HEMP: means hemp products that have been tested and found to
meet the requirements of Minnesota Statutes, Chapter 18K, and the rules
adopted thereunder by the State of Minnesota.
EDIBLE CANNABINOID or CANNABIS PRODUCT: means any product that is
intended to be eaten or consumed as a food or beverage, contains a
cannabinoid in combination with food ingredients, and is not a drug.
HEMP OR INDUSTRIAL HEMP: means the “Industrial Hemp” definition
provided under Minnesota Statutes Section 18K.02 subdivision 3.
HEMP MANUFACTURING: means the ability to facilitate the manufacturing of
industrial hemp.
INTOXICATING CANNABINOID or CANNABIS: means a cannabinoid,
including an artificially derived cannabinoid, that when introduced into the
human body impairs the central nervous system or impairs the human audio,
visual, or mental processes. Intoxicating cannabinoid includes but is not limited
to, any THC.
MEDICAL CANNABIS: means the definition provided under Minnesota
Statutes Section 152.22, subdivision 6.
MEDICAL CANNABIS DISTRIBUTION FACILITY: means a facility operated by
a medical cannabis manufacturer for purposes of distributing medical cannabis
in accordance with Minnesota Statutes Section 152.29, subdivision 1(a), and
the requirements of the Commissioner of Minnesota Department of Health or
other applicable state law.
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MOVABLE PLACE OF BUSINESS: means any form of business operated out
of a truck, van, automobile, trailer, tent, table, or booth, that is transportable
and not a fixed address store front or other permanent type of structure.
NON-INTOXICATING CANNABINOID or CANNABIS PRODUCT: means
products made from substances extracted from certified hemp plants that do
not produce intoxicating effects when consumed by any route of administration.
This may include tinctures, creams, lotions, ointments, or salves.
THC: means tetrahydrocannabinol.
2. Performance Standards:
a. A cannabis business shall only operate in an authorized zoning district
with approved State and local license or registration.
b. Any person selling or distributing cannabis products shall require proof
of age by means of government issued photographic identification from
the prospective purchaser showing purchaser is twenty-one (21) years
old or older.
c. Signage identifying the legal sales age and the age verification
requirement shall be posted at the point of sale. The required signage
shall be posted in a manner so that it is clearly visible to anyone who is
considering or making a purchase. The sign shall provide notice that all
persons responsible for selling these products must verify the age of any
person under thirty (30) years of age, by means of photographic
identification required in this section, containing the bearer’s date of
birth.
d. Cannabis products must comply with the testing, labeling and packaging
requirements in Minnesota State law.
e. No sales or distribution of intoxicating cannabis products shall be
allowed at the licensed premises after 10 p.m. or before 8:00 a.m.
f. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis
products or cannabis related devices by any means whereby a customer
has access to such items without having to request the item from the
retailer or the retailer’s employee. There shall be a physical exchange
of the intoxicating cannabis product or cannabis-related devices
between the retailer or the retailer’s employee and the customer. All
intoxicating cannabis products and cannabis-related devices shall be
either stored behind a counter or other area not freely accessible to
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customers, or in a storage unit or case not open and accessible to the
general public.
g. All retail establishments of intoxicating cannabis products shall have a
security plan approved by the Police Chief stating how the facility will
address public health, welfare and safety concerns including, but not
limited to security, fencing, lighting, window coverings, door placement,
and landscaping.
h. Compliance Checks and Inspections:
All licensed premises must be open to inspection by the local law
enforcement or other authorized City officials during regular business
hours. From time to time, but at least once per year, the City will conduct
compliance checks on Retailers and Edible Retailers of intoxicating
cannabis products by engaging persons between the ages of seventeen
(17) and twenty-one (21) years, to enter the licensed premises to
attempt to purchase intoxicating cannabis products. Persons used for
compliance checks are not guilty of the unlawful purchase or attempted
purchase, nor the unlawful possession of intoxicating cannabis products
when the items are obtained or attempted to be obtained as a part of the
compliance check. No person used in compliance checks may attempt
to use a false identification misrepresenting the person's age, and all
persons lawfully engaged in a compliance check may answer all
questions about the person's age asked by the retailer or his or her
employee and shall produce any identification, if any exists, for which he
or she is asked. Nothing in this section prohibits compliance checks
authorized by State or Federal laws for educational, research or training
purposes, or required for the enforcement of a particular State or Federal
law.
3. Prohibited Acts:
a. It shall be unlawful for any person to sell, purchase, obtain or otherwise
provide any intoxicating cannabis product to any person under the age of
twenty-one (21).
b. It shall be unlawful for any person under the age of twenty-one (21) to
possess any intoxicating cannabis product. This chapter shall not apply
to persons under the age of 21 lawfully involved in a compliance check.
c. It shall be unlawful for any person under the age of twenty-one (21) to
use or consume any intoxicating cannabis product, unless it is legally
authorized medical cannabis.
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d. It shall be unlawful for any person under the age of twenty-one (21) to
attempt to disguise the person’s true age by the use of a false form of
identification, whether the identification is that of another person or one
in which the age of the person has been modified or tampered with, to
represent an age older than the actual age of the person, in order to
purchase any intoxicating cannabis product.
e. No adult-use cannabinoid or cannabis product may contain more than
0.3% of THC.
f. No edible cannabis product can contain an amount of THC that exceeds
the per serving or per package requirements in Minnesota State law.
g. No intoxicating cannabis product may be sold to an obviously intoxicated
person or a person under the influence of a controlled substance.
h. No one under the age of twenty-one (21) shall sell intoxicating cannabis
products.
i. Intoxicating cannabis products cannot be sold in vending machines, by
transient merchants, peddlers, at a movable place of business, through
a drive-through window, at special events, home occupations, by internet
sales or delivery service.
j. Intoxicating cannabis products cannot be sold at exclusive liquor stores
or on-sale liquor establishments.
k. No sampling or free donations or distributions of intoxicating cannabis
products is allowed.
l. No sales of intoxicating cannabis products may be completed through
self-check-out. The retailer or retailer’s employee must process each
transaction at a point of sale.
SECTION 6. 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
, 2023 modifies the City Ordinance to regulate cannabis and hemp
operations and uses by allowing them in specific zoning districts with performance
standards.
VIII-07
SECTION 7. MORATORIUM TERMINATION; EFFECT ON EXISTING AND NEW
BUSINESSES.
A. Upon adoption of this ordinance, the Interim Ordinance Prohibiting the Establishment
of New Uses or the Expansion of Existing Uses Related to Cannabis and Intoxicating
Cannabinoids (CBD) Sales, Testing, Manufacturing or Distribution, adopted on
September 19, 2022, is hereby terminated.
B. Existing cannabis businesses that do not comply with this ordinance as of the date of
adoption may be allowed to continue to operate as a cannabis business until the
Effective Date, after which time they shall be required to be in full compliance with City
licensing or registration requirements and all zoning requirements.
C. No new cannabis business shall be allowed to open or start operating from the date
of adoption of this ordinance without being in full compliance with all City ordinances.
SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect on
July 1, 2023.
Passed this day of , 2023.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
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Public Safety Advisory Commission Report on THC/CBD
Membership: Commissioners: Pemble, Stevens, Blackstad, Ascheman, Baukol, Auge` and
Caflisch and Gunter.
Guests: Kori Land, Hastings City Attorney from LeVander Gillen and Miller
Hastings Sergeant Ryan Kline
Judith Kulla, Owner; Caring Hands
Zach Rohr, CEO of Minnie Grown
Kelly Murtaugh: Assistant City Administrator
Andrew Caflisch: incoming PSAC member
Mary Fasbender: Hastings City Mayor
Timeline:
• August:
The new legislation was reviewed by Kori Land. A detailed document was provided to
the commission. Chief Wilske explained our role of developing a recommendation for
the Hastings Public Safety Committee of the council. At this meeting, the commission
recommended a one-year moratorium to allow time to gather resources and prepare a
recommendation. City council granted a moratorium of 6 months.
• September:
Commission invited two Hastings retailers to share their customers experiences
regarding these products. The commission received some licensing recommendations
from Minnie Grown. The commission also learned that these products are not limited to
“edibles”. They can be found in beverages as well. The commission also heard from
Judith Kulla; the owner of Caring Hands about sales of Minnie Grown products in her
store and perceived benefits from her viewpoint. The commission received copies of
provisions that Stillwater and Golden Valley have put in place.
• October:
The commission discussed the merits of performing a community survey, much like
Golden Valley’s. Each commission member was tasked with drafting thoughts on city
ordinance priorities as well as survey questions.
• November:
Chief Wilske informed the commission with there are 5 retailers selling these products.
This does not include internet sales. Kelly Murtaugh provided the commission with an
overview on licensing and permits. The commission agreed to recommend a license over
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a permit. The commission finalized a draft of ordinance recommendations. No
consensus reached regarding a survey.
• December:
The list of combined recommendations was reviewed with Attorney Land. Edits were
made to the list. The commission agreed to finalize a draft report.
• January:
The draft report of recommendations were reviewed including two new commission
members. Edits were made. The commission adopted the final recommendations
unanimously.
Final Ordinance Recommendations:
Despite the possibility of replication, we recommend the following be included in a Hastings
city ordinance. We recommend that this be applied to all products containing THC, regardless
of how it is ingested. We are aware this topic has the potential to have ongoing statute
changes.
• In the event that the Minnesota legislature legalizes recreational marijuana, the City’s
specific identification of prohibition of selling any product over .3% or 5mg of THC would
not be immediately available for any business to sell recreational marijuana upon
adoption of state law (unless the state law pre-empted local zoning). This would allow
the City time to study if and where recreational marijuana should be allowed.
• Retailers must be a registered business with Minnesota Secretary of State.
• Retailers must have a MN hemp license or if obtaining products out of state must be
from a retailer USDA approved.
• Retailers selling these products must have a current city license.
• Licensing fee of $8,000 – $10,000. Applicants will undergo a background check (at their
expense), pay the fee and submit proof of insurance to the city. Annual compliance
checks would be performed by the city.
• Licenses to sell these products are non-transferable from person to person or place to
place.
• We recommend limiting retailers to commercial zoning only.
• We are recommending prohibiting restaurants with an on-sale license to sell these
products.
• Retailers that sell products containing THC must have signage limiting sales to those 21
or older.
• Retailers selling THC products must have product behind a barrier, which would require
an employee to hand it to them.
• Retailers must have a process verifying age by photo ID of customer purchasing product
to age 21 or older.
• No retail sales by use of temporary sales or vending machine sales.
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• No retail may offer sampling of products.
• No THC sales at any City of Hastings events that require a special permit by the city. Ex:
Rivertown Days, Rivertown Live, Gobble Gait, etc.
• Retailers cannot have a drive-up window or use delivery sales.
The commission is prepared to offer rationale on any these recommendations.
VIII-07
The Public Safety Committee (Fox, Leifeld) met Jan. 30, 2023 to hear from PSAC on their
THC ordinance recommendations. The committee would like to move forward with the
ordinance to contain the following information:
• In the event that the Minnesota legislature legalizes recreational marijuana, the
City’s specific identification of prohibition of selling any product over .3% or 5mg
of THC would not be immediately available for any business to sell recreational
marijuana upon adoption of state law (unless the state law pre-empted local
zoning). This would allow the City time to study if and where recreational
marijuana should be allowed.
• Retailers must be a registered business with Minnesota Secretary of State.
• Retailers must have a MN hemp license or if obtaining products out of state must
be from a retailer USDA approved.
• Retailers selling these products must have a current city license.
• Licensing fee of $10,000. Applicants will undergo a background check (at their
expense), pay the fee and submit proof of insurance to the city. Annual
compliance checks would be performed by the city.
• Licenses to sell these products are non-transferable from person to person or
place to place.
• We recommend limiting retailers to commercial zoning only.
• We are recommending prohibiting restaurants with an on-sale license to sell
these products.
• Retailers that sell products containing THC must have signage limiting sales to
those 21 or older.
• Retailers selling THC products must have product behind a barrier, which would
require an employee to hand it to them.
• Retailers must have a process verifying age by photo ID of customer purchasing
product to age 21 or older.
• No retail sales by use of temporary sales or vending machine sales.
• No retail may offer sampling of products.
• No THC sales at any City of Hastings events that require a special permit by the
city. Ex: Rivertown Days, Rivertown Live, Gobble Gait, etc.
• Retailers cannot have a drive-up window or use delivery sales.
VIII-07
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: March 6, 2023
Item: Authorize Signature: Stormwater Management Facilities Agreement - Suite
Living of Hastings - SE Corner of 33rd and Vermillion Streets
Council Action Requested:
Authorize signature of the attached Stormwater Management Facilities Agreement
between the City of Hastings and Landco Investments of Hastings LLC establishing
construction and maintenance obligations for stormwater management facilities.
A simple majority is necessary for action.
Background Information:
On October 3, 2022the City Council approved several actions related to development for
Suite Living, a 32 unit assisted living facility. The 2.71-acre property is generally located
southeast of 33rd and Vermillion Streets. Execution of a Stormwater Agreement was a
condition of Final Plat approval.
Financial Impact:
The addition of 32 assisted living units will add to the tax base and create needed housing
opportunities.
Advisory Commission Discussion:
N\A
Attachments:
• Stormwater Management Facilities Agreement
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1
(Reserved for Recording Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this ____ day of _________________, 2023, by and between the City of Hastings, a
Minnesota municipal corporation (“City”), and Landco Investments of Hastings, LLC, a Minnesota
limited partnership (“Developer”).
WHEREAS, Developer is the fee owner of certain real property situated in the City of
Dakota, County of Dakota, State of Minnesota legally described as follows:
Lot 1, Block 1, Suite Living of Hastings, according to the recorded plat thereof.
Abstract Property
PID: 19-18400-00-030
(the “Property”); and
WHEREAS, Developer has obtained the approval of the City for the development of the
Property for a Stormwater Management Facilities; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to
water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices, infiltration facilities, sump structures, etc.) which are
located outside the public road right-of-way; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Stormwater Management Facilities located within the boundaries of
the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto;
and
WHEREAS, the City and Developer desire to set forth their understanding with respect to
the construction, repair and maintenance of the Stormwater Management Facilities and the
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2
responsibility relating to the costs of the repair and maintenance of the Stormwater Management
Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction and Maintenance of Stormwater Management Facilities. The
Developer agrees to construct the Stormwater Management Facilities according to the construction
plans drawn by Civil Site Group dated February 1, 2023 (“Plans”) and repair and maintain the
Stormwater Management Facilities at its sole cost and expense. Maintenance of the Stormwater
Management Facilities shall include but is not limited to compliance with the Stormwater BMP
Inspection and Maintenance Plan (“Inspection Plan”) attached as Exhibit B. Developer shall
submit an annual inspection report that complies with the Inspection Plan by September 30th of
each year. If the required annual inspection report is not submitted to the City by September 30th,
the City shall have the right to enter onto the property to conduct the annual inspection. If it is
determined that the Stormwater Management Facilities (1) have not been maintained; or (2) are
not functioning as originally designed and intended; or (3) are in need of repair, the Developer
agrees to restore the Stormwater Management Facilities so that it functions as it was designed and
intended. Failure to comply with the restoration ordered by the City shall be an event of default.
The Developer further agrees that it will not use the Stormwater Management Facilities for snow
storage and will inform its snow removal contractors of this provision of the Agreement.
2. Developer’s Default. In the event of default by the Developer as to any of the work
to be performed by it hereunder, following at least thirty (30) days prior written notice and
Developer’s failure to cure such default within such time-frame, except in an emergency as
determined by the City, the City may, at its option, perform the work and the Developer shall
promptly, following receipt of an invoice and reasonable substantiation of such costs, reimburse
the City for any reasonable out-of-pocket expense incurred by the City.
3. License, Easement, and Assessment. This Agreement is a license for the City to act
when so authorized under this Agreement, and it shall not be necessary for the City to seek a Court
order for permission to enter the Property. When the City does any such work, the City may, in
addition to its other remedies, assess the reasonable out-of-pocket cost in whole or in part. The
Developer has conveyed to the City and the public a permanent drainage and utility easement,
described and depicted in more detail on the easement document, which is dedicated to the public
for the purpose of providing perpetual access to the City, or its successors responsible hereunder,
for purposes of inspecting and performing any necessary maintenance to the Stormwater
Management Facilities.
