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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, October 16, 2023 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Kristy Barse, Chamber of Commerce & Tourism Bureau
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meeting on October 2, 2023.
VI. COMMENTS FROM THE AUDIENCE
Comments from the audience may include remarks about items listed on the Consent Agenda.
VII. COUNCIL ITEMS TO BE CONSIDERED
VIII. CONSENT AGENDA
The items on the Consent Agenda are items of routine nature or no perceived controversy to
be acted upon by the City Council in a single motion. There will be no discussion on these
items unless a Councilmember so requests, in which event the items will be removed from the
Consent Agenda to the appropriate Department for discussion.
1. Pay Bills as Audited
2. Resolution: Accept Donation to the Hastings Police Department from Robert & Judith
Bishop
3. Resolution: Accept Donation to the Hastings Fire Department from James & Shirley
Ditlevson
4. Approve Pay Estimate No. 3 (Final) for the 2023 Mill & Overlay Program – Park
Construction ($16,580.05)
5. Approve Pay Estimate No. 5 for the 2023 Neighborhood Infrastructure Improvements –
BCM Construction, Inc. ($492,420.91)
6. Authorize Signature: Utility Abandonment Agreement – 1801 Chantry Trail
7. Authorize Signature: Permanent Sign Easement – Highway 55 Sign
8. Authorize Signature: 1st Amendment to Abatement Contract – Precision Landscaping
9. Authorize Signature: Encroachment Agreement – Miller (751 Bohlken Dr)
10. Authorize Signature: Hastings Civic Arena Ice Rental Agreement 2023 – 2024 – ISD 200
11. Resolution: Limited Use Permit with MnDOT for Trail Maintenance and Operation
12. Accept Proposal and Engage HKGI for Master Planning Services - Lake Rebecca Park
Redevelopment Project
13. Resolution: Declare Surplus Property and Authorize Sale or Disposal – Parks and
Recreation Department
14. Authorize Signature: Corrective Trail Easement – Vermillion River Trail
15. Authorize Signature: Tourism Bureau Agreement (2022-2025)
16. Resolution: Accept the City of Hastings Emergency Operations Plan
17. Approve JPA with Dakota County for Administration of Absentee Ballots
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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
1. Approve Budget Adjustment for the Lake Isabel Park Contamination Excavation and
Backfill
C. Community Development
1. Resolution: Variance – Front Yard Setback – Ground Mounted Solar – Dakota County
(1590 Highway 55)
2. South Oaks of Hastings 4th Addition
a. Resolution: Vacation of Easement – South Oaks 2nd Addition
b. Resolution: Preliminary and Final Plat
c. Authorize Signature: Development Agreement
d. Authorize Signature: Stormwater Management Agreement
D. Public Safety
E. Administration
1. Pre-Authorize Purchase of Ladder Truck with MacQueen Equipment
2. National Class Action Settlements - PFAS
3. Resolution: Write-in Votes for Local Elections
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, November 6, 2023 7:00 p.m.
Hastings, Minnesota
City Council Workshop
October 2, 2023
The City Council of the City of Hastings, Minnesota met in a workshop on Monday, October
2, 2023, at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street,
Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Lawrence, Leifeld,
Pemble
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
Mayor Fasbender called the workshop to order at 5:35 pm and welcomed councilmembers and
staff. Wietecha indicated that the League of MN Cities generally puts together a list of legislative
priorities and the City of Hastings has generally endorsed the priorities. Wietecha invited
conversation about the legislative priorities, specifically as they pertain to the City.
Council discussion on some of the priorities that are top of mind: PFAS, affordable housing,
Hwy 61 funding, maintaining local authority, LGA advocacy, and ambulance reimbursement.
Council discussion on approaches by other cities in identifying and supporting legislative
priorities, while personalizing it to the city and departments. The city could develop a document
to similarly advocate for state and local priorities, crafting the Hastings story that goes with it.
Council discussion on the full list of legislative items just released on the website for review until
October 27. Discussion on whether a response to the legislative list be assembled to represent the
full council or whether each councilmember can respond on their own. It is recommended that
each councilmember respond on their own.
Council discussion on an approach to the document be taking the strategic priorities and then
connecting them to the LMC legislative priorities. LMC typically puts together a one-pager to
illustrate the top legislative priorities and this, along with a city-produced document, could be
good tools for talking points with legislators. Councilmembers need to heavily advocate for the
City’s projects by emphasizing our specific needs.
Council discussion on a “Hastings Day at the Capital” in past years. In 2024, March 18 is slated
as the advocacy day at the Capital.
Council discussion on how to proceed in determining the City’s legislative priorities by
submitting priorities to Dan, who will collate and return to Council for review. Discussion on
the order of state bonding priorities: arena project, city hall dome project, PFAS, and Hwy 61.
ADJOURNMENT
Folch, Pemble to Adjourn the workshop at 6:51 p.m.
____________________________ ______________________________
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
Hastings, Minnesota
City Council Meeting Minutes
October 2, 2023
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 2, 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
Assistant City Administrator Kelly Murtaugh
City Attorney Kori Land
Recreation Programming Specialist Paige Marschall-Bigler
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
regular meeting on September 18, 2023.
Minutes were approved as presented.
Council Items to be Considered
Mayor Fasbender requested to add State Bonding Resolution to the Administration section of Reports
from City Staff, seconded by Councilmember Folch.
7 Ayes, 0 Nays.
Consent Agenda
Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by
Councilmember Haus.
7 Ayes, 0 Nays
1.Pay Bills as Audited
2.Resolution No. 10-01-23: Accept Donation to the Parks and Recreation Department from the
Reinhardt-Harrington Family
3.Approve Special Event Designation: DBA Community Halloween
4.Declare Surplus Property and Authorize for Public Sale, Donation, or Disposal – Hastings Fire
Department
Public Hearing: Health Care Facility Revenue Bonds: Resolution No. 10-02-23: Consenting to Issuance
by Duluth EDA
Wietecha provided an overview of the request to hold a public hearing and approve the resolution
consenting to the Issuance of Health Care Facilities Revenue Bonds by the Duluth Economic Development
Authority to Finance Projects in the City. Wietecha indicated Regina Senior Living is planning some
improvements at the facility in Hastings as well as facilities in Winona and New Brighton. City Council is
requested to consent to the issuance of the bonds to finance the improvements in Hastings.
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Mayor Fasbender opened the public hearing at: 7:07 p.m.
Mayor Fasbender closed the public hearing at: 7:07 p.m.
No Council discussion.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Haus.
7 Ayes, 0 Nays.
Budget Pre-Authorization
Wietecha provided an overview to pre-approve the ordering of several 2024 budget items for various
departments. The requested items are on the capital equipment list and would provide replacement of
equipment and vehicles that have short ordering windows and extended lead times, as has been the case in
recent years.
Council discussion on the building department vehicle as a possible electric vehicle purchase.
Wietecha indicated this vehicle is not specifically identified what the replacement would be. He shared the
request is based on need and an electric vehicle may not fit this budget request. Council expressed
appreciation for the proactive approach to replacing vehicles and equipment.
Councilmember Folch motioned to remove the building department vehicle from the pre-
authorization list, seconded by Councilmember Fox.
7 Ayes, 0 Nays.
Councilmember Pemble motioned to approve as amended, seconded by Councilmember Leifeld.
7 Ayes, 0 Nays.
Levee Park Recap
Marschall-Bigler provided a recap of the 2023 summer events at Levee Park. Marschall-Bigler
indicated the Hastings Parks and Recreation Department coordinated 31 programs for the facility sharing over
9,700+ people attended the events. These events were sponsored by the Ruth & George Doffing Charitable
Fund, Ardent Mills, Dakota Electric, and Smead. She indicated the top communication outreach platforms
include social media, Rivertown News, local outlets, and word of mouth.
Council discussion on appreciation of Marschall-Bigler’s coordination and broad range of events that
attract a wide audience. Council encouragement to connect with the Arts and Culture Commission. Council
question about the types of rentals. Marschall-Bigler indicated that the types of rental events include
celebration of life, class reunions, family reunions, baby, or bridal showers. Marschall-Bigler shared a
number of Special Events take place in our Park Facilities as well. Council expressed appreciation for
collaboration with other departments (music events and Makers Market) and local vendors. Council recalled
the impressive turnout for the Music in the Park events.
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Resolution No. 10-03-23: Support of State Bonding for City Projects
Wietecha provided an overview of the state bonding resolution. The resolution adds a project to the
City’s state bonding request. The earlier project list included the Arena Refrigeration & West Rink Roof,
PFAS Treatment & Raw Water Lines, and Highway 61. The added project is to seek additional funding for
the Dome project, funded in an earlier bonding project. The funding needed far exceeds the original amount
awarded for the project, primarily due to difficulty in securing a qualified, available contractor. The
resolution also needs to rank the four projects. The recommended priority placement for the dome project is
just after the Arena project as second.
Council acknowledged discussion regarding this topic in the Legislative Workshop prior to the
Council meeting. Council expressed support for the various projects to be included in bonding.
Councilmember Fox motioned to approve as presented, seconded by Councilmember Folch.
7 Ayes, 0 Nays.
Announcements
• The Hastings Arts & Culture Commission is hosting a Creative Convergence on Thursday, October 5,
for artists to network, learn, share, and collaborate. The event is provided in partnership with Artspace
and HPAC.
• Paws in the Park is Thursday, October 5, at Rivertown Dog Park.
• October is National Community Planning Month. Extra appreciation to Community Development
Director John Hinzman and his team.
• In recognition of National Fire Prevention Week, the Fire & EMS Department Open House is
Tuesday, October 10. Meet the department, learn about fire safety, and see the trucks & equipment.
All ages are welcome!
• Recycling can be confusing, even for the most environmentally conscious. This crash course provides
the low down on where our recycling goes, why it seems like there’s so many rules, and why it’s
worth the work. Learn tips and tricks to recycle right and have your questions answered by an
industry professional on Tuesday, October 10.
Meetings
• Planning Commission Meeting on Monday, October 9, 2023 at 7:00 p.m.
• Utilities Committee Meeting on Monday, October 9, 2023 at 7:00 p.m.
• Arts & Culture Commission Meeting on Wednesday, October 11, 2023 at 6:00 p.m.
• HEDRA Meeting on Thursday, October 12, 2023 at 6:00 p.m.
• City Council Regular Meeting on Monday, October 16, 2023 at 7:00 p.m.
Councilmember Pemble motioned to adjourn the meeting at 7:38 PM, seconded by Councilmember
Haus. 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: 10/12/2023
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of Sept 2023 CenterPoint, Xcel, Wex, Health Insurance payments.
Council review of weekly routine disbursements issued 10/10/2023.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 10/17/2023.
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:
Sept 2023 Centerpoint Payment $ 3,667.75
Sept 2023 Xcel Payment $ 28,492.23
Sept 2023 Wex Admin Fee Payment $ 302.50
Sep 2023 Health Ins Payment $ 169,088.82
Disbursement Checks, Hedra & EFT issued on 10/10/2023 $ 302,761.66
Disbursement Checks, Hedra & EFT to be issued on 10/17/2023 $ 1,173,886.83
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Disbursement Reports
VIII-01
Dept Account Amount
Police 101-140-1403-6345 60.09
City Hall 101-140-1404-6345 153.53
City Storage 101-140-1407-6345 65.00
Alt Learning Ctr 101-401-4143-6345 31.98
Parks 200-401-4440-6345 61.07
Jt Maint 200-401-4447-6345 72.07
Pool 201-401-4240-6345 2,076.85
Fire 213-210-2100-6345 109.58
Le Duc 220-450-4160-6345 65.00
Water 600-300-3300-6345 117.28
Water 600-300-3302-6345 56.18
Garage 601-300-3400-6345 57.27
Arena 615-401-4103-6345 741.85
TOTAL 3,667.75
CENTERPOINT ENERGY
September Payment
VIII-01
Xcel Acct #Amount Date Paid Account #
51-6960208-0 1,585.09 12-Sep 101-140-1404-6343
51-8110141-1 109.39 12-Sep 101-140-1407-6343
51-6960219-3 63.34 11-Sep 101-201-2016-6343
51-6960210-4 191.41 12-Sep 101-300-3100-6343
51-6960210-4 957.04 12-Sep 101-301-3200-6343
51-0011278454-9 13.95 12-Sep 101-302-3201-6343
51-0263715-0 49.29 12-Sep 101-302-3201-6343
51-6960218-2 14,194.56 19-Sep 101-302-3201-6343
51-6960215-9 2,954.69 7-Sep 200-401-4440-6343
51-0011082067-5 159.98 12-Sep 200-401-4440-6343
51-6960220-6 1,125.42 11-Sep 200-401-4447-6343
51-6960209-1 3,592.96 28-Sep 201-401-4240-6343
51-6960214-8 1,270.25 11-Sep 213-210-2100-6343
51-7216831-9 607.55 12-Sep 220-450-4160-6343
51-6960210-4 765.64 12-Sep 600-300-3300-6343
51-6960217-1 851.67 13-Sep 601-300-3400-6343
TOTAL 28,492.23
XCEL AUTOMATIC PAYMENTS
Sept 2023 Payments
VIII-01
Account Description Account Amount
Employer Paid HRA/HSA Admin Fee - Administration 101-105-1051-6131 8.25
Employer Paid HRA/HSA Admin Fee - City Clerk 101-107-1071-6131 10.59
Employer Paid HRA/HSA Admin Fee - Finance 101-120-1201-6131 16.50
Employer Paid HRA/HSA Admin Fee - Planning 101-150-1501-6131 2.75
Employer Paid HRA/HSA Admin Fee - IT 101-160-1601-6131 5.50
Employer Paid HRA/HSA Admin Fee - Police 101-201-2010-6131 99.00
Employer Paid HRA/HSA Admin Fee -Building Safety 101-230-2301-6131 11.00
Employer Paid HRA/HSA Admin Fee-Code Enforcement 101-230-2302-6131 2.75
Employer Paid HRA/HSA Admin Fee - Engineering 101-300-3100-6131 6.46
Employer Paid HRA/HSA Admin Fee - Streets 101-301-3200-6131 12.10
Employer Paid HRA/HSA Admin Fee - Parks 200-401-4440-6131 27.50
Employer Paid HRA/HSA Admin Fee - Cable 205-420-4201-6131 0.41
Employer Paid HRA/HSA Admin Fee - Historical 210-170-1702-6131 0.69
Employer Paid HRA/HSA Admin Fee - Fire 213-210-2100-6131 11.00
Employer Paid HRA/HSA Admin Fee - Ambulance 213-220-2200-6131 46.75
Employer Paid HRA/HSA Admin Fee - Econ. Develop.407-180-6003-6131 4.81
Employer Paid HRA/HSA Admin Fee - Water 600-300-3300-6131 12.65
Employer Paid HRA/HSA Admin Fee - Wastewater 601-300-3400-6131 8.94
Employer Paid HRA/HSA Admin Fee - Storm Water 603-300-3600-6131 7.98
Employer Paid HRA/HSA Admin Fee - Arena 615-401-4103-6131 5.50
Employer Paid HRA/HSA Admin Fee - Hydro 620-300-3500-6131 1.38
TOTAL 302.50
WEX Admin Fees
September Payment
VIII-01
ACCOUNT DESCRIPTION ACCOUNT AMOUNT
Medical Insurance Withholding 101-000-0000-2185 17,391.67
COBRA Paid Insurance 101-000-0000-2185 3,084.84
Employer Paid Health Ins. - Administration 101-105-1051-6131 723.81
Employer Paid Health Ins. - Communications 101-107-1061-6131 1,378.53
Employer Paid Health Ins. - City Clerk 101-107-1071-6131 2,329.83
Employer Paid Health Ins. - Finance 101-120-1201-6131 4,849.62
Employer Paid Health Ins. - Maintenance 101-140-1401-6131 1,695.27
Employer Paid Health Ins. - Planning 101-150-1501-6131 992.67
Employer Paid Health Ins. - IT 101-160-1601-6131 3,777.41
Employer Paid Health Ins. - Police 101-201-2010-6131 37,976.30
Employer Paid Health Ins. -Building Safety 101-230-2301-6131 3,727.34
Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 1,621.80
Employer Paid Health Ins. - Engineering 101-300-3100-6131 2,249.73
Employer Paid Health Ins. - Streets 101-301-3200-6131 3,628.89
Medical Insurance Withholding 200-000-0000-2185 2,085.18
Employer Paid Health Ins. - Parks 200-401-4440-6131 11,067.70
Employer Paid Health Ins. - Swimming Pool 201-401-4240-6131 0.00
Medical Insurance Withholding 205-000-0000-2185 104.26
Employer Paid Health Ins. - Cable 205-420-4201-6131 243.27
Employer Paid Health Ins. --Heritage 210-170-1702-6131 180.95
Medical Insurance Withholding 213-000-0000-2185 4,747.63
Employer Paid Health Ins. - Fire 213-210-2100-6131 3,882.60
Employer Paid Health Ins. - Ambulance 213-220-2200-6131 15,342.76
Medical Insurance Withholding 220-000-0000-2185 128.22
Employer Paid Health Ins. - Leduc 220-450-4160-6131 299.16
Medical Insurance Withholding 407-000-0000-2185 578.33
Employer Paid Health Ins. - Econ. Dev.407-180-6003-6131 2,073.24
Medical Insurance Withholding 600-000-0000-2185 290.60
Employer Paid Health Ins. - Water 600-300-3300-6131 4,775.03
Medical Insurance Withholding 601-000-0000-2185 282.08
Employer Paid Health Ins. - Wastewater 601-300-3400-6131 3,454.43
Medical Insurance Withholding 603-000-0000-2185 629.62
Employer Paid Health Ins. - Storm Water 603-300-3600-6131 3,433.26
Medical Insurance Withholding 615-000-0000-2185 695.06
Employer Paid Health Ins. - Arena 615-401-4103-6131 2,424.81
Medical Insurance Withholding 620-000-0000-2185 0.00
Employer Paid Heatlh Ins. - Hydro 620-300-3500-6131 402.30
Employer Paid Health.Ins. - Retirees 701-600-6002-6131 26,540.60
TOTAL 169,088.82
Medica Health Insurance Premiums
September 2023
VIII-01
10/05/2023 9:09 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 1
PACKET: 08996 Regular Payments
VENDOR SET: 1
FUND : 407 HEDRA
DEPARTMENT: 180 ECONOMIC DEVELOPMENT BANK: EDA
BUDGET TO USE: CB-CURRENT BUDGET
VENDOR NAME ITEM # G/L ACCOUNT NAME DESCRIPTION CHECK# AMOUNT
====================================================================================================================================
1 -002045 SIGNARAMA ROSEVILLE
I-INV-40915 407-180-6003-6217 OTHER GENERAL NAMEPLATES - 1 000000 15.50
1 -62744 PRECISION LANDSCAPING &
I-923-9127L 407-180-6003-6350 REPAIR & MAIN LAWN MTC-114 W 5TH ST/410 VERM 000000 240.00
DEPARTMENT 180 ECONOMIC DEVELOPMENT TOTAL: 255.50
------------------------------------------------------------------------------------------------------------------------------------
FUND 407 HEDRA TOTAL: 255.50
REPORT GRAND TOTAL: 255.50
VIII-01
10/05/2023 9:09 AM REGULAR DEPARTMENT PAYMENT REGISTER PAGE: 2
------------------------------------------------------------------------------------------------------------------------------------
** G/L ACCOUNT TOTALS **
=========LINE ITEM========= =======GROUP BUDGET=======
ANNUAL BUDGET OVER ANNUAL BUDGET OVER
YEAR ACCOUNT NAME AMOUNT BUDGET AVAILABLE BUDG BUDGET AVAILABLE BUDG
2023-2024 407-180-6003-6217 OTHER GENERAL SUPPLIES 15.50 1,000 902.50
407-180-6003-6350 REPAIR & MAINT-BUILDING 240.00 50,000 47,423.13
** 2023-2024 YEAR TOTALS ** 255.50
------------------------------------------------------------------------------------------------------------------------------------
** DEPARTMENT TOTALS **
ACCT NAME AMOUNT
407-180 ECONOMIC DEVELOPMENT 255.50
-------------------------------------------------------------------------------------
407 TOTAL HEDRA 255.50
-------------------------------------------------------------------------------------
** TOTAL ** 255.50
NO ERRORS
** END OF REPORT **
VIII-01
10-05-2023 09:05 AM Council Report OCTOBER 10TH PYMTS, 2023 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM AUGUST 2023 LODGING TAX (6 7,648.97_
TOTAL: 7,648.97
ADMINISTRATION GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 22.10
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 420.50_
TOTAL: 442.60
CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 14.19
NOV 2023 LTD PREMIUM 49.20
HEALTH STRATEGIES PRE-EMPLOYMENT EXAMS (5) 1,899.00_
TOTAL: 1,962.39
FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 67.34_
TOTAL: 67.34
FACILITY MANAGEMENT GENERAL GILBERT MECHANICAL CONTRACTORS, INC. C.H. REPAIR ADMIN/HVAC DAM 592.63
P.D CONVERT VAV TO DDC 2,667.52
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 13.31
TERRYS HARDWARE, INC. P.D. KEY/VINEGAR (COFFEE P 6.58
C.H SPRINKLER PIPE TEMP RE 30.31
VIKING AUTOMATIC SPRINKLER ANNUAL FIRE SPRINKLER TEST 620.00
ANNUAL FIRE SPRINKLER TEST 1,025.00
ANNUAL FIRE SPRINKLER TEST 405.00_
TOTAL: 5,360.35
COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 19.89_
TOTAL: 19.89
I.T. GENERAL PRO-TEC DESIGN, INC. MILESTONE 3 YEAR MAINTENAN 1,032.24
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 53.91
SHI INTERNATIONAL CORP MS PROJECT SUBSCRIPTION 37.49
MARCO TECHNOLOGIES, LLC MITEL PHONE SYSTEM ANNUAL 7,522.02
SPECOPS SOFTWARE USA INC SPECOPS ANNUAL SUBSCRIPTIO 2,196.79_
TOTAL: 10,842.45
POLICE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 664.10
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 273.65
DAKOTA 911 DCC FEE - NOVEMBER 2023 29,679.33
DAKOTA ELECTRIC ASSN ELECTRIC 17.95_
TOTAL: 30,635.03
BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 73.18
NOV 2023 LTD PREMIUM 15.22
KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 4,275.20_
TOTAL: 4,363.60
PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 43.91
FOCUS ENGINEERING, INC. CONSULTING SERVICES 9,960.00
CONSULTING SERVICES 3,360.00
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 43.80_
TOTAL: 13,407.71
PUBLIC WORKS STREETS GENERAL PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 150.00
CRESCENT ELECTRIC SUPPLY COMPANY BRIDGE SPEED SIGN PARTS 145.73
RUBINS LAWNCARE, LLC MOWING CONTRACT 2,100.00
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 72.93
VIII-01
10-05-2023 09:05 AM Council Report OCTOBER 10TH PYMTS, 2023 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
FOCUS ENGINEERING, INC. CONSULTING SERVICES 1,230.00
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 43.79_
TOTAL: 3,742.45
PARKS & RECREATION GENERAL SHRED-N-GO, INC. COMMUNITY SHRED EVENT 1,365.00_
TOTAL: 1,365.00
PARKS & RECREATION PARKS SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 158.87
STERNBERG LIGHTING BOLLARD LIGHT PARTS-LEVEE 630.00
MICHAEL A. PATRICK PATRICK - SOFTBALL UMP 298.00
MICHAEL E OBRIEN OBRIEN - SOFTBALL UMP 112.00
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 145.35
BECKY MAY WILKERSON WILKERSON - VOLLEYBALL REF 200.00
AMAYA GARIBAY GARIBAY - VOLLEYBALL REF 100.00
VIKING AUTOMATIC SPRINKLER ANNUAL FIRE SPRINKLER TEST 405.00_
TOTAL: 2,049.22
PARKS & RECREATION AQUATIC CENTER SYSCO, MINNESOTA POOL CONCESSION ITEMS 68.92_
TOTAL: 68.92
CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 2.50_
TOTAL: 2.50
HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 4.81_
TOTAL: 4.81
FIRE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 71.29
HILDI, INC ACTUARIAL VALUATION GASB 6 2,900.00
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 160.84
DAKOTA 911 DCC FEE - NOVEMBER 2023 14,839.67
MACQUEEN EQUIPMENT, INC. FF BOOTS 591.61_
TOTAL: 18,563.41
AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 290.06
McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 44.54
MEDICAL SUPPLIES 44.54
PRIMARY PHARMACEUTICALS, INC. MEDICAL SUPPLIES 383.31
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 793.58
LINDE GAS & EQUIPMENT INC. OXYGEN 379.02
OXYGEN 192.52_
TOTAL: 2,127.57
LEDUC LEDUC HISTORIC EST GILBERT MECHANICAL CONTRACTORS, INC. L.D. AUTOMATION CONNECT-LE 589.75
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 2.35
VIKING AUTOMATIC SPRINKLER ANNUAL FIRE SPRINKLER TEST 620.00_
TOTAL: 1,212.10
PARKS & RECREATION PARKS CAPITAL PROJ WSB & ASSOCIATES INC HWY 55 TRAIL PROJECT 7,788.75_
TOTAL: 7,788.75
ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 32.94_
TOTAL: 32.94
PUBLIC WORKS 2023 IMPROVEMENTS FOCUS ENGINEERING, INC. CONSULTING SERVICES 2,700.00_
TOTAL: 2,700.00
VIII-01
10-05-2023 09:05 AM Council Report OCTOBER 10TH PYMTS, 2023 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
DEBT 2015 GENERAL OBLIG U.S. BANK 2015A PAYING AGENT FEE 550.00_
TOTAL: 550.00
PUBLIC WORKS WATER SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 74.77
FOCUS ENGINEERING, INC. CONSULTING SERVICES 840.00
CONSULTING SERVICES 3,360.00
CORE & MAIN LP HANDHELD WALL CHARGER 162.86
R2 1.5" METER 700.64
1" METER SPUDS 236.90
2" METERS-REPLACEMENT PROG 17,029.87
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 43.80
LARKIN HOFFMAN DALY & LINDGREN, LTD PFAS PROF. SVC THRU 8/31 2,867.00
DAKOTA ELECTRIC ASSN ELECTRIC 59.06
GRAPHIC DESIGN UTIL BILL STATEMENTS/POSTA 230.34
UTIL BILL STATEMENTS/POSTA 1,140.26_
TOTAL: 26,745.50
PUBLIC WORKS WASTEWATER BAUER SERVICES SEWER MAIN REPAIRS - RAMSE 10,256.00
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 53.35
FOCUS ENGINEERING, INC. CONSULTING SERVICES 1,140.00
CONSULTING SERVICES 150.00
TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE 43.80
DAKOTA ELECTRIC ASSN ELECTRIC 103.81
ELECTRIC 50.98
GRAPHIC DESIGN UTIL BILL STATEMENTS/POSTA 230.33
MCES WASTEWATER SERVICES - NOVE 138,272.63
CENTERPOINT ENERGY WESTWOOD LS GAS CHARGES 50.63_
TOTAL: 150,351.53
PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 55.70
GRAPHIC DESIGN UTIL BILL STATEMENTS/POSTA 230.33
MACQUEEN EQUIPMENT, INC. CA-BAT 92.47_
TOTAL: 378.50
PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 53.78
SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 33.00
ADS ON BOARDS BOARD CLEANING - BOTH RINK 1,200.00
ISG ARENA PLANNING 3,717.50
VIKING AUTOMATIC SPRINKLER ANNUAL SPRINKLER INSPECTIO 620.00_
TOTAL: 5,624.28
PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA NOV 2023 LTD PREMIUM 6.61_
TOTAL: 6.61
NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. CONSULTING SERVICES 1,230.00
CONSULTING SERVICES 120.00
CONSULTING SERVICES 240.00
CONSULTING SERVICES 240.00
CONSULTING SERVICES 240.00
BARR ENGINEERING CO. SOUTH OAKS 4TH ADDN SERVIC 1,935.00
VIII-01
10-05-2023 09:05 AM Council Report OCTOBER 10TH PYMTS, 2023 PAGE: 4
* REFUND CHECKS *
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL WATER JONO HEIGHTS LLC US REFUNDS 240.26
TIX, TIMOTHY US REFUNDS 30.92
STEPHENS, ISSAC/KELSY US REFUNDS 40.56
WOODS, STEVEN US REFUNDS 125.00_
TOTAL: 4,441.74
=============== FUND TOTALS ================
101 GENERAL 79,857.78
200 PARKS 2,049.22
201 AQUATIC CENTER 68.92
205 CABLE TV 2.50
210 HERITAGE PRESERVATION 4.81
213 FIRE & AMBULANCE 20,690.98
220 LEDUC HISTORIC ESTATE 1,212.10
401 PARKS CAPITAL PROJECTS 7,788.75
407 HEDRA 32.94
483 2023 IMPROVEMENTS 2,700.00
575 2015 GENERAL OBLIGATION 550.00
600 WATER 27,182.24
601 WASTEWATER 150,351.53
603 STORM WATER UTILITY 378.50
615 ARENA 5,624.28
620 HYDRO ELECTRIC 6.61
807 ESCROW - DEV/ENG/TIF-HRA 4,005.00
--------------------------------------------
GRAND TOTAL: 302,506.16
--------------------------------------------
TOTAL PAGES: 4
VIII-01
10-12-2023 10:35 AM Council Report OCTOBER 17TH PYMTS, 2023 PAGE: 1
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL GENERAL METROPOLITAN COUNCIL ENVIRONMENTAL SER SEPTEMBER SAC CHARGES 273,076.65_
TOTAL: 273,076.65
ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC MISC OFFICE SUPPLIES-CITY 66.93_
TOTAL: 66.93
CITY CLERK GENERAL MARTIN-MCALLISTER CONSULTING PUB SAFETY ASSESSMENT- GLA 625.00
MINNESOTA OCCUPATIONAL HEALTH EMPLOYEE SCREEN-GLANCY,JOH 322.00
HEALTH STRATEGIES PRE-EMPLOY SCREEN/INTERPRE 623.50_
TOTAL: 1,570.50
FINANCE GENERAL NIEDERKORN, KIMBERLY NIEDERKORN-QTR 3 MILEAGE R 95.32
NIEDERKORN-QTR 3 MILEAGE R 8.95_
TOTAL: 104.27
FACILITY MANAGEMENT GENERAL TOTAL MECHANICAL SERVICES, INC. P.D. PYMT-BACKUP HEATING P 3,350.00
DR. DAVE, THE FURNITURE PHYSICIAN CH DIAS COUNCIL CHAIR REPA 2,600.00
W.W. GRAINGER, INC. FC ANCHORS/JM PIPE INSULAT 11.76
TERRYS HARDWARE, INC. F.C. SUPPLIES 28.26
F.C. SUPPLIES 8.62_
TOTAL: 5,998.64
POLICE GENERAL MARIE RIDGEWAY LICSW LLC EMPLOYEE THERAPY SESSIONS 160.00
GUARDIAN SUPPLY LLC UNIFORM PANTS - WILSKE 253.96
MN DEPT OF PUBLIC SAFETY CJDN ACCESS FEE 7/1/23-6/3 3,840.00
NINE EAGLES PROMOTIONS HPD BADGE STICKERS FOR EVE 617.58
SOUTH EAST TOWING OF HASTINGS INC OCT 2023 LOT RENT 195.00_
TOTAL: 5,066.54
BUILDING & INSPECTIONS GENERAL BAUER SERVICES REFUND PERMIT PL2023-252 75.00
DUNN SOLUTIONS LLC PLAN REVIEW/INSPECTION CON 417.49
PLAN REVIEW/INSPECTION CON 330.77
PLAN REVIEW/INSPECTION CON 127.50
PLAN REVIEW/INSPECTION CON 127.50
PLAN REVIEW/INSPECTION CON 42.50
PLAN REVIEW/INSPECTION CON 127.50
PLAN REVIEW/INSPECTION CON 243.95
PLAN REVIEW/INSPECTION CON 425.00_
TOTAL: 1,917.21
PUBLIC WORKS STREETS GENERAL PARK CONSTRUCTION COMPANY 2023 MILL & OVERLAY PAY ES 16,580.05
WSB & ASSOCIATES INC INSPECTIONS/TESTING 3,733.50
INSPECTIONS/TESTING 994.50
INSPECTIONS/TESTING 510.00
HOMETOWN ACE HARDWARE BLADE 39.99
SCREWDRIVER, PLUGS, SOCKET 47.39
ACE TRAILER SALES TRAILER PARTS 837.60
TERRYS HARDWARE, INC. LUBRICANT, STRAPS 48.12_
TOTAL: 22,791.15
PUBLIC WORKS STR. LIGH GENERAL DAKOTA ELECTRIC ASSN ELECTRIC 3,022.30_
TOTAL: 3,022.30
PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 OCT SR CTR/TILDEN COST SHA 2,500.00_
TOTAL: 2,500.00
VIII-01
10-12-2023 10:35 AM Council Report OCTOBER 17TH PYMTS, 2023 PAGE: 2
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 676 GALLONS OF DIESEL 2,755.89
1502 GALLONS OF GAS 5,270.36_
TOTAL: 8,026.25
PARKS & RECREATION PARKS CINTAS CORPORATION NO 2 JMF RAGS AND MATS 123.58
TRI-STATE BOBCAT, INC. TOOL CAT TIRES 1,099.85
REINDERS INC. BROAD LEAF KILLER 1,432.96
BRIKK MECHANICAL LLC. JMF LEAK REPAIRS 1,436.00
HOMETOWN ACE HARDWARE LIGHTS FOR LIONS SHELTER 35.98
SUPPLIES FOR TRAILER 157.49
MISCELLANEOUS BOLTS 5.32
SEALER FOR TRAIL 25.19
MULCH FOR ARENA 242.58
LIGHTS FOR LIONS SHELTER 129.53
INDEPENDENT BLACK DIRT & SOD COMPANY I BLACK DIRT FOR PIONEER 1,050.00
NAPA AUTO PARTS GLOVES 45.77
GERLACH OUTDOOR POWER EQUIP OIL DIPSTICK FOR FERRIS MO 28.55
W.W. GRAINGER, INC. FC ANCHORS/JM PIPE INSULAT 48.92
MTI DISTRIBUTING COMPANY 5910 PARTS 122.92
NIEBUR TRACTOR & EQUIPMENT, INC. KUBOTA TRACTOR REPAIR 3,396.14
MOWER PARTS 110.53
GEAR BOX REBUILD 183.79
PRECISION LANDSCAPING & CONSTRUCTION DOWNTOWN BASKETS/POTS WATE 6,300.00
TERRYS HARDWARE, INC. LEVEE SUPPLIES 35.95
PRUNING BLADE 19.99
MISCELLANEOUS SUPPLIES 36.93
EDGING BLADE 8.95
EDGING BLADE 8.95_
TOTAL: 16,085.87
FIRE FIRE & AMBULANCE IMAGE TREND, INC. TRAINING & DIRECT MESSAGE 8,860.00
SERVICE BRIDGE MONTHLY FEE 675.00
ELITE HOSTING MONTHLY FEE 289.82
CRAIG LATCH LATCH BOOT REIMBURSEMENT 230.98
BAUER SERVICES ASSESS AFTER CREAMERY FIRE 2,875.00
NAPA AUTO PARTS BATTERY FOR UTILITY 1 283.12
ASPEN MILLS UNIFORMS 52.66
UNIFORM 477.32
HEIMAN FIRE EQUIPMENT INC FF GLOVES 824.85
TERRYS HARDWARE, INC. OUTDOOR WINDEX 77.94_
TOTAL: 14,646.69
AMBULANCE FIRE & AMBULANCE NAPA AUTO PARTS BLSTR PK MINIATURES - MEDI 6.29
WHEEL STUD FOR MEDIC 3 59.82
HENRY SCHEIN, INC. MEDICAL SUPPLIES 22.39
DANIELS HEALTH HAZ-WASTE 197.32
BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 1,521.39
MEDICAL SUPPLIES 213.99
NORTHERN SAFETY TECHNOLOGY POWER SUPPLY FOR MEDIC 3 440.63_
TOTAL: 2,461.83
LEDUC LEDUC HISTORIC EST DAKOTA COUNTY HISTORICAL SOCIETY LEDUC-50% 3RD QTR TRUST RE 5,160.13_
TOTAL: 5,160.13
ECONOMIC DEVELOPMENT HEDRA JOHN HINZMAN MILEAGE - PLANNING CONFERE 101.92_
TOTAL: 101.92
VIII-01
10-12-2023 10:35 AM Council Report OCTOBER 17TH PYMTS, 2023 PAGE: 3
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
PUBLIC WORKS 2023 IMPROVEMENTS WSB & ASSOCIATES INC 2023-1 RECON-PLEASANT DR B 780.50
BCM CONSTRUCTION, INC. 2023-1 NEIGHBORHOOD PROJEC 492,420.91_
TOTAL: 493,201.41
PUBLIC WORKS WATER WSB & ASSOCIATES INC PFAS/NITRATE REMOVAL OPTIO 1,149.50
SAFE-FAST, INC. GLOVES 146.80
HOMETOWN ACE HARDWARE HEX FOLDUP DULMAT 16.19
EAGLE BLUFF PRESSURE STN-C 17.98
EAGLE BLUFF PR ST-DEHUMIDI 224.99
HARTFIEL AUTOMATION, INC. WTP VALVES 1,517.35
GOPHER STATE ONE-CALL INC LOCATES - SEPTEMBER 311.85
NINE EAGLES PROMOTIONS KIEFFER - CLOTHING EMBROID 10.00_
TOTAL: 3,394.66
PUBLIC WORKS WASTEWATER HOMETOWN ACE HARDWARE WESTWOOD LS GEN - FASTENER 1.80
TERRYS HARDWARE, INC. WESTWOOD LS GENERATOR - ED 8.99
WESTWOOD LS GEN - FASTENER 4.57
WESTWOOD LS GEN- ENAMEL,PR 50.24
WESTWOOD LS GEN-ENAMEL, PR 53.98-
WESTWOOD LS GEN - WASHER 9.99
WESTWOOD LS GEN - WASHER, 12.34_
TOTAL: 33.95
PUBLIC WORKS STORM WATER UTILIT VERMILLION ELEVATOR INC EROSION BLANKETS 78.00_
TOTAL: 78.00
PARKS & RECREATION ARENA APEX EFFICIENCY SOLUTIONS SBC ARENA REFRIGERATION PROJEC 167,391.07_
TOTAL: 167,391.07
PUBLIC WORKS HYDRO ELECTRIC AVANT ENERGY, INC. MONTHLY FEES 330.00_
TOTAL: 330.00
NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC INSPECTIONS/TESTING 663.00
AUGSTINE SANITARY SWR ANAL 451.50
DUANE R WALLIN & WINSTON R WALLIN LLLP WALLIN 19 - CASH SECURITY 145,299.31
VIII-01
10-12-2023 10:35 AM Council Report OCTOBER 17TH PYMTS, 2023 PAGE: 4
* REFUND CHECKS *
DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_
NON-DEPARTMENTAL WATER DATTILO, DAYNA US REFUNDS 117.31
MOLL, WILLIAM US REFUNDS 43.46
BESTLER, DWANE/RAYMOND US REFUNDS 56.58
KELLER, JOSEPH/ELIZABET US REFUNDS 34.63
CANEFF, LOU ANN US REFUNDS 11.25
HOEKSTRA, JOSHUA US REFUNDS 183.82_
TOTAL: 146,860.86
=============== FUND TOTALS ================
101 GENERAL 316,114.19
200 PARKS 24,112.12
213 FIRE & AMBULANCE 17,108.52
220 LEDUC HISTORIC ESTATE 5,160.13
407 HEDRA 101.92
483 2023 IMPROVEMENTS 493,201.41
600 WATER 3,841.71
601 WASTEWATER 33.95
603 STORM WATER UTILITY 78.00
615 ARENA 167,391.07
620 HYDRO ELECTRIC 330.00
807 ESCROW - DEV/ENG/TIF-HRA 146,413.81
--------------------------------------------
GRAND TOTAL: 1,173,886.83
--------------------------------------------
TOTAL PAGES: 4
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: October 16th, 2023
Item: Donation to Hastings Police Department
Council Action Requested:
Accept donation of $50.00 from Robert and Judith Bishop
Background Information:
To show support for the work and dedication of the men and women of the Hastings Police Department,
The Bishop’s ask that you accept this check for $50.00.
Financial Impact:
Positive budgetary impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
• Thank You
VIII-02
Adopted this 16th day of October, 2023,
Attest:
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 10 - - 23
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Robert and Judith Bishop, have donated to the Hastings Police
Department a check for $50.00; and
WHEREAS, this donation will be used to support police operations; and
WHEREAS, the City Council is appreciative of the donation and commends
the Bishop’s 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 the Hastings Police Department as
designated; and
3.That the appropriate budget adjustments be made.
Kelly Murtaugh, City Clerk
_______________________________
Mary D. Fasbender, Mayor
_______________________________
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: October 10, 2023
Item: Accept a Donation from James and Shirley Ditlevson
Council Action Requested: Council is asked to accept a donation in the amount of $50.00, made to
the fire department, and to adjust the fire donation account #213-210-2100-5815 in the same amount.
Background Information: James and Shirley Ditlevson have made this donation, based on the
exceptional and outstanding service they received by Fire Marshal Al Storlie and Fire Inspector Jamie
Stevens, to be used towards the current needs of the fire department and ambulance service.
Financial Impact: Increase fire donation account by $50.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachment: Resolution
VIII-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 10- -23
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, James and Shirley Ditlevson made a donation to be
designated to the fire department; and
WHEREAS, the City Council is appreciative of the donation and
commends James and Shirley Ditlevson for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; That the donation is accepted and acknowledged with
gratitude; and
Adopted this 16th day of October, 2023.
Attest:
________________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven – Assistant City Engineer
Date: October 9, 2023
Item: Approve Final Payment – 2023 Mill & Overlay Program
COUNCIL ACTION REQUESTED
Council is requested to adopt the attached resolution approving final payment to Park Construction on the 2023
Mill & Overlay Program.
BACKGROUND INFORMATION
The project work and punchlist was completed on September 14, 2023.
FINANCIAL IMPACT
The budget for the mill and overlay program is $700,000 between State Aid and Local street segments. The final
construction cost, including material testing, is $671,500 which is 4% less than the allowable budget. State Aid
funding accounted for $200,000 and local funding accounted for the remaining balance, all within budget.
STAFF RECOMMENDATION
Staff is recommending that the City Council adopt the attached resolution approving final payment for the
project.
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING WORK AND ORDERING FINAL PAYMENT
FOR PROJECT 2023 MILL & OVERLAY PROGRAM
WHEREAS, pursuant to a written contract signed with the City of Hastings on April 17, 2023, Park Construction has
satisfactorily completed the 2023 Mill & Overlay Program.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that the Clerk
and Mayor are hereby directed to issue a proper order for the final payment of $16,580.05 on the above said
project for such contracts, taking the contractor receipt in full.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY OF OCTOBER, 2023.
