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HomeMy WebLinkAbout20230905 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Tuesday, September 5, 2023 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM New Employees Angi Barber Tom Sorenson Heather Meling Jeremy Bickner Ben Ferderer Mason Johnson Elisabethann Schmidt James Domeier Introductions Sue Vento, Metropolitan Council Tammy Champa, ISD 200 V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on August 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. Approve Special Event Designation: Relay for Life 3. Approve Special Event Designation: Mainstreet Market 4. Resolution: Accept Donation to the Parks and Recreation Department 5. Authorize Signature: CDBG Subrecipient Agreement 6. Authorize Signature: Waiver of Assessment – Hastings Creamery 7. Resolution: Minor Subdivision – Adam Greenslade (1012 Ramsey Street) 8. Approve First Amendment to City of Hastings Legal Services Agreement with LeVander, Gillen & Miller, PA. 9. Declare Surplus Property and Authorize Sale (Pickup Trucks and Trash/Recycling Cans) 10. Cannabis Regulation – Send to Public Safety Committee 11. Resolution: Schedule Public Hearing Regarding Duluth EDA Financing Benedictine Health System Projects 12. 1st Reading\Order Public Hearing: Amend City Code Chapters 156 and 157 – Property Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy Maintenance Code and Structural Maintenance Code 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. X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development D. Public Safety E. Administration 1. Resolution: Approve Preliminary 2024 City Property Tax Levy, Preliminary Budget, and Setting Truth in Taxation Hearing 2. Resolution: Approve Proposed 2024 HEDRA – HRA Special Tax Levy 3. Strategic Plan 2024-2027 XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, September 18, 2023 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes August 21, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, August 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, Lawrence, Leifeld, and Pemble Members Absent: None Staff Present: City Administrator Dan Wietecha City Attorney Kori Land Parks and Recreation Director Chris Jenkins Sue Vento, Metropolitan Council – Rescheduled Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council workshop and regular meeting on August 7, 2023. Minutes were approved as presented. Consent Agenda Councilmember Fox motioned to approve the Consent Agenda as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays 1. Pay Bills as Audited 2. Special Event Designation: Historic Hastings Car Show – Date Addition 3. Appoint Public Safety Advisory Commissioner Mary Nehring 4. 2023 2nd Quarter Financial Report 5. Authorize Signature: 1st Amendment to Development Agreement – Heritage Ridge 3rd Addition 6. Resolution No. 08-08-23: Minor Subdivision – City of Hastings – Spiral and Glendale 7. Authorize Signature: Agreement for Professional Services and Business Associate Addendum for Protected Health Information with Emergency Service Perspectives 8. Approve Pay Estimate No. 3 for the 2023 Neighborhood Infrastructure Improvements Project – BCM Construction, Inc. ($578,940.10) 9. Approve Labor Agreement with Local 49ers (2024 –2026) 10. Authorize Signature: Monsido Agreement (2024-2026) 11. Authorize Signature: Artwork Leasing Agreement with Dale Lewis Agreement Amendment #1 with Apex Facility Solutions, LLC Jenkins provided an overview of the request to approve amendment #1 for the Guaranteed Energy Savings Agreement with Apex Facility Solutions, LLC for the Refrigeration Plant Replacement, West Rink Roof Replacement, and Solar System Installation projects at the Civic Arena. This amendment modifies the existing agreement to add more detailed scope of work and costs for the roofing and Motor Control Center Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes line items. Jenkins indicated each step of the project would be brought before Council via amendments to the master agreement. Jenkins reviewed the bids received for the project, specifying the lowest bids were awarded for each component of the project. Council expressed appreciation to staff for prioritizing the project. Councilmember Fox motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Administration of Absentee Ballots Wietecha introduced the request to support participating with Dakota County and other municipalities for administration of absentee ballots. Wietecha indicated a workgroup with representatives from our election partners has been working to formulate a Joint Powers Agreement including a cost-share plan, under which Dakota County would administer absentee voting services. Wietecha shared the joint powers agreement draft is pending but Dakota County is seeking each municipalities intent since the agreement is based on the number of municipalities participating. Council discussion on clarification of next steps in the process and cost savings over the next year. Wietecha indicated City staff would maintain voting opportunities during the absentee voting period, sharing the agreement could provide substantial savings to the City. Council expressed support to streamline the process for election night reporting absentee votes. Council provided insight to recent Finance Committee discussions surrounding election judge pay. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. Budget Pre-Approval of Pick-Up Trucks Wietecha introduced the request to authorize the order of six pick-up trucks for lease as part of the 2024 budget. Wietecha indicated there are supply chain delays that will impact the number of the items included in the proposed budget, and vehicle orders with state-bid pricing have early and short windows for ordering. As the City changes the fleet management practices to replacing vehicles on a 5-year basis, the budget recommends purchasing some vehicles outright and leasing several vehicles in order to transition towards the new fleet management practice. Council discussion on leasing versus purchasing outright pertaining to cost benefits. Wietecha indicated the information provided includes pre-Covid data. Wietecha indicated the goal is to reduce maintenance costs and provide safer vehicles while maintaining a more cost-effective fleet which can be achieved in a five-year rotation. Council discussed the cost at the end of a lease term regarding the five-year rotation. Council discussed tabling the topic to support additional discussion and information. Wietecha indicated the window for ordering may end before the next Council meeting. Council discussion on potential costs for maintenance and repairs within the lease agreements. Council requested additional information for a cost benefit analysis and what additional costs may be incurred by adding maintenance into the lease agreements. Councilmember Fox motioned to approve as presented, seconded by Councilmember Lawrence. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 6 Ayes, 1 Nays (Folch). Announcements • Councilmember Folch shared an update from the League of Minnesota Cities, Improving Service Delivery Policy Committee meeting regarding PFAS and Adult-Use Cannabis. • Summer Rec Programs at Levee Park… o Tuesday, August 22, Performance in the Park “Tuey Wilson – Comic Stunt Juggler” Sponsored by SMEAD Manufacturing. o Thursday, August 24, Music in the Park with “Jeff Dayton Band - variety.” Supported by the Ruth and George Doffing Charitable Fund. o Thursday, August 31, Music in the Park with “Jonah & the Whales – pop, rock, & country.” Supported by the Ruth and George Doffing Charitable Fund. • The Rec + Art + Police will be at Lions Park on Wed, August 23, featuring choice art, DJ, and contests. Recommended for elementary and middle schoolers. Supported by SC Toys, Country Financial, Hastings Lions Club, Hastings Family Service, Community Ed, and Hastings Prescott Arts Council. • Support area makers and artisans at the Makers Market on Thursday, August 31. • Thursday, August 31, The Devin J. Noring Foundation will hold International Overdose Awareness Day. • City Offices will be closed Monday, September 4, in observance of Labor Day. • Happy Birthday to Councilmember Fox at the end of the month. Meetings • Planning Commission Meeting on Monday, August 28, 2023 at 7:00 p.m. • City Council Workshop on Tuesday, September 5, 2023 at 5:30 p.m. • City Council Regular Meeting on Tuesday, September 5, 2023 at 7:00 p.m. Councilmember Pemble motioned to adjourn the meeting at 7:51 PM, seconded by Councilmember Folch. Ayes 7; Nays 0. _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang - Accountant Date: 08/31/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of July 2023 CC payments. Council review of weekly routine disbursements issued 08/29/2023. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 09/06/2023. 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: July 2023 CC Payments $ 26,866.71 Disbursement checks, EFT issued on 08/29/2023 $ 819,181.59 Disbursement checks, EFT to be issued on 09/06/2023 $ 311,605.25 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 Date Vendor Amount Account Description 07/12/2023 Vzwrlss My Vz Vb P 40.01 101-105-1051-6321 Verizon Air Cards 06/27/2023 Facebk 67nggrf7p2 384.92 101-107-1061-6331 Makers Market, Make Music Day, Levee Park programs and City Update Facebook and Instagram advertisin 07/17/2023 Pioneer Press Circ 182.00 101-107-1061-6433 Annual subscription for Pioneer Press 06/30/2023 The Paper Boy 200.00 101-107-1061-6433 Five annual city subscriptions for the Hastings Journal newspaper 07/12/2023 Vzwrlss My Vz Vb P 40.01 101-107-1071-6321 Verizon Air Cards 06/27/2023 Government Finance Off 530.00 101-120-1201-6311 COA Application Review Fee 07/17/2023 Amzn Mktp US Hz97r3553 13.98 101-140-1401-6217 sample Bottles 07/09/2023 Amzn Mktp US 0y37l0tb3 17.46 101-140-1401-6217 Ceiling tile cutter tool 07/04/2023 Amzn Mktp US 2756m5wi3 46.94 101-140-1401-6217 Office chair repair tool 06/26/2023 Menards Cottage Grove 54.59 101-140-1401-6217 P.D. TV Mount, F.C. misc. parts 07/11/2023 Breezy Point Resort In 510.00 101-140-1401-6323 Training, hotel, meals 07/16/2023 Amzn Mktp US Dw8ko82o3 20.98 101-140-1403-6217 shelf 07/21/2023 Menards Cottage Grove 43.90 101-140-1403-6353 finished Wood strips for securing window blinds 07/11/2023 Menards Cottage Grove -43.99 101-140-1403-6353 TV Mount Credit 07/06/2023 Menards Cottage Grove 58.99 101-140-1403-6353 tv mount 07/05/2023 Menards Cottage Grove 289.51 101-140-1403-6353 Dimmer, shades, outlet plates 06/30/2023 Amzn Mktp US Bd4ko0fy3 158.00 101-140-1403-6353 Sloan faucet sensors 07/01/2023 Amazon.Com 3u5865dp3 A 79.08 101-140-1403-6353 Sloan faucet control modules 06/26/2023 Menards Cottage Grove 43.99 101-140-1403-6353 P.D. TV Mount, F.C. misc. parts 07/24/2023 Dollar Tree 8.03 101-140-1404-6211 Hand soap 06/30/2023 Amzn Mktp US Bd4ko0fy3 159.97 101-140-1404-6353 Sloan faucet sensors 07/01/2023 Amazon.Com 3u5865dp3 A 79.08 101-140-1404-6353 Sloan faucet control modules 07/21/2023 Vzwrlss My Vz Vb P 41.12 101-150-1501-6321 Verizon Cell Phones 07/13/2023 Eig Constantcontact.Co 49.40 101-160-1061-6310 Monthly enewsletter subscription 07/08/2023 Amzn Mktp US Uh1nw55z3 49.98 101-160-1601-6217 Wireless Mice 07/06/2023 Amazon.Com 1q1j03ty3 A 89.99 101-160-1601-6217 External Hard Drive 07/16/2023 Comcast Cable Comm 84.90 101-160-1601-6308 Cable 07/25/2023 Centurylink Lumen 88.68 101-160-1601-6321 phone 07/21/2023 Vzwrlss My Vz Vb P 46.12 101-160-1601-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 40.01 101-160-1601-6321 Verizon Air Cards 06/29/2023 Vue Comptia Mrketplce 199.00 101-160-1601-6323 Cyber Security Training 07/09/2023 Amzn Mktp US 3h5hn0gk3 52.96 101-160-1601-6353 Portable battery for forestry ipad who's battery keeps dying + extra cables/tool 06/29/2023 Faxproducts.Com 701.99 101-160-2010-6310 BlackIce Software Annual Subscription 07/24/2023 Amzn Mktp US T66dn2x82 144.89 101-160-3100-6571 Webcam and Tripod for Public Works Training Room Project 07/22/2023 Innovative Office Solu 144.80 101-201-2010-6201 Office supplies - Sgts chair mats 06/27/2023 Innovative Office Solu 206.33 101-201-2010-6201 Supplies - Invest/Patrol flash drives, etc. 07/22/2023 Cub Foods #1635 79.58 101-201-2010-6217 Food for Rivertown Days 07/16/2023 Kwik Trip 24900002493 23.55 101-201-2010-6217 20 lb propane tank exchange for gas grill. I no longer have the receipt. 06/30/2023 Wm Supercenter #1472 59.35 101-201-2010-6217 July 4th Parade Candy 07/07/2023 Att Court Order Chgs 70.00 101-201-2010-6311 AT&T Tower dump for investigation (23000602) 07/21/2023 Vzwrlss My Vz Vb P 1,433.08 101-201-2010-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 798.75 101-201-2010-6321 Verizon Air Cards 07/24/2023 Usps Po 2642300046 4.75 101-201-2010-6322 Postage for Urine Kit - 23-001188 07/06/2023 The Ups Store 4008 13.35 101-201-2010-6322 Shipping of radar equipment for repair 07/05/2023 Bca Training Education 75.00 101-201-2010-6323 DMT Recertification Training for Ofc. Young 07/05/2023 All, Inc. Saint Paul,386.00 101-201-2010-6520 Refrigerator return/restocking fee. original payment paid through AP for $3,239. Restocking fee. 07/21/2023 Animal Emergency Ref 314.52 101-201-2219-6231 AERC eye appt follow up 07/12/2023 Hudson Road Animal Hos 138.27 101-201-2219-6231 eye appt at Hudson Road 07/02/2023 Atlas Pet Supply - Sti 109.99 101-201-2219-6231 Dog food 07/07/2023 Department Of Labor An 1,271.99 101-230-2301-2015 June Bldg permit surcharge 07/21/2023 Vzwrlss My Vz Vb P 82.24 101-230-2301-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 225.06 101-230-2301-6321 Verizon Air Cards 06/28/2023 Kwik Trip 48100004812 375.00 101-230-2301-6354 carwashes- 2nd page of upload 07/13/2023 Amazon.Com Rb0543nj3 77.73 101-300-3100-6204 Survey Paint 06/27/2023 Menards Cottage Grove 38.57 101-300-3100-6204 Survey Lath 07/20/2023 Amzn Mktp US Ti0bt2m63 102.81 101-300-3100-6221 Seat Cover and Center Console for Converted Police Car Taken by Engineering 07/21/2023 Vzwrlss My Vz Vb P 41.12 101-300-3100-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 40.01 101-300-3100-6321 Verizon Air Cards 07/14/2023 Wpy American Public Wo 1,717.16 101-300-3100-6323 APWA Leadership Academy - Part 1 07/06/2023 Amzn Mktp US S22rz5ka3 24.41 101-301-3200-6217 Block Heater, Garage Door Remotes 07/21/2023 Vzwrlss My Vz Vb P 32.26 101-301-3200-6321 Verizon Cell Phones 07/10/2023 Tennis Sanitation Llc 118.83 101-401-5001-6311 garbage/recycle 07/25/2023 Fleet Farm 6500 21.87 101-401-5002-6240 hard hat 07/13/2023 Amzn Mktp US Re8pw9ds3 181.32 200-401-4440-6214 wiffle ball supplies 07/10/2023 Amzn Mktp US 817l47gl3 361.85 200-401-4440-6214 wiffle ball supplies 07/23/2023 Coborns Superstore 46.29 200-401-4440-6217 supplies 07/21/2023 Vzwrlss My Vz Vb P 73.38 200-401-4440-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards 07/26/2023 Amzn Mktp US T63ob8v91 186.93 200-401-4440-6356 garbage grabbers Credit Card Purchases July 2023 VIII-01 07/15/2023 Spotify 10.70 200-401-4440-6433 music for events 07/07/2023 Dept Of Agriculture 104.29 200-401-4440-6433 Retail Food Handler License 07/26/2023 Wm Supercenter #1472 42.40 200-401-4440-6494 rec+art+pd supplies 07/21/2023 Pop Up Party Rental 324.53 200-401-4440-6494 program inflatable 07/06/2023 Paypal Balloonart 450.00 200-401-4445-6319 balloon art 07/02/2023 Amzn Mktp US 0e4748313 426.72 200-401-4445-6319 stanchions for event safety 07/21/2023 Wal-Mart #1472 174.84 200-401-4453-6214 Wiffle Ball supplies 07/16/2023 Amzn Mktp US Ap3t709t3 36.99 200-401-4453-6214 Wiffle Ball supplies 07/10/2023 Amzn Mktp US Tv1vp8c83 73.98 200-401-4453-6214 Wiffle Ball supplies 06/27/2023 Dominos 1967 371.91 200-401-4454-6214 pizza 07/21/2023 Hometown Ace Hardware 17.98 200-401-4460-6450 Spray Paint 07/21/2023 Hometown Ace Hardware 17.98 200-401-4460-6450 spray paint 07/18/2023 Wm Supercenter #1472 116.16 201-401-4240-6211 locker room floor scrub brushes 07/13/2023 American Floor Mats 300.56 201-401-4240-6214 mat for water fitness 07/12/2023 The Lifeguard Store, I 38.00 201-401-4240-6218 whistles 07/19/2023 Sq Moseng Locksmithin 5.98 201-401-4240-6221 key 07/18/2023 Grainger 20.84 201-401-4240-6221 brush head replacement 07/26/2023 Anchor Industries Inc 1,746.51 201-401-4240-6353 tarps for funbrellas 07/20/2023 Bulk Bookstore 169.50 201-401-4242-6217 books for Swim lessons 07/21/2023 Cub Foods #1635 29.38 201-401-4246-6254 cake for bday 07/20/2023 The Webstaurant Store 108.46 201-401-4246-6254 slushy flavoring 07/14/2023 Cub Foods #1635 42.92 201-401-4246-6254 cake, hot dogs, buns 07/01/2023 Cub Foods #1635 -17.00 201-401-4246-6254 refund for being overcharged for a cake 07/01/2023 Cub Foods #1635 24.99 201-401-4246-6254 cake 06/28/2023 Cub Foods #1635 24.99 201-401-4246-6254 cake for b-day 07/13/2023 Wm Supercenter #1472 88.17 213-210-2100-6211 Cleaning supplies for station 07/20/2023 M&h #30 12.72 213-210-2100-6212 Non-oxygenated fuel for UTV 07/25/2023 Carbones Pizzeria - Ha 243.78 213-210-2100-6217 Food for EWD exercise 07/25/2023 Wal-Mart #1472 49.98 213-210-2100-6217 Supplies for EMD decon drill 07/18/2023 Wm Supercenter #1472 246.34 213-210-2100-6217 Station supplies 07/04/2023 Wal-Mart #1472 48.68 213-210-2100-6217 Candy for the 4th of July parade. 07/12/2023 Dps Firefighter Licens 75.00 213-210-2100-6311 FF license for Mason Johnson 07/06/2023 Dps Firefighter Licens 100.00 213-210-2100-6311 Renew firefighter licenses 07/05/2023 Dps Firefighter Licens 750.00 213-210-2100-6311 Renew firefighter licenses 06/30/2023 Dps Firefighter Licens 1,500.00 213-210-2100-6311 Renew firefighter licenses 07/21/2023 Vzwrlss My Vz Vb P 96.78 213-210-2100-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 500.14 213-210-2100-6321 Verizon Air Cards 07/24/2023 Nfpa Natl Fire Protect 80.15 213-210-2100-6323 NFPA 1582, 2022 Print 07/19/2023 Amzn Mktp US No31x3753 101.81 213-210-2100-6323 Book for Kaitlin's fire class 07/16/2023 Camp Ripley Billet Fun 170.00 213-210-2100-6323 Lodging for MN State Fire Marshal Code Academy 07/16/2023 Camp Ripley Billet Fun 170.00 213-210-2100-6323 Lodging for MN State Fire Marshal Code Academy - D. Latch 07/14/2023 Minnesota State Colleg 750.00 213-210-2100-6323 Registration for Kaitlin's FAO class 07/14/2023 Emsrb Service Fee 2.15 213-220-2200-6433 Service fee for education program renewal application 07/14/2023 J2 Efax Corporate Svc 139.95 213-220-2200-6433 Faxing service used to fax EMS reports to receiving hospitals 07/14/2023 Mn Ems Reg Board 100.00 213-220-2200-6433 Fee for education program renewal application 07/20/2023 Cub Foods #1635 70.26 221-201-2021-6450 Food/Gatorade for Reserves - Rivertown Days 06/30/2023 Kahler Grand Hotel 360.38 407-180-1502-6323 Lodging - Menke - MN Econ Dev Assoc Conference 07/13/2023 Menards Cottage Grove 8.50 407-180-1502-6331 Makers Market - Sign Posts 07/07/2023 Vistaprint 22.49 407-180-1502-6350 Printing - Makers Market 07/21/2023 Vzwrlss My Vz Vb P 129.55 407-180-6003-6321 Verizon Cell Phones 07/06/2023 Dakota County 125.00 483-300-3630-6311 Right of Way Permit - CSAH 46 Traffic Control 2023 Recon 07/13/2023 At-A-Glance Us 32.14 600-300-3300-6217 2024 Daily Planner Calendar (Early Bird Price) 07/21/2023 Vzwrlss My Vz Vb P 82.24 600-300-3300-6321 Verizon Cell Phones 07/12/2023 Vzwrlss My Vz Vb P 295.14 600-300-3300-6321 Verizon Air Cards 07/12/2023 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards 07/19/2023 Amzn Mktp US Ik9ct0x63 140.26 600-300-3300-6354 Bluetooth Speakerphone 07/06/2023 Amzn Mktp US S22rz5ka3 90.46 601-300-3400-6353 Block Heater, Garage Door Remotes 07/18/2023 Menards Cottage Grove 150.31 601-300-3400-6357 Sump Pump 07/19/2023 Menards Cottage Grove 51.41 601-300-3400-6580 Burlap, Bonding Cement, Blade, Rubber float 07/12/2023 Sp Sparx Hockey 489.92 615-401-4103-6210 Sparx Skate Sharpener Supplies/Sparx Skate Sharpener 07/27/2023 Lighting Supply 85.03 615-401-4103-6217 Photocell Sensors for exterior lights 07/21/2023 Smartsign -20.78 615-401-4103-6217 Tax refund 07/18/2023 Smartsign 312.49 615-401-4103-6217 Fire Lane/Handicapped parking/snow signs 07/12/2023 Sp Sparx Hockey 1,059.98 615-401-4103-6580 Sparx Skate Sharpener Supplies/Sparx Skate Sharpener TOTAL 26,866.71 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 801.02 SEP LIFE INS PREMIUM 62.49 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 3,555.16 SEP 2023 DENTAL PREMIUM 256.50 MISCELLANEOUS V LIEN, THOMAS/ELIZABE 1 -01492 50.00_ TOTAL: 4,725.17 NON-DEPARTMENTAL GENERAL USS MN V MT LLC JULY HUBERS SOLAR GARDEN 13,898.62 USS MN VII MT LLC JULY WILDCAT SOLAR 1,893.12 JULY WILDCAT SOLAR 8,488.76_ TOTAL: 24,280.50 COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 34.30_ TOTAL: 34.30 ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 22.10 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 4.90 FOTH INFRASTRUCTURE & ENVIRONMENT, LLC PROFESSIONAL SVC THRU 6/30 9,438.41 PROFESSIONAL SVC THRU 7/31 4,162.44_ TOTAL: 13,627.85 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 14.19 SEPT 2023 LTD PREMIUM 49.20 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 14.70 SEP LIFE INS PREMIUM 4.17_ TOTAL: 82.26 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 66.67 AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 11.00 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 4.90_ TOTAL: 82.57 LEGAL GENERAL RATWIK, ROSZAK & MALONEY, P.A. JULY LEGAL SERVICES 258.00_ TOTAL: 258.00 FACILITY MANAGEMENT GENERAL BRIKK MECHANICAL LLC. F.D. INSTALLED WATER COOLE 420.00 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 13.31 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 4.17 HASTINGS FIRE & SAFETY POLICE DEPT FIRE EXT INSPE 351.75 FIRE DEPT FIRE EXT INSPECT 289.00 CITY HALL FIRE EXT INSPECT 154.50 COLD STORAGE FIRE EXT INSP 17.00 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 82.22 JULY 2023 FUEL 40.23 ECOLAB PEST ELIMINATION DIVISION C.H. PEST CONTROL 155.35_ TOTAL: 1,527.53 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 19.89 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 4.90 DAKOTA COUNTY PROPERTY RECORDS RECORDING - ORDINANCE 46.00_ TOTAL: 70.79 I.T. GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 53.91 FOXIT CORPORATION FOXIT COTERM MTC (1 LICENS 15.65 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 14.70_ TOTAL: 84.26 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ POLICE GENERAL DAKOTA COUNTY TREASURER-AUDITOR JULY RADIO LICENSE FEES 1,726.42 DAKOTA COUNTY FINANCIAL SERVICES JULY 2023 FLEET PARTS 1,002.35 JULY 2023 FLEET LABOR 2,481.69 JULY 2023 FLEET GEOTAB TEL 331.50 ANCOM TECHNICAL CENTER, INC. SIREN REPAIR - LAKE ISABEL 668.36 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 667.50 ENTERPRISE FM TRUST ENTERPRISE FLEET MANAGEMEN 442.97 ENTERPRISE FLEET MANAGEMEN 409.04 ENTERPRISE FLEET MANAGEMEN 398.71 ENTERPRISE FLEET MANAGEMEN 520.24 ENTERPRISE FLEET MANAGEMEN 541.29 ENTERPRISE FLEET MANAGEMEN 398.71 GUARDIAN SUPPLY LLC UNIFORM ALLOWANCE- SGT HED 329.98 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 171.54 DIRECT RADAR LLC TRAINING FOR RADAR/LIDAR 500.00 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 4,576.82 JULY 2023 FUEL 4,525.51_ TOTAL: 19,692.63 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 63.10 SEPT 2023 LTD PREMIUM 15.22 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 19.60 SEP LIFE INS PREMIUM 4.90 MISCELLANEOUS V MR. SPARKY REFUND ELECTRICAL E2023-42 82.50 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 199.01 JULY 2023 FUEL 195.19_ TOTAL: 579.52 PUBLIC WORKS GENERAL WSB & ASSOCIATES INC AGOL AND ARCGIS PRO MIGRAT 1,643.50 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 43.91 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 14.95 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 43.04 JULY 2023 FUEL 47.53_ TOTAL: 1,792.93 PUBLIC WORKS STREETS GENERAL WILDSIDE GRAPHIX CITY LOGOS 150.00 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 72.93 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 17.15 CRYSTEEL TRUCK EQUIPMENT RACKS/HARDWARE KITS/BRACKE 649.86 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 5,830.03 JULY 2023 FUEL 3,418.24 NORTHERN SAFETY TECHNOLOGY AMBER MOUNTS, SWITCHES, BE 812.00 SINGLE SWITCH BRACKET 114.84_ TOTAL: 11,065.05 PARKS & RECREATION GENERAL TERRYS HARDWARE, INC. SAW BLADE 24.95_ TOTAL: 24.95 NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 1212 GALLONS OF GAS 4,455.65 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 295.16 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 624.57_ TOTAL: 5,375.38 PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF MATS AND TOWELS 123.58 CENTRAL TURF & IRRIGATION SUPPLY IRRAGATION FITTING 5.47 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE JULY SERVICES 4,075.00 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 158.87 HOMETOWN ACE HARDWARE SHOP SUPPLIES 35.59 BUG KILLER 17.99 SHOP SUPPLIES 52.04 GLOVES 17.98 ANCHORS-PORTA POTTY ENCLOS 48.58 TIE DOWN AND TARP 148.48 ENTERPRISE FM TRUST ENTERPRISE FLEET MANAGEMEN 753.40 ENTERPRISE FLEET MANAGEMEN 753.40 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 53.90 GERLACH OUTDOOR POWER EQUIP ZERO TURN BLADES 138.00 GRAPHIC DESIGN HASTINGS AREA BIRDING GUID 182.00 ENVELOPES 283.00 JIRIK SOD FARM INC 2 PALLETS OF SOD 337.20 1 PALLET OF SOD 168.60 JUDGE APPLIANCE & REFRIG 2 FRIDGES RECYCLED 30.00 MOSENG LOCKSMITHING DOOR FIX AT JMF 332.52 PUMP & METER SERVICE INC GAS & DIESEL PUMP ANNUAL I 380.00 SHERWIN-WILLIAMS PAINT FOR SIGN 124.10 SOLBERG AGGREGATE COMPANY CONCRETE DUMPING 4.72 TERRYS HARDWARE, INC. SUPPLIES FOR VETS DUGOUTS 76.02 SHOP SUPPLIES 55.26 MISCELLANEOUS SUPPLIES 36.30 BEE KILLER 31.74_ TOTAL: 8,423.74 PARKS & RECREATION AQUATIC CENTER INNOVATIVE OFFICE SOLUTIONS, LLC PAPER 23.99 BOX CUTTER 9.12 HORIZON COMMERCIAL POOL SUPPLY CHEMICAL 2,913.30 CHEMICAL 1,890.75 DALCO CAN LINERS, BLEACH 238.46 1ST LINE BEVERAGES INC. SLUSHY FLAVOR 58.75 RECREATION SUPPLY COMPANY LIFEGUARD CHAIRS 33,154.32 SYSCO, MINNESOTA FOOD FOR CONCESSIONS 824.44 FOOD FOR CONCESSIONS 1,179.58 FOOD FOR CONCESSIONS 615.54 FOOD FOR CONCESSIONS 587.01 CREDIT 243.01- FOOD FOR CONCESSIONS 468.94_ TOTAL: 41,721.19 NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 1.70 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 18.40_ TOTAL: 20.10 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 2.50 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 0.74_ TOTAL: 3.24 NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 8.40_ TOTAL: 8.40 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 4.80 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 1.23_ TOTAL: 6.03 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 447.85 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 738.71_ TOTAL: 1,186.56 FIRE FIRE & AMBULANCE DAKOTA COUNTY TREASURER-AUDITOR JULY RADIO LICENSE FEES 1,213.16 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 71.24 HOMETOWN ACE HARDWARE CLAMPS 10.76 NAPA AUTO PARTS HEATER HOSE 28.20 TROPHIES PLUS ACCOUNTABILITY TAGS 75.00 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 21.07 CITY OF INVER GROVE HEIGHTS FF1/HAZ-MAT TRAINING 10,960.00 DAKOTA COUNTY FIRE CHIEFS 2023 ANNUAL DUES 100.00 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 2,536.47 JULY 2023 FUEL 2,667.72 MN FIRE SERVICE CERT.BRD FFII CERT TEST - HAZ MAT T 1,060.50_ TOTAL: 18,744.12 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 289.77 McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 792.19 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 91.63 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 1,049.28 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 594.90 JULY 2023 FUEL 586.31 LINDE GAS & EQUIPMENT INC. OXYGEN 192.52 OXYGEN 183.71_ TOTAL: 3,780.31 NON-DEPARTMENTAL LEDUC HISTORIC EST STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 2.88 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 6.42_ TOTAL: 9.30 LEDUC LEDUC HISTORIC EST SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 2.35 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 0.74 HASTINGS FIRE & SAFETY LEDUC FIRE EXT INSPECTION 178.00 MEDICINE WOOD LLC L.D. WINDOW REPAIR-VANDALI 600.00 L.D. WINDOW ADJUSTMENTS 200.00_ TOTAL: 981.09 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 13.54_ TOTAL: 13.54 ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 32.94 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 8.58 MN POLLUTION CONTROL AGCY HD HUDSON(CONFLUENCE) CLOS 75.00_ TOTAL: 116.52 PUBLIC WORKS 2023 IMPROVEMENTS AMERICAN ENGINEERING TESTING INC 2023 N-HOOD INFRASTRUCTURE 10,905.00 MSA PROFESSIONAL SERVICES, INC. 2023 INFRASTRUCTURE IMPROV 5,390.75 PROF SERVICES 6/25/23 - 7/ 5,355.25 BCM CONSTRUCTION, INC. 2023 INFRASTRUCTURE IMPR P 578,940.10_ TOTAL: 600,591.10 INVALID DEPARTMENT 2024 IMPROVEMENTS MSA PROFESSIONAL SERVICES, INC. 2024-1 FIELD WORK, ETC. 3,181.75 PROF SERVICES 7/25/23 -7/2 4,461.50_ TOTAL: 7,643.25 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 74.79 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 116.53_ TOTAL: 191.32 PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDER 20.00 WSB & ASSOCIATES INC WATER SUPPLY/TREATMENT-PFA 8,319.00 VALLEY CHEVROLET OF HASTINGS, INC. GUARD PKG 63.75 INNOVATIVE OFFICE SOLUTIONS, LLC SURGE, UPS 89.86 SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 74.77 ENTERPRISE FM TRUST ENTERPRISE FLEET MANAGEMEN 667.67 CORE & MAIN LP 1" METERS - METER REPLACEM 9,180.00 METER ADAPTERS 99.00 METER KIT 3" 420.00 METER ADAPTERS - METER REP 198.00 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 27.88 HASTINGS FIRE & SAFETY HFS SVC 10# ABC/SERVICE CA 465.00 LARKIN HOFFMAN DALY & LINDGREN, LTD SERVICES - ASSESS FUNDING 1,647.00 POMP'S TIRE SERVICE, INC. TRUCK #416 483.72 DAKOTA COUNTY TREAS-AUDITOR MAY 2023 FUEL 1,732.74 JULY 2023 FUEL 1,574.27 GRAPHIC DESIGN #9 REPLY ENVELOPES - YELLO 279.00 SHERWIN-WILLIAMS PAINT AND SUPPLIES 94.90 UNLIMITED SUPPLIES INC. CABLE, FUSE HOLDER, GLOVES 370.70_ TOTAL: 25,807.26 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 56.39 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 91.82_ TOTAL: 148.21 PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 53.35 ENTERPRISE FM TRUST ENTERPRISE FLEET MANAGEMEN 676.08 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 19.50 KANE MECHANICAL LLC NEW GENERATOR WORK-WESTWOO 1,145.00 CEMSTONE PRODUCTS CO. WESTWOOD GENERATOR PROJECT 69.00 GRAPHIC DESIGN #9 REPLY ENVELOPES - YELLO 279.00_ TOTAL: 2,241.93 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 90.85 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 146.75_ TOTAL: 237.60 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 55.70 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 16.07 GRAPHIC DESIGN #9 REPLY ENVELOPES - YELLO 279.00_ TOTAL: 350.77 NON-DEPARTMENTAL ARENA METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 208.19_ TOTAL: 208.19 PARKS & RECREATION ARENA SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 33.00 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 9.80 R & R SPECIALTIES, INC. ICE PAINT AND LABOR 2,265.75 BLADE SHARPENING 95.00 TERRYS HARDWARE, INC. BATTERIES, PAINTING SUPPLI 105.44 VIKING ELECTRIC SUPPLY PHOTO CELL 23.25_ TOTAL: 2,532.24 VIII-01 08-24-2023 03:56 PM Council Report AUGUST 29TH PYMTS, 2023 PAGE: 6 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 1.82 METROPOLITAN LIFE INSURANCE CO. SEP 2023 DENTAL PREMIUM 6.42_ TOTAL: 8.24 PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA SEPT 2023 LTD PREMIUM 6.61 STANDARD INSURANCE COMPANY SEP LIFE INS PREMIUM 2.40_ TOTAL: 9.01 MISCELLANEOUS VEHICLE AND EQUIP WILDSIDE GRAPHIX CITY LOGOS 75.00 CRYSTEEL TRUCK EQUIPMENT RACKS/HARDWARE KITS/BRACKE 324.94 NORTHERN SAFETY TECHNOLOGY AMBER MOUNTS, SWITCHES, BE 268.54 CODE 3 RESPONSE INSTALL 13,093.16_ TOTAL: 13,761.64 NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC CONSTRUCTION INSPECT/OBSER 3,576.50 CONSTRUCTION INSPECT/OBSER 433.50 STANTEC CONSULTING SERVICES INC. GENERAL ENGINEERING SERVIC 3,123.00_ TOTAL: 7,133.00 =============== FUND TOTALS ================ 101 GENERAL 77,928.31 200 PARKS 13,799.12 201 AQUATIC CENTER 41,721.19 205 CABLE TV 23.34 210 HERITAGE PRESERVATION 14.43 213 FIRE & AMBULANCE 23,710.99 220 LEDUC HISTORIC ESTATE 990.39 407 HEDRA 130.06 483 2023 IMPROVEMENTS 600,591.10 484 2024 IMPROVEMENTS 7,643.25 600 WATER 25,998.58 601 WASTEWATER 2,390.14 603 STORM WATER UTILITY 588.37 615 ARENA 2,740.43 620 HYDRO ELECTRIC 17.25 703 VEHICLE AND EQUIP FUND 13,761.64 807 ESCROW - DEV/ENG/TIF-HRA 7,133.00 -------------------------------------------- GRAND TOTAL: 819,181.59 -------------------------------------------- TOTAL PAGES: 6 VIII-01 08-30-2023 03:39 PM Council Report SEPTEMBER 6TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ ECONOMIC DEVELOPMENT HEDRA PRECISION LANDSCAPING & CONSTRUCTION LAWN MTC-114 W 5TH ST/410 240.00_ TOTAL: 240.00 =============== FUND TOTALS ================ 407 HEDRA 240.00 -------------------------------------------- GRAND TOTAL: 240.00 -------------------------------------------- TOTAL PAGES: 1 VIII-01 08-30-2023 03:11 PM Council Report SEPTEMBER 6TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM LODGING TAX (6 OF 6 REPORT 7,747.31_ TOTAL: 7,747.31 COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.08_ TOTAL: 8.08 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC OFFICE SUPPLIES - CITY HAL 148.65 CENTURY LINK PHONES 172.79 NINE EAGLES PROMOTIONS NAMETAG-COUNCILMEMBER LAWR 10.00_ TOTAL: 331.44 CITY CLERK GENERAL CENTURY LINK PHONES 24.25 ASL INTERPRETING SERVICES, INC. INTERPRETING SERV-INTERVIE 138.00 GRAPHIC DESIGN RIVERTOWN NEWSLETTER - FAL 1,135.97 RIVERTOWN NEWSLETTER - FAL 2,160.80_ TOTAL: 3,459.02 FINANCE GENERAL CENTURY LINK PHONES 64.68_ TOTAL: 64.68 FACILITY MANAGEMENT GENERAL CENTURY LINK PHONES 116.20 CHARLIE JUDGE JUDGE BOOT REIMBURSEMENT 250.00 DALCO C.H. CLEANING SUPPLIES 182.94 P.D. PAPER TOWELS 336.96 ECOLAB PEST ELIMINATION DIVISION C.H. PEST CONTROL 125.00_ TOTAL: 1,011.10 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 24.25_ TOTAL: 24.25 I.T. GENERAL CENTURY LINK