4. Changes to Site Configuration or Stormwater Management Facilities. If site
configurations or Stormwater Management Facilities change, causing decreased effectiveness of
Stormwater Management Facilities, new or improved Stormwater Management Facilities must be
implemented to ensure the conditions for post-construction stormwater management continue to
be met.
5. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer’s successors and assigns with respect to the Property. The terms and conditions
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3
of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and
their respective successors and assigns.
6. Developer Warranty. Developer warrants and represents the following to the City
and acknowledges that this Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of
Minnesota and is in good standing under the laws of the jurisdiction in which the Property is
located, is duly qualified to transact business in the jurisdiction in which the Property is located,
and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant
hereto. This Agreement and the documents and instruments required to be executed and delivered
by Developer pursuant hereto have each been duly authorized by all necessary action on the part
of Developer and such execution, delivery and performance does and will not conflict with or
result in a violation of Developer’s organizational agreement or any judgment or order. The
execution, delivery and performance by Developer of this Agreement will not (a) violate any
provision of any law, statute, rule or regulation or any order, writ, judgment, injunction, decree,
determination or award of any court, governmental agency or arbitrator presently in effect having
applicability to Developer, or (b) result in a breach of or constitute a default under any indenture,
loan or credit agreement or any other agreement, lease or instrument to which Developer is a party
or by which it or any of its properties may be bound.
7. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
8. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
9. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
10. Consent. Developer consents to the recording of this Agreement.
11. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
VIII-08
4
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof.
12. Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person; (ii) by depositing it in the United States mail in a
sealed envelope, by certified mail, return receipt requested, with postage and postal charges
prepaid, or (iii) by proper and timely delivery to an overnight courier service addressed by name
and address to the party or person intended addressed as follows:
If to City: City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to Developer: Landco Investments of Hastings, LLC
Attn: ________________________
1824 Buerkle Road
White Bear Lake, MN 55110
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, on the third day after
mailing if mailed by United States postal service as provided above, or within twenty-four (24)
hours if sent via overnight courier service provided, that a notice not given as above shall, if it is
in writing, be deemed given if and when actually received by a party.
[The remainder of this page was intentionally left blank.]
VIII-08
5
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this ___ day of ______________________, 2023, before me a Notary Public within
and for said County, personally appeared Mary Fasbender and Kelly Murtaugh, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that
the seal affixed to said instrument was signed and sealed on behalf of said municipality by authority
of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act
and deed of said municipality.
Notary Public
VIII-08
6
DEVELOPER:
LANDCO INVESTMENTS OF HASTINGS, LLC
By:
Name:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this ____ day of
__________________, 2023 by , the
of Landco Investments of Hastings, LLC, a Minnesota limited liability company, on behalf of said
limited liability company.
Notary Public
This instrument drafted by
And after recording, please return to:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
VIII-08
A-1
EXHIBIT A
STORMWATER FACILITIES LOCATION MAP
VIII-08
B-1
EXHIBIT B
STORMWATER BMP INSPECTION AND MAINTENANCE PLAN
VIII-08
B-2
VIII-08
B-3
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: March 9, 2023
Item: Budget Carryovers – 2022 to 2023
Council Action Requested:
Staff requests Council approval to carryover expense budgets from the 2022
budget to the 2023 budget for unspent donations and select capital and equipment
purchases.
Background Information:
A balanced budget is adopted before the beginning of a fiscal year. Current
practice is to allow the budget amount for capital items that are not purchased in a
budget year due to extenuating circumstances to be moved to the next fiscal year.
A capital item is an individual purchase greater than $10,000 with a useful life
greater than one year. The requests include several items that were budgeted in
2022, but were not completed due to supply chain or other delays.
The first request relates to the recycling containers and a recycling study. Funded
by a grant from Dakota County, $119,319 needs to be carried forward due to
production delays for the containers and timing of the study.
The next item staff is requesting is from the Finance department. This $337,045
request is needed to complete implementing a new Finance System. This needs to
be carried forward into 2023 due to the vendor’s schedule.
The Facilities Department requests carrying forward a total of $23,878 for Fire
department furniture ($9,778), and a new hot water pump in the Police
department ($14,100). Supply chain delays are again the reason for this request.
Police requests to carry forward $30,000 for portable safety cameras, and Public
Works requests $260,000 for a new dump truck. Both items were delayed in
being delivered to the respective departments.
The Parks department is requesting five items be carried forward. First, $20,000
is requested for carry forward to assist property owners that qualify for assistance
in removing trees that must be removed due to Emerald Ash Borer infections.
Next, there is a need to carry forward $44,687 to purchase a replacement slide for
Roadside Park. Another request is for $18,133 to complete repairs at the Aquatic
Center. The department requests $637,753 be carried forward to complete the
Lake Isabel Redevelopment project. Finally, the department needs $21,834
carried forward to complete three projects from the 2022 Community Investment
Fund list that are near completion, but need more time.
VIII-09
Community Development requests that $7,950 to purchase a scanner be carried forward.
This is needed to digitize the Pioneer Room.
Fire requests that $26,176 be carried forward to purchase uniforms and turnout gear due to
supply chain delays.
The remaining five items requested are for the City’s utilities. The Water utility
requests $76,000 be carried forward for the multi-year water meter replacement
project.
The Wastewater utility needs $37,500 carried forward for a Lift Station Generator
that was ordered in 2022, but delivery was delayed. This is expected to be
installed Summer 2023.
The Stormwater utility requests $30,000 be carried forward to fund a direct
drainage assessment. In addition, they request $6,800 be carried forward to
complete a controlled burn that was begun in the fall, but couldn’t be completed
due to weather conditions.
Finally, the Hydro Plant requests $76,000 be carried forward for Electrical Control
Systems. The wasn’t able to be completed in 2022 due to the vendor’s
availability.
Donations:
Donations are accepted by the City Council and designated for a special purpose.
Donations received by departments can be carried to the next fiscal year for two
years before reverting to the fund balance if not spent. The donation amounts
requested on the schedule are consistent with prior practice.
Financial Impact:
All items are currently in the 2022 budget and all funds requested for carryforward
remain unspent.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
Listing of budget carryover requests
VIII-09
* Donations have historically remained in a department's expense budget for two consecutive years before reverting
to fund balance.
Amounts presented here reflect only those funds eligible for roll‐forward to the 2022 budget.
Budget Carryover Requests ‐ 2022 to 2023
2022 Spent Carryforward
Account #Description Budget YTD Request
Capital & Initiative Items:
101-105-1051-6319 Big Belly Containers & Recycling Study 136,475.00 17,156.00 119,319.00
101-120-1201-6580 Finance system project 430,000.00 92,955.00 337,045.00
101-140-1406-6561 Fire - Table for lounge, chairs for 3
rooms 18,200.00 8,422.00 9,778.00
101-140-1403-6350 Hot Water Pump - Police 14,100.00 - 14,100.00
101-201-2010-6580 Portable Safety Cameras - Police 30,000.00 - 30,000.00
101-301-3200-6580 Dump Truck 260,000.00 - 260,000.00
200-401-4440-6580 Roadside Park Big Slide 44,687.00 - 44,687.00
201-401-4240-6352 Pool repair project 58,622.00 40,489.31 18,132.69
401-401-4115-6590 Lake Isabel Redevelopment 662,513.50 24,760.92 637,752.58
401-401-4101-6590 Community Investment Fund Projects 191,381.00 169,547.00 21,834.00
101-401-5002-6347 Hardship Relief - EAB tree removal 20,000.00 - 20,000.00
210-170-1702-6206 Heritage Preservation 7,950.00 - 7,950.00
213-210-2100-6218 Fire Uniforms and turnout gear 61,738.00 35,562.50 26,175.50
600-300-3300-6590 Water Meter Replacement 76,000.00 - 76,000.00
601-300-3400-6580 Lift Station Generator 40,000.00 2,500.00 37,500.00
603-300-3600-6590 Direct Drainage Assessment 30,000.00 - 30,000.00
603-300-3600-6356 Controlled Burn 10,000.00 3,200.00 6,800.00
620-300-3500-6580 Electical Control Systems 76,000.00 - 76,000.00
2022 Spent Carryover
Account #Description Budget YTD Request
Donations:
101-201-2010-6494 HPD needs 400.00 - 400.00
101-201-2010-6494 Medical Equipment 8,267.47 6,628.88 1,638.59
101-201-2219-6494 Police K9 program 500.00 - 500.00
200-401-4440-6494 Memorial bench 25,565.00 9,800.00 15,765.00
200-401-4440-6494 Paws in the Park 500.00 - 500.00
200-401-4440-6494 Memorial Tree 400.00 382.90 17.10
200-401-4440-6494 National Night Out 300.00 - 300.00
200-401-4440-6494 Public Arts 2,500.00 - 2,500.00
200-401-4440-6494 Safety Camp 500.00 - 500.00
200-401-4445-6494 Summer Programming 12,875.00 10,503.97 2,371.03
200-401-4445-6494 Music in the Park 10,000.00 5,132.39 4,867.61
200-401-4460-6494 Youth First - Halloween Party 2,499.42 2,334.90 164.52
210-170-1704-6494 Pioneer room 505.20 210.84 294.36
210-170-1704-6494 Gar Flag 1,545.00 950.00 595.00
213-210-2100-6494 Fire department 500.00 - 500.00
213-210-2100-6494 Fire Prevention 4,470.00 3,850.00 620.00
221-201-2021-6494 Police reserves 2,500.00 - 2,500.00
401-401-4134-6494 Parks Department 275,207.42 - 275,207.42
TOTAL 309,240.63
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: March 2, 2023
Item: Conduct Public Hearing and Consider Resolution to Approve Plans and Specifications for the 2023
Neighborhood Infrastructure Improvements and to Authorize Advertisement for Bids
COUNCIL ACTION REQUESTED
Council is requested to conduct a public hearing regarding the proposed scope and features of City Project
2023-1, the 2023 Neighborhood Infrastructure Improvements. Additionally, the Council is requested to consider
adopting the enclosed resolution approving the plans and specifications and authorizing advertisement for bids.
Note that due to City Council absences, we cannot achieve a super-majority vote, therefore ordering the
improvements will be postponed to a future City Council Meeting when attendance will allow. The City Council
may order the improvements at any time within six months after the date of the improvement hearing. A
construction contract would not be initiated without ordering the improvements by City Council.
BACKGROUND - PROPOSED IMPROVEMENT PROJECTS & DESIGN FEATURES
The 2023 Neighborhood Infrastructure Improvements contains street and utility improvements to six City
streets. These improvements range in scope from street reclamation with limited utility work to complete street
and utility reconstruction. Each street and corresponding scope of work to be completed is further explained
below:
IMPROVEMENT AREAS
The streets to be fully reconstructed include:
Pleasant Drive – Vermillion River Bridge to 15th Street
Old Bridge Lane – Northridge Drive to Pleasant Drive
The streets to be reclaimed include:
Pleasant Drive – CSAH 46 to Vermillion River Bridge
Southview Drive – Pleasant Drive to Westview Drive
Southview Place, Ridgewood Court, and 18th Court
COMPLETE RECONSTRUCTION AREAS SCOPE
Pavement – the pavement surface on the majority of the proposed reconstruction areas is extensively
deteriorated and in need of complete replacement. Correction involves complete reconstruction of the
street with new underlying base material, and finished with a new pavement surface.
The drainage systems require upgrades including upsizing, extensions, repairs, and additions of inlets.
Sanitary sewer and water systems are aged and are showing signs of failure, which need to be removed
and replaced or heavily rehabilitated.
Curb and gutter – full replacement of curb and gutter would be included in the project to improve
drainage and to protect the edges of the pavement surface.
IX-01(a,b)
RECLAMATION AREAS SCOPE
Pavement – the pavement surface within the proposed reclaim areas is deteriorated beyond means of
a surface-only correction (mill and overlay), however, the majority of the curb and gutter still has
serviceable life. The proposed correction therefore includes reclamation (grinding up) to the full depth
of the existing pavement and underlying base material to be re-used to support a new pavement
surface.
The drainage systems in place require minor extensions, repairs, and additions of inlets.
Components of the water main system, such as gate valves, will have spot rehabilitations performed as
needed.
Curb and gutter – the majority of curb and gutter in the reclaim areas will be left in place, with panels
that are broken or inhibiting proper drainage being removed and replaced.
STREET WIDTHS
When streets are to be reconstructed, we look at the possibility of narrowing widths if appropriate to
help calm speeds and to minimize future pavement costs and snow removal efforts. Since reclamation
projects keep the existing curb in place, the ability to narrow is not an option.
The proposed changes to existing street widths for the reconstruction areas are as follows:
o Pleasant Drive – Vermillion River Bridge to 15th Street – Reduced from 44 feet to 35 feet wide
This section of Pleasant Drive has minimal parking demand and only 2 driveways fronting the
roadway. Pleasant Park and St. Phillips Church may utilize on-street parking and are both on
the west side of the corridor, where single sided parking will remain.
o Old Bridge Lane – Reducing width from 36 feet to 30 feet
In alignment with other low volume roads with minimal on-street parking demands, Old Bridge
Lane will maintain two-sided parking while being reduced to a more efficient long-term width.
PARKING NEEDS
Even with the narrowing as described above on select blocks, all proposed street widths within the
project areas are of sufficient width to accommodate parking needs of the area.
SIDEWALKS AND TRAILS
Pleasant Drive currently has 5-foot wide sidewalks running along both sides of the corridor. In the
proposed design, the eastern sidewalk would remain in place and the western sidewalk would be
replaced with a 10-foot wide paved trail in alignment with the City’s People Movement Plan. At each
intersection along Pleasant Drive all pedestrian ramps will be removed and replaced in compliance with
ADA (Americans with Disabilities Act) requirements.
Along Southview Drive no existing sidewalk or trail facilities are established and with this project
proposal a new 8-foot wide paved trail would be added along the north side of the roadway between
Pleasant Drive and Westview Drive. This would connect the existing trail system around the Hastings
Golf Club to the Pleasant Drive trail.
There are no existing sidewalk or trail facilities along Old Bridge Lane, Southview Place, 18th Court, or
Ridgewood court and none are proposed with this project.
UTILITY INFRASTRUCTURE
There are significant municipal utility reconstruction and rehabilitation elements planned for the
streets that are proposed for full reconstruction:
o Replacement of the existing water mains
o Replacement of the sanitary sewer system
o Excavated replacement of sewer and water services (within the right of way)
IX-01(a,b)
o Enhancement of the storm sewer system to improve storm water drainage and quality where it
is needed and feasibility
In the areas indicated for reclamation, minor utility enhancements will also be performed including:
o Repairing existing gate valves along water main system
o Trenchless sewer lining rehabilitation on the sanitary sewer system
o Minor additions and rehabilitation of storm sewer system to enhance surface drainage
STORMWATER QUALITY IMPROVEMENTS – To comply with stormwater regulations, 3 specialized water
quality structures will be installed throughout the project area. These structures will greatly
enhance the quality of stormwater before it reaches the Vermillion River as they will not only catch
trash and debris, but also will remove pollutants and silt rather than letting them reach the river.
EXISTING TREES
There are several mature trees located within the boulevards of these neighborhood streets.
During design and construction of the project, Engineering Staff works directly with the City Forester
to bring expertise in assessing tree conditions into the process. We make every effort to keep trees
that are in good health by adjusting the infrastructure alignments, as the character of the
neighborhood depends on these decisions.
Despite efforts to design around the existing trees to the extent possible, approximately 13 trees
will need to be removed as part of the proposed improvements. That being noted, over 50% of the
trees proposed for removal are Ash trees currently diseased with Emerald Ash Borer.
Trees that are being removed as part the project improvements are being replaced with assistance
from the City Forester in collaboration with affected property owners.
OTHER ISSUES AND COMMENTS
OPERATIONS COMMITTEE MEETINGS – City staff met with the Operations Committee on January 12,
2023, to discuss the recommended project scope and proposed assessment amounts. The
Committee supported staff recommendations on the proposed improvements.
The Committee also recommended that staff pursue additional feedback from any resident that
may have tree removal impacts as part of the project, most specifically those on Southview Drive.