Ayes:
Nays:
Mary Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
VIII-04
City of Hastings
Pay Voucher
Vendor #: 000340 Date:10/9/2023
Vendor name: PARK CONSTRUCTION Department:ENG
Remittance Address:1481 81ST AVE NE Ordered by:ENG/JOHN CAVEN
MPLS, MN 55432 Authorized by:
(Signature Required)
Invoice #
Project
#
Inv
Date
Invoice
Sub Total
Invoice Grand
Total Account #
3 10/1 16,580.05 16,580.05 101-301-3200-6590
-
-
-
-
-
-
-
-
-
-
Voucher Total:16,580.05
Signed: IN BUDGET:YES
City Administrator (over $5,000)NO
Description (40 Characters)
2023 MILL & OVERLAY PAY EST #3
VIII-04
Quantity Unit Price Amount Quantity Amount Quantity Amount
1 MOBILIZATION LS 1 $37,940.18 37,940.18$ $0.00 1.0 $37,940.18
2 CLEARING EA 4 $656.50 2,626.00$ $0.00 4 $2,626.00
3 GRUBBING EA 11 $252.50 2,777.50$ $0.00 11 $2,777.50
4 REMOVE CONCRETE CURB & GUTTER (FOR SPOT REPLACEMENT) LF 1,891 $11.67 22,067.97$ 27 $315.09 1,784 $20,819.28
5 SAWCUT BITUMINOUS (2") LF 1,118 $1.37 1,531.66$ $0.00 1,118 $1,531.66
6 REMOVE CONCRETE SIDEWALK/DRIVEWAY PAVEMENT SY 221.2 $30.34 6,711.21$ $0.00 225.9 $6,853.81
7 REMOVE BIT PAVEMENT SY 257 $16.34 4,199.38$ $0.00 259.4 $4,238.60
8 MILL BITUMINOUS PAVEMENT (2") SY 39,683 $1.38 54,762.54$ $0.00 39,683 $54,762.54
9 JOINT ADHESIVE LF 33,238 $0.71 23,598.98$ $0.00 28,360 $20,135.60
10 BIT MATERIAL FOR TACK COAT GAL 3,967 $2.30 9,124.10$ $0.00 1,745 $4,013.50
11 BIT WEAR COURSE MIX SPWEB340B TON 4,806 $62.98 302,681.88$ $0.00 4,550.85 $286,612.53
12 BIT NON WEAR COURSE MIX SPNWB330B TON 242 $87.24 21,112.08$ $0.00 $0.00
13 BIT WEAR COURSE MIX SPWEA240B (TRAIL) TON 25 $159.22 3,980.50$ $0.00 25 $3,980.50
14 BIT NON WEAR COURSE MIX SPNWB230B (TRAIL) TON 25 $156.63 3,915.75$ $0.00 10.27 $1,608.59
15 ADJUST EXISTING GATE VALVES EA 29 $61.03 1,769.87$ $0.00 1 $61.03
16 REPLACE GATE VALVE BOX SECTION EA 1 $678.24 678.24$ $0.00 $0.00
17 ADJUST RINGS & CASTING - CATCH BASIN (REINSTALL CASTING) EA 5 $336.62 1,683.10$ $0.00 7 $2,356.34
18 ADJUST RINGS & CASTING - CATCH BASIN (NEW CASTING) EA 1 $1,497.32 1,497.32$ $0.00 $0.00
19 ADJUST RINGS & CASTING - MANHOLE (REINSTALL CASTING) EA 1 $950.62 950.62$ $0.00 $0.00
20 ADJUST CASTINGS EA 38 $248.45 9,441.10$ $0.00 2 $496.90
21 MORTAR RINGS EA 62 $137.35 8,515.70$ $0.00 62 $8,515.70
22 CHIMNEY SEAL EA 9 $291.23 2,621.07$ $0.00 7 $2,038.61
23 4" CONCRETE SIDEWALK SF 1,500 $8.87 13,305.00$ 47.9 $424.87 1,580.6 $14,019.92
24 6" CONCRETE SIDEWALK SF 919 $16.88 15,512.72$ 12.5 $211.00 1,010.6 $17,058.93
25 B618 CONCRETE CURB & GUTTER (FOR SPOT REPLACEMENT) LF 1,891 $38.55 72,898.05$ 27 $1,040.85 1,784 $68,773.20
26 TRUNCATED DOMES, CAST IRON SF 156 $61.21 9,548.76$ $0.00 134 $8,202.14
27 TRAFFIC CONTROL LS 1 $6,565.00 6,565.00$ $0.00 1.0 $6,565.00
28 EROSION & SEDIMENT CONTROL LS 1 $17,451.70 17,451.70$ $0.00 1.0 $17,451.70
29 SEEDING, BLOWN COMPOST SY 1,343 $10.11 13,577.73$ $0.00 1,455 $14,710.05
30 4" SOLID LINE - PAINT LF 5,407 $0.28 1,513.96$ $0.00 5,334 $1,493.52
31 12" SOLID LINE - PAINT LF 154 $1.52 234.08$ $0.00 156 $237.12
32 24" SOLID LINE - PAINT LF 68 $3.03 206.04$ $0.00 57 $172.71
33 PAVT MESSAGE (LEFT ARROW) - PAINT SF 16.5 $10.10 166.65$ $0.00 16.5 $166.65
34 PAVT MESSAGE (RIGHT ARROW) - PAINT SF 16.5 $10.10 166.65$ $0.00 16.5 $166.65
ORIGINAL BID
COMPLETED
This Period To Date
Request For Payment
Date: September 30, 2023
Project: 2023 Mill & Overlay Program
Contractor: Park Construction
Request Number: 3
Payment Period: 7/1/23 - 9/30/23
ITEM
NO.DESCRIPTION UNIT
BASE BID
City of Hastings 2023 Mill Overlay Program Page 1 of 4
VIII-04
35 MOBILIZATION LS 1 $11,812.08 11,812.08$ $0.00 1.0 $11,812.08
36 REMOVE CONCRETE CURB & GUTTER (FOR SPOT REPLACEMENT) LF 113 $15.50 1,751.50$ $0.00 113 $1,751.50
37 SAWCUT BITUMINOUS (2") LF 116 $1.37 158.92$ $0.00 116 $158.92
38 MILL BITUMINOUS PAVEMENT (2") SY 1,903 $2.07 3,939.21$ $0.00 1,903 $3,939.21
39 JOINT ADHESIVE LF 1,997 $1.02 2,036.94$ $0.00 1,997 $2,036.94
40 BIT MATERIAL FOR TACK COAT GAL 191 $2.59 494.69$ $0.00 80 $207.20
41 BIT WEAR COURSE MIX SPWEB340B TON 231 $72.49 16,745.19$ $0.00 210 $15,222.90
42 BIT NON WEAR COURSE MIX SPNWB330B TON 12 $87.24 1,046.88$ $0.00 $0.00
43 ADJUST CASTINGS EA 1 $307.68 307.68$ $0.00 $0.00
44 MORTAR RINGS EA 3 $163.68 491.04$ $0.00 3 $491.04
45 B618 CONCRETE CURB & GUTTER (FOR SPOT REPLACEMENT) LF 113 $54.03 6,105.39$ $0.00 114 $6,159.42
46 TRAFFIC CONTROL LS 1 $505.00 505.00$ $0.00 1.0 $505.00
47 EROSION & SEDIMENT CONTROL LS 1 $1,283.76 1,283.76$ $0.00 1.0 $1,283.76
48 SEEDING, BLOWN COMPOST SY 57 $28.34 1,615.38$ $0.00 57 $1,615.38
BID TOTAL: 723,626.75$
SUB TOTAL: $1,991.81 $655,569.81
ALTERNATE BID
City of Hastings 2023 Mill Overlay Program Page 2 of 4
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PAYMENT SUMMARY:
Pay Estimate Number Retainage Payment
1 $0.00 $214,934.94
2 $14,588.23 $424,054.82
3 $0.00 $16,580.05
TOTALS TO DATE: $14,588.23 $655,569.81
Total Completed to Date:
Less Retainage:
Less Previous Payment:
Total Amount Due:
$0.00
$638,989.76
$16,580.05
$655,569.81
5/1/23 - 5/31/23
Period
6/1/23 - 6/30/23
7/1/23 - 9/30/23
City of Hastings 2023 Mill Overlay Program Page 4 of 4
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City of Hastings
Pay Voucher
Vendor #: 001254 Date:10/10/2023
Vendor name: BCM CONSTRUCTION Department:ENG
Remittance Address:15760 ACORN TRAIL Ordered by:ENG
FARIBAULT, MN 55021 Authorized by:
(Signature Required)
Invoice #
Project
#
Inv
Date
Invoice
Sub Total
Invoice Grand
Total Account #
5 99 10/1 492,420.91 492,420.91 483-300-3630-6590
-
-
-
-
-
-
-
-
-
-
Voucher Total:492,420.91
Signed: IN BUDGET:YES
City Administrator (over $5,000)NO
Description (40 Characters)
2023-1 NEIGHBORHOOD PROJECT
PA Y ESTIMATE #5
VIII-05
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #5
Quantity Amount
1 CLEARING TREE 14 650.00$ 9,100.00$ 17 11,050.00$ 17 11,050.00$ -$
2 GRUBBING TREE 15 315.00$ 4,725.00$ 19 5,985.00$ 19 5,985.00$ -$
3 REMOVE EXISTING GATE VALVE EA 25 200.00$ 5,000.00$ 25 5,000.00$ 25 5,000.00$ -$
4 REMOVE EXISTING HYDRANT & GATE VALVE EA 4 515.00$ 2,060.00$ 4 2,060.00$ 4 2,060.00$ -$
5 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 60 415.00$ 24,900.00$ 61 25,315.00$ 61 25,315.00$ -$
6 REMOVE EXISTING SANITARY MANHOLE EA 4 350.00$ 1,400.00$ 4 1,400.00$ 4 1,400.00$ -$
7 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 39 170.00$ 6,630.00$ 39 6,630.00$ 39 6,630.00$ -$
8 SALVAGE AND REINSTALL MAIL BOX EA 7 185.00$ 1,295.00$ 7 1,295.00$ -$ 7 1,295.00$
9 INSTALL MAIL BOX EA 3 185.00$ 555.00$ 3 555.00$ -$ 3 555.00$
10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 750 4.00$ 3,000.00$ 750 3,000.00$ -$ 750 3,000.00$
11 SAWCUT EXISTING CONCRETE PAVEMENT LF 50 8.00$ 400.00$ 50 400.00$ -$ 50 400.00$
12 REMOVE CONCRETE CURB & GUTTER LF 10670 3.60$ 38,412.00$ 10670 38,412.00$ 10670 38,412.00$ -$
13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 1358 8.50$ 11,543.00$ 1358 11,543.00$ 1358 11,543.00$ -$
14 REMOVE EXISTING SANITARY SEWER PIPE (ALL DEPTHS & SIZES) LF 80 8.50$ 680.00$ 80 680.00$ 80 680.00$ -$
15 SAND FILL AND ABANDON WATER MAIN LF 800 7.00$ 5,600.00$ 396 2,772.00$ 396 2,772.00$ -$
16 REMOVE EXISTING WATER MAIN (ALL DEPTHS & SIZES) LF 243 14.00$ 3,402.00$ 243 3,402.00$ 243 3,402.00$ -$
17 REMOVE CONCRETE SIDEWALK SY 2100 9.00$ 18,900.00$ 2122 19,098.00$ 2122 19,098.00$ -$
18 REMOVE CONCRETE DRIVEWAY SY 469 9.00$ 4,221.00$ 469 4,221.00$ 380 3,420.00$ 89 801.00$
19 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 60 11.00$ 660.00$ 82 902.00$ -$ 82 902.00$
20 REMOVE BITUMINOUS PAVEMENT SY 25450 0.80$ 20,360.00$ 25450 20,360.00$ 25450 20,360.00$ -$
21 REMOVE MAIL BOX SPECIAL EA 2 350.00$ 700.00$ 2 700.00$ -$ 2 700.00$
22 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 11140 1.10$ 12,254.00$ 11140 12,254.00$ 6850 7,535.00$ 4290 4,719.00$
23 COMMON EXCAVATION (EV) CY 6330 19.75$ 125,017.50$ 6330 125,017.50$ 6330 125,017.50$ -$
24 COMMON EXCAVATION TRAIL (EV) CY 1040 17.00$ 17,680.00$ 1040 17,680.00$ 890 15,130.00$ 150 2,550.00$
25 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1014 9.50$ 9,633.00$ 1014 9,633.00$ 656 6,232.00$ 358 3,401.00$
26 SUBGRADE CORRECTION (EV) CY 1650 6.50$ 10,725.00$ 931 6,051.50$ 886 5,759.00$ 45 292.50$
27 CRUSHED ROCK BORROW MATERIAL (LV) CY 1650 15.60$ 25,740.00$ 317 4,945.20$ 317 4,945.20$ -$
28 GRANULAR PIPE BEDDING (LV) CY 50 30.00$ 1,500.00$ -$ -$ -$
29 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 50 25.00$ 1,250.00$ 10 250.00$ -$ 10 250.00$
30 AGGREGATE BASE CLASS 5 (STREET) TON 10511 12.75$ 134,015.25$ 11278 143,794.50$ 11233 143,220.75$ 45 573.75$
31 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 1281 21.00$ 26,901.00$ 1281 26,901.00$ 1100 23,100.00$ 181 3,801.00$
32 BIT JOINT SAWING AND SEALING LF 6780 4.20$ 28,476.00$ -$ -$ -$
33 JOINT ADHESIVE LF 17065 0.80$ 13,652.00$ -$ -$ -$
34 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 11140 3.25$ 36,205.00$ 11140 36,205.00$ 11140 36,205.00$ -$
35 BITUMINOUS MATERIAL FOR TACK COAT GAL 5264 5.25$ 27,636.00$ 225 1,181.25$ -$ 225 1,181.25$
36 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 60 63.00$ 3,780.00$ 264 16,632.00$ -$ 264 16,632.00$
37 BITUMINOUS WEAR COURSE MIX SPWEB340C (STREET) TON 3847 78.50$ 301,989.50$ -$ -$ -$
38 BITUMINOUS NON WEAR COURSE MIX SPNWB330C (STREET) TON 6370 78.50$ 500,045.00$ 6621 519,748.50$ 5143 403,725.50$ 1478 116,023.00$
39 BITUMINOUS WEAR COURSE MIX: SPWEB340B (TRAIL) TON 755 84.00$ 63,420.00$ 753 63,252.00$ -$ 753 63,252.00$
40 12" RCP DES 3006 CL III LF 58 127.00$ 7,366.00$ 58 7,366.00$ 58 7,366.00$ -$
41 15" RCP DES 3006 CL III LF 1911 84.50$ 161,479.50$ 1933 163,338.50$ 1933 163,338.50$ -$
42 18" RCP DES 3006 CL III LF 111 101.00$ 11,211.00$ 111 11,211.00$ 111 11,211.00$ -$
43 21" RCP DES 3006 CL III LF 15 108.00$ 1,620.00$ 15 1,620.00$ 15 1,620.00$ -$
44 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 1 1,500.00$ 1,500.00$ 1 1,500.00$ 1 1,500.00$ -$
45 CONNECT TO EXISTING STORM SEWER EA 29 400.00$ 11,600.00$ 31 12,400.00$ 31 12,400.00$ -$
46 CONST DRAINAGE STRUCTURE 24" X 36" EA 40 3,350.00$ 134,000.00$ 42 140,700.00$ 42 140,700.00$ -$
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Payments This Pay Period
Request For Payment
Date: 9/30/2023
Project: 2023 Neighborhood Infrastructure Improvements
Contractor: BCM Construction Inc.
Request Number: 5
Payment Period: 9/1/2023 - 9/30/2023
Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 1 of 4
VIII-05
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #5
Quantity Amount
47 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 20 4,150.00$ 83,000.00$ 22 91,300.00$ 22 91,300.00$ -$
48 REPLACE EXISTING STORM SEWER CASTING SPECIAL EA 8 1,350.00$ 10,800.00$ 8 10,800.00$ -$ 8 10,800.00$
49 ADJUST FRAME RING AND CASTING (SPECIAL) EA 21 700.00$ 14,700.00$ 13 9,100.00$ -$ 13 9,100.00$
50 HYDRODYNAMIC SEPARATOR EA 3 18,200.00$ 54,600.00$ 3 54,600.00$ 3 54,600.00$ -$
51 GEOTEXTILE FILTER MATERIAL TYPE IV SY 50 5.00$ 250.00$ -$ -$ -$
52 4" CONCRETE SIDEWALK SF 2750 7.30$ 20,075.00$ 2446 17,855.80$ 1413 10,314.90$ 1033 7,540.90$
53 6" CONCRETE SIDEWALK SF 390 9.40$ 3,666.00$ 758 7,125.20$ 335 3,149.00$ 423 3,976.20$
54 B618 CONCRETE CURB & GUTTER LF 10920 19.60$ 214,032.00$ 10966 214,933.60$ 7699 150,900.40$ 3267 64,033.20$
55 CONCRETE VALLEY GUTTER LF 400 37.00$ 14,800.00$ 408 15,096.00$ -$ 408 15,096.00$
56 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 1485 31.25$ 46,406.25$ 1827 57,093.75$ 909 28,406.25$ 918 28,687.50$
57 6" CONCRETE DRIVEWAY PAVEMENT SY 530 67.00$ 35,510.00$ 373 24,991.00$ 155 10,385.00$ 218 14,606.00$
58 CONCRETE PEDESTRIAN RAMP EA 44 2,150.00$ 94,600.00$ 47 101,050.00$ 13 27,950.00$ 34 73,100.00$
59 TRAFFIC CONTROL LS 1 12,600.00$ 12,600.00$ 1 12,600.00$ 1 6,300.00$ 0.5 6,300.00$
60 ROCK CONSTRUCTION EXIT EA 7 700.00$ 4,900.00$ -$ -$ -$
61 STORM DRAIN INLET PROTECTION EA 65 125.00$ 8,125.00$ 65 8,125.00$ 65 8,125.00$ -$
62 SILT FENCE, TYPE MS LF 250 5.00$ 1,250.00$ -$ -$ -$
63 FLOTATION SILT CURTAIN, TYPE MOVING WATER LF 50 25.00$ 1,250.00$ 50 1,250.00$ 50 1,250.00$ -$
64 EROSION & SEDIMENT CONTROL LS 1 4,500.00$ 4,500.00$ 1 4,500.00$ 1 4,500.00$ -$
65 LOAM TOPSOIL BORROW (LV) CY 1550 25.00$ 38,750.00$ 837 20,925.00$ -$ 837 20,925.00$
66 EROSION CONTROL BLANKETS CATEGORY 4 SY 50 4.20$ 210.00$ -$ -$ -$
67 SEEDING, BLOWN COMPOST SY 12025 5.50$ 66,137.50$ -$ -$ -$
68 PAVEMENT MESSAGE PAINT (RIGHT OR LEFT ARROW) EA 4 84.00$ 336.00$ -$ -$ -$
69 4" SOLID LINE PAINT LF 10850 0.20$ 2,170.00$ -$ -$ -$
70 12" SOLID LINE PAINT LF 80 12.00$ 960.00$ -$ -$ -$
71 4" BROKEN LINE PAINT LF 1040 0.20$ 208.00$ -$ -$ -$
72 CROSSWALK PAINT SF 108 9.50$ 1,026.00$ -$ -$ -$
73 TEMPORARY BYPASS PUMPING LS 1 2,500.00$ 2,500.00$ 1 2,500.00$ 1 2,500.00$ -$
74 CONNECT TO EXISTING SANITARY SEWER STRUCTURE EA 1 1,300.00$ 1,300.00$ 1 1,300.00$ 1 1,300.00$ -$
75 CONNECT TO EXISTING SANITARY SEWER EA 1 980.00$ 980.00$ 1 980.00$ 1 980.00$ -$
76 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 10 500.00$ 5,000.00$ 10 5,000.00$ 10 5,000.00$ -$
77 4" ON 8" PVC WYE EA 10 340.00$ 3,400.00$ 10 3,400.00$ 10 3,400.00$ -$
78 4" PVC SDR 26 (FOR SERVICES) LF 330 48.00$ 15,840.00$ 275 13,200.00$ 275 13,200.00$ -$
79 8" PVC SDR 35 LF 658 59.00$ 38,822.00$ 658 38,822.00$ 658 38,822.00$ -$
80 10" PVC SDR 35 LF 306 72.00$ 22,032.00$ 306 22,032.00$ 306 22,032.00$ -$
81 8" DIP SANITARY SEWER (ALL DEPTHS) LF 20 180.00$ 3,600.00$ 20 3,600.00$ 20 3,600.00$ -$
82 CONSTRUCT 8" OUTSIDE DROP LF 4 1,200.00$ 4,800.00$ 4 4,800.00$ 4 4,800.00$ -$
83 TELEVISE SANITARY SEWER LF 964 4.00$ 3,856.00$ -$ -$ -$
84 REPLACE EXISTING SANITARY SEWER CASTING EA 4 1,100.00$ 4,400.00$ 4 4,400.00$ -$ 4 4,400.00$
85 48" DIA. SSMH EA 5 6,000.00$ 30,000.00$ 5 30,000.00$ 5 30,000.00$ -$
86 EXTRA DEPTH MH 10'+ LF 3 420.00$ 1,260.00$ 3 1,260.00$ 3 1,260.00$ -$
87 CONNECT TO EXISTING WATERMAIN EA 18 900.00$ 16,200.00$ 19 17,100.00$ 19 17,100.00$ -$
88 CONNECT TO EXISTING WATER SERVICE EA 11 300.00$ 3,300.00$ 11 3,300.00$ 11 3,300.00$ -$
89 1" CORP STOP EA 10 550.00$ 5,500.00$ 10 5,500.00$ 10 5,500.00$ -$
90 2" CORP STOP EA 1 880.00$ 880.00$ 1 880.00$ 1 880.00$ -$
91 1" CURB STOP AND BOX EA 10 600.00$ 6,000.00$ 10 6,000.00$ 10 6,000.00$ -$
92 2" CURB STOP AND BOX EA 1 1,060.00$ 1,060.00$ 1 1,060.00$ 1 1,060.00$ -$
93 HYDRANT 7.5' BURY W/GATE VALVE EA 5 8,400.00$ 42,000.00$ 5 42,000.00$ 5 42,000.00$ -$
94 REPLACE EXISTING GATE VALVE BOX EA 7 750.00$ 5,250.00$ 6 4,500.00$ 6 4,500.00$ -$
95 CURB STOP COVER CASTING EA 3 360.00$ 1,080.00$ -$ -$ -$
96 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 7 1,650.00$ 11,550.00$ 6 9,900.00$ 6 9,900.00$ -$
97 ADJUST EXISTING GATE VALVE BOX EA 24 160.00$ 3,840.00$ -$ -$ -$
98 6" GATE VALVE & BOX EA 15 2,225.00$ 33,375.00$ 15 33,375.00$ 15 33,375.00$ -$
99 8" GATE VALVE & BOX EA 7 3,050.00$ 21,350.00$ 8 24,400.00$ 8 24,400.00$ -$
100 12" GATE VALVE & BOX EA 2 5,350.00$ 10,700.00$ 2 10,700.00$ 2 10,700.00$ -$
101 CURB STOP BOX REPAIR/EXTENSION EA 1 650.00$ 650.00$ -$ -$ -$
102 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 1850 6.75$ 12,487.50$ 3141 21,201.75$ 3141 21,201.75$ -$
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Payments This Pay Period
Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 2 of 4
VIII-05
Quantity Unit Price Amount Quantity Amount Quantity Amount
Pay Estimate #5
Quantity Amount
103 CURB STOP EXTRA DEPTH LF 1 415.00$ 415.00$ -$ -$ -$
104 1" TYPE K COPPER W/FITTINGS LF 300 54.00$ 16,200.00$ 281 15,174.00$ 281 15,174.00$ -$
105 2" HDPE (CTS) WATER SERVICE LF 38 75.00$ 2,850.00$ 61 4,575.00$ 61 4,575.00$ -$
106 6" C-900 PVC W/FITTINGS LF 1460 56.00$ 81,760.00$ 1436 80,416.00$ 1436 80,416.00$ -$
107 6" DIP W/FITTINGS LF 70 120.00$ 8,400.00$ 150 18,000.00$ 150 18,000.00$ -$
108 8" C-900 PVC W/FITTINGS LF 2940 65.00$ 191,100.00$ 2940 191,100.00$ 2940 191,100.00$ -$
109 12" C-900 PVC W/FITTINGS LF 92 180.00$ 16,560.00$ 83 14,940.00$ 83 14,940.00$ -$
110 2" INSULATION 4'X8' SHEET SY 15 38.00$ 570.00$ -$ -$ -$
111 REMOVE ORNAMENTAL METAL RAILING LF 116 37.00$ 4,292.00$ 116 4,292.00$ -$ 116 4,292.00$
112 REMOVE CONCRETE APPROACH PANELS SF 180 48.00$ 8,640.00$ 180 8,640.00$ 180 8,640.00$ -$
113 REMOVE CONCRETE SIDEWALK SF 220 8.00$ 1,760.00$ 220 1,760.00$ 220 1,760.00$ -$
114 SIDEWALK CONCRETE (3S52) SF 878 59.00$ 51,802.00$ 878 51,802.00$ 878 51,802.00$ -$
115 REINFORCEMENT BARS (EPOXY COATED) LB 3315 3.15$ 10,442.25$ 3315 10,442.25$ 3315 10,442.25$ -$
116 BRIDGE APPROACH PANELS SY 45 800.00$ 36,000.00$ 45 36,000.00$ 45 36,000.00$ -$
117 REMOVE CONCRETE BRIDGE DECK SF 6 210.00$ 1,260.00$ 6 1,260.00$ 6 1,260.00$ -$
118 REMOVE CONCRETE BRIDGE SIDEWALK LF 115 28.00$ 3,220.00$ 115 3,220.00$ 115 3,220.00$ -$
119 ANCHORAGES TYPE REINF BARS EA 254 48.00$ 12,192.00$ 254 12,192.00$ 254 12,192.00$ -$
120 RECONSTRUCT EXPANSION JOINT TYPE B LF 7 1,575.00$ 11,025.00$ 3.5 5,512.50$ -$ 4 5,512.50$
121 CONCRETE SURFACE REPAIR, TYPE 2 SF 6 210.00$ 1,260.00$ -$ -$ -$
122 WIRE FENCE, DESIGN S-1 (VINYL COATED) LF 111 260.00$ 28,860.00$ 114 29,640.00$ -$ 114 29,640.00$
3,368,721.25$
ORIGINAL BID
PROJECTS: This Period Total to Date
2023-1 Neighborhood Infrastructure Improvements $518,337.80 $2,937,982.80
SUBTOTALS: $2,937,982.80 $2,419,645.00 $518,337.80
TOTAL TO DATE PREVIOUS PAYMENTS CURRENT PERIOD
ITEM
NO. DESCRIPTION UNIT
ORIGINAL BID COMPLETED
Total To Date Previous Payments This Pay Period
Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 3 of 4
VIII-05
Pay Estimate Number Period Retainage*
1 5/1/2023 - 5/31/2023
2 6/1/2023 - 6/30/2023
3 7/1/2023 - 7/31/2023
4 8/1/2023 - 8/31/2023 $38,264.25
5 (Current) 9/1/2023 - 9/30/2023 $25,916.89
$64,181.14
*A 5% retainage is withheld on all payments after total amount completed to date exceeds 50% of original bid
$2,937,982.80
$64,181.14
$2,381,380.75
$492,420.91
Application for Payment Number: 5 BCM Construction Inc.
_________________________________________________________ __________________ Contractor Date
_________________________________________________________ __________________ Engineer Date
___________________________________________________________________________ Approved by Owner Date
Total Amount Due:
Contractor:
$492,420.91 $518,337.80
TOTALS TO DATE: $2,873,801.66 $2,937,982.80
Total Completed to Date:
Less Retainage:
Less Previous Payment:
$663,034.95 $663,034.95
$578,940.10 $578,940.10
$727,020.70 $765,284.95
CITY OF HASTINGS2023 Neighborhood Infrastructure ImprovementsPayment Summary
Payment Pay Period Total
$412,385.00 $412,385.00
Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 4 of 4
10/6/23Aaron Miller Digitally signed by Aaron MillerDN: C=US, E=amiller@bcmgrading.com, CN=Aaron MillerDate: 2023.10.06 10:03:41-05'00'
10/6/23
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven
Date: October 9, 2023
Item: Utility Abandonment Agreement: 1801 Chantry Tr
Council Action Requested:
The City Council is requested to approve the enclosed Utility Abandonment Agreement for 1801 Chantry
Trail.
Background Information:
Gregory and Deborah Wagner are currently building one single family home on two combined parcels
located at Lots 3-4, Block 1, Wallin 14th Addition. A water service and sanitary sewer service are stubbed
to the property line for both Lots 3 and 4. The new construction will utilize the stub for Lot 4 leaving an
unused set of services on Lot 3. It is City policy to remove the unused services to the main. A Utility
Abandonment Agreement was alternatively signed to protect the newly constructed private road, Chantry
Trail, from patchwork. The Agreement memorializes the Owners responsibility to undertake any work, at
their expense, necessary in the future to repair or modify the unused water and sewer service lines. Any
failure to undertake the work, at their expense, would allow the City to undertake the work and assess
the cost against the property. The enclosed agreement imposes those obligations on the property owner.
Financial Impact:
There should be no financial impact to the City unless some repair or reconstruction work is required in
the future and the property owners refuse to undertake that work, in which case, the City would
undertake that work and assess those costs against the property.
Staff Recommendation:
Staff is recommending approval of the enclosed Utility Abandonment Agreemetn for 1801 Chantry Trail.
Attachments:
Utility Abandonment Agreement
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: October 16, 2023
Item: Authorize Signature: Permanent Sign Easement - Highway 55 Welcome Sign
Council Action Requested:
Authorize signature of the attached Permanent Sign Easement between Augustine Family
Farm, LLC, and the City of Hastings for placement of a Welcome to Hastings monument
sign near the south side of Highway 55 west of the Xcel Energy Substation. A simple
majority is necessary for action.
Background:
Placement of a welcome sign on the west side of the City is a priority. The sign would
be similar in design and slightly larger than the existing sign near downtown.
The agreement establishes a 40’x40’ easement area for placement of the sign with
maintenance responsibilities for the area assumed by the City. The site is located
outside the city limits in Nininger Township. On August 15, 2023 the Town Board
granted approval to place the sign as indicated in the easement agreement.
Financial Impact:
The City would be responsible for maintenance of the sign and surrounding
easement area.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Location Map
• Sign Image
• Permanent Sign Easement
VIII-07
2400 Prior Ave. N.
Roseville, MN 55113
651-649-0675
www.sarsigns.com
Note: This graphic is the property of Signarama. Any use or reproduction in any form is prohibited without written permission
Approx. 18’ x 12’ Approx. 12’ x 7’
VIII-07
2400 Prior Ave. N.
Roseville, MN 55113
651-649-0675
www.sarsigns.com
Note: This graphic is the property of Signarama. Any use or reproduction in any form is prohibited without written permission
Current Sign Dimensions
VIII-07
PERMANENT SIGN EASEMENT
THIS PERMANENT SIGN EASEMENT (“Easement”)is made,granted and conveyed this 9
day of October,2023,by and between the City of Hastings,a Minnesota municipal corporation
(“City”),and Augustine Family Farm LLC,a Minnesota limited liability company (“Augustine”).
PROPERTY DESCRIPTION
Augustine owns real property situated within Dakota County, Minnesota,legally described as
follows on Exhibit A (the “Augustine Property”),attached hereto and incorporated herein by
reference.
PERMANENT EASEMENT DESCRIPTION
Augustine for and in consideration of One Dollar and other good and valuable consideration,the
receipt whereof is hereby acknowledged,does hereby grant and convey unto City,its successors and
assigns,the following:
A permanent easement (“Permanent Easement”)for a monument sign and all such
purposes ancillary,incident or related thereto under,over,across,through and upon
the Augustine Property.The Permanent Easement Area is legally described and
depicted on Exhibit B (the “Permanent Easement Area”),attached hereto and
incorporated herein by reference.
The Permanent Easement rights granted herein are forever and shall include,but not be limited to,the
construction,maintenance,repair and replacement of a monument sign and all facilities and
improvements ancillary,incident or related thereto,under,over,across,through and upon the
Permanent Easement Area.
The Permanent Easement rights further include,but are not limited to,the right of ingress and egress
over the Permanent Easement Area to access the Permanent Easement for the purposes of
VIII-07
construction,maintenance,repair and replacement of a monument sign and all facilities and
improvements ancillary,incident or related thereto.
EXEMPT FROM STATE DEED TAX
The rights of the City also include the right of the City,its contractors,agents and servants:
(a)To enter upon the Permanent Easement Area at all reasonable times for the purposes of
construction,reconstruction,inspection,repair,replacement,grading,sloping,and restoration
relating to the purposes of the Permanent Easement; and
(b)To maintain the Permanent Easement Area and all facilities and improvements ancillary,
incident or related thereto;and
(c)To remove from the Permanent Easement Area trees,brush,herbage,aggregate,undergrowth
and other obstructions interfering with the location,construction and maintenance of the
monument sign and to deposit earthen material in and upon the Permanent Easement Area;
and
(d)To remove or otherwise dispose of all earth or other material excavated from the Permanent
Easement Area as City may deem appropriate relating to the purposes of the Pennanent
Easement.
If the City removes from the Permanent Easement Area trees,brush,herbage,aggregate,undergrowth
and other obstructions interfering with the location,construction and maintenance of the monument
sign.City shall restore the Permanent Easement Area to the satisfaction of Augustine,at its own
expense.
City shall not be responsible for any costs,expenses,damages,demands,obligations,penalties,
attorneys’fees and losses resulting from any claims,actions,suits,or proceedings based upon a
release or threat of release of any hazardous substances,petroleum,pollutants,and contaminants
which may have existed on,or which relate to,the Permanent Easement Area or the Augustine
Propeity prior to the date hereof
Augustine and City each agree to defend,indemnify,and hold harmless each other,its agents and
employees,from and against legal liability for all claims,losses,damages, and expenses to the extent
such claims,losses,damages,or expenses are caused by its negligent acts,errors,or omissions arising
out of this Easement.In the event claims,losses,damages,or expenses are caused by the joint or
concurrent negligence of Augustine and City,they shall be borne by each party in proportion to its
own negligence.
Nothing contained herein shall be deemed a waiver by the City of any governmental immunity
defenses,statutory or otherwise.Further,any and all claims brought by Augustine or its successors
or assigns,shall be subject to any governmental immunity defenses of the City and the maximum
liability limits provided by Minnesota Statutes,Chapter 466.
When the Augustine Property is developed.City confirms that the existing property lines of the
2
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Augustine Property and City’s setbacks requirements therefrom are not modified due to the Easement
or the Permanent Easement Area.In addition,when the Augustine Property is developed,City shall
assist with review of landscaped buffering from the Permanent Easement Area.
Augustine,for itself and its successors and assigns,does hereby warrant to and covenant with the
City,its successors and assigns,that it is well seized in fee of the Augustine Property and the
Permanent Easement Area and has good right to grant and convey the Permanent Easement herein to
the City.Augustine agrees to maintain the sight triangle to the sign,the area of which is depicted on
Exhibit C, attached hereto and incorporated herein by reference,and shall not plant com or other tall
crops within the sight triangle.
This agreement is binding upon the heirs,successors,executors,administrators and assigns of the
parties hereto.
This agreement may be executed in any number of counterparts,each of which shall be deemed
an original but all of which shall constitute one and the same instrument.
[remainder of page intentionally left blank]
3
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IN TESTIMONY WHEREOF,the parties have caused this Easement to be executed as of the day
and year first above written.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender,Mayor
ATTEST:
By:
Kelly Murtaugh,City Clerk
STATE OF MINNESOTA )
)
COUNTY OF DAKOTA )
,2023,before me a Notary Public within andOnthis
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 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.
day of
Notary Public
4
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AUGUSTINE:
AUGUSTINE FAMILY FARM LLC
By:
■obert P.Sieben
Its:President/General Manager
MiimoaotaSTATEOF
Ec\VA QoXnt )ssCOUNTYOF-eakote
2023,byTheforegoinginstrumentwasexecutedthis^^lOj^.day of *October
Robert Sieben ———,the President/General Manager ^of Augustine Family Farm LLC,
a Minnesota limited liability company,on behalf of saidcompany..
Notary Public
O\'O0-3,oX/
io/\o/as
This instrument drafted by
and after recording,please return to:
Korine L.Land (#262432)
LeVander,Gillen &Miller,P.A.
1305 Corporate Center Drive,Suite 300
Eagan,MN 55121
651-451-1831
5
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EXHIBIT A
LEGAL DESCRIPTION OF AUGUSTINE PROPERTY
The following real property located in Section Thirty (30),Township One Hundred Fifteen (115)
North,Range Seventeen (17)West,Dakota County,Minnesota,according to the Government Survey
thereof:
The North One-half of the Southeast Quarter (N1/2 of SEl/4),EXCEPTING THEREFROM
the East 495 feet thereof and EXCEPTING THEREFROM that part South and East of a line
commencing at the Northwest corner of Outlot C of Sunset West;thence North on the West
line of the Northeast Quarter of the Southeast Quarter (NEl/4 of SEl/4)590.27 feet;thence
North 89 degrees 27 minutes 02 seconds East 671.12 feet;thence South 78 degrees 02 minutes
49 seconds East 152.44 feet to a point on a line 603 feet South of the Southerly right of way
of S.T.H.#55;thence East on said line to the East line of the Southeast Quarter and there
terminating;and EXCEPT beginning at the Northwest Quarter of the Southeast Quarter
(NWl/4 of SEl/4) 341.47 feet;thence North 356.57 feet;thence East 261.47 feet;thence
North 233.27 feet;thence East 80 feet to the East line of the Northwest Quarter of the
Southeast Quarter (NWl/4 of SEl/4)on the East line 590.27 feet to the point of beginning.
(PlD:30-03000-014-80).(H/).ytrac/l
A-1
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SKETCH AND DESCRIPTION NOTES r
No field work was completed by E.G.Rud and Sons,Inc.at this time.
Parcel ID Number;30-03000-80-014,
This survey was prepared without the benefit oftitle work.Additionaleasements,restrictions and/or encumbrances may exist other than
those shown hereon,Survey subject to revision upon receipt of a
current title commitment or an attorney's title opinion.
o-for-CITY OF HASTINGS
-of-MONUMENT SIGN EASEMENT
FOR PARCEL ID NO.30-03000-80-014 OPiEAST1/4 CORNER OF
SEC.30-TU5N-R17W —^t/3n\XX
V \
STATE TRUNK HIGHWAY NO.55 \H\\
S o(A.K.A.I45TH S T R'E E T EAST)\\NORTH UNE OF THE
NEI/4-SEI/4 OFSEC,30-mSN4«7W
\>\r fN r-IftK- K'
t r%y \r>*IfiUin\l )\j i-IiII Sit n M f\i f--nt 2:Ii/O/r\*●'»-M I ^ /V/IVI I ^ >Sih- ■O/f;V\i SlY m UNE OF STATETRUNK HIGHWAY NO,55 PER
THE RECORDED PLAT OF MINNESOTA DEPARTMENT OF
THANSPORTATION RIGHT OF WAY PUNT NO.
s\i \wn2isH(4iDD40.00-'1 O-^.-monument SIGN
EASEMENT
I 24o HO1q,-■
wk495.00—WESTUNEOETHE
NE1/4-SEI/4 0F
5EC,30-TU5N-R17W
.4
PARCEL ID NO,
30-03000-81-010
!“●f >- t
Si£u.«f
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4*4 Itt--If \
«LEGEND tu.r'r'PART OF PARCEL ID
NO.30-03000-80-014
-nil-D'?d,
«-u<Ui u,UlZUl
GRAPHIC SCALE 2DENOTESMONUMENTSIGNEASEMENT
(1,600 S.F,,MORE OR LESS)
'X*H
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cnMONUMENTSIGNEASEMENTDESCRIPTION\?!NORTH 1 INCH = lOOFEETAperpetualeasementformonumentsignpurposesover,under and aaoss
the east 40.00 feet of the north 40,00 feet of the following described parcel:2SCALE;1"=100’BEARING DATUM!County JOB NO.230950ED DRAWN BY:JEN CREW;N/A HDATE; 09-19-23ThatpartoftheNortheast Quarter of the Southeast Quarter of Section
30,Township 115 North,Range 17 West, Dakota County,Minnesota,which lies west of the east 495.00 feet thereof and south of the
southerly right of way line of State Trunk Highway No.55 per the
recorded plat of MINNESOTA DEPARTMENT OF TRANSPORTATION
RIGHT OF WAY PUT NO,19-86,Dakota County,Minnesota,
mD..&m.iNEIherebycertifythatthis plan,survey or report was prepared bymeorundermydirectsupervisionandthatIamadulyLicensedlandSurveyorunderthelawsoftheStateofMInnspota.
REVISIONS PROFESSIONAL WND SURVeYORS6TOLAKEDRIVENE,SUITE 110UNOUKES,MWNESOTA 55014*:;.(651)361«FAX(OS1)WM701www^grudcoffl
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JfRnnesota license No.753^3DateddayofSgpgmber2023.
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VIII-07
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tniz n||r:PROPOSED SiGHT TRIANGLEMAINTENANCE ARE.‘'''fm REQUESTING NO PLANTING IN THISTRIANGLE ll^MS25'X20(y.2.50CSrARE4 H X.XCEL ENERGY a:G(0OIO ®2:HPROPOSEDIffXSMONUMENTSIGNWITH6‘LANDSCAPE PERIMEll.!●’
SIGN ELEVATION AT BASE 31C.50.ELEVATIONAT LANDSCAPEE[)GE-910.00.NWCORNER OF SIGN TO BE 11.5'SOUTH OF RIGHT-OF-WAY
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O.-i>.;i m H0§»PP ^CITY TOWORK WITH PROPERTY OV^ER IN CONJUNCTION WITH HW.I-^CONSTRUCTION TO PROVIDE LANDSCAPEBUFFERING FROMRESIDENTS.5t»rtiiSui-40 Xw PcKMANcKf Hftsciwchl.i.euuaf.*GRADING TO EXTEND BEYOND THESE LIMITS- ‘TEMPORMILYBYMiNliMUMOFlO PERMISSION FOR^GRADING ^VORK TO BE 08TAN6D VIA RIGHTOF ENTRY.
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VIII-07
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 16, 2023
Item: Authorize Signature: 1st Amendment to Agreement for Services - Precision
Landscaping and Construction
Council Action Requested:
Authorize signature of the attached 1st Amendment to Agreement for Services between
the City and Precision Landscaping and Construction to perform certain abatement
services related to code enforcement violations. Tasks performed by Precision would
include mowing, snow and ice removal, property cleanup, and securing of property. A
simple majority is necessary for action.
Background Information:
The Amendment extends the contract to October 31, 2025 and amends the winter rate
schedule for snow removal to use a per hour basis instead of a s.f. basis. Staff believes
the change will be easier to calculate and result in the same if not lower expense. The
City Council authorized signature of the original Agreement for Services on August 1,
2022.
Financial Impact:
Minimal. Costs for performing services would be assessed to the property owner.
Advisory Commission Discussion:
N\A
Attachments:
• 1st Amendment to Agreement for Services
• Original Agreement for Services
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1
FIRST AMENDMENT TO AGREEMENT FOR SERVICES BETWEEN
CITY OF HASTINGS AND PRECISION LANDSCAPING & CONSTRUCTION, INC. This First Amendment to the Agreement for Services (“First Amendment”) is made this ____ day of October, 2023, by and between the City of Hastings (“City”), a Minnesota municipal corporation, and Precision Landscaping & Construction, Inc. (“Precision”), a Minnesota
corporation.
RECITALS A. The City entered into an Agreement for Services with Precision on August 1, 2022
(“Agreement”).
B. The City and Precision desire to amend the Agreement to modify the Term and the Fees for snow and ice removal.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other
contained in this First Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The entire Agreement is hereby incorporated into this First Amendment, except as
modified below.
2. Section III of the Agreement is hereby removed and replaced in its entirety as follows: 3. TERM. The term of this Agreement shall commence on October 16, 2023, and shall
terminate on October 15, 2025, unless terminated prior to that date pursuant to
Section 5 of this Agreement. This Agreement may be extended upon the written mutual consent of the parties for such additional periods as they deemed appropriate and upon the same terms and conditions as herein stated.
3. Part D of the Quote Form in Exhibit 1 of the Agreement is hereby removed and replaced
in its entirety as follows:
Labor Hourly Shoveling $75/Hr.
Sidewalk Machine Hourly w/Plow (Utv. Exct.) $115/Hr. Includes Labor
Skid Loader Hourly $125/Hr. Includes Labor
Payloader Hourly $135/Hr. Includes Labor Dump Truck Hourly Hauling Snow $135/Hr. Includes Labor Tractor w/Blower Hourly $155/Hr. Includes Labor
Bagged Salt Per 50# Bag $40/Bag + Labor
Bulk Sand Per 50#’s (5 Gallon Pail) $30/Pail + Labor
Snow Dump Fee $30/Load + Trucking Cost
4. Except as provided for above, the terms and provisions of the Agreement shall remain in
full force and effect.