PHONES 24.25 OPG-3 INC. LASERFICHE ANNUAL MAINTENA 6,006.00 SHI INTERNATIONAL CORP O365 ADDITIONAL LICENSES 278.43 SERVER SWITCH LIFECYCLE RE 3,656.00 PARAGON DEVELOPMENT SYSTEMS INC PROF SERVICES FOR O365 PRO 205.00_ TOTAL: 10,169.68 POLICE GENERAL CENTURY LINK PHONES 187.45 DAKOTA ELECTRIC ASSN ELECTRIC 18.19 AXON ENTERPRISE BWC/TASER SPECIAL PURCHASE 11,389.51 XCEL ENERGY EMERGENCY SIREN - LAKE ISA 7.64_ TOTAL: 11,602.79 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 40.42 PHONES 8.08_ TOTAL: 48.50 PUBLIC WORKS GENERAL CENTURY LINK PHONES 40.42_ TOTAL: 40.42 PUBLIC WORKS STREETS GENERAL CENTURY LINK PHONES 142.95 NAPA AUTO PARTS MOTOR RESISTOR - PAIDTWICE 20.42- MUFFLER SEALER - PAID TWIC 6.23- OIL FILTER (GOLD) 24.69 FUSE HOLDER 4.25 CEMSTONE PRODUCTS CO. 80# SM MORTAR S 53.58 VIII-01 08-30-2023 03:11 PM Council Report SEPTEMBER 6TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ _______________ TOTAL: 198.82 PUBLIC WORKS STR. LIGH GENERAL MN DEPT OF TRANSPORTATION TRAFFIC SIGNAL MTC 55@PLEA 369.27_ TOTAL: 369.27 PARKS & RECREATION GENERAL GRAPHIC DESIGN RIVERTOWN NEWSLETTER - FAL 855.83 RIVERTOWN TREE SERVICE LLC HAZARD TREE REMOVALS 1,283.25_ TOTAL: 2,139.08 PARKS & RECREATION PARKS WILDSIDE GRAPHIX FISH WARNING/ADOPT PARK SI 190.00 CENTURY LINK PHONES 230.89 TROPHIES PLUS 5 X 7 BENCH PLATES 160.00 BECKY MAY WILKERSON WILKERSON VOLLEYBALL REF 200.00 BITUMINOUS ROADWAYS INC. TENNIS COURT IMPROVEMENTS 175,560.00 GRAPHIC DESIGN RIVERTOWN NEWSLETTER - FAL 1,384.20 HOISINGTON KOEGLER GROUP TRAIL WAYFINDING SIGN PLAN 4,841.50 MIRACLE RECREATION EQUIPMENT CO. ROADSIDE SLIDE 44,687.35 TIMOTHY TESSIER TESSIER BOOT REIMBURSEMENT 250.00_ TOTAL: 227,503.94 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 164.71_ TOTAL: 164.71 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.08_ TOTAL: 8.08 FIRE FIRE & AMBULANCE CENTURY LINK PHONES 411.77 BENJAMIN FERDERER FERDERER BOOT REIMBURSEMEN 166.49 MASON JOHNSON M JOHNSON BOOT REIMBURSEME 124.95 EMERGENCY APPARATUS MAINT REPAIR ENGINE 4 4,589.10 MACQUEEN EQUIPMENT, INC. FF BOOTS 591.57 REPAIR ENGINE 1 2,571.91_ TOTAL: 8,455.79 AMBULANCE FIRE & AMBULANCE TELEFLEX LLC MEDICAL SUPPLIES 1,115.50 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 132.18 ZOLL MEDICAL CORP MEDICAL SUPPLIES 414.00 MEDICAL SUPPLIES 1,312.04_ TOTAL: 2,973.72 LEDUC LEDUC HISTORIC EST AIM HIGH CONTRUCTION, LLC. L.D. STEPS FOR DAY KITCHEN 1,274.29_ TOTAL: 1,274.29 PARKS & RECREATION PARKS CAPITAL PROJ PIONEER MANUFACTURING CO., INC. GOALS - HASTINGS FOOTBALL 6,800.00 HOISINGTON KOEGLER GROUP JULY SVC - LAKE REBECCA 2,501.50_ TOTAL: 9,301.50 DEBT 2019 GO DEBT U.S. BANK MN GO IMPROVEMENT BONDS 20 550.00_ TOTAL: 550.00 DEBT 2021A GO DEBT U.S. BANK MN GEN OBLIGATION BONDS-20 500.00_ TOTAL: 500.00 NON-DEPARTMENTAL WATER MN DEPARTMENT OF HEALTH MN TESTING FEE - 3RD QUART 18,263.00_ TOTAL: 18,263.00 VIII-01 08-30-2023 03:11 PM Council Report SEPTEMBER 6TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS WATER R J SAYERS DISTRIBUTING PARTS AND LABOR 333.90 THOMPSON, BRYCE THOMPSON JEANS - AMAZON 153.99 THOMPSON -SHIRT- HIGHVISSA 49.00 CENTURY LINK PHONES 134.87 CORE & MAIN LP 15" F&C MK 575.00 DAKOTA ELECTRIC ASSN ELECTRIC 68.62 MCNAMARA WILLIAM MCNAMARA CELL PHONE REIMBU 150.00 VALLEY SALES OF HASTINGS PART 48GHRA 186.00_ TOTAL: 1,651.38 PUBLIC WORKS WASTEWATER DAKOTA ELECTRIC ASSN ELECTRIC 106.03 ELECTRIC 54.33_ TOTAL: 160.36 PARKS & RECREATION ARENA PRO GUARD SPORTS, INC. TAPE, MOUTHGUARDS 397.60 CENTURY LINK PHONES 74.31 HASTINGS FIRE & SAFETY EXTINGUISHER INSPECTION 193.00 BECKER ARENA PRODUCTS,INC GOAL FRAMES 1,200.00 HILLYARD INC CLEANING SUPPLIES 246.16 TERRYS HARDWARE, INC. PROPANE TORCH 38.22 VIII-01 08-30-2023 03:11 PM Council Report SEPTEMBER 6TH PYMTS, 2023 PAGE: 4 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER MYSHIN, HELEN US REFUNDS 302.36 ESTABROOK, STAN/JULIE US REFUNDS 229.18 VERMILLION, RUSSELL L. US REFUNDS 15.75 NOWLAN, MARY US REFUNDS 26.08 POR-MKR REAL ESTATE LLC US REFUNDS 312.18 MADDEN, VIRGINIA US REFUNDS 4.39 SIEBEN, FRANK US REFUNDS 24.02 HAGEN, LESTER US REFUNDS 6.36 GESKE, ERIC US REFUNDS 214.75 DANA, REBBECCA US REFUNDS 10.00 YARD, TOBY US REFUNDS 49.68_ TOTAL: 3,344.04 =============== FUND TOTALS ================ 101 GENERAL 37,214.44 200 PARKS 227,503.94 201 AQUATIC CENTER 164.71 210 HERITAGE PRESERVATION 8.08 213 FIRE & AMBULANCE 11,429.51 220 LEDUC HISTORIC ESTATE 1,274.29 401 PARKS CAPITAL PROJECTS 9,301.50 579 2019 GO DEBT 550.00 581 2021A GO DEBT 500.00 600 WATER 21,109.13 601 WASTEWATER 160.36 615 ARENA 2,149.29 -------------------------------------------- GRAND TOTAL: 311,365.25 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum •All vendors must obtain a vendor license prior to the event, the cost of the licensure is the responsibility of the event organizer or vendor. Licenses can be obtained through the Deputy City Clerk. •American Cancer Society to provide an Insurance Certificate naming the City as an additional insured. •Written confirmation for use of land to host a portion of event activities provided by event coordinator, from private property owner. •Access to and egress from the alcohol service areas must be staffed with private security personnel at all times during service hours. Security personnel need not be uniformed but must wear something that identifies them as SECURITY. Security personnel may be employees of the event’s liquor license or volunteer staff. •Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event staff, attendees, or surrounding community. •Identification checks must be made to ensure with the Minnesota alcohol consumption possession statutes. •Alcoholic beverages are not permitted to leave event boundaries. To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: September 5, 2023 Item: Special Event Designation – Relay for Life Council Action Requested: Designate Relay for Life ‘Party on the River’ as a Special Event coordinated by the American Cancer Society on Saturday, September 23 from 4:00 p.m. –9:00 p.m. Background Information: The American Cancer Society’s event planners are requesting use of the Rotary Pavilion, Amphitheater and surrounding area at Levee Park to host a Relay for Life event, ‘Party on the River’ encompassing a similar footprint that was approved in 2022. The event will include: live music, food & beer tent, luminary bags, kids’ activities, & silent auction. Anticipated attendance is 300 people. The application and event map are included for City Council review. Since 2017, the American Cancer Society has held their Relay for Life event at Levee Park and it has been a success. City Staff are supportive based on the following conditions: VIII-02 •On the attached map, event organizers indicate the Relay for Life walk utilizing a portion of the Mississippi River Trail. The trail will remain open to the public and walkers will be in small sporadic groups, allowing for regular use of the Trail. •City restroom facilities will remain open but will not be staffed by City personnel. Staff will clean restroom facilities prior to the event and provide a key to event representative for stocking bathroom supplies as needed. •Portable toilets are recommended to be placed on-site to alleviate over-use of the indoor bathrooms. •Event organizers are required to work with a hauler for trash and recycling containers on-site. Containers must be paired side-by-side and visually labeled as Trash and Recycling. All garbage generated from the event will be hauled off site by event organizers in coordination with their hauler. •Any tent or additional “structures” used within the park will need to be anchored with weights. No stakes due to underground irrigation and bedrock. •Decorations must be adhered with rope, zip ties or other materials that does not leave a mark on the facilities. •No unauthorized vehicles on City trails or parked in Levee Park. •All event supplies and equipment will be removed by event organizers directly following the end of the event. •Event organizers agree the site will be left in at least the condition it was pre- event. •Any other reasonable conditions as determined by staff to ensure a successful event. Financial Impact: This event, although requesting designation as a Special Event, will also be subject to a Park Rental Fee in accordance with the City’s fee schedule for exclusive use of areas. •Rotary Pavilion, Amphitheater and surrounding area: $300.00 •Labyrinth area: $35.00 •Total Charges: $335.00 Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪Relay for Life - Special Event Permit Application ▪Relay for Life – Event Map VIII-02 Special Event Permit Application Page 1 of 10 Special Event Permit Application Parks & Recreation Department 920 10th Street West Hastings, MN 55033 651-480-6175 A Special Event Permit is required for events who wish to exclusively use City Property and/or require City services to ensure safety and coordination. A Special Event is defined as any race, concert, community celebration, fundraiser, dance, car show, large assembly, or other Special Event on City property that has received City Council approval. Please see our Special Event Policy for additional information at www.hastingsmn.gov APPLICATION CHECKLIST: Application must be submitted at least sixty (60) days prior to the event. It is our goal to provide event organizers guidance in planning safe and successful events.  Special Event Permit Application  Site Map of Proposed Areas of Impact ▪ Run/Walk Routes, Parade Routes, Downtown Event, Concert/Performance Staging, etc.  Certificate of Insurance ▪ Please see section regarding insurance on page 8. APPLICATION PROCESS:  Submit the completed application packet to the Parks & Recreation Department.  Allow 14 business days after application has been received for review.  If additional information is required, the applicant will be contacted by City Staff.  Once initial review is complete, all supporting documents must be submitted by event organizer.  Once all queries are concluded, the application must go before City Council for final approval.  Throughout the City Staff review process, the Event Coordinator will work with the Deputy City Clerk for additional required licensing in conjunction with the event. CONTACT INFORMATION: Paige Marschall Bigler, Recreation Programming Specialist pmarschall@hastingsmn.gov 651-480-6182 - Special Event Application - Park Rentals Emily King, Deputy City Clerk eking@hastingsmn.gov 651-480-2343 - Additional Licensing - Mobile Food Units, Temporary Liquor Licensing, Temporary Gambling Licensing, Temporary Vendors VIII-02 Special Event Permit Application Page 2 of 10 Organization Information (if applicable) Organization: Primary Phone Number: Website Address: Event Organizer Name and Title: Mailing Address: Primary Phone Number: Email Address: On-Site Contact: Primary Phone Number: Email Address: General Event Information Event Name: Type of Event: Race/Run/Walk Downtown Event Concert/Performance Fundraiser Other: ______________________________________________________________________________ Event Description in Detail: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ Is this an annual event? ______ Yes _____ No Is this a multi-day event? ______ Yes _____ No Event Start Date: _________________________ Event End Date: ____________________________ Is the event open to the public or private? Public Private VIII-02 Special Event Permit Application Page 3 of 10 Is there an admission fee? ______ Yes ______ No What is the anticipated attendance? What was the previous year’s attendance? Where will the event be located? ___________________________________________________________________________________________ ___________________________________________________________________________________________ A Park Rental Permit is required for events located within a City Park. Contact the City of Hastings Parks and Recreation Department for park facility availability information: 651-480-6175. Event Set-Up and Tear Down How many days will your organization require to: Set-Up: ____________ Tear Down: _____________ Event Set-Up Date: __________________________ Event Set-Up Time: __________ to ___________ Event Start Date: ____________________________ Event Start Time: _______________ Event End Date: ____________________________ Event End Time: _______________ Event Tear Down Date: ______________________ Event Tear Down Time: _________ to __________ Staging Details The following items will be used at the event (please mark all that apply): Amplified Sound / Music / Live Entertainment Tents/Canopies Stage(s) Parking Details Please describe Public Parking Arrangements for attendees, staff & volunteers. (Please indicate location(s) on Site Plan / Map) __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Other ____________________________________________________________________________ If any of the above items will be used, please indicate their location on your attached Site Plan / Map. Use of the above items may require the Event Organizer to meet ADA Regulations. VIII-02 Special Event Permit Application Page 4 of 10 Portable Restrooms Event Organizers are responsible for the event cleaning of existing on-site portable restrooms as well as the rental and fees associated of any additional portable restrooms and/or hand-washing stations with a vendor of their choice to support their event. Use of these items may require the Event Organizers to meet ADA Regulations. (Please indicate locations(s) of portable restrooms on Site Plan / Map) Company Name: Contact Phone Number & Email: Waste Removal Event Organizers are responsible for arranging the removal of all waste related to the event and related fees. This includes but is not limited to, emptying of trash bins and removal of waste from the event site. Event organizers must work with a vendor to support their event. (Please indicate locations(s) of waste removal bins on Site Plan / Map)  All paper and cardboard, cartons, glass bottles and jars, metal cans, and plastics labeled #1, #2 and #5 must be properly sorted and placed in conveniently located recycling containers (within 10 feet of trash containers).  The City of Hastings has portable recycling and trash containers that can be checked out free of charge.  Educate all event staff, volunteers, event vendors, and housekeeping/custodial contractors using the enclosed Recycle Right Guide. Company Name: Contact Phone Number & Email: Organics 1. Will the event have at least 300 attendees? ______ Yes ______ No 2. Will the event generate at least 1 ton (8 cubic yards) of trash per location (e.g. each sporting tournament location?)? ______ Yes ______ No 3. Will the event generate food scraps back-of-house (e.g. non-public food-prep areas)? ______ Yes ______ No What will vendors use for back-of-house food scraps collection? Dakota County has collection resources available. How are food scraps collected from vendors for delivery to an organics facility? If yes to all three organics criteria, the event is required to collect food scraps. Please contact the Solid Waste & Recycling Coordinator, Violet Penman, violet.penman@rosemountmn.gov or 612-268-9097 to discuss the following: VIII-02 Special Event Permit Application Page 5 of 10 Fire Department Services Event Organizers are responsible for coordinating event safety and emergency coverage with the Hastings Fire Department. The Fire Department will determine if and how many fire resources will be required at an event. All Fire Department costs associated with the event are at the responsibility of the event organizer. Event will include tents and/or canopies:  Tents and Canopies over 200 square feet  Other _______________________________________________________________________ Event will host the use of:  Fireworks/Pyrotechnics (a firework display permit is required)  Other _______________________________________________________________________ Police Department Services Event Organizers are responsible for coordinating event security and emergency coverage with the Hastings Police Department. The Police Department will determine if and how many police resources will be required at any event. All Police Department costs associated with the event are at the responsibility of the event organizer. Event will require traffic control:  Event ingress/egress  Street Closures  Other _______________________________________________________________________ Notice of Temporary Street Closure The City of Hastings requires that all affected residents/businesses both on adjacent to a proposed street closure be notified of such a street closure. A notification letter may be required to be sent to businesses and residents in the affected event areas. Site Plan / Map Instructions All site plans/maps must be submitted along with the application. • Site plans/maps must include a directional sign showing North, South, East, and West. • Site plans/maps must also include a key showing the use of symbols for people, vehicles, tent(s)/canopies, stage(s), platform(s), barricades, Mobile Food Unit and Vendor staging, Portable Restrooms, Waste Collection, etc. • Site plan/map should also show any proposed signage. VIII-02 Special Event Permit Application Page 6 of 10 Street Closures Please keep in mind that streets/sidewalks must be closed from intersection to intersection; street cannot be closed mid-block. Event Organizer is responsible for posting Temporary ‘No Parking’ signs according to requirements. Please list the streets/sidewalks, from intersection to intersection; you are requesting to close for your event. Your Site Plan/Map must show all streets and closures. Street closures are subject to review and approval by the Hastings Police and Public Works Departments. Space is provided for four (4) entries. If you need more space, please attach an additional sheet of paper with the requested information. (1) Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (2) Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (3) Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ (4) Street Name: _________________________________________________________________ From (cross street): ____________________________________________________________ To (cross street): ______________________________________________________________ Type of Closure: Street Closure Sidewalk Closure Closure Start Date: ________________________ Closure Start Time: _______________ Closure End Date: _________________________ Closure End Time: _______________ VIII-02 Special Event Permit Application Page 7 of 10 Barricade Equipment Does the Host Organization have its own barricade equipment? Yes No If not, please indicate how the Host Organization will meet all required barricade requirements. *The companies listed below are barricade providers and not recommendations of the City* Host Organization will rent barricade equipment from a private company from the list below. (In alphabetical order) Host Organization will set-up and tear down barricade equipment. Private company will set-up and tear down barricade equipment. Geyer Signal https://www.constructionequipme nt.com/company/geyer-signal-st- cloud-inc Phone: 320-253-9005 4205 Roosevelt Road St. Cloud, MN 56301 Safety Signs of MN https://www.safetysigns- mn.com/ Phone: 952-469-6700 19784 Kenrick Avenue Lakeville, MN 55044 Warning Lites https://www.warninglitesmn.com/ Phone: 612-521-4200 4700 Lyndale Avenue North Minneapolis, MN 55430 Miscellaneous _____ The event organizer(s) will be applying to serve intoxicating liquor. ➢ Please complete the supplemental form on page 9. _____ The event organizer(s) will be applying for a temporary gambling permit. _____ This event will have vendors selling goods, wares, products, merchandise, etc. _____ This event plans to have a petting zoo, pony rides, etc. ➢ Please indicate the location on the Site Map. It will also be required that the event provides a portable hand-washing station. VIII-02 Special Event Permit Application Page 8 of 10 Indemnification Agreement Host Organization and/or Event Organizer agree, in consideration of the granting of this application and Special Event Permit for: ___________________________________ to be held on ______________________________________ Event Name Event Date(s) by ___________________________________ of ____________________________________________ Event Organizer/Primary Applicant Host Organization Host Organization and/or Event Organizer(s) hereby agrees to defend, indemnify and hold harmless the City of Hastings (“City”), and the City’s employees, officers, managers, agents, council members, and volunteers from and against any and all losses, damages, claims for damage, liability, lawsuits, judgement expense and cost(s) however caused, resulting from, arising out of, or in any way related to the Applicant’s event as herein described, from any injury of death to any person or damage to any property including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, costs and expert fees) arising out of or attributed to the issuance of Applicant’s Special Event Permit regardless of where the injury, death, or damage may occur, unless injury, death, or damage is caused by the sole negligence of willful misconduct of the City. Nothing in this Agreement is to be construed as a waiver by the City of any immunities, defenses, or other limitations on liability to which the City is entitled to by law, including, but not limited to, the maximum monetary limits on liability established by Minnesota Statutes, Chapter 466. Host Organization and/or Event Organizer(s), at their sole cost and expense, agrees that it will maintain in full force and effect, for the duration of the event and term of this Agreement, liability insurance with a minimum per occurrence liability limit of $2,000,000. The City must be named as an additional insured on the insurance policy, and the policy must contain a stipulation that the Applicant’s insurer will provide ten (10) days’ prior written notice to the City of a cancellation of the required insurance policy. The insurance shall be carried by a solvent and responsible insurance company that is licensed to do business in the State of Minnesota. A certificate of insurance, signed by the authorized representative of the insurance company, evidencing compliance with the required liability insurance amount must be provided to the City by the Applicant prior to the event. The City reserves the right to modify the insurance requirements at its sole discretion based on the nature and scope of the Applicant’s proposed event. _____________________________ __________________________________ Print Name Title ________________________________ ___________________________________ Signature Date VIII-02 Special Event Permit Application Page 9 of 10 Applicant Agreement Please read each statement. Initialing next to each statement indicates your understanding and agreement ot the statement. _____ Host Organization and/or Event Organizer(s) agrees upon request to provide a Liability Insurance Certificate providing evidence of general liability insurance coverage in a minimum of $1,000,000 combined single limit and a minimum $2,000,000 aggregate limit, If food or non- alcoholic beverages are sold or provided at the event the insurance policy shall also include an endorsement for product liability in an amount not less than $1,000,000. _____ Host Organization and/or Event Organizer(s) agrees, upon request, to submit a Security Plan setting forth the proposed security measures to be taken to protect the health, safety, and welfare of the participants, spectators, bystanders, and passerby. This plan will be reviewed by the Hastings Police Department who may require alterations to the plan. Security measures may include but are not limited to the hiring of Hastings Police Officers at the expense of the Event Organizer. _____ Host Organization and/or Event Organizer(s) agrees, upon request, to provide a copy of their Determination Letter, as issued by the Internal Revenue Service of the United States, if the application is made on behalf of any organization representing iteself as a tax-exempt, non-profit and/or charitable organization. _____ Host Organization and/or Event Organizer(s) agrees to notify all residents and businesses that will be affected by street/sidewalk closures and/or amplified sound. _____ Host Organization and/or Event Organizer(s) agree to supply ‘No Parking’ signs, barricades, cones, and/or warning signs and to situtate them in such a position that the street closure may be maintained in a safe and orderly manner. _____ Host Organization and/or Event Organizer(s) agree to work with City Staff to ensure appropriate licensure is completed for the event including: Park Rental(s), Mobile Food Units, Vendors, Intoxicating Liquor, Temporary Gambling, etc. _____ Host Organization and/or Event Organizer(s) agree that any false statement or material misrepresentation made in support of this application and permit is cause for denial of issuance of a Special Event Permit. Applicant also agrees that failure to adhere to the policies and procedures established by the City of Hastings or any conditions or restrictions imposed upon the permit by the City of Hastings, is cause for revocation of the Special Event Permit. By signing below, Host Organization and/or Event Organizer indicate understanding and agreement to the above statements. ________________________________ ________________________________ Print Name Title ________________________________ ________________________________ Signature Date VIII-02 Special Event Permit Application Page 10 of 10 SUPPLEMENTAL INTOXICATING LIQUOR FORM PLEASE COMPLETE IF INTOXICATING LIQUOR WILL BE SERVED AT THE EVENT Intoxicating Liquor (please check one) An establishment within the City of Hastings holding an active Caterer’s Permit will be providing and serving liquor. - The establishment must provide a current copy of their certificate of insurance including sales off premises. The City of Hastings must be listed as additional insured. - Please note if an establishment plans to serve liquor under their caterer’s permit, they must also serve food at the event. Establishment / Permit Holder: __________________________________________________ A Temporary Intoxicating Liquor License will be requested. - Only issued to charitable, religious, or nonprofit organizations in existence for at least three (3) years. - Application must be submitted at least 60 – days prior to the event. - Must be approved by City Council. - Liquor Liability insurance is required. Additional information listed below. Special Event Liquor License Requirements 1. Area. Alcohol may be served by the Applicant within the Premises, at a location designated on the site map attached to the application. Liquor shall be confined to a specified area and the applicant must provide delineation and signage stating “No Alcohol Beyond This Point” between the specified area and the additional event space to discourage taking alcohol outside of the specified area. 2. Compliance Inspection. The applicant acknowledges that as a liquor license holder for the event, it is subject to Hastings City Code §111.13, subd. B, subd. 6, which authorizes that all premises from which intoxicating liquor is offered at on-salt, are subject to inspection for alcohol compliance by any peace officers or health officers. 3. Identification Bracelets. The applicant shall provide at no charge liquor identification bracelets in the area as required by City Staff. The applicant will permit no one to consume liquor unless they are wearing an identification bracelet, and will be responsible for the issuance of bracelets. The bracelets will be issued only to those who are legally entitled to consume intoxicating liquor. 4. Insurance. The City requires any function selling / serving intoxicating liquor through a temporary liquor license must provide Liquor Liablity insurance for the day(s) of the event in the form and amounts as required by M.S. §340A. Proof of insurance must include the use of the facility or any parking lot used for alcohol service. The certificate must list the City of Hastings as an additional insured. 5. Law Enforcement Officer. The Police Department will determine if and how many police resources will be required at any event. All Police Department costs associated with the event are at the responsibility of the event organizer. 6. Exclusions. Glass beverage containers are not allowed within City Parks. VIII-02 VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: September 5, 2023 Item: Special Event Designation – Mainstreet Market Council Action Requested: Designate the Mainstreet Market coordinated by the Downtown Business Association (DBA) on Saturday, September 30th 9:00 a.m. – 5:00 p.m. as a Special Event. Background Information: DBA is requesting to hold a Mainstreet Market on 2nd Street East, Oliver’s Grove Park and Oliver’s Grove Parking Lot on Saturday, September 30, 2023 from 9:00 a.m. – 5:00 p.m. This is a free event and open to the public. DBA expects 500 attendees. Activities include: vendors, games and a DJ. City Staff are supportive of the event with the following conditions: •Event staff must properly sign all parking lots and streets utilized: o 'No Parking' signage posted 24 hours in advance on 2nd Street East at 201, 202, 212, 213 and 216 addresses. 2nd Street East road will remain open. o ‘No Parking’ sign posted 24 hours in advance on Ramsey Street next to Oliver’s Grove Park for Schoolhouse Scoop truck. o 'No Parking' signage posted 72 hours in advance within Oliver’s Grove Parking lot for seasonal makers. •Event organizers are responsible for the placement and removal of signage. •Tent or additional “structures” used will need to be anchored with weights. •Event organizer to provide a Certificate of Insurance, listing the City of Hastings as additionally insured. •All vendors must obtain proper permits or licenses from the Deputy City Clerk. Vendors must submit their applications at least 10 business days in advance of the event. •All event supplies and equipment will be removed by event organizers directly following the end of the event. •Event organizers agree the site will be left in at least the condition it was pre-event. •Any other reasonable conditions as determined by staff to ensure a successful event. Financial Impact: This event, although requesting designation as a Special Event, will also be subject to a Park Rental Fee a form submission in accordance with the City’s fee schedule for exclusive use of areas. •Oliver’s Grove Park Rental – $40.00 (tax exempt) Advisory Commission Discussion: VIII-03 n/a Council Committee Discussion: n/a Attachments: ▪ DBA Mainstreet Market - Special Event Permit Application ▪ DBA Mainstreet Market – Map VIII-03 VIII-03 VIII-03 VIII-03 VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: September 5, 2023 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $200.00, made to the Parks and Recreation Department and has designated that this donation be used for Forestry. Background Information: An anonymous donor has made this donation to be used a for Forestry. Financial Impact: Increase the Parks and Recreation donation account by $200.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, an anonymous donor has presented to the City Parks & Recreation Department a donation of $200.00 and has designated that this donation be used for Forestry; and WHEREAS, the City Council is appreciative of the donation and commends this anonymous donor for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for Forestry. Adopted this 5th day of September, 2023 ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: September 5, 2023 Item: Authorize Signature: Dakota County CDBG Subrecipient Agreement Council Action Requested: Authorize signature of the attached Dakota County Community Development Block Grant (CDBG) Subrecipient agreement for the use of federal CDBG funding. The agreement is valid from July, 2023 to June 2026. A simple majority of Council is necessary for action. Background Information: The agreement outlines certain rules and laws for the use of CDBG funding. Dakota County allocates a portion of the CDBG funding from the US Department of Housing and Urban Development (HUD) directly to cities. Hastings has generally used funding to provide assessment abatement for City projects. Financial Impact: The annual CDBG allocation via Dakota County is $75,065. Advisory Commission Discussion: N\A Council Commission Discussion: N\A Attachments: • Subrecipient Agreement VIII-5 Page 1 of 46 Assistance Listing 14.218 SUBRECIPIENT AGREEMENT BETWEEN DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF HASTINGS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAMS THIS AGREEMENT entered into this _____ day of ____________, 2023 by and between the Dakota County Community Development Agency (herein called the “Grantee”) and the City of Hastings (herein called the “Subrecipient”), which pertains to a time period that begins and ends as identified in Section I of this Agreement based on each year’s Funding Approval/Agreement (Exhibit B) approved by the U.S. Department of Housing and Urban Development (“HUD”), which identifies July 1 as the date use of funds may begin; and WHEREAS, the Grantee is the administering agency for funds received from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383, to Dakota County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subrecipient agree as follows: I. TIME OF PERFORMANCE. Services of the Subrecipient shall start on the first day of July 2023 and end on the last day of June 2026, which is the current Fiscal Year 2023, Fiscal Year 2024, and Fiscal Year 2025 corresponding with the applicable approved Dakota County HOME Consortium Consolidated Plans, and the 3-year term associated with the CDBG, HOME and ESG Cooperative Agreement for Fiscal Years 2023, 2024, and 2025. This Agreement and the provisions herein remain in effect until it is replaced by a subsequent Subrecipient Agreement. II. SCOPE OF SERVICES. The Subrecipient agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. A. Activities. The Subrecipient will be responsible for the administration of Activities identified in Exhibit A, in a manner satisfactory to the Grantee and consistent with any required standards. Exhibit A shall be amended each Fiscal Year in accordance to the Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 2 of 46 i. Prohibited Activities. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; lobbying; political patronage; and nepotism activities. ii. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j)(2), such as worship, religious instruction, or proselytization. Faith-based organizations are eligible, on the same basis as any other organization to participate in CDBG programs and activities in accordance with 24 CFR 5.109(b) and 24 CRF 570.200(j)(1) provided that the organizations do not engage in any inherently religious activities as part of the programs or services supported by CDBG funds. B. National Objectives. The Subrecipient will provide documentation to certify that the Activities carried out with funds provided under this Agreement will meet one or more of the CDBG program’s national objectives, including: (1) benefit low- and moderate-income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. As required in 24 CFR Part 570.200(a)(2) and as defined in 24 CFR Part 570.208 (Exhibit E). C. Use of Funds. The Activities identified in Exhibit A can begin to incur costs no sooner than July 1 of each year or as indicated in Exhibit C. III. FEDERAL COMPLIANCE. The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG including Subpart of these regulations, except that (1) the Subrecipient does not assume the Grantee’s environmental responsibilities described at § 570.604; and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient also agrees to comply with all other applicable Federal regulations and policies enumerated below as they apply to the performance of this Agreement. A. Citizen Participation. Comply with all HUD citizen participation requirements under the Dakota County HOME Consortium Citizen Participation Plan (CPP) and conformance with 24 CFR 91.105. The CPP can be found on the Dakota County CDA website at www.dakotacda.state.mn.us B. Environmental Conditions. Ensure program compliance with the following federal regulations. i. Air and Water. a. Clean Air Act, 42 U.S.C, 7401, et seq.; b. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 3 of 46 c. Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. ii. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). iii. Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. iv. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a Federal, state, or local historic property list. C. Environmental Review. The Grantee shall insure that all Activities comply with environmental review requirements, unless otherwise stated herein. This would include the Grantee’s completion of a study and assessment of each Activity in conformance with the National Environmental Policy Act of 1967. The Subrecipient shall furnish the Grantee a copy of any updated environmental report. D. Acquisition and Relocation. The Subrecipient agrees to comply with all aspects of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 4 of 46 conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. (Exhibit D). E. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7. The Subrecipient is required to insert in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Grantee will be the contact for all contracts subject to such regulations and oversee the implementation of the hour and wage requirements of this part. The Grantee will maintain the documentation that demonstrates compliance. F. Affirmatively Furthering Fair Housing. In accordance with the Fair Housing Act (42 U.S.C. 3601-3620), the subrecipient will administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. G. Build America, Buy America Act. The Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notice, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject by HUD on or after listed effective dates, are subject to BABA requirements, unless excepted by a waiver. H. Equal Opportunity Compliance. The Subrecipient agrees to comply with and to cause its covered contractors and subcontractors to comply with the provisions of Section 3 of the HUD Act of 1968, as amended; Women and Minority Owned Businesses requirements; Federal Equal Employment Opportunity Act, Executive Orders and Civil Rights Act of 1964 as specified in 24 CFR 75. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 5 of 46 i. “Section 3” Clause. The Subrecipient agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG- funded project is located. To the greatest extent feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs, specifically YouthBuild. Award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. To the greatest extent feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs, specifically YouthBuild. The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u and 24 CFR Part 75). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low- income persons residing in the metropolitan area in which the project is located.” ii. Women and Minority Owned businesses (W/MBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty- one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African- Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 6 of 46 minority and female business enterprises in lieu of an independent investigation. iii. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. iv. All other Federal Acts or Regulations and requirements of HUD, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts, and directing government contracts to establish and maintain affirmative action. I. Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds; b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved; c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. J. Compliance with Common Rule and Uniform Administrative Requirements. The Subrecipient shall comply with all applicable requirements at 24 CFR 570.502 and 2 CFR 200. K. Unique Entity Identifier Number Registration and Certification of Non-Debarment. The Subrecipient must have a valid Unique Entity Identifier number and be registered on the Systems for Awards Management website (SAM.gov). The Subrecipient shall maintain its UEI registration for the entire term of this Agreement. The Subrecipient must provide certification regarding debarment, suspension, ineligibility and voluntary exclusion for all covered transactions as listed in Exhibit A. By signing this Agreement, the Subrecipient certifies that it has procedures in place consistent with regulations implementing 2 CFR, Part 2424 and has provided such certification. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 7 of 46 IV. ADMINISTRATIVE REQUIREMENTS A. Records to be Maintained. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii. Records required to determine the eligibility of activities; iii. Records of all program claims and disbursements. The Subrecipient shall prepare a Request for Reimbursement Form (Exhibit G) listing all claims certified and paid by the Subrecipient for Activities and submit this Form to the Grantee iv. Ensure compliance with 3-day rule requirements once funds are received by the Subrecipient from the Grantee. v. Provide the Grantee with information necessary to submit reports as outlined in 24 CFR 570.507. vi. Submit to the Grantee quarterly progress reports of any outstanding Activities. The status report shall be submitted to the Grantee by or before the 30th of October, January, April, and July. B. Record Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to Agreement a period of three (3) years from the date of submission of the final expenditure report or three (3) years after the grant is closed, whichever is longer. Such records shall be made available for audit or inspection at any time upon request of the Grantee or its authorized representative. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues. i. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. ii. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this Agreement, is prohibited. Unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. C. Program Income. The Subrecipient shall report all program income as defined in 24 CFR 570.500(a) generated by activities carried out with CDBG funds. The Subrecipient shall return all program income immediately to the Grantee except for revolving accounts approved by the Grantee. Program income will be disbursed according to the Program Income Policy attached as Exhibit H. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 8 of 46 D. Reversion of Assets. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds under this Agreement at the time of expiration, cancellation, or termination. Any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: i. Used to meet one of the national objectives in 24 CFR Part 570.208 (Exhibit E) until five (5) years after the expiration of this Subrecipient agreement; or ii. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. iii. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. E. Audit. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. i. The Subrecipient shall make available an audit or, upon prior approval by the Grantee, a copy of their financial statements for the fiscal years the grant is in effect. Audits must be performed by a Certified Public Accountant in accordance with generally accepted auditing principles and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200. V. ADMINISTRATION COSTS. In consideration of the prompt and efficient carrying out of the requirements of this Agreement and 24 CFR Part 570, Subpart J, the Subrecipient may request that the Grantee reimburse the Subrecipient based on general administration budgets identified in Section VI. Such administration costs shall come solely from CDBG sources. Accurate records of administrative costs shall be kept by the Subrecipient, and billing shall be made at such times as are convenient to implement the Grantee’s requisition for funds from HUD and no less frequently than quarterly. For the purposes of this Agreement, general administration costs are defined as follows: A. Salary costs actually incurred by the Subrecipient for time expended by its employees on all phases of the activity/project. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 9 of 46 i. Accrual costs such as flex leave/vacation or a severance pool are disallowed and will not be reimbursed. B. Mileage, supplies, and publication costs. C. Proportionate share of allowable overhead expenses figured on time expended basis. D. Costs incurred through attendance at applicable development conferences within the term of this Agreement, including registration fees and travel expenses. Conference attendance shall be for the purpose of gaining additional information on CDBG regulations and/or program activity implementation. VI. BUDGET. This Agreement replaces all previous Subrecipient Agreements and is applicable to prior fiscal year(s) Activities which are not yet completed and to new Activities programmed for CDBG Grant Fiscal Years 2023 through 2025 as outlined in Exhibit A. It is understood that the Funding Approval/ Agreement (HUD 7082) which is attached hereto as Exhibit B is based upon program budgets reflecting actual receipt of CDBG funds from HUD of which a designated portion is allocated to the Subrecipient as the maximum amount available for each Fiscal Year. The annual allocation amount is based on a formula allocation provided by HUD and approved by the Dakota County Board of Commissioners. Some or all of the Subrecipient's total annual allocation will be administered by the Subrecipient and is covered by this Agreement. VII. OBLIGATIONS AND RESPONSIBILITIES. The Subrecipient agrees to assume and carry out the Grantee’s obligations and responsibilities under: A. The Cooperation Agreements entered into between Dakota County and the Subrecipient concerning the Dakota County CDBG Program; and B. The Supplemental Agreements to the aforementioned Cooperation Agreements entered into between Dakota County and the Subrecipient. C. A Subrecipient’s failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient’s failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and/or to implement the proposed corrective action(s) to the Grantee’s sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: i. Reimbursement requests will not be processed by the Grantee; ii. CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and/or iii. The Grantee will terminate this Agreement. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 10 of 46 D. The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: i. HUD requires payback for any reason; ii. The Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; iii. The Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or iv. The Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. VIII. PERFORMANCE MONITORING. The Grantee will monitor the progress and performance of the Subrecipient by timely expenditure of allocations and by conformance with CDBG program regulations. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. A. Timeliness. HUD requires that sixty (60) days prior to the end of the Grantee’s program year, the amount of non-disbursed CDBG funds be no more than 1.5 times the entitlement grant for its current program year. The Subrecipient will be held to the same timeliness test and is expected to have no more than 1.5 times the allocation as of May 2nd each year. B. Grant-Based Accounting. As of the 2015 Fiscal Year, HUD has implemented grant-based accounting for the CDBG program. The Subrecipient must expend grant allocations within four (4) years. The expenditure deadline can be found on Exhibit A. C. Reallocation & Recapture. Reallocation of funds, if necessary to meet the 1.5 spenddown ratio requirement, will be done according to the CDBG Contingency Plan attached in Exhibit I. The Grantee has the right to recapture unexpended or unobligated funds that are older than four (4) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved Countywide CDBG Activity or a competitive pool. D. Quarterly Reporting. The Subrecipient shall provide quarterly reporting to the Grantee by the 30th day of October, January, April, and July. Reporting shall include all outstanding Activities as listed on Exhibit A. E. Onsite Monitoring. The Grantee may perform onsite monitoring of the Subrecipient to assure compliance. Results of monitoring efforts shall be summarized in written reports and document follow-up actions to be taken to correct areas of noncompliance. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 11 of 46 IX. GENERAL CONDITIONS. The following shall apply to the Subrecipient and this Agreement: A. Independent Contractor. For the purpose of this Agreement, the Subrecipient shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subrecipient or other persons, while engaged in the performance of any work or services required by the Subrecipient under this Agreement, shall not be considered employees of the Grantee; and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subrecipient shall in no way be the obligation or responsibility of the Grantee. B. Hold Harmless. It is further agreed that the Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, demands, actions, judgements or causes of action arising out of any act or omission on the part of the Subrecipient, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subrecipient under the terms of the Agreement. It is further agreed that the Subrecipient shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subrecipient under the terms of this Agreement. C. Transfer. The Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment or subcontract, without the prior written consent of the Grantee. D. Amendments. Any alteration, variation, modification, or waiver of a provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties, with the exception of Administrative Amendments defined as any revision to the original annual budget (Exhibit A). Any request to amend the annual budget, create or cancel an activity, or change the national objective will require written approval by the Subrecipient and may be subject to the Citizen Participation Plan. The Grantee retains the right to make Administrative Amendments without the approval of the Subrecipient for substandard performance of timely expenditure. E. Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. F. Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subrecipient, and the Grantee may withhold any payments to the Subrecipient for DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 12 of 46 the purpose of set-off until such time as the exact amount of damages due the Grantee from the Subrecipient is determined. G. Entire Agreement. This Agreement, as well as Exhibits A through I, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H. HUD Approval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. I. Violation of Law. Should any of the above provisions be subsequently determined by a Court of competent jurisdiction to be in violation of any Federal or State Law or to be otherwise invalid, both parties agree that only those provisions so adjudged shall be invalid and that the remainder of this Agreement shall remain in full force and effect. J. Discrimination. The Subrecipient agrees to comply with all Federal, State and local laws and ordinances as they pertain to unlawful discrimination on account of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. K. Applicable Laws. The Subrecipient further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subrecipient performance of the provisions of this Agreement. L. State Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. M. Suspension and Termination. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty (30) days after receipt by the Subrecipient of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subrecipient has cured the alleged nonperformance of the provisions of this agreement. N. Electronic Signatures Each party agrees the electronic signatures of the Parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 13 of 46 X. CERTIFICATION FOR CONTRACT, GRANTS, LOANS AND COOPERATIVE AGREEMENTS. The Subrecipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. D. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XI. NOTICE. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Tony Schertler, Executive Director Dakota County CDA 1228 Town Centre Drive Eagan, MN 55123 For the Subrecipient: Dan Wietecha, City Administrator City of Hastings 101 E. 4th Street Hastings, MN 55033 DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Page 14 of 46 IN WITNESS WHEREOF, the Grantee and the Subrecipient have executed this Subrecipient Agreement on the date indicated below. City of Hastings Dakota County CDA The Subrecipient The Grantee By: _________________________________ By: ________________________________ Tony Schertler Its: _________________________________ Its: Executive Director Date of Signature: _____________________ Date of Signature: ___________________ DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 City ADministrator VIII-5 Hastings Subrecipient Agreement Page 15 of 46 EXHIBITS A. City of Hastings CDBG Activities and Budgets B. Funding Approval/Agreement (HUD 7082) C. Authority to Use Grant Funds (HUD 7015.16) D. Dakota County Anti-Displacement Policy E. 24 CFR Part 570.208 (National Objectives) F. 24 CFR Part 570.600-614 (Subpart K) G. Request for Reimbursement Form H. CDBG Program Income and Reuse Policy I. Contingency Plan/Timeliness of Expenditures DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit A Page 16 of 46 EXHIBIT A TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (CDA) AND THE CITY OF HASTINGS CDBG funds will be committed to the following Activities after July 1, 2023. Exhibit A will be amended as needed on an annual basis through the term of this Agreement. CURRENT YEAR ALLOCATION – 2023 All funds must be expended by June 30, 2027 ➢ Activity 1: ASSESSMENT ABATEMENT PROGRAM • Description: Activity funds assessment abatement for qualifying low- and moderate- income households abutting street reconstruction projects involving bituminous paving, storm sewer, concrete curb and gutter, and sidewalk/trail construction. Qualifying low-income households have 100% of assessments abated and qualifying moderate-income households have assessments abated to the extent remaining funds are available. • Schedule: 7/1/2023 - 6/30/2024 • Budget: $57,977.55 (allocated amount less administration costs) ALLOCATION YEAR – 2022 All funds must be expended by June 30, 2026 ➢ Activity 1: ASSESSMENT ABATEMENT PROGRAM • Description: Activity funds assessment abatement for qualifying low- and moderate- income households abutting street reconstruction projects involving bituminous paving, storm sewer, concrete curb and gutter, and sidewalk/trail construction. Qualifying low-income households have 100% of assessments abated and qualifying moderate-income households have assessments abated to the extent remaining funds are available. • Schedule: 7/1/2022 - 6/30/2023 • Remaining Budget as of 7/24/2023: $37,642.04 DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit B Page 17 of 46 EXHIBIT B TO SUBRECIPIENT AGREEMENT Dakota County CDBG Funding Approval Agreement DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit B Page 18 of 46 DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit B Page 19 of 46 DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit C Page 20 of 46 EXHIBIT C TO SUBRECIPIENT AGREEMENT Exhibit Not Applicable for Subrecipient for Fiscal Year 2023 DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 21 of 46 EXHIBIT D TO SUBRECIPIENT AGREEMENT 2023 DAKOTA COUNTY ANTI-DISPLACEMENT POLICY PART I. MINIMIZING DISPLACEMENT It is the goal of Dakota County to minimize displacement of persons from their homes and neighborhoods when utilizing Community Development Block Grant (CDBG) or HOME Investments Partnership Program (HOME) funds. Displacement has been defined as the involuntary movement of a household from a dwelling as a result of its acquisition, rehabilitation or demolition when funded in whole or in part with CDBG or HOME funds, or if funded with non-CDBG/HOME when the activity is a prerequisite for some other CDBG/HOME funded activity. Displacement also includes involuntary movement of a business from a commercial property. In an effort to minimize displacement of households, the following steps will be taken: 1. With the exception of lead-based paint hazard reduction, owner occupied properties will not be rehabilitated if displacement is expected to occur. To safely reduce the hazards of lead-based paint, the occupants must vacate the impacted areas until a clearance test determines the area is safe. When the impacted areas include the sole means of entry or all entries to the dwelling, the kitchen or food preparation areas, or the sole bathroom or all bathrooms, or the entire dwelling area, the occupants must completely vacate the unit until a successful clearance test is received after the completion of the lead-based hazard reduction work. Relocation is voluntary. The homeowner will sign a waiver form acknowledging that they are relocating voluntarily, and that the CDA is not responsible for any costs associated with the relocation, other than a stipend payment of $500.00 that is payable to the homeowner when it is necessary to vacate the residence for a continuous time of 24 hours (or one full day and one full night) during the course of the lead-based paint hazard reduction work. 2. Businesses will not receive loans for rehabilitation or expansion if any residential displacement would occur as a result of the rehabilitation or expansion unless such activities are essential for economic development of a community. 3. If acquisition or demolition activities require displacement of a household, the acquiring entity will follow the procedures established in Part II (Displacement Action Policies). 4. Code enforcement activities and neighborhood groups will not receive CDBG or HOME funds, therefore eliminating the possibility of displacement through code enforcement or through the activities of a neighborhood group. PART II. DISPLACEMENT ACTION POLICIES A. Eligible households as defined by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) that are displaced as a result of CDBG or HOME funded activities will be eligible for moving and/or rental payments at levels as described in the Uniform Act. 1. Persons displaced as a result of CDBG/HOME funded activities will be eligible for moving and/or rental payments at levels described in the Uniform Act. 2. Referrals will be made to agencies that furnish financial counseling, health and social services, or other services that may be helpful to displaced persons. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 22 of 46 3. Low- and moderate-income persons will be given a displacement priority for admission to Low Income Public Housing and Section 8 Housing Assistance Program in Dakota County. 4. All affected persons will be informed of their rights under the policies and procedures set forth under the regulations in the Uniform Act, including their rights under Title VI of the Civil Rights Act of 1964 and Title VIII of the Civil Rights Act of 1968. 5. The projects will be planned and implemented in a manner so as to minimize hardship to the site occupants and involve the least possible degree of displacement in accordance with the needs of the program and the persons displaced. 6. Efforts will be made to provide those persons to be displaced as a result of the activities of the project an opportunity to obtain comparable replacement housing that is: • within their financial means and meets their needs; • reasonably accessible to their places of employment, potential employment, transportation and other commercial and public facilities; and • available on a non-discriminatory basis 7. Displaced businesses will be eligible for benefits as required by the Uniform Act. B. Persons displaced through any rental rehabilitation activities will be assisted in accordance with the Uniform Act or through a process including the following actions: 1. Permanent displacement of a low-income person or family will not occur as a result of CDBG or HOME funded activities unless: a. A rental assistance voucher or certificate is available to the person or family that allows them to move to a comparable affordable unit; or b. An acceptable comparable affordable unit is located for the person or family without the provision for rental assistance, and the person or family willingly moves to such a unit; and c. The acquiring entity follows the regulations of the Uniform Act. 2. If it is necessary to temporarily displace tenants in order to accomplish the rehabilitation, it is the responsibility of the owner of the rental unit to reimburse the tenants for their expenses or inconvenience associated with such temporary displacement, according to applicable state and federal laws. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 23 of 46 Relocation, Displacement, and Replacement Housing Plan for the 2023 Dakota County CDBG Program In accordance with the requirements of 24 CFR 570.606 (c)(1)(iii), the following Plan has been prepared and shall be applicable to the activities listed herein funded through the Dakota County Community Development Block Grant Program (CDBG). This plan is public and is part of the Subrecipient Agreements between the Cities undertaking the activities and the Dakota County CDA governing administration of the CDBG Program. The following activities involve vacant structures and/or voluntary transactions. If involuntary displacement occurs, the acquiring entity will follow provisions of the Uniform Act. 1. Proposed CDBG Activities Which Involve Acquisition, Demolition, or Conversion There are no planned activities for Fiscal Year 2023 that involve acquisition, demolition, or conversion of structures. 2. Location and Type of Housing Units Affected; Actions to be Taken Not applicable, see above. However, if an activity is created that results in the acquisition, demolition, or conversion of a structure, that property will be identified and the location published. It is anticipated that properties that may be acquired will be vacant or voluntarily acquired with no threat of condemnation or eminent domain by the City. If involuntary displacement does occur, the provisions of the Uniform Act will be followed. 3. Schedule for Project Implementation Any activities that may occur under this project will generally occur between July 1, 2023 and June 30, 2024. 4. Replacement Units Where units must be replaced in accordance with the regulations cited above, the cities will cooperate and coordinate with the Dakota County CDA and other groups/entities as appropriate, to provide replacement units that are created either on the sites cleared or at other locations within the participation area for the Dakota County CDBG Program. Please see attached list for replacement units already constructed or in planning stages. 5. Ten Year Affordability Assurance The Family Housing units constructed, owned, and/or managed by Dakota County CDA are intended to be low- and moderate-income housing for the entire life of the units. Properties developed by private developers using tax credits must adhere to a fifteen (15) year period of affordability. If HOME funds assist with construction, units must remain affordable for twenty (20) years. Any unit used for the purpose of replacement housing will remain affordable for at least ten (10) years from the date of initial occupancy by the relocated household. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 24 of 46 DAKOTA COUNTY CDA REPLACEMENT UNITS AVAILABLE FOR THE 2023 ANTI-DISPLACEMENT PLAN Note: More details and updates can be found at www.dakotacda.org. All developments have accessible units. 1. Parkside – 122nd Street W., Burnsville Twenty-two (22) units of low/moderate income rental housing for families opened for occupancy 1992. This development includes 1 two-bedroom accessible unit, 3 two-bedroom units, and 18 three-bedroom units. Dakota County CDA is the property manager. 2. Spruce Point – East of Hwy 52 off Chandler Lane, Inver Grove Heights Twenty-four (24) units of low/moderate income rental housing for families opened for occupancy 1995. This development includes 1 two-bedroom accessible unit, 4 two-bedroom units, and 19 three-bedroom units. Dakota County CDA is the property manager. 3. Oak Ridge – South of Diffley Road and east of Johnny Cake Ridge Road, Eagan Forty-two (42) units of low/moderate income rental housing for families opened for occupancy 1996. This development includes 2 two-bedroom accessible units, 18 two-bedroom units, and 22 three-bedroom units. Dakota County CDA is the property manager. 4. Pleasant Ridge – North Frontage Road, Hastings Thirty-one (31) units of low/moderate income rental housing for families opened for occupancy 1997. This development includes 2 two-bedroom accessible units, 14 two-bedroom units, and 15 three-bedroom units. Dakota County CDA is the property manager. 5. Glenbrook – Germaine Avenue, Burnsville Thirty-nine (39) units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 17 two-bedroom units and 22 three-bedroom units. Dakota County CDA is the property manager. 6. Cedar Valley – Dodd Road & Glacier Way, Lakeville Thirty (30) units of low/moderate income rental housing for families opened for occupancy in 1998. This complex contains 1 one-bedroom accessible unit, 14 two-bedroom units, and 15 three-bedroom units. Dakota County CDA is the property manager. 7. Chasewood – 155th Street W., Burnsville Twenty-seven (27) units of low/moderate income rental housing for families opened for occupancy in 1999. This complex contains 14 two-bedroom units and 13 three-bedroom units. Dakota County CDA is the property manager. 8. Country Lane – Hamburg Avenue & 210th Street W., Lakeville Twenty-nine (29) units of low/moderate income rental housing for families opened for occupancy in 2001. This complex contains 15 two-bedroom units and 14 three-bedroom units. Dakota County CDA is the property manager. 9. Hillside Gables – Lexington Avenue & I-35E, Mendota Heights Twenty-four (24) units of low/moderate income rental housing for families opened for occupancy in 2001. This complex contains 1 one-bedroom accessible unit, 17 two-bedroom units, and 6 three-bedroom units. Dakota County CDA is the property manager. 10. Marketplace – South Frontage Road, Hastings DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 25 of 46 Twenty-eight (28) units of low/moderate income rental housing for families opened for occupancy in 2002. This development includes 14 three-bedroom units, 13 two-bedroom units, and 1 one- bedroom accessible unit. Dakota County CDA is the property manager. 11. Heart of the City –Travelers Trail E. at 125th Street E. & 1st Avenue, Burnsville Thirty-four (34) units of low/moderate income rental housing for families opened for occupancy in 2003. This development includes 1 one-bedroom unit, 21 two-bedroom units, and 12 three- bedroom units. Dakota County CDA is the property manager. 12. Erin Place – Cedar Path, Eagan Thirty-four (34) units of low/moderate income rental housing for families opened for occupancy in 2004. This development includes 24 two-bedroom units and 10 three-bedroom units. Dakota County CDA is the property manager. 13. Cedar Villas – Villa Parkway, Eagan This development, owned by Shelter Corporation, was developed in conjunction with Erin Place with 104 units, including 60 two-bedroom units and 44 three-bedroom units. This development is a mix of both affordable and market rate units. 