Staff has communicated with all residents along Southview Drive as well as Pleasant Drive that have
trees proposed to be removed to identify ways to minimize disturbance and restore trees that are
taken. All residents contacted have been receptive to the work being proposed and generally have
all shared the perspective that no disturbance would be preferred, but having removed trees
replaced (among other considerations) is acceptable.
PUBLIC OUTREACH – A notice was mailed to each property owner to make them aware of the project
website that includes a presentation and additional resources. The property owners were strongly
encouraged to review the website and to call and set up one-on-one meetings with Engineering
Staff to provide their comments and ask questions. To date we have connected with more than 25
of 72 assessed property owners through one-on-one meetings, mailed surveys, and online surveys
which is approximately 35% of the properties affected by the project. A summary of the attendees’
comments received from these connections, along with staff responses, have been attached for the
Council’s consideration. There was general support and positive reaction for the scope and features
of the project.
OVERVIEW OF ASSESSMENTS IMPACT
ASSESSMENT RATES – Assessment rates were determined based on an analysis completed by a third-
party appraiser for each property type within the project area. This analysis determined the special
IX-01(a,b)
benefit anticipated for each property based on the type of improvement taking place. A summary of
the rates generated utilizing this report are as follows:
o Standard Assessment for Reconstruction Area - $7,650 per Lot
o Standard Assessment for Reclaim Area - $6,750 per Lot
o Total Private Assessments - $446,063
Assessments will be discussed in further detail at the Council meeting to be held on April 3rd.
FUNDING
The project has a total pre-bid cost estimate of nearly $4.3 Million, including design, engineering,
construction, and other project delivery overhead costs, as detailed in the Feasibility & Assessments
Report delivered to the Council on February 6th.
The street, storm sewer, and surface restoration costs will be funded by street reconstruction bonds
(about 66%) and the utilities (sanitary sewer and water) will be funded by utility revenue bonds
(about 22%). Assessments are estimated to cover approximately 12% of the overall project costs
(1% city owned properties and 11% privately owned properties). A funding mix summary will be
presented during Monday evening’s meeting.
The project is tracking to be funded within the City’s funding parameters for 2023.
SCHEDULE
The timeline for this project is to begin construction by May and wrap up in October.
COUNCIL ACTION REQUESTED
Council is requested to conduct the public hearing for the project and approve the resolution approving the
plans and specifications, and authorizing the advertisement for bids.
ATTACHMENTS
Resolution Approving the Project and Authorizing the Advertisement for Bids
Project Map
Neighborhood Meeting Comments & City Staff Responses
IX-01(a,b)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PLANS, AND AUTHORIZING THE
ADVERTISEMENT FOR BIDS FOR PROJECT 2023-1, THE 2023 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS
WHEREAS, a resolution of the City Council adopted the 6th day of February, 2023, ordered a hearing on the
proposed infrastructure improvements on City Project 2023-1, and
WHEREAS, required mailed and published notices of the hearing were given, and the hearing was held
thereon on the 6th day of March, 2023, at which all persons desiring to be heard were given an opportunity
to be heard thereon.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that
1. Such improvements are necessary, cost-effective, and feasible as detailed in the feasibility report.
2. Plans and specifications for these improvements prepared by the Hastings City Engineer are hereby
approved.
3. The City Engineer and City Clerk shall cause to be made a matter of record via this resolution any
amendments to design features made by the City Council at the March 6th, 2023 City Council meeting.
The City Council hereby amends the project scope and plans as follows:
4. The City Engineer shall prepare and cause to be published on the Quest Construction Data Network
web site and on the City of Hastings official web site an advertisement for bids for the construction of
the approved Project 2023-1. The advertisement shall be published for three weeks, shall specify the
work to be done, shall state that bids will be opened virtually on a date and time to be determined, and
that no bids will be considered unless sealed and filed with the Clerk and accompanied by a cash
deposit, cashier’s check, bid bond, or certified check payable to the City of Hastings for 5% of the
amount of each bid.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6th DAY OF MARCH, 2023.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
IX-01(a,b)
P l e a s a n t D r i v e
Highway 55
Ridgewood Ct
County Road 46
O
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B
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n S o u t h v i e w D r
18th Ct
15th Street
2023 Infrastructure ImprovementsProposed City Project 2023-1
Full ReconstructionReclaim
IX-01(a,b)
Public Outreach Feedback
2023-1 Neighborhood Infrastructure Improvements
Address/Name Resident Questions/Comments/Concerns City Staff Response
1441 18th Court
Carey and Jerry Brekken
We have expressed our major concerns to the city over the past 30 years in regards to
the storm water drainage and the placement of 2 drainage grates at end of cul-de-sac.
I sent an email with photos to Cody Mathisen on 10/10/2022. We have damage to our
driveway apron and road because of water damage and past road repairs.
1.Thank you for alerƟng us to this drainage issue early in the design process. As of now, we are planning to replace all of the
curbing in front of your driveway all the way to the storm sewer catch basins where the water should be going at an improved
slope. We will also be replacing the end section of your driveway apron as a result of this. Lastly, we will be replacing and lowering
the 2 storm drainage structures themselves to ensure that the water is routing to them instead of in front of your driveway. Rest
assured, we will do everything we can to improve this issue with the project. There are some limitations to getting the issue 100%
corrected with limited slopes and shallow storm sewer, however, we believe this issue will be significantly improved following our
work.
1410 18th Court
Leann Litschke
I would like to understand the sequencing of how each road will be done to maintain
accessibility to our street.
Emailed full process of construction steps that can be found on website. 18th Court will be getting a “reclaim” improvement
whereas Pleasant Drive will be getting fully reconstructed. Rest assured with both types of improvements, we will ensure that you
have access to your home essentially at all times unless we communicate to you ahead of time otherwise. Note 18th Court has
minimal sanitary sewer, water main, and storm sewer work so the timeline provided will be much quicker on this street as
compared to Pleasant Drive. The majority of existing curb and gutter will remain in Place along 18th Court.
1431 18th Court
Russell & Cynthia Pond
In watching the video, which was very informative, you referenced some water valves
that need maintenance. We assume these are not the street water shutoff valves for
each property which are close to each front property line. Ours is underneath pavers
beside out driveway.
Comment: Our house was the first one built on the 18th court cul-de-sac in the
summer of 1983, so we doubt whether the under street utilities need a rebuild. In the
video you seem to say the sanitary sewer is to get a "trenchless lining" which implies
that you don't need to dig up the sewer line to install this. Overall, it looks like a pretty
good design plan. We are glad to see that you don't plan to make Pleasant as narrow
as 15th St. That is not a good situation with parking on both sides of the street,
especially in winter with the curbs buried. It seems that some less than qualified
drivers think they need to intrude in the oncoming lane to pass a parked vehicle.
1.You are correct – the water valves that will be repaired are our water main valves in the street, not the individual valves to homes
like the one located in your driveway.
2.You are correct with the trenchless sewer rehabilitaƟon we will not be digging down to the depth of the sewer main which will
help limit disturbance to the area. In regards to the parking lane on Pleasant, we are glad you agree that the 9-foot dimension will
work better than a more constricted parking lane.
1411 18th Court
Karla Green
There is a dip in pavement in front of my mailbox. The water pools there after winter
melt or rain every year. Will that be fixed so water runs to the sewer at the end of the
court instead of pooling there?
I am a single woman with no job due to ankle and knee issues. My husband has died. I
cannot afford this assessment along with the property tax hike I am already getting
thrown this year. How do I know if I’ll be able to qualify for assessments abatement
before this work starts? I need to know if I’ll be forced to sell and move out of my
lifelong home before this work starts!
Confirmed that dip in front of mailbox would be corrected with new spot curb replacement and new pavement.
Discussed assessment abatement grant program and provided details as well as timing for when to expect the application for that
program.
1440 18th Court
Carol Novak None N/A
1440 Ridgewood Court
Jan Hertel None N/A
IX-01(a,b)
Public Outreach Feedback
2023-1 Neighborhood Infrastructure Improvements
Address/Name Resident Questions/Comments/Concerns City Staff Response
1400 Ridgewood Court
Jim Hoffman
on the Ridgewood Court reclaim project, will our driveway apron be removed and
replaced? Or does it depend on the current condition of the concrete?
- if our driveway apron was replaced, does the concrete contractor typically have the
ability to replace my whole concrete driveway ? (contracting directly with me?)
- our corner lot has quite a bit of professional landscaping, is it possible to have some
idea, ahead of time, what the combination of the two projects (Pleasant and
Ridgewood) will damage the area? And is there any post project repair/replace funds?
- what is the winter snow removal strategy for the pending 10’ trail? Will the city be
responsible for the whole length of the trail?
And, on the subject of the trail and boulevard area, we periodically get snowmobiles
riding on the boulevard and sometimes on the sidewalk. Any thoughts on addressing
this issue with the revamped street? (it sucks)
For the record, we like the new proposal. My wife and I support it 100%
1.As of now, we do not plan to replace your driveway apron based on its current condiƟon. We did not observe any major structural damage in our
preliminary review that warrants a full replacement. We do however plan to replace 1 panel of existing curbing that we did see having structural damage
just to the west of your existing apron.
2.In regards to our contractors/subcontractors ability to perform replacements of the whole driveway, that will depend on who ulƟmately secures the bid
and their desire to take on additional work. In the past few years, the majority of contractors working on our city street projects are not interested in
taking on additional work in private driveways do to their committed workload. Once the project begins, this is something we can inquire with the
contractor to gauge their interest if you would like to reach out again early this summer and check. Typically for those interested in replacing their
driveway my suggestion is to seek out a few local contractors to assemble bids for you and look to have that work completed once we are completely done
and out of the area.
3.As of now, I foresee liƩle to no impacts to the majority of your landscaping, and have detailed that out by street below. As far as repair and
replacement, we will be restoring all grass areas with a blown compost turf seed product that we have seen high success with when properly taken care of.
There will not be any other funds available for the restoration of private landscaping in the public right-of-way. Landscaping in the right-of-way is
considered a guest and therefore is not restored with project costs outside of seeding. For landscape areas that we do disturb, we coordinate with
homeowners as to how you would like us to leave it – for example, most areas where we disturb a rock or mulch bed most homeowners just ask that we
bring the area back to the appropriate grade so that they can replace the material once we are gone as opposed to having us seed that disturbance.
a.Along Ridgewood Drive, the only damage that would take place would be very minor behind the cracked curb panel just west of your exisƟng driveway
apron.
b.Along Pleasant Drive, the edge of the sidewalk closest to your house will match the edge of the new bituminous trail that we plan to install. In other
words, we do not plan to cut back into your yard more than 1-2 feet max from the existing sidewalk edge to construct this new trail.
4.The city parks department will be responsible for snow removal of the enƟre 10’ bituminous trail along Pleasant Drive.
5.As far as snowmobiles along the boulevard of Pleasant Drive I will forward this quesƟon on to our Code Enforcement Department and see if this acƟvity
needs to be reviewed or enforced differently than we currently are.
1411 Ridgewood Court
Elizabeth Otto
Yes, Currently I have problems with water pooling at the bottom of my driveway after
it rains or when the snow melts. In the winter this causes a lot of ice buildup and it’s
almost impossible for me (who is 90) to get my mail. Is this project going to resolve this
issue?
Yes, why isn’t the amount I am being assessed based on the actual footage of my
property that runs along the street versus a flat rate? I feel it’s unfair to treat all
properties alike when there’s a big difference between my property and other
neighbors the neighborhood.
Discussed with Elizabeth that the curb in front of her driveway is planned to be replaced which should greatly improve the drainage
issue occurring in front of her driveway. In regards to assessments, discussed with that a per-lot method was utilized in this years
project due to the large majority of lots being irregularly shaped. Using a front foot method would result in substantial inequities
between assessments and the per lot method more fairly spreads assessed costs.
1410 Ridgewood Court
Judith Gilbert None N/A
2500 Southview Place
Chad Terhark
I would like to know if there is any chance of damage to sewer or water connections to
my house. It sounds like maybe you are not going that far down on our street but just
want to check.
Informed resident that because the scope of improvements on Southview Place is only a reclaim, that it is very unlikely that we
would have any impact on sewer/water services.
2575 Southview Place
Tim and Barb Wedekind
Resident had concerns regarding the relocation of the fire hydrant and pedestal at the
southwest corner of their property. Also had concerns that regarding the narrowing of
Pleasant Drive and the additional vehicles that may park in front of their house to use
the trail. Generally had questions on the assessment process and how those values
were determined.
Discussed the impacts of our relocation work and how we can minimize this for the resident. Explained that the width of Pleasant
Drive is modeled after other roads in town with higher traffic volumes and one sided parking where this narrower width has been
successful and cost saving. Explained the assessment process and how special benefit values are determined.
2580 Southview Place
Kevin Roach
Kevin called and had several questions about the project including the impact of the
new trail on his property, the narrowing of Pleasant Drive, sound and dust control
during the project, how much his assessment would be, how he would be able to
access his driveway, and who is responsible for relocating his underground sprinklers.
Discussed with Kevin that with the installation of the new trail we do not anticipate any tree removal on his property, only
trimming, and that some of his existing landscaping would be disturbed. Explained the reason behind narrowing Pleasant Drive
based on the limited existing parking demand and the success of this corridor style on similar streets in town. Ensured him that
dust would be controlled with watering during the project and that working hours are typically limited from 7 am to 7 pm. Shared
the amount of his proposed assessment and also detailed how access is preserved throughout the construction process with some
minor exceptions. Lastly, discussed that the cost of relocating sprinklers is the responsibility of the property owner.
IX-01(a,b)
Public Outreach Feedback
2023-1 Neighborhood Infrastructure Improvements
Address/Name Resident Questions/Comments/Concerns City Staff Response
1301 Southview Drive
Janna and Randall Parks
Will the damage to our landscaping due to the valve repair and any other activity on
our property be replaced/repaired during the scope of this project? if not, will we be
compensated for the monies needed to replace/repair damaged landscaping?
I would like to see an itemized list of all costs associated for the repairs on Southview
Drive before agreeing to pay for any of these costs. The summary provided was not
specific. Do I have to pay for the sidewalk (trail) on the opposing side of the street
from my residence?
Our road and utilities appear to be in great shape, why is this necessary now? Why is
this necessary now and why do my taxes not cover this expense?
Discussed that impacts to landscaping would be minimized to the degree possible, however, any minor impacts that do happen the
city is only responsible for reestablish grass in the area and further landscaping is the responsibility of the homeowner.
In regards to why the project is being done now, explained that Southview Drive was skim patched in the last 10 years and is due
for a more robust reconstruction, especially because all streets surrounding it have been or will have been redone after this
project. The utility elements in the area are not visible from the surface and are in need of minor rehabilitation.
1310 Southview Drive
Kathe and Mike Ellis
Met with Kathe and Mike to discuss all related impacts, questions, and possible
mitigation options for the addition of the new bituminous trail in front of their
property on Southview Drive. Topics discussed included impacts to their driveway
apron, landscaping, mailbox, and trees. Additional topics discussed included potential
impacts to irrigation systems and consideration for the signing of no overnight parking
along the Southview Drive "S-Curve".
Clarified that as part of the trail construction we currently only anticipate removing 1 of 2 trees in their front yard, and that tree
being removed happens to be an Ash tree showing early signs of Emerald Ash Borer infection. Discussed the option to have the city
replace this tree in their front yard as recommended by the City Forester. As part of the trail construction, we also can use this
opportunity to provide a widened driveway apron that better aligns with their existing driveway. Although the property's existing
decorative mailbox will need to be removed for the trail, we are proposing to align the trail through the driveway such that a new
mailbox may remain on their side of the street in a similar location. Regarding irrigation system impact, discussed with them the
methods they can to help minimize our disturbance such as marking heads and/or having them capped before construction. Lastly,
in regards to signing Southview for no overnight parking or similar no parking limitations in the S curve that is something that
engineering will analyze in conjunction with or after the project. Similar measures may be taken to the no parking limitations
further east on Southview Drive.