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2
5. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment, or the transactions contemplated hereby shall be governed by, and
construed in accordance with, the internal laws of the State of Minnesota, without regard
to the laws of any other jurisdiction that might be applied because of the conflict of laws principles of the State of Minnesota. 6. This First Amendment may be executed in two or more counterparts, all of which shall be
considered one and the same instrument and shall become effective when one or more
counterparts have been signed by the parties and delivered to the other parties. 7. This First Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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CITY OF HASTINGS
By: ______________________________ Mary Fasbender, Mayor
By: _______________________________
Kelly Murtaugh, City Clerk Date: _____________________________
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4
PRECISION LANDSCAPING & CONSTRUCTION, INC.
By: __________________________________ Josh Fox, Chief Executive Officer
Date: _________________________________
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1
AGREEMENT FOR SERVICES
THIS AGREEMENT (“Agreement”) is made and executed this 1st day of August, 2022, by and
between the City of Hastings, 101 4th Street East, Hastings, Minnesota, 55033 (“City”) and Precision Landscaping & Construction, Inc., 14923 Jacob Avenue, Hastings, Minnesota, 55033 (“Contractor”).
WHEREAS, the City has accepted the proposal of the Contractor for certain Services; and
WHEREAS, Contractor desires to perform the Services for the City under the terms and conditions set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual consideration contained herein, it is hereby
agreed as follows: 1. SERVICES.
a. City agrees to engage Contractor as an independent contractor for the purpose of
performing certain Services (“Services”), as defined in the following documents: i. An abatement services proposal, incorporated herein as Exhibit 1;
ii. Addendum to abatement services proposal, dated July 15, 2022,
incorporated herein as Exhibit 2. (Hereinafter “Exhibits.”)
iii. Where the terms and conditions of this Agreement and those terms and
conditions included in the Exhibits specifically conflict, the terms of this Agreement shall apply. b. Contractor covenants and agrees to provide Services to the satisfaction of the City
in a timely fashion, as set forth in the Exhibits, subject to Section 9 of this
Agreement. c. Contractor agrees to comply with all federal, state, and local laws and ordinances applicable to the Services to be performed under this Agreement, including all
safety standards. The Contractor shall be solely and completely responsible for
conditions of the job site, including the safety of all persons and property during the performance of the Services. The Contractor represents and warrants that it has the requisite training, skills, and experience necessary to provide the Services and is appropriately licensed and has obtained all permits from all applicable
agencies and governmental entities.
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2
2. PAYMENT.
a. City agrees to pay and Contractor agrees to receive and accept payment for
Services as set forth in the Exhibits. b. Any changes in the scope of the work of the Services that may result in an increase to the compensation due the Contractor shall require prior written
approval by the authorized representative of the City or by the City Council. The
City will not pay additional compensation for Services that do not have prior written authorization or comply with the terms of the Exhibits. c. Contractor shall submit an invoice to the City in accordance with the requirements
outlined in the Exhibits. Invoices submitted shall be paid by the City in the
manner specified in the Exhibits. 3. TERM. The term of this Agreement shall commence on the date written in the initial paragraph of this Agreement to October 31, 2023, unless terminated prior to that date
pursuant to Section 5. This Agreement may be extended upon the written mutual consent
of the parties for such additional periods as they deem appropriate, and upon the same terms and conditions as herein stated. 4. BONDS. If the Services provided by Contractor as set forth in the Exhibits and this
Agreement exceeds $100,000, Contractor shall furnish performance and payments bonds
covering faithful performance of all the Contractor’s obligations, including without limitation warranty obligations, and of all payment of obligations arising under this Agreement. The bonds shall each be issued in an amount equal to 100% of the stipulated sum identified in Section 2 of this Agreement.
5. TERMINATION AND REMEDIES. a. Termination for Convenience. This Agreement may be terminated by either party upon 30 days’ written notice delivered to the other party at the addresses listed in
Section 15 of this Agreement. Upon termination under this provision, if there is
no default by the Contractor, Contractor shall be paid for Services rendered and any reimbursable expenses through the effective date of termination. b. Termination Due to Default. This Agreement may be terminated by either party
upon written notice in the event of substantial failure by the other party to perform in
accordance with the terms of this Agreement. The non-performing party shall have fifteen (15) calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable to the other party.
c. Remedies. Notwithstanding the above, the Contractor shall not be relieved of
liability to the City for damages sustained by the City as a result of any breach of this Agreement by the Contractor. In such an event, the City may:
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3
i. Withhold payments due to the Contractor for the purpose of set-off until
such time as the exact amount of damages due to the City is determined.
ii. Perform the Services, in which case, the Contractor shall within 30 days after written billing by the City, reimburse the City for any costs and expenses incurred by the City.
The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute.
d. Upon termination of this Agreement, the Contractor shall furnish to the City
copies or duplicate originals of all documents or memoranda prepared for the City not previously furnished. 6. SUBCONTRACTORS. Contractor shall not enter into subcontracts for any of the
Services provided for in this Agreement without the express written consent of the City,
unless specifically provided for in the Exhibits. The Contractor shall pay any subcontractor involved in the performance of this Agreement within the ten (10) days of the Contractor’s receipt of payment by the City for undisputed services provided by the subcontractor.
7. STANDARD OF CARE. In performing its Services, Contractor will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the Services are provided.
8. INSPECTION OF WORK. All materials and workmanship will be subject to inspection,
examination, and testing by the City, who will have the right to reject defective material and workmanship or require its correction. 9. DELAY IN PERFORMANCE. Neither City nor Contractor shall be considered in default
of this Agreement for delays in performance caused by circumstances beyond the reasonable
control of the nonperforming party. For purposes of this Agreement, such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war, riots, and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage; judicial restraint; and inability to procure permits,
licenses or authorizations from any local, state, or federal agency for any of the supplies,
materials, accesses, or services required to be provided by either City or Contractor under this Agreement. If such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made
to resume performance of this Agreement. Contractor will be entitled to payment for its
reasonable additional charges, if any, due to the delay.
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4
10. CITY’S REPRESENTATIVE. The City has designated Dan Wietecha to act as the City’s representative with respect to the Services to be performed under this Agreement. He, or
his authorized designee, shall have complete authority to transmit instructions, receive
information, interpret, and define the City’s policy and decisions with respect to the Services covered by this Agreement. 11. PROJECT MANAGER AND STAFFING. The Contractor has designated Josh Fox and
Joby Nolan to be the primary contacts for the City in the performance of the Services.
They shall be assisted by other staff members as necessary to facilitate the completion of the Services in accordance with the terms established herein. Contractor may not remove or replace these designated staff without the approval of the City.
12. INDEMNIFICATION.
a. Contractor and City each agree to defend, indemnify, and hold harmless each other, its agents and employees, from and against legal liability for all claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are
caused by its negligent acts, errors, or omissions. In the event claims, losses,
damages, or expenses are caused by the joint or concurrent negligence of Contractor and City, they shall be borne by each party in proportion to its own negligence. b. Contractor shall indemnify City against legal liability for damages arising out of
claims by Contractor’s employees or subcontractors, including all liens. City shall
indemnify Contractor against legal liability for damages arising out of claims by City’s employees or subcontractors. 13. INSURANCE. During the performance of the Services under this Agreement, Contractor
shall maintain the following insurance:
a. Commercial General Liability Insurance, with a limit of $1,500,000 for any number of claims arising out of a single occurrence, pursuant to Minnesota Statutes, Section 466.04, or as may be amended;
b. Workers’ Compensation Insurance in accordance with statutory requirements. c. Automobile Liability Insurance, with a combined single limit of $1,000,000 for each person and $1,000,000 for each accident.
Contractor shall furnish the City with certificates of insurance, which shall include a provision that such insurance shall not be canceled without written notice to the City. The City shall be named as an additional insured on the Commercial General Liability Insurance policy.
14. WARRANTIES. Contractor warrants and guarantees that title to all work, materials, and equipment covered by any invoice, will pass to City no later than the Completion Date.
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5
Contractor warrants that all work will be free from defects and that all materials will be new and of first quality. If within one (1) year after final payment any work or material is
found to be defective, Contractor shall promptly, without cost to the City, correct such
defect.
15. NOTICES. Notices shall be communicated to the following addresses: If to City: City of Hastings
101 4th Street East
Hastings, MN 55033 Attention: City Administrator Or e-mailed: dwietecha@hastingsmn.gov
If to Contractor: Precision Landscaping & Construction, Inc., 14923 Jacob Avenue Hastings, MN 55033
Or emailed: josh@precisionlandscaping-inc.com
16. INDEPENDENT CONTRACTOR STATUS. All services provided by Contractor, its officers, agents and employees pursuant to this Agreement shall be provided as employees of Contractor or as independent contractors of Contractor and not as
employees of the City for any purpose.
17. RESPONSIBLE CONTRACTOR. a. In accordance with Minnesota Statutes, Section 16C.285, Contractor is hereby
advised that the City cannot award a construction contract in excess of $50,000
unless Contractor is a “responsible contractor” as defined in Minnesota Statutes, Section 16C.285, subdivision 3. Contractor must complete a Responsible Contractor Certificate verifying compliance with the minimum criteria specified in Minnesota Statutes, Section 16C.285, subdivision 3, to be eligible to provide
the Services outlined in this Agreement. A Responsible Contractor Certificate
must be signed under oath by an owner or officer of Contractor. Contractor is responsible for obtaining the required verifications of compliance with Minnesota Statute, Section 16C.285, subdivision 3 from all subcontractors, using a form provided by the City. Contractor must submit signed verifications from
subcontractors upon the City’s request.
b. Contractor or subcontractor who does not meet the minimum criteria established in Minnesota Statutes, Section 16C.285, subdivision 3, or who fails to verify compliance with the minimum requirements of this statute, will not be considered
a “responsible contractor” and will be ineligible to provide the Services under this
Agreement or otherwise work on the project in any capacity. Contractor and any subcontractor are advised that making any false statements verifying compliance
VIII-08
6
with Minnesota Statutes, Section 16C.285 will render the Contractor or subcontractor ineligible to perform the Services of this Agreement and may result
in termination of this Agreement by the City.
c. Contractor shall not sublet, sell, transfer, delegate or assign the Services or any portion of the Services of this Agreement without abiding by the applicable provisions of the Minnesota Department of Transportation Standard
Specifications for Construction, Section 1801.
18. GENERAL PROVISIONS. a. Assignment. This Agreement is not assignable without the mutual written
agreement of the parties.
b. Waiver. A waiver by either City or Contractor of any breach of this Agreement shall be in writing. Such a waiver shall not affect the waiving party’s rights with respect to any other or further breach.
c. Nondiscrimination. Contractor agrees that in the hiring of employees to perform Services under this Agreement, Contractor shall not discriminate against any person by reason of any characteristic protected by state or federal law.
d. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Minnesota and any action must be venued in Dakota County District Court. e. Amendments. Any modification or amendment to this Agreement shall require a
written agreement signed by both parties.
f. Severability. If any term of this Agreement is found be void or invalid, such invalidity shall not affect the remaining terms of this Agreement, which shall continue in full force and effect.
g. Data Practices Compliance. All data collected by the City pursuant to this Agreement shall be subject to the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13.
h. Entire Agreement. This Agreement constitutes the entire agreement of the parties
and supersedes all prior communications, understandings and agreements relating to the subject matter hereof, whether oral or written.
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PRECISION LANDSCAPING & CONSTRUCTION, INC.
By: Josh Fox, Chief Executive Officer
Date:
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Exhibit 2 VIII-08
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: October 16, 2023
Item: Authorize Signature – Encroachment Agreement – Miller – 751 Bohlken Drive
Council Action Requested:
Authorize signature of the attached Encroach Agreement to allow construction of
a pool within a drainage and utility easement on property owned by Brian and
Jennifer Miller located at 751 Bohlken Drive. A simple Council majority is
necessary for action.
Background Information:
The subject property is encumbered by a large drainage and utility easement
across the backyard prohibiting construction of the proposed pool. City Staff has
reviewed the proposed use and supports construction of the pool within the
easement. The License to Encroach would allow for the proposed use only, and
would prohibit any future encroachments within the easement. It would also hold
the City harmless from any future claims and demands for use of that portion of
the easement.
The City Council approved a similar encroachment agreement in 2019 for 743
Bohlken Drive.
Financial Impact:
Issuance of the license will allow for a property improvement and increase in
valuation.
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
• Location Map
• License to Encroach
VIII-09
LOCATION MAP
VIII-09
1
ENCROACHMENT AGREEMENT RELATING TO LANDOWNER POOL
AND RELATED IMPROVEMENTS ON A PORTION OF 751 BOHLKEN
DRIVE IN THE CITY OF HASTINGS, DAKOTA COUNTY, MINNESOTA
THIS AGREEMENT (“Agreement”) is made, entered into and effective this _____ day
of ______ , 2023 by and between the City of Hastings, a Minnesota municipal
corporation, and Brian J. Miller and Jennifer M. Miller, husband and wife.
Subject to the terms and conditions hereafter stated and based on the representations, warranties,
covenants, agreements and recitals of the parties, the parties do hereby agree as follows:
ARTICLE 1
DEFINITIONS
1.1 Terms. The following terms, unless elsewhere specifically defined herein, shall
have the following meanings as set forth below.
1.2 City. “City” means the City of Hastings, a Minnesota municipal corporation.
1.3 Landowner. “Landowner” means Brian J. Miller and Jennifer M. Miller, their
successors and assigns in interest with respect to the Encroachment Property.
1.4 City Easement. “City Easement” means the City’s drainage and utility easement
located on the Encroachment Property.
1.5 Encroachment Property. “Encroachment Property” means the following real
property owned by Landowner and located in the City of Hastings, Dakota County, Minnesota:
VIII-09
2
Lot Thirteen (13), Block One (1), South Oaks of Hastings 2nd Addition according to the
recorded plat thereof, Dakota County, Minnesota.
PID #:19.71026.01.130
(Torrens No. 169056)
1.6 Landowner Improvements. “Landowner Improvements” means Landowner’s
pool and related improvements on a portion of the Encroachment Property, as depicted on Exhibit
A, attached hereto and incorporated herein.
1.7 Utility Costs. “Utility Costs” means all costs incurred by the City, (whether
performed by the City or its agents or contractors), for the inspection of and access to and repair,
maintenance and replacement of the City’s Easement and the placement of additional
improvements in the City Easement. Utility Costs, include, without limitation: excavation costs,
labor costs, costs of removing fill, costs of re-burying any improvements, re-compacting the soils
over the City Easement, restoring the City Easement area, and all engineering and attorneys’ fees
incurred in connection therewith. Utility Costs also include the costs of temporarily removing the
Landowner Improvements and subsequently replacing the Landowner Improvements in the City
Easement, if such costs have not already been paid by the Landowner.
1.8 Pre-Encroachment Costs. “Pre-Encroachment Costs” means a reasonable
estimate by the City of the costs the City would have incurred for Utility Costs if the Landowner
Improvements did not exist.
1.9 Cost Differential. “Cost Differential” means the difference between the Pre-
Encroachment Costs and the Utility Costs in light of the existence of the Landowner
Improvements. The City’s determination of the amount of the Cost Differential shall be binding
on the Landowner. The City’s determination shall be appropriately supported by cost estimates
obtained from independent contractors or engineers.
ARTICLE 2
RECITALS
2.1 Landowner owns the Encroachment Property.
2.2 The Encroachment Property has been developed with Landowner Improvements.
2.3 The City Easement lies within the Encroachment Property.
2.4 The City has established written policies prohibiting certain private encroachments
and improvements within drainage and utility easements within the City.
2.5 Landowner has located the Landowner Improvements within the City Easement.
2.6 Subject to the terms of this Agreement, the City is willing to allow the Landowner
Improvements to remain within the City Easement if the following conditions are met:
VIII-09
3
(a) The Landowner maintains the Landowner Improvements.
(b) The Landowner agrees to pay the City any Cost Differential relating to inspections,
access, repair, maintenance and replacement of City Easement and the placement
of any additional improvements by Landowner in the City Easement.
(c) The Landowner agrees to temporarily remove the Landowner Improvements in the
event the City has need to access the area where the Landowner Improvements exist
in order for the City to inspect, repair, maintain, and replace the City Easement or
construct additional improvements in the City Easement.
ARTICLE 3
AGREEMENTS
3.1 Maintenance of Landowner Improvements. Under the terms and conditions
stated herein, the City authorizes the Landowner Improvements to remain in the City Easement
pursuant to Exhibit A. Landowner shall not expand Landowner Improvements further into the City
Easement.
Landowner shall not place any other structures, retaining walls, irrigation systems,
buildings, fences, landscaping, trees or shrubs in the City Easement, except for the Landowner
Improvements, without the City’s written consent.
Landowner, at its own expense, shall maintain and repair the Landowner Improvements.
3.2 City Not Responsible for Landowner Improvements. Nothing contained herein
shall be deemed an assumption by the City of any responsibility for construction, maintenance,
replacement or repair of the Landowner Improvements.
3.3 Continuing Right to City Easement. Nothing contained herein shall be deemed
a waiver or abandonment or transfer of the right, title and interest that the City holds to the City
Easement.
3.4 Subordinate Position of Landowner Improvements. The Landowner
Improvements are subordinate to the rights of the City in the City Easement.
3.5 Risk of Loss. Landowner understands and agrees that the Landowner
Improvements within the City Easement may be adversely affected by damage caused to
Landowner Improvements arising out of the City’s use of the City Easement, natural events, or by
cause of third parties. The parties agree that the City is not responsible for such events; the City
shall have no liability to Landowner for such events.
3.6 Landowner to Bear Cost of Relocating Landowner Improvements. The City is
responsible for any necessary repair and maintenance of the City Easement for drainage purposes.
VIII-09
4
The City may require the Landowner at the expense of the Landowner to temporarily
remove and subsequently replace the Landowner Improvements in the City Easement in order for
the City to gain access to the City Easement for the purpose of inspecting, repairing, maintaining,
or replacing the City Easement or adding future improvements.
If the Landowner does not perform such tasks, the City may perform such tasks and in such
case the Landowner shall reimburse the City for the City’s costs and expenses. Prior to
commencing such tasks, the City shall send a notice to the Landowner and allow the Landowner
twenty (20) days from the date of the written notice to perform the tasks. If the Landowner has
not completed the work within the twenty (20) days, then the City may proceed to perform the
tasks. Once the City’s costs and expenses have been determined by the City, the City shall send
an invoice for such costs and expenses to the Landowner. The Landowner must pay the invoice
within thirty (30) days after the date of the invoice. Such costs and expenses include, but are not
limited to, costs charged the City by third parties such as contractors as well as the costs for City
personnel that may have performed the work. Bills not paid shall incur the standard penalty and
interest established by the City for utility billings within the City.
3.7 Emergency. Notwithstanding the requirements contained in Sections 3.6 relating
to a twenty (20) day written notice to the Landowner to perform its obligations under Sections 3.6,
the City shall not be required to give such notice if the City’s Public Works Department determines
that an emergency exists. In such instance, the City, without giving notice to the Landowner may
perform the work and in such case the Landowner shall reimburse the City for the costs and
expenses relating to the work. Once the City’s costs and expenses have been determined by the
City, the City shall send an invoice for such costs and expenses to the Landowner. The Landowner
must pay the invoice within thirty (30) days after the date of the invoice. Such costs and expenses
include, but are not limited to, costs charged the City by third parties such as contractors as well
as the costs for City personnel that may have performed the work. Bills not paid shall incur the
standard penalty and interest established by the City for utility bills within the City.
3.8 Cost Deferential. If a Cost Deferential occurs relating to the access to or
inspection, maintenance, repair or replacement of the City Easement or relating to construction of
new improvements in the future, then the Landowner shall pay the Cost Deferential to the City.
The Landowner must make payment for the Cost Deferential within thirty (30) days after the City
has sent a written invoice for the Cost Deferential to the Landowner.
3.9 Remedies. If the Landowner fails to perform its obligations under this Agreement,
then the City may avail itself of any remedy afforded by law or in equity and any of the following
non-exclusive remedies:
(a) The City may specifically enforce this Agreement.
(b) If Landowner fails to make payments under Section 3.6, 3.7 or 3.8, then the City
may certify to Dakota County the amounts due as payable with the real estate taxes
for the Encroachment Property in the next calendar year; such certifications may
be made under Minnesota Statutes, Chapter 444 in a manner similar to certifications
for unpaid utility bills. The charges shall be evenly allocated among the
VIII-09
5
Encroachment Property. The Landowner waives any and all procedural and
substantive objections to the imposition of such usual and customary charges on
the Encroachment Property.
Further, as an alternate means of collection, if the written billing is not paid by the
Landowner, the City, without notice and without hearing, may specially assess the
Encroachment Property for the costs and expenses incurred by the City. The
Landowner hereby waives any and all procedural and substantive objections to
special assessments for the costs including, but not limited to, notice and hearing
requirements and any claims that the charges or special assessments exceed the
benefit to the Encroachment Property. The Landowner waives any appeal rights
otherwise available pursuant to Minnesota Statute § 429.081. The Landowner
acknowledges that the benefit from the performance of tasks by the City equals or
exceeds the amount of the charges and assessments for the costs that are being
imposed hereunder upon the Encroachment Property.
No remedy herein conferred upon or reserved to the City shall be exclusive of any
other available remedy or remedies, but each and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this
Agreement or now or hereafter existing at law or in equity or by statute. No delay
or omission to exercise any right or power accruing upon any default shall impair
any such right or power or shall be construed to be a waiver thereof, but any such
right and power may be exercised from time to time and as often as may be deemed
expedient.
3.10 Indemnification. The Landowner shall indemnify, defend and hold the City, its
council, agents, consultants, attorneys, employees and representatives harmless against and in
respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses,
obligations, liabilities, damages, recoveries, and deficiencies including interest, penalties and
attorneys’ fees, that the City incurs or suffers, which arise out of, result from or relate to any of the
following:
(a) The Landowner Improvements;
(b) Maintenance of the Landowners Improvements;
(c) Failure by the Landowner to observe or perform any covenant, condition, obligation
or agreement on their part to be observed or performed under this Agreement; and
(d) Use of the City Easement for Landowner Improvements.
3.11 City Duties. Nothing contained in this Agreement shall be considered an
affirmative duty upon the City to perform the Landowner’s obligations contained in Article 3 if
the Landowner does not perform such obligations.
VIII-09
6
3.12 No Third Party Recourse. Third parties shall have no recourse against the City
under this Agreement.
3.13 Recording. The Landowner shall record this Agreement with the Dakota County
Recorder against the Encroachment Property and within thirty (30) days after the date of this
Agreement, the Landowner shall present evidence to the City that this Agreement has been
recorded.
3.14 Binding Agreement. The parties mutually recognize and agree that all terms and
conditions of this recordable Agreement shall run with the Encroachment Property and shall be
binding upon the heirs, successors, administrators and assigns of the parties. The obligations of
the Landowner contained in this Agreement are joint and several.
3.15 Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement and performance of any obligations by the other or waive
the fulfillment of any condition that is precedent to the performance by the party so waiving of any
of its obligations under this Agreement. Any agreement on the part of any party for any such
amendment, extension or waiver must be in writing. No waiver of any of the provisions of this
Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or not
similar, nor shall any waiver constitute a continuing waiver.
3.16 Governing Law. This Agreement shall be governed by and construed in accord
with the laws of the State of Minnesota.
3.17 Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original, but all of which shall constitute one and the same
instrument.
3.18 Headings. The subject headings of the sections this Agreement are included for
purposes of convenience only, and shall not affect the construction of interpretation of any of its
provisions.
3.19 Notice. Notice shall mean notices given by one party to the other if in writing and if
and when delivered or tendered either in person or by depositing it in the United States mail in a
sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid,
addressed as follows:
If to City: City of Hastings
Attention: City Administrator
101 4th Street
Hastings, MN 55033
VIII-09
7
If to Owner: Brian R. Miller
Jennifer M. Miller
751 Bohlken Drive
Hastings, MN 55033
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of service
if served personally on the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
[The remainder of this page has been intentionally left blank.]
VIII-09
8
IN WITNESS WHEREOF, the parties have executed this Agreement the year and day
first set forth above.
CITY OF HASTINGS
By: ____________________________________
Mary Fasbender, Mayor
ATTEST:
By: _____________________________________
Kelly Murtaugh, City Clerk
STATE OF MINNESOTA )
)
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 that the instrument was signed in 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-09
9
LANDOWNER
By:
Brian R. Miller
By:
Jennifer M. Miller
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this _____ day of _____________________, 2023, before me a Notary Public within
and for said County, personally appeared Brian R. Miller and Jennifer M. Miller, husband and
wife.
Notary Public
THIS INSTRUMENT DRAFTED BY AND
AFTER RECORDING PLEASE RETURN TO:
Korine L. Land, #262432
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
(651) 451-1831
VIII-09
A-1
EXHIBIT A
CITY EASEMENT & ENCROACHMENT AREA
VIII-09
City Council Memorandum
To: Mayor Hoffman-Fasbender & City Councilmembers
From: Jeff Elliott, Arena Manager
Date: October 16, 2023
Item: Hastings Civic Arena Ice Rental Agreement – ISD 200
Council Action Requested: Approve the agreement between Hastings Civic
Arena and Independent School District 200 for ice rental season 2023-2024.
Background Information: ISD 200 utilizes the Hastings Civic Arena as their home
rink for all ice hockey seasons, and they are one of our major ice rental customers.
Trent Hanson the Hastings High School Athletic Director has asked for a formal
agreement between City and School with regard to ice rental at the Civic Arena.
Staff agree that an agreement is in order and will be a good tool for both City and
School to utilize and will set a baseline in understanding the responsibilities of each
party.
City staff have reviewed agreements between other cities and school districts, and
have utilized information gathered from those to craft the agreement being proposed.
Staff have also worked with the City Attorney to ensure language is appropriate and
the terms of the agreement are reasonable and acceptable from the City’s
perspective. Staff provided the School Athletic Director with a draft copy, and no
revisions were proposed.
Financial Impact: The City will charge ISD 200 ice rental rates according to fee
schedule, and ISD 200 will pay the charges as noted in the agreement. Revenue
for the City will remain as projected within the annual budget.
Advisory Commission Discussion: None
Council Committee Discussion: None
Attachments:
• 2023-2024 Ice Rental Agreement
• 2023-2024 ISD 200 Hours Report
VIII-10
ICE RENTAL AGREEMENT
CONTRACT FOR: Ice Time Rental between Independent School District 200 and the
City of Hastings.
Contract Period: October 30,2023- March 1, 2024, unless terminated earlier by law or as
provided herein.
THIS CONTRACT is made and entered into by and between Independent School District
200, a body corporate and politic existing under the laws of the State of Minnesota
(hereinafter referred to as “the District“), and the City of Hastings, a Minnesota
municipal corporation (hereinafter referred to as the “Contractor”).
WHEREAS, the District desires to purchase ice time from the Contractor; and
WHEREAS, the Contractor owns and operates an indoor ice arena located at 2801
Redwing Blvd, Hastings, MN 55033 (hereinafter referred to as the “Arena”).
NOW, THEREFORE, in consideration of the premises and in further
consideration of the mutual agreement contained herein, as well as the financial
consideration hereinafter referred to, the parties hereto have contracted and agreed as
follows:
1. The Contractor shall deliver to the District the ice rental at the Arena as specifically
described in Attachment A, and detailed in the attached rental schedule which is
attached hereto and made a part hereof.
2. The District shall pay the Contractor for services satisfactorily performed or product
satisfactorily delivered, if any, in the amount of $84,246.90 plus additional amounts
as described in Attachment A, which shall be invoiced by the Contractor at the end of
each month’s use and paid by the District within 30 days of the invoice date.
3. This Contract is the complete and exclusive statement of the terms agreed upon and
shall supersede all prior negotiations, understandings or agreements. Any alterations,
variations, modifications or waivers of this Contract shall only be valid when they are
agreed to in writing and signed by authorized representatives of the District and the
Contractor. Either party may cancel this Contract for cause upon 30 days written
notice to the other party and the Contractor reserves the right to reschedule dates and
times of ice time as reasonably deemed necessary by the Contractor.
4. Minnesota law shall be use to construe and interpret this Contract, without giving
effect to the principles of conflict of laws. All proceedings related to this Contract
shall be venued in Dakota County and the State of Minnesota.
5. All of the data created, collected, received, stored, used, maintained, or disseminated
by the District and the Contractor in the performance of this Contract is subject to the
VIII-10
requirements of the Minnesota Government Data Practices Act, Minnesota Statutes,
Chapter 13, the Family Educational Rights and Privacy Act (FERPA), 20 USC §§
1232g and rules and regulations promulgated under these laws. Under Minn. Stat.
§16C.05, Subd. 5, the District’s and the Contractor’s books, records, documents, and
accounting procedures and practices relative to this Contract are subject to
examination by the State of Minnesota and/or the Minnesota State Auditor or
Legislative Auditor, as appropriate for a total of six years.
6. The Contractor and the District shall each be responsible for the acts of their
respective officers, employees and agents, and not the acts of the other party’s
officers, employees or agents. Under no circumstances, however, shall a party be
required to pay on behalf of itself and the other party, any amounts in excess of the
limits on liability established in Minnesota Statutes Chapter 466 applicable to any one
party. The limits of liability for the parties may not be added together to determine the
maximum amount of liability for any party. It is the intention of the parties that the
Contractor is and shall be considered an independent contractor. The Contractor and
the District agree to keep in effect policies of commercial general liability insurance
to insure against liabilities up to $1,000,000 for each claimant and $1,000,000 for
each single occurrence. The Contractor and the District agree to comply with all
applicable workers’ compensation laws in Minnesota.
7. Neither party shall assign this Contract or any of the rights, duties or payments arising
under this Contract to any third party without the written consent of the other.
8. All notices required under this Contract must be in writing and provided to the
designated contact person for the other party. The parties shall keep each other
informed in writing of any change in the designated contact person. At the time of the
execution of this Contract, the following persons are the designated contacts:
District Contact Contractor Contact
Trent Hanson Jeff Elliott
Athletic Director Civic Arena Manager
200 General Sieben Dr. West City of Hastings
Hastings, MN 55033 920 West 10th Street
(651) 480-0332 Hastings, MN 55033
(651) 480-6195
9. If any portion of this Contract is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and conditions shall not be affected and
the rights and obligations of the parties under this Contract shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid.
10. The District, its officers, agents, employees and invitees shall follow all non-
discriminatory rules and regulations, imposed by the Contractor for users of the
facility.
VIII-10
IN WITNESS WHEREOF, the undersigned parties hereby acknowledge that they
have read and understand the contract documents and have executed this Contract on the
dates recorded below.
INDEPENDENT SCHOOL DISTRICT 200
Date:___________________________ ____________________________________
Authorized Signature
____________________________________
Print or Type Name of Signatory
____________________________________
Director of Finance/Superintendent
____________________________________
Organization
CONTRACTOR
Dated: CITY OF HASTINGS,
A Minnesota Municipal Corporation
By:_________________________________
Mary Fasbender, Its Mayor
(SEAL)
By:_________________________________
City Clerk
VIII-10
ATTACHMENT A
1. The ice rental dates shall begin October 30, 2023 and run through March 1, 2024.
2. Schedule of reserved dates and times is defined as:
a. Per attached customer schedule and as agreed upon by school athletic director.
3. Ice rental rates for the contract term are set at $215.00/ice hour.
Total value of ice time at time of contract - $81,031.69
a. High School locker room usage fee $12.01/ice hour.
4. Contractor is responsible for cleaning up the rental area to its pre-event condition at
the end of each rental and contractor shall provide an on-duty manager and ice
maintenance personnel, the game announcer, score keeper and ticket personnel and
charge the district $225.00 per game.
5. The District (each high school) will receive all ticket sales revenue.
6. The District (each high school) will provide a mutually agreed upon number of crowd
control staff.
7. The District (each high school) will provide event referees and off-ice officials.
VIII-10
Mar 21, 2023
Jeff Elliott
R575
Hastings High School (Tax Exempt)
Trent Hanson
Hastings, MN 55033
200 General Sieben Drive N/A
Hastings Civic Arena
Approved
$20,987.40
12/29/2023 12:00:00 AM
$20,987.40
Event List Event Facility / Equipment / Instructor Center
HS Boys Civic Arena West Rink Hastings Civic Arena
HS Boys Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Civic Arena West Rink Hastings Civic Arena
HS Girls Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Game Civic Arena McGree East Rink Hastings Civic Arena
Mar 21, 2023
Jeff Elliott
R576
Hastings High School (Tax Exempt)
Trent Hanson
Hastings, MN 55033
200 General Sieben Drive N/A
Hastings Civic Arena
Approved
$20,673.09
1/31/2024 12:00:00 AM
$20,673.09
Event List Event Facility / Equipment / Instructor Center
HS Boys Civic Arena West Rink Hastings Civic Arena
HS Boys Civic Arena McGree East Rink Hastings Civic Arena
HS Boys Game Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Civic Arena West Rink Hastings Civic Arena
HS Girls Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Game Civic Arena McGree East Rink Hastings Civic Arena
Mar 21, 2023
Jeff Elliott
R577
Hastings High School (Tax Exempt)
Trent Hanson
Hastings, MN 55033
200 General Sieben Drive N/A
Hastings Civic Arena
Approved
$27,006.35
2/29/2024 12:00:00 AM
$27,006.35
Event List Event Facility / Equipment / Instructor Center
HS Boys Civic Arena West Rink Hastings Civic Arena
HS Boys Civic Arena McGree East Rink Hastings Civic Arena
HS Boys Game Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Civic Arena West Rink Hastings Civic Arena
HS Girls Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Game Civic Arena West Rink Hastings Civic Arena
HS Girls Game Civic Arena McGree East Rink Hastings Civic Arena
Mar 21, 2023
Jeff Elliott
R578
Hastings High School (Tax Exempt)
Trent Hanson
Hastings, MN 55033
200 General Sieben Drive N/A
Hastings Civic Arena
Approved
$12,364.85
3/29/2024 12:00:00 AM
$12,364.85
Event List Event Facility / Equipment / Instructor Center
HS Boys Civic Arena West Rink Hastings Civic Arena
Permit Master Report Oct 9, 2023
8:46 AM
Agent / Organization /
PhonePermit #
Page 1 of 2
Balance Due
Expiration Date /
Status / SiteAddress Permit Notes
Permit #: From 575 through 578
Total Charges
VIII-10
HS Boys Civic Arena McGree East Rink Hastings Civic Arena
HS Boys Game Civic Arena McGree East Rink Hastings Civic Arena
HS Girls Civic Arena West Rink Hastings Civic Arena
HS Girls Civic Arena McGree East Rink Hastings Civic Arena
RS II
$81031.69Grand Total:Total # of Permits:4 $81031.69
W = Work Phone H = Home Phone
Permit Master Report Oct 9, 2023
8:46 AM
Agent / Organization /
PhonePermit #
Page 2 of 2
Balance Due
Expiration Date /
Status / SiteAddress Permit Notes
Permit #: From 575 through 578
Total Charges
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 16, 2023
Item:
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
MnDOT Limited Use Permits
Council Action Requested: Adopt Resolution approving updated Limited Use
Permits for all nonmotorized trails within the right of way of Trunk Highway No. 61
and Trunk Highway No. 55
Background Information: The City has existing Limited Use Permits (LUP) for
multiple trail segments with the right of way of Hwy 61 and Hwy 55. MnDOT
and federal requirements for LUP’s have changed. These updated LUP's
consolidates all of the LUP’s within the Hwy 61 and Hwy 55 ROW and provides
necessary a language updates to ensure compliance with current laws and
requirements.
Consolidating and updating these LUP's will ease future renewals for both State
and City staff, and keeps record keeping more succinct.
Financial Impact: None
Attachments:
▪Hwy 61 Updated & Consolidated Limited Use Permit
▪Hwy 61Resolution
▪Hwy 55 Updated & Consolidated Limited Use Permit
▪Hwy 55 Resolution
VIII-11
LUP – Standardized LUP Form Page 1 of 6 LU1001 10/3/2023
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 1913 (T.H. 61)
County of Dakota
LUP # 1913-0119
Permittee: City of Hastings
Expiration Date: 05/19/2033
Coop./Const. Agmt #N/A
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City
of Hastings, (“Permittee”), to use the area within the right of way of Trunk Highway No. 61 as shown
in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited
Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached
hereto as Exhibit B.
Non-Motorized Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal-Aid Policy Guide.
The permittee agrees that this permit totally replaces and supersedes the previously issued Limited
Use permits affecting the Area, specifically: Permit, #1913-013, was issued on January 29, 2004 on
CS 1913 (TH 61) and #1913-0061, was issued on January 25, 2010. Upon issuance of this permit
the earlier issued permits are cancelled.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 05/19/2033 (“Expiration Date”) subject to the
right of cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90)
days written notice of such cancellation. This LUP will not be renewed except as provided
below.
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LUP – Standardized LUP Form Page 2 of 6 LU1001 10/3/2023
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOT’s sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee’s use of the Facility and Area for the
additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
VIII-11
LUP – Standardized LUP Form Page 3 of 6 LU1001 10/3/2023
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities
VIII-11
LUP – Standardized LUP Form Page 4 of 6 LU1001 10/3/2023
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT’s invoice.
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the State’s right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
VIII-11
LUP – Standardized LUP Form Page 5 of 6 LU1001 10/3/2023
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
Mayor
City of Hastings
101 4th Street
Hastings, MN 55033
and to MnDOT at:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota
Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner
of Transportation and employees and any successors and assigns of the foregoing, from and
against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is
caused solely by the negligence of State of Minnesota, but including those instances where the
State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or
control the operations of Permittee or otherwise discover or prevent actions or operations of
Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
VIII-11
LUP – Standardized LUP Form Page 6 of 6 LU1001 10/3/2023
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF HASTINGS
By_________________________________
Its Mayor
And________________________________
Its City Clerk
By:______________________________
District Engineer
Date_____________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:______________________________
Director, Office of Land Management
Date____________________________
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
VIII-11
VIII-11
770 775 780 785 790 795 800 805
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780.03
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GENERAL NOTES:1. TRAIL RUNNING SLOPE SHALL NOTEXCEED 5.0% UNLESS OTHERWISESHOWN ON PLANS.2. TRAIL TARGET CROSS SLOPE SHALL NOTEXCEED 2.0%.3. CONTRACTOR SHALL BE RESPONSIBLEFOR CORRECTING ALL NON-COMPLIANTRUNNING AND CROSS SLOPES.
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777.9777.9777.8777.7779.5780.5
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780.4
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786.2
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787.8
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784.8
777.92777.94777.63777.88779.59780.33
780.20
780.00
779.81
779.88
780.93
783.23
785.75
787.21
787.76
787.81
786.71
785.59
784.46
58+5059+0060+0061+00
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0.04%-2.40%0.90%PVI STA=59+36.33EL=777.96PVI STA=59+61.59EL=777.35PVI STA=59+92.78EL=777.63PVI STA=60+65.57EL=780.13PVI STA=61+07.45EL=780.37
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Exhibit B City Resolution Page 1 of 2 LU1016 10/3/2023
EXHIBIT B
CITY OF HASTINGS
Dakota Count, Minnesota
Resolution No. 10- -23
RESOLUTION TO ENTER INTO AND EXECUTE A LIMTED USE PERMIT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF
MAINTAINING AND OPERATING A NONMOTORIZED TRAILS WITHIN THE
RIGHT-OF-WAY OF TH 61 IN CONTROL SECTION 1913
WHEREAS, the City of Hastings requests to work cooperatively with MnDOT to maintain and
operate a nonmotorized trail sections within the right of way of Trunk Highway 61; and,
WHEREAS, said non-motorized trail system provides City residents and visitors with a
transportation system that maximizes the health of people, the environment, and the economy in
accordance with the State of Minnesota’s Multi-modal Transportation plan; and
WHEREAS, the Minnesota Department of Transportation requires Limited Use Permits for
trails within their rights-of-way:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that the Mayor and the City Clerk are authorized to execute the
Limited Use Permit and its amendments, and that the City of Hastings enter into Limited Use
Permit No. 1913-0119 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for maintenance and use by the City of Hastings upon, along and adjacent to Trunk
Highway No. 61 and the limits of which are defined in said Limited Use Permit.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY
OF OCTOBER, 2023.
__________________________
Mary D. Fasbender, Mayor
_________________________
Kelly Murtaugh, City Clerk
VIII-11
LU1016 10/3/2023Page 2 of 2Exhibit B City Resolution
Subscribed and sworn to before me this
________ day of _________________, 2023
Notary Public ________________________
My Commission Expires _______________
C.S. 1913 (T.H. 61)
LUP # 1913-0119
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council of the City of Hastings, Minnesota at an authorized meeting held on the 16th day of
October,2023, as shown by the minutes of the meeting in my possession.
VIII-11
LUP – Standardized LUP Form Page 1 of 6 LU1001 10/3/2023
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORTATION
LIMITED USE PERMIT
C.S. 1910 (T.H. 55)
County of Dakota
LUP # 1910-0117
Permittee: City of Hastings
Expiration Date: 10/3/2023
Coop./Const. Agmt #__________
In accordance with Minnesota Statutes Section 161.434, the State of Minnesota, through its
Commissioner of Transportation, (“MnDOT”), hereby grants a Limited Use Permit (the “LUP”) to City
of Hastings, (“Permittee”), to use the area within the right of way of Trunk Highway No. 55 as shown
in red on Exhibit "A", (the “Area”) attached hereto and incorporated herein by reference. This Limited
Use Permit is executed by the Permittee pursuant to resolution, a certified copy of which is attached
hereto as Exhibit B.
Non-Motorized Trail
The Permittee's use of the Area is limited to only the constructing, maintaining and operating a
nonmotorized trail ("Facility") and the use thereof may be further limited by 23 C.F.R. 652 also
published as the Federal-Aid Policy Guide.
In addition, the following special provisions shall apply:
SPECIAL PROVISIONS
1. TERM. This LUP terminates at 11:59PM on 10/3/2023 (“Expiration Date”) subject to the right of
cancellation by MnDOT, with or without cause, by giving the Permittee ninety (90) days written
notice of such cancellation. This LUP will not be renewed except as provided below.
Provided this LUP has not expired or terminated, MnDOT may renew this LUP for a period of up
to ten (10) years, provided Permittee delivers to MnDOT, not later than ninety (90) days prior to
the Expiration Date, a written request to extend the term. Any extension of the LUP term will be
under the same terms and conditions in this LUP, provided:
VIII-11
LUP – Standardized LUP Form Page 2 of 6 LU1001 10/3/2023
(a) At the time of renewal, MnDOT will review the Facility and Area to ensure the Facility and
Area are compatible with the safe and efficient operation of the highway and the Facility
and Area are in good condition and repair. If, in MnDOT’s sole determination,
modifications and repairs to the Facility and Area are needed, Permittee will perform such
work as outlined in writing in an amendment of this LUP; and
(b) Permittee will provide to MnDOT a certified copy of the resolution from the applicable
governmental body authorizing the Permittee’s use of the Facility and Area for the
additional term.
If Permittee’s written request to extend the term is not timely given, the LUP will expire on the
Expiration Date.
Permittee hereby voluntarily releases and waives any and all claims and causes of action for
damages, costs, expenses, losses, fees and compensation arising from or related to any
cancellation or termination of this LUP by MnDOT. Permittee agrees that it will not make or
assert any claims for damages, costs, expenses, losses, fees and compensation based upon
the existence, cancellation or termination of the LUP. Permittee agrees not to sue or institute
any legal action against MnDOT based upon any of the claims released in this paragraph.
2. REMOVAL. Upon the Expiration Date or earlier termination, at the Permittee’s sole cost and
expense Permittee will:
(a) Remove the Facility and restore the Area to a condition satisfactory to the MnDOT District
Engineer; and
(b) Surrender possession of the Area to MnDOT.
If, without MnDOT’s written consent, Permittee continues to occupy the Area after the Expiration
Date or earlier termination, Permittee will remain subject to all conditions, provisions, and
obligations of this LUP, and further, Permittee will pay all costs and expenses, including
attorney’s fees, in any action brought by MnDOT to remove the Facility and the Permittee from
the Area.