14. Prairie Crossing – Icefall Trail & Icefall Way, Lakeville Forty (40) units of low/moderate income rental housing for families opened for occupancy in 2005. This development includes 20 two-bedroom units and 20 three-bedroom units. Dakota County CDA is the property manager. 15. Lafayette – 50th Street E., Inver Grove Heights Thirty (30) units of low/moderate income rental housing for families opened for occupancy in 2006. This development includes 1 one-bedroom, 15 two-bedrooms, and 14 three-bedrooms. Dakota County CDA is the property manager. 16. West Village – South Frontage Road, Hastings Twenty-one (21) units of low/moderate income rental housing for families opened for occupancy in 2007. This development includes 11 two-bedroom units and 10 three-bedroom units. Dakota County CDA is the property manager. 17. Carbury Hills – Connemara Trail, Rosemount Thirty-two (32) units of low/moderate income rental housing for families opened for occupancy in 2008. This development includes 1 two-bedroom accessible unit, 23 two-bedroom units, and 8 three-bedroom units. Dakota County CDA is the property manager. 18. Twin Ponds – 223rd Street W., Farmington Fifty-one (51) units of low/moderate income rental housing for families opened for occupancy in 2009 and was completed in 2012. This development includes 2 two-bedroom accessible units, 35 two-bedroom units, and 14 three-bedroom units. Dakota County CDA is the property manager. 19. Meadowlark – Holiday Avenue & 210th Street W., Lakeville Forty (40) units of low/moderate income rental housing for families opened for occupancy in 2010. This development includes 6 one-bedroom units, 24 two-bedroom units, and 10 three- bedroom units. Dakota County CDA is the property manager. 20. Quarry View – Embry Path, Burnsville Forty-five (45) units of low/moderate income rental housing for families opened for occupancy 2011. This development includes 1 one-bedroom accessible unit, 31 two-bedroom units, and 13 three-bedroom units. Dakota County CDA is the property manager. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit D Page 26 of 46 21. Northwood – Northwood, Eagan Forty-seven (47) units of low/moderate income rental housing for families opened for occupancy in 2013. This development includes 2 one-bedroom accessible units, 22 two-bedroom units, and 10 three-bedroom units. Dakota County CDA is the property manager. 22. Inver Hills – College Trail & Bower Path, Inver Grove Heights Twenty-four (24) units of low/moderate income rental housing for families opened for occupancy January 2014. This development includes 1 two-bedroom accessible unit, 13 two-bedroom units, and 10 three-bedroom units. Dakota County CDA is the property manager. 23. Riverview Ridge – Sibley Memorial Highway, Eagan Twenty-seven (27) units of low/moderate income rental housing for families anticipated opened for occupancy in 2014. This development includes 2 two-bedroom accessible units, 15 two- bedroom units, and 10 three-bedroom units. Dakota County CDA is the property manager. 24. Lakeshore Townhomes - Jurdy Road & Shoreline Drive, Eagan Fifty (50) units of low/moderate income rental housing for families opened for occupancy in 2015. This development includes 1 one-bedroom accessible unit, 2 two-bedroom accessible units, 2 one-bedroom units, 21 two-bedroom units, and 24 three-bedroom units. Dakota County CDA is the property manager. 25. Keystone Crossing – Keystone Avenue & 207th Street W., Lakeville Thirty-six (36) units of low/moderate income rental housing for families opened for occupancy in 2017. This development includes 2 two-bedroom accessible units, 21 two-bedroom units, and 13 three-bedroom units. Dakota County CDA is the property manager. 26. Prestwick Place - Akron Avenue & 141st Street E., Rosemount Forty (40) units of low/moderate income rental housing for families opened for occupancy in 2019. This development includes 6 one-bedroom units, 2 two-bedroom accessible units, 19 two-bedroom units, and 13 three-bedroom units. Dakota County CDA is the property manager. 27. Gateway Place – Annapolis Street & South Robert Street, West St. Paul Fifty-four (54) units of low-income rental housing opened for occupancy in 2021. This development includes 21 studio units and 33 one-bedroom units. Dakota County CDA is the property manager. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 27 of 46 EXHIBIT E TO SUBRECIPIENT AGREEMENT §570.208 Criteria for national objectives. The following criteria shall be used to determine whether a CDBG-assisted activity complies with one or more of the national objectives as required under §570.200(a)(2): (a) Activities benefiting low- and moderate-income persons. Activities meeting the criteria in paragraph (a) (1), (2), (3), or (4) of this section as applicable, will be considered to benefit low- and moderate- income persons unless there is substantial evidence to the contrary. In assessing any such evidence, the full range of direct effects of the assisted activity will be considered. (The recipient shall appropriately ensure that activities that meet these criteria do not benefit moderate income persons to the exclusion of low income persons.) (1) Area benefit activities. (i) An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low- and moderate-income persons. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (ii) For metropolitan cities and urban counties, an activity that would otherwise qualify under §570.208(a)(1)(i), except that the area served contains less than 51 percent low- and moderate-income residents, will also be considered to meet the objective of benefiting low- and moderate-income persons where the proportion of such persons in the area is within the highest quartile of all areas in the recipient's jurisdiction in terms of the degree of concentration of such persons. This exception is inapplicable to non-entitlement CDBG grants in Hawaii. In applying this exception, HUD will determine the lowest proportion a recipient may use to qualify an area for this purpose, as follows: (A) All census block groups in the recipient's jurisdiction shall be rank ordered from the block group of highest proportion of low- and moderate-income persons to the block group with the lowest. For urban counties, the rank ordering shall cover the entire area constituting the urban county and shall not be done separately for each participating unit of general local government. (B) In any case where the total number of a recipient's block groups does not divide evenly by four, the block group which would be fractionally divided between the highest and second quartiles shall be considered to be part of the highest quartile. (C) The proportion of low- and moderate-income persons in the last census block group in the highest quartile shall be identified. Any service area located within the recipient's jurisdiction and having a proportion of low- and moderate-income persons at or above this level shall be considered to be within the highest quartile. (D) If block group data are not available for the entire jurisdiction, other data acceptable to the Secretary may be used in the above calculations. (iii) An activity to develop, establish, and operate for up to two years after the establishment of, a uniform emergency telephone number system serving an area having less than the percentage of low- and moderate-income residents required under paragraph (a)(1)(i) of this section or (as applicable) paragraph (a)(1)(ii) of this section, provided the recipient obtains prior HUD approval. To obtain such approval, the recipient must: DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 28 of 46 (A) Demonstrate that the system will contribute significantly to the safety of the residents of the area. The request for approval must include a list of the emergency services that will participate in the emergency telephone number system; (B) Submit information that serves as a basis for HUD to determine whether at least 51 percent of the use of the system will be by low- and moderate-income persons. As available, the recipient must provide information that identifies the total number of calls actually received over the preceding 12-month period for each of the emergency services to be covered by the emergency telephone number system and relates those calls to the geographic segment (expressed as nearly as possible in terms of census tracts, block numbering areas, block groups, or combinations thereof that are contained within the segment) of the service area from which the calls were generated. In analyzing this data to meet the requirements of this section, HUD will assume that the distribution of income among the callers generally reflects the income characteristics of the general population residing in the same geographic area where the callers reside. If HUD can conclude that the users have primarily consisted of low- and moderate-income persons, no further submission is needed by the recipient. If a recipient plans to make other submissions for this purpose, it may request that HUD review its planned methodology before expending the effort to acquire the information it expects to use to make its case; (C) Demonstrate that other Federal funds received by the recipient are insufficient or unavailable for a uniform emergency telephone number system. For this purpose, the recipient must submit a statement explaining whether the lack of funds is due to the insufficiency of the amount of the available funds, restrictions on the use of such funds, or the prior commitment of funds by the recipient for other purposes; and (D) Demonstrate that the percentage of the total costs of the system paid for by CDBG funds does not exceed the percentage of low- and moderate-income persons in the service area of the system. For this purpose, the recipient must include a description of the boundaries of the service area of the emergency telephone number system, the census divisions that fall within the boundaries of the service area (census tracts or block numbering areas), the total number of persons and the total number of low- and moderate- income persons within each census division, the percentage of low- and moderate-income persons within the service area, and the total cost of the system. (iv) An activity for which the assistance to a public improvement that provides benefits to all the residents of an area is limited to paying special assessments (as defined in §570.200(c)) levied against residential properties owned and occupied by persons of low and moderate income. (v) For purposes of determining qualification under this criterion, activities of the same type that serve different areas will be considered separately on the basis of their individual service area. (vi) In determining whether there is a sufficiently large percentage of low- and moderate-income persons residing in the area served by an activity to qualify under paragraph (a)(1) (i), (ii), or (vii) of this section, the most recently available decennial census information must be used to the fullest extent feasible, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau. Recipients that believe that the census data does not reflect current relative income levels in an area, or where census boundaries do not coincide sufficiently well with the service area of an activity, may conduct (or have conducted) a current survey of the residents of the area to determine the percent of such persons that are low and moderate income. HUD will accept information obtained through such surveys, to be used in lieu of the decennial census data, where it determines that the survey was conducted in such a manner that the results meet standards of statistical reliability that are comparable to that of the decennial census data for areas of similar size. Where there is substantial evidence that provides a clear basis to believe that the use of the decennial census data would substantially overstate the proportion of persons residing there that are low and moderate income, HUD DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 29 of 46 may require that the recipient rebut such evidence in order to demonstrate compliance with section 105(c)(2) of the Act. (vii) Activities meeting the requirements of paragraph (d)(5)(i) of this section may be considered to qualify under this paragraph, provided that the area covered by the strategy is either a Federally-designated Empowerment Zone or Enterprise Community or primarily residential and contains a percentage of low- and moderate-income residents that is no less than the percentage computed by HUD pursuant to paragraph (a)(1)(ii) of this section or 70 percent, whichever is less, but in no event less than 51 percent. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (2) Limited clientele activities. (i) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate-income persons. (The following kinds of activities may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are available to all the residents of an area; activities involving the acquisition, construction or rehabilitation of property for housing; or activities where the benefit to low- and moderate-income persons to be considered is the creation or retention of jobs, except as provided in paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the activity must meet one of the following tests: (A) Benefit a clientele who are generally presumed to be principally low- and moderate-income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate-income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of “severely disabled,” homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers; or (B) Require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low- and moderate-income limit; or (C) Have income eligibility requirements which limit the activity exclusively to low- and moderate-income persons; or (D) Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low- and moderate-income persons. (ii) An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of “severely disabled” will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the removal of such barriers by assisting: (A) The reconstruction of a public facility or improvement, or portion thereof, that does not qualify under paragraph (a)(1) of this section; (B) The rehabilitation of a privately owned nonresidential building or improvement that does not qualify under paragraph (a)(1) or (4) of this section; or (C) The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under paragraph (a)(3) of this section. (iii) A microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate-income persons. For purposes of this DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 30 of 46 paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. (iv) An activity designed to provide job training and placement and/or other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, in which the percentage of low- and moderate-income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstance: (A) In such cases where such training or provision of supportive services assists business(es), the only use of CDBG assistance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. (3) Housing activities. An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate-income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the recipient, a subrecipient, a developer, an individual homebuyer, or an individual homeowner; conversion of nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and management, the grouped buildings may be considered for this purpose as a single structure. Where housing activities being assisted meet the requirements of paragraph §570.208 (d)(5)(ii) or (d)(6)(ii) of this section, all such housing may also be considered for this purpose as a single structure. For rental housing, occupancy by low- and moderate-income households must be at affordable rents to qualify under this criterion. The recipient shall adopt and make public its standards for determining “affordable rents” for this purpose. The following shall also qualify under this criterion: (i) When less than 51 percent of the units in a structure will be occupied by low- and moderate-income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a multifamily, non-elderly rental housing project; (B) Not less than 20 percent of the units will be occupied by low- and moderate-income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the proportion of units in the project that will be occupied by low- and moderate-income households. (ii) When CDBG funds are used to assist rehabilitation eligible under §570.202(b)(9) or (10) in direct support of the recipient's Rental Rehabilitation program authorized under 24 CFR part 511, such funds shall be considered to benefit low- and moderate-income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation program overall are for low- and moderate-income persons. (iii) When CDBG funds are used for housing services eligible under §570.201(k), such funds shall be considered to benefit low- and moderate-income persons if the housing units for which the services are provided are HOME-assisted and the requirements at 24 CFR 92.252 or 92.254 are met. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 31 of 46 (4) Job creation or retention activities. An activity designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full time equivalent basis, involve the employment of low- and moderate-income persons. To qualify under this paragraph, the activity must meet the following criteria: (i) For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate-income persons. (ii) For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: (A) The job is known to be held by a low- or moderate-income person; or (B) The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate-income person upon turnover. (iii) Jobs that are not held or filled by a low- or moderate-income person may be considered to be available to low- and moderate-income persons for these purposes only if: (A) Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and (B) The recipient and the assisted business take actions to ensure that low- and moderate-income persons receive first consideration for filling such jobs. (iv) For purposes of determining whether a job is held by or made available to a low- or moderate-income person, the person may be presumed to be a low- or moderate-income person if: (A) He/she resides within a census tract (or block numbering area) that either: (1) Meets the requirements of paragraph (a)(4)(v) of this section; or (2) Has at least 70 percent of its residents who are low- and moderate-income persons; or (B) The assisted business is located within a census tract (or block numbering area) that meets the requirements of paragraph (a)(4)(v) of this section and the job under consideration is to be located within that census tract. (v) A census tract (or block numbering area) qualifies for the presumptions permitted under paragraphs (a)(4)(iv)(A)(1) and (B) of this section if it is either part of a Federally-designated Empowerment Zone or Enterprise Community or meets the following criteria: (A) It has a poverty rate of at least 20 percent as determined by the most recently available decennial census information; (B) It does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the tract has a poverty rate of at least 30 percent as determined by the most recently available decennial census information; and (C) It evidences pervasive poverty and general distress by meeting at least one of the following standards: DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 32 of 46 (1) All block groups in the census tract have poverty rates of at least 20 percent; (2) The specific activity being undertaken is located in a block group that has a poverty rate of at least 20 percent; or (3) Upon the written request of the recipient, HUD determines that the census tract exhibits other objectively determinable signs of general distress such as high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline. (vi) As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except: (A) In certain cases such as where CDBG funds are used to acquire, develop or improve a real property (e.g., a business incubator or an industrial park) the requirement may be met by measuring jobs in the aggregate for all the businesses which locate on the property, provided such businesses are not otherwise assisted by CDBG funds. (B) Where CDBG funds are used to pay for the staff and overhead costs of an entity making loans to businesses exclusively from non-CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during each program year. (C) Where CDBG funds are used by a recipient or subrecipient to provide technical assistance to businesses, this requirement may be met by aggregating the jobs created or retained by all of the businesses receiving technical assistance during each program year. (D) Where CDBG funds are used for activities meeting the criteria listed at §570.209(b)(2)(v), this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (E) Where CDBG funds are used by a Community Development Financial Institution to carry out activities for the purpose of creating or retaining jobs, this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (F) Where CDBG funds are used for public facilities or improvements which will result in the creation or retention of jobs by more than one business, this requirement may be met by aggregating the jobs created or retained by all such businesses as a result of the public facility or improvement. (1) Where the public facility or improvement is undertaken principally for the benefit of one or more particular businesses, but where other businesses might also benefit from the assisted activity, the requirement may be met by aggregating only the jobs created or retained by those businesses for which the facility/improvement is principally undertaken, provided that the cost (in CDBG funds) for the facility/improvement is less than $10,000 per permanent full-time equivalent job to be created or retained by those businesses. (2) In any case where the cost per job to be created or retained (as determined under paragraph (a)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facility/improvement. This aggregation must include businesses which, as a result of the public facility/improvement, locate or expand in the service area of the facility/improvement between the date the recipient identifies the activity in its action plan under part 91 of this title and the date one year after DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 33 of 46 the physical completion of the facility/improvement. In addition, the assisted activity must comply with the public benefit standards at §570.209(b). (b) Activities which aid in the prevention or elimination of slums or blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight: (1) Activities to address slums or blight on an area basis. An activity will be considered to address prevention or elimination of slums or blight in an area if: (i) The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law; (ii) The area also meets the conditions in either paragraph (A) or (B): (A) At least 25 percent of properties throughout the area experience one or more of the following conditions: (1) Physical deterioration of buildings or improvements; (2) Abandonment of properties; (3) Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; (4) Significant declines in property values or abnormally low property values relative to other areas in the community; or (5) Known or suspected environmental contamination. (B) The public improvements throughout the area are in a general state of deterioration. (iii) Documentation is to be maintained by the recipient on the boundaries of the area and the conditions and standards used that qualified the area at the time of its designation. The recipient shall establish definitions of the conditions listed at §570.208(b)(1)(ii)(A), and maintain records to substantiate how the area met the slums or blighted criteria. The designation of an area as slum or blighted under this section is required to be determined every 10 years for continued qualification. Documentation must be retained pursuant to the recordkeeping requirements contained at §570.506 (b)(8)(ii). (iv) The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. Rehabilitation of residential buildings carried out in an area meeting the above requirements will be considered to address the area's deterioration only where each such building rehabilitated is considered substandard under local definition before rehabilitation, and all deficiencies making a building substandard have been eliminated if less critical work on the building is undertaken. At a minimum, the local definition for this purpose must be such that buildings that it would render substandard would also fail to meet the housing quality standards for the Section 8 Housing Assistance Payments Program- Existing Housing (24 CFR 882.109). (2) Activities to address slums or blight on a spot basis. The following activities may be undertaken on a spot basis to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a slum or blighted area: acquisition; clearance; relocation; historic preservation; remediation of environmentally contaminated properties; or rehabilitation of buildings or improvements. However, rehabilitation must be limited to eliminating those conditions that are detrimental to public DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 34 of 46 health and safety. If acquisition or relocation is undertaken, it must be a precursor to another eligible activity (funded with CDBG or other resources) that directly eliminates the specific conditions of blight or physical decay, or environmental contamination. (3) Activities to address slums or blight in an urban renewal area. An activity will be considered to address prevention or elimination of slums or blight in an urban renewal area if the activity is: (i) Located within an urban renewal project area or Neighborhood Development Program (NDP) action area; i.e., an area in which funded activities were authorized under an urban renewal Loan and Grant Agreement or an annual NDP Funding Agreement, pursuant to title I of the Housing Act of 1949; and (ii) Necessary to complete the urban renewal plan, as then in effect, including initial land redevelopment permitted by the plan. Note: Despite the restrictions in (b) (1) and (2) of this section, any rehabilitation activity which benefits low- and moderate-income persons pursuant to paragraph (a)(3) of this section can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted. (c) Activities designed to meet community development needs having a particular urgency. In the absence of substantial evidence to the contrary, an activity will be considered to address this objective if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, that the recipient is unable to finance the activity on its own, and that other sources of funding are not available. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the certification by the recipient. (d) Additional criteria. (1) Where the assisted activity is acquisition of real property, a preliminary determination of whether the activity addresses a national objective may be based on the planned use of the property after acquisition. A final determination shall be based on the actual use of the property, excluding any short-term, temporary use. Where the acquisition is for the purpose of clearance which will eliminate specific conditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. However, any subsequent use or disposition of the cleared property shall be treated as a “change of use” under §570.505. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. Where the relocation assistance is voluntary on the part of the grantee the recipient may qualify the assistance either on the basis of the national objective addressed by the displacing activity or on the basis that the recipients of the relocation assistance are low- and moderate-income persons. (3) In any case where the activity undertaken for the purpose of creating or retaining jobs is a public improvement and the area served is primarily residential, the activity must meet the requirements of paragraph (a)(1) of this section as well as those of paragraph (a)(4) of this section in order to qualify as benefiting low- and moderate-income persons. (4) CDBG funds expended for planning and administrative costs under §570.205 and §570.206 will be considered to address the national objectives. (5) Where the grantee has elected to prepare an area revitalization strategy pursuant to the authority of §91.215(e) of this title and HUD has approved the strategy, the grantee may also elect the following options: DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit E Page 35 of 46 (i) Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities in the area for which, pursuant to the strategy, CDBG assistance is obligated during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (6) Where CDBG-assisted activities are carried out by a Community Development Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate-income persons, the grantee may also elect the following options: (i) Activities carried out by the Community Development Financial Institution for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii) All housing activities for which the Community Development Financial Institution obligates CDBG assistance during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (7) Where an activity meeting the criteria at §570.209(b)(2)(v) may also meet the requirements of either paragraph (d)(5)(i) or (d)(6)(i) of this section, the grantee may elect to qualify the activity under either the area benefit criteria at paragraph (a)(1)(vii) of this section or the job aggregation criteria at paragraph (a)(4)(vi)(D) of this section, but not both. Where an activity may meet the job aggregation criteria at both paragraphs (a)(4)(vi)(D) and (E) of this section, the grantee may elect to qualify the activity under either criterion, but not both. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit F Page 36 of 46 EXHIBIT F TO SUBRECIPIENT AGREEMENT Subpart K—Other Program Requirements §570.600 General. (a) This subpart K enumerates laws that the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary's determinations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas Program in §570.405 and §570.440 with the exception of §570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see §570.487. (b) This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c) In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respectively), the requirements of this subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M. [53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar. 15, 2007] §570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. (a) The following requirements apply according to sections 104(b) and 107 of the Act: (1) Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2) Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant under subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the grantee's AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180 and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. (b) Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. [61 FR 11477, Mar. 20, 1996, as amended at 80 FR 42368, July 16, 2015] DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit F Page 37 of 46 §570.602 Section 109 of the Act. Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. [64 FR 3802, Jan. 25, 1999] §570.603 Labor standards. (a) Section 110(a) of the Act contains labor standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b) The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] §570.604 Environmental standards. For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. In certain cases, grantees assume these environmental review, decision-making, and action responsibilities by execution of grant agreements with the Secretary. [61 FR 11477, Mar. 20, 1996] §570.605 National Flood Insurance Program. Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under subpart D of this part or HUD-administered small cities recipients in Hawaii, the date of submission of the grantee's consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570. [61 FR 11477, Mar. 20, 1996] §570.606 Displacement, relocation, acquisition, and replacement of housing. (a) General policy for minimizing displacement. Consistent with the other goals and objectives of this part, grantees (or States or state recipients, as applicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of activities assisted under this part. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit F Page 38 of 46 (b) Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be provided with relocation assistance at the levels described in, and in accordance with the requirements of 49 CFR part 24, which contains the government-wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). (2) Displaced person. (i) For purposes of paragraph (b) of this section, the term “displaced person” means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made: (A) After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial official submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted. (B) After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity. (C) Before the date described in paragraph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the displacement directly resulted from acquisition, rehabilitation, or demolition for the requested activity. (D) After the “initiation of negotiations” if the person is the tenant-occupant of a dwelling unit and any one of the following three situations occurs: (1) The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building/complex upon the completion of the project, including a monthly rent that does not exceed the greater of the tenant's monthly rent and estimated average utility costs before the initiation of negotiations or 30 percent of the household's average monthly gross income; or (2) The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary location and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building/complex; or (3) The tenant is required to move to another unit in the building/complex, but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move. (ii) Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term “displaced person-” does not include: (A) A person who is evicted for cause based upon serious or repeated violations of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance under this section; DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit F Page 39 of 46 (B) A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displacement before occupancy. (C) A person who is not displaced as described in 49 CFR 24.2(g)(2). (D) A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the acquisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination. (iii) A grantee (or State or state recipient, as applicable) may, at any time, request HUD to determine whether a person is a displaced person under this section. (3) Initiation of negotiations. For purposes of determining the type of replacement housing assistance to be provided under paragraph (b) of this section, if the displacement is the direct result of privately undertaken rehabilitation, demolition, or acquisition of real property, the term “initiation of negotiations” means the execution of the grant or loan agreement between the grantee (or State or state recipient, as applicable) and the person owning or controlling the real property. (c) Residential anti-displacement and relocation assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. (d) Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) relocation assistance to persons receiving assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570.201(i), as applicable). The grantee (or state recipient, as applicable) must adopt a written policy available to the public that describes the relocation assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons. (e) Acquisition of real property. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. (f) Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) concerning the person's eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate-income household that has been displaced from a dwelling may file a written request for review of the grantee's decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate-income household may file a written request for review of the state recipient's decision with the State. (g) Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this section. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit F Page 40 of 46 (2) The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. (3) The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (Approved by the Office of Management and Budget under OMB control number 2506-0102) [61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996] DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit G Page 41 of 46 EXHIBIT G TO SUBRECIPIENT AGREEMENT Dakota County CDBG Request for Reimbursement Form From: City/Township of Date: Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use separate request forms for each activity or service period. Reimbursement for the following activities is being requested from the CDBG Program: Name of Project/Activity Program (Fiscal) Yr. Amount Requested Dates of Service (start/end) CDA Account Number Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? Yes No If yes, please indicate the source(s) and amount(s): Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) Timesheets (# of hours, rate of pay, etc.) Invoices / Proof of Payment (copies of checks, receipts, etc. ) Completed product (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above. If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Ethnicity Income Level Race Hispanic Non- Hispanic Very Low (0-30%) Low (31-50%) Moderate (51-80%) Above L/M (81% +) White Black/African American Black/African American & White Asian Asian & White American Indian or Alaskan Native American Indian/Alaskan & White American Indian/Alaskan & Black Native Hawaiian/Other Pacific Islander Other TOTALS (Ethnicity = Income Level) Number of Female-headed Households = Percent as Low/Mod Income = Number of clients new to program= Number of clients with improved access = Prepared by: Approved by: Program Administrator City or Township Finance Officer DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit H Page 42 of 46 EXHIBIT H TO SUBRECIPIENT AGREEMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROGRAM INCOME REUSE POLICY Dakota County, Minnesota A. Purpose. This policy establishes procedures for the administration and utilization of program income received as a result of activities funded under the federal Community Development Block Grant (CDBG) Program. This policy addresses the requirements of 24 CFR 570.489(e)(3). The Dakota County Community Development Agency is hereinafter referred to as the "Subgrantee", and each cooperating jurisdiction is hereinafter referred to as a "Subrecipient". B. Definition. Program income is the gross income received by the Subgrantee that was generated from the use of CDBG funds. For activities generating program income that were only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG funds used. Examples of program income include: • Payments of principal and interest on loans made using CDBG funds; • Net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; and • Interest earned on funds held in a revolving fund account. C. Activities. Program income in Dakota County will only be used for eligible CDBG activities that meet a national objective as specified in 24 CFR 570.482 and 570.483. D. Distribution. Program income in Dakota County will be classified and distributed within one of two general types of accounts: • Revolving Fund (RF) Account • Non-revolving Income (NI) Account The RF Accounts are typically established for ongoing program activity, such as housing rehab or economic development. The NI Accounts are established from non-revolving program income, such as funds from land disposition or repayments from land acquisition that don't result in a low/moderate income activity. E. Revolving Fund Account. Dakota County CDA will deposit program income from either housing rehab, economic development or down payment assistance that is administered by the Subgrantee into corresponding Revolving Fund (RF) Accounts as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be deposited into a separate RF Account for that same individual Subrecipient; or DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit H Page 43 of 46 2. Program income generated from CDBG funds allocated to a countywide activity will be deposited into a separate corresponding "Countywide" RF Account. 3. Check and/or reimbursement requests related to an activity assigned to a RF Account will be drawn first from that account prior to an entitlement account. Subrecipients also have the ability to establish Revolving Fund Accounts for local CDBG activities upon written approval of the Subgrantee. These accounts will require formal reporting during each fiscal year as required by the Subgrantee. In order to achieve the required annual CDBG timeliness ratio per 24 CFR 570.902, the Subgrantee reserves the right to reallocate program income from any Subrecipient RF account(s) to RF accounts for similar activities where the funds will be expended more quickly. The objective of this reallocation is to ensure program income does not become an impediment to meeting annual timeliness. F. Non-revolving Income Account. Dakota County will deposit all program income that is not assigned to a Revolving Fund Account to a Non-revolving Income (NI) Account as follows: 1. Program income generated from CDBG funds allocated to a Subrecipient will be returned immediately to the Subgrantee, which will be deposited into one corresponding Subrecipient NI Account (i.e., Hastings NI Account). Check and/or reimbursement requests from a Subrecipient that cannot be paid from a RF Account will first be drawn from a NF Account, if existing, prior to drawing funds from an entitlement account. 2. Program income generated from CDBG funds allocated to a Subgrantee countywide activity will be deposited into one Subgrantee NI Account (i.e., CDA NI Account). Check and/or reimbursement requests related to a county-wide activity that cannot be paid from a RF Account will first be drawn from a NI Account, if existing, prior to drawing funds from a county-wide entitlement account. 3. The Subrecipient or Subgrantee retains the option of amending an existing CDBG activity (or activities) to increase its budget equal to the amount of program income within its NI Account, or it can amend the county's Annual Action Plan to include a new CDBG-eligible activity. 4. If no draws are made from a Subrecipient’s NI Account within twelve (12) months of establishing that account, it may be transferred to a Subgrantee NI Account for distribution to eligible countywide activities. G. Account Dissolution. Dissolving either Revolving Fund or Non-revolving Income Accounts shall be completed as follows: 1. A Subrecipient's RF Account may be dissolved if that account will receive no further income based on evidence from the Subrecipient or Subgrantee. The Subrecipient must submit a written request to the Subgrantee prior to final dissolution action. CDBG DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit H Page 44 of 46 funds remaining in a Subrecipient's RF Account to be dissolved must be transferred to a new or existing NI Account of that same Subrecipient. 2. A Subgrantee's RF Account may be dissolved if that account will receive no further income based on evidence from the Subgrantee. CDBG funds remaining in the Subgrantee's RF Account to be dissolved must be transferred to a new or existing NI Account of the Subgrantee. 3. In some cases, a Subrecipient or Subgrantee may want to transfer fund balances from a RF Account that is still receiving income. If no further expenditures are planned for that activity, a partial transfer may be permitted. Subrecipients must submit a written request to the Subgrantee, including the requested amount of transfer, which will go from its RF Account to its existing or newly created NI Account. 4. A Subrecipient's NI Account may be dissolved based on Section F.4. of this Policy. Adopted by the Dakota County CDA Board on April 13, 2004 (Res. 04-3677). Revised by the Dakota County CDA Board on April 20, 2021 (Res. 21-6407) DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit I Page 45 of 46 EXHIBIT I TO SUBRECIPIENT AGREEMENT DAKOTA COUNTY CDBG CONTINGENCY PLAN TIMELINESS OF EXPENDITURES The following plan was developed in order to spend Community Development Block Grant (CDBG) funds in a timely manner. HUD reviews the performance of Dakota County as an entitlement urban county each year. Sixty (60) days prior to the end of a grantee’s program year, the amount of non-disbursed CDBG funds cannot be more than 1.5 times the entitlement grant for its current program year. The 60-day time for Dakota County is May 2. A contingency plan is beneficial in order to assess whether this county can make efforts to spend CDBG funds if early indications show expenditure problems within any of the larger cities’ pool or the countywide pool of activities. The following steps should be taken in the order shown during a program year for Dakota County, which is July 1 through June 30: 1. Six-Month Review. By November 1, CDA staff will do the following: • Identify each Subrecipient’s balance of unspent CDBG funds. o A notice should be sent to each Subrecipient that shows an individual listing of unfinished activities and corresponding fund balances. • Meet individually with each Subrecipient, as deemed necessary, to discuss timely expenditure issues. • Provide a status report to all Subrecipients on the countywide and individual city revolving accounts for housing rehab (including a forecast of program income for the next six months). 2. Four-Month Review. By January 1, CDA staff will do the following: • Make a preliminary determination whether a Subrecipient will meet its own timeliness ratio of 1.5 by May 1. • Determine the amount of rehab funding that will remain unspent by May 1. These conclusions will be shared with the Subrecipient as a basis for possible reallocation of funds. • Initiate amendments to the annual Action Plan for Dakota County in order to reallocate CDBG funding to activities that can spend those funds by May 1. o The plan amendment will be based on the following: (a) Written approval from the Subrecipient that will transfer CDBG funds from its allocation to another city or countywide activity; and (b) Written verification, including an activity timeline, from the recipient of any reallocated funding that the additional CDBG funds can be spent and reimbursement submitted by April 15. 3. Two-Month Review. By March 1, the CDA will determine whether any further amendments are necessary to transfer CDBG funds. This may be necessary to accommodate a new activity that was recently identified for immediate expenditure (assuming CDBG eligibility). DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 Hastings Subrecipient Agreement Exhibit I Page 46 of 46 4. One-Month Review. By April 1, the CDA will do a final check to ensure all cities are working towards completion of all activity expenditures that are pending within the May 1 timeframe. Reimbursement requests should be submitted to the CDA no later than April 15. Transfer of CDBG Funds If a jurisdiction will not be able to meet the timeliness requirement, the transferring of CDBG funds from one activity to another will be accomplished according to the following procedures: • Transfer funds from one activity to another within a jurisdiction (city or township); • Transfer funds from a countywide activity to another countywide activity; or • Transfer funds from one jurisdiction to another jurisdiction, including to or from the countywide pool. The combined impact of the transfer options must attain an expenditure rate at or below 1.5 by May 2 for Dakota County. If this can be achieved by implementing one or both of the first two options, then the final option will not be needed. However, if all three options need to be implemented, then some jurisdictions will lose the one-time specified amount, not to be replaced, and some will gain one-time funds in order to avoid HUD penalties imposed on the county. It is possible that a jurisdiction will have more than 1.5 times its current CDBG allocation unspent by January 1 and not agree to transfer funds to another activity. In those cases, the CDA reserves the right to take steps necessary to transfer funds in excess of the 1.5 ratio. DocuSign Envelope ID: 53589DA1-7B06-489C-866C-9BEFD7FEE8C0 VIII-5 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: September 5, 2023 Item: Authorize Signature: Assessment Appeal Waiver Agreement – Hastings Creamery Council Action Requested: Authorize signature of the attached Assessment Appeal Waiver Agreement between the City of Hastings and 3D LLC for sanitary sewer cleaning and gate valve replacement at the Hastings Co-op Creamery located at 1701 Vermillion Street. A simple majority of Council is necessary for action. Background Information: The City would clean the private sewer line and replace the water gate valve and 3D LLC agrees to authorize the City to certify the cost of work completed as a Special Assessment against the property and to waive appeal of the assessment. Financial Impact: The City would recoup expenses upon sale of the property. Advisory Commission Discussion: N\A Council Commission Discussion: N\A Attachments: • Assessment Waiver Appeal Agreement VIII-06 1 CITY OF HASTINGS ASSESSMENT APPEAL WAIVER AGREEMENT FOR 1701 VERMILLION STREET THIS AGREEMENT FOR AN ASSESSMENT APPEAL WAIVER (“Agreement”) is entered into and effective as of the _____ day of __________, 2023 (“Agreement Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and 3D LLC, a Minnesota limited liability company (“Owner”). WITNESSETH: WHEREAS, the Owner is the fee simple Owner of property located at 1701 Vermillion Street, Hastings, Dakota County, Minnesota, legally described on the attached Exhibit A (“Property”); and WHEREAS, the Owner has been cited by the City for City Code violations involving its defective gate valve and sanitary sewer line at the Property; and WHEREAS, the City Code violations impact the public health, safety and general welfare of the public, such that the expediency of correcting the violations is in the best interest of the City; and WHEREAS, the Owner is not in a financial position to pay for the corrections necessary at this time but is willing to enter into this Agreement to reimburse the City for the costs of the corrections over a period of time; and WHEREAS, the City has agreed to directly contract with a contractor who will correct the City Code violations; and WHEREAS, in an effort to remove the blight, the City is willing to pay the contractor directly and levy the costs against the Property as provided herein; and WHEREAS, the Owner is willing to agree to the levy of the costs against the Property, in an amount that equals the Assessment Waiver Amount for the Assessment Term with interest accrual at the Assessment Interest Rate to pay for the cost of the Project; and VIII-06 2 WHEREAS, the Owner is willing to waive his assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s agreement to pay for the costs of the Project. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this Agreement and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: ARTICLE I THE AGREEMENT Section 1.01 Purpose. The purpose of this Agreement is to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Project including the Owner’s waiver of assessment appeal rights up to the Assessment Waiver Amount which constitutes an estimated benefit pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531 in return for the City’s efforts to facilitate the collection of funding for the Project. Section 1.02 Term. The term of this Agreement shall commence on the Agreement Date and shall terminate upon the expiration of the Assessment Term (or upon prepayment of the levied assessment). ARTICLE II DEFINITIONS Section 2.01 Definitions. The following are terms used in this Agreement. His meanings as used in this Agreement shall be expressly indicated below, unless the context of this Agreement requires otherwise: (a) Agreement: This Agreement to memorialize the covenants and agreements between the Owner and the City with regard to the Property and the Project including the assessment appeal waiver provided herein pursuant to Minnesota Statutes, Chapter 429 in the manner authorized by Minnesota Statutes § 462.3531. (b) Agreement Date: The date written in the first paragraph of the Agreement. (c) Assessment Interest Rate: The special assessment levied against the Property shall accrue interest at a rate of three percent (3.00%) per year for the Assessment Term. (d) Assessment Term: The term of the special assessment levied against the Property shall be five (5) years. (e) Assessment Waiver Amount: The total Assessment Amount is $16,258.88, which is commensurate with the estimated special benefit of the Project to the Property. VIII-06 3 (f) City: The City of Hastings, a Minnesota municipal corporation. (g) Project: The removal and replacement of the gate valve and cleaning of sanitary sewer line located on the Property. (h) Owner: 3D LLC, a Minnesota limited liability company. (i) Property: The property located at 1701 Vermillion Street, Hastings, MN 55033, (Dakota County Property Identification Number 19-03700-05-011) as legally described in Exhibit A which is attached hereto and made a part hereof. ARTICLE III COVENANTS AND AGREEMENTS Section 3.01 Covenants and Agreements of the Owner. The Owner covenants and agrees with the City that: (a) Assessment Appeal Waiver: Owner hereby authorizes the City to certify to the Dakota County Auditor/Property Tax Assessor a special assessment against the Property up to the Assessment Waiver Amount for Project. The Owner hereby waives all rights to assessment notices, hearings and appeals, and all other rights pursuant to Minnesota Statutes § 429.061, § 429.071 and § 429.081 for the special assessment against the Property up to the Assessment Waiver Amount, except as modified pursuant to Section 3.02(a). The Owner hereby waives any and all procedural and substantive objections to the special assessment up to the Assessment Waiver Amount against the Property, including, but not limited to, notice and hearing requirements and any claim that any or all of the Assessment Waiver Amount against the Property exceeds the benefit to the Property for the Project. The Owner acknowledges and agrees that the benefit of the Project to the Property does in fact equal or exceed the Assessment Waiver Amount. The Owner also acknowledges and agrees that the Property receives a special benefit equal to or exceeding the Assessment Waiver Amount. The City and the Owner acknowledge and agree that the Owner’s waiver of assessment appeal rights pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Waiver Amount by operation of Minnesota Statutes § 462.3531, except as provided herein. The City and the Owner acknowledge and agree that the Owner may appeal any special assessment above the Assessment Waiver Amount. (b) Owner’s Covenant Not to Sue the City: Owner hereby covenants with the City not to appeal or sue the City for a court to set aside, reduce, repeal, or invalidate the levied VIII-06 4 assessment, or for other relief from the payment of the City’s levy of a special assessment up to the Assessment Waiver Amount against the Property. (c) Owner’s Covenant that Owner is the Fee Owner of the Property: Owner hereby covenants and warrants with the City that Owner is seized in fee of the Property and has good right to enter into this Agreement with the City. Section 3.02 Covenants and Agreements of the City. The City covenants and agrees with the Owner that: (a) City to Pay for Project: The City agrees to pay for the costs of the Project directly to the contractor upon proof of invoices from the contractor based on a pre-approved amount that is no greater than the Assessment Waiver Amount. If the amount of the invoices from the contractor is more or less than the Assessment Waiver Amount, then the Assessment Waiver Amount shall be increased or reduced accordingly and the parties agree that the Section 3.01(a) still applies, in that the Property receives a special benefit equal to or exceeding the revised Assessment Waiver Amount. (b) Assessment Waiver Amount: The City agrees that the City will certify/levy a special assessment against the Property only up to the Assessment Waiver Amount for the Project pursuant to this Agreement. (c) City’s Covenant to Construct the Project: City hereby covenants and warrants with the Owner that City will contract directly with a contractor to construct the Project . Owner shall coordinate all permits for the Project with the City. (d) City Recording of this Agreement: The City will record this Agreement against the Property and the costs of recording shall be included in the Assessment Waiver Amount. (e) Prepayment of Assessment: The City agrees that the Owner may prepay some or all of the City’s assessment levy against the Property for the Project with no penalty and only with interest accrual pursuant to Minnesota Statutes § 429.061. ARTICLE IV DEFAULT Section 4.01 Default. If a party to this Agreement materially defaults in the due and timely performance of any of its covenants, or agreements hereunder, the other party may give notice of default of this Agreement. The notice shall specify with particularity the default or defaults on which the notice is based. The notice shall specify a ten (10) day cure period within which the specified default or defaults must be cured. If the specified defaults are not cured within the cure period, the other party may pursue all remedies and sanctions available at law and in equity, including specific performance. VIII-06 5 Section 4.02 Attorneys’ Fees, Costs and Expenses. The Owner agrees to pay the City the amount of the City’s assessment levy up to the Assessment Waiver Amount with accrued interest together with the City’s attorneys’ fees, costs and expenses to defend the special assessment levy by the City pursuant to this Agreement. The Owner acknowledges and agrees that the Owner would be unjustly enriched if the City’s assessment levy pursuant to this Agreement was set aside, reduced, repealed or invalidated by a court with jurisdiction over the Property since the Owner requested the Project and this assessment financing for the Project. The Owner agrees that the court with jurisdiction over the Property shall award the City the assessment levy up to the Assessment Waiver Amount with accrued interest together with the City’s attorneys’ fees, costs and expenses for breach of the Owner’s covenant not to appeal or sue the City pursuant to Article III, Section 3.01(b). ARTICLE V GENERAL PROVISIONS Section 5.01 Notices. All notices, requests, demands or other communications required or permitted by this Agreement shall be in writing and delivery shall be deemed to be sufficient if delivered personally or by registered or certified mail, return receipt accepted, postage prepaid, addressed as follows: If to the City: City of Hastings Attn: City Administrator 101 4th Street East Hastings, MN 55033 If to the Owner: 3D LLC 1702 Vermillion St. Hastings, MN 55033 Section 5.02 Non-Assignability. Neither the City nor the Owner shall assign any interest in this Agreement nor shall either party transfer any interest in the same without the prior written consent of the other party. Section 5.03 Binding Effect. This Agreement and the terms, conditions and covenants contained herein and the transaction contemplated hereunder shall be binding upon and inure to the benefit of the parties hereto and his respective successors, heirs, personal representatives, and permitted assigns. This Agreement shall further be binding on subsequent purchasers of the Property and shall run with the Property herein described. Section 5.04 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 5.05 Amendments, Changes and Modifications. This Agreement may be amended VIII-06 6 or any of its terms modified or changed only by a written amendment authorized and executed by the City and the Owner. Section 5.06 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 5.07 Entire Agreement. This Agreement shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. Section 5.08 Notice To Buyers. The Owner agrees to notify and provide any buyer of the Property with an executed copy of this Agreement if the Owner sells any interest in the Property following the execution of this Agreement by both the Owner and the City, but before the recording of this Agreement with Washington County Recorder and/or Registrar of Titles. [remainder of page intentionally blank] VIII-06 7 IN WITNESS WHEREOF, the City and the Owner have caused this Agreement to be executed by his duly authorized representatives. CITY OF HASTINGS By: ____________________________ Mary Fasbender Mayor By: ____________________________ Kelly Murtaugh 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 the City Clerk of the City of Hastings, the Minnesota municipal corporation named in the foregoing instrument, and was signed on behalf of said municipal corporation by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation. Notary Public VIII-06 8 OWNER _____________________________ Chris Opitz STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) On this _____ day of _______________, 2023, before me a Notary Public within and for said County, personally appeared , the of 3D LLC, the Minnesota limited liability company named in the foregoing instrument, and was signed on behalf of said company by its authority and said instrument to be the free act and deed of said 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, Minnesota 55121 VIII-06 A-1 EXHIBIT A LEGAL DESCRIPTION Legal description to be confirmed: North 150 feet of the west 330 feet of Lot 5, Block 5, Auditor’s Subdivision No. 9, Dakota County, Hastings, Minnesota PID: 19-03700-05-011 Torrens Property VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: September 5, 2023 Item: Minor Subdivision – 1012 Ramsey Street - Adam Greenslade Council Action Requested: Review and act on the attached resolution, which will divide the subject parcel into two separate parcels. A simple majority is required for action. Background Information: Adam Greenslade is proposing to subdivide the vacant parcel. He has stated that he intends to construct a twin home over the two properties. A duplex could currently be constructed one the existing parcel but could only have a single owner. A twin home allows each unit and associated property to be sold separately with their own utilities. Financial Impact: The new lot requires payment of the following: Sewer Interceptor: $485.00 Park Dedication: $2,700.00 Advisory Commission Discussion: The Planning Commission recommended approval of the request at their August 28, 2023 meeting (4-0). Two residents spoke during the public hearing. They stated that the area has a lot of rental properties and on-street parking. Staff explained that these issues are not addressable with the current proposal. Council Committee Discussion: N\A Attachments: • Resolution • PC Staff Report - August 28, 2023 VIII-07 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A MINOR SUBDIVISION OF PROPERTY GENERALLY LOCATED AT 1012 RAMSEY STREET Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Adam Greenslade has initiated consideration of a minor subdivision on a 9,970 square foot property addressed as 1012 Ramsey Street, legally described as Lot 2, Block 7 Except the North 9-Ft, along with the North 18-Ft of Lot 3, Block 7, HENRY G BAILLYS Addition, Dakota County Minnesota; and WHEREAS, on August 28, 2023, a public hearing and review of this minor subdivision was held before the Planning Commission of the City of Hastings; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to subdivide the property is hereby approved with the following conditions: 1. Payment of $485.00 for sewer interceptor fee of one new lot. 2. Payment of $2,700.00 for park dedication fee of one new lot. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on September 5, 2023 by the following vote: Ayes: Nays: Absent: ATTEST: ______________________ Mary Fasbender, Mayor _________________________________ Kelly Murtaugh, City Clerk (City Seal) VIII-07 I HEREBY CERTIFY that the above is a true and correct copy of the resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on September 5, 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 (JJF) 101 4th St. East Hastings, MN 55033 VIII-07 To: Planning Commission From: Justin Fortney, City Planner Date: August 28, 2023 Item: Minor Subdivision – 1012 Ramsey Street, Adam Greenslade Planning Commission Action Requested Hold a public hearing and recommend action on the minor subdivision request of Adam Greenslade. This action will create two separate parcels. Background information: The former home on this larger lot was demolished in 2020 after severe fire damage. The applicant proposes to split the lot into two lots. The applicant proposes to subsequently construct a twin home, which is an administrative process. At that time, a Certificate of survey with a grading plan is required to assure no additional drainage will flow to neighboring properties. The zoning ordinance currently allows the construction of a two unit home as a duplex on the existing lot with payment of WAC & SAC fees. The proposal to split the lot will also require separate utilities along with sewer interceptor and park dedication fees. The lot split will allow the units to be sold separately. The adjacent property to the north is a twin home built in 2001 and another to the west in 2005. Notification: Notification of the request was published and mailed to all property owners within 350 feet. A neighbor called to ask questions and commented that the yard has not been mowed regularly in the past few years. Comprehensive Plan Classification: The 2040 Comprehensive Plan designates the property as Low Density Residential. Zoning Classification: The property is zoned R-2, Medium Density Residence. Adjacent Zoning and Land Use Direction Property Use Zoning Comp Plan North Twin home R-2 Low Density Residential East Single-family home R-2 Low Density Residential South Single-family home R-2 Low Density Residential West Twin home R-2 Low Density Residential Planning Commission Memorandum VIII-07 Existing Condition: The site is vacant with trees, grass, and two concrete driveway aprons. Minor Subdivision Review The two proposed parcels meet the minimum lot size (4,850 Sf) and width (33’) requirements. Recommendation: Approval of the minor subdivision is recommended. Attachments • Aerial photograph • Site photographs • Minor subdivision Survey VIII-07 VIII-07 Looking East (towards Ramsey St) from the property VIII-07 VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: September 5, 2023 Item: City Attorney Agreement Council Action Requested: Approve First Amendment to City of Hastings Legal Services Agreement Background Information: Levander, Gillen & Miller, PA has served as our City Attorney since February 2021. Our current three-year contract expires at the end of the year December 31, 2023, and can be renewed upon mutual written agreement. The proposed amendment would extend the contract three years through December 2026 at the same monthly retainer and a modest increase in hourly rates. Financial Impact: Monthly retainer of $2,250 and base hourly rate for Attorney $160 Committee Discussion: Not applicable Attachments: • First Amendment to City of Hastings Legal Services Agreement • City of Hastings Legal Services Agreement with Levander, Gillen & Miller VIII-08 V I I I - 0 8 V I I I - 0 8 V I I I - 0 8 V I I I - 0 8 CITY OF HASTINGS LEGAL SERVICES AGREEMENT This Legal Services Agreement (“Agreement”) made this 16th day of February, 2021, by and between the City of Hastings (“City”), a Minnesota municipal corporation, and LeVander, Gillen & Miller, P.A. (“LeVander”), a Minnesota professional association. RECITALS A. The City has selected LeVander to serve as the law firm to provide civil legal representation for civil matters, for the Hastings Economic Development & Redevelopment Authority (“HEDRA”), and for Developer Pass-Through Services and Litigation Matters. B. The City and LeVander desire to memorialize their understanding in this Agreement regarding the scope of work and fee arrangements for the civil legal representation. I. DEFINITIONS A. “Retainer Services” means to: 1. Provide routine legal advice, consultation and opinions to the City Council and City Administrator. 