1330 Southview Drive
Arleen Guerber
I am opposed to the addition of a bituminous trail through my property. My husband and I
built our home in 1990 and selected this property because we liked the way the home looked
on the curved lot. This trail will destroy the aesthetics of my home and property by taking
over a large portion of my front yard with a strip of asphalt while also bringing large numbers
of people onto my property and closer to my house that have used the street for the last 33
years without incident. If the trail portion of the project must proceed over my concerns, I
have the following questions:
1. Where will my mailbox be relocated to? What is the cost for my irregularly shaped
property? Will no parking signs will be installed in my front yard? When a trail was added
adjacent to the Hastings Golf Club, Southview Drive and Westview Drive were narrowed to
allow space for the trail. As part of this project, Pleasant Drive is being narrowed to allow
space for the trail. Why isn't my street being narrowed? It will now be wider than Pleasant
Drive and has less traffic. Is the city responsible for snow removal on the trail? Am I
responsible for costs to relocate my sprinkler system? Will the tree north of my driveway be
removed? If so, who is responsible for this cost? The project overview video states that these
improvements will have a positive impact on property values. How is adding an 8' wide strip
of bituminous paving to my front yard going to increase my property value or the curb appeal
of my home? Will the fire hydrant north of my driveway need to be relocated? I am over the
age of 65. What are my options for reduced payment? Why is Pleasant Drive being narrowed
for the construction of a bituminous trail, but Southview Drive is not?
Discussed the justification for the trail being a necessary safety improvement to this confined area of Southview Drive which has a
high number of pedestrians using the route and that now is the most economical time for the City to install this facility.
Provided assessment amount and preliminary answers to all questions including options for assessment assistance. Currently
mailbox is proposed to be shifted north near the property line, north of the proposed trail pedestrian ramp crossing. No parking
signs are not currently anticipated along this stretch of Southview.
Explained that Southview Drive is already as narrow as it can be, and therefore narrowing the road to help accommodate the trail
was not an option that could be pursued. Shared that snow removal will be the responsibility of the City. Currently, fire hydrant is
planned to be relocated north along Southview Place. No current plan to remove her tree, only trim.
2527 Old Bridge Ln
Jeff Tomassoni
Much dead time not knowing details of the project since the surveys and
determinations were established. With the period for public comment and input is too
short for such a substantial project. Not enough consideration given for residential
access during construction.
Staff called and emailed several times without response from resident.
IX-01(a,b)
Public Outreach Feedback
2023-1 Neighborhood Infrastructure Improvements
Address/Name Resident Questions/Comments/Concerns City Staff Response
2530 Old Bridge Ln
Shane Lanning
Asked how much impact he will have on his property. Asked about the trail location
along pleasant and is he has to shovel it. Asked about the property to the South of his
lot and the Vermillion river, and about the county trail. Overall happy with the project.
I informed Shane there could be little impact on the pleasant side of his property and explained where the trail will be going. I also
let him know there will be more impact along his property on Old Bridge Ln. I let him know we are going to replace the curb,
utilities, his water and sanitary services, and his driveway apron. I informed him there my be a county underpass and trail
extension south of the bridge and his property. He was interested in purchasing that property in the near future. I advised him to
reach out to the county and find out the details on future plans.
1356 Northridge Court
Thomas Otto
Resident stopped in to public works and was inquiring if he would be assessed for the
project seeing as his rear lot line fronts Pleasant Drive. Also had questions as to why
the responsibility for shoveling Pleasant Drive sidewalk was his if he only has rear
frontage.
Clarified that his property would not be assessed as part of the project because he has rear frontage only. In regards to snow
clearing this sidewalk, we referred him to our Code Enforcement department who would be able to better clarify the responsibility
for clearing snow off of sidewalks adjacent to private property.
1401 15th Street W
St. Philip’s Lutheran
Church
1. Will St.Philip’s Lutheran Church be billed for the street improvement in 2024? 2. St.
Philip’s requests a meeting with Cody Mathisen, (in person preferred) to discuss an
issue raised during the summer of 2022 from residents of 16th St. W. Regarding a back
yard pooling problem that happens during snow thaws. It was said at the meeting
between residents and city personnel that connecting to an underground drain system
in place would be a corrective option. St. Philip’s would like to discuss having that done
at time of construction. Glenda Schnirring and one other Grounds team member
would like the appointment. 651-437-6246 or gleners@embarqmail.com to respond.
we will fully cooperate with the plan.
Had an in person meeting with 7 members of church staff where we discussed and sorted out how they can proceed with their
drainage issue utilizing an independent contractor. Also discussed tree removals along Pleasant Drive as part of the new trail
construction with church staff and all members of the meeting were accepting of this plan.
1356 16th Street W
Ervan Zaruba
Asked about the assessment and how much it would be. Asked what were are doing
near his property. Informed me he will be moving soon.
I explained the assessment process and how much it will cost him. I explained the options on paying the assessment. I informed
him on what will be being replaced on pleasant by he house. Lastly I informed him there will be upcoming updates as we start the
project, and that 16th W to the East will remain open.
1326 17th Street W
Gary Stevens
I use Pleasant Ave frequently, so where are all the manhole covers going to line up in
the roadway when reconstruction is completed ? I travel 15th St East constantly from
my house to Vermillion St, due to that reconstruction the manholes line up where my
vehicle tires are constantly going these covers which create discomfort because they
are recessed & over time can cause potential damage to front end alignment of the
vehicle or you have to avoid going over the manholes. What is the acceptable manhole
recess in the roadways ?
Will there be any type of angle parking for Pleasant Park ?
1.As of now in our design, there are only 3 manholes within the drive lanes of Pleasant Drive from CR 46 to 15th Street. The
remainder will all be located within the parking lane along the west side of the street. The 3 manholes proposed to be within drive
lanes are all located in the center of the southbound lane, which means they should be able to be avoided in the wheel path of a
standard vehicle.
2.Angled parking was analyzed for Pleasant Park as an opƟon but aŌer further evaluaƟon it was determined that the
approximately 20 parallel parking stalls that will remain along the west side of the road adjacent to the park can sufficiently serve
the parks needs. With 3 other entrances to Pleasant Park on residential streets to the north (Brittany Road), south (21st Street),
and west (Highland Drive), there is also available street parking in those areas. Also playing a factor in the final decision with this
analysis was that angled parking poses greater safety concerns when compared to parallel parking. With angled parking, vehicles
would need to back into approaching traffic and with the high volume of vehicles on Pleasant Drive this would not be considered a
safe maneuver.
1358 19th Street W
Jane Carlson
I am a senior citizen on a fxed income and semi disabled. I will need an application for
financial assistance.
Informed resident that the assistance forms/ applications will sent out the end of summer to the middle of fall. I explained details
of what the finacial assistance is. I let her know if she has any other questions she can call or email us.
1359 20th Street W
Sharon Smith What will it cost for a corner lot?, How do I apply for assistance
1.As a corner lot with your “long side” frontage along Pleasant Drive, with our corner lot policy your proposed assessment is only
25% of the per lot assessment rate. This means that your proposed assessment is $1,912.50.
2.InformaƟon on applying for assistance for assessment abatement will be sent out with your final assessment packet later this
summer or early fall. That packet will outline how to apply through the Dakota County Community Development Block Grant
(CDBG) program. Your application will then be reviewed by Dakota County Staff who determine eligibility based on the income
data and other information provided.
IX-01(a,b)
Public Outreach Feedback
2023-1 Neighborhood Infrastructure Improvements
Address/Name Resident Questions/Comments/Concerns City Staff Response
1961 Brittany Road
Ken Trembath
Asked being Brittany will be done in 2024 is my assessment for Pleasant portion be
25% and Brittany at 100%. Asked who is responsible for irrigation and landscape.
Asked about the trail location along pleasant by his property.
I informed Ken he is correct since the long side of his lot is along pleasant he will be assessed at 25% this year, and 100% next year
for Brittany. I informed Ken that the residents will be responsible for irrigation and landscape, since they're a guest in the ROW. I
also informed him that he will have minimal impact on his landscape and irrigation, and the steps to take to prepare irrigation to
be capped, moved, and marked. Lastly I explained where the trail will be located along his property in relation to the existing
sidewalk and the back of curb. He was pleased with everything and the project. Also called 2/10/23 to let him know the trail may
not have a shift anymore.
1960 Brittany Road
Paul Caneff
I am a senior citizen on a fxed income and semi disabled. I will need an application for
financial assistance.
Informed resident that the assistance forms/ applications will sent out the end of summer to the middle of fall. I explained details
of what the finacial assistance is. I let her know if she has any other questions she can call or email us. We also talked about
removing trees near his propoerty and have a follow up meeting with TJ.
Feedback acquired from 25 of 72 Assessed Housesholds (35%)
IX-01(a,b)
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: March 2, 2023
Item: Accept Proposal and Authorize Work – Hastings Hydro Facility Preventative Maintenance
Program Development
Council Action Requested:
The Council is requested to authorize Public Works to enter into a contract with L&S Electric Inc. for the
purposes of developing a preventative maintenance program for the Hastings Hydro Facility.
Background Information:
The Hastings Hydro Plant is a major asset for the City of Hastings and we believe it is the time for a
comprehensive study on this aging facility. The complexities, regulation, and contract commitments
need to be reviewed and analyzed to determine a full cost/benefit understanding of the entire works.
This base line will allow the City to make more informed, data-based decisions regarding the Hydro Plant
in the future. The study is anticipated to be completed by May 2023, therefore the information would
be available for 2024 Budget planning efforts. L&S has a long history of work completed onsite and is
ideally positioned to expedite the development of a preventative maintenance program. Furthermore,
L&S is teaming with Barr Engineering to include their expertise in the hydroelectric field to complete the
study.
Financial Impact:
The estimated cost for this proposal is $46,790 and we had $100,000 approved in the 2023 Budget for
this work. The additional budget may be used to add scope or run additional iterations to be determined
once the initial program is developed.
Attachments:
L&S Proposal for the Hastings Hydro Facility Preventative Maintenance Program Development
X-A-01
Motor Repair • Electrical Equipment Sales • Mechanical & Electrical Field Service • Engineered Systems
To: City of Hastings Public Works
1225 Progress Drive Hastings, MN 55033
Quote No: 12622-4DJ rev 1
Terms: Net 30 Delivery: 3-4 weeks
Freight: Prepaid & Add
Attn: Ryan Stempski rstempski@hastingsmn.gov Cust No: 1084201 Subject:
Hastings Hydro Facility Preventative Maintenance Program Development
Prices: Firm For 60 days
Date: January 11, 2023
Quote Summary:
L&S Electric and Barr Engineering are proposing the development of a preventative maintenance program for the City of Hastings’ hydroelectric facility. We propose utilizing the Reliability Centered
Maintenance (RCM) methodology to develop the preventative maintenance program. This methodology focuses on preserving the core functions of a system based upon the values imparted by the owner of the system. With our history of the work completed onsite and Barr engineering’s
expertise we plan to leverage this and plan to expedite the RCM process and use the RCM process to justify the costs and development of a preventative maintenance program to encompass all the equipment onsite.
The RCM process consists of the following four elements:
1. Identifying system boundary and functions
2. Identifying specific failure modes that could potentially produce unwanted functional failures
3. Prioritizing the importance of failure modes
4. Identifying applicable and effective preventive maintenance tasks for the high-priority
failure modes
The first element identifies the system boundary and functions. Identification of the system boundary includes listing the equipment that will be covered in this program and identifying the functions of the entire system collectively as well as the individual system components. The following data are needed to complete the first element of this process: Equipment list
OEM manuals-maintenance recommendations
Engineering drawings or specifications
Electrical single-line drawings
L&S Electric Inc.
10200 Durand Avenue Sturtevant, WI 53177 U.S. Watts: 800-367-7676 Phone: 262-886-1875 Ext: 3724
Fax: 262-886-9202 Web: www.lselectric.com
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Motor Repair • Electrical Equipment Sales • Mechanical & Electrical Field Service • Engineered Systems
Inspection reports
Barr will use the above data and information we have collected during our completed work onsite to develop system and equipment functions and a functional block flow diagram.
The second and third elements identify the specific failure modes that could hinder the system and equipment functions. Barr will perform a Failure Mode and Effects Analysis (FMEA) to identify the failure modes that could defeat the functions. We will also perform an initial prioritization of the functions and
failure modes. The FMEA and the prioritization will be presented in chart form in a spreadsheet. We will review this spreadsheet and add observations and comments based on previous experience. We anticipate that this step may take several iterations. After the iterations between L&S and Barr are complete on this step, we will present the spreadsheet to COH for its review and comment. The fourth element is the identification of preventative maintenance activities to address the high- priority failure modes. Barr proposes to select the applicable and effective preventative maintenance tasks initially based on current practice and our initial cost estimates. This data will also be entered into the FMEA spreadsheet. We will review the new data and add additional tasks and comments based upon our expertise in these area. We anticipate that this step may take several iterations. After the iterations between L&S and Barr are complete on this step, we will present the spreadsheet to COH for its review
and comment. When all the reviews among L&S, Barr, and COH are complete, We will document the preventative
maintenance program in a final report to be submitted to the COH. Assumptions
L&S and Barr makes the following assumptions concerning this project: Since most of the data required to complete the first element of this process has been collected by us and made available to Barr, we will not include any site visits to COH in our proposal. If a site visit is determined to be needed, the additional time and expenses will be charged at Barr’s standard rates.
There will be a maximum of two iterations among Barr, L&S, and COH during the FMEA and second and third elements of this proposal. Additional time to complete more iterations will be charged at Barr’s standard rates.
There will be a maximum of two iterations among Barr, L&S, and COH during the fourth element of this proposal. Additional time to compete more iterations will be charged at Barr’s standard rates.
The scope of the equipment included in this project are the horizontal hydroelectric turbines and generators as well as the auxiliary support equipment for these units.
L&S proposes to begin this project in the first quarter of 2023 as suggested by the COH after we receive a notice to proceed. L&S proposes to complete the tasks on a time-and-materials basis. The estimated costs for the above scope on this project of $46,790.00 will not be exceeded without your prior written
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L & S ELECTRIC, INC. | Rev. 9.28.2022 Page 3 of 3
Schedule and Budget:
L&S proposes to begin this project in the first quarter of 2023 as suggested by the COH after we receive a
notice to proceed. L&S proposes to complete the tasks on a time-and-materials basis. The estimated costs for the above scope on this project of $46,790.00 will not be exceeded without your prior written permission.
Thank you for the opportunity to quote your requirements. If you should have any questions or need any additional information, please feel free to contact me. Sincerely, Doug Junion | General Manager | Sturtevant Operations & Onsite Services | L&S Electric Inc
1.800.367.7676 | Cell 262.770.1811 | Ofc 715.241.3724 | Fax 715.241.3725 djunion@lselectric.com | www.lselectric.com
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L & S ELECTRIC, INC. | Rev. 9.28.2022 Page 4 of 3
Standard Terms and Conditions of L & S Electric, Inc. – 2022
1. Agreement of Sale. Unless a separate contract is executed by both parties, which shall govern this order, the following shall apply :
a. In consideration hereof, “Buyer” seeks to purchase from L & S Electric, Inc. (the “Seller”) the product, part, equipment, accessories, or material (“Goods”)
and/or scope of work (“Services”) described in the applicable quotation of Seller (“Quote”) and Seller seeks to provide such to Buyer.
b. Any of the terms and provisions of Buyer's order (“Purchase Order”) which are additional or different with the terms and provisions hereof, shall not be
binding on the Seller and shall not be considered applicable to the sale or shipment of Goods and/or performance of Services hereunder. Buyer shall be
bound by these Terms and Conditions (“Terms”) upon: (i) issuing a purchase order; (ii) Seller begins to order materials or begins Services; (iii) Seller ships
Goods to Buyer, and/or (iv) Buyer accepts delivery of Goods and/or allows Services, whichever occurs first.
c. This writing is intended by the Seller and Buyer as a final and exclusive expression of this agreement and no course of dealing or usage of trade or course
of performance shall be relevant to explain or supplement any term expressed in these Terms. No waiver or modification of any of the Terms shall be valid
unless it is made in writing and signed by both parties. The failure of the Seller to enforce any right possessed under the Terms shall not constitute a
waiver thereof or establish a custom.
d. In the event of conflict between contract documents and for scope of work clarity, the order or precedent shall be: (i) any duly executed Change Orders,
(ii) the Quote, (iii) these Terms and Conditions, (iv) the Purchase Order (excluding all terms and conditions thereof), and (v) Buyer’s drawings, designs and
specifications.