3. CONSTRUCTION. The construction, maintenance, and supervision of the Facility shall be at no
cost or expense to MnDOT.
Before construction of any kind, the plans for such construction shall be approved in writing by
the MnDOT's District Engineer. Approval in writing from MnDOT District Engineer shall be
required for any changes from the approved plan.
The Permittee will construct the Facility at the location shown in the attached Exhibit "A", and in
accordance with MnDOT-approved plans and specifications. Further, Permittee will construct
the Facility using construction procedures compatible with the safe and efficient operation of the
highway.
VIII-11
LUP – Standardized LUP Form Page 3 of 6 LU1001 10/3/2023
Upon completion of the construction of the Facility, the Permittee shall restore all disturbed
slopes and ditches in such manner that drainage, erosion control and aesthetics are
perpetuated.
The Permittee shall preserve and protect all utilities located on the lands covered by this LUP at
no expense to MnDOT and it shall be the responsibility of the Permittee to call the Gopher State
One Call System at 1-800-252-1166 at least 48 hours prior to performing any excavation.
Any crossings of the Facility over the trunk highway shall be perpendicular to the centerline of
the highway and shall provide and ensure reasonable and adequate stopping sight distance.
4. MAINTENANCE. Any and all maintenance of the Facility shall be provided by the Permittee at
its sole cost and expense, including, but not limited to, plowing and removal of snow and
installation and removal of regulatory signs. No signs shall be placed on any MnDOT or other
governmental agency sign post within the Area. MnDOT will not mark obstacles for users on
trunk highway right of way.
5. USE. Other than as identified and approved by MnDOT, no permanent structures or no
advertising devices in any manner, form or size shall be allowed on the Area. No commercial
activities shall be allowed to operate upon the Area.
Any use permitted by this LUP shall remain subordinate to the right of MnDOT to use the
property for highway and transportation purposes. This LUP does not grant any interest
whatsoever in land, nor does it establish a permanent park, recreation area or wildlife or
waterfowl refuge. No rights to relocation benefits are established by this LUP.
This LUP is non-exclusive and is granted subject to the rights of others, including, but not limited
to public utilities which may occupy the Area.
6. APPLICABLE LAWS. This LUP does not release the Permittee from any liability or obligation
imposed by federal law, Minnesota Statutes, local ordinances, or other agency regulations
relating thereto and any necessary permits relating thereto shall be applied for and obtained by
the Permittee.
Permittee at its sole cost and expense, agrees to comply with, and provide and maintain the
Area, Facilities in compliance with all applicable laws, rules, ordinances and regulations issued
by any federal, state or local political subdivision having jurisdiction and authority in connection
with said Area including the Americans with Disabilities Act (“ADA”). If the Area and Facilities
are not in compliance with the ADA or other applicable laws MnDOT may enter the Area and
perform such obligation without liability to Permittee for any loss or damage to Permittee thereby
incurred, and Permittee shall reimburse MnDOT for the cost thereof, plus 10% of such cost for
overhead and supervision within 30 days of receipt of MnDOT’s invoice.
VIII-11
LUP – Standardized LUP Form Page 4 of 6 LU1001 10/3/2023
7. CIVIL RIGHTS. The Permittee for itself, successors in interest, and assigns, as a part of the
consideration hereof, does hereby covenant and agree that in the event improvements are
constructed, maintained, or otherwise operated on the Property described in this Limited Use
Permit for a purpose for which a MnDOT activity, facility, or program is extended or for another
purpose involving the provision of similar services or benefits, the Permittee will maintain and
operate such improvements and services in compliance with all requirements imposed by the
Acts and Regulations relative to nondiscrimination in federally-assisted programs of the United
States Department of Transportation, Federal Highway Administration, (as may be amended)
such that no person on the grounds of race, color, national origin, sex, age, disability, income-
level, or limited English proficiency will be excluded from participation in, denied the benefits of,
or be otherwise subjected to discrimination in the use of said improvements.
8. SAFETY. MnDOT shall retain the right to limit and/or restrict any activity, including the parking
of vehicles and assemblage of Facility users, on the highway right of way over which this LUP is
granted, so as to maintain the safety of both the motoring public and Facility users.
9. ASSIGNMENT. No assignment of this LUP is allowed.
10. IN WRITING. Except for those which are set forth in this LUP, no representations, warranties,
or agreements have been made by MnDOT or Permittee to one another with respect to this
LUP.
11. ENVIRONMENTAL. The Permittee shall not dispose of any materials regulated by any
governmental or regulatory agency onto the ground, or into any body of water, or into any
container on the State’s right of way. In the event of spillage of regulated materials, the
Permittee shall notify in writing MnDOT’s District Engineer and shall provide for cleanup of the
spilled material and of materials contaminated by the spillage in accordance with all applicable
federal, state and local laws and regulations, at the sole expense of the Permittee.
12. MECHANIC’S LIENS. The Permittee (for itself, its contractors, subcontractors, its materialmen,
and all other persons acting for, through or under it or any of them), covenants that no laborers',
mechanics', or materialmens' liens or other liens or claims of any kind whatsoever shall be filed
or maintained by it or by any subcontractor, materialmen or other person or persons acting for,
through or under it or any of them against the work and/or against said lands, for or on account
of any work done or materials furnished by it or any of them under any agreement or any
amendment or supplement thereto.
VIII-11
LUP – Standardized LUP Form Page 5 of 6 LU1001 10/3/2023
13. NOTICES. All notices which may be given, by either party to the other, will be deemed to have
been fully given when served personally on MnDOT or Permittee or when made in writing
addressed as follows: to Permittee at:
Mayor
City of Hastings
101 4th Street East
Hastings, MN 55033
and to MnDOT at:
State of Minnesota
Department of Transportation
Metro District Right of Way
1500 W. County Road B2
Roseville, MN 55113
The address to which notices are mailed may be changed by written notice given by either
party to the other.
14. INDEMNITY. Permittee shall indemnify, defend to the extent authorized by the Minnesota
Attorney General’s Office, hold harmless and release the State of Minnesota, its Commissioner
of Transportation and employees and any successors and assigns of the foregoing, from and
against:
(a) all claims, demands, and causes of action for injury to or death of persons or loss of or
damages to property (including Permittee's property) occurring on the Facility or connected with
Permittee's use and occupancy of the Area, except when such injury, death, loss or damage is
caused solely by the negligence of State of Minnesota, but including those instances where the
State of Minnesota is deemed to be negligent because of its failure to supervise, inspect or
control the operations of Permittee or otherwise discover or prevent actions or operations of
Permittee giving rise to liability to any person;
(b) claims arising or resulting from the temporary or permanent termination of Facility user
rights on any portion of highway right of way over which this LUP is granted;
(c) claims resulting from temporary or permanent changes in drainage patterns resulting in
flood damages;
(d) any laborers', mechanics', or materialmens' liens or other liens or claims of any kind
whatsoever filed or maintained for or on account of any work done or materials furnished; and
(e) any damages, testing costs and clean-up costs arising from spillage of regulated
materials attributable to the construction, maintenance or operation of the Facility.
VIII-11
LUP – Standardized LUP Form Page 6 of 6 LU1001 10/3/2023
MINNESOTA DEPARTMENT
OF TRANSPORTATION
RECOMMENDED FOR APPROVAL
CITY OF HASTINGS
By_________________________________
Its Mayor
And________________________________
Its City Clerk
By:_____________________________
District Engineer
Date_____________________________
APPROVED BY:
COMMISSIONER OF TRANSPORTATION
By:______________________________
Director, Office of Land Management
Date____________________________
The Commissioner of Transportation
by the execution of this permit
certifies that this permit is
necessary in the public interest
and that the use intended is for
public purposes.
VIII-11
10/3/23, 3:11 PM Dakota County GIS
https://gis.co.dakota.mn.us/dcgis/1/1
GSB
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
Map Scale
1 inch = 50 feet
10/3/2023
VIII-11
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DESCRIPTION
REMOVAL PLAN
EROSION AND SEDIMENT CONTROL PLAN
X
X
X
SHEET NO.
BITUMINOUS WALK CONSTRUCTION PLAN
10 16 13
10 16 13
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17
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Exhibit B City Resolution Page 1 of 2 LU1016 10/9/2023
EXHIBIT B
CITY OF HASTINGS
Dakota Count, Minnesota
Resolution No. 10 - -23
RESOLUTION TO ENTER INTO AND EXECUTE A LIMTED USE PERMIT WITH
THE MINNESOTA DEPARTMENT OF TRANSPORTATION FOR THE PURPOSE OF
MAINTAINING AND OPERATING A NONMOTORIZED TRAILS WITHIN THE
RIGHT-OF-WAY OF TH 55 IN CONTROL SECTION 1910
WHEREAS, the City of Hastings requests to work cooperatively with MnDOT to maintain and
operate a nonmotorized trail sections within the right of way of Trunk Highway 55; and,
WHEREAS, said non-motorized trail system provides City residents and visitors with a
transportation system that maximizes the health of people, the environment, and the economy in
accordance with the State of Minnesota’s Multi-modal Transportation plan; and
WHEREAS, the Minnesota Department of Transportation requires Limited Use Permits for
trails within their rights-of-way:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS AS FOLLOWS; that the Mayor and the City Clerk are authorized to execute the
Limited Use Permit and its amendments, and that the City of Hastings enter into Limited Use
Permit No. 1910-0117 with the State of Minnesota, Department of Transportation for the following
purposes:
To provide for maintenance and use by the City of Hastings upon, along and adjacent to Trunk
Highway No. 55 and the limits of which are defined in said Limited Use Permit.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 16TH DAY
OF OCTOBER, 2023.
___________________________
Mary D. Fasbender, Mayor
__________________________
Kelly Murtaugh, City Clerk
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LU1016 10/9/2023Page 2 of 2Exhibit B City Resolution
Subscribed and sworn to before me this
________ day of _________________, 2023
Notary Public ________________________
My Commission Expires _______________
C.S. 1913 (T.H. 61)
LUP # 1913-0119
CERTIFICATION
I certify that the above Resolution is an accurate copy of the Resolution adopted by the City
Council of the City of Hastings, Minnesota at an authorized meeting held on the 16th day of
October, 2023, as shown by the minutes of the meeting in my possession.
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 16, 2023
Item: Engage with HKGI for Master Planning Services.
Council Action Requested:
Accept proposal and authorize staff to engage with HKGI to provide Master
Planning Services for the Lake Rebecca Park Redevelopment Project.
Background Information:
The City of Hastings received $1M in grant funding from the LCCMR/ENRTF
to complete a redevelopment project at Lake Rebecca Park. The project will
include development of a master plan which focuses on habitat restoration,
enhancement and expansion as well as redevelopment of the Lake Rebecca
parking lots, boat launch and trails.
Staff solicited proposals from multiple consulting firms, four (4) were
returned. Proposals received were from SRF at 149,999, SEH at
$149,941.62, Bolton & Menk at $149,500, and HKGI at $123,000.
HKGI’s proposal meets the needs of the City and this project and was the
lowest cost at $123,000.00.
Staff recommend awarding this professional services contract to HKGI as
proposed.
Financial Impact:
This project and the cost for project management is 100% grant funded.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
▪ HKGI proposal
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PROPOSAL FOR PLANNING & DESIGN SERVICESLAKE REBECCA PARK MASTER PLANHASTINGS, MINNESOTA
Prepared by HKGi and Emmons & Olivier Resources Inc.
September 15, 2023
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ii Lake Rebecca Park Master Plan and Improvements - City of Hastings
Lake Ann Park
Chanhassen
CONTENTS
01 FIRM INFORMATION 2
02 PROJECT TEAM 4
03 EXPERIENCE &
REFERENCES 5
04 RESUMES 16
05 UNDERSTANDING &
APPROACH 24
06 PROPOSED FEES &
SCHEDULE 29
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1 Cover Letter
CREATING PLACES THAT ENRICH PEOPLE’S LIVESSeptember 15, 2023
Chris Jenkins, Parks and Recreation Director
City of Hastings
920 West 10th Street
Hastings, MN 55033
Dear Chris and Members of the Selection Committee,
We are pleased and excited to submit this proposal for master planning and design services for Lake Rebecca
Park. For this project we have teamed with Emmons & Olivier Resources (EOR), whose staff will provide
natural resources planning and engineering services that will complement the park planning and landscape
architecture services provided by HKGi’s staff. HKGi and EOR have teamed on multiple parks master planning
projects over the past decade. We have worked together to analyze, explore, and develop plans for parks
along the St. Croix National Scenic Riverway, as well as parks with multiple water and land natural resources
and wildlife habitat.
We understand this project needs to prioritize stakeholder engagement in order to avoid duplication of
restoration efforts and determine the best path forward for Lake Rebecca Park. The master plan will focus
on development of an ecological-based vision that will enhance the wildlife habitat and natural resources
in the park. Multiple stakeholders have knowledge of and history with the site and will contribute valuable
information to the development of the master plan. Our proposed approach dedicates a significant amount of
effort into facilitating stakeholder engagement and converging on a shared vision for the park.
Consideration must also be given to the passive recreational facilities in the park and improvement of those
facilities. Frequent flood events make the recreational facilities unable to be used for large portions of the
spring and summer seasons. DNR regulations and permits, such as the requirement for no net rise in elevation
along the Mississippi River, will need to be considered when exploring design ideas.
Our team’s approach will be focused on exploring options, issues, and opportunities for the master plan,
including understanding past and ongoing U.S. Army Corps of Engineers restoration work. Our goal is for
the master plan to identify the vision that will establish and guide the recommendations for design and
construction implementation. This proposed process will emphasize the development of a strong master
plan that will complement, and not duplicate, past and ongoing restoration efforts and will gain buy-in from
stakeholders and agreement on a shared vision for the park. The master plan will set the stage for subsequent
site design and construction of a new boat launch, parking lot, trails, and key ecological restoration efforts.
We look forward to this opportunity. If you have any questions, please reach out to me.
Sincerely,
Gabrielle Grinde, PLA
Vice President
612.252.7141
gabrielle@hkgi.com
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2 Lake Rebecca Park Master Plan and Improvements - City of Hastings
612.338.0800
www.hkgi.com
800 Washington Ave. N., Suite 103
Minneapolis, Minnesota 55401
PRINCIPALS
Paul Paige, PLA, President
Brad Scheib, AICP, Vice President
Bryan Harjes, PLA, LEED AP, Vice President
Gabrielle Grinde, PLA, Vice President
ASSOCIATES
Rita Trapp, AICP, LEED AP
Jeff Miller, AICP
Lance Bernard
STAFF
4 Certified Planners
8 Licensed Landscape Architects
9 Planners/Urban Designers
2 Marketing Communications
CREATING PLACES THAT ENRICH PEOPLE’S LIVES
HKGi
HKGi was established in 1982 to provide community-
based planning and design services to clients
throughout the Upper Midwest. Our objective is to
help clients build great places for people to live, work,
and play. We combine our technical skills and passion
for community design with the local knowledge and
passion that community stakeholders and leaders have
for their communities, neighborhoods, and parks. This
community-based approach has been at the heart of our
practice since HKGi’s founding.
Park Master Planning Services
Park and recreation planning has long been a core
service at HKGi. Our planners and landscape architects
bring a wealth of experience and knowledge about the
programming, sustainability, community engagement,
and operations issues that park and recreation planning
projects must address.
We leverage our experience, creativity, and
understanding of the park development process to
provide action-oriented plans and design services that
help clients achieve their community’s vision for its parks,
trails, and open spaces.
Firm Role
HKGi will serve as the lead consultant and will be
responsible for project management, engagement
leadership, and landscape architecture services for the
master planning and design phases of this project.
COLLABORATE
LISTEN
EXPLORE
CREATE
FIRM INFORMATION VIII-12
3 Firm Information
Emmons & Olivier Resources, Inc. (EOR)
Established in 1997, EOR Is a collaborative group of environmental
and design professionals passionate about protecting our waters,
restoring healthy ecosystems, and enhancing our community’s
unique sense of place. We are an employee owned, multi-
disciplinary water resource-based firm that specializes in water
resources engineering, watershed planning, and modeling;
environmental compliance, biological surveying, and restoration;
and sustainable site design, planning, and landscape architecture
Approach
At EOR, scientific study and design are inherently intertwined in
the pursuit of sustainability. The analytical and creative richness
of our solutions derives from this characteristic integration and
results in the highest social, environmental, and economic returns
for our clients.
Mission + Values
» We care for the earth and its inhabitants
» We collaborate with environmentally conscious customers
» We attract passionate, creative professionals
» We work in an aspiring and healthy environment
» We foster a culture of ownership
» We support the communities we serve
» We believe now is the time to act
Firm Role
EOR will provide planning, engineering, and landscape
architecture services related to natural resources, stormwater,
floodplain, and permitting requirements for the master planning
and design phases of the project.
O: 651.770.8448
E: info@eorinc.com
W: www.eorinc.com
1919 University Avenue West, #300
Saint Paul, Minnesota 55104
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4 Lake Rebecca Park Master Plan and Improvements - City of Hastings
Bryan Harjes
HKGi
Concept Design
Amy Bower
HKGi
Lead Landscape Architect
Paul Paige
HKGi
Design Review
Leilen Farias
HKGi
Design Support
Kyle Crawford
EOR
Civil Engineering
Aimee Hackett
HKGi
Graphic Design, Engagement
Jimmy Marty
EOR
Natural Resources
Gabrielle Grinde
HKGi
Principal and Project Manager
PROJECT TEAM VIII-12
5 Experience & References
< For full cutsheet, align sidebar to this guide
Lumberjack Landing Park Master Plan and
Improvements
Stillwater, Minnesota - HKGi worked with a multi-disciplinary team
to develop a master plan for a new park fronting the St. Croix River on
15-acres immediately north of downtown Stillwater and the Lift Bridge.
The new park is on what was formerly private land and includes an
existing house that will be renovated and converted into a park building.
The park will provide much-needed access to the St. Croix River for non-
motorized watercraft, such as canoes and kayaks. Such access does not
currently exist in the area. The park will also feature fishing piers, internal
trails and connections to the adjacent Brown’s Creek State Trail, and site
restoration and vegetation management plan.
HKGi is currently leading the development of design documents to
implement some of the master plan’s key short-term initiatives. These
improvements include an ADA accessible canoe/kayak launch and
trail connection. Both the planning and design phases have required
significant engagement and coordination with federal, state, and county
agencies to ensure compliance with Wild and Scenic River requirements,
state trail connection standards, and county site requirements.
EXPERIENCE & REFERENCES
HIGHLIGHTS
Coordination of review by agencies at
the federal, state, and county levels,
including compliance with Wild and
Scenic River requirements
Launch design features ADA
accessibility and accommodation for
significant fluctuation of water levels
REFERENCE
Shawn Sanders, Public Works Director
City of Stillwater
ssanders@ci.stillwater.mn.us
651-430-8835
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6 Lake Rebecca Park Master Plan and Improvements - City of Hastings
< For full cutsheet, align sidebar to this guide
Big Elk Lake Regional Park Master Plan
Sherburne County, Minnesota - HKGi worked with Sherburne County
to create a master plan for a potential new county park on a 400-acre
privately-owned site. The former owner wanted the land to become a
park to preserve the site’s natural areas and provide public lake access
and a recreational amenity. The County conducted initial archeological
and architectural studies to identify Native American burial grounds
and artifacts and assess the quality of existing structures on site. HKGi
was hired to conduct further site analysis, evaluate natural resources,
facilitate public engagement, and develop a master plan to meet Greater
Minnesota Regional Parks and Trails Commission (GMRPTC) requirements.
Key engagement for this project involved meetings and site tours with
tribal representatives and GMRPTC staff to modify the initial concept
plans, placing greater emphasis on Indigenous history and natural
resource preservation, as the site’s owners had come to desire during
the discovery process. The final master plan prioritizes natural resource
restoration projects; cultural preservation, education, and interpretation;
reducing the number of recreational amenities; and preserving access to
the lake and the site’s other outstanding landscape features.
HIGHLIGHTS
Development of high quality
renderings to enhance fundraising,
marketing, and stakeholder
communication efforts
Planning addresses sensitive natural
and cultural resources on site
REFERENCE
Gina Hugo, Parks Coordinator
Sherburne County
gina.hugo@co.sherburne.mn.us
763-765-3308
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7 Experience & References
< For full cutsheet, align sidebar to this guide
Carrick’s Landing Improvements
Otsego, Minnesota - HKGi provided the City of Otsego with concept
planning services for the development of a paddle launch on the
Mississippi River at Carrick’s Landing Park. Initial planning included the
creation of a development concept to identify the best location for the
launch and explore potential configurations. HKGi continued its work on
the next implementation phases, including schematic design assistance
with grant writing to help fund the improvement project.
Improvements under development include stairway and an accessible
ramp to provide access to the riverfront; a new shelter; wayfinding
signage; benches; a new connection from the parking lot to the landing;
and a floating dock.
HIGHLIGHTS
Landing and launch design features
ADA accessibility
Natural resource restoration key part
of landscape design
Design review includes compliance
with regulation of development along
the Mississippi River
REFERENCE
Nick Jacobs, Parks and Recreation
Director
City of Otsego
njacobs@ci.otsego.mn.us
763-334-3170
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8 Lake Rebecca Park Master Plan and Improvements - City of Hastings
< For full cutsheet, align sidebar to this guide
Miesville Ravine Park Reserve Master Plan
Dakota County, Minnesota - HKGi has provided park master planning
leadership for a multi-disciplinary team that includes EOR, who is
providing natural resources planning expertise. The 1,850-acre park
feature high-quality landscapes and cultural resources that the county
seeks to preserve while also improving the visitor experience and access
to some of the park reserve’s features.
The plan established a three-part approach that directs financial and staff
resources. 1. Continue to stabilize and preserve the park reserve’s natural
and cultural resources. 2. Provide thoughtfully integrated, accessible
amenities that welcome a broader range of users into the park reserve.
3. Embrace the park’s remote setting as a way for visitors to get
comfortable exploring remote natural landscapes.
In order to minimize impacts on sensitive resources like trout streams,
prairie flora, and bluffs within the park reserve, the plan takes a cautious
approach to park development, establishing a 10-year development
timeframe for improvements to existing park elements and a long-term
development timeframe for more significant expansion of park amenities.
HIGHLIGHTS
Addresses preservation and
restoration of highly-sensitive natural
and cultural resources
Long-term implementation strategies
intended to enable park restoration
efforts to mature
REFERENCE
Lil Leatham, Principal Planner
Dakota County
lil.leatham@co.dakota.mn.us
952-891-7159
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9 Experience & References
< For full cutsheet, align sidebar to this guide
Great River Regional Park Complex Master Plan
Stearns and Benton Counties, Minnesota - HKGi conducted an expedited
master planning process to ensure that the clients would be able to meet
a fast-approaching deadline for the GMRPTC’s park and trail designation
process. HKGi conducted the planning process over the course of six
weeks, including County Parks Commission and Board approval. Despite
a compressed schedule HKGi worked with the two clients to engage a
considerable number of stakeholders and collect their input and reactions
to plan concepts.
The Great River Park Complex actually consists of two parks on opposite
sides of the Mississippi River. Canoe and kayak launches on either side
of the river will connect the parks, and will also provide access to the
Mississippi River State Water Trail bisecting the park. Improvement
initiatives include trail improvements and natural resource restoration
throughout, but also include a new Archery Center, upgrades to the
existing Disc Golf course, improvements to the Historic Farmstead, a new
day use area, and potential acquisition for park expansion. HKGi created
3D visualizations and animations to illustrate the Archery Center concept,
which received a significant amount of community support.
The park master plan (left) identifies a wide
range of potential improvements and park
expansion or integration opportunities.
HKGi created 3D renderings of the archery
range that is proposed for the park as part of
the master plan (above).
HIGHLIGHTS
Designated a Regional Park in 2020
Compressed planning timeframe of
approximately six weeks from start to
finish
Brief but successful community
engagement using online input
methods to collect detailed, location-
based comments
REFERENCE
Ben Anderson, Parks Director
Stearns County
320-255-6172
benjamin.anderson@co.stearns.mn.us
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10 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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St. Louis River Corridor Parks Planning
Duluth, Minnesota - HKGi provided planning leadership and expertise
for an extraordinary initiative to transform the St. Louis River Corridor into
a national environmental learning and outdoor recreation destination.
The process began with a 2-day visioning workshop to help the City
and the corridor’s stakeholders establish an overarching vision to guide
subsequent parks and natural resource development efforts.
Since that initial workshop, HKGi conducted several park and trail
planning projects including the Cross City Trail Master Plan, the West
Duluth Sports Corridor Mini-Master Plan, the St. Louis River Estuary
National Water Trail Master Plan, the Tallas Island Paddle Center Concept
Plan, the St. Louis River Corridor Trails Master Plan, and park master plans
for eleven parks in the neighborhoods surrounding the river.
Nearly all of the plans had to address one or more of the following issues:
floodplains, river access, natural resource restoration and conservation,
development on former industrial land, recreational programming, and
financial or ecological feasibility.
HIGHLIGHTS
Master planning addresses a wide
variety of park and recreation issues
including landscape restoration in
former industrial areas
Tallas Island Paddle Center concept
to enhance public access to St. Louis
River
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11 Experience & References
< For full cutsheet, align sidebar to this guide
Natural Resources Management Program Plan
Duluth, Minnesota - EOR recently served as the lead consultant for the
creation of a Natural Resources Management Program Plan to guide
the City of Duluth in improving its resiliency to flooding and other
natural disasters. HKGi provided planning, landscape architecture and
engagement support for the plan. The plan includes an inventory and
analysis of City-managed natural resources, including public open space
lands that are dedicated to preservation or connected to local stream
systems and watersheds.
The plan’s strategies and recommendations address a broad range of
topics including land protections, short-term and long-term ecological
restoration and management, community outreach and educations,
and potential partnerships with other agencies and organizations. The
Plan also contains information regarding prioritization, implementation
guidelines, a range of cost estimates based on base-, mid- and full-
implementation, and measurable targets to help the City gauge progress.
HIGHLIGHTS
Plan is housed online to ensure
accessibility and facilitate efficient
plan updates
Wide-ranging plan addresses a
broad spectrum of natural resource
issues throughout the city and its
surroundings
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12 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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Eckert Blufflands Park Master Plan
St. Croix County, Wisconsin - HKGi led a planning process for a new park
on what was formerly private land on the Wisconsin side of the St. Croix
River. The planning team conducted an inventory of existing conditions
for the 167-acre project area and then conducted initial engagement with
the community. This analysis and input was used to identify potential
issues and opportunities for development of the park and then provided
a foundation for the creation of three park concepts. HKGi worked with
county staff and community stakeholders to explore development
potential in each of the concepts and create a preferred concept to guide
future development of the park.
While each concept included similar program elements such as
campgrounds, trails, scenic overlooks, landscape preservation and
restoration, and fishing access, each concept featured a different
emphasis and level of impact to the site. The final master plan document
identifies and prioritizes implementation initiatives and also includes
strategies to help the county secure funding and phases for park
development and construction.
HIGHLIGHTS
Extensive online engagement
processes using Social Pinpoint and
ESRI StoryMaps.
Several stakeholder meetings with
landowners, local government
representatives, and utilities.
In-depth conceptual planning and
design process for multiple facilities.
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13 Experience & References
< For full cutsheet, align sidebar to this guide
water
ecology
community
Lake Auburn
Boat Launch
Date: 2019
Location: Victoria, MN
Client: Three Rivers
Park District
SummaryEOR developed site plan options and associated construction and O&M cost estimates for an improved boat launch facility at Lake Auburn for the Three Rivers Park District and the Minnesota Department of Natural Resources and garnered stakeholder consensus on a final plan. The existing facilities & program were dated, worn and insufficient for the increasing interest in the park. EOR’s design layered the needs for safety and accessibility with environmental improvements that brought stormwater filtering, shoreline stabilization, ADA accessibility, aquatic habitat, and entirely new carry-in and trailered watercraft launch facilities to the site.
Client Benefits• Facility is entirely ADA accessible and includes unique accessible shoreline fishing opportunities.• Bio-engineered shoreline addresses shoreline erosion while enhancing habitat and near-shore fishing experience. • Expanded facility minimizes tree loss and removals are utilized near shore as fish habitat structures.• Launch includes a modern aquatic invasive species ‘tie down’ station for watercraft inspection and cleaning.
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14 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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water
ecology
community
Summary
Eagle Park is located in the middle of
a growing residential area. EOR was
contracted to work with the City to
develop park space that would serve the
local residents, while placing focus on
the ecological potential of the site. Sited
between different neighborhoods and
schools, this site offered opportunities
to better connect local uses while also
expanding the City’s trail network.
With a team of natural resource specialists,
landscape architects and engineers, a plan
was developed to build a “nature first”
park space that maximized the ecological
benefits of the site, while also providing
better access, connectivity, and recreational
opportunities for the community. The final
design celebrates the existing stream and
wetland habitats the site has by connecting
users to the these valuable places. Stream
access, restored prairie, gathering spaces,
parking, educational signage and a network
of trails bring out the potential of the site in
a naturalistic and beautiful way. EOR also
explored the future incorporation of a disc
golf course. Eagle Park is currently under
construction, and is anticipated to be open
to the public spring, 2023.
Client Benefits• Helped maximize the natural ecological elements of the site.• Developed maintenance requirement for all of the restoration efforts to ensure the health and sustainability of these new spaces.• Provided improved connections in the space for the community.
Eagle Park
Ecological Design
Date: 2022 - 2023
Location: Bondurant, IA
Client: City of Bondurant In Progress
Existing conditions
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15 Experience & References
< For full cutsheet, align sidebar to this guide
water
ecology
community
Beaverdale Park
Assessment &
Restoration Design
Date: 2023 - Present
Location: Des Moines, IA
Client(s): City of Des Moines
SummaryRedevelopment of the community-beloved Beaverdale Park is centered on the restoration of the park’s oak-hickory woodlands, urban stream revitalization, and enhanced user accessibility. The City of Des Moines selected EOR to implement this critical step, based on our versatility and cross-pollination in both park design and natural resource rehabilitation.The richness of the resulting plan originates from an initial week-long onsite resource assessment and iterative onsite planning & vetting by a team of design and natural resource professionals. Impacts from the urbanized watershed will be partially mitigated within the park through floodplain reconnection, strategic bank stabilization, and stream pattern adjustments to protect existing infrastructure and steep bluff slopes.
Client Benefits ●Optimal construction cost and minimized resource disturbance stemming from integrated design and construction sequencing. ●Park trail plan was derived via days of on-site planning and vetting by owner and multidisciplinary team, which fostered varied trail typologies, minimized resource impact, and desired ‘back-country’ user experience. ●Trees proposed for removal will be utilized for instream habitat as well as trail definition and stabilization (e.g., water bars).
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16 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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As project manager Gabrielle will be the primary point of
contact for this project and will oversee the work of the
planning and design team.
Gabrielle has provided comprehensive park, trail,
recreation, and open space master planning services to
communities throughout the region and has led master
planning processes for several ecological- and natural
resource-based parks. She has also led the design process
for park improvements in sensitive landscapes.
Her breadth and depth of experience means she
understands many of the key issues that will need to be
addressed and considered during the planning and design
process for Lake Rebecca Park. She has also collaborated
with EOR staff on several of the projects included in this
proposal and has an excellent working relationship with
them.
Relevant Project Experience
» Lumberjack Landing Park Master Plan and Site
Improvements | Stillwater, MN
» Big Elk Lake Regional Park Master Plan | Sherburne
County, MN
» Eckert Blufflands Park Master Plan | St. Croix County, WI
» Carrick’s Landing Improvements | Otsego, MN
» Vermillion River Greenway Master Plan | Dakota County,
MN
» St. Louis River Corridor Neighborhood Park Master Plans
| Duluth, MN
» Lake Ann Park Improvements | Chanhassen, MN
» Great River Regional Park Complex Master Plan | Stearns
and Benton Counties, MN
Gabrielle Grinde
ASLA, PLA (MN)
Vice President
gabrielle@hkgi.com
Years of Experience: 15
EducationMaster of Landscape Architecture, University of Minnesota
Bachelor of Arts-Political Science, University of Wisconsin-Madison
RegistrationLandscape Architect, Minnesota License No. 50416
Awards
2020 MRPA Award of Excellence - Hutchinson Parks, Recreation and Community Education System Plan
2015 MN APA Planning in Context Award - Moorhead River Corridor Plan
2015 MN APA Innovation in Planning Award - Lanesboro Arts Campus Vision Plan
2015 MNDOT Stewardship Award in Transportation and the Natural Environment - River to River Greenway, Dakota County, MN
2015 ASLA-MN Merit Award for Analysis and Planning - Parks and Recreation Master Plan, Duluth, MN
2015 ACEC-MN Engineering Excellence Honor Award - Downtown Commons Enhancements, Buffalo, MN
RESUMES VIII-12
17 Resumes
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Bryan will provide design expertise during the charrette at
the concept planning phase of the project.
Bryan’s involvement in numerous award-winning projects
attests to his expertise as a landscape architect. He
brings creativity, an ability to lead and facilitate idea
generation, and strong critical thinking skills to his project
work. His contributions are particularly effective in public
workshop and charrette environments, where his ability
to listen to ideas and transform them into drawings
enables participants to envision and evaluate potential
development scenarios.
His experience includes providing park master planning
services for several Hastings parks early in his career, and
he also has experience conducting park and trail planning
and design in contexts similar to those found at Lake
Rebecca Park.
Relevant Project Experience
» Lumberjack Landing Park Plan and Improvements |
Stillwater, MN
» Springbrook Nature Center | Fridley, MN
» Oxbow Nature Center | Olmsted County, MN
» Soldier’s Field Park Improvements | Rochester, MN
» Keewaydin Park Improvements | Minneapolis, MN
» Minnehaha Parkway Regional Trail Master Plan and
Improvements | Minneapolis, MN
» Nokomis-Hiawatha Regional Park Master Plan |
Minneapolis, MN
» S. Valley Park Improvements | Inver Grove Heights, MN
» St. Louis River Recreational Corridor Master Plan |
Duluth, MN
Bryan Harjes
PLA (MN, MI), LEED AP
Vice President
bryan@hkgi.com
Years of Experience: 24
Education
Master of Landscape Architecture and
Bachelor of Environmental Design,
University of Minnesota
Registration
Landscape Architect, Minnesota, License No.
42954; Michigan License No. 3901001779
Awards
2021 ASLA-MN Honor Award for Planning
and Urban Design - Minnehaha Parkway
Regional Trail Master Plan
2018 ASLA-MN Merit Award for Planning
and Urban Design - St. Louis River Estuary
National Water Trail Master Plan - Duluth-
Superior
2016 AIA Minneapolis Preservation Award
- Minnehaha Park Refectory Renovation,
Minneapolis
2015 ACEC-MN Engineering Excellence
Honor Award - Buffalo Commons, Buffalo,
MN
2014 APA-IA Innovation in Economic
Planning and Development Award - Merle
Hay Road Gateway Redevelopment Master
Plan, Johnston, IA
VIII-12
18 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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Paul will provide design review services for the
construction documentation phase of this project.
Paul has more than three decades of experience
developing and reviewing design and construction
documentation and provides overall quality control
services for many of HKGi’s design and construction
projects.
He has developed an impressive portfolio of park, trail, and
site improvement projects and enjoys working with design
teams and contractors to ensure that design intent is
accomplished during construction and that clients receive
high-quality service and deliverables from contractors.
His portfolio includes several projects that address many
of the complex factors that will influence planning and
development of Lake Rebecca Park.
Relevant Project Experience
» River’s Edge Commons | Elk River, MN
» Veterans Memorial Park | Chaska, MN
» Great River Regional Park Master Plan | Stearns and
Benton Counties, MN
» North Urban Regional Trail Design | Dakota County, MN
» Fernbrook Fields Athletic Complex | Maple Grove, MN
» Gleason Fields Athletic Complex | Maple Grove, MN
» Lake Ann Park Improvements | Chanhassen, MN
» Rice Marsh Lake Trail | Chanhassen, MN
» Bassett’s Creek Park Improvements | Minneapolis, MN
» Bde Maka Ska South Shore Parking Expansion |
Minneapolis, MN
» Big Elk Lake Park Master Plan | Sherburne County, MN
Paul Paige
PLA (MN)
President
ppaige@hkgi.com
Years of Experience: 33
Education
Bachelor of Landscape Architecture -
University of Minnesota
Registration
Landscape Architect, Minnesota, License No.
23594
Awards2020 MRPA Excellence Award - River’s Edge Commons Expansion - Elk River
2020 MRPA Excellence Award - Fernbrook
Athletic Fields Complex - Maple Grove
2017 MN APA Success Stories in
Implementation - Downtown Chaska Master
Plan and Streetscape
2015 ACEC-MN Excellence in Engineering
Honor Award - Buffalo Downtown
Commons
2013 MN ASLA Merit Award and 2009 MRPA
Award of Excellence - Rivers Edge Commons,
Elk River, MN
2003 Mpls AIA Merit Award - Bloomington
Civic Plaza
2002 MRPA Award of Excellence -
Normandale Lake Bandshell
VIII-12
19 Resumes
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Amy provides design expertise for the schematic, and
design development, and construction documentation
and administration phases of site improvement projects.
She has more than two decades of experience providing
landscape architecture services for all kinds of park,
trail, and public space improvements, including several
complex design projects within sensitive areas.
Her experience as a landscape architect is bolstered
by her background in industrial design, enabling her
to understand how to transform planning and design
concepts into built work. Amy provides outstanding
efficiency, is an excellent advocate for the client during
bidding and construction phases, and provides reliable
cost estimation services that aid clients in planning and
budgeting for park improvements.
Relevant Project Experience
» Lumberjack Landing Park Improvements | Stillwater, MN
» Lost Lake Greenway and Plaza Design | Mound, MN
» Lock and Dam Road Streetscape Design | Hastings, MN
» River to River Greenway Design | Dakota County, MN
» Veterans Memorial Park | Chaska, MN
» River’s Edge Commons | Elk River, MN
» Nokomis-Hiawatha Regional Park Master Plan |
Minneapolis, MN
» Springbrook Nature Center | Fridley, MN
» Fernbrook Fields and Gleason Fields Athletic Complexes
| Maple Grove, MN
» Wayfinding Signage Design | Hutchinson, MN
» Soldier’s Field Park Improvements | Rochester, MN
Amy Bower
PLA (MN)
Landscape Architect
amy@hkgi.com
Years of Experience: 26
EducationMasters of Landscape Architecture, University of Minnesota
B.S., Industrial Design, University of
Wisconsin-Stout
RegistrationLandscape Architect, Minnesota
License No. 41472
Awards
2020 MRPA Excellence Award - River’s Edge Commons Expansion - Elk River
2020 MRPA Excellence Award - Fernbrook Athletic Fields Complex - Maple Grove
2017 MN APA Success Stories in Implementation Award - Downtown Master Plan and Streetscape - Chaska, MN
2015 MnDOT Stewardship Award - River to River Greenway
2015 ACEC-MN Excellence in Engineering Honor Award - Buffalo Downtown Commons
2013 MN ASLA Merit Award and 2009 MRPA Award of Excellence - Elk River Rivers Edge Commons
VIII-12
20 Lake Rebecca Park Master Plan and Improvements - City of Hastings
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Leilen will provide design support for the Lake Rebecca
Park master plan process, particularly throughout the
preliminary and final design phases of the project.
Although Leilen is new to HKGi, she brings seven years
of experience contributing landscape design services to
public space improvement projects with the University
of Minnesota’s Landcare Department. Her experience
includes cost estimation, concept design, design
documentation, construction administration, and working
with vendors and contractors.
Leilen is fluent in multiple languages and brings
experience living and working in diverse cultural settings,
which means she brings new perspectives and ideas to
HKGi’s design work.
Relevant Project Experience
» Wayfinding and Signage Plan | Chanhassen, MN
» Recreation Area Master Plan | Grand Marais, MN
» Trail Wayfinding Signage | Hastings, MN
» Splash Pad Concept Plan | Hutchinson, MN
» Mall Redevelopment Area Study | Moundsview, MN
» Park Planning | Otsego, MN
» Park System Plan | South St. Paul, MN
Leilen Farias
Landscape Designer
leilen@hkgi.com
Years of Experience: 7
Education
Master of Landscape Architecture and B.S. in
Architecture, University of Minnesota
AwardsRegents Scholarship - University of Minnesota
Student Academic Excellence Award, U of M College of Design
U of M Design Student and Alumni Board Member
VIII-12
21 Resumes
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Aimee has been a key contributor to many of HKGi’s
recent projects by providing graphic design expertise and
technical support for public space planning initiatives.
She has designed community engagement materials,
infographics, engagement summaries, online materials,
and plan reports for a variety of projects. Aimee strives to
create a recognizable and unique brand for each project,
which enhances the ability of community members to
recognize and participate in engagement activities.
Aimee’s graphic design also helps to clearly and concisely
convey key themes and messages to project stakeholders
and decision-makers. Appealing, reader-friendly
documents can also help enrich community support, can
be used to market opportunities to the development
community, and can be used to secure funding and
support for implementation and public improvement
initiatives contained in the plan.
Relevant Project Experience
» People Movement Plan | Hastings, MN
» Lumberjack Landing Park Master Plan | Stillwater, MN
» Big Elk Lake Regional Park Master Plan | Sherburne
County, MN
» Eckert Blufflands Park Master Plan | St. Croix County, WI
» Great River Park Complex Master Plan | Benton and
Stearns Counties, MN
»Great River Regional Trail Master Plan | Wright County, MN
» Kinni River Corridor Plan | River Falls, WI
» Hok Si La Park Master Plan | Lake City, MN
» Lakefront Park Master Plan | Prior Lake, MN
Aimee Hackett
Urban Designer
aimee@hkgi.com
Years of Experience: 5
Education
B.S., Landscape Architecture, Arizona State
University
Awards
Williams Family Scholarship, received
scholarship twice
Nominated for Herberger Institute for Design and the Arts Design Excellence Student Award
Selected for Student Presentation at 2016
ACEC Annual Roads and Streets Conference
VIII-12
22 Lake Rebecca Park Master Plan and Improvements - City of Hastings
<Align image to this guide
Project Experience
Eckert Blufflands Park Master PlanSt. Croix County, WI via HKGI / Project EngineerProvided civil infrastructure assessment and conceptual design for the development of a new 170-acre park containing wooded uplands, deep ravines, former agricultural fields, over 100-foot high river bluffs, and more than a half mile of river shoreline.
Confederation Park LID and Storage DesignO2 Planning & Design, City of Edmonton, AB/Stormwater DesignerPrepared preliminary and detailed designs for storm sewer connections and underground storage facility to mitigate rainfall related ponding in the adjacent neighborhood and reduce release rates into vulnerable Whitemud Creek system. Supported permitting and will produce final design and construction services.
Northwood Playfield ParkCity of Thunder Bay / Project EngineerDesigned stormwater infiltration basin and storm sewer improvements as part of a “Water is Life” theme within a municipal park in Thunder Bay.
Cleary Lake Outlet ReplacementTRPD,Prior Lake, Lead EngineerLead engineer for replacement of a large lake outlet on Cleary Lake within Cleary Lake Regional Park. The project, completed for the Three Rivers Park District, utilized large (88” span) reinforced concrete storm sewer and a concrete drop structure (120” diameter manhole) to both convey large quantities of water and prevent invasive species migration upstream into Cleary Lake.
Bixby Park Water Quality ImprovementsComfort Lake Forest Lake Watershed District / Project EngineerDesigned a lightweight aggregate filter berm to promote water quality and wetland improvements in Forest Lake.
Lily Lake Stormwater BasinMiddle St. Croix Watershed Mgmt. Organization / Project EngineerCoordinated site design, permitting, and construction oversight for a large-scale infiltration basin within a municipal park. Completion of the project will allow the nearby Lily Lake to be formally de-listed from Minnesota’s Impaired Waters list.
Swede Hollow Stormwater ImprovementsCity of St Paul / Design EngineerDesign engineer for design of stormwater improvements within a municipal park near downtown St Paul. Wetland dredging, storm sewer reconstruction and flood mitigation measures will ensure residents can enjoy Swede Hollow Park for years to come.