2. Attend regular City Council meetings and work sessions. 3. Conduct newly elected City Councilmember trainings following elections or appointments, or upon request. 4. Participate in introductory meetings in 2021 with department heads, staff, commissions, and City Council. 5. Monitor relevant pending and current State/Federal legislation and case law and provide direction to City if needed. B. “Non-Retainer Services” means all other matters not included in Retainer Services above, such as but not limited to: 1. Represent the City in voluntary acquisition of rights of way and land for public improvement projects. 2. Represent the City in administrative proceedings. 3. Attend meetings of the Planning Commission, HEDRA or special City Council meetings. 4. Negotiate, draft and provide substantial review of contracts, deeds, easements, ordinances, resolutions, and other documents. 5. Represent the City in employment law, telecommunications and public utilities matters. VIII-08 2 C. “Developer Pass-Through Services and Litigation Matters” means: 1. Represent the City or HEDRA for projects that involve a developer or other party, such as a planning or zoning land use applicant who specifically needs or requests the City’s or HEDRA’s legal services and the City’s interest is served in providing those legal services, including but not limited to development agreements, project analysis, and planning applications. These projects typically involve an escrow that is provided by the developer or applicant prior to the initiation of work and the costs of legal services are recovered from the escrow. 2. Represent the City or HEDRA in civil litigation, including, but not limited to assessment appeals, condemnation, defense against claims made by 3rd parties when there is no insurance coverage, or initiation of claims made by the City or HEDRA. D. “HEDRA Representation” means those matters that come before HEDRA as development projects or other actions that require legal assistance or review, including attendance at HEDRA meetings, as requested. HEDRA Representation will be billed the same rates as Non-Retainer Services, unless specifically designated as a Developer Pass- Through Representation. II. TERM This Agreement shall commence on February 17, 2021 and shall terminate on December 31, 2023. This Agreement may be renewed thereafter upon mutual agreement of the parties. The City may terminate this Agreement upon sixty (60) days written notice to LeVander. III. SERVICES PROVIDED LeVander shall provide civil legal representation on behalf of the City during the term of this Agreement. Korine Land will be the principal responsible attorney for all matters, assisted by Bridget McCauley Nason. Any of the shareholders, associates, legal assistants or staff will also be available. LeVander will not provide Criminal Prosecution Services on behalf of the City. “Criminal Prosecution Services” shall mean those matters involving the enforcement of laws of the State of Minnesota or the ordinances of the City through the use of the criminal justice system. IV. FILES AND RECORDS A. File Maintenance. LeVander will keep complete files and records for all matters handled for the City for a minimum of seven years. Paper files and records may be scanned and stored electronically. An updated index of such files will be provided to the City upon request. Files no longer needed for current matters may be commercially archived, and any cost of said archiving shall be a charge, which may be billed in VIII-08 3 addition to the fees set forth in Section V. If the City desires any or all of its files, LeVander shall incur the copy cost on any file copies that LeVander desires to copy and retain. Pursuant to Minn. Stat. §16C.05, subd. 5, LeVander agrees that the books, records, documents, and accounting procedures and practices of the LeVander, that are relevant to the contract or transaction, are subject to examination by the City and either the legislative auditor or the state auditor, as appropriate, for a minimum of six years. LeVander shall maintain such records for a minimum of six years after final payment. B. Data Practices Act. Pursuant to the provisions of Minn. Stat. § 13.05 subd. 11, all data created, collected, received, stored, used, maintained, or disseminated by LeVander in performing legal services on behalf of the City is subject to the requirements of Minn. Stat. Ch. 13, and LeVander shall comply with the requirements of Minn. Stat. Ch. 13 as if it were a government entity. All data supplied to LeVander shall be administered consistent with the provisions of Minn. Stat. Ch. 13 and data on individuals shall be maintained according to the statutory provisions applicable to the data. C. File Destruction. LeVander may destroy files and records pertaining to a concluded matter seven years after the conclusion of the matter, except as follows: (1) If the City has instructed that said files or records be transmitted to the custody of the City, LeVander will so transmit them; and (2) LeVander will preserve or transmit to the City any original instruments that are still in effect (e.g., deeds, mortgages, easements, notes, etc.). V. FEES, CHARGES AND BILLING LeVander will bill the City monthly for the following services at the following rates: 2021 2022 2023 Retainer Services Fee $2,250/month $2,250/month $2,250/month Hourly Rate for All Attorneys for Non-Retainer Services $150 $150 $155 Hourly Rate for Legal Asst. for Non- Retainer Services $115 $115 $120 Hourly Rate for All Attorneys for Developer Pass-Through Services and Litigation Matters $205 $205 $210 Hourly Rate for Legal Asst. for Developer Pass-Through Services and Litigation Matters $130 $130 $135 VIII-08 4 Itemized Fees: • Photocopying $.20/page black/white $.49/page color • Westlaw Legal Research Actual Cost; not to exceed $300/month • Mileage Reimbursement Applicable IRS approve rate (Mileage will not be charged to and from City Hall) • Recording fees, filing fees, title search fees, out of pocket expenses Actual Cost Minimum increments of time billed for each service .10 per hour VI. MISCELLANEOUS A. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. B. This Agreement shall not be assignable. [remainder of page intentionally blank] VIII-08 5 LEVANDER, GILLEN & MILLER, P.A. By: Korine L. Land Shareholder/Vice President VIII-08 6 CITY OF HASTINGS By: Mary Fasbender Mayor By: Erica Henderson City Clerk VIII-08 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: September 5, 2023 Item: Declare Surplus Property and Authorize Sale Council Action Requested: The Council is requested to declare miscellaneous items from the Public Works Department as surplus property and authorize these items for public sale. Background Information: The list of equipment below is no longer needed by the Public Works Department and we would like to declare them as surplus/excess property:  12 – Trash and Recycling Cans from Downtown  4 – Pickup Trucks o Truck No. 111 – 1997 Ford ¾ Ton o Truck No. 115 – 2003 Dodge ½ Ton o Truck No. 5057 – Dodge Dakota o Truck No. 5058 – 2002 Jeep Liberty In 2022, the City of Hastings received grant money from the Dakota County Recycling Program to order 14 Big Belly brand trash/recycling cans for the Downtown Area. The existing cans have now been removed and replaced with the new, larger cans that include smart technology. The existing cans were first offered to all departments, with Facilities Maintenance needing only 1 can for City Hall. Since there was no other interest, we are requesting the remaining cans to be declared surplus property. In an effort to address our aged pickup truck fleet, replacement vehicles have been provided to the Public Works Department. The trucks listed above have reached their useful life in the Public Works fleet and now that replacement vehicles are in place, it is time to authorize them for public sale. Financial Impact: Neutral budgetary impact VIII-09 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: September 5, 2023 Item: Licensing and Zoning Cannabis Ordinance Updates Council Action Requested: Refer Cannabis Ordinance updates to Public Safety Committee. Background Information: At the March 6, 2023, meeting, City Council adopted the current Licensing and Zoning Cannabis Ordinances. The approval followed deliberation by the Public Safety Advisory Commission and the Public Safety Committee. As noted in the Council packet memo, at that time, the State Legislature was discussing Adult- Use Cannabis legislation and it was unclear as to what, if anything, was going to be approved. Since that time, new legislation has been approved and necessitates review of some provisions of the current ordinances. The Public Safety Committee of Council can review the features of the legislation that impact the local ordinance and make recommendations for updates. Financial Impact: NA Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: None VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: September 5, 2023 Item: Schedule Public Hearing Regarding Duluth EDA Financing Benedictine Health System Projects Council Action Requested: Approve Resolution Scheduling a Public Hearing on the Issuance of Health Care Facilities Revenue Obligations by the Duluth Economic Development Authority to Finance Projects by Benedictine Health System. Background Information: Regina Senior Living, an affiliate of Benedictine Health System operates a senior care facility (Benedictine Living Community—Regina) in Hastings, is planning some improvements at the facility. The proposal is to have the improvements at the Hasting facility, along with improvements at two other Benedictine affiliate locations (in Winona and New Brighton) be financed via the issuance of bonds by the Duluth Economic Development Authority. We are requesting the consent of the City (as the host of the project location) to the issuance of bonds by the DEDA to finance the improvements in Hastings. Under the tax rules, a public hearing is also required; therefore, we are asking that the City approve a resolution calling for a public hearing, publish notice of the public hearing, hold the public hearing; and following the public hearing, approve by resolution the issuance of the bonds by DEDA to finance the improvements in Hastings. If the City incurs any costs or expenses with respect to the above, those costs are paid by Benedictine. Financial Impact: The borrower will pay the City’s cost incurred in conjunction with the bond issuance. Consenting to the issuance has no effect on the City’s bond rating or capacity to issue bonds. Committee Discussion: Not applicable Attachment: Resolution Scheduling a Public Hearing on the Issuance of Health Care Facilities Revenue Obligations by the Duluth Economic Development Authority to Finance Projects by Benedictine Health System VIII-11 RESOLUTION NO. ___________ RESOLUTION SCHEDULING A PUBLIC HEARING ON THE ISSUANCE OF HEALTH CARE FACILITIES REVENUE OBLIGATIONS BY THE DULUTH ECONOMIC DEVELOPMENT AUTHORITY TO FINANCE PROJECTS BY BENEDICINE HEALTH SYSTEM BE IT RESOLVED, by the governing body of the City of Hastings, Dakota County, Minnesota, as follows: Section 1. Definitions. The capitalized terms used in this resolution have the meanings assigned below: Act: Minnesota Statutes, Sections 469.152 to 469.165, as amended. Authorized Officers: the Mayor and City Administrator of the City. Benedictine: Benedictine Health System d/b/a Benedictine, as Obligated Group Agent. Bond Counsel: Fryberger, Buchanan, Smith & Frederick, P.A. Borrower: Owner/Operator. City: the City of Hastings, Minnesota. Code: the Internal Revenue Code of 1986, as amended. DEDA: the Duluth Economic Development Authority. Governing Body: the Council of the City. Host City Project: the portion of the Project located in the City. Host Muncipalities: the City and the Cities of Winona, Minnesota and New Brighton, Minnesota. Master Indenture: the Master Trust Indenture dated July 1, 2021 among Benedictine, the initial members of the Obligated Group, and U.S. Bank Trust Company, National Association, successor in interest to U.S. Bank National Association, as Master Trustee. Obligated Group: as of the date of issuance of the Obligations, a group composed of the following affiliates of Benedictine: Benedictine Care Centers, Benedictine Health Center, Benedictine Living Communities, Inc., Benedictine Living Community of Wahpeton, Benedictine Living Community of Wahpeton, LLC, Bridges Care Center, City of Lakes Care Center, Ellendale Evergreen Place, Inc., Benedictine Living Community Owatonna, Madonna Meadows of Rochester, Madonna Summit of Byron, LLC, Madonna Towers of Rochester, Inc., VIII-11 2 Regina Senior Living, Saint Anne of Winona, St. Gertrude's Health Center, Steeple Pointe Senior Living Community and Villa St. Vincent. Obligated Group Agent: Benedictine, as obligated group agent under the Master Indenture. Obligations: means DEDA’s Revenue Bonds, Series 2023, proposed to be issued in a maximum principal amount of $16,000,000. Owner/Operator: Regina Senior Living, an affiliate of Benedictine. Project: the constructing, improving, renovating, furnishing and equipping of health care facilities located at: 1101 Black Oak Drive, New Brighton, Minnesota 55112, 1175 Nininger Road, Hastings, Minnesota 55033, and 1347 W. Broadway Street, Winona, Minnesota 55987. Section 2. Recitals. The Governing Body makes the following recitals of fact: 2.01 Representatives of Benedictine have represented to the City that: (a) the Host City Project is owned and operated by the Owner/Operator as a health care facility. The Owner/Operator provides health care and senior housing services available to residents of the City and in the surrounding area; (b) the Owner/Operator is a member of the Obligated Group, and is a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Code; (c) the Obligated Group desires to incur debt to pay or reimburse costs previously incurred to construct, improve, renovate and equip the Host City Project and pay costs associated with the financing; (d) the Obligated Group also desires to finance the other portions of the Project under the Act, which are located in jurisdictions of the other Host Municipalities; and (e) the proceeds of the Obligations will be loaned to the Obligated Group to finance the Project, including the Host City Project. 1.02 Bond Counsel to DEDA has advised the City as follows: (a) the legal authority for the issuance of the Obligations is the Act; (b) the Act authorizes DEDA to issue revenue obligations to finance indebtedness incurred by an organization engaged in providing health care facilities and services; (c) in order for interest on the Obligations to be exempt from federal income taxation, the tax-exempt bond rules of the Code require that each jurisdiction in which a VIII-11 3 portion of the Project is located must hold a public hearing on the Project and approve the issuance of the Obligations; and (d) in order for the Obligations to be legally issued by the Issuer, Minnesota State law (Minnesota Statues, Section 471.656) requires that the City consent to the issuance of the Obligations by the Issuer. Section 2. Public Hearing. 2.01 The City agrees to hold a public hearing on the Project and issuance of the Obligations by DEDA. 2.02 The City Administrator, or Bond Counsel at the direction of the City Administrator, is authorized and directed to publish the notice substantially in the form attached hereto as Exhibit A, in the official newspaper of the City and a newspaper of general circulation in the City not less than 14 days nor more than 30 days prior to the date set for the public hearing; provided that if the official newspaper of the City is a newspaper of general circulation in the City, the notice may be published only once. Section 3. City Costs. Benedictine has agreed that it will pay the administrative fees of the City and pay, or, upon demand, reimburse the City for payment of, any and all costs incurred by the City in connection with the issuance of the Obligations, whether or not the Project is carried to completion, or the Obligations are issued. Adopted: September 5, 2023. Mayor Attest: City Administrator VIII-11 NOTICE OF PUBLIC HEARING ON PROPOSED PROJECT AND THE ISSUANCE OF PRIVATE ACTIVITY BONDS CITY OF HASTINGS, MINNESOTA Notice is hereby given that the governing body of City of Hastings, Minnesota (the “City”) will meet on Monday, October 2, 2023, at 7:00 p.m., or as soon thereafter as reasonably possible in the City Council Chambers at City Hall located at 101 East 4th Street, Hastings, Minnesota, for the purpose of conducting a public hearing to consider giving host approval to the issuance by the Duluth Economic Development Authority (the “Issuer”) of revenue obligations, in one or more series, under Minnesota Statutes, Sections 469.152 through 469.165 (the “Act”), in order to finance the cost of financing, refinancing and reimbursing all or a portion of the costs of constructing, improving, renovating, furnishing and equipping health care facilities located at 1175 Nininger Road in the City (the “Project”), funding a debt service reserve fund, paying capitalized interest, and paying a portion of the costs associated with the financing, in the maximum amount of $3,600,000, all on behalf of, Benedictine Health System d/b/a Benedictine, a Minnesota nonprofit corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (“Benedictine”), and certain of its affiliates, including without limitation: Benedictine Care Centers; Regina Senior Living; and Saint Anne of Winona. The proposed revenue obligations will be qualified 501(c)(3) bonds as defined in Section 145 of the Code. Benedictine has proposed combining the financing for the Project with the financing of other projects of the aforementioned affiliates which are located in the Cities of Winona and New Brighton, Minnesota (collectively with the City, the “Host Municipalities”), with the total amount of the obligations to be issued presently being estimated at not to exceed $16,000,000. Regina Senior Living owns and operates the Project. The obligations and interest thereon shall not be payable from nor charged against any funds of the Host Municipalities or the Issuer other than revenue pledged for the payment thereof, nor shall the Host Municipalities or the Issuer be subject to any liability thereon. No holders of the obligations shall ever have the right to compel any exercise of the taxing power of the Host Municipalities or the Issuer to pay the obligations or the interest thereon, nor to enforce payment against any property of the Host Municipalities or the Issuer. Such obligations shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the Host Municipalities or the Issuer, nor shall the same constitute a debt of the Host Municipalities or the Issuer within the meaning of any constitutional or statutory limitations. All persons interested may appear and be heard at the time and place set forth above or may submit written comments to the City Administrator in advance of the hearing. VIII-11 EXTRACT OF MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hastings, Minnesota, was held at City Hall located in Hastings, Minnesota, on September 5, 2023, at 7:00 p.m. The following members were present: and the following members were absent: MOTION: Member ________________________ moved to adopt Resolution No. ___________, entitled “Resolution Scheduling a Public Hearing on the Issuance of Health Care Facilities Revenue Obligations by the Duluth Economic Development Authority to Finance Projects by Benedictine Health System,” the reading of which had been dispensed with by unanimous consent. SECOND: Member _______________ RESULT: On a roll call vote the motion was carried. Ayes: Nays: Not Voting: Absent: VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Jamie Stevens, Fire Inspector Date: September 5, 2023 Item: 1st Reading: City Code Amendment – Chapters 156 and 157 – Property Maintenance Code and Structure Maintenance Code Council Action Requested: Consider the following actions amending the Hastings City Code: 1) Consider 1st Reading and Order a Public Hearing: City Code Chapter 156 – International Property Maintenance Code 2) Consider 1st Reading and Order a Public Hearing: City Code Chapter 157 – Structure Maintenance Code for Rental Residential Properties The public hearing and 2nd reading would be scheduled for the September 18, 2023 City Council Meeting. A simple majority is necessary for action. Background: The proposed amendments establish property and structural maintenance requirements for residential rental units. Proposed changes include: • Adopt the most current version of the International Property Code by reference. • Update definitions to be consistent with other sections of the City Code. • Owners of Hastings residential rental properties residing in St. Croix and Pierce County Wisconsin no longer need to have a property management agent residing within the 7 County Metro. • Ultimate responsibility for compliance is the responsibility of the property owner. • Licenses issued for two years instead of one year (this would match what we are currently doing). • Rental dwelling units of immediate housing members no longer exempt from permit requirements. • License fees would be invoiced 30 days from expiration. • All licenses must be posted on site. • Simplifies the ability of the Housing Official to revoke license if requirements are not met. Financial Impact: N\A VIII-12 Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Ordinance Amendment – Chapter 156 • Ordinance Amendment – Chapter 157 • Redlined version of code VIII-12 1 ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 156 – INTERNATIONAL PROPERTY MAINTENANCE CODE The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, State of Minnesota, Chapter 156 – International Property Maintenance Code shall be stricken in its entirety and replaced with the following language: 156.01 Adoption of International Property Maintenance Code Except as modified or amended by the Minnesota State Building Code (or as it may be amended) or by City ordinance, or by this Chapter, the most current edition of the International Property Maintenance Code (IPMC) is adopted by reference and is made apart of this City Code as is fully set out at length. One (1) copy of the IPMC, together with a copy of this Chapter, each marked “Official Copy”, must be kept on file at City Hall and be available for public inspection. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes 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 ________________ modifies the City Ordinance to adopt the most current version of the International Property Maintenance Code. SECTION 5. 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 Fasbender, Mayor VIII-12 2 Attest: ____________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on ________________ VIII-12 1 ORDINANCE NO. 2023- AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA AMENDING HASTINGS CITY CODE CHAPTER 157 – STRUCTURE MAINTENANCE CODE FOR RENTAL RESIDENTIAL PROPERTIES The City Council of the City of Hastings, Minnesota does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, State of Minnesota, Chapter 157 – Structure Maintenance Code for Rental Residential Properties shall be stricken in its entirety and replaced with the following language: CHAPTER 157 STRUCTURE MAINTENANCE CODE FOR RENTAL RESIDENTIAL PROPERTIES 157.01 Short Title This chapter may be cited as the City of Hastings Structure Maintenance Code, or the Structure Code. 157.02 Policy, Purpose, Intent 1. Policy. It is the policy of the city to enhance the supply of safe, sanitary, and adequate structures for its citizens and to prevent the deterioration of the existing structures of the city. 2. Purpose. The purpose of this chapter is to carry out the policy stated in Section 157.02(1) by establishing minimum standards, and procedures for their enforcement consistent with the right to personal privacy, for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. 3. Objectives. The objectives of this chapter include, but are not limited to, the following: 1. Protection and preservation of the stability and character of residential areas in the city. 2. The prevention and correction of structure conditions that adversely affect the life, safety, health, and general well-being of persons occupying dwellings in the city. 3. The establishment of minimum standards for light, ventilation, cooling, heating, and sanitary equipment necessary to insure the health and safety of occupants of rental dwellings. 4. The establishment of minimum standards for the maintenance of rental residential dwellings. VIII-12 2 5. The prevention of the emergence of blighted and deteriorating structures in the city. 6. The prevention of overcrowding of rental dwellings. 7. The preservation of the value of land and structures in the city. 4. Intent, Relation To The Provisions Of City Code. The City Council intends that the Structure Code be an integral part of the city’s program of health, safety, building and land use regulation. This chapter is to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose, and objectives of this section, but is not to be construed to modify, amend, or otherwise alter the provisions of the city code relating to health, safety, structure, or land use regulation. (Prior code, § 17.02) 157.03 Adoption of International Property Maintenance Code 1. The International Property Maintenance Code (IPMC) is adopted per City Code Chapter 156.01. (Prior code, § 17.03) 157.04 Definitions General. For purposes of this chapter the terms defined in this section have the following meanings given them. ADEQUATE HEAT means heat sufficient to maintain a temperature of 68 degrees Fahrenheit at a height of 3 feet above the floor in all habitable rooms, bathrooms, and water closet compartments. BUILDING CODE means Chapter 50 and 150 of the city code. CITY CODE means the Hastings City Code. CODE or THIS CODE means the Structure Maintenance Code. COMMON AREAS means halls, corridors, passageways, utility rooms, recreational rooms and landscaped areas, not under the exclusive control of a single person, housing unit in or adjacent to a multiple family dwelling. DWELLING means a building or a portion of a building designed for residential occupancy DWELLING, TWO-FAMILY. A detached residential dwelling building containing two dwelling units. VIII-12 3 DWELLING, MULTIPLE-FAMILY. A residential building designed for two or more families, with the number of families in residence not exceeding the number of dwelling units provided. DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. DWELLING UNIT means A building or portion thereof, constituting an independent housekeeping establishment for owner occupancy, rental, or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities. HOUSING OFFICIAL means Building Official or designee. IMMEDIATE FAMILY means close relatives by birth or marriage including siblings, parents, children, in-laws and any financial dependents. OPERATOR means Building Manager or owner representative charged with the maintenance or operation of the building. OWNER, OWNER-OPERATOR or OPERATOR means any person, firm or corporation who alone, jointly, or separately with others is in actual possession of or has charge, care or control of a dwelling or dwelling unit or structure in the city as owner, employee or agent of the owner or as trustee or guardian of the estate or the person is the title holder, and such person is bound by the provision of this code to the same extent as the owner. RENTAL RESIDENTIAL PROPERTY means an occupied single- or multiple family rental dwelling or dwelling unit that is let to a party other than the registered owner of the property. REPAIR means to restore to a sound acceptable state of operation, serviceability or appearance. REPLACE means to remove an existing item or portion of a system and to construct or install a new item of similar or new quality as an existing item when new when repair of the item is impractical. RESIDENT AGENT AREA is limited to the following counties within the State of Minnesota: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Scott, and Washington. Resident Agent Area also includes the following counties in the State of Wisconsin: St. Croix and Pierce. STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. VIII-12 4 ZONING ORDINANCE means the Chapter 155 of the city code. 1. Relation To Other Code Definitions. Except as expressly provided in this code, the words, terms, and phrases as used in this code have the meanings given them by the City Code. In cases where conflicting definitions of a word, term or phrase make its precise meaning unclear in its application to particular facts, the City Administrator shall resolve the conflict. 157.05 Application 1. General. This code applies to rental residential properties including structures, their premises, accessory structures thereto, and dwelling units therein, used or designed to be used for human habitation or storage. 2. Existing Structures. 1. A building lawfully existing under the Minnesota State Building Code must conform to this code. A building need not be altered or changed to exceed the requirements of the Minnesota State Building Code in effect at the time of its construction, except in the following cases: a) If the structure is altered or enlarged pursuant to Minnesota State Building Code; b) If the structure is moved or relocated; or c) If the structure is determined to be unsafe or hazardous by the Building Official pursuant to the Minnesota State Building Code, International Property Maintenance Code, or state law. 2. Occupancy in structures lawfully existing under the Building Code may be continued under this code. (Prior code, § 17.05) 157.06 Duties Of Owners And Occupants 1. Sanitation. The occupant of a dwelling or dwelling unit must maintain in a clean and sanitary condition that part of the dwelling, dwelling unit, and yard that the occupant occupies and controls; and is responsible for the occupant’s own misuse of areas and facilities available in common. The owner or operator of a two-family dwelling or multiple family dwelling must maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard. The occupant of a dwelling unit must keep all mechanical equipment and appliances, including furnace, water heater, plumbing fixtures, air conditioner, stove, refrigerator, dishwasher, and the like in a clean and sanitary condition and is responsible for the exercise of reasonable care in their proper use and operation. 2. Removal Of Waste Matter. The occupant of a dwelling unit must dispose of rubbish, ashes, garbage, and other organic waste in a clean and sanitary manner as required in the city code. The owner or operator of a multiple-family dwelling is responsible for the clean and sanitary maintenance of common storage or disposal VIII-12 5 facilities and must dispose of rubbish in a clean and sanitary manner as required in the city code. 3. Pest Extermination. The occupant or owner of a single-family dwelling unit is responsible for the extermination of vermin infestations or rodents on the premises. The occupant or owner of a dwelling unit in a building containing more than one dwelling unit is responsible for such extermination when the dwelling unit is infested. When infestation is caused by the failure of the owner or operator to maintain a building containing dwelling units in a reasonable rodent-resistant or reasonably vermin-resistant condition, pest extermination is the responsibility of the owner or operator. After extermination it is the responsibility of the owner or operator, to provide evidence that the infestation has been eliminated and steps have been taken to prevent a reoccurrence as designated by appropriate city officials. If infestation exists in two or more dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, pest extermination is the responsibility of the owner or operator. 4. Heat. The owner or operator of a building containing two or more dwelling units must supply facilities capable of providing Adequate Heat to every habitable room therein. For the purposes of subdivision 5. Utilities. Except as otherwise provided by law, an owner, operator, or occupant may not cause service equipment or utility service that is required by this code to be removed, shut off or discontinued for any occupied dwelling let or occupied by that person, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies. 6. Transfer Of Responsibility. A contract between owner and operator, operator and occupant, or owner and occupant, with regard to compliance with this code, does not relieve the owner or operator of a duty imposed by this chapter. 7. Notice Of Maximum Occupancy. An owner or operator must advise the occupant, in writing, by insertion in the lease between the parties or otherwise, the maximum number of occupants permitted in occupied premises subject to this code. 8. Owner Ultimately Responsible. The owner of a dwelling or dwelling unit is ultimately responsible for compliance of all duties listed within this section if the occupant fails to meet compliance. (Prior code, § 17.06) 157.07 Administration; Enforcement; Inspection 1. Administration And Enforcement. The Housing Official is responsible for the administration and enforcement of this chapter. 