2. Prices and Term of Payment. Except as may be set forth in the Quote or other mutually agreed contract document, standard terms of payment are cash in full
within thirty (30) days of invoice date. All orders are subject to the approval of the Seller's Credit Department and the Seller may require full or partial payment in
advance, prorated or milestone payments shall become due as shipments or other deliverables are made or as set in the Quote. If Buyer fails to comply with
terms of payment, or otherwise materially breaches, Seller reserves the right to cancel the unfilled portion of any contractor order, but Buyer shall remain liable for
all unpaid accounts and for any other damages due Seller as a result of Buyer's breach of these Terms. To the extent allowed under law, Seller may charge the
maximum lawful interest rate on past due amounts. Any expenses associated with collections on past due invoices shall be paid by Buyer. Buyer is responsible
for all sales, use, occupation, excise or similar tax which Seller invoices as a separate line item, unless a valid tax exemption certificate, acceptable to the
appropriate taxing authorities, is provided at time of order.
a. Goods: Prices listed in the Quote are estimates. Seller reserves the right to modify prices based on supplier cost changes. Prices are not firm until
confirmed by the suppliers at time of shipment.
b. Services: Prices shall be based on the applicable time and material (“T&M”) rate sheet or lump sum total figure in the Quote.
3. Delivery of Goods and Freight. Delivery shall be made via Seller’s truck when at all possible, with the risk of loss on Seller until time of delivery. In the case
that the Buyer is either out of Seller’s delivery territory or Buyer requires the material prior to Seller’s delivery date, material will be shipped via the best common
carrier, f.o.b. manufacturer’s facility, where the risk of loss, delay, and damage in transit is on Buyer. Seller will take commercially reasonable efforts to comply
with delivery times. However, Seller may be reliant on suppliers for deliverables which may limit Seller’s ability to meet requested specific delivery times.
Accordingly, Seller disclaims “time is of the essence”, or other definitive delivery date/time commitments and will make deliveries as and when Seller is
commercially able. Seller will communicate anticipated delivery timing as it becomes available. Any penalty clause or a liquidated damage provision for failure to
meet shipment are not acceptable unless specifically approved in writing by an officer of the Seller and included in the Quote.
4. Changes. Seller shall have the right, with the prior approval of Buyer, to make changes in the Goods and to substitute equivalent Goods where such changes or
substitutions are deemed necessary by Seller to prevent delays in manufacture or delivery or to improve the performance, producibility, stability, control, utility,
maintenance or appearance of the Goods provided that such changes or substitutions shall not adversely affect the price, time of delivery, or performance of the
equipment nor significantly affect its design, weight or balance. The cost of such changes shall be borne by Seller. Either party shall have the right to propose
changes in the Goods or the Services to the other party prior to delivery provided that no such change shall be binding on either party until incorporated into a
Change Order to this effect, executed by an authorized representative.
5. Held Orders. For any order held, suspended, delayed or rescheduled at the request of the Buyer, Seller may, at its sole option:
a. For Goods: (i) require full or partial payment, based on a prorated portion of the contract price plus any additional expenses and costs resulting from such
a delay, (ii) pass through increases in prices of Goods when suspension or hold is lifted, and/or (ii) store the Goods at the sole cost and risk of loss of the
Buyer. Payment for such price, expenses and costs, in any such event, shall be due by Buyer within thirty (30) days from date of Seller’s invoice. Any order
so held delayed or rescheduled beyond six (6) months will be treated as a Buyer termination. In the event of nonpayment or abandoned Goods, Seller may
dispose of any stored Goods for which payment has not been received without any liability to Buyer. Buyer shall still owe for such storage fees and the
contract price.
b. For Services: (i) charge for full or partial payment, based on a prorated portion of the contract price plus any additional expenses and costs resulting from
the delay, including but not limited to demobilization, remobilization, hotel accommodations, travel expenses, subcontract labor cost increases, equipment
rental charges, and/or (ii) extend the project schedule for additional time to perform.
6. Titles. The title to and right of possession of the Goods (or any part or portion thereof) furnished by the Seller shall remain in the Seller and the Goods shall
remain personal property until paid for in full, and the Buyer shall do all acts necessary to perfect and maintain such right and title in the Seller.
7. Warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY SHALL BE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER
STATUTORY, EXPRESS, VERBAL OR IMPLIED (WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES ARISING FROM
COURSE OF DEALING OR PERFORMANCE OR USAGE OF TRADE ARE HEREBY WAIVED).
a. Goods. Seller shall assign, to the extent able, any warranty of the Goods. For that Warrant Period, the Goods shall: (i) strictly conform to the description
and specifications in the Quote; (ii) are free from defects in workmanship, materials and design, to the extent designed by Seller; and
(iii) be new, unless mutually agreed otherwise. Continued use or possession of the Goods after the expiration of the Warranty Period shall be conclusive
evidence that the warranty is fulfilled to the full satisfaction of the Buyer, who agrees thereafter to make no further claim on the Seller.
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L & S ELECTRIC, INC. | Rev. 9.28.2022 Page 5 of 3
• Non-excitation Goods: Unless the Quote states differently, the standard Warranty Period shall be one (1) year from the shipment of the
Goods.
• Excitation Goods: The Warranty Period for excitation products shall be effective for a period of two (2) years. The applicable Warranty Period
shall begin after signing of the Certificate of Commercial Operation (“COCO”) or 90 days after equipment delivery, whichever is first.
• Remedies: If a defect occurs during the Warranty Period, Buyer shall provide prompt written notice to Seller and as the sole and exclusive
remedy, Seller shall repair or replace the Goods, f.o.b Seller’s factory, unless such defect was caused by an act of Buyer, including but not
limited to: misuse; improper storage, maintenance, installation; unauthorized modification; or incorporation into other equipment not provided
by Seller. All labor-related costs including, but not limited to: of disassembly, in-and-out charges, and transportation shall be borne by Buyer.
The warranty provides for the supply of replacement hardware due to failure of components during intended operation. Labor required to
replace hardware due to warranty claims shall be the responsibility of the Buyer. Costs associated with materials being damaged due to
improper field installation, where installations were not performed by Seller, shall not be the responsibility of Seller.
• Return of Goods. No Goods shall be returned to the Seller without written authorization and shipping instructions first having been obtained
from the Seller under a warranty claim or due to non-conforming goods. In event of non-conforming Goods, Buyer must provide written notice
to Seller within seven (7) days of delivery, and to the extent applicable, Seller shall pass through the remedies of the original equipment
manufacturer.
b. Services. Unless the Quote states differently, if Services are provided by Seller, Buyer shall, at the time of the completed Services review the work. If Buyer
feels that the Services do not conform to the specifications and description in the Quote, Buyer must provide written notice to Seller to allow Seller to cure
by repairing, reperforming, correcting, or replacing work that fails to conform to these warranties, including without limitation the removal of any non-
conforming Services. Any Services not rejected within three (3) business days after completion shall be deemed accepted.
8. Force Majeure. The Seller will not be considered to be in default or in breach of its obligations for any delay or failure in performance under these Terms
resulting from circumstances reasonably beyond the control of Seller, including but not limited to: any act of God, weather delays or nature, act of civil or
military authority, embargo, public enemy, or other governmental act, regulation or request, fire, flood, epidemic, pandemic, casualties or accident, strike,
slowdown or other labor difficulty, industry wide supply chain delays, delays in transportation and shortage of cars, fuel, power, labor or materials, war, riot or
any other delay beyond Seller’s control that affects its ability to perform hereunder. In the event of such delay, the date of delivery and/or performance will be
extended for a period equal to the time lost because of the delay. No term or condition of any Purchase Order will modify or nullify this provision. Seller shall
provide written notice to Buyer within a reasonable time of the event giving rise to the claim. Seller shall exercise commercially reasonable efforts to mitigate
and communicate with Buyer.
9. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY UNDER THESE TERMS, WHETHER DUE TO BREACH OF CONTRACT,
TORT, NEGLIGENCE, WARRANTY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHETHER OR NOT
SUCH LOSS OR DAMAGE IS CAUSED BY THE FAULT OR NEGLIGENCE OF SUCH PARTY, ITS EMPLOYEES, AGENTS OR SUBCONTRACTORS, INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, LOSS OF USE OF EQUIPMENT OR FACILITIES, COST OF PURCHASED OR REPLACEMENT POWER
OR CLAIMS OF CUSTOMERS DUE TO LOSS OF SERVICE, OR LOSS OF ANTICIPATED BUSINESS SUFFERED OR INCURRED BY THE OTHER PARTY.
10. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN OR ELSEWHERE, WHERE SELLER’S LIABILITY HAS NOT OTHERWISE
BEEN LIMITED AND TO THE EXTENT ALLOWED UNDER THE LAW, SELLER’S TOTAL AGGREGATE LIABILITY TO THE OTHER PARTY, OR ANY INDIVIDUAL OR ENTITY
CLAIMING THROUGH SUCH PARTY, FOR ANY CLAIM OF ANY KIND, REGARDLESS OF THE FORM OF ACTION, INCLUDING BUT NOT LIMITED TO NEGLIGENCE,
ESTOPPEL, COMMON LAW, TORT, CONTRACT, OR STRICT LIABILITY, IN EQUITY, OR ANY OTHER THEORY, ARISING OUT OF, RESULTING FROM OR RELATING
TO THESE TERMS, INCLUDING ANY MAINTENANCE ORDERS, SHALL NOT EXCEED THE SUM OF THE FEES ACTUALLY PAID BY THE BUYER TO SELLER UNDER
THE APPLICABLE PURCHASE ORDER GIVING RISE TO THE CLAIM.
11. Mutual Indemnification. Each party (“Indemnifying Party”) shall indemnify, defend and hold harmless the other party, its officers, agents, subcontractors,
(“Indemnified Parties”) from any and all third-party claims, losses, expenses, costs, or damage of any kind allowed under these Terms, including reasonable
outside attorneys' fees, (“Claims”), which are caused by the sole and exclusive fault of the Indemnifying Party or by another for which it is responsible. Buyer
shall indemnify Seller as to any claims, losses, expenses, costs, or damage of any kind allowed under these Terms related to or resulting from Buyer’s drawings,
specifications, designs, uses of Goods provided hereunder, and any patent or intellectual property infringement arising therefrom.
12. Termination. Either Party may terminate these Terms or the Purchase Order, in whole or in part, for cause as of the date specified in a termination notice if
the other Party: (a) files for bankruptcy; (b) breaches any other material obligation under these Terms and fails to take action to cure any such breach within
ten (10) calendar days after receipt of written notification of any such breach. Either Party may terminate these Terms or the Purchase Order for convenience,
in whole or in part, at any time by giving the other party at least thirty (30) days prior written notice of the termination date. In event of termination, Buyer shall
make payment to the Seller for all work performed and in progress prior to the date of termination as a prorated portion of the contract price, plus
reasonable wrap-up costs, including cancellation fees and restocking charges.
13. Confidential Information. “Confidential Information” means all information whether of a technical, business, financial or other nature (including, without
limitation, trade secrets, know-how and information relating to the technology, customers, business plan, copyrights, trademarks, patents, promotional and
marketing activities, finances and other business affairs) that is or may be disclosed or imparted by one party (“Disclosing Party”) to
the other (“Receiving Party”), whether or not marked “confidential”, including both the existence and content of discussions between the parties with respect to a potential or actual business transaction or relationship as well as these Terms. Confidential Information may be in any written format, including an email and
electronic media, or orally. The Receiving Party shall protect the Confidential Information of the Disclosing Party to the extent it would protect its own confidential information, but in no event not less than a commercially reasonable standard of care. This provision shall not apply to any information which is (i) now or becomes generally available to the public in the future, other than through acts or omissions of the Receiving Party or its Representatives in violation of these Terms, (ii)
lawfully obtained by the Receiving Party from sources independent of Disclosing Party without receiving Party’s knowledge of the information being governed by a
confidentiality agreement or obtained under a legal or fiduciary obligation, or (iii) independently developed by the Receiving Party or the Receiving Party’s Representatives without reference to the Confidential Information of the Disclosing Party. The fact that information included in the Confidential Information is or becomes otherwise available to the Receiving Party or its Representatives under clauses (i) through (iii) above shall not relieve the Receiving Party or its
Representatives of the prohibitions of the confidentiality provisions of these Terms respect to the balance of the Confidential Information. If disclosure is requested under law, immediate written notice shall be provided to the Disclosing Party to allow time to seek an injunction or other protective measures, should they desire.
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Motor Repair • Electrical Equipment Sales • Mechanical & Electrical Field Service • Engineered Systems
14. Buyer Provided Documentation. Buyer is to provide all necessary project related information prior to the project award per the Quote consistent with the
mutually agreed upon schedule. Buyer is to verify the accuracy of the provided information prior to submitting it to Seller. Any discrepancies between
the Buyer-supplied documentation and/or variations in actual site conditions from those indicated in the Buyer-supplied documentation as discovered
during the project phase, may result in additional charges applicable via duly executed change order(s). If the Buyer supplied drawings are not verified by
Seller, any design and/or drawing updates associated with said are done at the Buyer’s risk, Seller shall not be responsible for any discrepancies. Seller is
available to provide services on a time and materials (“T&M”) basis to help verify and update the documentation. Buyer shall indemnify Seller as to any
losses related to or resulting from Buyer’s drawings, specifications, designs, product uses, and any patent or intellectual property infringement arising
therefrom.
15. Buyer Project Support. Buyer is to provide knowledgeable operations, electrical and mechanical personnel familiar with site conditions to assist Seller’s
personnel during data collection site visits and project commissioning as stated in the Quote. Additional charges may result if the appropriate Buyer
personnel are not available. System delays/waiting time and or weather delays, not due to Seller’s equipment, should be reasonable and may result in
additional charges.
16. Intellectual Property. All Confidential Information, proprietary knowledge, trade secrets, business knowhow, copyrights, and other intellectual property
rights owned by a party prior to this Purchase Order or created outside of this Purchase Order, shall be held and solely owned by that party (“Background
Intellectual Property”). Either party may use the Background Intellectual Property of the other party only to the extent required to perform hereunder.
To the extent that Background Intellectual Property is necessary to reap the benefits of this agreement, a party shall give the other party a worldwide,
non-exclusive, fully paid, perpetual, non-transferable license as to the necessary Background Intellectual Property for the sole and limited purpose that
the party can use the Goods as contemplated hereunder. Upon final and full payment of the purchase price, Seller hereby assigns to Buyer, to the
extent able, licenses to the embedded software in the Goods, which are owned by a third party and licensed to Seller in connection with the Goods,
subject to all end user licensing agreements of the third party.
a. PLC Programming Source Code. To the extent applicable, Seller clarifies that the PLC programing source code of the governor and/or excitation
control systems (“Software”) is noncommercial software that has been developed by Seller at private expense and shall not be deemed to have been
produced under work produced for the equipment included in this quotation and is Seller’s Background Intellectual Property. The Software,
including modifications of the Software, is restricted Software, developed at private expense and is trade secret, which is confidential, privileged and
proprietary to Seller as Seller’s Background Intellectual Property. Software is being provided under restricted rights licenses. The Software delivered
under these Terms may not be used, reproduced, or disclosed by Buyer except as follows. The Software may only be:
• Used or copied for use with the governor and/or excitation control system for which it was acquired;
• Used or copied for use with a backup processor if the processor on which it was installed is inoperative;
• Reproduced for safekeeping (archives) or backup purposes;
• Modified, adapted, or combined with other processor software, provided that the modified, adapted, or combined portions of the
derivative Software incorporating any of the delivered, processor Software shall be subject to same restrictions set forth in these Terms;
• Disclosed to and reproduced for use by support service contractors or their subcontractors, subject to the same restrictions set forth in
these Terms (except that this limitation will not apply if Seller no longer supports such Software); and
• Used or copied for use with a replacement processor.
b. Third Party software. Notwithstanding any other provision in these Terms or any Purchase Order, the Buyer shall have only restricted rights in the
Software required to be delivered or otherwise provided to the Buyer under these Terms. Ownership of all other software, which is not Seller’s
Background Intellectual Property and owned by another third party, which Seller is required to be delivered or otherwise provided to the Buyer under
these Terms, will reside with the applicable third party, upon Buyer agreeing to the end user licensing agreement of the third-party software provider.