Goose Lake Iron Enhanced Sand FilterComfort Lake-Forest Lake Watershed District / Project EngineerOversaw implementation of an iron-enhanced sand filter and stormwater improvements upstream of Goose Lake, an MPCA impaired water.
Moody Lake Wetland ImprovementsCLFLWD, Forest Lake / Design EngineerDesign engineer for dredging of large wetlands to remove phosphorus-leaching soils and create additional capacity for capture prior to entering Moody Lake.
PE
Civil EngineerKyle Crawford is a Water Resources Engineer with 11 years of broad experience in civil engineering, stormwater management, and ecosystems restoration.He is well versed in design and assessment platforms ArcGIS, HydroCAD, Bentley FlowMaster, CulvertMaster, and AutoCAD Civil 3D. Kyle has been directly involved in a wide range of projects in stormwater conveyance design, stormwater management plans, residential and commercial site design, and implementation of eco-restoration. These projects have utilized his background in land and construction surveying, civil engineering design, erosion and sediment control and construction observation.
Education2012 Bachelor of Science Civil Engineering University of North Dakota
Professional Registration#54906 MN Professional Engineer: civil#47750 WI Professional Engineer: civil#59034 CO Professional Engineer: civil#P24812 IA Professional Engineer: civil#126819 TN Professional Engineer: civil#12970808-2202 UT Professional Eng: civil#146952 TX Professional Engineer#PE.89255 OH Professional Engineer
Areas of Expertise
Stormwater Design & Management Erosion & Sediment Control Construction Site Management
Additional Training2014 AutoCAD Civil 3D – Advanced2015 CPR/First Aid2022 OSHA 8-hour Safety Course 2022 SWPPP Design Certification 2022 SWPPP Construction Site Management2022 Stormwater Operations and Maintenance
KyleCrawford
VIII-12
23 Resumes
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Environmental Scientist
JimmyMarty
CMWP
Project Experience
Eagle Point Park Vegetation MonitoringCity of Dubuque, IA / BiologistEstablished long-term vegetation monitoring plots for the purposes of monitoring pre- and post-restoration activities within Eagle Point Park. Plots were established in a range of habitats, from bluff woodland to dry-mesic forest to manicured parkland, requiring broad knowledge of a variety of species.
Natural Resources Management Program PlanDuluth, MN / GIS Specialist & Ecologist Created interactive ArcGIS Online web maps to share and analyze data with a large technical team. Categorized and prioritized mgmt. actions using GIS and consensus methods.
Long Lake Vegetation Management Plan (on-going)Carnelian-Marine-St. Croix Watershed Dist. / Aquatic BiologistDeveloped Lake Vegetation Mgmt. Plan in collaboration with the DNR for a lake infested with Eurasion Watermilfoil. Conducted point-intercept surveys, analyzed data, and recommended treatments. Collaborated with DNR and Univ. of MN researchers to develop a native plant reintroduction plan.
Minnesota Land Trust Habitat Mgmt. Plans (on-going)Minnesota Land Trust / EcologistCompleted 11 habitat mgmt. plans for private lands in the Laurentian Mixed Forest & Eastern Broadleaf Forest Provinces. Conducted native plant community mapping according to DNR field methods and provided mgmt. Recommendations.
Big Elk Lake Regional Park Master Plan (on-going)Private/ EcologistInventoried native plant communities according to DNR-field methods. Identified sensitive natural resource areas and recommended sites for park amenities. Prepared mgmt. recommendations, implementation plan, and cost estimates.
Rapid Floristic Quality AssessmentsComfort Lake-Forest Lake Watershed District / BiologistConducted Rapid Floristic Quality Assessments and assigned quality scores to several wetland complexes within Comfort Lake-Forest Lake Watershed District in Washington County. Assessed RFQA scores in the context of potential water quality projects within the surrounding area.
Cedar and Wabedo Lakes Habitat Management PlansMinnesota Land Trust / Environmental ScientistCompleted native plant community mapping according to DNR methods & drafted habitat management plans for two conservation easement sites. Plant communities included mosaics of upland forest and several classes of wetland and shoreland.
Lone Lake Park Vegetation SurveyProtect Our Minnetonka Parks / BiologistCompleted a vegetation survey along a proposed mountain bike trail corridor in Minnetonka, MN, according to Minnesota DNR relevé methods. Assessed the potential quality of habitat and potential impacts from the proposed mountain bike trail on the ecology of the park. Native plant communities along the corridor included dry-mesic oak forest and mesic hardwood forest.
Education2015 Masters of Science Utah State UniversityFocus: Wetland Ecology2012 Bachelor of ArtsLuther CollegeMajor: Biology
Professional Registration# 1322 Certified Minnesota Wetland Professional (CMWP)Wisconsin DNR Certified Endangered Resources ReviewerMinnesota DNR-listed Aquatic Plant Surveyor
Additional Training2016 Confined Space Entry 2010 Wilderness First Aid
Areas of ExpertiseWetland ScienceAquatic BotanyEnvironmental Due DiligenceNatural Resource Surveys and MonitoringTechnical Report Preparation
Jimmy has 8 years of experience as an environmental scientist, specializing in wetland science, environmental due diligence, and natural resource surveys and monitoring. Combined with a research background in ecological restoration, he possesses a well-rounded skill set that contributes to a wide variety of projects, ranging from desktop-level reviews and analysis to expansive field efforts and site assessments.
VIII-12
24 Lake Rebecca Park Master Plan and Improvements - City of Hastings
UNDERSTANDING & APPROACH
Lake Rebecca Park
(146-acre parcel)
Patch openings
and plantings
Passive recreation
features
Former Flint Hills property
USACE operations area
Previous and ongoing buckthorn treatments
Existing conditions and considerations for Lake Rebecca Park site analysis and master planning
VIII-12
25 Understanding & Approach
Work Plan and Tasks
Our proposed process follows the expectations
of the RFP and the grant received by the City of
Hastings for the enhancement of habitat quality and
passive recreation features in Lake Rebecca Park. We
propose a flexible process that will meet the needs
of the city and integrate stakeholder engagement
throughout the master planning and construction
design phases.
Phase 1 - Development of the Master Plan
The first phase of the master planning project will
be to conduct all the work needed to complete
a visionary and ecologically-based master plan
for Lake Rebecca Park. The process will involve
background data review, in-depth stakeholder
engagement, and organization of information. A
strong and clear vision for the park may include
identification of zones, such as passive recreation,
prairie restoration, oak savanna restoration, and
floodplain forest. In addition to the vision, a phase
implementation plan and approach for achieving
the vision with responsibilities, projects, and cost
estimates will be included.
[1a] General Project Management and
Communication
This task will carry over all phases of the project,
with significant efficiency gained by integrating
tasks with HKGi’s existing Project Management
contract. The project manager will be accessible to
city staff as needed for meetings and presentations,
as well as general input regarding project schedule
and tasks. We will prepare progress reports every
other week during the design phase that include
information required as part of grant administration.
[1b] Site Inventory and Analysis
Site reconnaissance will be conducted by biologists
and natural resource specialists certified in wetland
and endangered species analysis. This work will
include conducting a topographic and tree location
survey in order to set the baseline of understanding
for the master planning and the following
construction design. Utilities and other relevant
amenities will be included in the site survey.
An inventory of natural resources on the site will
be developed using GIS in order to blend with
existing data available from other public agencies
and organizations, such as the U.S. Army Corps of
Engineers Forestry Division, Dakota County, Friends
of the Mississippi River, and the City of Hastings. We
will spend time developing an understanding of the
existing and ongoing treatments conducted and
managed by these groups. The inventory will include
a review of precedent and planned work by USACE
and others; landcover delineation and classification;
documentation of invasive species occurrences and
concentrations; and an identification of unique or
noteworthy natural resource features, habitats, and
restorative opportunities.
Our team members’ site visits to inventory the
existing natural resources and infrastructure will
include a set of site photos and a list of noted site
features and conditions relevant to the master
plan and subsequent implementation efforts. Our
process includes an allowance for geotechnical work
that can be performed at this point in the project in
order to understand the soils beneath the surface at
the boat launch and parking area.
Site work will include the collection of a data regarding
wetlands, landcover, habitats, topographical features, and other
characteristics that will be vital to future park development.
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26 Lake Rebecca Park Master Plan and Improvements - City of Hastings
[1c] Master Planning and Schematic
Design
The master plan will be a succinct report, with
compelling graphics, that represents a strong vision
for the property with the site investigation to back
it up, and the implementation and phasing steps to
achieve it. The master plan will focus on the ENRTF
grant agreement the City of Hastings received to
develop an ecological-based vision that aims to
enhance habitat quality and construct passive
recreation facilities in the park.
We propose the following outline as a starting point
for the Master Plan report.
» The Executive Summary will give the city a 2-4
page document that highlights the key points of
the master plan, such as the vision, the overview
of implementation projects, and the summary of
the inventory and analysis process.
» The Introduction and Background chapter will
describe the background and timeline for the
property, the planning process, and the project
purpose.
» The Site Inventory and Analysis chapter will
include the site survey and geotechnical analysis
completed during the previous project task,
detailed maps and tables, along with site photos
and descriptions of the existing conditions of the
site, the agencies and organizations that have
been involved with managing and restoring the
site, and the projects that have been completed.
A summary of public and stakeholder input
will be included in the analysis. Consideration
of conceptual design alternatives and outward
threats and forces that may impact the site will be
described.
» In the Development Plan chapter, recreational
facilities and access infrastructure will be
described in maps, diagrams, and imagery to
clearly describe the physical infrastructure to be
rebuilt on the site. Design will be at the level of
conceptual or schematic design drawings, with
civil engineering and stormwater management
design and considerations included.
» The ecological management recommendations
and restoration plan will be described in
the Natural Resources Restoration and
Management Plan chapter. Guidelines and
specific recommendations, such as habitat zones
for prairie, oak savanna, floodplain forest, and
passive recreation areas will be included.
» The Implementation and Phasing chapter will
include projects, timeline for implementation,
responsible parties and partnerships, cost
estimates, and funding opportunities. An
operations and management plan will describe
how the improvements will be managed over the
coming decades to be a success for the natural
landscape and the park use.
The site inventory and analysis will provide critical information
that will form a baseline for subsequent planning. Site photos will
help illustrate key landscape features, and mapping will be used to
identify a host of landscape and vegetation features.
VIII-12
27 Understanding & Approach
[1d] Integrated and Collaborative
Engagement
Our process proposes a robust and comprehensive
public engagement and participation process in
order to develop a strong master plan that has
buy-in from multiple partners and members of the
general public, many of whom are existing and
potential future users of the park. We anticipate
developing a plan for public engagement early on in
the project schedule. This plan will help the planning
team identify key stakeholders and potential
meeting times with them. These stakeholders will
be able to provide the planning team with a better
understanding of the multiple layers of ongoing
efforts in Lake Rebecca Park.
The general public will be engaged through online
methods and potential pop-up meetings or events.
Information regarding the project timeline, grant
funding, and overall goals and objectives will be
shared with the public through these methods, and
feedback will also be collected related to current
use of the site, and issues and opportunities for
improvements.
Stakeholders that should be engaged during the
process could include, but are not limited to, the
following agencies and organizations: Minnesota
Department of Natural Resources, U.S. Army Corps
of Engineers Forestry Division, Friends of the
Mississippi River, Dakota County, the Vermillion River
Watershed JPO, and potentially others as needed.
These groups hold valuable knowledge of the site
and can offer opportunities for natural resources
and development site work.
Public survey and outreach services provided will
include writing and hosting of an online survey,
potential use of an online interactive mapping
tool, development of digital and print promotional
materials (flyers, postcards, press release etc.),
evaluation and summarizing of the input in a
graphic format, and stakeholder meeting agendas
and notes.
Our engagement process includes a design
workshop (charrette) that will be focused on
collaboration and idea generation involving the
design team and multiple agency stakeholders and
client representatives, as available. The workshop
will be a two to four hour, in-person session, of
which the outcome will be multiple design sketches
and a list of creative vision and implementation
ideas. Prior to or during the workshop, we will
research and explore creative and unique design
solutions, such as the Tiny Forests concept for
ecologically and habitat rich forest ecosystems in
concentrated areas.
Stakeholder engagement with key stakeholders may
include meetings during the construction design
and development to address specific questions and
issues as they arise.
Online engagement, pop-ups at community events, and a
design workshop are all part of the HKGi/EOR team’s proposed
engagement process for this project.
VIII-12
28 Lake Rebecca Park Master Plan and Improvements - City of Hastings
Phase 2 - Development of Construction Documents for Project Implementation
The second phase of the project is meant to be the
implementation work that is recommended and
guided by the master plan. This phase of the project
may begin toward the middle or end of the master
planning process, over the winter of 2023-2024, if
there is substantial agreement on specific site design
tasks and direction of the park improvements.
[2a] Design Development
Our team will develop design drawings for proposed
infrastructure that will be based on previous
conversations held with project stakeholders, the
city, and the public. This infrastructure is anticipated
to include the boat launch, parking lot, and trails,
along with updated cost estimates. We will develop
an overall plan layout that will identify pedestrian,
bike, and vehicle circulation routes, consider
creative and unique boat launch design solutions,
recommend amenities, and plan for site wayfinding,
including acknowledgment of state funding as
required. Creative design solutions explored during
the design workshop and site analysis may impact
how the recreational infrastructure relates to each
other and to Lake Rebecca in order to provide the
best recreational experience and highest quality
natural resource habilitation envisioned. Natural
resource restoration plans will be developed for the
larger portions of the site that identify projects to be
completed during 2024 and 2025.
[2b] Construction Documentation
Following conversations with city staff and other
organizations, as needed, we will develop a draft
construction document set and subsequent final
set ready for bidding. Part of the deliverables for
the Construction Documentation set will be a Site-
Specific Ecological Restoration and Management
Plan. Our team will utilize and follow the Board
of Soil and Water Resources “Native Vegetation
Establishment and Enhancement Guidelines,”
including contribution to a report that ensures
all requirements are met or exceeded. Working
with the city staff, our team will prepare general,
supplemental, and technical specifications for the
construction design package. A final cost estimate
will be created that incorporates updated design
specifications. As part of the master plan document,
we will update the operations and maintenance
plan that identifies tasks and expectations for long-
term success of the project improvements.
[2c] Bidding & Construction
Administration
The final task in the proposed process will be the
preparation of final bid documents, ready for
posting on the appropriate channels for public
bidding. Our team will work with the city to
manage the bidding process. Following selection
of a contractor, we will host a pre-construction
meeting, complete construction staking, and
conduct construction administration during project
installation. This task may begin in the early part of
2024, and continue into June of 2025. All project
work must be completed in June of 2025.
HKGi and EOR staff members are experienced at providing
construction administration and are committed to acting as the
client’s advocate to ensure that construction proceeds according to
plan.
VIII-12
29 Fee & Schedule
PROPOSED FEES & SCHEDULE
Proposed Fees
PROJECT PHASE PROPOSED FEE
[1a] General Project Management and Communication $7,500
[1b] Site Analysis $20,400
[1c] Master Planning & Schematic Design $22,500
[1d] Integrated and Collaborative Engagement $10,700
[2a] Design Development $18,200
[2b] Construction Documentation $23,800
[2c] Bidding and Construction Administration $18,900
Project Expenses (mileage + printing) $1,000
Total Fees for all projects described in the proposal $123,000
Project Contingency for Potential Additional Services, if needed $24,000
2023 2024 2025
Task SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN
Phase 1 - Development of Master Plan
[1a] General Project Management and
Communication
[1b] Site Inventory and Analysis
[1c] Master Planning and Schematic Design
[1d] Integrated and Collaborative
Engagement
Additional engagement as needed during design phase
Phase 2 - Development of Construction Documents for Project Implementation
[2a] Design Development
[2b]
Construction
Documentation
[2c] Bidding and Construction Administration
Fee Proposal Notes
Our fees reflect efficiencies
during Phases 1a and 1d,
where the existing HKGi project
management contract may
allow duties to be split between
the master planning and project
management contracts.
The project management
team will incorporate a
contingency fund to account
for potential additional tasks,
such as delineation, soil
borings, permitting, electrical
design, including lighting,
additional engagement,
floodplain modeling, and
material and performance
testing (composition, densities,
compaction) during construction.
Project Schedule
VIII-12
CREATINGPLACESTHAT ENRICHPEOPLE’S LIVES
VIII-12
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 16, 2023
Item: Surplus Property
Council Action Requested:
Declare Dakota Hills Park playground equipment and swings as surplus property and
authorize sale or disposal of same.
Background Information:
The City of Hastings is the owner of playground equipment and swings located within
Dakota Hills Park. The equipment has served its useful life for the residents of Hastings
and is being replaced with new equipment.
Most often when playground equipment is replaced, the contractor completing the new
installation removes the old equipment and charges the City a fee to complete that work.
There is a possibility to sell this equipment, as is, where is, which would eliminate any
extra costs to the City for removal. If a sale is not possible, this equipment will be disposed
of.
Financial Impact:
If a sale is possible, a minimal amount of revenue will come back to the City, but more
importantly the City will not incur costs for removal.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
▪ Resolution with pictures of current equipment for sale.
VIII-13
HASTINGS CITY COUNCIL
RESOLUTION NO.________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
DECLARING EXCESS PROPERTY.
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, the City of Hastings is the owner of personal property (“Property”)
currently located within Dakota Hills Park including the playground equipment and swings
pictured in the attached Exhibit A; and
WHEREAS, the City has undertaken to replace the Property with other playground
equipment and has determined that there is no viable public use for said Property.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
The Property is declared excess and the City Administrator is authorized to sell the
Property in manner set forth in Section 32.04(C) of the Hastings City Code, or dispose of
the property.
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 October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk (City Seal)
VIII-13
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of
October, 2023, as disclosed by the records of the City of Hastings on file and of record in
the office.
________________________________
Kelly Murtaugh,
City Clerk (SEAL)
VIII-13
EXHIBIT A
PICTURES OF EXCESS PROPERTY
Dakota Hills Park Playground Equipment
VIII-13
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 16, 2023
Item: Corrective Trail Easement
Council Action Requested: Approve corrective trail easement for a portion of the
Vermillion River Trail.
Background Information: A trail easement was recorded for a portion of the
Vermillion River Trail which runs between the Vermillion River and State of
Minnesota Property both north and south of 18th Street East. During planning
processes for the upcoming jurisdictional control transfer of the Vermillion River
Regional Greenway Trail, it was discovered the easement granted was not
accurate. This is a correction of that easement.
Staff recommend approval to correct the trail easement.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
▪ Corrective Trail Easement Agreement
VIII-14
1
• TRAIL EASEMENT •
This agreement (hereinafter “Easement” or “Agreement”) made this ________ day of
_______________ , 2023, between the State of Minnesota, sovereign entity
(hereinafter “Grantor”), acting by and through its Department of Administration, and the City of
Hastings (hereinafter “Grantee”).
Recitals
A. Grantor’s Commissioner of Administration has authority under the provisions of
Minnesota Statutes Section 16B.26, and Minnesota Rules 1245.0300 thereto, to grant easements
over certain state owned property;
B. Grantor and Grantee entered into an Easement for trail and utility purposes on March
11, 2016, recorded on April 4, 2016 as Document No. 3121173, at the Office of the County
Recorder, Dakota County, Minnesota.
C. When preparing to complete corrective action to address drainage issues on the trail,
the Grantee discovered that the location of the trail improvements were outside the original legal
description in the original 2016 easement.
D. The Grantee seeks to take corrective action to address the trail and wishes to acquire an
additional easement area from the State of Minnesota for the purposes of constructing,
maintaining and using a trail for public passage by foot, ski, snowshoe, and non-motorized
bicycle (“Additional Trail Easement”) over, across and upon the land legally described in the
attached Exhibit A, the contents of which are incorporated herein by reference, all of which lands
are situated in Dakota County, Minnesota, (hereinafter referred to as the “Additional Easement
Area”);
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E. Grantor desires to grant to the Grantee an easement subject to the terms and
conditions contained herein and restricted by easements, reservations and restrictions of record.
Terms of Easement
For and in consideration of all the covenants, terms and conditions herein contained, and intending
to be legally bound hereby, the parties agree to the following terms and conditions:
1. Grant of Easement.
1.1 Trail Easement For and in consideration of the sum of One Dollar ($1.00), the
receipt of which is hereby acknowledged and in consideration of the promises,
conditions, and covenants contained herein, Grantor hereby grants a non-
exclusive easement to construct and use a trail for public passage by foot, ski,
snowshoe, and non-motorized bicycle over, across, and upon that portion of the
Easement Area described as the Perpetual Trail Easement on Exhibit A.
1.2 As Is. Grantor provides no warranties of any kind pertaining to the Easement
Area. Grantee takes the Easement Area “as is” in its existing physical condition.
Further, Grantor makes no warranty or representation as to the safe condition of
Easement Area or the suitability of said Easement Area for the purposes set forth
in Section Two. Grantee provides no warranties regarding title to the Easement
Area.
1.3 Non-Exclusive. This easement shall be granted subject to and restricted by
easements, reservations and restrictions, whether recorded or unrecorded.
2. Use of Easements. The purpose of the Easement is to provide non-exclusive use of
the Easement Area as follows:
2.1 Use of Additional Easement Area . The purpose of the Additional Easement Area
is to provide non-exclusive use of the Easement Area for public trail purposes
where the trail is built. This Trail Easement shall only be used to survey, excavate
for, construct, install, operate, maintain, use, rebuild and remove the trail in
compliance with the purposes, terms and conditions set forth in this Agreement.
Said use is not exclusive and Grantor reserves the right to allow the Easement Area
to be used by itself or others provided that such use does not interfere with
Grantee’s authorized use of the Easement Area or in any way damage Grantee’s
sewer line or the Improvements located throughout the Easement Area. The rights
granted pursuant to this Trail Easement shall at all times be exercised in such a
manner as not to interfere materially with the normal operation of the Grantor’s
Property and the operations conducted therein. Access in the Easement Area by
motorized vehicles, including, without limitation, snowmobiles, dirt bikes,
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motorcycles and all-terrain vehicles, shall be prohibited; and littering, picking or
injuring plants or trees, injuring or harassing livestock or wildlife, building of fires,
hunting and trapping shall be prohibited. Grantee shall post the trail with notices
stating the rules and regulations governing its use by the public, and stating further
that the property over which it passes is private.
3. Revocation of Easement. The Trail Easement shall each be revocable by written notice
given by the Grantor if at any time the Easement Area ceases to be used for the purposes stated
herein or in accordance with the terms and conditions of this Easement. Such notice shall be
effective ninety (90) days after the mailing thereof addressed to the record holder of this
easement at its last known address by certified mail. Upon revocation the Grantor allow a
reasonable time to vacate the Easement Area.
4. Sale or Lease of Easement Area. The Trail Easement shall run with the land and be binding
upon all successors, heirs and assigns of Grantor and Grantee.
5. Compliance with Laws. In conducting its activities hereunder, Grantee will, at its sole
expense and effort, comply with all laws, ordinances, permits, rules and regulations, enacted by
any federal, state, or local governmental agency having jurisdiction or control over any activity
occurring upon the Easement Area resulting from or applicable to usage based upon this
Easement. Grantee further agrees to obtain all required permits for its activities hereunder at its
sole expense and to comply with all such permits.
6. Restoration, Maintenance and Repair. Grantee agrees that so long as Grantee invites public
use of the trail, Grantee shall maintain the trail, discourage littering and other acts that would
encroach upon the natural features of the trail corridor or diminish its attractiveness, take steps to
educate users in trail etiquette, and include guidelines for users in maps and other trail publications.
Upon completion of construction and after any future maintenance or repair work within the
Easement Area and its respective designated access route, the Grantee shall at its expense restore
the affected Easement Area and designated access route, exclusive of those areas actually occupied
by a structure or equipment, to substantially the same condition as existed prior to such
construction, maintenance or repair.
7. Indemnification.
7.1 Each party will be responsible for its own acts and the results thereof and shall not
be responsible for the acts of any others and the results thereof. The State’s liability
shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
Statutes, Chapter §3.736 and other applicable law. Grantee’s liability shall be
limited by the provisions of Minnesota Statutes Chapter 466 and other applicable
law. The provisions of this Section shall survive the termination of this Agreement
and any subsequent amendments to it.
7.2 The Grantee agrees to require its contractor(s) to indemnify, defend and hold
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harmless Grantor, including its subsidiaries, facilities, employees, officers, agents,
successors and assigns from and against any and all claims, costs, demands,
damages, liabilities, judgments, or expenses, including attorney fees, court costs,
consultant fees and other legal costs, for any personal injury, death or property
damage arising out of or resulting from, or in any way associated with the activities
described herein of Grantee, its employees, agents, invitees, licensees, successors,
and assigns except for Grantor’s willful misconduct or negligence.
7.3 The obligations set forth in this section shall continue after any termination of this
Agreement as to any matters that occurred during or resulted from the term of this
Agreement.
8. Insurance During Construction. Prior to any commencement to excavate, construct,
install, operate, maintain, use, rebuild, remove, or any activities that may constitute a
modification under or across the Easement Area Grantee shall either (i) at its sole cost and
expense, procure and maintain the insurance coverage stated below or (ii) arrange for a third
party contractor (hereinafter “Contractor” or “Subcontractor”) to procure and maintain the
insurance coverage to cover claims which may arise from any construction-related activities in
the Easement Area and Temporary Easement Area, whether such construction-related activities
are by the Contractor, their Subcontractor, or by anyone directly or indirectly employed under
this Agreement.
The Contractor shall not commence work under the Agreement until all the insurance described
below has been obtained and the State of Minnesota has approved such insurance.
All policies shall remain in force and effect throughout the period of construction.
8.1 Requirements for the Contractor The insurance policy(ies) shall be primary and
non-contributory insurance to any other valid and collectible insurance available to
the state of Minnesota with respect to any claim arising out of this Agreement.
The Contractor is responsible for payment of insurance premiums and deductibles
related to this Agreement.
Insurance Companies must have an AM Best rating of A- (minus) and a Financial
Size Category of VII or better, and be authorized to do business in the State of
Minnesota.
Certificates of Insurance acceptable to the State of Minnesota shall be submitted prior to commencement of the work under this Agreement. Such Certificates shall contain a provision that coverage afforded under these policies shall not be cancelled without at least thirty (30) days advanced written notice to the State.
8.2 Notice to the Contractor The failure of the State of Minnesota to obtain
Certificate(s) of Insurance for the policies or renewals thereof or failure of the
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insurance company to notify the State of the cancellation of policies required under this Agreement shall not constitute a waiver by the State to the Contractor to provide such insurance.
The State will reserve the right to immediately terminate the Agreement if the
Contractor is not in compliance with the insurance requirements. In the event of a
claims dispute, all insurance policies must be open to inspection by the State, and
copies of policies must be submitted to State’s authorized agent upon written
request.
8.3 Notice to Insurer The Contractor’s insurance company waives its right to
assert the immunity of the State as a defense to any claims made under said
insurance. Contractor’s insurance company is notified that the liability of their
policyholder is not limited by statute, and as a result, they are precluded from
limiting claim payments based on any assumption that they are protected by
immunity of the State.
8.4 Policy Requirements
8.4.1 Workers’ Compensation Insurance Contractor shall provide workers’
compensation insurance for all employees and shall require any
Subcontractor to provide workers’ compensation insurance in accordance
with the statutory requirements of the State of Minnesota and must include:
a. Part 2, Employers Liability including Stop Gap Liability for monopolistic states, at limits of not less than: $100,000 – Bodily Injury by disease per employee $500,000 – Bodily Injury by disease aggregate $100,000 – Bodily Injury by accident b. Coverage C: All States Coverage c. If applicable, USL&H, Maritime, Voluntary and Foreign Coverage.
d. A waiver of subrogation in favor of the State of Minnesota, as
Owner.
If Contactor is self-insured for its obligation under the Workers’
Compensation Statutes in the jurisdiction where the project is located, a
Certification of the Authority to Self-Insure such obligations shall be
provided.
Evidence of Subcontractor insurance shall be filed with the Contractor.
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8.4.2 Automobile Liability Insurance The Contractor shall maintain insurance
to cover liability arising out of the operations, use, or maintenance of all
owned, non-owned, and hired automobiles.
a. Minimum Limits of Liability: $2,000,000 per occurrence
combined Single Limit Bodily Injury and Property Damage
b. Coverages:
i. Owned Automobile
ii. Non-owned Automobile
iii. Hired Automobile
iv. Waiver of subrogation in favor of the State of Minnesota
8.4.3 Commercial General Liability The Contractor shall maintain insurance to
cover claims arising from operations under this Agreement, whether such
claims are by the Contractor, Subcontractor, Sub-Subcontractor or by
anyone directly or indirectly employed under this Agreement.
a. Minimum Limits of Liability:
i. $2,000,000 - Per Occurrence
ii. $2,000,000 - Annual Aggregate
iii. $2,000,000 - Annual Aggregate applying to Products and
Completed Operations
iv. $50,000 - Fire Damage (any one fire)
v.$5,000 - Medical Expense (any one person per occurrence)
b. Coverages:
i. Premises and Operations Bodily Injury and Property Damage
ii. Personal Injury & Advertising Injury
iii. Products and Completed Operations Liability
iv. Contractual Liability as provided in ISO form CG 00 01 10 01
or its equivalent.
v. Pollution exclusion with standard exception as per Insurance
Services Office (ISO) Commercial General Liability Coverage
Form – CG 00 01 10 01 or equivalent
vi. Explosion, Collapse, and Underground (XCU) perils
vii. Broad Form PD
viii. Independent Contractors – Let or Sublet work ix. Waiver of Subrogation in favor of the State of Minnesota x. Owner named as an Additional Insured, by endorsement, ISO Forms CG 20 10 and CG 20 37 or their equivalent for claims arising out of the Contractor’s negligence or the negligence of those for whom the Contractor is responsible.
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8.4.4 Umbrella or Excess Liability An Umbrella or Excess Liability insurance
policy may be used to supplement the Contractor’s policy limit to satisfy
the full policy limits required by the Agreement.
Notwithstanding anything contained herein to the contrary, during the term of this Agreement, the
Grantor may at any time make changes respecting the insurance requirements as necessary to be
consistent with the State’s risk management policies and recommendations. In the event Grantee
desires to make any modification to the Easement Area, Grantee shall notify Grantor of such intent
in writing. Grantor shall provide Grantee any revisions to the aforementioned insurance
requirements as reasonably determined by Grantor to meet the State’s risk management policies
and recommendations. Grantee shall provide proof of insurance as required by Grantor, at least
three (3) days prior to any modification or construction-related activity to the Easement Area.
9. Damages. The Grantee shall take all reasonable precautions to prevent any damage to the
Easement Area and shall fully reimburse the State of Minnesota for any damages resulting from
its use of said Easement Area . The Grantee shall be responsible for the cost of repairing any
equipment or facilities in the Easement Area that it or its equipment damages.
10. Public Health and Safety. The Grantor may, at any time, order changes or modifications
respecting the construction or maintenance of structures, use, or other conditions of this
Easement as deemed necessary to protect public health and safety. This does not relieve the
Grantee of any obligations under this Easement.
11. Assignment. This Easement shall not be assignable by the Grantee except upon written
consent of the Grantor’s Commissioner of Administration.
12. Assessments. The Grantee agrees that the Grantor shall not be liable for assessments for
any current or future improvements associated with this Easement.
13. Term of Easement. This Easement shall continue in effect for as long as the Easement
Area is used for the purposes stated herein or until canceled by Grantor, subject to change or
modifications as provided herein above.
14. Access. The grant of an easement herein contained shall include the right of Grantee to
have reasonable access to said Easement Area across other land of State of Minnesota adjacent
thereto, said access route to be designated by Grantor as needed within a reasonable time
following receipt of any written request of Grantee, its contractors, agents or assigns, for such
temporary access rights.
15. Recording. On or before ten (10) days after receipt of the executed Easement, Grantee
shall file the Easement for recording with the Office of the County Recorder in which the
Easement Area is located. On or before ten (10) days after receipt of the recorded Easement,
Grantee shall provide to Grantor a copy of such recorded Easement.
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16. Existing Utilities. Grantee acknowledges that there may be utilities located within the
Easement Area and takes full responsibility for determining their location to prevent damage to
or interference with any rights held by other easements holders, whether those rights are held
under recorded or unrecorded easements, and to determine that the location of the Easement
Area is suitable for Grantee’s purposes.
17. Relocation Of Existing Facilities. When working in the Easement Area, Grantee shall
not interfere with the safety and convenience of ordinary travel along and over the Easement
Area nor interfere with other uses to which the Easement Area may be put by Grantor or with
other facilities that are already in place. Grantee shall promptly and at its own expense,
permanently remove and relocate its Improvements in the Easement Area when it is necessary to
prevent interference and not merely convenience of the Grantor, in connection with: (a) a present
or future governmental use for a public project; (b) the public health or safety; or (c) the safety
and convenience of travel over the Easement Area.
18. Notification. Grantee must obtain the written approval of Grantor prior to conducting
any work in the Easement Area. Notwithstanding the foregoing, the Grantee shall immediately
notify the Grantor of any event regarding its Improvements that it considers an emergency.
Grantee may proceed to take whatever actions are necessary in order to respond to the
emergency subject to compliance with applicable laws. Grantor may take whatever action it
deems necessary in order to respond to any event regarding Grantee’s Improvements that it
considers an emergency, the cost of which shall be borne by the Grantee.
19. Coordination of Work. On or before thirty (30) days prior to beginning construction in
the Easement Area, Grantee shall provide a detailed project schedule to the Grantor for work to
be completed in the Easement Area. Thereafter, on or before the 1st of each month until final
completion of the Improvements, Grantee shall provide an updated project schedule to the
Grantor for work to be completed in the Easement Area. In addition, on or before 2:00pm
Central Time on each Friday until final completion of the Improvements, the Grantee shall
provide a current two (2) week look ahead schedule to the Grantor for work to be completed in
the Easement Area. Grantee agrees to coordinate work schedules reasonably in advance with the
Grantor, and cause its contractors and suppliers to stage and schedule work and deliveries so as
to minimize the impact on state government operations, to the fullest extent practical. Grantor
shall notify Grantee in writing if any scheduled work will interfere with essential state
government operations.
20. Notice to Proceed. On or before thirty (30) days prior to beginning construction on state-
owned property, the Grantee shall provide written requests to proceed with specific work. Each
request shall include a detailed description of the work, schedule, and specific location. Each
written request shall not be submitted more than forty five (45) days prior to beginning the
specified work in the specified location. Each written request shall include a detailed description
of the work to be performed, schedule, and specific location of the work. On or before (10)
business days from receipt of such request, the Grantor shall provide, in writing, any required
changes to the schedule.
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21. Modifications. All proposed modifications to the Improvements must be submitted to the
Grantor, together with applicable plans and a detailed written description of the modifications
(hereinafter referred to as the “Modifications”). If in the opinion of the Grantor the proposed
Modification will adversely affect the Grantor, the Grantor shall send written notice to the
Grantee detailing the reasons thereof. All such work shall be deemed to have no adverse effect if
the Grantor has not provided written notice indicating an adverse effect by the date that is 15
business days after receipt by the Grantor of the Grantee’s submittal. Upon receipt of written
notice indicating the Grantor’s notice that, in its opinion, proposed Modifications will have an
adverse effect on the Grantor, the Grantee may either submit revised plans to the Grantor or
provide written notice disputing the claim of adverse effect.
22. Notices. All notices or communications between Grantor and Grantee shall be deemed
sufficiently given or rendered if in writing and delivered to either party personally; or if mailed
by United States registered or certified mail to the addresses set forth below, or such future
addresses as may be subsequently supplied by the parties hereto to each other, return receipt
requested, postage prepaid; or if transmitted by facsimile copy followed by mailed notice; or if
deposited cost paid with a nationally recognized, reputable overnight courier, properly addressed
as follows:
Grantee: City of Hastings
Public Works
1225 Progress Drive
Hastings, MN 55033
Attn: City Engineer
Grantor: Minnesota Dept. of Administration
Real Estate & Construction Services
50 Sherburne Avenue, Room 309
St. Paul, MN 55155
Attn: Director of Real Estate and Construction Services
[The Remainder of this Page is Intentionally Left Blank]
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IN WITNESS WHEREOF, the parties hereto have set their hands on the date(s) indicated
below intending to be bound thereby.
GRANTEE
CITY OF HASTINGS
BY:
TITLE: Mayor
DATE:
BY:
TITLE: City Clerk
DATE:
STATE OF MINNESOTA }
} ss.
COUNTY OF DAKOTA }
The foregoing was acknowledged before me this day of , 2023,
by , the mayor of the City of Hastings, a body politic and corporate
under the laws of Minnesota.
NOTARY PUBLIC
BY:
STATE OF MINNESOTA }
} ss.
COUNTY OFDAKOTA }
The foregoing was acknowledged before me this day of , 2023
by , the city clerk of the City of Hastings, a body politic and corporate
under the laws of Minnesota.
NOTARY PUBLIC
BY:
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APPROVED:
DEPARTMENT OF VETERANS AFFAIRS
BY:
TITLE:
DATE:
GRANTOR
STATE OF MINNESOTA
DEPARTMENT OF ADMINISTRATION
COMMISSIONER
BY:
Commissioner of Administration
DATE:
STATE OF MINNESOTA }
} ss.
COUNTY OF }
The foregoing was acknowledged before me this day of , 2023,
by , Commissioner of Administration, on behalf of the State of
Minnesota.
NOTARY PUBLIC
BY:
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EXHIBIT A
LEGAL DESCRIPTION AND DEPICTION
Vermillion River Greenway
PID# 19-03400-01-013
State of Minnesota
Legal Description for Permanent Easement
That part of the West Half of the Northeast Quarter of Section 34, Township 115 North, Range
17 West, Dakota County, Minnesota described as follows:
Commencing at the northeast corner of Parcel 1, City of Hastings Right of Way Map No.
5, according to the recorded map thereof; thence North 87 degrees 57 minutes 10 seconds
West, assumed bearing along the north line of said Parcel 1 a distance of 150.33 feet to
the point of beginning; thence North 07 degrees 47 minutes 10 seconds East along a the
westerly line of an easement described in Document Number 3121173, a distance of
173.00 feet; thence South 14 degrees 10 minutes 57 seconds West a distance of 176.07
feet to said north line of Parcel 1; thence South 87 degrees 57 minutes 10 seconds East
along said north line a distance of 19.71 feet to the point of beginning.
Also:
Commencing at the southeast corner of said Parcel 1; thence North 87 degrees 57 minutes
10 seconds West, assumed bearing along the south line of said Parcel 1 a distance of
164.33 feet to the point of beginning; thence South 03 degrees 22 minutes 07 seconds
West along the westerly line of an easement described in Document Number 3121173, a
distance of 141.99 feet; thence North 07 degrees 26 minutes 33 seconds West a distance
of 143.92 feet to said south line of Parcel 1; thence South 87 degrees 57 minutes 10
seconds East along said south line a distance of 27.00 feet to the point of beginning.
Said easement areas contain approximately 3,614 square feet.
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LEGEND
DENOTES CITY RIGHT OF WAY LINE
DENOTES EXISTING EASEMENT
DENOTES PROPOSED NEW EASEMENT LINE
DENOTES PROPOSED EASEMENT AREA
ADDITIONAL EASEMENT AREA EXHIBIT
VERMILLION RIVER GREENWAY
EXHIBIT IS NOT TO SCALE
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State of Minnesota
General Obligation Bond Financed Property
DECLARATION
The undersigned has the following interest in the real property located in the County of
Dakota, State of Minnesota that is legally described in Exhibit A attached and all facilities situated
thereon (collectively, the “Restricted Property”):
(Check the appropriate box.)
x a fee simple title,
a lease, or
an easement,
and as owner of such fee title, lease or easement, does hereby declare that such interest in the
Restricted Property is hereby made subject to the following restrictions and encumbrances:
A. The Restricted Property is bond financed property within the meaning of Minn. Stat.
Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such
statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without
the approval of the Commissioner of Minnesota Management and Budget, which
approval must be evidenced by a written statement signed by said commissioner and
attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise
dispose of the Restricted Property; and
The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond
Financed Declaration for 125% of the useful life of the Restricted Property or until the Restricted
Property is sold with the written approval of the Commissioner of Minnesota Management and
Budget, at which time it shall be released therefrom by way of a written release in recordable form
signed by both the Commissioner of Administration and the Commissioner of Minnesota
Management and Budget, and such written release is recorded in the real estate records relating to
the Restricted Property. This Declaration may not be terminated, amended, or in any way modified
without the specific written consent of the Commissioner of Minnesota Management and Budget.
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______________, a political subdivision of the State of
Minnesota
By: _________________________
Title: _________________________
Dated: __________________, 20__
By: _________________________
Title: _________________________
Dated: __________________, 20__
STATE OF MINNESOTA )
) ss
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _______ day of
_____________, 20__, by _____________, the _____________, [insert name and title of first
signatory] and _______________, the ________________ [insert name and title of second
signatory], respectively, of ______________________, a political subdivision of the State of
Minnesota.
____________________________
Notary Public
This instrument was drafted by (name and address):
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Exhibit A to Declaration
LEGAL DESCRIPTION OF RESTRICTED PROPERTY
Legal Description for Permanent Easement
That part of the West Half of the Northeast Quarter of Section 34, Township 115 North, Range 17
West, Dakota County, Minnesota described as follows:
Commencing at the northeast corner of Parcel 1, City of Hastings Right of Way Map No. 5,
according to the recorded map thereof; thence North 87 degrees 57 minutes 10 seconds West,
assumed bearing along the north line of said Parcel 1 a distance of 150.33 feet to the point of
beginning; thence North 07 degrees 47 minutes 10 seconds East along a the westerly line of an
easement described in Document Number 3121173, a distance of 173.00 feet; thence South 14
degrees 10 minutes 57 seconds West a distance of 176.07 feet to said north line of Parcel 1; thence
South 87 degrees 57 minutes 10 seconds East along said north line a distance of 19.71 feet to the
point of beginning.
Also:
Commencing at the southeast corner of said Parcel 1; thence North 87 degrees 57 minutes 10
seconds West, assumed bearing along the south line of said Parcel 1 a distance of 164.33 feet to
the point of beginning; thence South 03 degrees 22 minutes 07 seconds West along the westerly
line of an easement described in Document Number 3121173, a distance of 141.99 feet; thence
North 07 degrees 26 minutes 33 seconds West a distance of 143.92 feet to said south line of Parcel
1; thence South 87 degrees 57 minutes 10 seconds East along said south line a distance of 27.00
feet to the point of beginning.
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 16, 2023
Item: Tourism Bureau Agreement
Council Actions Requested:
• Approve a two-year agreement (January 1, 2022 through December 31, 2025) with the Hastings
Area Chamber of Commerce to continue funding a Tourism Bureau for the purpose of marketing
and promoting Hastings as a tourist destination.
• Approve the Tourism Bureau’s budget proposal for 2024.
Background Information:
For over 20 years, the City and Chamber of Commerce have partnered to fund a Tourism Bureau for the
purposes of marketing and promoting the City as a tourist destination. This partnership is permitted under
State Statute 469.190 and also permits the City to impose a 3% lodging tax to fund these efforts. As
required under the statute, 95% of the gross proceeds received from the lodging tax go to support the
Tourism Bureau. The Tourism Bureau’s annual budget is to be submitted for approval by the City each
year.
In 2015, the Tourism Bureau Agreement was updated by the City and the Chamber with the intent that it
be reviewed every two years. The most recent two-year agreement was for 2020-2021. Since the
agreement has expired, it needs to be renewed as well as an extension for the next two-year (2024-2025)
cycle.
Financial Impact:
Under the agreement, the City pays to the Chamber 95% of the gross proceeds received from the lodging
tax. State statute requires this to be provided to the Tourism Bureau. The amount is approximately
$70,000, projected to increase with the recent opening of The Confluence.