2. Compliance. When the Housing Official determines that there exists in a building or a portion thereof conditions that constitute a violation of this code, the Housing Official may begin enforcement procedures. (Prior code, § 17.07) 157.08 Licensing Of Rental Units VIII-12 6 1. General Rule. Owners of rental dwelling units shall be required to obtain a license The license is issued for a period of two years and expires two years from the date of issuance. License renewal notices will be sent via U.S. Mail 60 days prior to the expiration date. Penalties for late payment will be added as outlined in Section 110.19 of the Hastings City Code. Site inspections are performed upon initial permit, then every two years from then on. 2. Application. This section is intended to provide standards for licensed rental housing and to allow resolution of complaints regarding licensed rental housing. All rental dwellings shall conform to the requirements of this section, without regard to when it was constructed, altered, or repaired. This section establishes minimum standards for maintaining rental dwellings and their accessory structures and related premises. 3. License Fees. Owners of rental dwellings shall pay a license fee prior to issuance of a rental license. License fees will be invoiced to the owner within 30 days of the license expiration. License fees are due upon occupancy of newly rented dwelling units. License fees are established in Section 34.03 of the Hastings City Code – Fee Schedule. 4. Conditions. A license is non-transferable. The license fee is not refundable upon revocation or suspension 5. Licensing phase-in policy. Commencing on April 1, 1998, initial licensing inspection will begin according to inspection areas established by the Housing Official. 6. Application Information. Applications for a license or renewal of a license must be made by the owner of a rental dwelling. Application forms are filed with the Housing Official. The application form must supply: a) Name, address, email, and telephone number of dwelling owner, partners if partnership, corporate officers if corporation; b) Name, address, email, and telephone number of designated operator or agent, if any; c) Name, address, email, and telephone number of vendee, if the dwelling is being sold through a contract for deed; d) Legal address and parcel identification number; e) Number of dwelling or rental units; f) Description of procedure by which tenant inquiries and complaints are to be processed. 7. Notice Of Change. The licensee must give notice in writing to the Housing Official within five business days after any change of information in the application. Notice of transfer of ownership is governed by Section 157.08, subd. 12 8. Resident Agent Area Requirements. Owners residing outside of the Resident Agent Area must designate in writing the name of a resident agent or operator with offices within the Resident Agent Area who is: a) Responsible for maintenance and upkeep; b) Legally constituted and empowered to receive service of notice of violation of the provisions of city ordinances, to receive orders and to institute remedial action to affect such orders; and VIII-12 7 c) To accept service or process pursuant to law. The Housing Official must be notified in writing by the owner of a change of resident agent. 9. Conformance To Laws. An operating license will not be issued or renewed unless the rental unit and its premises conform to this section, the ordinances of the city and laws of the State of Minnesota. 10. Inspection Condition. An operating license will not be issued or renewed unless the owner of the rental unit agrees in the application to permit inspection pursuant to § 157.09. 11. Posting Of License. The licensee must conspicuously post the current license in the main entry way or other conspicuous location in a frame with a glass or plastic cover. 12. Non-Transferable. Licenses may not be transferred. A new license must be approved prior to transfer of the property. 13. License, Suspension And Revocation. An operating license is subject to suspension or revocation by the Housing Official or designee if the licensed owner fails to operate or maintain licensed rental dwellings and units therein consistent with this chapter. Suspension or revocation of an operating license may be appealed to the City Council. If an operating license is suspended or revoked by the staff, it is unlawful for the owner to permit new occupancy of vacant rental units until a valid operating license is issued by the city. 157.09 Enforcement Authority 1. Inspection Authority. The Housing Official may inspect on complaint, change in ownership, or otherwise when reason exists to believe that a violation of this chapter has been or is being committed. Except in the case of emergency, inspections must be conducted during reasonable daylight hours. The Housing Official must present evidence of official authority to the occupant in charge of a rental dwelling unit. 2. Inspection Access. If an owner, occupant, or other person in charge of a dwelling unit licensed under this section fails or refuses to permit free access and entry for inspection purposes, the Housing Official may revoke the license until such inspection can be secured. 157.10 Minimum Requirements; Implementation Standards; Policies 1. Minimum Requirements. The minimum requirements imposed by this chapter include those standards or requirements in effect on the date of the construction of a building subject to this chapter. It is not the intention of this code to require all buildings to be upgraded to meet all requirements of the present Building Code. 2. Implementation Standards. In administering this code, the Housing Official will treat the following as conditions constituting an immediate hazard to health and safety: a. Heating systems, woodburning stove, fireplaces, oil burners and alike, that are unsafe due to: burned out or rusted heat exchanger (fire box); burned VIII-12 8 out or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space; b. Water heaters that are unsafe due to: burned out or rusted out heat exchanger (fire box); burned out, rusted out, or plugged flues; not being vented; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves; c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems; ungrounded appliances in contact with earth; d. Plumbing systems that are unsanitary due to: leaking waste systems fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connection of pure water supply with fixtures or sewage lines; e. Structural systems, walls, chimneys, ceilings, roofs, foundations, and floor systems, that will not safely carry imposed loads; f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy, including lack of light and air; g. Infestation of rats, insects, and other vermin. 3. Foundations, Exterior Walls And Roof. The foundation, exterior walls, and exterior roof shall be substantially watertight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the structure. The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rainwater from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. 4. Exterior Doors And Windows. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin, and rodents from entering the building. Garages attached or detached shall have a fully operational overhead door or barn-type doors. 157.11 Reporting Forms, Records The Housing Official must prepare forms and certificates necessary to carry out the provisions of this code. The Housing Official must design appropriate systems of accumulating or organizing and cataloging data relating to the condition, adequacy, and availability of rental residential housing in the city and must report on these matters from time to time to the City Council at its request. The Housing Official’s report must also VIII-12 9 contain recommendations for modifications in the provisions of this chapter and its administration. 157.12 Hazardous Conditions, Built-In Deficiencies, Procedure 1. Procedure. If the Housing Official determines that there exists in a building a condition that constitutes an immediate hazard to the health and safety of its occupants, the Housing Official may: a) Issue a compliance order requiring immediate compliance if the condition can reasonably be corrected; b) Proceed against the building pursuant to applicable city code provisions and state laws relating to hazardous or unsafe structures; or c) Recommend that the City Council proceed to correct the condition by abating it as a nuisance under City Code Chapter 95.96, and through issuance of an Administrative Citation per City Code Chapter 10.25. 2. Built In Deficiencies. It is determined that certain conditions within existing buildings, lawful at the time of the construction of the building, may not comply with the minimum requirements of this chapter. Such conditions are herein referred to as built-in deficiencies, and the Housing Official, in administering this chapter, must consider the following built-in deficiencies as being beyond reasonable correction: a) Ceiling heights. An existing habitable room with less than a 7-foot ceiling height. b) Superficial floor area. An existing habitable room with less than 70 square feet. c) Natural light and ventilation. An existing habitable room with window area less than 8% of the floor area provided, however, that in no case may the required area of light and ventilation be less than 5% of the floor area. 157.13 Inspections 1. Records. Except in the case of emergency, inspections must be conducted during reasonable hours. The Housing Official must present evidence of authority to the owner or occupant in charge of a dwelling unit. Subject to the provisions of law, the Housing Official must keep evidence, exclusive of the inspection records, discovered or obtained in the course of an inspection confidential. 2. Unfit For Human Habitation. A dwelling, dwelling unit or rooming unit or portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe, vermin- or rodent-infested or which lacks provision for basic illumination, ventilation, or sanitary facilities to the extent that the defects create a hazard to the health, safety, and welfare of the occupants or of the public may be declared unfit for human habitation. If a dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the Housing Official must order the same vacated within a reasonable time and post a placard on same indicating that it is unfit for human habitation. 3. Correction. It is unlawful for a dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until defective conditions have been corrected and written approval has been issued by the Housing Official. It is VIII-12 10 unlawful to deface or remove the declaration placard from a dwelling, dwelling unit, or rooming unit. 4. Secure Unfit And Vacated Dwellings. The owner of a dwelling, dwelling unit, or rooming unit that has been declared unfit for human habitation or that is otherwise vacant for a period of 60 days or more must make the same safe and secure so that it is not hazardous to the health, safety, and welfare of the public and does not constitute a public nuisance. A vacant dwelling open at doors, windows, or wall opening, if unguarded, is deemed to be a hazard to the health, safety, and welfare of the public and a public nuisance within the meaning of this section. 5. Hazardous Building Declaration. If a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be declared a hazardous building and may be removed, razed, or corrected pursuant to the city code and provisions of M.S. Chapter 463, as it may be amended from time to time. 6. Compliance Procedure Order. If the Housing Official determines that a rental dwelling, rental dwelling unit or rooming unit or portion thereof is in violation of an order of this chapter, the Housing Official may issue a compliance order setting forth the violations of such and ordering the owner/occupant, operator, or agent to correct such violation. The compliance order must: a) Be in writing; b) Describe the location and nature of the violations of this section; c) Establish a reasonable time for the correction of the violation and notify the owner of appeal procedures; d) Be served upon the owner, owner’s agent, or the occupant, as the case may be the notice is deemed to be properly served upon owner or agent, or upon any such occupant, if a copy thereof is: 1. Served upon the owner or agent; or 2. Sent by registered mail to the owner or agent’s last known address; or 3. Served pursuant to M.S. § 463.17, Subdivision 2, as it may be amended from time to time. 4. Pursuant to M.S. § 145A.04, as it may be amended from time to time. 157.14 REMOVED 157.15 Restrictions On Transfer Of Ownership It is unlawful for the owner of a dwelling, dwelling unit or rooming unit upon whom a Compliance Order has been served to sell, transfer, mortgage or lease or otherwise dispose the dwelling, dwelling unit, or rooming unit to another person until the compliance order has been complied with, unless the owner furnishes to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and obtains and possesses a receipt of acknowledgment. A person obtaining an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a compliance order is bound by the order without further notice and is subject to the penalties and procedures provided by this chapter. 157.99 Penalty VIII-12 11 1. General. It is unlawful to erect, construct, enlarge, alter, repair, move, improve, equip, use, occupy or maintain any building or structure within the City contrary to the provisions of this chapter. 2. Non-compliance. Failure to comply with a lawfully issued compliance order is a violation of this chapter. SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes 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 ________________ modifies the City Ordinance modify procedures and responsibilities for maintenance and licensing of residential rental properties. SECTION 5. 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 Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk Published in the Hastings Journal on ________________ VIII-12 CHAPTER 156 INTERNATIONAL PROPERTY MAINTENANCE CODE 156.01 Adoption By Reference 156.01 Adoption By Referenceof International Property Maintenance Code The 2006 International Property Maintenance Code is hereby adopted by reference and incorporated herein as if set out in full. If any provision of the IPMC is inconsistent with a specific provision of this city code, the more restrictive provisions of the city code shall control.Except as modified or amended by the Minnesota State Building Code (or as it may be amended) or by City ordinance, or by this Chapter, the most current edition of the International Property Maintenance Code (IPMC) is adopted by reference and is made apart of this City Code as is fully set out at length. One (1) copy of the IPMC, together with a copy of this Chapter, each marked “Official Copy”, must be kept on file at City Hall and be available for public inspection. The following provisions of the IPMC are modified or clarified as follows: Cross-reference: Structure Maintenance Code for Rental Residential Properties, see Ch. 157 HISTORY Amended by Ord. 2014-10, 3rd Series on 5/19/2014 CHAPTER 157 STRUCTURE MAINTENANCE CODE FOR RENTAL RESIDENTIAL PROPERTIES 157.01 Short Title 157.02 Policy, Purpose, Intent 157.03 Adoption Of 2006 International Property Maintenance Code By Reference 157.04 Definitions 157.05 Application 157.06 Duties Of Owners And Occupants 157.07 Administration; Enforcement; Inspection 157.08 Licensing Of Rental Units 157.09 Enforcement Authority 157.10 Minimum Requirements; Implementation Standards; Policies 157.11 Reporting Forms, Records 157.12 Hazardous Conditions, Built-In Deficiencies, Procedure 157.13 Inspections 157.15 Restrictions On Transfer Of Ownership 157.99 Penalty Cross-reference: International Property Maintenance Code, see Ch. 156 HISTORY Adopted by Ord. 418, 2nd Series on 11/3/1997 Amended by Ord. 423, 2nd Series on 12/15/1997 Repealed by Ord. 2022-13 on 4/18/2022 157.01 Short Title This chapter may be cited as the City of Hastings Structure Maintenance Code, or the Structure Code. VIII-12 (Prior code, § 17.01) 157.02 Policy, Purpose, Intent 1. Policy. It is the policy of the city to enhance the supply of safe, sanitary and adequate structures for its citizens and to prevent the deterioration of the existing structures of the city. 2. Purpose. The purpose of this chapter is to carry out the policy stated in Section 2.1157.02(1) by establishing minimum standards, and procedures for their enforcement consistent with the right to personal privacy, for the protection of life, limb, health, property, safety and welfare of the general public and the owners and occupants of residential buildings. 3. Objectives. The objectives of this chapter include, but are not limited to, the following: 1. Protection and preservation of the stability and character of residential areas in the city. 2. The prevention and correction of structure conditions that adversely affect the life, safety, health and general well-being of persons occupying dwellings in the city. 3. The establishment of minimum standards for light, ventilation, cooling, heating and sanitary equipment necessary to insure the health and safety of occupants of rental dwellings. 4. The establishment of minimum standards for the maintenance of rental residential dwellings. 5. The prevention of the emergence of blighted and deteriorating structures in the city. 6. The prevention of overcrowding of rental dwellings. 7. The preservation of the value of land and structures in the city. 4. Intent, Relation To The Provisions Of City Code. The City Council intends that the Structure Code be an integral part of the city’s program of health, safety, building and land use regulation. This chapter is to be construed liberally in conjunction with other provisions of the City Code to give effect to the policy, purpose and objectives of this section, but is not to be construed to modify, amend or otherwise alter the provisions of the city code relating to health, safety, structure, or land use regulation. (Prior code, § 17.02) 157.03 Adoption Of 2006 International Property Maintenance Code By Referenceof International Property Maintenance Code 1. Code Adopted. The 2006 International Property Maintenance Code, published by International Code Council, Inc., except as modified or amended herein, is adopted by reference and is made a part of this code as if fully set out at length.The International Property Maintenance Code (IPMC) is adopted per City Code Chapter 156.01. 2. Copy On File. One copy of the 2006 International Property Maintenance Code will be kept on file in the office of the City Clerk and available for public inspection at reasonable times. (Prior code, § 17.03) 157.04 Definitions General. For purposes of this chapter the terms defined in this section have the following meanings given them. ADEQUATE HEAT means heat sufficient to maintain a temperature of 68 degrees Fahrenheit at a height of 3 feet above the floor in all habitable rooms, bathrooms and water closet compartments. VIII-12 BUILDING CODE means Chapter 50 and 150 of the city code. CITY CODE means the Hastings City Code. CODE or THIS CODE means the Structure Maintenance Code. COMMON AREAS means halls, corridors, passageways, utility rooms, recreational rooms and landscaped areas, not under the exclusive control of a single person, housing unit in or adjacent to a multiple family dwelling. HOUSING OFFICIAL means the Supervisor of Inspections and Code Enforcement, the Building Official, or their designees. (Ord. 2014-11 3rd Series, Adopted 5-19-14) COMMON AREAS means halls, corridors, passageways, utility rooms, recreational rooms and extensive landscaped areas, not under the exclusive control of 1one person or family, in or adjacent to a multiple dwelling. DWELLING means a building or a portion of a building designed for residential occupancy: The term includes single-family, 2-family and multiple-family apartments, condominiums, hotels, motels and Bed and Breakfasts. DWELLING, TWO-FAMILY. A detached residential dwelling building containing two dwelling units. DWELLING, MULTIPLE-FAMILY. A residential building designed for two or more families, with the number of families in residence not exceeding the number of dwelling units provided. DWELLING, SINGLE-FAMILY. A detached residential dwelling unit other than a manufactured home, designed for and occupied by one family only. DWELLING UNIT means A building or portion thereof, constituting an independent housekeeping establishment for owner occupancy, rental, or lease and separate from any other dwelling units that may be in the same structure and containing independent cooking and sleeping facilities.: A single-family dwelling; and A discrete portion of a dwelling designed for occupancy by 1 family. HOUSING OFFICIAL means Supervisor of Inspections and Code EnforcementBuilding Official or designee. IMMEDIATE FAMILY means close relatives by birth or marriage including siblings, parents, children, in-laws and any financial dependents. OPERATOR means Building Manager or owner representative charged with the maintenance or operation of the building. OWNER, OWNER-OPERATOR or OPERATOR means any person, firm or corporation who Commented [JHA1]: Placed in alphabetical order VIII-12 alone, jointly, or separately with others is in actual possession of or has charge, care or control of a dwelling or dwelling unit or structure in the city as owner, employee or agent of the owner or as trustee or guardian of the estate or the person is the title holder, and such person is bound by the provision of this code to the same extent as the owner. RENTAL RESIDENTIAL PROPERTY means an occupied single- or multi-familymultiple family rental dwelling or dwelling unit that is let to a party other than the registered owner of the property. REPAIR means to restore to a sound acceptable state of operation, serviceability or appearance. REPLACE means to remove an existing item or portion of a system and to construct or install a new item of similar or new quality as an existing item when new when repair of the item is impractical. RESIDENT AGENT AREA is limited to the following counties within the State of Minnesota: Anoka, Carver, Dakota, Goodhue, Hennepin, Ramsey, Scott, and Washington. Resident Agent Area also includes the following counties in the State of Wisconsin: St. Croix and Pierce. STRUCTURE means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. ZONING ORDINANCE means the Chapter 155 of the city code. 1. Relation To Other Code Definitions. Except as expressly provided in this code, the words, terms and phrases as used in this code have the meanings given them by the City Code. In cases where conflicting definitions of a word, term or phrase make its precise meaning unclear in its application to particular facts, the City Administrator shall resolve the conflict. (Prior code, § 17.04) HISTORY Amended by Ord. 2009-09, 3rd Series on 9/8/2009 Amended by Ord. 2014-11, 3rd Series on 5/19/2014 157.05 Application 1. General. This code applies to rental residential properties including: structures, their premises, accessory structures thereto, and dwelling units therein, used or designed to be used for human habitation or storage. 2. Existing Structures. 1. A building lawfully existing under the Minnesota State Building Code must conform to this code. A building need not be altered or changed to exceed the requirements of the Minnesota State Building Code in effect at the time of its construction, except in the following cases: 1. If the structure is altered or enlarged pursuant to Minnesota State Building Code; 2. If the structure is moved or relocated; or 3. If the structure is determined to be unsafe or hazardous by the Building Official pursuant to the Minnesota State Building Code, 2006 International Property Maintenance Code or state law. 2. Occupancy in structures lawfully existing under the Building Code may be continued under this code. VIII-12 (Prior code, § 17.05) 157.06 Duties Of Owners And Occupants 1. Sanitation. The occupant of a dwelling or dwelling unit must maintain in a clean and sanitary condition that part of the dwelling, dwelling unit and yard that the occupant occupies and controls; and is responsible for the occupant’s own misuse of areas and facilities available in common. The owner or operator of a 2two-family dwelling or multiple family dwelling must maintain in a clean and sanitary condition the shared or public areas of the dwelling and yard. The occupant of a dwelling unit must keep all mechanical equipment and appliances, including furnace, water heater, plumbing fixtures, air conditioner, stove, refrigerator, dishwasher and the like in a clean and sanitary condition and is responsible for the exercise of reasonable care in their proper use and operation. 2. Removal Of Waste Matter. The occupant of a dwelling unit must dispose of rubbish, ashes, garbage and other organic waste in a clean and sanitary manner as required in the city code. The owner or operator of a multiple-family dwelling is responsible for the clean and sanitary maintenance of common storage or disposal facilities and must dispose of rubbish in a clean and sanitary manner as required in the city code. 3. Pest Extermination. The occupant or owner of a single-family dwelling unit is responsible for the extermination of vermin infestations or rodents on the premises. The occupant or owner of a dwelling unit in a building containing more than 1one dwelling unit is responsible for such extermination when the dwelling unit is infested. When infestation is caused by the failure of the owner or operator to maintain a building containing dwelling units in a reasonable rodent-resistant or reasonably vermin-resistant condition, pest extermination is the responsibility of the owner or operator. After extermination it is the responsibility of the owner or operator, to provide evidence that the infestation has been eliminated and steps have been taken to prevent a reoccurrence as designated by appropriate city officials. If infestation exists in 2two or more dwelling units in any dwelling, or in the shared or public parts of any dwelling containing 2two or more dwelling units, pest extermination is the responsibility of the owner or operator. 4. Heat. The owner or operator of a building containing 2two or more dwelling units must supply facilities capable of providing adequate Adequate hHeat to every habitable room therein. For the purposes of subdivision ADEQUATE HEAT means heat sufficient to maintain a temperature of 68 degrees Fahrenheit at a height of 3 feet above the floor in all habitable rooms, bathrooms and water closet compartments. 5. Utilities. Except as otherwise provided by law, an owner, operator or occupant may not cause service equipment or utility service that is required by this code to be removed, shut off or discontinued for any occupied dwelling let or occupied by that person, except for such temporary interruption as may be necessary while actual repairs or alterations are in process or during temporary emergencies. 6. Transfer Of Responsibility. A contract between owner and operator, operator and occupant, or owner and occupant, with regard to compliance with this code, does not relieve the owner or operator of a duty imposed by this chapter. 7. Notice Of Maximum Occupancy. An owner or operator must advise the occupant, in writing, by insertion in the lease between the parties or otherwise, the maximum number of occupants permitted in occupied premises subject to this code. 7.8. Owner Ultimately Responsible. The owner of a dwelling or dwelling unit is ultimately responsible for compliance of all duties listed within this section if the occupant fails to meet compliance. (Prior code, § 17.06) 157.07 Administration; Enforcement; Inspection VIII-12 1. Administration And Enforcement. The Building Housing Official is responsible for the administration and enforcement of this chapter. 2. Compliance. When the Housing Official determines that there exists in a building or a portion thereof conditions that constitute a violation of this code, the Housing Official may begin enforcement procedures. (Prior code, § 17.07) 157.08 Licensing Of Rental Units 1. General Rule. Owners of rental dwelling units shall be required to obtain a license. The license is issued every year and expires on July 31 each yearThe license is issued for a period of two years and expires two years from the date of issuance. License renewal notices will be sent via U.S. Mail 60 days prior to the expiration date. Penalties for late payment will be added as outlined in Section 110.19 of the Hastings City Code. Site inspections are performed initiallyupon initial permit, then every two years from then on. Exempt: Rental dwelling units housing immediate family members. 2. Application. This section is intended to provide standards for licensed rental housing and to allow resolution of complaints regarding licensed rental housing. All rental dwellings shall conform to the requirements of this section, without regard to when it was constructed, altered or repaired. This section establishes minimum standards for maintaining rental dwellings and their accessory structures and related premises. 3. License Fees. Owners of rental dwellings shall pay a license fee prior to issuance of a rental license. License fees will be invoiced to the owner within 30 days of the license expiration.Owners of rental dwellings shall pay an annual license fee. License fees are due by July 31 of each year. License fees are due upon occupancy of newly rented dwelling units. License fees are set by ordinanceestablished in Section 34.03 of the Hastings City Code – Fee Schedule adopted from time to time by the Hastings City Council. 4. Conditions. A license is non-transferable. The license fee is not refundable upon revocation or suspension. The license fee is refundable prorated monthly, upon proof of transfer of legal control or ownership. 5. Licensing phase-in policy. Commencing on April 1, 1998, initial licensing inspection will begin according to inspection areas established by the Housing Official. 6. Application Information. Applications for a license or renewal of a license must be made by the owner of a rental dwelling. Application forms are filed with the Housing Official. The application form must supply: 1. Name, address, email, and telephone number of dwelling owner, partners if partnership, corporate officers if corporation; 2. Name, address, email, and telephone number of designated operator or agent, if any; 3. Name, address, email, and telephone number of vendee, if the dwelling is being sold through a contract for deed; 4. Legal address and parcel identification number; 5. Number of dwelling or rental units; 6. Description of procedure by which tenant inquiries and complaints are to be processed. 7. Notice Of Change. The licensee must give notice in writing to the Housing Official within five business days after any change of information in the application. Notice of transfer of ownership is governed by division (L).Section 157.08, subd. 12 8. Resident Agent Area RequiredRequirements. Owners residing outside of the Resident Agent Area An operating license will not be issued or renewed for a non-resident owner of rental dwelling units (an owner who does not reside in any of the following Minnesota Counties: Hennepin, Ramsey, Anoka, Carver, Dakota, Goodhue, Scott or Washington) unless the owner designatesmust designate VIII-12 in writing the name of a resident agent or operator with offices within the Resident Agent Area (an agent who does reside in 1 of the aforementioned counties) who is: 1. `Responsible for maintenance and upkeep; 2. Legally constituted and empowered to receive service of notice of violation of the provisions of city ordinances, to receive orders and to institute remedial action to affect such orders; and 3. To accept service or process pursuant to law. The Housing Official must be notified in writing by the owner of a change of resident agent. 9. Conformance To Laws. An operating license will not be issued or renewed unless the rental unit and its premises conform to this section, the ordinances of the city and laws of the State of Minnesota. 10. Inspection Condition. An operating license will not be issued or renewed unless the owner of the rental unit agrees in the application to permit inspection pursuant to § 157.09. 11. Posting Of License. The licensee of a building containing three or more dwelling units must conspicuously post the current license in the main entry way or other conspicuous location in a frame with a glass or plastic cover. 12. TransferNon Transferable. The licensee must give notice in writing to the Housing Official within 5 business days after having legally transferred or otherwise disposed of the effective control of licensed rental property. The notice must include the name and address of the person succeeding to the ownership or control of the rental dwelling or dwellings. Licenses may not be transferred. A new license must be approved prior to transfer of the property. 