17. Successors and Assigns. These Terms shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties. Either party
may assign with the written permission of the other party, which may be withheld for any reason.
Governing Law. All Purchase Orders shall be governed by and construed according to the laws of the State of Wisconsin
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: March 6, 2023
Item: Ordinance Amendment - Annexation - Best Development (TH 316 & Michael
Avenue)
Council Action Requested
Take the following action related to annexation of a +/-71-acre parcel owned by Best
Development Company located east of TH 316 and Michael Avenue:
1) Remove from the table consideration of the ordinance amendment for annexation.
2) Adopt the ordinance amendment for annexation
The developer submits the annexation application in anticipation of future City Council
approvals to generally allow for the number and types of residential unit within the
conceptual plan. While no official approvals pertaining to residential construction are
included in this application, the Council should be cautious in approving action on the
annexation if it believes future land use changes to accommodate the concept plan are in
question.
Both actions require a simple majority of Council.
BACKGROUND
Annexation
Annexation involves the extension of the City of Hastings corporate limits and is
regulated by Minnesota State Statutes Section 414.033. A city may annex abutting
unincorporated (township) property by ordinance upon petition of the property owner and
a public hearing.
History
An application to annex the property was submitted by the previous developer
Summergate in November 2021 to subdivide the property into 160 single family lots.
The City Council held a public hearing and reviewed the request on January 18, 2022 and
tabled the request on February 7, 2022 until an agreement could be reached for sale of the
property and a new concept plan submitted for development. In late 2022, an agreement
was reached with Land Equity Development for sale of the property and development of
a mixed residential life-cycle community consisting of approximately 450 housing units.
X-C-01(a,b)
Public Hearing Comments – January 18, 2022
During the public hearing questions related to installation of privacy fences for existing
neighbors, displacement of wildlife, roundabout impact, noise, and traffic was received.
Please see the attached meeting minutes for further information.
Neighborhood Meeting – January 26, 2023
Land Equity held a neighborhood meeting on January 26, 2023. The City provided a
mailing list to all property owners within 350 feet of the property. Approximately 15-20
people attended the meeting. Neighbors shared concerns about the number and location
of rental units, project phasing, public vs private amenities, effect on TH 316 traffic, and
effect on South Pines Park
Planning Committee of City Council Review – January 30, 2023
The Planning Committee of City Council (Chair Fox, Folch, and Leifeld) reviewed the
proposal at its January 30, 2023 meeting. Committee Members generally supported the
plan and discussed the following:
• Site access at Highway 316 and Michael; want to ensure problems are not created that
were recently solved with the reconstruction further north.
• Mitigate noise from TH 316 through use of berming or buffering.
• Role of the association in maintenance; which areas and items will the association
maintain.
• Ensure there is adequate parking for guests in the twin and townhome areas.
• Developer seeks to sell land within Sand Coulee to DNR; no development to take place
within it.
• Proposed rental rates are high; is there a market in Hastings?
• Future park needs will need further review.
Planning Commission Review – February 27, 2023
The Planning Commission reviewed the conceptual plan on February 27, 2023.
Commissioners discussed public versus private facilities, park amenities, mixture of
housing types, examples of similar developments in neighboring communities, traffic and
parking, snow removal, impact on TH 316 traffic, and market for the development. No
recommendation was requested from the Commission.
Neighborhood Notification
Notification of the Planning Commission review and City Council consideration of the
annexation was mailed to all owners within 350 feet of the property. Comments received
are attached to this report
Subject Property
The majority of the property is agricultural. The eastern 17 acres contains wooded slopes
and is part of the Sand Coulee and is not planned for development. The property is
guided for Low Density residential development within the 2040 Comprehensive Plan
and is designated for municipal service extension (City Sewer and Water) within the
planned Metropolitan Urban Service Area (MUSA) Plan. The Comprehensive Plan
would need to be amended to change the land use designation from Low Density to
Medium Density to accommodate the proposed development plan.
The following abuts the site
X-C-01(a,b)
Use Zoning Comp Plan
North Single Family Residential
South Pines Development
R-1 - Low Density
Residence
Low Density
Residential
East Marshan Township
Sand Coulee and Rural
Residential
Marshan Township
South Marshan Township
Rural Wooded Land
Marshan Township
West TH 316 - Redwing Blvd
South Pines Development
Hope Lutheran Church
R-1 - Low Density
Residence
Marshan Township
Low Density
Residential &
Institutional
Proposed Improvement
Land Equity proposes the development of Walden at Hastings a life-style residential
development of mixed densities including single family, twin home, townhome, and
apartments. Concept Plans indicate the development of over 450 housing units. The
developer has indicated that many (if not all) of the units are planned to be rented,
however market conditions could change the amount that is eventually rented. Rentals
would be managed professionally to maintain a cohesive and well-maintained
neighborhood.
Environmental Assessment Worksheet (EAW)
The number of residential units triggers completion of an EAW to determine
environmental impacts and whether a more encompassing Environmental Impact
Statement (EIS) should be completed. The applicant will prepare the initial EAW draft
for City review.
The EAW form consists of 20 questions that provide the information needed to determine
if the project will have significant environmental impacts. In addition to the legal purpose
of the EAW in determining the need for an EIS, the EAW also provides permit
information, informs the public about the project, and helps identify ways to protect the
environment. The EAW is not meant to approve or deny a project, but instead act as a
source of information to guide other approvals and permitting decisions.
Traffic Study
The developer has committed to completion of an independent traffic study to determine
the impacts of the proposed development prior to future land use approvals.
Land Use Approvals
Development of Walden at Hastings will include a number of land use actions by the
Planning Commission, Parks and Recreation Commission, and City Council. Most land
use approvals would also include a public hearing mailed to all property owners within
350 feet of the development. In general approvals would include:
• Annexation of Property
• Review of the EAW
• Comprehensive Plan Amendment, Rezoning, and Development Plan
• Preliminary Plat of entire property
X-C-01(a,b)
• Final Plat and Site Plan for individual components
Initial Review Comments
The Development Review Committee (staff committee consisting of Planning,
Engineering, Building, Fire, and Parks) reviewed the concept on December 6, 2022.
Please see the attached review letter for further information.
Staff Analysis
• Site Design - Land Equity has employed the services of the Rick Harrison Design
Studio to master plan the development. Harrison has designed countless
subdivisions throughout the US and is a pioneer in innovative design methods to
provide greater development connectivity, efficiency, and value.
• Comprehensive Plan Amendment. The 2040 Comp Plan would need to be
amended from Low Density Residential to Medium Density Residential to
accommodate development. Does the proposed increase in housing density meet
the needs of Hastings?
• Need for Affordable Housing and Townhome Options. Many of the newly
constructed single family detached homes in Hastings are not affordable to
Hastings residents. It has been over 15 years since a new attached townhome
development has been constructed.
• Rental Housing. Developer proposes most housing units to be rented instead
owner occupied. This is a new concept for Hastings. The Council and public will
likely have questions pertaining to the valuation of the project, effect on
neighboring property owners, overall maintenance, and potential for individual
home ownership in the future.
• Market for Development and Phasing of Construction. What is the market for
this many development units and how will project be phased?
• Existing Abutting Development. The proposal abuts the existing single-family
neighborhood of South Pines. How does the development impact existing
development?
Attachments:
• Ordinance for Annexation
• Location Map
• Concept Plan
• Comments Received
• Minutes – January 18, 2022 City Council – Public Hearing Comments
• Development Review Committee Letter
X-C-01(a,b)
CITY OF HASTINGS, MINNESOTA
ORDINANCE NO. 2023-___
AN ORDINANCE OF THE CITY OF HASTINGS EXTENDING
ITS CORPORATE LIMITS TO INCLUDE CERTAIN LAND ABUTTING
THE CITY WHICH IS OWNED BY BEST DEVELOPMENT COMPANY
LLC
PREAMBLE
WHEREAS, the City of Hastings has received a petition from Best Development
Company, LLC (“Petitioners”) seeking annexation of land to the City of Hastings, and;
WHEREAS, the Petitioners have represented to the City of Hastings that they are the
sole owners of property generally located north and east of TH 316 and
Michael Avenue, and identified as PID 25-00200-51-012 and 25-01100-27-012. The
property is legally described as follows:
That part of the South Half of the Southwest Quarter of Section 2, Township 114, Range
17, Dakota County, Minnesota lying north and east of CSAH #316, except that Parcel 16
MN DOT ROW Plat 19-138.
AND
That part of the west 100 acres of the Northwest Quarter of Section 11, Township 114,
Range 17, Dakota County, Minnesota lying north and east of CSAH #316, except that
Parcel 16 MN DOT ROW Plat 19-138.
WHEREAS, the property is unincorporated; it abuts the limits of the City of Hastings;
is not included within any other municipality; is not included in any area that has
already been designated for orderly annexation pursuant to Minn. Stat. 414.0325; and is
approximately 71.0 acres in size, and;
WHEREAS, the City of Hastings held a public hearing pursuant to Minnesota Statutes
414.033, Subd. 2b, on January 18, 2022, and February 7, 2022, following thirty (30) days
written notice by certified mail to the Town of Marshan (“Township”) and to all
landowners within and contiguous to the area legally described herein to be annexed, and;
WHEREAS, provisions of Minnesota Statutes 414.033, Subd. 13 are not applicable in
that there will be no change in the electric utility service provider resulting from the
annexation of the territory to the municipality.
X-C-01(a,b)
ENACTMENT
Section 1. The City Council hereby determines and finds that the property
described above abuts the City of Hastings; that the area to be annexed is 120 acres or
less, that the property is not included in any area that has already been designated for
orderly annexation pursuant Minn. Stat. 414.0325; that the City of Hastings received a
properly prepared Petition for Annexation signed by all of the owners of the property;
and that the Petition for Annexation complies with all of the provisions of Minn. Stat.
414.033.
Section 2. The property is urban or suburban in character and is in need of City
services which can be provided by the City of Hastings.
Section 3. The corporate limits of the City of Hastings are hereby extended to
include the property described above and that same property is hereby annexed to and
included within the City of Hastings as if the property had originally been a part of the
City.
Section 4. The City Clerk is directed to file a certified copy of this Ordinance
with the Minnesota Office of Administrative Hearings; Marshan Township; Dakota
County and the Minnesota Secretary of State.
Section 5. Property taxes payable on the annexed land shall be paid to Marshan
Township for year 2023, the year in which the annexation becomes effective, in
accordance with Minn. Stat. 414.033, Subd. 12.
Section 6. The City of Hastings, pursuant to Minn. Stat. 414.036, shall provide
reimbursement to Marshan Township to compensate the Township for loss of taxable
property in the amount of eight hundred ninety dollars and forty-six cents ($890.46)
payable in two annual payments: (1) on January 2, 2024 in the amount of $445.23; and
(2) on January 2, 2025 in the amount of $445.23.
Section 7. Pursuant to Minn. Stat. 414.036 with respect to any special assessments
assigned by Marshan Township to the annexed property and any portion of debt incurred
by the Township prior to the annexation and attributable to the property to be annexed,
there are no special assessments or debt incurred by the Township on the subject area for
which reimbursement is required.
Section 8. This Ordinance shall become effective upon its passage, seven days after
its publication, the filing of the certified copies as directed in Section 4 and upon approval
of this Ordinance by the Minnesota Office of Administrative Hearings.
Adopted by the Hastings City Council on March 6, 2023, by the following vote:
X-C-01(a,b)
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary D. Fasbender, Mayor
________________________________
Kelly Murtaugh, City Clerk
(City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of ordinance
presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on
the 6th day of January 2023 as disclosed by the records of the City of Hastings on
file and of record in the office.
________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
X-C-01(a,b)
LOCATION MAP
X-C-01(a,b)
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Best Property Annexation– Walden at Hastings
Comments from Neighbors
City Council Meeting – March 6, 2023
Betsy Winter – February 27, 2023
Hello,
I’m inquiring about the Walden of Hastings housing development being looked at for construction of
450 rentals on 316 and Michael Ave. Can you tell me if this will be section 8 housing with this
development. Also, how would these residents get in and out of this development only using Michael
Ave and 316?
Thank you in advance.
Betsy Winter
Resident of South Pines II
Steven and Tammy Engstrom – February 5, 2023
See attached letter
X-C-01(a,b)
X-C-01(a,b)
X-C-01(a,b)
X-C-01(a,b)
X-C-01(a,b)
X-C-01(a,b)
December 6, 2022
RE: Development Review Committee Review - Concept Plan - Land Equity Concept
Plan - Best Property - TH 316
The Development Review Committee met today to review your concept plan for a mixed
use residential development. City Staff included:
John Hinzman Community Dev. Dir. 651-480-2378 jhinzman@hastingsmn.gov
Justin Fortney City Planner 651-480-2381 jfortney@hastingsmn.gov
Ryan Stempski PW Director\City Engineer 651-480-2368 rstempski@hastingsmn.gov
John Caven Assistant City Engineer 651-480-2369 jcaven@hastingsmn.gov
Travis Dunn Building Official 651-480-2375 tdunn@hastingsmn.gov
Al Storlie Fire Marshall 651-480-6155 astorlie@hastingsmn.gov
Jamie Stevens Fire Inspector 651-480-6158 jstevens@hastingsmn.gov.
Chris Jenkins Parks and Rec Director 651-480-6176 cjenkins@hastingsmn.gov
Below are items discussed at the meeting along with other preliminary comments:
1) Sequence of Land Use Approvals - The following path for land use approvals is
recommended.
a) Pre-Application
• Neighborhood Meeting
• Meeting with Planning Committee of City Council
b) 1st Round - Initial Review
• Annexation - Continuation of the existing tabled application.
• Environmental Assessment Worksheet - The number of housing triggers
completion of an EAW with review and submittal by the City or
Township.
• Comprehensive Plan Amendment - Change the Future Land Use from
Low Residential to Medium Residential
• Park Dedication - Meet with Parks and Recreation Commission to
determine method of park dedication which may include physical land
dedication, construction of facilities, or payment of cash in lieu of land.
c) Second Round - Approval of overall Site Development
• Rezoning - Rezone Property to R-3 Medium Residential
• Planned Residential Development - Hastings’ version of a PUD.
X-C-01(a,b)
• Preliminary and Final Plat - Prefer Preliminary Plat to encompass entire
site. Various phases can be separate Final Plat applications. See Plat
Handout
• Development Plan Approval (Optional) - Concept Plan approval for the
entire site that establishes certain parameters for future components
pertaining to uses, density, parking, landscaping, architecture, phasing
plan, etc. Future Plat and Site Plan components are compared against the
Development Plan to more efficient approvals.
d) Third Round - Individual Components
• Site Plan - All buildings over three attached units require Site Plan
approval. See Site Plan Handout
• Variance - Variance necessary for any cul-de-sacs exceeding 500 feet.
• Shoreland Management Permits (if applicable)
2) City Code - Please find the following links to the City Code:
a) Chapter 152 - Stormwater Management - Link to proposed ordinance
update
b) Chapter 153 - Shoreland Management
c) Chapter 154 - Subdivision Code
d) Chapter 155 - Zoning Code - which includes the following:
• 155.51 - Site Plan Procedure
• 155.52 - Architectural Standards
• 155.53 - Landscape Standards
• 155.53.5 - Exterior Lighting
3) Shoreland Management Regulations - The Sand Coulee Flowage traverses the
eastern end of the site. Development activities within 300 feet of the Flowage are
subject to Shoreland Management Rules of the City Code.
4) MN Dot Review - Plans have been sent to MN Dot to review potential roadway
accesses to TH 316 and any intersection improvements. Western entrance with
cut across may warrant further traffic analysis – movements in this area may be
dangerous in peak hour if vehicles are queueing. MNDOT approval required for
allowance of second entrance. Is spacing sufficient? Do turn lanes need to be
added?
5) Traffic Study - A traffic study will need to be completed as part of the EAW.