Attachments:
• Tourism Bureau Agreement (2022-2025)
• 2023-2024 Marketing Plan and Budget Overview
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TOURISM BUREAU AGREEMENT
THIS AGREEMENT made between the City of Hastings, a Minnesota Municipal
Corporation (hereinafter “the City”), and the Hastings Area Chamber of Commerce, a Minnesota
Non-Profit Corporation (hereinafter “the Chamber”).
WHEREAS, pursuant to Minn. Stat. §469.190, the City has enacted an ordinance
imposing a three percent lodging tax in order to fund a Tourism Bureau for the purpose of
marketing and promoting the City as a tourist destination; and
WHEREAS, the Chamber has resolved to establish and maintain a Tourism Bureau with
a sufficient facility and staff to carry out the objectives of promoting the City as a tourist
destination.
NOW, THEREFORE, the parties hereto agree as follows:
1. Tourism Bureau. The Chamber agrees to create and maintain the Hastings
Tourism Bureau (hereinafter “the Bureau”). The Bureau shall consist of a Board of Advisors, an
Executive Director, and employed staff. The Board of Advisors shall have up to ten members,
two of whom shall be appointed by the Hastings City Council, with the remaining eight members
being appointed by the Chamber Board. The Chamber shall use its best efforts to appoint up to
four of its appointees from the lodging industry in Hastings. The Chamber’s appointees to the
Board of Advisors shall initially serve staggered terms, with two Advisors being appointed for
one year, two Advisors being appointed for two years, and four Advisors being appointed for
three years. The City’s appointees shall be appointed for three years. If appointments after
resignations or vacancies would result in non-staggered terms, the Chamber or the City, as the
case may be, may subsequently appoint Advisors for terms less than three years to implement
staggered terms. The president of the Chamber shall serve as the Executive Director of the
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Bureau. The Chamber after consulting with the Board of Advisors shall have the power to hire
staff and to lease, rent or purchase equipment or space as required for the Bureau to carry out its
obligations hereunder.
2. Tourism Marketing Services. The Bureau shall develop and administer
programs to advance the economic impact of tourism in the City by attracting visitors,
conventions, meetings, trade shows and other like events. The Bureau shall develop and
administer such programs in accordance with approved marketing plans developed and/or
revised annually by the end of September.
3. Charges. All services provided pursuant to paragraph 2 of this Agreement shall
be without charge to the person or organization using such services except to cover out-of-pocket
expenses and any cost of administration as the Bureau deems appropriate.
4. Budget. The Chamber shall submit its annual operating budget for the Bureau for
approval by the City by the end of September. Such budget shall detail the uses to which funds
shall be spent to provide the services described in paragraph 2 of this Agreement.
5. Funding. The City shall remit monthly to the Chamber 95% of the City’s gross
proceeds received from the lodging tax imposed under City ordinance.
6. Verification of Expenditures. The Chamber shall submit to the City a copy of
the Bureau’s quarterly financial statements, itemized and verified by the Executive Director of
the Bureau. The City shall have the right of access to the books and records of the Bureau at
anytime during normal business hours in order to audit any item of revenue or expenditure.
7. Audit. The Chamber shall have an annual financial audit of the Bureau
performed by an independent certified public accounting firm. The Chamber shall furnish a
copy of this annual financial audit to the City at no cost to the City.
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3
8. Indemnification. The Chamber agrees to indemnify, defend and hold the City
harmless from any claims, demands, actions or causes of action arising out of any act or
omission on the part of the Chamber, its agents, servants or employees in the performance of, or
with relation to, any of the work or services performed or furnished by the Chamber or the
Bureau under this Agreement.
9. Insurance. The Chamber shall carry appropriate insurance to cover its
employees and agents while performing services for the Chamber or for the Bureau pursuant to
this Agreement. Such insurance shall provide comprehensive general liability and property
damage coverage in such amounts as are comparable with the applicable limits of liability to
which the City may be held pursuant to Minnesota Statutes as the same may be amended from
time to time. The Chamber shall also carry workers compensation coverage as required under
Minn. Stat. Chapter 176.
10. Term of Agreement. The Term of this Agreement shall begin on January 1,
2022 and shall terminate on December 31, 2025 provided either party may terminate the
agreement following six months advance written notice given by either party to the other party of
their intent to terminate this Agreement.
11. Modifications to Agreement. Any alteration, variation, modification or waiver
of any provision of this Agreement shall be valid only after it has been reduced to writing and
duly signed by the parties hereto. This Agreement constitutes the entire Agreement between the
parties and supersedes all prior oral or written documentation/negotiations relating to the subject
matter hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
below given.
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Dated: , 2023 CITY OF HASTINGS
BY:
Mary D. Fasbender, Mayor
BY:
Kelly Murtaugh, City Clerk
Dated: , 2023 HASTINGS AREA CHAMBER OF COMMERCE
BY:
Its: Chair
BY:
Its: President
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2023 – 2024 Marketing Plan
This marketing plan document is intended as a guideline for tourism promotional efforts during the
year. It was set based on current tourism trends, feedback from local tourism based businesses
including lodging and recommendations from the Hastings Tourism Assessment Report.
Executive Summary:
Income:
Based on previous year’s, $75,000 is budgeted for anticipated lodging tax revenue. This is a
conservative 7% increase being it’s the first year The Confluence Hotel is open.
Expenses:
Printing and Postage - $8,400
• $7000 is budgeted for printing and distribution the Hastings Official Visitor Guide and the
Hastings Bike Trail Map. More than half of the visitor guides are mailed to highway
information centers and tourism centers outside a 50 mile radius of Hastings. We also pay
to be in high tourism traffic areas like the Mall of America and the airport. The rest are
distributed to local tourism based businesses and mailed to visitors inquiring through the
Visit Hastings MN website, AAA and Explore MN.
Ads & Advertising (Print and Online ads) - $27,000
We will continue to promote vacation stays around seasonal activities and events. Our
target market is multi-generational travel and we plan to promote more of our regional
assets like access to the twin cities and Treasure Island. Bike trails is a big attraction for
the active lifestyle market and will continue a mix of print and targeted online ads to
promoting trails in Hastings. Our social media plan will be heavily geared towards
promoting events that visitors can enjoy.
• Minnesota Trails 4 1/6 page ads (Spring/Summer/Fall/Winter)
• Minnesota Bike and Hike Guide
Two page spread with map of Hastings paved trails featuring the 10 mile loop,
Mississippi River Trail, and Point Douglas Trail.
• Summer, Fall and Spring AAA Living - #ONLYINMN Bike Trails in MN.
Listings include a sponsored story with link to the Visit Hastings Website.
This publication circulates to over 1,030,000 readers in MN, WI, IA, ND & NE. It also
produces leads through the AAA website.
• St. Croix Valley Magazine
2 page spread with editorial.
This is the only publication that has the rights to distribute in Highway Information
Centers across Minnesota and Wisconsin.
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• Electronic billboard ad on Hwy 61 -
Educating residents on the tourism assets Hastings has to offer was a recommendation
in Hastings Tourism Assessment Report. The billboard ad is an effort to capture the
attention of Hastings residents who bring visiting friends and family to town.
• ECM online targeted ads and emails –
o Our online ads and targeted emails are separated into 2 market segments,
young families near the twins cities that would take advantage of a weekend
staycation or day trip; and recently retired couples that are more likely to plan a
mid-week stay.
• Boosted Social Media Posts
Website - $1,500
• The VisitHastingsMN.org website host fee.
Management
• A monthly management fee of $2,220.00 goes towards staff of the Hastings Tourism Bureau
office. Staff responsibilities include:
o Management of the visitors office - phone calls, ensure brochure racks are
populated with relevant material, provide welcoming experience to visitors, fulfill
publication requests, accounting
o Maintain the visithastingsmn.org website
o Populate social media
o Work with advertisers
o Coordinate and manage step on tours
o Work with community partners to create and promote experiences for visitors
o Submit tourist information on relevant websites and publications
▪ Explore MN
▪ Minnesota Monthly
o Organize and maintain records of the Tourism Board of Advisors meetings
o Maintain the tourism budget
o Create, print & distribute the Historic Hastings Visitors Guide & Hastings Trail Map
o Implement the programs suggested by the Tourism Board
$700.00 of the Chamber of Commerce and Tourism Bureau office rent is budgeted to maintain
the highly visible location needed for visitors and $150.00 a month is allocated for the phone
bill.
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Oct '23 - Sep 24
Income
Lodging Tax Revenue 75,000.00
Total Income 75,000.00
Gross Profit 75,000.00
Expense
Operating Expenses
Website Host Fee 0.00
Total Operating Expenses 0.00
Program Expenses
Tourism Bureau Expense
Website 1,440.00
Online Ads 16,450.00
Print Advertising 10,910.00
Management Fee 26,400.00
Misc. Exp. Tourism 0.00
Postage 2,400.00
Printing 7,000.00
Rent Expense 8,600.00
Telephone 1,800.00
Total Tourism Bureau Expense 75,000.00
Total Program Expenses 75,000.00
Total Expense 75,000.00
Net Income 0.00
2:11 PM Hastings Area Chamber of Commerce & Tourism Bureau
10/11/23 Profit & Loss Budget Overview
Cash Basis October 2023 through September 2024
Page 1
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: October 16th, 2023
Item: City of Hastings Emergency Operations Plan (EOP)
Council Action Requested:
Accept the updated EOP.
Background Information:
The City of Hastings’ EOP has been in existence since 2006 and is reviewed regularly. However, the plan
must be formally approved and adopted every 2 years, with the last version being approved in August of
2021. There are no new additions to the Emergency Operations Plan, but some roles and employee
positions have changed. The updated EOP reflects those changes.
Financial Impact:
None
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
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Adopted this 16th day of October, 2023,
_______________________________
Mary Fasbender, Mayor
Attest:
___________________ __
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION 10 - - 23
A RESOLUTION FOR THE ACCEPTANCE OF THE CITY OF HASTINGS
EMERGENCY OPERATIONS PLAN
WHEREAS, the City of Hastings has an Emergency Operations Plan that was
first developed in 2006; and
WHEREAS, the Emergency Operations Plan is used to assist with providing
guidance for large scale emergency operations; and
WHEREAS, the Emergency Operations Plan was last reviewed and updated in
2021; and
WHEREAS, the City of Hastings continuously strives to be prepared in the event
of a large-scale emergency.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the City of Hastings Emergency Operations Plan has been reviewed; and
2.That the Emergency Operations Plan has been updated; and
3.That the City Council approves and accepts the updated Emergency
Operations Plan.
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 16, 2023
Item: Administration of Absentee Ballots
Council Action Requested:
Approve JPA with Dakota County for Provision of Absentee Voting Administration Services
Background Information:
A workgroup with representatives from our election partners has been working over the summer
to formulate a JPA cost-share plan, under which Dakota County Elections would perform
absentee voting services. The actual draft of the JPA is pending, but Dakota County would
appreciate knowing each municipalities intent, since the JPA is based on most/all municipalities
participating.
A general description of the JPA:
1. A 2-year JPA between Dakota County and Cities and Townships.
2. Odd year School Districts will have a separate agreement for odd year service only. All
special elections would also be subject to a separate agreement.
3. FTE costs form a base cost, which is proportioned by registered voter count. Base costs
are shared annually, actual cost of absentee services would be paid in the year of election.
4. We have applied VOTER funds appropriated by the State to offset the costs of providing
this service, so the reduction is reflected in this proposal.
5. For 2024 and future even-years, the cost-share model would be as follows:
a. County assumes 55% of base costs, Cities/Townships assume 45% of base costs
b. County assumes 55% of Absentee Voting costs, Cities/Townships assume 45% of
Absentee Voting costs
6. For 2025 and future odd-years, the cost-share model would be as follows:
a. County assumes 75% of base costs, Cities/Townships assume 25% of base costs
b. Odd-year election partners assume 100% of Absentee Voting costs (unless a
shared election is held, in which case costs would be shared)
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7. Estimated costs for 2024 (two elections) and 2025 are attached. Also attached is a high-
level summary that reflects a 2-year cost for each city.
The Dakota County Elections Office believes this service has many benefits:
• It will ease the growing responsibility on City Clerks.
• It will streamline Election Night reporting as absentee ballots will already be at the
County.
• It will enhance the voter experience to have consistent and uniform handling for absentee
voting services across all jurisdictions.
In 2024, there will be three elections (Presidential Nominating Primary, Primary, General).
Absentee balloting begins 46 days prior to any election. Even with the County handling
administration of absentee ballots, the City will still have some staffing costs associated with
Election Judges, such that the net savings is estimated at $12K.
Financial Impact:
Estimate $12K savings
Committee Discussion:
City Council indicated its intent to enter the JPA 8/21/2023, pending the final document
Attachment:
JPA with Dakota County for Provision of Absentee Voting Administration Services
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2024 AB Admin Joint Powers Agreement DCA20889
Page 1 of 6
Dakota County Contract No. DCA20889 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITIES, TOWNSHIPS, AND SCHOOL DISTRICTS IN DAKOTA COUNTY FOR THE PROVISION OF ABSENTEE VOTING ADMINISTRATION SERVICES
This is a Joint Powers Agreement (“Agreement”) between the County of Dakota (“County”) and THE CITIES, TOWNSHIPS, AND SCHOOL DISTRICTS IN DAKOTA COUNTY (“Governmental Entities”) (collectively the “Parties”) entered into pursuant to Minn. Stat. §471.59, for the provision of absentee voting administration services.
Section 1 Term And Renewal
1.This Agreement shall be in effect beginning January 1, 2024, until December 31,2025, subject to automatic renewal on January 1 of each even calendar year for atwo-year term beginning January 1, 2026.
Section 2 Contract Termination
2.This Agreement may be terminated as follows:
2.1. Participation in this Agreement may be terminated without cause by the County orindividual Governmental Entity effective at the end of the initial term or renewal term by providing written notice to the Parties no later than June 1 in the year prior (the odd
year of the two-year term) to the next automatic renewal in Section 1; 2.2. This Agreement may be terminated by the County effective at the end of a renewal term by providing written notice to the Governmental Entities no later than July 15 in
the year prior to the next automatic renewal in Section 1, if the County determines, in its sole discretion, that there is an insufficient number of Governmental Entities in Dakota County participating in this Agreement to share the fixed costs of Absentee
Voting Administration between the remaining participating Governmental Entities; 2.3. The County or individual Governmental Entities may terminate their participation in this Agreement for cause by providing at least seven days’ written notice to the County and
other Governmental Entities. A party may terminate this agreement for cause due to a material breach of the terms of this Agreement, including failure to provide payment within the time specified in this Agreement. The written notice must state the intent to
terminate participation and specify the events or circumstances and relevant provision warranting termination of the Agreement or withdrawal of the individual Governmental Entity and may, in the discretion of the terminating party, contain an opportunity to cure the default. A termination for cause will not be effective for any election that will have an election day within 90 days of the termination date to ensure transition of absentee voting responsibilities;
2.4. Termination of this Agreement does not discharge any liability, responsibility, or right of the Parties that arises from the performance of, or failure to adequately perform the provisions of this Agreement prior to the effective date of termination, such as payment of an invoice for services satisfactorily performed prior to the effective date of termination. Termination of the Agreement or an individual Governmental Entity’s termination of participation does not discharge any obligation which, by its nature, would survive after the date of termination.
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Section 3 Absentee Voting Administration
3.County and the Governmental Entities agree to consolidate absentee voting administrationcountywide in accordance with the Absentee Voting Administration Division of Duties By JointPowers Agreement attached hereto as Attachment A and incorporated by reference. TheParties agree by executing the Agreement, the County Election Director and theGovernmental Entities’ Clerks may agree, in writing, to modify operational responsibilitiesidentified in Attachment A for operational efficiency and to maintain compliance with electionlaws, rules and regulations. Prior to April 1 of each calendar year, the Parties shall meet to
discuss performance of the previous year election cycle and evaluate roles and duties of theParties.
In addition to temporary staffing necessary to administer absentee voting, County will hire atleast two full-time equivalent (“FTE”) positions (Elections Systems Manager and ElectionCoordinator, or successor positions) (“FTE Costs”) to ensure sufficient resources are
available to manage the consolidated absentee voting for the County while maintainingservice levels of all other election work.
In agreeing to the consolidation of absentee voting administrative functions to ensure thesuccessful conduct of multiple, simultaneous elections in the County, the Partiesacknowledge that decisions made by the County regarding resources, procedures, andpolicies are based upon providing the same scope and level of service to all the participatingjurisdictions and the Governmental Entities recognize that such decisions, made for thebenefit of the whole, may not be subject to review by the Governmental Entities.
Section 4 Applicability
4.This Agreement between the County and the Governmental Entities is limited to absentee
voting administration. All other voting processes are outside of the scope of this Agreement.
This Agreement is applicable for all regularly scheduled elections or special elections in a
precinct within the jurisdiction of Dakota County.
Section 5 Allocation of Costs and Invoicing
5.The County will invoice each Governmental Entity its cost share allocation for fixed costs and
its share of variable costs for its voters that voted via absentee voting.
5.1. The Governmental Entities will proportionately share the County’s absenteeballoting administration fixed costs annually based on the annual FTE Cost
incurred by the County for this Agreement (“Fixed Costs”). The Fixed Costs allocated to a Governmental Entity is proportionate to its share of registered voters.
5.2. The Governmental Entities agree that absentee balloting administration variable costs, such as absentee voter application and absentee ballot
mailings, incurred by the County shall be shared among the Governmental Entities based on actual utilization by its voters (Variable Costs).
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5.3. In even-numbered years for regularly scheduled or State special elections, the County shall assume 55% of Fixed Costs and Variable Costs. Each
Governmental Entity shall assume the remaining portion of the Fixed Cost share as set forth in 5.1 and 45% of Variable Costs for the actual number of its voters that voted via absentee voting.
5.4. In even-numbered years for a city or township special election not held on a date for an election identified in Section 5.3 each Governmental Entity
holding an election shall assume 100% of Variable Costs for the actual number of its voters that voted via absentee voting.
5.5. In odd-numbered years, the County shall assume 75% of Fixed Costs. Each Governmental Entity shall assume the remaining portion of its Fixed Cost share as set forth in 5.1.
5.6. In odd-numbered years for State special elections, the County shall assume 55% of Variable Costs. Each Governmental Entity shall assume the remaining 45% of Variable Costs for the actual number of its voters that voted via absentee voting.
5.7. In odd-numbered years, Governmental Entities holding elections other than State, County, or Federal elections shall assume 100% of Variable Costs for
the actual number of its voters that voted via absentee voting. If such an election is layered with a school district election, the Governmental Entity conducting an election shall only be responsible for 50% of the Variable
Costs related to a voter eligible to also vote in the school district election.
5.8. Each Governmental Entity will be invoiced within sixty (60) days of the final election day of each calendar year. Said invoice shall be due and payable within thirty-five (35) calendar days of invoicing. Invoicing will occur after application of any grant or other state or federal funds received by the County for absentee voting administration.
5.9. For illustrative purposes, cost projections for the 2024-2025 elections are attached as Attachment B. Final invoices will reflect actual absentee utilization and Variable Costs.
Section 6 Electronic Voting System and E-Pollbook Costs
6.The cost of the purchase, operation and maintenance of the electronic votingsystem, voting machines, and electronic pollbooks are not included in thisAgreement and are the subject of separate agreements.
Section 7 Independent Contractor
7.It is agreed that nothing in this Agreement is intended or should be construed as creating
the relationship of agents, partners, joint ventures, or associates between the Parties heretoor as constituting the County or the Governmental Entities as the employee of the otherentity for any purpose or in any manner whatsoever. The County is an independent
contractor and neither it, its employees, agents, nor its representatives are employees of
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the Governmental Entities. From any amounts due the County, there shall be no deductions for federal income tax or FICA payments, nor for any state income tax, nor for any other
purposes which are associated with an employer-employee relationship unless required by law. Section 8
Data Practices
8.All data created, collected, received, maintained, or disseminated for any purpose in the
course of this contract is governed by the Minnesota Government Data Practices Act, anyother applicable statute, or any rules adopted to implement the Act or statute, as well asfederal statutes and regulations on data privacy. Election data shall also be governed byMinnesota Election Law and associated Minnesota Rules.
Section 9 No Waiver
9.No delay or omission by the Parties to exercise any right or power occurring upon anynoncompliance or default with respect to any of the terms of this Agreement shall impair anysuch right or power or be construed to be a waiver thereof unless the same is consented to
in writing. A waiver by the County or the Governmental Entities of any of the covenants,conditions, or agreements to be observed by the Parties shall not be construed to be awaiver of any succeeding breach or of any covenant, condition, or agreement herein
contained. All remedies provided for in this Agreement shall be cumulative and in additionto, and not in lieu of, any other remedies available to the Parties at law, in equity, orotherwise.
Section 10 Governing Law
10.This Agreement shall be governed by and construed in accordance with the laws of theState of Minnesota.
Section 11
Entire Agreement
11.It is understood and agreed that the entire Agreement between the Parties is containedherein and that this Agreement supersedes all oral agreements and negotiations betweenthe Parties relating to the subject matter hereof and hereby rescinds and replace all priorAgreements with the respective Governmental Entities with this Agreement. All itemsreferred to in this Agreement are incorporated or attached and are deemed to be part of thisAgreement. Any alterations, variations, modifications, or waivers of provisions of thisAgreement shall only be valid when they have been reduced to writing as an amendment tothis Agreement signed by the Parties hereto.
Section 12 No Assignment
12.The Parties may not assign, sublet, or transfer this Agreement, either in whole or in part,without the prior written consent of the Governmental Entities and the County and any
attempt to do so shall be void and have no force and effect.
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Section 13 Notice
13.Any notice or demand shall be in writing and shall be sent registered or certified mail to theother party addressed as follows:
To the Governmental Entity: To the person and address designated by each Governmental Entity in writing.
To the County: Dakota County Elections Director 1590 Highway 55
Hastings MN 55033
Section 14
Audit Provision
14.The Parties agree that the State Auditor, or any of their duly authorized representatives at
any time during normal business hours, and as often as they may reasonably deemnecessary, shall have access to and the right to examine, audit, excerpt, and transcribeany books, documents, papers, records, etc., which are pertinent to the accounting
practices and procedures of the respective Parties and involve transactions relating to thisAgreement. Such materials shall be maintained, and such access and rights shall be inforce and effect during the period of the contract and for six (6) years after its termination orcancellation.
Section 15 Liability, Indemnification and Insurance
15.The County and each Governmental Entity to this Agreement shall be solely liable for theacts of its elected officials, officers, employees, or agents and shall not be responsible for theacts of the other parties to this Agreement, their elected officials, officers, employees, oragents.
15.1. The provisions of the Municipal Tort Claims Act, Minnesota Statutes, Chapter 466 andother applicable laws govern liability of the Parties. To the full extent permitted by law, actions by the Parties, their respective officers, employees, and agents pursuant to this Agreement are intended to be and shall be construed as a “cooperative activity.” It is the
intent of the Parties that they shall be deemed a “single governmental unit” for the purpose of liability as set forth in Minnesota Statutes, Section 471.59, subd. 1a(b). For the purpose of Minnesota Statutes, Section 471.59, subd, 1a(a), it is the intent that this
Agreement does not create any liability or exposure to the Parties for the acts or omissions of the County or other individual Governmental Entity.
15.2. The County agrees to defend, hold harmless and indemnify the Governmental Entities and their officials, agents, and employees, from any liability, loss, or damages the Governmental Entity may suffer or incur as a result of demands, claims, judgments, or costs arising out of or caused by the County in the performance of its obligations under this Agreement.
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15.3. Each Governmental Entity agrees to defend, hold harmless and indemnify the County and its officials, agents, and employees, from any liability, loss, or damages the County
may suffer or incur as a result of demands, claims, judgments, or costs arising out of or caused by its performance of its respective obligations under this Agreement.
15.4. Nothing in this Agreement shall be construed nor operate as a waiver of any applicable limitation of liability, defenses, immunities, or exceptions by statute or common law, nor does it impose or imply responsibility for the acts or omissions of the County or other Governmental Entities. The County and the Governmental Entities warrant that they are able to comply with the aforementioned indemnification requirements and have sufficient insurance coverage consistent with the liability limits contained in Minnesota Statutes, Chapter 466.
Section 16 Survival of Provisions
16.It is expressly understood and agreed that Sections 8, 10, 14 and 15 hereof shallsurvive the completion of performance and termination or cancellation of thisAgreement.
Section 17 Authority
17.The person or persons executing this Agreement on behalf of the Governmental Entityand County represent that they are duly authorized to execute this Agreement onbehalf of the Governmental Entity and the County and represent and warrant that thisAgreement is a legal, valid and binding obligation and is enforceable in accordancewith its terms. Each Party agrees that the electronic signatures of the Parties includedin this Agreement are intended to authenticate this writing and to have the same forceand effect as wet ink signatures.
(Rest of page left intentionally blank. Signature pages to follow)
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IN WITNESS WHEREOF, the Parties hereto have hereunto set their hands.
COUNTY OF DAKOTA
By: __________________________________
Director, Public Services & Revenue
Dated:
APPROVED AS TO FORM:
By: ________________________________ Assistant Dakota County Attorney
Dated:
/s/ Thomas R. Donely
10/2/2023
KS-23-495
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CITY OF ___________________________
By:
(Name)____________________________
(Title)_____________________________
Dated:
By:
(Name)____________________________
(Title)_____________________________
Dated:
DocuSign Envelope ID: 7BD56DE4-534E-46E9-BAA9-CFD7FC01F03D
Hastings
City Administrator
Dan Wietecha
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Absentee Voting Administration
Division of Duties by Joint Powers Agreement
Dakota County Elections
Administration Center
1590 Highway 55
Hastings, MN 55033-2372
651-438-4305
elections@co.dakota.mn.us
Version 8/24/2023
Attachment A
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1
Summary
Topic Dakota County Cities/Townships/School Districts
Recurring Absentee Application
(permanents)
The county will send recurring
absentee ballot applications.
Receiving regular applications
for AB by mail, email or fax
The county will process all mail
absentee ballot applications.
If a city/township/school district
receives an application for an
absentee ballot to be mailed,
they will scan and email the
application to the county for
processing.
Online applications The county will process all online
applications. NOTE: the SVRS
online module will not be
available in odd years except in
the case of a special election for a
federal, state, or county office.
UOCAVA applications The county will handle all aspects
of UOCAVA voting.
Mail absentee ballots The county will handle all aspects
of absentee voting by mail
including fulfillment, incidental
correspondence, rejects, etc.
Prepare materials for in-person
absentee
County will prepare in-person,
postage paid absentee materials
for use at city and school districts
In-person absentee ballots The county will be an in-person
absentee voting site for the entire
absentee period for all Dakota
County residents. Offered at
Hastings, Apple Valley and/or
West St. Paul, election location
dependent.
The county will provide regular
courier services to collect city and
school district absentee ballots to
deliver to the County Absentee
Ballot Board, for those entities
with regular office hours.
Cities/townships/school districts
which have regular office hours
will maintain in-person absentee
voting sites for the entire
absentee voting period.
Direct balloting/Early Voting
(In-person absentee ballots
cast in tabulator beginning 18
days before election day)
All County in-person absentee
sites will offer direct balloting for
all county voters.
Direct balloting is discretionary.
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2
Topic Dakota County Cities/Townships/School Districts
Health Care Facility absentee
voting
Cities/townships/school districts
will carry out health care facility
voting.
Safe at Home The county will manage all
aspects of Safe at Home ballots.
Agent Delivery and Return All in-person absentee sites will
issue Agent Delivery and Return
ballots.
All in-person absentee sites will
issue Agent Delivery and Return
ballots to be couriered to the
County.
Absentee Ballot Board The county will establish the
Absentee Ballot Board which will
be responsible for all necessary
duties to process Dakota County
absentee ballots.
School districts that cross
counties will be responsible for
all non-Dakota County ballots.
Rejected Ballots The county will issue the
replacement (only Dakota County
ballots), to be returned by mail to
Dakota County.
Spoiled ballots If the voter’s original ballot has
already been accepted, the
county and city/township/ school
district will coordinate efforts so
that the ballot is spoiled before
the voter is issued a replacement
ballot.
If the original ballot has not yet
been accepted, the county will
spoil and replace for mail
absentee voters, or the
city/township/school district will
spoil and replace for in-person
voters.
If the voter’s original ballot has
already been accepted, the
county and city/township/school
district will coordinate efforts so
that the ballot is spoiled before
the voter is issued a replacement
ballot.
If the original ballot has not yet
been accepted, the county will
spoil and replace for mail
absentee voters, or the
city/township/school district will
spoil and replace for in-person
voters.
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3
Topic Dakota County Cities/Townships/School Districts
Rosters and greeter lists Electronic roster files will be
uploaded to the poll book
management system, for
download to the poll books.
Supplemental reports of voters
with ballots accepted after the
rosters are generated will be
pushed to the poll books the day
before election day and multiple
times on election day.
Rosters and Greeter lists will be
delivered by vendor.
Cities/townships/school districts
will download the rosters to their
poll books after the rosters are
generated and before the poll
books are delivered to the
election judges or polling places.
(Pollbook access points to be
added to all large school district
office)
Cities/townships/school districts
will work with the county to
ensure that on election day all
poll books sync the AB roster
supplement before the polls
open and continue to sync
throughout the day.
Results The county will combine
absentee results from all
absentee ballot counters to
create one absentee result grand
total. This AB total will be
combined with polling place
results and posted on the OSS
and Dakota County websites.
Reports will be made available on
the County SharePoint site in a
timely manner to allow for
canvassing within all deadlines.
Cities/townships/school districts
will be responsible to transmit
polling place results to the
county.
Cities/townships/school districts
will canvass reports against
original tapes and summary
statements.
Cities/townships/school districts
will consult with the County
when scheduling canvass
meetings.
Storage The county will retain absentee
ballots and related materials in
their respective possession.
In the event of a recount,
materials will be transferred as
soon as possible to the
jurisdiction conducting the
recount.
Cities/townships/school districts
will retain absentee ballots and
related materials in their
respective possession.
In the event of a recount,
materials will be transferred as
soon as possible to the
jurisdiction conducting the
recount.
DocuSign Envelope ID: 7BD56DE4-534E-46E9-BAA9-CFD7FC01F03D
VIII-17
Base (Fixed) Costs Absentee (Variable) Costs Base (Fixed) Costs Absentee (Variable) Costs
Dakota County Share 55%Dakota County Share 55%Dakota County Share 75%Dakota County Share 0%
Municipality Share 45%Municipality Share* 45%Municipality Share 25%Municipality Share 100%
Municipality # of Voters as of June 2, 2022 Fixed Cost Share (2024-2025)**Estimated Absentee
Cost (2024-2025)***
Estimated Mail Ballot
Costs (2024-2025)
Reduction from Ongoing VOTER
Funds****Total Estimated Costs 2024-2025
ISD 196 - Rosemount/Apple Valley/Eagan 105,635 15,248$ $ 13,367 $ 28,614
ISD 197 - West St. Paul/Mendota Heights/Eagan 29,698 4,287$ $ 4,576 $ 8,863
ISD 199 - Inver Grove Heights 18,226 2,631$ $ 1,776 $ 4,406
ISD 200 - Hastings 19,957 2,881$ $ 3,946 $ 6,827
Lakeville 46,134 26,021$ 29,146$ (13,419)$ $ 41,747
Eagan 45,274 25,535$ 35,616$ (13,169)$ $ 47,982
Burnsville 37,883 21,367$ 26,194$ (11,019)$ $ 36,542
Apple Valley 35,735 20,155$ 26,339$ (10,395)$ $ 36,100
Inver Grove Heights 22,534 12,710$ 16,818$ (6,555)$ $ 22,973
Rosemount 17,245 9,727$ 13,405$ (5,016)$ $ 18,115
Hastings 14,571 8,218$ 8,704$ (4,238)$ $ 12,684
Farmington 13,844 7,808$ 8,008$ (4,027)$ $ 11,789
West St. Paul 12,523 7,063$ 7,706$ (3,643)$ $ 11,127
South St. Paul 12,190 6,875$ 4,987$ (3,546)$ $ 8,316
Mendota Heights 9,154 5,163$ 10,299$ (2,663)$ $ 12,800
Empire 2,017 1,138$ 573$ (587)$ $ 1,124
Ravenna Twp 1,731 976$ 705$ (504)$ $ 1,177
Eureka Twp 1,096 618$ 298$ (319)$ $ 598
Castle Rock Twp 983 554$ 226$ (286)$ $ 495
Northfield 967 545$ 871$ (281)$ $ 1,135
Vermillion Twp 933 526$ 226$ (271)$ $ 481
Marshan Twp 893 504$ 265$ (260)$ $ 509
Lilydale 801 452$ 763$ (233)$ $ 982
Nininger Twp 654 369$ 163$ (190)$ $ 341
Hampton Twp 633 357$ 148$ (184)$ $ 321
Greenvale Twp 613 346$ 236$ (178)$ $ 404
Randolph Twp 553 312$ 199$ (161)$ $ 350
Douglas Twp 523 295$ 115$ (152)$ $ 257
Sunfish Lake 436 246$ 250$ (127)$ $ 369
Hampton City 406 229$ 57$ (118)$ $ 168
Waterford Twp 378 213$ 155$ (110)$ $ 258
Sciota Twp 327 184$ 66$ (95)$ $ 156
Vermillion City 312 176$ 54$ (91)$ $ 139
Randolph City 286 161$ 33$ (83)$ $ 111
Mendota City 129 73$ 12$ (38)$ $ 47
Coates 101 NO FIXED COST SHARE 407$ (29)$ $ 378
Miesville 86 NO FIXED COST SHARE 344$ (25)$ $ 319
New Trier 56 NO FIXED COST SHARE 230$ (16)$ $ 214
TOTAL 455,517 183,963$ 216,303$ (82,028)$ 319,219$
***Used actual absentee voting utilization from past elections to estimate.
****Reduction of State VOTER funds is at the discretion of each municipality.
**Fixed costs contemplate a Primary & General Election in even years and a School District General Election in odd years. PNP costs to be reimbursed separately.
Even Year Odd Year
2024-2025 JPA Costs for Absentee Services - Estimate 08/24/2023
*Not applicable for special elections, which will incur 100% share to municipality.
Attachment BDocuSign Envelope ID: 7BD56DE4-534E-46E9-BAA9-CFD7FC01F03D
VIII-17
100% of FTE Costs 263,000$ AB Mailed Cost 10.00$ AB DakCo Share 55%
AB In Person Cost 4.50$ AB Municipality Share 45%
Fixed cost per reg voter 0.93$
$ 4.50 $ 2.03 $ 20,507 $ 20,507
Municipality
Voters as of
June 2, 2022
(per VOTER
Funding
rules)
Proportion of
Registered
Voters
Annual Fixed Cost-share
(45%)
Estimated
Costs of AB
Ballot
mailed*
Estimated
Costs of IP
AB Ballot*
25% Reduction
from Ongoing
VOTER Funds for
Proportioned # of
Voters
25% Reduction
from Ongoing
VOTER Funds for
AB
Total Estimated Costs -
2024
Estimated
Cost Per
Reg Voter
Lakeville 46,134 0.164 19,361$ 17,401$ 11,745$ (3,355)$ (3,355)$ 41,798$ 0.89$
Eagan 45,274 0.161 19,001$ 21,263$ 14,353$ (3,292)$ (3,292)$ 48,032$ 1.07$
Burnsville 37,883 0.134 15,899$ 15,638$ 10,556$ (2,755)$ (2,755)$ 36,583$ 0.98$
Apple Valley 35,735 0.127 14,997$ 15,725$ 10,614$ (2,599)$ (2,599)$ 36,139$ 1.02$
Inver Grove Heights 22,534 0.080 9,457$ 10,040$ 6,777$ (1,639)$ (1,639)$ 22,997$ 1.03$
Rosemount 17,245 0.061 7,237$ 8,003$ 5,402$ (1,254)$ (1,254)$ 18,134$ 1.02$
Hastings 14,571 0.052 6,115$ 5,197$ 3,508$ (1,060)$ (1,060)$ 12,700$ 0.87$
Farmington 13,844 0.049 5,810$ 4,781$ 3,227$ (1,007)$ (1,007)$ 11,804$ 0.85$
West St. Paul 12,523 0.044 5,256$ 4,601$ 3,106$ (911)$ (911)$ 11,141$ 0.90$
South St. Paul 12,190 0.043 5,116$ 2,977$ 2,010$ (886)$ (886)$ 8,330$ 0.70$
Mendota Heights 9,154 0.032 3,842$ 6,149$ 4,150$ (666)$ (666)$ 12,810$ 1.40$
Empire 2,017 0.007 846$ 342$ 231$ (147)$ (147)$ 1,126$ 0.57$
Ravenna Twp 1,731 0.006 726$ 409$ 276$ (126)$ (126)$ 1,159$ 0.67$
Eureka Twp 1,096 0.004 460$ 142$ 96$ (80)$ (80)$ 539$ 0.49$
Castle Rock Twp 983 0.003 413$ 135$ 91$ (71)$ (71)$ 496$ 0.50$
Northfield 967 0.003 406$ 520$ 351$ (70)$ (70)$ 1,137$ 1.20$
Vermillion Twp 933 0.003 392$ 135$ 91$ (68)$ (68)$ 482$ 0.53$
Marshan Twp 893 0.003 375$ 142$ 96$ (65)$ (65)$ 483$ 0.54$
Lilydale 801 0.003 336$ 455$ 307$ (58)$ (58)$ 982$ 1.26$
Nininger Twp 654 0.002 274$ 97$ 66$ (48)$ (48)$ 342$ 0.52$
Hampton Twp 633 0.002 266$ 88$ 60$ (46)$ (46)$ 321$ 0.52$
Greenvale Twp 613 0.002 257$ 45$ 30$ (45)$ (45)$ 243$ 0.40$
Randolph Twp 553 0.002 232$ 119$ 80$ (40)$ (40)$ 351$ 0.64$
Douglas Twp 523 0.002 219$ 68$ 46$ (38)$ (38)$ 258$ 0.50$
Sunfish Lake 436 0.002 183$ 149$ 101$ (32)$ (32)$ 370$ 0.86$
Hampton City 406 0.001 170$ 34$ 23$ (30)$ (30)$ 169$ 0.40$
Waterford Twp 378 0.001 159$ 85$ 57$ (27)$ (27)$ 245$ 0.65$
Sciota Twp 327 0.001 137$ 40$ 27$ (24)$ (24)$ 156$ 0.46$
Vermillion City 312 0.001 131$ 32$ 22$ (23)$ (23)$ 140$ 0.46$
Randolph City 286 0.001 120$ 20$ 13$ (21)$ (21)$ 112$ 0.39$
Mendota City 129 0.000 54$ 7$ 5$ (9)$ (9)$ 47$ 0.36$
Coates 101 0.000 NO FIXED COST SHARE (7)$ (7)$ (15)$ (0.15)$
Miesville 86 0.000 NO FIXED COST SHARE (6)$ (6)$ (13)$ (0.15)$
New Trier 56 0.000 NO FIXED COST SHARE (4)$ (4)$ (8)$ (0.14)$
TOTAL 282,001 1.00 118,248$ 114,840$ 77,517$ (20,507)$ (20,507)$ 269,591$ 0.96$
Fixed costs proportioned by registered voter
2024 Elections - Estimate 08/24/2023
DocuSign Envelope ID: 7BD56DE4-534E-46E9-BAA9-CFD7FC01F03D
VIII-17
263,000$
AB Mailed Cost 10.00$ AB DakCo Share 0%
0.93$ AB In Person Cost 4.50$ AB Municipality Share 100%
$ 10.00 $ 4.50 $ 20,507 $ 20,507
Municipality
Voters as of
June 2, 2022
(per VOTER
Funding rules)
Proportion of
Registered
Voters for
VOTER funds
Annual Fixed Cost - 25 %
Share
Estimated Costs
of AB Ballot
mailed*
Estimated Costs
of IP AB Ballot*
25% Reduction
from Ongoing
VOTER Funds for
AB
25% Reduction from
Ongoing VOTER
Funds for
Proportioned # of
Voters
Total Estimated Costs -
2025
Estimated
Cost Per Reg
Voter
ISD 196 - Rosemount/Apple Valley/Eagan 15,248$ $ 7,980 $ 5,387 $ 28,614 $ 0.27
ISD 197 - West St. Paul/Mendota Heights/Eagan 4,287$ $ 2,732 $ 1,844 $ 8,863 $ 0.30
ISD 199 - Inver Grove Heights 2,631$ $ 1,060 $ 716 $ 4,406 $ 0.24
ISD 200 - Hastings 2,881$ $ 2,356 $ 1,590 $ 6,827 $ 0.34
Lakeville 46,134 0.164 6,659$ -$ -$ (3,355)$ (3,355)$ $ (51)(0.00)$
Eagan 45,274 0.161 6,535$ -$ -$ (3,292)$ (3,292)$ $ (50)(0.00)$
Burnsville 37,883 0.134 5,468$ -$ -$ (2,755)$ (2,755)$ $ (42)(0.00)$
Apple Valley 35,735 0.127 5,158$ -$ -$ (2,599)$ (2,599)$ $ (39)(0.00)$
Inver Grove Heights 22,534 0.080 3,253$ -$ -$ (1,639)$ (1,639)$ $ (25)(0.00)$
Rosemount 17,245 0.061 2,489$ -$ -$ (1,254)$ (1,254)$ $ (19)(0.00)$
Hastings 14,571 0.052 2,103$ -$ -$ (1,060)$ (1,060)$ $ (16)(0.00)$
Farmington 13,844 0.049 1,998$ -$ -$ (1,007)$ (1,007)$ $ (15)(0.00)$
West St. Paul 12,523 0.044 1,808$ -$ -$ (911)$ (911)$ $ (14)(0.00)$
South St. Paul 12,190 0.043 1,760$ -$ -$ (886)$ (886)$ $ (13)(0.00)$
Mendota Heights 9,154 0.032 1,321$ -$ -$ (666)$ (666)$ $ (10)(0.00)$
Empire 2,017 0.007 291$ -$ -$ (147)$ (147)$ $ (2)(0.00)$
Ravenna Twp 1,731 0.006 250$ 12$ 8$ (126)$ (126)$ $ 18 0.01$
Eureka Twp 1,096 0.004 158$ 36$ 24$ (80)$ (80)$ $ 59 0.05$
Castle Rock Twp 983 0.003 142$ -$ -$ (71)$ (71)$ $ (1)(0.00)$
Northfield 967 0.003 140$ -$ -$ (70)$ (70)$ $ (1)(0.00)$
Vermillion Twp 933 0.003 135$ -$ -$ (68)$ (68)$ $ (1)(0.00)$
Marshan Twp 893 0.003 129$ 16$ 11$ (65)$ (65)$ $ 26 0.03$
Lilydale 801 0.003 116$ -$ -$ (58)$ (58)$ $ (1)(0.00)$
Nininger Twp 654 0.002 94$ -$ -$ (48)$ (48)$ $ (1)(0.00)$
Hampton Twp 633 0.002 91$ -$ -$ (46)$ (46)$ $ (1)(0.00)$
Greenvale Twp 613 0.002 88$ 96$ 65$ (45)$ (45)$ $ 160 0.26$
Randolph Twp 553 0.002 80$ -$ -$ (40)$ (40)$ $ (1)(0.00)$
Douglas Twp 523 0.002 75$ -$ -$ (38)$ (38)$ $ (1)(0.00)$
Sunfish Lake 436 0.002 63$ -$ -$ (32)$ (32)$ $ (0)(0.00)$
Hampton City 406 0.001 59$ -$ -$ (30)$ (30)$ $ (0)(0.00)$
Waterford Twp 378 0.001 55$ 8$ 5$ (27)$ (27)$ $ 13 0.03$
Sciota Twp 327 0.001 47$ -$ -$ (24)$ (24)$ $ (0)(0.00)$
Vermillion City 312 0.001 45$ -$ -$ (23)$ (23)$ $ (0)(0.00)$
Randolph City 286 0.001 41$ -$ -$ (21)$ (21)$ $ (0)(0.00)$
Mendota City 129 0.000 19$ -$ -$ (9)$ (9)$ $ (0)(0.00)$
Coates 101 0.000 NO FIXED COST SHARE (7)$ (7)$ $ (15)(0.15)$
Miesville 86 0.000 NO FIXED COST SHARE (6)$ (6)$ $ (13)(0.15)$
New Trier 56 0.000 NO FIXED COST SHARE (4)$ (4)$ $ (8)(0.15)$
TOTAL 282,001 1.00 65,715$ 14,296$ 9,650$ (20,507)$ (20,507)$ 48,647$ 0.11$
2025 Elections - Estimate 08/24/2023
100% of FTE Costs
Fixed costs proportioned by registered voter
Fixed cost per registered voter
DocuSign Envelope ID: 7BD56DE4-534E-46E9-BAA9-CFD7FC01F03D
VIII-17
Certificate Of Completion
Envelope Id: 7BD56DE4534E46E9BAA9CFD7FC01F03D Status: Sent
Subject: Complete with DocuSign: City of Hastings JPA for Absentee Voting Services DCA20889
Source Envelope:
Document Pages: 15 Signatures: 0 Envelope Originator:
Certificate Pages: 5 Initials: 0 Michelle Blue
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-06:00) Central Time (US & Canada)
1590 Highway 55
Hastings, MN 55033
michelle.blue@co.dakota.mn.us
IP Address: 207.171.99.1
Record Tracking
Status: Original
10/4/2023 1:51:05 PM
Holder: Michelle Blue
michelle.blue@co.dakota.mn.us
Location: DocuSign
Security Appliance Status: Connected Pool: StateLocal
Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign
Signer Events Signature Timestamp
Michelle Blue
Michelle.Blue@co.dakota.mn.us
Elections Director
Dakota County
Security Level: Email, Account Authentication
(None)
Completed
Using IP Address: 207.171.99.1
Sent: 10/4/2023 1:51:55 PM
Viewed: 10/4/2023 1:52:02 PM
Signed: 10/4/2023 1:52:11 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Dan Wietecha
dwietecha@hastingsmn.gov
City Administrator
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(None)
Sent: 10/4/2023 1:52:13 PM
Viewed: 10/9/2023 9:31:07 AM
Electronic Record and Signature Disclosure:
Accepted: 10/9/2023 9:31:07 AM
ID: 83019d14-0c88-411c-ac70-40dad6630993
Kelly Murtaugh
kmurtaugh@hastingsmn.gov
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(None)
Electronic Record and Signature Disclosure:
Accepted: 9/28/2023 10:15:09 AM
ID: 76cef216-7162-4816-8ab5-8ec294c69fe4
Tom Novak
Tom.Novak@co.dakota.mn.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 10/9/2023 7:41:18 AM
ID: 47be24e1-e43d-4071-9614-ea466445789c
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
VIII-17
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Doug Gross
doug.gross@co.dakota.mn.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Julie Riveness
Julie.Riveness@CO.DAKOTA.MN.US
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(None)
Electronic Record and Signature Disclosure:
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Envelope Sent Hashed/Encrypted 10/4/2023 1:51:55 PM
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Electronic Record and Signature Disclosure
VIII-17
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Electronic Record and Signature Disclosure created on: 2/22/2017 3:37:08 PM
Parties agreed to: Dan Wietecha, Kelly Murtaugh, Tom Novak
VIII-17
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VIII-17
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: October 16, 2023
Item: Budget Adjustment – Lake Isabel Park Contamination Excavation and
Backfill
Council Action Requested: Approve budget adjustment for the removal of
contaminated soils, and backfill at Lake Isabel Park.