13. License, Suspension And Revocation. An operating license is subject to suspension or revocation by the Housing Official or designee if the licensed owner fails to operate or maintain licensed rental dwellings and units therein consistent with this chapter. Suspension or revocation of an operating license may be appealed pursuant to provisions of § 157.14to the City Council. If an operating license is suspended or revoked by the staff, it is unlawful for the owner to permit new occupancy of vacant rental units until a valid operating license is issued by the city. (Prior code, § 17.08) (Ord. 423, passed 12-15-1997) HISTORY Amended by Ord. 2009-09, 3rd Series on 9/8/2009 157.09 Enforcement Authority 1. Inspection Authority. The Housing Official may inspect on complaint, change in ownership, or otherwise when reason exists to believe that a violation of this chapter has been or is being committed. Except in the case of emergency, inspections must be conducted during reasonable daylight hours. The Housing Official must present evidence of official authority to the occupant in charge of a rental dwelling unit. 2. Inspection Access. If an owner, occupant, or other person in charge of a dwelling unit licensed under this section fails or refuses to permit free access and entry for inspection purposes, the Housing Official may, upon a showing of probable cause, obtain orders from a court of competent jurisdiction for the inspection revoke the license until such inspection can be secured.. (Prior Code, § 17.09) 157.10 Minimum Requirements; Implementation Standards; Policies 1. Minimum Requirements. The minimum requirements imposed by this chapter include those standards or requirements in effect on the date of the construction of a building subject to this VIII-12 chapter. It is not the intention of this code to require all buildings to be upgraded to meet all requirements of the present Building Code. 2. Implementation Standards. In administering this code, the Housing Official will treat the following as conditions constituting an immediate hazard to health and safety: a. Heating systems, woodburning stove, fireplaces, oil burners and alike, that are unsafe due to: burned out or rusted heat exchanger (fire box); burned out or plugged flues; not being vented; being connected with unsafe gas supplies; or being incapable of adequately heating the living space; b. Water heaters that are unsafe due to: burned out or rusted out heat exchanger (fire box); burned out, rusted out, or plugged flues; not being vented; being connected with unsafe gas supplies; or lack of temperature and pressure relief valves; c. Electrical systems that are unsafe due to: dangerous overloading; damaged or deteriorated equipment; improperly tapped or spliced wiring; exposed uninsulated wires; distribution systems of extension cords or other temporary methods; ungrounded systems; ungrounded appliances in contact with earth; d. Plumbing systems that are unsanitary due to: leaking waste systems fixtures and traps; lack of water closet; lack of washing and bathing facilities; or cross connection of pure water supply with fixtures or sewage lines; e. Structural systems, walls, chimneys, ceilings, roofs, foundations and floor systems, that will not safely carry imposed loads; f. Refuse, garbage, human waste, decaying vermin or other dead animals, animal waste, other materials rendering it unsanitary for human occupancy, including lack of light and air; g. Infestation of rats, insects and other vermin. 3. Foundations, Exterior Walls And Roof. The foundation, exterior walls, and exterior roof shall be substantially water tight and protected against vermin and rodents and shall be kept in sound condition and repair. The foundation element shall adequately support the building at all points. Every exterior wall shall be free of deterioration, holes, breaks, loose or rotting boards or timbers, and any other condition which might admit rain or dampness to the interior portion of the walls or to the exterior spaces of the structure. The roof shall be tight and have no defects which admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective covering or treatment. 4. Exterior Doors And Windows. Every window, exterior door, and other exterior openings shall be substantially tight and shall be kept in sound condition and repair. Every window, other than a fixed window or storm window, shall be capable of being easily opened. Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction as to completely exclude rain, wind, vermin and rodents from entering the building. Garages attached or detached shall have a fully operational overhead door or barn-type doors. (Prior Code, § 17.10) 157.11 Reporting Forms, Records The Housing Official must prepare forms and certificates necessary to carry out the provisions of this code. The Housing Official must design appropriate systems of accumulating or organizing and cataloging data relating to the condition, adequacy, and availability of rental residential housing in the city and must report on these matters from time to time to the City Council at its request. The Housing Official’s report must also contain recommendations for modifications in the provisions of this chapter and its administration. (Prior Code, § 17.11) 157.12 Hazardous Conditions, Built-In Deficiencies, Procedure VIII-12 1. Procedure. If the Housing Official determines that there exists in a building a condition that constitutes an immediate hazard to the health and safety of its occupants, the Housing Official may: 1. Issue a compliance order requiring immediate compliance if the condition can reasonably be corrected; 2. Proceed against the building pursuant to applicable city code provisions and state laws relating to hazardous or unsafe structures; or 3. Recommend that the City Council proceed to correct the condition by abating it as a nuisance under M.S. § 429.101City Code Chapter 95.96, and through issuance of an Administrative Citation per City Code Chapter 10.25. as it may be amended from time to time, and this clause is to be construed as authorizing the imposition and billing of charges for the cost thereof and the assessment of unpaid charges against the property on which the building is located in the manner provided by M.S. § 429.101, as it may be amended from time to time. 2. Built In Deficiencies. It is determined that certain conditions within existing buildings, lawful at the time of the construction of the building, may not comply with the minimum requirements of this chapter. Such conditions are herein referred to as built-in deficiencies, and the Housing Official, in administering this chapter, must consider the following built-in deficiencies as being beyond reasonable correction: 1. Ceiling heights. An existing habitable room with less than a 7-foot ceiling height. 2. Superficial floor area. An existing habitable room with less than 70 square feet. 3. Natural light and ventilation. An existing habitable room with window area less than 8% of the floor area provided, however, that in no case may the required area of light and ventilation be less than 5% of the floor area. (Prior Code, § 17.12) 157.13 Inspections 1. Records. Except in the case of emergency, inspections must be conducted during reasonable hours. The Housing Official must present evidence of authority to the owner or occupant in charge of a dwelling unit. Subject to the provisions of law, the Housing Official must keep evidence, exclusive of the inspection records, discovered or obtained in the course of an inspection confidential. 2. Unfit For Human Habitation. A dwelling, dwelling unit or rooming unit or portion thereof that is damaged, decayed, dilapidated, unsanitary, unsafe, vermin- or rodent-infested or which lacks provision for basic illumination, ventilation or sanitary facilities to the extent that the defects create a hazard to the health, safety and welfare of the occupants or of the public may be declared unfit for human habitation. If a dwelling, dwelling unit, or rooming unit has been declared unfit for human habitation, the Housing Official must order the same vacated within a reasonable time and post a placard on same indicating that it is unfit for human habitation. 3. Correction. It is unlawful for a dwelling, dwelling unit or rooming unit or portion thereof to be used for human habitation until defective conditions have been corrected and written approval has been issued by the Housing Official. It is unlawful to deface or remove the declaration placard from a dwelling, dwelling unit or rooming unit. 4. Secure Unfit And Vacated Dwellings. The owner of a dwelling, dwelling unit, or rooming unit that has been declared unfit for human habitation or that is otherwise vacant for a period of 60 days or more must make the same safe and secure so that it is not hazardous to the health, safety and welfare of the public and does not constitute a public nuisance. A vacant dwelling open at doors, windows, or wall opening, if unguarded, is deemed to be a hazard to the health, safety and welfare of the public and a public nuisance within the meaning of this section. 5. Hazardous Building Declaration. If a dwelling has been declared unfit for human habitation and the owner has not remedied the defects within a prescribed reasonable time, the dwelling may be VIII-12 declared a hazardous building and may be removed, razed or corrected pursuant to the city code and provisions of M.S. Chapter 463, as it may be amended from time to time. 6. Compliance Procedure Order. If the Housing Official determines that a rental dwelling, rental dwelling unit or rooming unit or portion thereof is in violation of an order of this chapter, the Housing Official may issue a compliance order setting forth the violations of such and ordering the owner/occupant, operator or agent to correct such violation. The compliance order must: 1. Be in writing; 2. Describe the location and nature of the violations of this section; 3. Establish a reasonable time for the correction of the violation and notify the owner of appeal procedures; 4. Be served upon the owner, owner’s agent, or the occupant, as the case may be: the notice is deemed to be properly served upon owner or agent, or upon any such occupant, if a copy thereof is: 1. Served upon the owner or agent; or 2. Sent by registered mail to the owner or agent’s last known address; or 3. Upon failure to effect notice through division (F)(4)(a) or (F)(4)(b), service may be madeServed pursuant to M.S. § 463.17, Subdivision 2, as it may be amended from time to time, which reads as follows: 4.3. “Service. This order shall be served upon the owner of record, or his agent if an agent is in charge of the building, and upon the occupying tenant, if there is one, and upon all lien holders of record, in the manner provided for service of a summons in a civil action. If the owner cannot be found, the order shall be served upon them by posting it at the main entrance to the building and by four weeks’ publication in the official newspaper of the municipality if it has one, otherwise in a legal newspaper in the county;” or . 5.4. Pursuant to M.S. § 145A.04, as it may be amended from time to time. (Prior Code, § 17.13) 157.14 Removed 157.15 Restrictions On Transfer Of Ownership It is unlawful for the owner of a dwelling, dwelling unit or rooming unit upon whom a Compliance Order has been served to sell, transfer, mortgage or lease or otherwise dispose the dwelling, dwelling unit, or rooming unit to another person until the compliance order has been complied with, unless the owner furnishes to the grantee, lessee or mortgagee a true copy of any notice of violation or compliance order and obtains and possesses a receipt of acknowledgment. A person obtaining an interest in the dwelling, dwelling unit or rooming unit who has received notice of the existence of a compliance order is bound by the order without further notice and is subject to the penalties and procedures provided by this chapter. (Prior Code, § 17.15) 157.99 Penalty 1. General. It is unlawful to erect, construct, enlarge, alter, repair, move, improve, equip, use, occupy or maintain any building or structure within the City contrary to the provisions of this chapter. 2. Non-compliance. Failure to comply with a lawfully issued compliance order is a violation of this chapter. 3. (Prior Code, § 17.99) (Ord. 365, 2nd Series, passed 11-28-1994; Res. 1-9-00, passed 1-18-2000) VIII-12 VIII-12 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. ______________ A RESOLUTION ADOPTING THE PRELIMINARY 2024 CITY PROPERTY TAX LEVY, PRELIMINARY BUDGET, AND SETTING TRUTH IN TAXATION HEARING DATE WHEREAS, the City must annually prepare a budget that is responsive, responsible, and in alignment with our CORE values and strategic plan; and WHEREAS, departments prepare requests with are discussed and reviewed as a team and with the Finance Committee of the Council (Folch*, Fox, Leifeld); and WHEREAS, the Finance Committee and the City Council have met several times over the last few months to discuss the preliminary budget information; and WHEREAS, the committee has directed the City Administrator and staff to prepare a preliminary 2024 tax levy and budget, a special levy, and set a truth in taxation hearing date; and WHEREAS, provisions of the Minnesota Truth and Taxation Law require Cities to certify a Proposed Property Tax Levy and City Budget to the County Auditor by October 2, 2023; and WHEREAS, City staff was directed to set the 2024 City Preliminary levy at $18,627,405, the Preliminary Budget at $38,876,102, and to schedule a truth in taxation public hearing date at 7:00 p.m. on Monday, December 4, 2023 in the City Council Chambers at Hastings City Hall, with a continuation date (if needed) of Monday, December 18, 2023; and WHEREAS, the City has sufficient cash on hand to reduce the debt levy to $2,162,338. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; that the preliminary Property Tax Levy of the City of Hastings, for the 2023 City Budget to be certified is hereby adopted. Adopted this 5th day of September, 2023. ______________________________ Mary D. Fasbender, Mayor Attest: ___________________________ Kelly Murtaugh, City Clerk X-E-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _____________ A RESOLUTION APPROVING A PROPOSED 2024 HEDRA-HRA SPECIAL TAX LEVY WHEREAS, the Hastings Economic Development and Redevelopment Authority (the “Authority”) was created by the City Council of the City of Hastings (the “City”) pursuant to Minnesota Statutes, Sections 469.090 to 469.1081; and WHEREAS, the Authority was granted all of the powers of a municipal housing and redevelopment authority under Minnesota Statutes, Sections 469-001 to 469-047 (the “Act”); and WHEREAS, Section 469.033, Subdivision 6, of the Act, as amended, permits the Authority to levy and collect a special benefit tax of up to .0185 percent of taxable market value in the City upon all taxable property, real and personal, within the City; and WHEREAS, the Authority desires to levy such tax based upon the limit of .0185 % of the taxable market value; and WHEREAS, the levy of such a special benefit tax is subject to consent by Resolution of the City Council of the City of Hastings. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; that the City of Hastings HRA Special Levy be granted subject to the limit of .0185 percent of taxable market value as per Minnesota Statute. Adopted this 5th day of September 2023. _______________________________ Mary D. Fasbender, Mayor Attest: ___________________________ Kelly Murtaugh, City Clerk X-E-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: September 5, 2023 Item: Strategic Plan 2024-2027 Council Action Requested: Approve 2024-2027 Strategic Plan Background Information: In April, the City Council and Management Team held a facilitated retreat to develop priorities for the City’s strategic plan for the next couple years. Subsequently, the Management Team worked with consultant Craig Rapp to fill in a few blanks and refine the language of the priorities in particular, see page 2 of the report). On the operational side, the Management Team has also developed Action Plans for implementation of each of the 16 strategic initiatives. We are presently examining the “Project” module of MS Teams as a means for tracking progress on the initiatives. As with the 2021-2023 Strategic Plan, we will report progress to the City Council and the public on a quarterly basis. Financial Impact: Not applicable Committee Discussion: City Council retreat April 28, 2023 Attachment: 2024-2027 Strategic Plan (August 2023) X-E-03 FY 2024 – 2027STRATEGICPLANAUGUST 2023 X-E-03 917 W. Washington Blvd. #208 Chicago, IL 60607 800-550-0692 • rappconsultinggroup.com Craig R. Rapp President August 1, 2023 RE: 2024-2027 Strategic Plan – City of Hastings Dear Mayor Fasbender, I am pleased to present the 2024-2027 Strategic Plan and Summary Report to the City of Hastings. The plan reflects the organization’s priorities, commitment to measurable results and the delivery of quality services. It has been a pleasure assisting the City of Hastings with this important effort. The entire organization displayed openness, dedication, and a desire for continuous improvement. I particularly wish to thank City Administrator Dan Wietecha along with the City of Hasting's Management Team for their help and support during the process. Yours truly, X-E-03 TABLE OF CONTENTS 01 Transmittal Letter Executive Summary Strategic Plan Summary FY 2024-2027 Strategic Planning Process Core Values SWOT Analysis Strategic Priority 1: Financial Resilience Strategic Priority 2: Operational Effectiveness Strategic Priority 3: Responsive Community Development Strategic Priority 4: Infrastructure Sustainability Strategic Priority 5: Strategic Communication 02 03 05 06 07 08 09 10 11 Strategic Planning Participants 12 X-E-03 1 EXECUTIVE SUMMARY 1 Five Strategic Priorities The Plan FINANCIAL RESILIENCE From April 2023 through July 2023, the City of Hastings engaged in a strategic planning process. The process yielded a strategic plan covering 2024-2027. The planning effort began with an examination of the operating environment, consisting of a Strength, Weaknesses, Opportunities & Threats (SWOT) analysis. On April 28, 2023, the City’s leadership team held a full day strategic planning session. They identified a set of priorities, key outcomes, performance targets, and reviewed the City's vision, mission, and values statements. Based upon those priorities, the City’s management team met on May 18, 2023, to determine a set of strategic initiatives and begin the process of developing detailed action plans. The strategic priorities, key outcome indicators, performance targets and strategic initiatives are summarized here and on the following page. The plan consists of five strategic priorities — the issues of greatest importance to the City over the next four years. Associated with each priority is a set of desired outcomes, key outcome indicators, and performance targets, describing expected results and how the results will be measured. The plan also includes strategic initiatives that will be undertaken to achieve the targeted outcomes. OPERATIONAL EFFECTIVENESS RESPONSIVE COMMUNITY DEVELOPMENT INFRASTRUCTURE SUSTAINABILITY 2 3 4 STRATEGIC COMMUNICATION5 City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 Strategic Priority Desired Outcome STRATEGIC PLAN SUMMARY 2024-2027 City of Hastings 2 Expanded revenue base Responsible use of debt Spending aligned with growth demands Increase in revenues by fund Increase in revenue sources Debt as percentage of General Fund revenues Operating budget increase CPI annual change Tax base growth increase 10% non-tax revenue increase (above growth) 2024-2027 Maintain compliance with City debt policy Debt financing plan developed by 12/2024 Operating budget increases limited to CPI + growth adjustment annually Key Outcome Indicator Target Strategic Initiatives Financial Resilience A financially sound organization Operational Effectiveness An organization that delivers results Responsive Community Development Development that meets present and future needs Infrastructure Sustainability Infrastructure that supports our community Strategic Communication A transparent, responsive government Staff capacity to meet service demands % of authorized staffing levels achieved All departments meetauthorized staffing levels by 7/2024 Improved core service delivery # of core processes improved% improvement in processes 10% improvement in each department's core process by12/2027 Improved workforce capabilities % of training requirements met # of credentials achieved 100% of employees meet minimum training requirements by 12/2024 Develop recruitment plans - all departments Process improvement program Develop organizational training plan 1. 2. 3. Alternative revenue analysis Asset management funding strategy (debt financing is within this) Budgeting system evaluation 1. 2. 3. Clarity regarding housing supply needs Successful development of opportunity sites Strategic Park investments determined Housing units available by demographic segment Housing demand by demographic segment Block 28 completion Block 1 completion Investment analysis completed Housing supply needs for all demographic segments determined by 12/2026 Block 28 completed by 12/2027 Block 1 completed by 12/2027 Park strategic investment analysis completed by 6/2024 Housing needs analysis Opportunity site development strategy Complete Vets Park and Arena projects, including economic investment analysis 1. 2. 3. Improved watertreatment capacity Successful completion of outsdie agency projects Expanded asset management capability Completed water system improvements Highway 61 rebuild targets met WWTP construction targets met Asset management plan developed Funding options identified Key water system improvements completed by 12/2027 Highway 61 completed by 6/2028 WWTP completed by 12/2028 Comprehensive asset management plan developed and funding strategy proposed by 2026 Develop asset management plan Implement water system expansion plan WWTP construction plan Highway 61 construction plan 1. 2. 3. 4. Improved collaborative relationships Improved media communication and relationship Enhanced community engagement Partner satisfaction rating # of one-on-one meetingswith local media # of reporting inaccuracies Improvements in external responsiveness Increases in inquiries via technology >90% of partners report improved collaborative relationship 2024-2027 Increase in one-on-one communications with localmedia from 2024 to 2027 Community engagement via expanded communications options increases 10% 2024- 2027 Comprehensive communication Plan Collaboration improvement plan Community engagement strategy 1. 2. 3. City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 3 STRATEGIC PLANNING PROCESS Where we are Where we’re going Strategic planning is a process that helps leaders examine the current state of the organization, determine a desired future state, establish priorities, and define a set of actions to achieve specific outcomes. The process followed by the City of Hastings was designed to answer four key questions: (1) Where are we now? (2) Where are we going? (3) How will we get there? (4) What will we do? The process is divided into a development phase and an implementation phase. The full process is depicted below. The strategic planning process began with a meeting of the consultant and the City's senior staff on April 10, 2023. The meeting included a review of strategic planning principles, discussion on the status of previous strategic plans, current organizational challenges, and other operational issues. The group established a timeline for the strategic planning effort, a process for conducting a SWOT analysis, coordination of Council interviews and details regarding implementation. Initiating the Process: Setting Expectations, Charting the Course DEVELOPMENT Scan the environment – Conduct internal and external analysis (SWOT) – Develop Strategic Profile – Identify Strategic Challenges Define our Mission – Articulate Core Values – Set a Vision – Establish Goals – Identify Key Intended Outcomes Develop Initiatives – Define Performance Measures – Set Targets and Thresholds – Cascade throughout organization Create Detailed Action Plans – Establish Accountability: Who, What, When – Identify Success Indicators – Provide Resources How we'll get there What we'll do IMPLEMENTATION City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 The leadership team engaged in a review of the current operating environment using the results of a SWOT (Strengths, Weaknesses, Opportunities, Threats) analysis conducted in advance of the planning session. Using the SWOT data, a facitlitated process yielded a set of organizational challenges and strategic issues confronting the City. Based upon the challenges and issues, the leadership group established a set of five strategic priorities. Within each priority, a set of desired outcomes were defined, along with key outcome indicators (KOI's), and a set of performance targets. To successfully address the strategic priorities, achieve outcomes and reach the targets, the management staff, in collaboration with the City Council, identified a set of strategic initiatives and detailed action plans to be implemented over the duration of the plan. On April 28, 2023 the City Council and senior staff held a retreat to develop the strategic plan. To address the question "Where are we now?" the group was challenged to define its value proposition. A value proposition is how an organization chooses to deliver its services and provide value to its customers (citizens). Three different value propositions used across all sectors of the economy (see below). Organizations choose a primary value proposition, then set, and meet threshold standards on the other two. During extended discussion, it was acknowledged that value propositions and service approaches varied by department and circumstance. It was concluded however, that operational excellence has been foundational and will continue to be important for operational stability. For that reason, operational excellence was chosen as the primary value proposition, with customer intimacy the secondary focus. 4City of Hastings Strategic Plan FY 2024-2027 | August 2023 Operational Excellence (example: Wal-Mart, Southwest Airlines) Motto: They adjust to us Product/Service Leadership (example: Apple, Google) Motto: They 'ooh and ah' over our services Customer Intimacy (example: Nordstrom, Ritz-Carlton) Motto: We get to know them, solve their problems, satisfy their needs Setting Direction: Mission, Value Proposition, Vision, Priorities From Challenges to Priorities THREE VALUE PROPOSITIONS X-E-03 We Are Committed to Protect and Promote the Unique Characteristics of Our Community, Including Its History and Scenic Beauty. We Will Seek to Infuse Enthusiasm in Our Daily Interactions with Citizens, Visitors, and One Another. ENTHUSIASM We Will Value and Promote Participation and Interaction with Citizens and Staff. We Will Seek to Assure Timely and Open Communications, While Providing Background and Context for the Decisions that Are Made. COMMUNICATIONS We Recognize the Importance of Providing Timely, Courteous and Respectful Service to the Public and One Another. We Will Seek to Serve the Public and Other Employees in a Constructive, Creative and Practical Manner. OPTIMAL SERVICE We Recognize the Value of Using All City Resources in an Efficient and Effective Manner. We Will Seek to Utilize City Resources to Serve The Common Good of All. RESPECT FOR RESOURCES 5 Our CORE Values City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 Collaboration between Businesses/Government Agencies/School Districts/Residents/Staff Update attractions: Parks & Rec/Tourism/Arts & Culture/Local Businesses Create development between Business/Residential/Tourism Increase communication via our brand & message Strong Community Support Many Businesses & Groups want to be engaged Staff is committed, knowledgeable, dedicated & work hard Elected leaders are engaged & competent There is strong communication between Staff, Council & Community There is a lack of money and a weak tax base Being behind on both long- term and short-term maintenance / improvements Needing forward thinking goals or a future plan Lack of shared goals/direction between Council & staff Inadequate working relationships at leadership levels 6 Lack of growth in housing & population Attracting & retaining staff Lack of a collective vision Increasing service need (+ Staff to accommodate) Lack of funding to meet growing service needs Mistrust of Government Reviewing the Environment, SWOT Analysis An important part of the strategic planning process is a review of the current operating environment and an evaluation of the challenges confronting the community. This was accomplished via a SWOT analysis—a process that examines the organization’s internal strengths and weaknesses, as well as the opportunities and threats in the external environment. The results are displayed below. A link to the entire SWOT data can be found HERE. STRENGTHS OPPORTUNITIES THREATS WEAKNESSES SWOT Analysis City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 7 STRATEGIC PRIORITY 1 Financial Resilience Responsible use of debt Spending aligned with growth demands Expanded revenue base OUTCOME OUTCOME OUTCOME Debt as a percentage of General Fund revenues Maintain compliance with City debt policy Debt financing plan developed by 12/2024 Operating budget increases limited to CPI + growth adjustment annually 10% non-tax revenue increase (above growth) 2024-2027 Operating budget increase; CPI annual change; tax base growth increase Increase in revenues by fund; increase in revenue sources TARGET TARGET TARGET KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR STRATEGIC INITIATIVES 1. Alternative revenue analysis 2. Asset management funding strategy (debt financing is within this) 3. Budgeting system evaluation City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 8 STRATEGIC PRIORITY 2 Operational Effectiveness Improved core service delivery Improved workforce capabilities Staff capacity to meet service demands OUTCOME OUTCOME OUTCOME # of core processes improved; % improvement in processes 10% improvement in each department's core processes by 12/2027 100% of employees meet minimum training requirements by 12/2024 All departments meet authorized staffing levels by 7/2024 % of training requirements met; # of credentials achieved % of authorized staffing levels achieved TARGET TARGET TARGET KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR STRATEGIC INITIATIVES 1. Develop recruitment plans - all departments 2. Process improvement program 3. Develop organizational training program City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 9 STRATEGIC PRIORITY 3 Responsive Community Development Successful development of opportunity sites Strategic Park investments determined Clarity regarding housing supply needs OUTCOME OUTCOME OUTCOME Block 28 completion; block 1 completion Block 28 completed by 12/2027 Block 1 completed by 12/2027 Park strategic investment analysis completed by 6/2024 Housing supply needs for all demographic segments determined by 12/2026 Investment analysis completed Housing units available by demographic segment; housing demand by demographic segment TARGET TARGET TARGET KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR STRATEGIC INITIATIVES 1. Housing need analysis 2. Opportunity site development strategy 3. Complete Vets Park and Arena projects, including economic investment analysis City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 Expanded asset management capability Improved water treatment capacity Successful completion of outside agency projects Highway 61 completed by 6/2028 WWTP completed by 12/2028 Highway 61 rebuild targets met; WWTP construction targets met Comprehensive asset management plan developed and funding strategy proposed by 2026 Asset management plan developed; funding options identified Key water system improvements completed by 12/2027 10 Completed water system improvements STRATEGIC PRIORITY 4 Infrastructure Sustainability OUTCOME OUTCOME OUTCOME TARGET TARGET TARGET KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR STRATEGIC INITIATIVES 1. Develop asset management plan 2. Implement water system expansion plan 3. WWTP construction plan 4. Highway 61 construction plan City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 Enhanced community engagement Improved collaborative relationships Improved media communication and relationship Increase in one-on-one communications with local media from 2024 to 2027 # of one-on-one meetings with local media; # of reporting inaccuracies Community engagement via expanded communications options increases 10% 2024-2027 Improvements in external responsiveness; increases in inquiries via technology >90% of partners report improved collaborative relationship 2024-2027 11 Partner satisfaction rating STRATEGIC PRIORITY 5 Strategic Communication OUTCOME OUTCOME OUTCOME TARGET TARGET TARGET KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR KEY OUTCOME INDICATOR STRATEGIC INITIATIVES 1. Comprehensive communication plan 2. Collaboration improvement plan 3. Community engagement strategy City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03 12 STRATEGIC PLANNING PARTICIPANTS Mary Fasbender, Mayor Tina Folch, Councilmember Jen Fox, Councilmember Angie Haus, Councilmember Lisa Leifeld, Councilmember Trevor Lund, Councilmember Dave Pemble, Councilmember Dan Wietecha, City Administrator Kelly Murtaugh, Assistant City Administrator Chris Eitemiller, Finance Manager John Hinzman, Community Development Director Chris Jenkins, Parks Director Dawn Skelly, Communications Coordinator Ryan Stempski, Public Works Director John Townsend, Fire Chief David Wilske, Police Chief Rapp Consulting Group Craig Rapp, President The Strategic Plan was developed with the hard work and dedication of many individuals. The City Council led the way, taking time out of their schedules to commit to long-term thinking. They defined a direction and a set of outcomes that are important to the community stakeholders with whom they partner and serve. The City's senior staff supported the Council and offered an operations perspective as well as ideas for continuous improvement. CITY COUNCIL DEPARTMENT HEADS & STAFF CONSULTANTS City of Hastings Strategic Plan FY 2024-2027 | August 2023 X-E-03