6) People Movement Plan - Mississippi River Regional Trail should continue along
TH 316 via connection from adjoining northern subdivision. Please see People
Movement Plan for further information.
7) Multiple Family Facilities - Please clarify the number of units in each building.
8) Senior Living Facilities - Please clarify whether buildings will be independent
living or dependent living facilities
X-C-01(a,b)
9) Parking for Apartments - Will apartment and senior living building incorporate
underground parking?
10) Overflow Parking for Townhomes - Narrow streets combined with shorter
distances between driveway entrances to the street will limit the availability for on
street parking for overflow events.
11) Electrical Vehicle Charging - Will the site include any EV charging facilities.
12) Rental - Proposal for most (or all) of the subdivision to be rented instead owner
occupied is a new concept for Hastings. The Council and public will likely have
questions pertaining to the valuation of the project, effect on neighboring property
owners, overall maintenance, and potential for individual home ownership in the
future.
13) Homes abutting North Property Line - Existing single family homeowners that
abut the north property line will scrutinize the type, value, and visibility of
proposed homes that will abut their backyards.
14) Private versus Public Facilities - Wanting to understand high level anticipated
long term maintenance split public versus private and what the association would
be taking care of. Items include
a) Ownership Split of Streets/Trails/Utilities/Ponds/Green Space (Such as
landscaped cul de sac areas)
b) How will landscaped center islands be protected/cleaned from snow
plowing and storage
15) Development Plans for Sand Coulee - Clarify any trail or public access to the
Sand Coulee area.
16) Sidewalk Meander - Proposed meandering sidewalk\trails along streets appear to
extend beyond the public ROW and may impact the parking of vehicles within
driveways. Further information is needed to ensure maintenance\ownership if
outside ROW and limit impact to parking of driveway vehicles.
17) Stormwater Irrigation - Could water collected via stormwater treatment be used
for irrigation.
18) Lift Station - Site is served by an existing sanitary sewer lift station. The number
of proposed units will likely require the lift station to be upgraded.
19) Utility Connections - There was discussion of utility connections following the
trail which meanders in and out of properties, applicant should clarify their
intention here as this does not sound like an industry standard. Curb boxes for
example should be placed at the right of way line regardless of trail location.
X-C-01(a,b)
21) Access Alignment - East/west access through middle of multi-unit buildings does
not appear to align safely with parkway entrance on west half of development.
22) Association Maintenance - How will the associations from adjacent phases/areas
be operated together as one central entity? Currently have problems in other
developments where separate associations are formed in one common
development, City becomes inserted between as moderator.
23) Building Permit Checklist - Further information on building code requirements
and checklists can be found here
24) SAC Determination - Please contact Metropolitan Council for a SAC
Determination. Combined City\Met Council SAC\WAC is $5,500 per unit.
25) Solid Waste and Recycling - Please see Dakota County Ordinance 110 for
further information on recycling requirements.
Please contact me with any questions at (651) 480-2378 or jhinzman@hastingsmn.gov.
Sincerely,
CITY OF HASTINGS
John Hinzman, AICP
Community Development Director
Encl.
X-C-01(a,b)
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: March 6, 2023
Item: Rural Fire Association Contract
Council Action Requested:
Approve Service Contract for Fire and Ambulance Service to the Hastings Rural Fire
Association for 2023-2027.
Background Information:
The City of Hastings has had a long-standing contract relationship to provide fire and ambulance
service in the City of Vermillion and Ravenna, Marshan, Nininger, Denmark, and Vermillion
Townships. The current contract (2021-2022) ran through 2022, with an MOU extension through
March 31, 2023.
Negotiating a renewal contract started in June 2022. Much of the negotiations centered on 1) a
general recognition that costs are increasing significantly due to capital expenses and additional
staffing, 2) costs for providing fire and ambulance service should include all costs, including
those occurring in other cost centers in the City budget (such as insurance and capital expenses,
3) spreading the cost of capital items over several years for consistent and predictable budget
impacts, and 4) a proportional split of the costs. Additionally, acknowledging that the cost
increase would be notably greater than the Rural Association had been paying, the City Council
indicated its willingness to phase in an increase over a few years.
The negotiated contract would run for 5 years, through December 31, 2027. Other than the dollar
amounts, it is essentially the same contract terms as in the past.
Financial Impact:
Revenues from Rural Fire Association
2023 – $584,993 (budgeted $551,880)
2024 – $666,892
X-D-01
2025 – $746,919
2026 – $821,611
2027 – $870,907
Committee Discussion:
City Council workshop 10/3/2022 provided overview of finances. City Council indicated
willingness to consider phasing in an increase in the contract amount.
Attachments:
• Memo from Ehlers Public Finance Advisors (accountants for the Rural Association)
• Fire and Ambulance Service Contract by and Between the City of Hastings and the
Hastings Rural Fire Association
X-D-01
MEMORANDUM
TO: Hastings Rural Fire Association Hastings City Council
FROM: Bruce Kimmel, Senior Municipal Advisor
Dan Tienter, Municipal Advisor
DATE: March 1, 2023
SUBJECT: Proposed 2023–2027 Fire and Ambulance Service Contract
For decades, the Hastings Rural Fire Association (the “Association”), comprised of the Townships of Denmark, Vermillion, Nininger, Ravenna, Marshan, and the City of Vermillion, procured fire protection and ambulance services from the City of Hastings (the “City”). To govern this relationship, the Association and City entered into a Fire and Ambulance Service Contract (the “Contract”). The current Contract expired on December 31, 2022 and both parties, through a Memorandum of Understanding (MOU), extended it until March 31, 2023.
During that period, representatives of the City and Association negotiated a longer-term extension of the Contract. The Association designated three members to negotiate on their behalf: Jeff Human (Ravenna Township), Bruce Lohmann (Vermillion Township) and Julie Windschitl (Denmark Township). The Association also engaged Ehlers and Associates, Inc. and Kennedy and Graven, Chartered to assist with the process. The
group met with the City on January 12, January 25, February 7, February 16, and February 24. During these meetings, the Association expressed their interest in a longer-term agreement with lower annual increases and the City highlighted their increasing costs to operate their services, especially given a need for additional personnel and anticipated capital costs. Based on these positions, the parties traded several proposals
with varying terms. Given the discussion and deadline imposed by the MOU, the Association offered to contribute to both services based on their proportionate calls for service and population or about 22% of the projected costs. Using this approach, the Association proposed service fee increases of 6% in 2023, 14% in 2024, 12% in 2025,
10% in 2026, and 6% in 2027. As a result, the service fee would increase from $551,880 in 2022 to about $870,900 in 2027, or an increase of about $319,000. Although the City sought greater annual increases and disagreed with the formula used by the Association, their representatives ultimately agreed to submit this offer to the City Council. The following table summarizes the
major areas for the proposed Contract. Contract Terms and Conditions
Contract Area Association Benefits City Benefits
Term • Five-Year Contract (predictable expenditures) • Five-Year Contract (predictable revenues) Service Fee • Decreasing Service Fee Increases
• City-Issued Debt (to level capital costs)
• Calls for Service and Population Based
Formula
• “Front-Loaded” Service Fee Increases
• Greater Support for Anticipated Capital and Personnel Costs
• Broader Recognition of City Costs
The City Council and Association Board will meet on March 6 and March 13, respectively, to review and consider approval of the proposed Contract (Attachment A). If you have any questions, please feel free to contact Bruce Kimmel or Dan Tienter.
X-D-01
1
HA620-1-858247.v3
FIRE AND AMBULANCE SERVICE CONTRACT BY AND BETWEEN THE CITY OF HASTINGS AND THE HASTINGS RURAL FIRE ASSOCIATION
This Fire and Ambulance Services Contract (“Contract”) is made and entered into effective as of January 1, 2023 by and between the City of Hastings (“City”), a Minnesota municipal corporation, and the Hastings Rural Fire Association (“Association”), a Minnesota joint powers entity consisting of the following communities: City of Vermillion; Ravenna Township; Marshan
Township; Nininger Township; Denmark Township; and Vermillion Township (individually,
“Community” and collectively, “Communities”). The City and the Association may hereinafter be referred to individually as a “party” or collectively as the “parties.”
RECITALS
A.The Association is a joint powers entity formed under Minnesota Statutes, Section 471.59
and is authorized to negotiate and enter into a single contract on behalf of its members to
obtain fire and ambulance service for the Communities.
B.All the Communities are located within Dakota County, with the exception of DenmarkTownship, which is located in Washington County.
C.The City owns and operates the Hastings Fire and Emergency Medical ServicesDepartment (“Department”), which provides fire, rescue, and emergency medicalservices including, but not limited to, structural firefighting, general firefighting,grass/forest firefighting, rescue, disaster response, limited hazardous material response,
and emergency medical services, including advanced life support and basic life support
emergency medical response (collectively “Emergency Services”) to the City and, bycontract, to the Communities.
D.The City currently imposes a non-resident service charge for Emergency Services
provided to those who do not reside within the limits of the City (“Non-Resident ServiceCharge”).
E.The parties desire to enter into a contract to provide for the ongoing delivery ofEmergency Services to the Communities.
AGREEMENT
In consideration of the mutual promises and agreements hereinafter set forth, the Parties do
hereby agree as follows:
1.Emergency Services. The Association agrees to purchase from the City, and the Cityagrees to provide through its Department, Emergency Services to the Communities inaccordance with the terms and conditions in this Contract.
(a)Allocation of Resources. The parties understand that the City staff in charge of theparticular scene shall exercise judgment to determine, in consideration of established
Attachment A
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policies, guidelines, procedures and practices, how best to allocate the available resources of the Department under the circumstances of a given situation. Failure to
provide Emergency Services because of poor weather conditions or other conditions
beyond the control of the City shall not be deemed a breach of this Contract. (b) No Guarantee. The parties understand and agree the City will endeavor to provide, through its Department, Emergency Services to the best of its ability given the
circumstances, but the City makes no guarantees that the Emergency Services it
actually provides in any given situation will meet any particular criteria or standard. (c) Exceptions. The parties agree that under certain circumstances call volume or other factors may result in a periodic shortage of staffing availability and, as a result, there
may be certain circumstances that result in a delay or failure to respond to a certain
call within a Community. Furthermore, construction, closure, and maintenance of highways and bridges are beyond the control of the City and may result in a delay or inability to respond to a call for Emergency Services. In such cases the City may need to rely on its mutual aid agreements.
(d) Other. The Department may conduct inspections of properties within the Communities as needed to determine that proper safety measures can be established at the site in the event the Department needs to provide Emergency Services at the site. To the extent it conducts such inspections, the Department shall be responsible
for obtaining the owner’s permission to the extent such permission is required by law.
The City shall not be responsible for the issuance of burning permits or daycare inspections in any property within the Association. Each Community shall provide the City with a contact person so it may refer these matters to the appropriate parties within the Association.
3. Service Area. All land within the territorial boundaries of the Communities is included in, and constitutes, the area in which the City shall provide Emergency Services (“Service Area”). The Service Area may only be changed by amendment to this Contract and, with respect to ambulance services, approval of the state as required by
law.
4. Payment. The Association agrees to pay the following Contract Amounts during the term of the Contract:
For calendar year 2023: $584,993
For calendar year 2024: $666,892 For calendar year 2025: $746,919 For calendar year 2026: $821,611 For calendar year 2027: $870,907
The Association shall pay each year’s Contract Amount in two payments. One half of the required Contract Amount shall be paid on or before July 31 of each year, and the balance on or before December 31 of each year. Notwithstanding the forgoing, the
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parties agree the first payment in 2023 shall be paid on or before August 31, 2023. Both the City and the Association reserve the right, based upon observation of the financial
arrangements herein made, unanticipated circumstances, or because the financial
arrangements provided by this Contract appear inequitable, to request a renegotiation of the financial arrangements provided for by this Contract. Should either party wish to renegotiate a different financial arrangement they must contact the other party by February 15 of the year preceding the Contract Year. No amendments to this Contract
shall have any effect unless reduced to writing and signed by both parties.
5. Non-Resident Service Charge. The City will not charge those residing within the territorial boundaries of the Communities of the Association a Non-Resident Service Charge for Emergency Services. The City shall use the service recipient’s address for
determining residency within the boundaries of the Communities and shall have the
discretion to make the final determination as to residency. The parties understand and agree the City will continue to charge a mileage rate for distance traveled to provide such services within the Communities. Nothing herein shall prevent the City from continuing to charge a Non-Resident Service Charge to those who do not reside in the City or in the
Communities.
6. Meetings of the Parties. The parties agree to meet starting in the fall of 2023 to discuss options for increasing communications between the City and the Association and alternative means of determining the amount the Associations pays for Emergency
Services in the future. The parties further agree to meet no later than the second quarter
of 2027 to discuss an extension of the existing contract or a new contract for Emergency Services after 2027. The Parties may meet at additional times if desired by the parties. 7. Term. This Contract is effective as of January 1, 2023, and shall expire on December 31,
2027, unless terminated earlier as provided herein.
8. Ownership. The City owns the buildings, equipment, and any other items associated with the Department and the amounts paid by the Association do not give rise to any ownership interest in, or responsibility toward, those items. 9. City’s Responsibilities. In addition to any other obligations described herein, the City
shall: (a) Annually provide directly to each Community a report detailing the number and types of Emergency Services calls responded to by the Department to the City and to each
Community in the year. To the extent reasonably possible, the report will identify
calls provided within a Community to someone who is not a resident of that Community, such as a response to a vehicle fire of someone traveling through the Community.
(b) Authorize and direct the Department to provide Emergency Services as described
herein to the Service Area;
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(c) Disclose to the Association any proposed action the City intends to take that can reasonably be expected to affect the Insurance Services Office Fire Protection Grade
in any portion of the Service Area or the City’s ability to provide Emergency
Services; and (d) Promptly disclose to the Association any information the City can reasonably anticipate will directly affect its ability to perform its obligations under this Contract.
10. Association’s Responsibilities. In addition to any other obligations described herein, the
Association shall: (a) Promptly pay the City the Contract Amount as calculated above for the year of service, or a prorated share of the Contract Amount for the length of service actually provided if the Contract is terminated early;
(b) Collect from the Communities sufficient amounts to pay the Contract Amount to the City in accordance with the terms of this Contract. Failure of the Association to collect the amounts owed by the respective Communities shall not serve to reduce the amount the Association is required to pay the City under this Contract unless the City
and the Association mutually agree to amend this Contract to reduce the Service
Territory and the required Contract Amount; (c) Promptly disclose to the City any information the Association can reasonably anticipate will directly affect its ability to perform its obligations under this Contract;
(d) Provide the City addresses to properties within the Service Area as needed; (e) Work with the governing bodies of the Communities to help ensure the Department can gain access to properties as needed to plan for the safe delivery of Emergency
Services within the Service Area; and
(f) Cooperate with the City on evaluating various options to increase safety and security of its residents.
It is understood and agreed that the Association shall have no responsibility whatsoever toward the personnel of the City including any employment related issues such as training, supervision, performance reviews, discipline, compensation, benefits, insurance coverages, compliance with any reemployment-
related federal, state, and local laws and rules such as OSHA, ERISA, RLSA,
FMLA, FSLA or any other employment related issues. It is further agreed the Association has no responsibility beyond paying the agreed upon Contract Amount for acquiring, operating, maintaining, housing, or replacing vehicles or equipment as needed to provide Emergency Services.
11. Insurance Requirements. City shall maintain general liability insurance for its Emergency Services, and shall also maintain inland marine, automobile and property
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insurance. City shall, upon request of the Association, name the Association as an additional insured on its policy and provide the Association with proof of such insurance
coverage.
12. Indemnification. To the extent allowed by law, the City agrees to defend and indemnify the Association and its members against any claims brought or actions filed against the Association or its members, officers, employees or volunteers of the Association or its
members for injury to, death of, or damage to the property of any third person or person,
arising from the City’s performance under this Contract. Under no circumstances, however, shall the City be required to pay on behalf of itself and the Association or its members any amounts in excess of the limits of liability established by the Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for the
Association and its members and City may not be added together to determine the
maximum amount of liability for the City. The intent of this section is to impose on the City a limited duty to defend and indemnify the Association and its members for claims arising out of the performance of this contract subject to the limits of liability under Minnesota Statutes Chapter 466. The purpose of creating this duty to defend and
indemnify is to simplify the defense of claims, by eliminating conflicts between the
parties and to permit liability claims against the parties from a single occurrence to be defended by a single attorney. 13. No Waiver. Nothing herein shall be construed to waive or limit any immunity from, or
limitation on, liability available to the City, the Association, or its member Communities,
whether set forth in Minnesota Statutes Chapter 466 or otherwise. 14. Modification. This writing contains the entire Contract between the parties and no alterations, modifications or waivers of the provisions of this Contract are valid unless
reduced to writing, signed by both the City and the Association, and attached hereto.