Background Information: Earlier this summer, during excavation for the
redevelopment of Lake Isabel Park, asbestos containing materials were
discovered. During analysis of those soils, lead was also discovered. Exploratory
excavations were conducted to learn the extent of the contamination, and those
sample were also sampled. The extent of contamination was mapped out, and an
estimated 3,800 cubic yards of soils are contaminated and need to be removed and
replaced with clean fill in order to move forward.
As a park facility, the MPCA requires 4 feet of separation between any
contaminated soils and the surface of the soils. Because of bedrock and ADA
components of this redevelopment, this requires an excavation and replacement of
4ft of soils.
Staff have researched grant opportunities, however no opportunities have been
found that meet our needs or for which our project meets the criteria.
Staff propose utilizing the 401 Fund (Park Projects) to cover the significant extra
cost of the soil removal, disposal and replacement at an estimated $350,000.00.
Staff are requesting a budget adjustment to dedicate $385,000.00 from fund 401
for the Lake Isabel Park project for the express purpose of removing, disposing of
and replacing the contaminated soils. This amount adds a 10% contingency, that if
not spent will remain in the 401 fund for future projects.
Financial Impact:
Up to $385,000.00 of unexpected expenses being covered by Fund 401, which has
a current undesignated balance of $444,700.00.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Price Estimates
X-B-01
Lake Isabel Park Contaminated Soils Excavation, Disposal and Replacement.
Remove 963 CY Asbestos soils: $88.00/CY = $84,744
Remove 2856 CY Debris/Lead soils: $54.75/CY= $156,366
Common Borrow Import: $23.50/CY=$89,746.50
Topsoil Import: $41.00/CY (assumed 4” over 21,500 SF) =$10,882.60
$342,739.10 +/-
X-B-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Justin Fortney, City Planner
Date: October 16, 2023
Item: Variance #2023-37 – Front Setback – 1590 Highway 55 – Dakota County
Government Center
Council Action Requested:
Review and take action on the attached resolution approving the following variance
request:
1. A variance to the requirement that ground-mounted accessory solar arrays may
not be in the front yards of principal structures, as stipulated in Hastings City
Code 155.07, Subd. K.3.d.(5)
A vote of 75% (6 of 7) of the entire City Council is required to affect any variation in the
application of the zoning code.
Background Information:
Accessory structures including ground-mounted accessory solar arrays may not be in the
front yards of principal buildings. This is to assure they are accessory to the principal use
and do not detract from the streetscape of the district. Staff and the Planning Commission
found there are unique circumstances involving the subject land that make the proposed
location appropriate. Alternat locations studied were problematic. Please see the attached
October 9, 2023 Planning Commission staff report for additional information.
Financial Impact:
N/A
Advisory Commission Discussion:
The Planning Commission voted 5-0-1 (Mesina abstained) to recommend approval of the
request at the October 9, 2023 meeting.
Council Committee Discussion:
N\A
Attachments:
• Resolution for approval
• Planning Commission memo – October 9, 2023
X-C-01
HASTINGS CITY COUNCIL
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
SITTING AS THE BOARD OF ADJUSTMENT AND APPEALS APPROVING
THE REQUEST OF DAKOTA COUNTY TO VARY FROM THE FRONT YARD
SETBACK REQUIREMENT OF HASTINGS CITY CODE 155.07, SUBD.
K.3.D.(5) AT 1590 HIGHWAY 55
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, McKinstry Essention LLC., agent for Dakota County, property
owner, has petitioned for a variance from the entire front yard setback requirement of
Hastings City Code 155.07, Subd. K.3.d.(5) to allow construction of a ground-mounted
accessory solar array in the front yard on property generally located at 1590 Highway 55,
legally described as SE 1/4 of NW ¼, EX PARCEL 258F on MNDOT ROW Plat 19-88,
of SECTION, 29 TWN 115, RANGE 17, Dakota County, Minnesota; and
WHEREAS, variances to the Hastings City Code may be considered by the Board
of Zoning Adjustment and Appeals upon determination of supporting evidence as
stipulated in Hastings City Code 30.02(F); and
WHEREAS, The City Council acts as the Board of Adjustment and Appeals in
accordance with Hastings City Code 30.02(A), and
WHEREAS, on October 9, 2023, the Planning Commission of the City of Hastings
serving in advisory to the Board of Zoning Adjustment and Appeals reviewed the petition
as required by state law, city charter and city ordinance; and
WHEREAS, The Planning Commission voted to recommend approval of the
petition consistent with findings of fact and conclusions included in this resolution; and
WHEREAS, The City Council sitting as the Board of Adjustment and Appeals has
reviewed the petition and concurs with the recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the variance request as presented based on the
following findings of fact and conclusions:
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1. Due to the unique nature of the site developing as a campus, the “front” is not
physically identifiable in one specific location and there are conditions that would
not allow the array in alternative locations including steep slopes, older building
roofs, and other more visible front yards.
2. The conditions upon which the petition for a variance is based are unique to the
subject property. While there is a similar appearing campus at 1175 Nininger Road,
the buildings in that location are on separate parcels, have more identifiable fronts,
and are on level ground.
3. The goal for Dakota County is to become more sustainable by implementing
renewable energy. Additionally, the project will create local jobs, have an economic
impact, and create workforce development for Dakota County and surrounding
communities.
4. Granting of the variance would only allow an accessory use that is in front of the
building based on the address. The array will still be required to meet setbacks from
adjacent properties and will be reviewed administratively for compliance with
applicable codes. This will assure that the variance will not be detrimental to the
public.
5. The proposed array is low to the ground (less than ten-feet tall) and over 150-feet
from the nearest property. At that height and distance, it is not likely to cause any
issues of concern.
6. The purpose and intent of the ordinance is to preserve the streetscape, setback, and
aesthetics of structures along the right-of-way. Due to the location, grade, existing
and proposed landscaping, the location will be in harmony with the purpose and
intent of the ordinance.
7. The 2040 Comprehensive plan is supportive of solar energy and even suggests there
may be reasons to exempt it from certain standards.
8. The construction of a solar array in the proposed low-lying and screened location
is reasonable.
9. The practical difficulty is caused by the unique site not being adequately addressed
by the ordinance regarding the location of a “front”.
10. Due to visibility concerns, steep slopes, and older building roofs, the proposal could
not reasonably be accomplished under the ordinance requirements.
11. No change is expected to the character of the locality.
12. The applicant has not stated any financial reasoning for the variance.
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 October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
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ATTEST:
______________________________
Mary Fasbender, Mayor
_____________________________________
Kelly Murtaugh (City Seal)
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 16th day of
October 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 Street East
Hastings, Minnesota 55033
X-C-01
To: Planning Commissioners
From: Justin Fortney, City Planner
Date: October 9, 2023
Item: Variance #2023-37 – Front Setback – 1590 Highway 55 – Dakota County
Government Center
Planning Commission Action Requested
Review and make a recommendation to the City Council on the following request:
1) A variance to the requirement that ground-mounted accessory solar arrays may
not be in the front yards of principal structures, as stipulated in Hastings City Code
155.07, Subd. K.3.d.(5)
Background Information
Ground-mounted accessory solar arrays, like all other accessory structures may not be in the
front yard of principal buildings. This is to assure that principal buildings are the most visible.
Principal buildings and uses are those that are allowed by zoning on their own, reviewed by the
Planning Commission and City Council, and have a higher standard for architectural aesthetics.
They should be the most visible features from the front. Accessory structures are typically
reviewed administratively, have less architectural requirements and are not the type of uses one
would expect to be in the zoning district on their own.
Subject Proposal
The applicants propose to install an estimated 595kW ground mounted solar array in the open
low lying area on the SE corner of the site. They believe the site is a good location because it is
well screened, not anticipated for any uses in the foreseeable future, and not very visible. They
have stated that other locations are not feasible. The age of the building roofs would not allow
for rooftop installation. Other open space on the site is not suitable with steep slopes to the
north of the proposed location and the SW corner of the campus is highly visible from the area
streets, entrances, and more identifiable as the front. Carport arrays come with drawbacks and
would provide substantially less energy than the proposal, based on the parking lot
configuration and allowable area.
Planning Commission Memorandum
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The subject property is unique since it is very large and laid out as a campus. Addressed from
Highway 55 but with two major entrances on General Sieben Drive along with a few accessing
4th Street West and North Frontage Road. The proposed location for the array is about 150-feet
away from the closest principal building. There is also a large elevation differential between the
campus buildings and the proposed solar array location. These unique conditions differentiate
the property from others that have one visually identifiable front yard. The proposed location of
the solar array is very low and far from the principal buildings. It is also well screened and in a
location with little development potential.
Public Notification
Notification of the variance request was sent to property owners within 350-feet of the
property. Staff has not received any comments.
VARIANCE REVIEW
Variance Definition
Variances are deviations from strict compliance of City Code provisions. The Board of
Adjustment and Appeals may issue a variance upon determination of findings of fact
and conclusions supporting the variance as established in Chapter 30.02, Subd. F of the
City Code. The Planning Commission (acting in part as the Board of Adjustment and Appeals)
may consider variances to the Zoning Code that are not contrary to the public interest where
owing to special conditions, and where a literal enforcement of the provision of the City Code
would result in practical difficulties. Variances may be granted providing the following has been
satisfied (staff review appears in bold italics):
(1) Because of the particular physical surroundings, shape or topographic conditions of
the land involved, a practical difficulty to the owner would result, as distinguished from
a mere inconvenience, if the strict letter of the regulations were to be carried out; Due
to the unique nature of the site developing as a campus, the “front” is not physically
identifiable in one specific location and there are conditions that would not allow the
array in alternative locations including steep slopes, older building roofs, and also
being in the in a defined, but more visible “front”.
(2) The conditions upon which the petition for a variance is based are unique to the tract
of land for which the variance is sought and not applicable, generally, to other property
with the same zoning classification; The conditions upon which the petition for a
variance is based are unique to the subject property. While the hospital, specialty
clinic, and senior living on Nininger Road have some similarities, those buildings are on
separate parcels, have more identifiable fronts, and are on level ground.
(3) The purpose of the variance is not based exclusively upon a desire to increase the
value or income potential of the parcel of land; The goal for Dakota County is to
become more sustainable by implementing renewable energy. Additionally, the
X-C-01
project will create local jobs, have an economic impact, and create workforce
development for Dakota County and surrounding communities.
(4) The granting of the variance will not be detrimental to the public welfare or
injurious to other land or improvements in the vicinity in which the tract of land is
located; Granting of the variance would only allow an accessory use that is in front of
the building based on the address. The array will still be required to meet setbacks
from adjacent properties and will be reviewed administratively for compliance with
applicable codes.
(5) The proposed variance will not impair an adequate supply of light and air to
property, or substantially increase the congestion of the public streets, or increase the
danger of fire, or endanger the public safety or substantially diminish or impair property
values within the vicinity; The proposed array is low to the ground (< 10-feet tall) and
over 150-feet from the nearest property. At that height and distance, it is not likely to
cause any issues of concern.
(6) The variance is in harmony with the purposes and intent of ordinance; The purpose
and intent of the ordinance is to preserve the streetscape, setback, and aesthetics of
structures along the right-of-way. Due to the location, grade, existing and proposed
landscaping, the location will be in harmony with the purpose and intent of the
ordinance.
(7) The variance is consistent with the comprehensive plan; The 2040 Comprehensive
plan is supportive of solar energy and even suggests there may be reasons to exempt
it from certain standards.
(8) The proposal puts the property to use in a reasonable manner; The construction of a
solar array in the proposed low-lying and screened location is reasonable.
(9) There are practical difficulties in complying with the official control. “Practical
difficulties”, as used in connection with the granting of the variance means that:
(a) The property owner proposes to use the property in a reasonable manner not
permitted by an official control; The use is reasonable, as explained in number 8.
(b) The practical difficulty is caused by the provisions of this chapter and has not
been created by any persons presently or formerly having an interest in the parcel
of land; The practical difficulty is caused by the unique site not being adequately
addressed by the ordinance regarding the location of a “front”.
X-C-01
1. A practical difficulty is not present if the proposal could be reasonably
accomplished under the current Ordinance requirements. Due to visibility
concerns, steep slopes, and older building roofs, the proposal could not
reasonably be accomplished under the ordinance requirements.
(c) The variance, if granted, will not alter the essential character of the locality.
Due to the passive nature of the array and its screened location, no change is
expected to the character of the locality.
(d) Economic considerations alone do not constitute practical difficulties. The
applicant has not stated any financial reasoning for the variance.
(e) Practical difficulties include inadequate access to direct sunlight for solar
energy systems.
RECOMMENDATION
Granting of the variance is recommended based on the above findings of fact in the
Variance Review.
ATTACHMENTS
• Aerial Map
• Plans and diagrams
• Photographs
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X-C-01
Elevation Profile
X-C-01
View A
View B
A
B
X-C-01
City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: October 16, 2023
Item: South Oaks of Hastings 4th Addition
Council Action Requested:
Consider action on the following requests of Greg J Homes for development of South Oaks of
Hastings 4th Addition, a 35-lot single family subdivision generally located southwest of 31st
Street and Century Drive. All actions require a simple majority of Council.
1) Resolution: Vacation of Easement – South Oaks of Hastings 2nd Addition: Remove
existing drainage and utility easements as platted in a previous addition. New drainage
and utility easement will be established with the current 4th Addition plat. The City
Council held the public hearing for the vacation at the September 18, 2023 meeting. No
comments were received.
2) Resolution: Preliminary and Final Plat Approval – South Oaks of Hastings 4th
Addition: Approval to subdivide property in to 35 single family lots.
3) Authorize Signature: Development Agreement – Memorializes the conditions of plat
approval and establishes standards for site development.
4) Authorize Signature: Stormwater Management Agreement - Establlishes
construction and maintenance obligations for stormwater management facilities.
History
Over the last 20 years, various approvals have been granted for the area now being platted as
South Oaks 4th Addition. The last approvals granted in 2021 have expired and are no longer
valid.
Stormwater Ponding
The developer has agreed to construct a stormwater pond within the northeast corner of the plat
(Outlot D) for on-site stormwater treatment. Ownership of the outlot would be transferred to the
City with future owners of plat liable for maintenance expenses.
The depth of the infiltration basin on Outlot D exceeds our normal depth to establish and
maintain vegetation. To ensure vegetation does not become a nuisance, the typical warranty
period has been extended to three years.
X-C-02 (a-d)
Advisory Commission Review:
Planning Commission Meeting – September 25, 2023 - The Commission voted 4-0 to
recommend approval of the request as presented by staff. Two residents shared concerns
about lot sizes, density of homes, number of lots, safety of kids on streets, tree preservation,
and park dedication. The developer also addressed some concerns. Commissioners
discussed maintenance of the outlot and that although they may prefer to see changes to the
development, it appears to meet city requirements.
Planning Commission Meeting – August 28, 2023 - The Commission voted 4-0 to table
the application and public hearing at the request of Staff. During the public hearing three
individuals provided comment pertaining to the number of homes in the area, traffic and
safety concerns for children, snow management, loss of trees, and increase of home from past
plat applications. Commissioners discussed rationale for a planned residential development,
street width, and storage of snow.
Financial Impact:
The addition of 35 home sites will add to the tax base and create needed housing opportunities.
Attachments:
• Resolution – Vacation of Easement – South Oaks of Hastings 2nd Addition
• Resolution – Preliminary and Final Plat Approval – South Oaks of Hastings 4th Addition
• Minutes - Planning Commission – September 25, 2023
• Minutes – Planning Commission – August 28, 2023
• Staff Memo - Planning Commission – September 25. 2023
• Development Agreement - South Oaks of Hastings 4th Addition
• Stormwater Management Agreement - South Oaks of Hastings 4th Addition
X-C-02 (a-d)
RESOLUTION NO. _______
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
A RESOLUTION VACATING
CERTAIN EASEMENTS LOCATED
WITHIN THE CITY OF HASTINGS, MINNESOTA
WHEREAS, pursuant to Minn. Stat. § 412.851, the City Council may vacate any street,
alley, public grounds, public way or any part thereof within the City by Resolution; and
WHEREAS, Greg J. Homes of Hastings, Inc. initiated the vacation the certain easements
over property in Hastings, Minnesota, which are legally described and depicted on Exhibit A
(“Existing Easements”), attached hereto and incorporated herein; and
WHEREAS, a notice of a public hearing on said vacation was duly published and posted
in accordance with applicable Minnesota Statutes and a public hearing was held on said vacation;
and
WHEREAS, the City Council of Hastings then proceeded to hear all persons interested
in said vacation and all persons interested were afforded an opportunity to present their views and
objections to the granting of said vacation; and
WHEREAS, the City Council of Hastings has determined that the vacation would be in
the public interest.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings:
1. That the City of Hastings, pursuant to Minn. Stat. § 412.851, hereby vacates the easements
situated in the City of Hastings, County of Dakota, State of Minnesota, legally described
on the attached Exhibit A.
2. That said vacation has no relationship to the City’s Comprehensive Plan and therefore the
Hastings City Council has dispensed with the requirements of Minn. Stat. § 462.356, Subd.
2, that may require the Hastings Planning Commission to perform a Comprehensive Plan
compliance review of said vacation that may constitute a disposal of real property pursuant
to § 462.356, Subd. 2.
3. That the City Clerk shall prepare a notice to be presented to the Dakota County Auditor
reflecting the completion of the proceedings herein.
X-C-02 (a-d)
Council member ______________________ moved a second to this resolution and upon
being put to a vote it was adopted by the Council Members present.
Adopted by the Hastings City Council on October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on 16th of October,
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
101 4th St. E.
Hastings, MN 55033
X-C-02 (a-d)
EXHIBIT A
LEGAL DESCRIPTION OF
EASEMENT TO BE VACATED
X-C-02 (a-d)
X-C-02 (a-d)
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING PRELIMINARY AND FINAL PLAT APPROVAL OF SOUTH
OAKS OF HASTINGS 4TH ADDITION
Council member ___________________________ introduced the following
Resolution and moved its adoption:
WHEREAS, Greg J Homes of Hastings, Inc. has petitioned for Preliminary Plat and
Final Plat approval of SOUTH OAKS OF HASTINGS 4TH ADDITION consisting of 35
single family lots and four outlets. The subject property is owned by Gregory and Susan
Jablonske and is generally located southwest of 31st Street and Century Drive and legally
described as Outlot A, SOUTH OAKS OF HASTINGS 2ND ADDITION, Except that
portion platted as SOUTH OAKS OF HASTINGS 3RD ADDITIO, Dakota County,
Minnesota; and
WHEREAS, on September 25, 2023, review of the plat was conducted before the
Planning Commission of the City of Hastings, as required by state law, city charter, and
city ordinance; and
WHEREAS, The City Council has reviewed the request and recommendation of the
Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Preliminary Plat and Final Plat as presented
subject to the following conditions:
1) Final approval of all Civil Plans including Grading, Drainage and Erosion Control
Plans, and Utility Plans by the Public Works Director.
2) Ownership of Outlot D must be transferred to the City of Hastings for stormwater
management.
3) Execution of a Development Agreement to memorialize conditions of approval
and to establish applicable escrow amounts to ensure completion of public
improvements.
X-C-02 (a-d)
4) Execution of a stormwater access and maintenance agreement between the City
and property owner prior to recording of the final plat.
5) All disturbed areas on the property shall be stabilized with rooting vegetative
cover to eliminate erosion control problems.
6) Submission of certification of taxes paid in full for the property prior to release
of the final plat mylars for recording.
7) Payment of $77,000 ($2,200 x 35 lots) to satisfy park dedication requirements
prior to release of the final plat mylars for recording.
8) Payment of $16,975 ($485 x 35 lots) in sewer interceptor fees prior to release of
the final plat mylars for recording.
9) Individual mailboxes for each home are not permitted. Mailboxes must be
grouped into clusters.
10) Developer shall plant "boulevard" trees of at least 1.5 caliper inches according
to the submitted tree plan. An escrow is required for any unplanted trees
before a certificate of occupancy is issued.
11) One “front yard” tree of at least 1.5 caliper inches must be planted by the builder or
developer on every platted lot. An escrow is required for any unplanted trees before
a certificate of occupancy is issued.
12) Relocate or replace existing trees located on Block 3 that are impacted by grading.
The tree locations should create a buffer between the proposed 4th Addition and
2nd Addition. Relocation onto the adjacent South Oaks 2nd Addition property is
acceptable upon written agreement with the owners of the adjacent property.
13) Outlots A, B, and C must be deeded to the respective abutting properties to the north so
as not to remain remnant parcels.
14) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
15) Approval is subject to a one-year Sunset Clause; the plat must be recorded with
Dakota County within one year of City Council approval or approval is null and
void.
Council member ______________________ moved a second to this resolution and
upon being put to a vote it was adopted by the Council Members present.
X-C-02 (a-d)
Adopted by the Hastings City Council on October 16, 2023, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh,
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution
presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on
the 16tth day of October, 2023, as disclosed by the records of the City of Hastings
on file and of record in the office.
________________________________
Kelly Murtaugh, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (JH)
101 4th St. E.
Hastings, MN 55033
X-C-02 (a-d)
Planning Commission Minutes – September 25, 2023
Greg J Homes – Continued – Preliminary and Final Plat #2023-21 – South Oaks
4th Addition
Director Hinzman provided a summary of the request of the Preliminary and Final
Plat application of the South Oaks of Hastings 4th Addition as submitted by Greg J.
Homes. The public hearing and review are continued from the August 28, 2023
Planning Commission meeting. The proposed 35 lot subdivision is generally located
Southwest of 31st Street and Century Drive. Hinzman shared the development
history of the area, indicating that a similar request was approved by the City in
2017. Approvals from 2017 are null and void due to failure of the developer to record
the plat within the one-year sunset clause requirement that expired in February,
2018.
Chair Messina re-opened the public hearing at: 7:10 PM
Gabrielle and Rene Wegner, 734 South Oaks Drive, Mrs. Wegner expressed
concern for increased number of homes with smaller lot sizes, traffic concerns,
safety concerns of children, preservation of vegetation in the area. Mr. Wegner
posed questions regarding parkland dedication fees. Additional concerns raised
regarding residential waste and snow removal.
Greg Jablonski, of Greg J Homes responded to concerns expressed by residents
and shared additional details of the development. Jablonski responded to the
parkland dedication fees and minimum setback requirements. Hinzman indicated the
application was received prior to the recent increase of parkland dedication fees.
Jablonski shared the proposal is aimed to meet current market needs.
Gabrielle and Rene Wegner, 734 South Oaks Drive, posed questions around the
resale price of current homes in the area and expressed the expectation of the
quality of the homes to be constructed. Mr. Wegner reiterated their concerns for
safety and the number of homes in the development and the future of the housing
market.
Chair Messina closed the public hearing at: 7:28 PM and invited Commissioners to
ask questions or offer comments.
Commission discussion on Outlot D in regard to ownership, maintenance, and fees.
Hinzman indicated it was determined that the maintenance fees would be paid by
the thirty-five (35) property owners in the development. The City would own Outlot
D, evaluate the stormwater pond, and hire contractors for maintenance. Commission
shared the requirements are met, indicating the next steps should be taken by the
City Council.
Commissioner Peters motioned to approve the Preliminary and Final Plat request as
presented, seconded by Commissioner McGrath.
X-C-02 (a-d)
Commission discussion on Planned Residential Development and the minimum size
lot requirements and additional stipulations. Hinzman indicated Planned Residential
Development is a part of zoning and that it does not expire. Hinzman shared the
next steps of the request.
Ayes: Commissioners Messina, LeBrun, McGrath, and Peters.
Nays: None
Absent: Halberg, Teiken.
Planning Commission Minutes – August 28, 2023
Greg J Homes – Preliminary and Final Plat #2023-21 – South Oaks 4th Addition
Director Hinzman provided a summary of the request related to the Preliminary and
Final Plat application of the South Oaks of Hastings 4th Addition as submitted by
Greg J. Homes. The proposed 35 lot subdivision is generally located Southwest of
31st Street and Century Drive. Planning Commission is requested to hold a public
hearing and review development plans as well as table action until the September
11, 2023 Planning Commission Meeting. At this time, additional information must be
submitted by the developer to complete the review of civil plans for stormwater
treatment. Staff cannot provide a recommendation for approval until plans are
submitted and reviewed. Hinzman shared the development history of the area,
indicating this same request was approved by the City in 2017. Approvals from 2017
are null and void due to failure of the developer to record the plat within the one-year
sunset clause requirement that expired in February, 2018.
Chair Messina opened the public hearing at: 7:23 PM
Gabrielle and Rene Wegner, 734 South Oaks Drive, expressed concern for
increased traffic, safety concerns for children, an increased number of homes with
smaller lot sizes, snow fall and removal, as well as current vegetation in the area.
Abram Whitebird, 765 31st Street West, expressed concerns of current ponding
issues during winter months.
Erica Wood, 3500 Century Drive, expressed concerns for the increased number of
homes, water ponding concerns, and impact on current vegetation.
Greg Jablonski, responded to concerns expressed by residents and shared
additional details of the development.
Chair Messina closed the public hearing at: 7:39 PM and invited Commissioners to
ask questions or offer comments.
Commission discussion on narrow roadways, lack of pedestrian sidewalks, and
snow removal concerns. Commissioners discussed the ownership of Outlot D within
the plan and current vegetation plans. Hinzman indicated that Outlot D would be
owned and maintained by the City, including the site plan will show the vegetation
X-C-02 (a-d)
plan as a whole. Commissioners expressed concerns regarding pedestrian safety
throughout the area. Hinzman shared there are two things that regulate sidewalk
improvements, one being the subdivision ordinance and the other being the People
Movement Plan. Commissioners expressed the need to see the final plan. Hinzman
indicated the Commission can provide suggestions to the developer for
consideration in the final plan. Hinzman shared history of the South Oaks
development.
Commissioner LeBrun motioned to continue the public hearing to the September 11,
2023 Planning Commission meeting, also tabling action until the September 11th
meeting, seconded by Commissioner Peters.
Ayes: Commissioners Messina, LeBrun, Peters, and Teiken.
Nays: None
Absent: Halberg, McGrath
X-C-02 (a-d)
Planning Commission Memorandum
To: Planning Commission
From: John Hinzman, Community Development Director
Date: September 25, 2023
Item: Public Hearing – South Oaks 4 - Preliminary and Final Plat - CONTINUED
REQUEST
The Planning Commission is asked to take the following actions related to the Preliminary and
Final Plat application of South Oaks of Hastings 4th Addition as submitted by Greg J Homes.
The proposed 35 lot subdivision is generally located southwest of 31st Street and Century Drive.
1) Continue the public hearing.
2) Recommend action on the Preliminary and Final Plat Application.
The Planning Commission voted 4-0 to recommend continuation of both the public hearing and
application at the August 28th meeting.
BACKGROUND INFORMATION
Planning Commission Meeting – August 28, 2023
Public hearing opened with three individuals providing comment pertaining to the number of
homes in the area, traffic and safety concerns for children, snow management, loss of trees, and
increase of homes from past plat applications. Commissioners discussed rationale for a planned
residential development, street width, and storage of snow. Commission voted 4-0 to continue
the public hearing and table the application to the September 11, 2023 Planning Commission
meeting at the request of staff.
History
Over the last 20 years, various approvals have been granted for the area now being platted as
South Oaks 4th Addition. Previous Plat approvals for the subject property have expired and are
null and void. City Code requires submittal of a Final Plat within one year of Preliminary Plat
approval.
• South Oaks of Hastings 1st and 2nd Addition Preliminary Plat - 2001-2003 - City
approved the preliminary plat for the larger South Oaks including 197 units comprising
of 34 single-family homes and 163 townhomes. The area now proposed as South Oaks
4th Addition consisted of 38 (1st addition) and 47 (2nd addition) attached townhome units.
X-C-02 (a-d)
No final plat application for the subject area were submitted and the approvals for
preliminary plat have expired.
• South Oaks of Hastings 4th Addition - 2017 - City approved preliminary and final plat
for subdivision of 30 single family lots. Same area as current subdivision request.
Approvals are null and void due to failure of the developer to record the plat within the
one-year sunset clause requirement that expired in February, 2018.
• South Oaks of Hastings 4th Addition - 2021 – City approved the preliminary and final
plat for subdivision of 33 single family lots. Same area as current subdivision request.
Planning Commission recommended denial based upon incomplete plans, safety concerns
due to number of homes and driveways, number of homes, and narrowing of right-of-way
and street. Approvals are null and void due to failure of the developer to record the plat
within the one-year sunset clause requirement that expired in May 2022.
Notification
Notification of the request was published and mailed to all property owners within 350 feet. Staff
has not received any comments at this time.
Comprehensive Plan Classification
The 2040 Comprehensive Plan designates the property as Medium Density Residential. The
proposed density is consistent with the plan.
Zoning Classification
The property is zoned R-3, PRD. The R-3 designation allows Medium-High Density Residential
development. The PRD or Planned Residential Development designation allows for flexibility of
development to achieve variety of housing types and densities, sensitivity to unique and valuable
natural characteristics, efficiency of recreation/ infrastructure, and the transfer of density from
one area of the PRD to another. The original plan for South Oaks has changed since inception
due to the changing housing market over the past 20-years, while small sections are individually
developed.
Adjacent Zoning and Land Use
Direction Property Use Zoning Comp Plan
North Single family homes R-2 Medium Density
East Townhomes R-3 PRD Medium Density
South Single family homes R-3 PRD Medium Density
West Single family homes R-3 PRD Medium Density
Existing Condition
The subject property is vacant land but has had some general site grading.
X-C-02 (a-d)
PRELIMINARY & FINAL PLAT REVIEW
Authority
Hastings City Code Chapter 154 – Subdivisions- establishes rules and procedures for platting
land.
Difference Between Preliminary Plat and Final Plat
Preliminary Plat approval includes the plan for future subdivision of the entire development
including a review of lots, streets, grading, stormwater, utilities, public land dedication, and
landscaping. Final Plat approval is the formal subdivision of all or a portion of a Preliminary
Plat into lots of record for home construction. The Preliminary Plat establishes the plan for
development, while the Final Plat formally puts the plan into effect.
Planned Residential Development - PRD
South Oaks was approved as a PRD in 2002 which included development of 47 townhome
units in the area now proposed for South Oaks 4th Addition. PRD allows for flexibility from
standard zoning requirements (such as minimum setback and lot size requirements) in
exchange design innovations. PRD zoning allows for lot size flexibility.
Street Layout
Street layout is unchanged from previous approvals. Flagstone Drive is proposed between South
Oaks Drive and 31st Street, connecting existing street stubs in both locations. Alderwood Drive
would intersect South Oaks Drive at an existing curb cut.
All streets would be public and platted at a 50-foot right-of-way (ROW) width and 30-foot street
section, narrower than the standard 60-foot ROW width and 32-foot street section that is typical.
The proposed width was approved as part of an earlier phase of the South Oaks Development
and matches the existing ROW stub inlets. The proposed ROW would not allow for sidewalks,
and limit space for underground public and private utilities, and boulevard snow storage. The
street width would allow for parking of vehicles on both sides of the street and ingress and egress
for emergency vehicles.
Lot Layout
The current plat contains 35 single family lots, two more than the 2021 approval. Lot sizes range
from 4,500 s.f. to 7,100 s.f. with an average lot size of 5,286 s.f. The R-3 Zoning District
establishes a minimum lot size of 5,000 s.f. Approximately half of the lots are below 5,000 s.f.
The PRD approved for South Oaks Development allows for flexibility in lot sizes. The proposed
lot widths limit home designs to frontal elevations containing a protruding garage with the main
home located behind the garage. Plats with smaller lots typically contain common open space
managed by a singular entity (typically a homeowner’s association). Within South Oaks 4,
maintenance of individual lots would be the responsibility of individual property owners.
X-C-02 (a-d)
Outlets
Outlots A, B, and C are proposed at the northwest corner of the plat similar to past approvals.
The developer proposes to transfer these outlots to adjoining properties to the north to create
larger rear lot areas. Outlot D would contain a stormwater maintenance pond that would be
transferred to the City.
Parking
The incorporation of smaller lot widths will reduce the availability of on street parking areas.
Spaces between driveways will become smaller. Driveways for most homes will be able to
accommodate two vehicles in front of the garage. Although parking meets the minimum zoning
requirements, overflow parking along public streets within the subdivision will be limited due
the number of driveway curb-cuts and spaces between them.
Setbacks
The following setbacks apply for new homes within the subdivision:
Setback Distance
Front 20’
Side 7’
Corner Side 10’
Rear 20’
Sewer Interceptor Fee
The applicant shall pay $16,975 ($485 x 35 lots) in sewer interceptor fees, prior to signature of the
final plat mylars.
Park Dedication
On March 29, 2016 the Park and Recreation Commission recommended payment of cash in lieu
of land to satisfy park dedication. The applicant shall pay $77,000 ($2,200 x 35 lots) in park
dedication fees, prior to signature of the final plat mylars.
Landscaping
At the time of construction, landscaping for single-family lots must include the following:
• One boulevard tree must be planted within the right-of-way.
• One front yard tree must be planted in the front yard.
There are existing mature evergreen trees located along the northeastern boundary that were
planted as a buffer during development of the adjacent South Oaks 2nd Addition. These trees will
likely be impacted by grading and must be replaced or relocated in the same general area.
Relocation onto the adjacent South Oaks 2nd Addition property is acceptable upon written
agreement with the owners of the adjacent property.
Traffic
This housing development was considered in the development of the area street layout. In
addition, the proposed density is lower than was originally planned as townhomes.
X-C-02 (a-d)
Grading and Drainage Review
The stormwater management plan has been reviewed and approved by the City’s Engineering
Department. The proposed improvements meet the minimum requirements of the storm water
ordinance. One comment/concern that has been identified by Barr was the depth of the
infiltration basin proposed for the development. That depth is proposed at 4’ and exceeds the
depth of basin that Barr is comfortable with to establish and maintain vegetation. This may
become a maintenance nuisance on the City Outlot in the future. To that end, we recommend an
extended warranty on the infiltration basin to ensure its long-term establishment and
functionality up to 3 years from the date of acceptance. Review will continue on construction
level detail. A condition to meet requirements of the Civil Engineering review has been added as
a condition of approval.
Recommendation
Approval of the Preliminary and Final Plat is recommended subject to the following conditions:
1) Final approval of all Civil Plans including Grading, Drainage and Erosion Control Plans,
and Utility Plans by the Public Works Director.
2) Ownership of Outlot D must be transferred to the City of Hastings for stormwater
management.
3) Execution of a Development Agreement to memorialize conditions of approval and to
establish applicable escrow amounts to ensure completion of public improvements.
4) Execution of a stormwater access and maintenance agreement between the City and
property owner prior to recording of the final plat.
5) All disturbed areas on the property shall be stabilized with rooting vegetative cover to
eliminate erosion control problems.
6) Submission of certification of taxes paid in full for the property prior to release of the
final plat mylars for recording.
7) Payment of $77,000 ($2,200 x 35 lots) to satisfy park dedication requirements prior to
release of the final plat mylars for recording.
8) Payment of $16,975 ($485 x 35 lots) in sewer interceptor fees prior to release of the final
plat mylars for recording.
9) Individual mailboxes for each home are not permitted. Mailboxes must be grouped into
clusters.
X-C-02 (a-d)
10) Developer shall plant "boulevard" trees of at least 1.5 caliper inches according to the
submitted tree plan. An escrow is required for any unplanted trees before a
certificate of occupancy is issued.
11) One “front yard” tree of at least 1.5 caliper inches must be planted by the builder or
developer on every platted lot. An escrow is required for any unplanted trees before
a certificate of occupancy is issued.
12) Relocate or replace existing trees located on Block 3 that are impacted by grading. The
tree locations should create a buffer between the proposed 4th Addition and 2nd Addition.
Relocation onto the adjacent South Oaks 2nd Addition property is acceptable upon written
agreement with the owners of the adjacent property.
13) Outlots A, B, and C must be combined with the respective abutting properties to the north
so as not to remain remnant parcels.
14) Any uncompleted site work (including landscaping) must be escrowed for prior to
issuance of a certificate of occupancy.
15) Approval is subject to a one-year Sunset Clause; the plat must be recorded with Dakota
County within one year of City Council approval or approval is null and void.
Attachments
• Location Map
• Aerial Photograph
• Preliminary Plat
• Final Plat
• Civil Plans
• Application
X-C-02 (a-d)
Location
X-C-02 (a-d)
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2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306
PHONE: 952.890.6044 www.jrhinc.com
PLANNERS / ENGINEERS / SURVEYORS
SOUTH OA.S OF HASTINGS 4TH ADDITION
HASTINGS, MINNESOTA
PRELIMINARY PLAT
FOR
GREG -. HOMES
3475 VERMILLION ST., SUITE 102, HASTINGS, MN 55033
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KNOW ALL PERSONS BY THESE PRESENTS: That Gregory A. Jablonske and Susan M. Jablonske, husband andwife, owners of the following described property:That part of Outlot A, South Oaks of Hastings 2nd Addition, except that part platted as South Oaks of Hastings3rd Addition, according to the recorded plat thereof, Dakota County, Minnesota.Have caused the same to be surveyed and platted as SOUTH OAKS OF HASTINGS 4TH ADDITION and doeshereby dedicate to the public for public use the public ways and the drainage and utility easements ascreated on this plat.In witness whereof said Gregory A. Jablonske and Susan M. Jablonske, husband and wife, have hereunto settheir hands this day of , 20 .By: By: Gregory A. JablonskeSusan M. JablonskeSTATE OF COUNTY OF This instrument was acknowledged before me on day of , 20, byGregory A. Jablonske and Susan M. Jablonske, husband and wife. County, Printed NameMy commission expires I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct supervision; thatI am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of theboundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been, or will be correctly set within one year; that all waterboundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of thiscertificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20______________________________________________________________Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481STATE OF MINNESOTACOUNTY OF This instrument was acknowledged before me on this day of ,20 , by Marcus F. Hampton. County, MinnesotaPrinted NameMy commission expires January 31,HASTINGS PLANNING COMMISSIONApproved by the Planning Commission of the City of Hastings, Minnesota, this day of, 20By: By: Chair SecretaryCITY COUNCIL, CITY OF HASTINGS, MINNESOTAThis plat of SOUTH OAKS OF HASTINGS 4TH ADDITION was approved and accepted by the City Council of theCity of Hastings, Minnesota at a regular meeting thereof held this day of ,20 , and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2.By: Mayor ClerkDAKOTA COUNTY SURVEYORI hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has beenreviewed and approved this day of , 20 .By: Dakota County SurveyorDAKOTA COUNTY DEPARTMENT OF PROPERTY TAXATION AND RECORDSPursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the landhereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this day of , 20 .By: Director Department Of Property Taxation and RecordsREGISTRAR OF TITLES , COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of SOUTH OAKS OF HASTINGS 4TH ADDITION was filed in the office of theRegistrar of Titles for public record on this day of , 20 , at o'clock . M.and was duly filed in Book of Plats, Page , asDocument Number . DeputyRegistrar of TitlesBEARINGS AR
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X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
DO NOT HEAVILY PRUNE THE TREE AT PLANTING.
PRUNE ONLY CROSSOVER LIMBS, CO-DOMINANT
LEADERS, AND BROKEN OR DEAD BRANCHES. SOME
INTERIOR TWIGS AND LATERAL BRANCHES MAY BE
PRUNED; HOWEVER, DO NOT REMOVE THE TERMINAL
BUDS OF BRANCHES THAT EXTEND TO THE EDGE OF
THE CROWN.
FIELD STAKE TREES FOR THE APPROVAL OF THE
LANDSCAPE ARCHITECT
WRAP TREE TRUNKS BY NOV.15TH AND
REMOVE BY JUNE 1ST.
MARK THE NORTH SIDE OF THE TREE IN THE
NURSERY, AND ROTATE TREE TO FACE
NORTH AT THE SITE WHEN EVER POSSIBLE.
SET TOP OF ROOT BALL FLUSH TO
GRADE OR 1-2 IN. HIGHER IN SLOWLY
DRAINING SOILS.
EACH TREE MUST BE PLANTED SUCH THAT THE
TRUNK FLARE IS VISIBLE AT THE TOP OF THE ROOT
BALL. TREES WHERE THE TRUNK FLARE IS NOT
VISIBLE SHALL BE REJECTED. DO NOT COVER THE
TOP OF THE ROOT BALL WITH SOIL.
4 IN. HIGH EARTH SAUCER BEYOND EDGE OF
ROOT BALL.
REMOVE ALL TWINE, ROPE AND WIRE, AND BURLAP
FROM TOP HALF OF ROOT BALL
IF PLANT IS SHIPPED WITH A WIRE BASKET AROUND THE ROOT BALL,
CUT THE WIRE BASKET IN FOUR PLACES AND FOLD DOWN 8 IN. INTO
PLANTING HOLE.
PLACE ROOT BALL ON UNEXCAVATED OR TAMPED SOIL.