15. Subcontracting and Assignment. City shall not subcontract or assign any portion of this Contract to another without written permission from the Association. Emergency Services provided to the Association pursuant to a mutual aid agreement the City has or
may enter into with another entity does not constitute a subcontract or assignment
requiring approval of the Association, so long as the City remains primarily responsible for providing Emergency Services to the entire Service Area. This provision does not preclude the periodic usage of private contractors, equipment, or vehicles for certain aspects of providing Emergency Services on calls that require additional assistance.
16. Termination. This Contract may be terminated at any time during its term by mutual agreement of the parties. Either party may terminate this Contract by personally serving a 120 day written notice of termination on either party. The Contract shall terminate 120 days from the date of personal service of the written termination notice unless the party
serving the notice withdraws the notice in writing before it is effective.
If the Association fails to pay the full Contract Amount to the City as required herein the City may terminate this Contract 60 days from the date of personal service of written
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termination notice. Notice to the City shall be served on the City Administrator, or City Clerk, in the absence of the City Administrator, and notice to the Association shall be to
Lisa Rowan, P.O. Box 67, Vermillion, MN 55085 and Troy Gilchrist, Kennedy &
Graven, 150 South 5th Street, Suite 700, Minneapolis, MN 55402. 17. Service Contract. This is a service contract. The parties do not intend to undertake or create, and nothing herein shall be construed as creating, a joint powers agreement, joint
venture, or joint enterprise between the parties.
18. Association Obligation. All covenants, promises, agreements, and obligations of the Association contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and obligations of the Association, and not of any of the member
Communities or of the governing body, member, officer, agent, servant, or employee of
the Association or a member Community in their individual capacity thereof. 19. No Third Party Rights. This Contract does not, and is not intended to, confer any rights or remedies upon any person or entity other than the signatories.
20. Minnesota Law Governs. This Contract shall be governed and construed in accordance with the laws of the State of Minnesota. All proceedings relating to this Contract shall be venued in the State of Minnesota.
21. Recitals. The recitals contained herein, and the exhibits attached hereto, are incorporated
in and made part of this Contract. 22. Severability. The provisions of this Contract shall be deemed severable. If any part of this Contract is rendered void, invalid, or otherwise unenforceable, such rendering shall
not affect the validity and enforceability of the remainder of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract as of the date of the last party to execute it.
CITY OF HASTINGS
_____________________________________ ___________
Mary Fasbender, Mayor Date
_____________________________________ ___________ Kelly Murtaugh, City Clerk Date
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HASTINGS RURAL FIRE ASSOCIATION
_____________________________________ ___________
John Maher, Chairperson Date
_____________________________________ ___________ Lisa Rowan, Secretary Date
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Dan Wietecha, City Administrator
Date: March 6, 2023
Item: Personnel Policy Updates and Additions
Council Action Requested:
Review and approve new and updated personnel policies to be added to the Employee Handbook.
Individual policy changes may be considered separately.
Background Information:
Following the 2022 updates to the Employee Handbook and the Compensation and Classification
Study, there was interest is also updating some of the policies related to employee benefits. The
documents following this memo show the policy proposals or changes.
Juneteenth: Juneteenth is recognized by the State as an official holiday, effective August 1, 2023,
making the holiday required in 2024. The Administration Committee recommended
implementation of City recognition June 19, 2023. This would require MOU’s or other
incorporation into union contracts.
Remote Work Policy: This is a new policy to enable hybrid work schedules, largely formalizing
practices we’ve used during and since the pandemic.
Sick Leave Donation Policy: There are modest updates to the existing policy to provide clarity
and ensure compliance with IRS regulations.
Safety Boot Policy: The reimbursement amount was first adopted in 2005. An increase to the
reimbursement is recommended to more accurately reflect the cost of boots, to emphasize OSHA
standards, and to include POC Firefighters on an equal footing. The financial impact is up to
$13K more than current spending.
Compensatory Time: Exempt (salaried) employees are allowed to document time worked over 80
hours in a pay period, up to a cap of 120 hours. The proposed policy change would implement a
payout of comp time accrued over 80 hours on December 1 each year. The financial impact
would be approximately $45K in 2023 if all eligible exempt employees had accrued 120 hours of
compensatory time.
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Vacation Accrual: Currently, vacation accrual rates increase after the 6th year of employment with
the City. In order to aid employee retention, the proposal would increase accrual in the earlier
years of employment. There is no immediate financial impact as unused vacation is paid out upon
separation from the City.
Longevity: The current longevity rates provide additional compensation at 5, 10, and 15 years
with the City. The proposal would add another tier at 20 years of service at 4%. Presently,
twenty-one employees have served 20 years or more. The financial impact would be $18K for the
full year at 2023 wages.
Paid Family/Parental Leave: While there is discussion at the legislature, paid leave has been a
topic of conversation across the City. It is recommended that an intermediate program be put in
place while the program at the State level is going through its processes. The Administration
Committee recommended 20 days of leave paid at 50% with the balance supplemented by the
employee’s accrued leave. Eligibility would mirror that of the federal Family Medical Leave Act.
There is no direct financial impact; however, it would reduce the amount of accrued leave used
by employees taking an extended leave.
The Administration Committee recommended 90 or more days from adoption for implementation
with no policy to be applied retroactively.
Financial Impact:
Unbudgeted expenses:
Safety Boots – up to $13K
Comp Time – up to $45K
Longevity – up to $18K
Advisory Commission Discussion:
N/A
Council Committee Discussion:
The Administration Committee (Leifeld*, Haus, Pemble) met on February 13.
Attachments:
N/A
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City of Hastings Remote Work Policy
The City of Hastings is committed to providing excellent customer service for our residents, as well as
attracting and retaining critical employee talent. A remote work policy provides these benefits to the
City and is hereby adopted according to the guidelines below.
This policy governs the practice of working remotely from locations other than a City facility, including
an employee’s home. Remote work should not adversely affect other operational needs of the City. It is
voluntary for the employee and at the sole discretion of management.
General Guidelines
Remote work, for this policy, is defined as regularly working some scheduled hours off-site and some on
City premises. This policy does not pertain to occasional work outside the office or “work from home”
days. No employee will be allowed to remotely work all scheduled work hours unless approved as a
reasonable ADA accommodation.
Regardless of location, a remote worker remains responsible for all job duties, responsibilities and
obligations associated with their position, even if such duties require the employee to come into a City
facility while performing work remotely. Employees and supervisors should seek to find solutions to
maximize benefit to the City and to the employee.
City employees who meet the eligibility criteria will be considered for remote work on a case-by-case
basis, where remote work arrangements have been shown to accomplish both work and personal goals,
and meet the criteria and guidelines set forth below. Remote schedules may need to change to
accommodate the needs of the City or when employee job duties change.
When making the decision to approve remote work, supervisors and the City Administrator will consider
the following guidelines:
• The remote work arrangement must be set in advance and approved by the supervisor and the
City Administrator.
• Remote work requires the same focus on job duties as if the employee were in the office;
frequent interruptions from household members, pets or other distractions may disqualify an
employee from remote work.
• There must be adequate department coverage during all standard hours.
• There must be no adverse impact on internal or external customers.
• There must be no known safety issues associated with working remotely.
• There must not be any known security issues with technology or otherwise, in order to protect
nonpublic government data.
• Employees working under a Performance Improvement Plan are not eligible for remote work.
• Employee and supervisor will define daily availability and manner in which employee will be
available to internal and external customers.
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• Internal and external customers must be given direction on whom to contact in the employee’s
absence and how, if the employee is not available during all business hours.
• The schedule must not result in additional overtime for the employee or co-workers, unless
pre-approved by the Supervisor.
• The supervisor or City Administrator may end the remote work arrangement at any time.
Remote work arrangements may vary depending on the position and department. Supervisors are
responsible for determining the work schedules within their departments, subject to the approval of the
City Administrator. Because the primary focus is serving the needs of the customers, it is important to
realize remote work arrangements may not be possible for some positions.
A remote work agreement is to be completed and signed by the employee, the employee’s supervisor,
and the City Administrator prior to beginning the remote work.
Eligibility for Flexibility in the Place of Work
Individuals requesting remote work arrangements must be employed with the City for a minimum of 12
months of continuous, regular employment and be successfully performing their job duties, as
determined with supervisor input.
There may be additional considerations when an employee requests remote work as a reasonable
accommodation and the City will consider those requests on a case by case basis.
Supervision and Performance Evaluation
For employees who are working remotely at least half of their schedule, supervisors must hold regular
meetings to discuss work progress and issues for the first three months. These meetings can be
conducted by phone, virtual computer technology or in person. Evaluation of remote worker
performance beyond the initial three months will be consistent with that received by employees
working at the office.
If work performance declines or becomes unsatisfactory, the employee may face discipline and/or the
remote work arrangement may be terminated at the discretion of the City.
Work Hours, Calendars and Meetings
The employee and supervisor will agree on the number of days of remote work that will be allowed each
week, the work schedule the employee will customarily maintain, and the manner and frequency of
communication. The employee agrees to be accessible by phone, virtual computer software or email
within a reasonable time period during the agreed upon work schedule. Depending on the employee’s
position and the needs of the City, the work schedule may include core hours during which the
employee must be available or the schedule can include greater flexibility for the employee to work
outside the City’s normal business hours.
Remote workers who are not exempt from the overtime requirements of the Fair Labor Standards Act
(FLSA) will be required to record all hours worked in a manner designated by the City. Hours worked in
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excess of 40 hours (or regularly assigned hours) per week, will require advance approval of the
supervisor. Failure to comply with this requirement may result in termination of the remote work
arrangement.
Remote workers who are exempt from the overtime requirements of the FLSA must follow the City’s
normal payroll and timekeeping policies and are generally accountable for their normal work week
hours (e.g., for most full-time employees that will be at least 40 hours/week).
All remote workers must use sick, vacation or compensatory time off as needed to cover periods of time
off, following the City’s normal paid leave policies. See the Employee Handbook for other types of
leave, notification, and coverage for eligible employees.
Remote workers must attend all required meetings, including those which normally would be held on a
remote workday, and are also responsible for obtaining information from optional meetings when such
meetings impact their work with the City. In-person business meetings with others cannot be held at an
employee’s home.
Work Environment and Technology
For employees working remotely on a routine basis, the employee must establish an appropriate work
environment to avoid problems associated with safety or poor ergonomics. The City will not be
responsible for costs associated with initial setup of the employee’s remote office such as remodeling,
furniture, lighting, repairs, or modifications to the office space. Employees will be offered appropriate
guidance in setting up a workstation designed for safe, comfortable work.
The City will provide employees with appropriate technology (e.g., computer, monitor(s), docking
station, mouse, keyboard, headset) as determined by consultation with the employee, supervisor and IT.
Employees will be required to perform software and hardware updates in keeping with standards set by
the IT Department. Employees are required to provide a reliable internet connection and follow all
guidelines regarding appropriate use of City technology equipment found in the Employee Handbook.
All City-owned equipment must be returned upon termination of the remote work arrangement or at
termination of employment.
The City will supply the employee with the appropriate office supplies (pens, paper, etc.) for their
assigned job responsibilities. The organization will also reimburse the employee for all pre-approved,
appropriate business-related expenses; however, the employee may be required to come into the office
in order to perform some duties such as mailing, scanning, photocopying or picking up supplies.
City Employment Policy and Benefits Coverage
The City’s normal policies and procedures (for example, computer use, data practices, respectful
workplace, outside employment, etc.) apply to employees working remotely. Employees should review
the Employee Handbook or ask their supervisors if they have any questions about whether or how a
particular City policy applies to a remote work environment.
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An employee working remotely is generally covered by the City’s Workers' Compensation insurance
while acting in the course and scope of employment and must report any injury to their supervisor as
soon as possible.
Approved XX/XX/2023
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Donated Sick Leave Donation Policy
Purpose
With the written approval of the City Administrator, City Employees having
accrued sick leave will be allowed to donate a portion of such accrued sick leave
to a sick leave donation “pool” to be used by employees experiencing a medical
emergency. A medical emergency is a medical condition of the employee or a
child, spouse or parent of the employee that will require the prolonged absence
of the employee from duty and will result in a substantial loss of income to the
employee. major life- threatening disease or condition suffered by the employee,
their spouse, or minor children. A major life -threatening disease or condition
shall include, but not necessarily limited to heart attack, stroke, organ transplant,
or life- threatening illness or condition as defined by a physician’s diagnosis.
Conditions:
Receiving Donated Sick Leave.
a. An employee is only eligible to receive donated sick leave for time lost
from work due to absences directly related to a major life -threatening
disease or conditionmedical emergency as described above, equal to the
number of hours of time which the employee would lose from his/her job
due to the major life- threatening disease or conditionmedical emergency.
b. An employee will be eligible to receive donated medical sick leave only
after the employee’s accrued sick leave, compensatory time, floating
holidays, and vacation time balances have been exhausted by the
employee.
c. An employee will be allowed to receive up to and no more than one
hundred and sixty (160) hours of donated sick leave for any single major
life- threatening disease or conditionmedical emergency without the prior
written approval of the City Administrator. The hours the recipient may
obtain will only be provided if there are sufficient hours in the sick leave
bank. In addition, the recipient will be notified prior to every eligible pay
period as to how many hours they will be receiving for the pay period.
d. Employees will not accrue time vacation or sick leave while using donated
sick leave.
e. The City Administrator shall may have the right to deny use of donated
sick leave or limit its use, as shall be determined necessary and in the
best interest of the City of Hastings.
f. An employee is not eligible for the sick leave donation program if also
eligible for Workers’ Compensation, receiving Long- Term Disability
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payments though the City’s program, or judged to be disabled to the
extent that the employee will not be returning to work.
Donating Sick Leave
a. An employee may donate no more than thirty-two (32) hours per calendar
year to the donated leave pool. Donations are to the pool, not a specific
employee.
b. An employee must have a minimum sick leave balance of 40 hours to
donateafter donating sick leave to the pool.
c. A prospective donor will indicate the amountnumber of hours he/she
wishes to donate on the forms designated by the City for that purpose and
submit the form to the Administrative Assistant/City Clerk or designeeHR
Director.
d. Hours, which have been donated to the sick leave pool are non-refundable
and become the sole property of the City’s sick leave pool.
Voluntary Participation
a. Participation in the donation of sick leave donation program will be
completely voluntary and confidential. No City employee shall pressure or
otherwise attempt to influence another City employee to surrender sick
leave.
b. The City will not inform the recipient of the names of those surrendering
hours or the number of hours surrendered.
Other Provisions
Donations must beshall be on an hour-for-hour basis. For every one (1) hour of
sick leave donated by the donor, the recipient will be credited with one (1) hour of
sick leave. The pay levels of the two employees shall not affect the transaction.
The donated hours are taxable income to the recipient.
Departing employees may not donate to the sick leave pool.
If the recipient separates from City employment before using all of the donated
leave time, the remaining donated time may not be converted to severance pay.
Any remaining donated time shall be returned back to the donated sick pool.
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Employee Handbook, policy edits (March 6, 2023)
Sick Leave Donation
Safety Boots
Compensatory Time
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Vacation Accrual
Current Proposed
Years of Service Hours Days
Hours
Days
0-1 80 10 88 11
2 96 12 96 12
3 96 12 104 13
4 96 12 112 14
5 96 12 120 15
6 104 13 128 16
7 112 14 128 16
8 120 15 136 17
9 128 16 136 17
10 136 17 144 18
11 144 18 144 18
12 152 19 152 19
13 160 20 160 20
14 168 21 168 21
15 176 22 176 22
20 200 25 200 25
Longevity
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Paid Family/Parental Leave
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