NOTE: FOR DIMENSIONS OF PLANTING AREAS SEE
PLAN, SOIL BACKFILL SHALL BE GARDEN BLEND
SOIL ( EQUAL MIX OF COMPOST, SAND & SOIL ) PER
NOTES.TAMP SOIL AROUND ROOT BALL BASE FIRMLY WITH FOOT
PRESSURE SO THAT ROOT BALL DOES NOT SHIFT.
WOOD MULCH. DO NOT PLACE MULCH IN
CONTACT WITH TREE TRUNK. MAINTAIN
THE MULCH WEED-FREE FOR AFTER
PLANTING.
MULCH RING 6 FT. DIAM. MIN. 8FT. DIAM.
PREFERRED
NOTES:
TOMAHAWK TREE STABILIZER STAKES.
MINIMUM (2) PER TREE.
X-C-02 (a-d)
X-C-02 (a-d)
X-C-02 (a-d)
DEVELOPMENT AGREEMENT
FOR THE PLAT OF
SOUTH OAKS OF HASTINGS 4th ADDITION
BY AND BETWEEN
THE CITY OF HASTINGS
AND
GREGORY A. JABLONSKE AND SUSAN M. JABLONSKE
AND
GREG J. HOMES OF HASTINGS, INC.
X-C-02 (a-d)
2
THIS DEVELOPMENT AGREEMENT is made and entered into on the day of
, 2023, by and between the City of Hastings, a Minnesota municipal corporation
(“CITY”), Gregory A Jablonske and Susan M. Jablonske, husband and wife (“OWNER”), and Greg
J. Homes of Hastings, Inc., a Minnesota corporation (“DEVELOPER”).
RECITALS:
WHEREAS, the OWNER is the fee simple OWNER of the DEVELOPMENT PROPERTY;
and
WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied
to the CITY for approval of the DEVELOPMENT PLANS and OWNER has applied for approval of
the FINAL PLAT for South Oaks of Hastings 4th Addition (“DEVELOPMENT PROJECT”); and
WHEREAS, in conjunction with the granting of these approvals, the CITY requires the
installation and/or availability of public utilities, public streets, storm sewer pipes, ponds, and other
facilities; and
WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429,
and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following
conditions:
1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract
defines the work which the DEVELOPER undertakes to complete; and
2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the
amounts and with conditions set forth herein, providing for assurance of payment for the
actual construction and installation of the improvements in the DEVELOPMENT PLANS, as
specified and required by the CITY.
WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional
engineer and have been submitted to and approved by the CITY ENGINEER.
NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT
AGREEMENT and in reliance upon the representations, warranties and covenants of the parties
herein contained, the CITY and DEVELOPER agree as follows:
ARTICLE 1
DEFINITIONS
1.1. TERMS. The following terms, unless elsewhere defined specifically in the
DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below.
1.2. BUILDER. “BUILDER” means an entity that will be constructing a residence on a
lot in the FINAL PLAT.
X-C-02 (a-d)
3
1.3. CITY. “CITY” means the City of Hastings, a Minnesota municipal corporation.
1.4. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of
Hastings or delegatees.
1.5. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES
identified in Article 12 of this DEVELOPMENT AGREEMENT.
1.6. COUNCIL. “COUNCIL” means the Council of the City of Hastings.
1.7. COUNTY. “COUNTY” means Dakota County, Minnesota.
1.8. DEVELOPER. “DEVELOPER” means Greg J. Homes of Hastings, Inc., a
Minnesota corporation.
1.9. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes,
jointly and severally, any of the following or any combination thereof:
a) failure by the DEVELOPER to timely pay the CITY any money required to
be paid under the DEVELOPMENT AGREEMENT;
b) failure by the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the
CITY standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) breach of the DEVELOPER WARRANTIES.
1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means
and includes, individually and collectively, all the improvements identified in Article 4.
1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all
DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT.
1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means
this agreement by and among the CITY, OWNER and DEVELOPER.
1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans,
drawings, specifications, and surveys dated July 25, 2023 and prepared by J. R. Hill, Inc. as updated
and approved by the City Engineer, hereby incorporated by reference and made a part of this
DEVELOPMENT AGREEMENT.
X-C-02 (a-d)
4
1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a residential
development to be known as South Oaks of Hastings 4th Addition that will be constructed on the
DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT.
1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real
property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT
PROJECT will be constructed.
1.16. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the
COUNCIL, attached hereto as Exhibit B.
1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not
limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not
including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war
or civil disorder affecting the performance of work, blockades, power or other utility failures, fires,
explosions, or pandemics causing shortages of labor or materials or other such matters beyond the
reasonable control of DEVELOPER.
1.18. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to
the other if in writing and if and when delivered or tendered either in person or by depositing it in the
United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and
postal charges prepaid, addressed as follows:
If to CITY: City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to OWNER: Greg and Susan Jablonske
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of service
if served personally on the party to whom notice is to be given, or on the third day after mailing if
mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed
given if and when actually received by a party.
1.19. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to:
a) Finance, administration and legal costs; and
b) Engineering services performed by CITY Staff; and
c) Testing and Right of Way services; and
X-C-02 (a-d)
5
d) Consulting engineering services.
1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES”
means and includes, individually and collectively, any regulatory or governmental agency or entity
affected by or having jurisdiction over the DEVELOPER IMPROVEMENTS.
1.21. OWNER. “OWNER” means Gregory A. Jablonske and Susan M. Jablonske,
husband and wife.
1.22. OWNER DEFAULT. “OWNER DEFAULT” means and includes, jointly and
severally, any of the following or any combination thereof:
a) failure by the OWNER to timely pay the CITY any levied assessments required to be
paid under the DEVELOPMENT AGREEMENT;
b) failure by the OWNER to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this DEVELOPMENT
AGREEMENT;
c) breach of the OWNER WARRANTIES.
1.1. OWNER WARRANTIES. “OWNER WARRANTIES” means that the OWNER
hereby warrants and represents the following:
a) AUTHORITY. OWNER is the fee simple OWNER of DEVELOPMENT
PROPERTY and has the right, power, legal capacity and authority to enter into and
perform its obligations under this DEVELOPMENT AGREEMENT, and no
approvals or consents of any persons are necessary in connection with the authority
of OWNER to enter into and perform its obligations under this DEVELOPMENT
AGREEMENT.
b) NO DEFAULT. OWNER is not in default under any lease, contract or agreement to
which it is a party or by which it is bound which would affect performance under this
DEVELOPMENT AGREEMENT. OWNER is not a party to or bound by any
mortgage, lien, lease, agreement, instrument, order, judgment or decree which would
prohibit the execution or performance of this DEVELOPMENT AGREEMENT by
OWNER or prohibit any of the transactions provided for in this DEVELOPMENT
AGREEMENT.
c) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or threatened against or
affecting OWNER.
d) FULL DISCLOSURE. None of the representatives and warranties made by
OWNER or made in any exhibit hereto or memorandum or writing furnished or to be
X-C-02 (a-d)
6
furnished by OWNER or on its behalf contains or will contain any untrue statement
of material fact or omit any material fact the omission of which would be misleading.
e) FEE TITLE. OWNER owns fee title to all the land in the FINAL PLAT.
1.23. PRELIMINARY PLAT. “PRELIMINARY PLAT” means the preliminary plat
approved by the COUNCIL.
1.24. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes,
individually and collectively, all the improvements identified on Exhibit C and in Article 3.
1.25. PUBLIC UTILITIES. “PUBLIC UTILITIES” means and includes sanitary sewer,
water main, storm sewer and storm water improvements. PUBLIC UTILITIES are included in the
definition of SITE IMPROVEMENTS.
1.26. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes those
improvements identified on Exhibit C.
1.27. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly
and severally, the following:
a) Utility companies, including electric, gas, cable and telecommunications;
b) Pipeline companies.
ARTICLE 2
FINAL PLAT APPROVAL
2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All
conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a
condition of this DEVELOPMENT AGREEMENT.
2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL
PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits
shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this
DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY
has received the financial obligations required in Article 15.
ARTICLE 3
SITE IMPROVEMENTS
3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost,
all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for
making public improvements.
X-C-02 (a-d)
7
3.2. DEVELOPMENT CHARGES. The CITY imposes certain development charges
for sewer, stormwater, streets and park dedication for all new developments. Such development
charges are identified on Exhibit C.
ARTICLE 4
DEVELOPER IMPROVEMENTS
4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own
cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and
in accordance with the approvals of the COUNCIL, and all ordinances and PRELIMINARY and
FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous
Requirements on Exhibit D, attached hereto.
4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable
ground material shall exist in the areas of public street and utility improvements and shall guarantee
the removal, replacement or repair of substandard or unstable material through the warranty period.
The cost of said removal, replacement or repair is the responsibility of the DEVELOPER.
4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall
construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with
the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary outlots
and easements for the preservation and maintenance of the drainage system, for drainage basins and
for utility service and for utility looping. The DEVELOPER and OWNER shall enter into any
stormwater management facilities agreement with the CITY that are deemed reasonably necessary to
fulfill the obligations of this Section for the DEVELOPMENT PROPERTY. The grading and
drainage plan shall include lot and building elevations, drainage swales, storm sewer, catch basins,
erosion control structures and ponding areas necessary to conform to the overall CITY surface water
management plan. The grading of the DEVELOPMENT PROPERTY shall be completed in
conformance with the DEVELOPMENT PLANS, subject only to such design criteria and engineering
design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding
any amendment or change to CITY standards for development subsequent to approval of the FINAL
PLAT.
DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL PLAT.
Additional utility and drainage easements that may be reasonably required by the CITY may be
granted by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of
Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a
Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER
reflecting conformance with the approved grading plan and confirming that the lot corner
monuments are installed.
Building construction and general construction activities are limited to Monday through
Friday between the hours 7:00 AM to 10:00 PM and on Saturday between the hours of 9:00 AM
and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to
Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturdays by request,
but limited to between the hours of 9:00 AM to dusk.
X-C-02 (a-d)
8
4.4. GRADING OF STREETS. The DEVELOPER must grade, in accordance with the
grading plan provided to and approved by the CITY, all public streets, boulevards, driveways and
other public lands, if any, and other lands shown in the approved grading plan. If the DEVELOPER
does not perform the work required by this paragraph, the CITY will complete all work required
of the DEVELOPER. The DEVELOPER will be financially responsible for payments for this
work, which will be assessed as provided in Section 16.2.
4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a
bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the
bituminous wear course of streets after the first course (base course) has weathered a winter season,
consistent with warranty requirements, however such wear course shall be installed no later than
October 1, 2025. A bituminous ramping wedge to protect the concrete lip from snowplow damage
shall be installed with the bituminous base course. Prior to paving the bituminous wear course,
the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for
damage prior to the installation of the bituminous wear course and may require repairs and/or
replacement by DEVELOPER depending on the severity of damage. Final acceptance of the
required improvements by the CITY will not be granted until all work, including final wear course,
is completed.
4.6. STREET MAINTENANCE. DEVELOPER is responsible for all maintenance,
upkeep and repair of all public streets contained within the FINAL PLAT from initiation of
construction through final acceptance by the CITY.
4.7. STREET SWEEPING. The DEVELOPER is responsible for the removal of all
construction debris and earth materials within the public right-of-way typically resulting from new
home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is
keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an
unacceptable condition, the CITY will have appropriate equipment dispatched to the site and all costs
associated with the clean-up effort will be billed to the DEVELOPER.
4.8. STREET SIGNS. The DEVELOPER shall be financially responsible for the
installation of street identification signs, and non-mechanical and non-electrical traffic control signs.
Street signs will be in conformance with the names as indicated on the FINAL PLAT and pursuant to
CITY standards. The actual number and location of signs to be installed shall be determined by the
CITY and actual installation shall be performed by CITY authorized personnel. DEVELOPER shall
deposit an escrow identified on Exhibit C to furnish and install all required street and traffic control
signage for the development, provided this cost and escrow will not cover the required Type III
Barricades and Future Street Extension Sign to be installed and removed by the DEVELOPER at
DEVELOPER’S expense.
4.9. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured
sod between all adjacent street curbs and between front and rear lot lines throughout each lot in the
entire FINAL PLAT. For a lot where the Certificate of Occupancy is issued between August 1 and
May 1 of the following year, completion of the work described in this paragraph shall be completed
by the BUILDER by June 15; for a lot where the Certificate of Occupancy is issued between May 1
X-C-02 (a-d)
9
and July 31, completion of the work described in this paragraph shall be completed by the BUILDER
by September 15.
4.10. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all
boulevards within 30 days of the completion of street related improvements and restore all other areas
disturbed by the development grading operation in accordance with the approved erosion control plan,
over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall
remove the silt fences after grading and construction have occurred.
4.11. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot
corner monumentation within one year from the date of recording the FINAL PLAT, or the
monumentation shall be installed on a per lot basis at the time the building permit for the subject lot
is issued, whichever occurs first. At the end of the one year period from recording of this
DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written
verification by a registered land surveyor that the required monuments have been installed throughout
the FINAL PLAT.
4.12. BOULEVARD TREES. The DEVELOPER or BUILDER shall contact the City
Forester for the purposes of staking the location of the boulevard trees to be planted in accordance
with the Boulevard Tree Planting Plan approved as part of the FINAL PLAT. The minimum size of
tree to be planted in the City’s Right-of-Way shall be one and half (1 ½) inch caliper, as measured by
the American Association of Nurserymen. Boulevard Trees are a part of the Landscape Escrow
requirements as detailed in Exhibit C.
4.13. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR
DURING CONSTRUCTION. The DEVELOPER or BUILDER shall clear, as necessary, any soil,
earth or debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from
the grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents or
BUILDER, and shall restore to the CITY’s specifications any gravel base contaminated by mixing
construction or excavation debris, or earth in it, and repair to the CITY’s specifications any damage
to bituminous surfacing resulting from the use of construction equipment. In the event BUILDER
fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section
14.1 shall apply.
Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings
within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching
and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and
assume all responsibilities relating to snow removal and ice control, if the streets have not been
accepted for winter maintenance by the CITY ENGINEER by October 15, or later if approved by the
CITY’s Public Works Director. Completion of the work described in the paragraph shall be completed
within fifteen (15) days after notice by the CITY to the DEVELOPER that repair, or restoration is
required. Saturday working hours for the site grading/street and utility construction should start at
9:00 a.m.
4.14. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued
until the DEVELOPER has constructed a temporary access consisting of a bituminous surface base
X-C-02 (a-d)
10
that is acceptable in design by the CITY and the conditions on Exhibit D have been followed.
Special consideration may be given for one model home building permit if approved by the City’s
Building Official and Fire Marshal and only after Class V gravel base and utilities have been
installed and accepted by the City Engineer.
No temporary certificate of occupancy for any lot within the FINAL PLAT shall be issued until the
DEVELOPER has constructed a permanent bituminous roadway and water and sanitary sewer
improvements are available for use and all conditions of Exhibit D have been followed. No permanent
certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary
sewer improvements are available for use and the first lift of street pavement has been installed.
Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any
necessary temporary bituminous roadway before the public roadway is constructed and shall maintain
reasonable access to any occupied house or houses, including necessary street maintenance prior to
permanent street improvements that are accepted by the CITY.
4.15. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a
concrete or bituminous surface driveway for the lot in accordance with CITY approved standards. For
a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year,
completion of the work described in this paragraph must be completed by June 15; for a lot for which
a certificate of occupancy is issued between May 1 and July 31, completion of the work described in
this paragraph shall be completed by September 15.
4.16. VEGETATION. The DEVELOPER or BUILDER shall comply with CITY
ordinances and policies related to preservation of vegetation and trees and specifically shall exercise
reasonable efforts in residential areas to save mature, non-diseased trees and vegetation on the subject
land which do not have to be removed for reasonable installation of buildings, streets, utilities or
drainage improvements, construction activities related thereto, or site grading. Prior to any
excavation, the DEVELOPER or BUILDER shall require a certified arborist to install tree protection
on all trees that are to be saved and to mark such trees with a red band prior to any excavation. All
diseased trees shall be removed according to CITY ordinance requirements. In the event BUILDER
fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section
14.1 shall apply.
4.17. LANDSCAPING. The responsibility for landscaping requirements is as follows:
a) The DEVELOPER is responsible for installing all landscaping improvements in
accordance with the CITY’S subdivision regulations, CITY ordinances and approved
landscape plan.
b) The DEVELOPER will be financially responsible for the work outlined in Section
4.17(a), which shall be secured by a Letter of Credit described in Exhibit C.
4.18. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for
erosion control and pond maintenance in accord with the Best Management Practices (BMP) as
delineated in the Minnesota Pollution Control Agency Construction Stormwater General Permit and
a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and
X-C-02 (a-d)
11
shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and maintain
such erosion control structures as are necessary under the DEVELOPMENT PLANS or as it becomes
necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the
result of DEVELOPER’s grading and excavation within the FINAL PLAT including, but not limited
to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final
graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER
shall seed or sod any areas disturbed by DEVELOPER in accordance with the DEVELOPMENT
PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that
are reasonably required by the CITY. The parties recognize that time is of the essence in controlling
erosion. If the DEVELOPER does not provide the required erosion control, the CITY may, after a
forty-eight (48) hour notice, take appropriate action to control erosion. Subject to the foregoing
requirement, the CITY may draw upon any posted financial guarantee to pay costs incurred by the
CITY in controlling erosion within the FINAL PLAT, or at the CITY’s option, assess the additional
costs incurred as part of the DEVELOPER IMPROVEMENTS.
4.19. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER
must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street
Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any
lot purchaser within the FINAL PLAT. DEVELOPER shall not transfer or assign its responsibility
to perform the requirements of Street Signs to any BUILDER.
4.20. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within
the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush,
or other rank vegetation to a height greater than twelve (12) inches, or permit any accumulation of
dead weeds, grass or brush, unless such vegetation has been approved pursuant to a landscape plan
that involves native grasses or plantings. In the event the DEVELOPER fails to comply with this
provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this
paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER
or assessed against the property that is in violation.
4.21. ESCROW FOR SEAL COATING OR EQUIVALENT PREVENTATIVE
MAINTENANCE PRODUCT. DEVELOPER shall deposit a preventative maintenance product
escrow identified on Exhibit C. Preventative maintenance of the new public streets and newly
resurfaced street sections within the PLAT will be completed by the CITY as part of the annual
street maintenance program.
4.22. SPECIFICATIONS - INSPECTIONS. Unless otherwise stated, all of the
required improvements for the DEVELOPMENT PROJECT shall conform to engineering
standards and specifications as required by the CITY. Such DEVELOPER IMPROVEMENTS
shall be subject to inspection and approval and shall be made in sequence as determined by the
Public Works Department. Plans and specifications for the required improvements shall be
submitted to the Public Works Department in a type and format specified by the Public Works
Department for review and approval. The required improvement plan review fee shall be paid at
that time. DEVELOPER shall retain a testing consultant, approved by the CITY, to complete
necessary third-party testing of all materials, soil compaction and other infrastructure systems as
required by CITY infrastructure specifications, and shall direct that the consultant provide copies
X-C-02 (a-d)
12
of all test reports to the CITY at the same time as they are provided to the DEVELOPER. The
DEVELOPER shall provide proof to the CITY prior to the onset of construction activities that it
has a valid contract with said testing consultant. If any utility or other improvements are required
as part of the CITY’S approval process, those improvements shall be inspected by a CITY
designated inspector for compliance with CITY standards and the approved DEVELOPMENT
PLANS. The Public Works Director shall determine the estimated cost of inspection services.
The CITY will pay all improvement inspection costs incurred from escrowed funds deposited with
the CITY by the DEVELOPER in an amount estimated on Exhibit C, but DEVELOPER shall pay
the actual amount determined by the CITY ENGINEER. The CITY will also charge an
administration fee to cover the costs of the CITY’S administrative and consultant fees connected
to the inspection services and related construction oversight efforts. Excess funds will be returned
to the DEVELOPER upon completion and acceptance of the DEVELOPMENT PROJECT. If
escrowed funds deposited with the CITY are insufficient to cover the inspection costs, the
DEVELOPER shall deposit additional funds to cover the estimated overage. Upon completion of
the required public improvements the Developer’s engineer of record shall send as-built grading
and utility drawings certifying their compliance to the CITY’S engineering standards and
specifications and with those costs paid by DEVELOPER.
ARTICLE 5
PARK CONTRIBUTION REQUIREMENTS
5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication
requirements as defined in the City Code. Park dedication fees identified in Exhibit C must be paid
prior to the release of the FINAL PLAT.
ARTICLE 6
PERMITS, LICENSES AND OTHER APPROVALS
6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and
licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES,
as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be
determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs
incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any
OTHER REGULATORY AGENCIES due to the failure of the DEVELOPER to obtain or comply
with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The
DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER
REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the
DEVELOPER.
ARTICLE 7
OTHER DEVELOPMENT REQUIREMENTS
7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements for
approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL prior to
the date hereof are incorporated herein and identified on Exhibit D.
X-C-02 (a-d)
13
7.2. CONVEYANCE OF OUTLOTS. DEVELOPER shall convey Outlots A, B and C
to the adjacent property owners of South Oaks of Hastings 2nd Addition, and submit appropriate
documentation to Dakota County to combine the outlots with the parent parcel, as provided on Exhibit
D.
ARTICLE 8
PUBLIC UTILITIES
8.1. PUBLIC UTILITIES. DEVELOPER shall install sanitary sewer, water main, storm
sewer and storm water improvements by August 1, 2024, subject to extension(s) due to weather and
seasonal conditions. DEVELOPER may request an extension of this deadline in writing from the City
Engineer for other reasons, which extensions shall be granted in the CITY’S reasonable discretion. If
granted, the performance deadline extension shall be conditioned upon (a) updating the security
posted by DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the
DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance
completion date. Any such extension may also be conditioned upon certain technical accommodations
that may be required by the CITY to allow serviceability of the development infrastructure beyond a
single construction season should any public infrastructure facilities not be fully completed before
winter conditions ensue.
ARTICLE 9
RESPONSIBILITY FOR COSTS
9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. Except as otherwise
provided herein, the DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and SITE
IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or
materials, or insurance premiums or equipment or supplies and all just claims for the same; and the
CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on
account thereof, whether or not the CITY shall have approved the contract or subcontract. Such site
improvements are identified on Exhibit C.
The DEVELOPER is responsible for contracting and paying for the street and utility testing costs.
The CITY’s designated inspector on the DEVELOPMENT PROJECT will coordinate the street and
utility testing activities. All testing reports shall be sent to the CITY with a copy to the DEVELOPER.
If deductions are owed on the street and utility construction pursuant to the MNDOT standards for
construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days
after DEVELOPER receives notices of such deductions.
9.2. MISCELLANEOUS CHARGES. The DEVELOPER shall reimburse the CITY for
all miscellaneous costs and charges reasonably incurred or to be incurred by the CITY in connection
with this DEVELOPMENT AGREEMENT, including administrative and consultant fees.
X-C-02 (a-d)
14
9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs
incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs
and reasonable attorneys’ fees.
9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within
thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of
eight percent (8%) per year.
ARTICLE 10
DEVELOPER WARRANTIES
10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby
warrants and represents the following:
a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT
PROPERTY in the FINAL PLAT and has the right, power, legal capacity and
authority to enter into and perform its obligations under this DEVELOPMENT
AGREEMENT, and no approvals or consents of any persons are necessary in
connection with the authority of DEVELOPER to enter into and perform its
obligations under this DEVELOPMENT AGREEMENT.
b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or
agreement to which it is a party or by which it is bound which would affect
performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a
party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment
or decree which would prohibit the execution or performance of this
DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the
transactions provided for in this DEVELOPMENT AGREEMENT.
c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and
is not in violation of applicable federal, state or local statutes, laws, and regulations
including, without limitation, permits and licenses and any applicable zoning,
environmental or other law, ordinance or regulation affecting the FINAL PLAT and
the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and
DEVELOPER is not aware of any pending or threatened claim of any such violation.
d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with
all applicable federal, state and local statutes, laws and regulations including, without
limitation, permits and licenses and any applicable zoning, environmental or other
law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT
PLANS and the DEVELOPER IMPROVEMENTS.
e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or
other proceeding or governmental investigation pending, or to DEVELOPER’S
knowledge threatened against or affecting DEVELOPER or the FINAL PLAT or the
X-C-02 (a-d)
15
DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER
is not in default with respect to any order, writ, injunction or decree of any federal,
state, local or foreign court, department, agency or instrumentality.
f) FULL DISCLOSURE. None of the representatives and warranties made by
DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or
to be furnished by DEVELOPER or on its behalf intentionally contains or will contain
any untrue statement of material fact or intentionally omit any material fact the
omission of which would be misleading. Any unintentional untrue statements or
omissions shall be corrected or cured within thirty (30) days after the DEVELOPER
receives FORMAL NOTICE or obtains knowledge of such error, unless an extension
is granted by the CITY.
g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS
comply with all CITY, COUNTY, metropolitan, state and federal laws and
regulations, including but not limited to, subdivision ordinances, zoning ordinances
and environmental regulations.
h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER
warrants all work required to be performed by it under this DEVELOPMENT
AGREEMENT against defective material and faulty workmanship for a period of one
(1) year after its completion and acceptance by the CITY, except for the infiltration
basin improvements as described below. The DEVELOPER shall be solely
responsible for all costs of performing repair work required by the CITY within thirty
(30) days of notification. All trees, grass, and sod shall be warranted to be alive, of
good quality, and disease free for one (1) year after planting. Any replacements shall
be similarly warranted for one (1) year from the time of planting. The warranty period
for the infiltration basin improvements on Outlot D shall be for three (3) years after
conveyance of Outlot D to the CITY; the warranty for the infiltration basin
improvements shall also include the obligation of the DEVELOPER to repair and
correct any damage to or deficiency with respect to such improvements on Outlot D.
i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and
pay for all required permits, licenses and approvals, and shall meet, in a timely
manner, all requirements of all applicable, local, state and federal laws and regulations
which must be obtained or met before the DEVELOPER IMPROVEMENTS may be
lawfully constructed. A list of the CITY permits, licenses, and approvals required is
identified on Exhibit E.
ARTICLE 11
OWNER WARRANTIES
11.1. STATEMENT OF OWNER WARRANTIES. The OWNER hereby makes and
states the OWNER WARRANTIES.
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16
ARTICLE 12
CITY WARRANTIES
12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and
represents as follows:
a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly
existing in good standing the laws of the State of Minnesota.
b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into
and perform its obligations under this DEVELOPMENT AGREEMENT.
ARTICLE 13
INDEMNIFICATION OF CITY
13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under
this DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or
damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents,
employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the CITY
incurs of suffers, which arise out of, result from or relate to:
a) breach by the DEVELOPER of the DEVELOPER WARRANTIES;
b) failure of the DEVELOPER to timely construct the DEVELOPER
IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY
ordinances, standards and specifications;
c) failure by the DEVELOPER to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this
DEVELOPMENT AGREEMENT;
d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or
materialmen;
e) failure by the DEVELOPER to pay for materials;
f) approval by the CITY of the FINAL PLAT;
g) approval by the CITY of the DEVELOPMENT PLANS;
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17
h) failure to obtain the necessary permits and authorizations to construct the
DEVELOPER IMPROVEMENTS;
i) construction of the DEVELOPER IMPROVEMENTS;
j) delays in construction of the DEVELOPER IMPROVEMENTS;
k) payment by DEVELOPER for any required costs or assessments;
l) all costs and liabilities arising because building permits were issued prior to the
completion and acceptance of the DEVELOPER IMPROVEMENTS.
13.2. NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice
of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY
shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER and/or OWNER. The
DEVELOPER and/or OWNER shall not be obligated to make any payment to the CITY for any such
claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the
CITY, during which time the DEVELOPER and/or OWNER shall have the right to cure or remedy
the event leading to such claim.
13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the
DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand,
with respect to claims or demands asserted against the CITY by a third party of the nature covered by
Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof and the DEVELOPER
and/or OWNER fails to cure or remedy the event leading to such claim within the required thirty (30)
day period, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel
of its own selection but approved by the CITY; the DEVELOPER and/or OWNER will pay all costs
and expenses including reasonable attorneys’ fees incurred in so defending against such claims,
provided that the CITY shall at all times also have the right to fully participate in the defense at the
CITY’S expense. If the DEVELOPER and/or OWNER fails to defend, the CITY shall have the right,
but not the obligation, to undertake the defense of, and to compromise or settle the claim or other
matter, for the account of and at the risk of the DEVELOPER and/or OWNER.
13.4. INDEMNIFICATION OF CITY BY OWNER. Provided the CITY is not in
DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing
the claim, loss or damage, OWNER shall indemnify, defend and hold the CITY, its COUNCIL,
agents, employees, attorneys and representatives harmless against and in respect of any and all claims,
demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages,
recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of
suffers, which arise out of, result from or relate to breach by the OWNER of the OWNER
WARRANTIES.
X-C-02 (a-d)
18
ARTICLE 14
CITY REMEDIES UPON DEVELOPER DEFAULT
14.1. CITY REMEDIES. If a DEVELOPER or OWNER DEFAULT occurs, that is not
caused by FORCE MAJEURE, the CITY shall give the DEVELOPER and OWNER FORMAL
NOTICE of the DEFAULT and the DEVELOPER and/or OWNER shall have thirty (30) days to cure
the DEFAULT. If the DEVELOPER and/or OWNER, after FORMAL NOTICE to it by the CITY,
does not cure the DEFAULT, then the CITY may avail itself of any remedy afforded by law and any
of the following remedies:
a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT;
b) the CITY may suspend any work, improvement or obligation to be performed by the
CITY;
c) the CITY may collect on the irrevocable letter of credit (“LOC”), or cash deposit
pursuant to Article 15 hereof;
d) the CITY may suspend or deny building and occupancy permits for buildings within
the FINAL PLAT;
e) the CITY may, at its sole option, perform the work or improvements to be performed
by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days
after written billing by the CITY reimburse the CITY for any costs and expenses
reasonably incurred by the CITY. In the alternative, the CITY may in whole or in
part, specially assess any of the costs and expenses reasonably incurred by the CITY;
and the DEVELOPER hereby waives any and all procedural and substantive
objections to the installation and construction of the work and improvements and the
special assessment resulting therefrom, including, but not limited to, notice and
hearing requirement and any claim that the special assessments exceed benefit to the
FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise
available pursuant to Minn. Stat. § 429.081.
14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any
agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER or
OWNER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular
breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent
breach hereunder. All waivers by the CITY must be in writing.
14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the
CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy
shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT
AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission
to exercise any right or power accruing upon any default shall impair any such right or power or shall
be construed to be a waiver thereof, but any such right and power may be exercised from time to time
X-C-02 (a-d)
19
and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy
reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE.
14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof
relating to FORMAL NOTICE to the DEVELOPER and OWNER in case of a DEFAULT and
notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER
and/or OWNER a right to cure the DEFAULT, in the event of an emergency as determined by the
CITY ENGINEER, resulting from the DEFAULT, the CITY may perform the work or improvement
to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the
DEVELOPER and without giving the DEVELOPER the right to cure the DEFAULT. In such case,
the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY
for any and all costs reasonably incurred by the CITY. In the alternative, the CITY may, in whole or
in part, specially assess the costs and expenses reasonably incurred by the CITY; and the
DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the
installation and construction of the work and improvements and the special assessments resulting
therefrom, including, but not limited to, notice and hearing requirements and any claim that the special
assessments exceed benefit to the FINAL PLAT. The DEVELOPER and OWNER hereby waive any
appeal rights otherwise available pursuant to Minn. Stat. § 429.081.
ARTICLE 15
FINANCIAL OBLIGATIONS
15.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Prior to release of the
FINAL PLAT for recording, the DEVELOPER shall submit certification of real estate taxes paid in
full for the DEVELOPMENT PROPERTY. DEVELOPER shall also deposit with the CITY an
irrevocable LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER
may deposit cash or other security acceptable to CITY.
All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the
irrevocable LOC shall be subject to approval by the CITY. The irrevocable LOC shall be for a one
year term provided it is automatically renewable for successive one year periods from the present or
any future expiration dates, and further provided that the irrevocable LOC states that at least sixty
(60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for
an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the
terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC
or cash deposit, without any further notice than that provided in Section 14.1 relating to a
DEVELOPER DEFAULT, for any of the following reasons:
a) a DEVELOPER DEFAULT; or
b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse,
without renewal as required above, prior to one (1) year after acceptance by the CITY.
In such event, the CITY shall use the LOC proceeds to reimburse the CITY for its costs and
to cause the DEVELOPER IMPROVEMENTS to be constructed to the extent practicable. If the
X-C-02 (a-d)
20
CITY ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed
and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining
proceeds shall be distributed to the DEVELOPER.
With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from
time to time as financial obligations are paid.
15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER
IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by this
DEVELOPMENT AGREEMENT be reduced proportionally at the following intervals:
a) Substantial completion of the mass site grading activities;
b) Final completion of the mass site grading activities;
c) Substantial completion of the sanitary sewer, water main, and storm sewer
installation;
d) Substantial completion of the streets and streetlights;
e) Final completion of the initial public improvements.
The LOC or cash deposits may be administratively reduced by the CITY ENGINEER by 50%
after full installation or completion of the aforementioned items, pending verification of as-builts and
completion of punch list items. Upon verification of as-builts that confirm the location and
construction of the aforementioned items and completion of punch list items, the DEVELOPER may
request the LOC or cash deposits be reduced by 75% of the original amounts. The balance shall be
retained by the CITY until the expiration of the 1-year warranty period.
If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly
adhered to, or that work was done without CITY inspection, the CITY may require, as a condition
of acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of
the estimated amount necessary to correct the deficiency or to protect against deficiencies arising
therefrom. In the event that work, which is concealed, was done without permitting CITY
inspection, then the CITY may, in the alternative, require the concealed condition to be exposed
for inspection purposes.
15.3. DEVELOPER’S CASH FEES AND ESCROW REQUIREMENTS. At the time
that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall pay cash fees and
deposit required escrows with the CITY for those items and in the amounts required in Exhibit C.
15.4. BUILDER’S CASH FEES AND CASH ESCROW REQUIREMENTS.
DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow shall be
required prior to the issuance of a building permit for each lot for items identified in the CITY’S Fee
Schedule and any requirements of the CITY’S Building Official.
X-C-02 (a-d)
21
ARTICLE 16
MISCELLANEOUS
16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be
considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS.
16.2. ADDITIONAL IMPROVEMENTS. Subject to the requirements contained in
Section 14.1 hereof, if the DEVELOPER fails to construct the DEVELOPER IMPROVEMENTS,
the CITY at its option, may install and construct the DEVELOPER IMPROVEMENTS. In such case,
the CITY, at its option, may specially assess the cost wholly or in part therefore under Minnesota
Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the CITY specially
assesses the cost of any portion thereof, then the DEVELOPER hereby waives any and all procedural
and substantive objections to the installation of the improvements and the special assessments,
including, but not limited to, notice and hearing requirements and any claim that the special
assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights
otherwise available pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that
the benefit from the improvements equal or exceed the amount of the special assessments.
16.3. COMPLETION DATES. Except for those improvements that may be deferred as
provided herein all DEVELOPER IMPROVEMENTS and PUBLIC IMPROVEMENTS shall be
installed no later than October 1, 2025, subject to extension(s) due to weather and seasonal conditions.
DEVELOPER may request an extension of this deadline in writing from the City Engineer for other
reasons, which extensions shall be granted in the CITY’S reasonable discretion. If granted, the
performance deadline extension shall be conditioned upon (a) updating the security posted by
DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the
DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance
completion date. Any such extension may also be conditioned upon certain technical accommodations
that may be required by the CITY to allow serviceability of the development infrastructure beyond a
single construction season should any public infrastructure facilities not be fully completed before
winter conditions ensue.
16.4. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the
CITY under this DEVELOPMENT AGREEMENT.
16.5. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT.
16.6. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded
with the COUNTY Recorder and the OWNER shall provide and execute any and all documents
necessary to implement the recording.
16.7. BINDING AGREEMENT. The parties mutually recognize and agree that all terms
and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the
FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER and
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22
OWNER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after
acquired interest of the DEVELOPER and OWNER in the land made the subject of the FINAL PLAT.
16.8. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this
DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which
approval will not be unreasonably withheld. In such case, the third-party buyer will be required to
accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT
AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the
DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the
DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the
DEVELOPER sells one or more lots, the entire PLAT, or any part of it.
16.9. AMENDMENT AND WAIVER. The parties hereto may by mutual written
agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may
extend the time for the performance of any of the obligations of another, waive any inaccuracies in
representations by another contained in this DEVELOPMENT AGREEMENT or in any document
delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this
DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained
in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving of
any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of
any party for any such amendment, extension or waiver must be in writing. No waiver of any of the
provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of
any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver.
16.10. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by
and construed in accordance with the laws of the State of Minnesota, County of Dakota.
16.11. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in
any number of counterparts, each of which shall be deemed an original but all of which shall constitute
one and the same instrument.
16.12. HEADINGS. The subject headings of the paragraphs and subparagraphs of this
DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect
the construction of interpretation of any of its provisions.
16.13. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the
words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the
DEVELOPER are inconsistent, then that provision or term which imposes a greater and more
demanding obligation on the DEVELOPER shall prevail.
16.14. CERTIFICATE OF COMPLETION. Upon request by DEVELOPER, the CITY
covenants to provide a recordable Certificate of Completion within a reasonable period of time
following the request, upon the completion of the DEVELOPER IMPROVEMENTS and SITE
IMPROVEMENTS required herein, payment of all costs and fees required and compliance with all
terms of this DEVELOPMENT AGREEMENT.
X-C-02 (a-d)
23
16.15. ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its agents,
employees, officers, and contractors a license and right of entry to enter the DEVELOPMENT
PROPERTY to perform all work and inspections deemed appropriate by the CITY during the
installation of DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS.
[REMAINDER OF PAGE INTENTIONALLY BLANK]
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24
IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT
AGREEMENT.
CITY:
CITY OF HASTINGS
By:
Mary Fasbender
Its Mayor
By:
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this day of , 2023, before me a Notary Public within and
for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Hastings, the municipality named in the foregoing instrument, and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
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25
OWNER:
Gregory A. Jablonske
Susan M. Jablonske
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Gregory A. Jablonske and Susan M. Jablonske,
husband and wife.
Notary Public
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26
DEVELOPER:
GREG J. HOMES OF HASTINGS, INC.
By: Greg Jablonske
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Greg Jablonske, the of Greg J.
Homes of Hastings, Inc., a Minnesota corporation, on behalf of said corporation.
Notary Public
THIS INSTRUMENT DRAFTED BY:
Korine Land, #262432
LeVander, Gillen, & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
X-C-02 (a-d)
A-1
EXHIBIT A
DEVELOPMENT PROPERTY
Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described
as:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Outlots A-D, South Oaks of Hastings 4th Addition
Abstract
X-C-02 (a-d)
B-1
EXHIBIT B
FINAL PLAT
X-C-02 (a-d)
C-1
EXHIBIT C
DEVELOPER’S LETTER OF CREDIT AND CASH ESCROWS AND CASH
REQUIREMENTS FOR SITE IMPROVEMENTS
LETTERS OF CREDIT
Est. Construction Cost
Sanitary Sewer
$140,806.60
Watermain
$213,653.25
Storm Sewer
$120,098.39
Streets/Trails/Sidewalks
$196,044.50
Grading $ 56,610.50
Subtotal: $727,213.24
X 125%
TOTAL SITE IMPROVEMENT LOC: $909,016.55
CASH ESCROWS
*Final amount to be determined by the CITY Engineer
Total
Landscaping Cost $7,200
X 125%
Total Landscaping Escrow: $9,000
CASH REQUIREMENTS
Unit Cost Qty Total
Park Dedication Fees $2,200/unit 35 units $77,000.00
Sewer Interceptor Fees $485/unit 35 units $16,975.00
Total Cash Fees $93,975.00
Seal Coat or Preventative Maintenance Product Escrow $6,000
Street & Traffic Control Signage Escrow $2,000
Estimated Construction Inspection & Administration
Escrow for Grading and Public Infrastructure* $50,000
X-C-02 (a-d)
D-1
EXHIBIT D
MISCELLANEOUS REQUIREMENTS AND CONDITIONS
IMPOSED BY THE CITY
1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT
TO BE RECORDED.
a) Letter of Credit. DEVELOPER must provide the LOC for the amounts required in this
DEVELOPMENT AGREEMENT.
b) All Cash and Escrow Deposits. DEVELOPER must pay all cash and escrow deposits
required in this DEVELOPMENT AGREEMENT.
c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering
review and legal fees that have been incurred up to the date of approval of this
DEVELOPMENT AGREEMENT.
d) Park Dedication Fee. DEVELOPER must pay park dedication fees as required in
Exhibit C.
e) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in
Exhibit C.
f) Outlot D. DEVELOPER has executed a warranty deed to the CITY for Outlot D for
Stormwater Maintenance Facility.
g) Outlots A, B and C. DEVELOPER has executed quit claim deeds of Outlots A, B and
C to the immediately adjacent property owners of South Oaks of Hasting 2nd Addition.
h) Vacation of all existing permanent easements.
2) BUILDING PERMITS. Except for any model home permits allowed pursuant to Section
4.14, no building permits may be obtained until:
a) All the conditions in Paragraph 1 of this Exhibit D have been met;
b) All storm water ponds and associated drainage features including storm sewer and
drainage swales have been installed;
c) The concrete curb and gutter and base course of bituminous for the streets serving the
lot must be constructed by the DEVELOPER and approved by the CITY and
determined by the CITY to be available for use;
d) The utilities have been installed;
X-C-02 (a-d)
D-2
e) Record Drawings have been received and approved by the CITY;
f) The following documents have been recorded:
• Final Plat
• Development Agreement
• Deed for Outlot D to the CITY
• Deeds for Outlots A, B and C to the adjacent property owners of South Oaks
of Hastings 2nd Addition
3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all
the following conditions must be satisfied:
a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied.
b) All storm water ponds and associated drainage features including storm sewer and
drainage swales have been completed and accepted by the City Engineer.
4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control
throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT
are built upon and until turf is established in each of the individual lots in the FINAL PLAT.
5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING
PROPERTY. The escrow amount stated on Exhibit C shall include an appropriate amount
as determined by the Director of Public Works to ensure that the DEVELOPER removes any
construction debris from streets adjoining the FINAL PLAT and from private properties that
adjoint the FINAL PLAT. During the construction of the residences and other improvements
within the FINAL PLAT, the DEVELOPER is responsible for removing any construction
debris (including roofing materials, paper wrappings, construction material and other waste
products resulting from construction) that may be blown from the construction site into
adjoining private properties or into CITY streets or that may fall from delivery trucks onto
adjoining private properties or CITY streets. Further, during construction, the DEVELOPER
must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY
streets from the delivery trucks that are being used in the excavation and grading of the site.
6) MAILBOXES. The DEVELOPER is responsible for the placement of a mailbox for all the
lots within the DEVELOPMENT PROJECT and must comply with the United States Postal
Service’s mailbox design and placement requirements. The mailboxes must all be of similar
design and color within the DEVELOPMENT PROJECT.
X-C-02 (a-d)
E-1
EXHIBIT E
PERMITS, LICENSES AND OTHER APPROVALS
1. Any licenses or permits required by the Minnesota Department of Health.
2. NPDES Construction Stormwater Permit from the MPCA.
3. Any contractor licenses from the CITY or the State of Minnesota.
4. Building Permits from the CITY.
5. Electrical Permits from the CITY.
6. Utility permits that may be required from the CITY, State of Minnesota or any utility
company.
7. Access permits and construction permits as required by Dakota County.
8. Sanitary Sewer Extension Permit by MPCA.
X-C-02 (a-d)
1
(Reserved for Recording
Data)
STORMWATER MANAGEMENT FACILITIES AGREEMENT
This Stormwater Management Facilities Agreement (“Agreement”) is made, entered into
and effective this______ day of , 2023, by and between the City of Hastings, a
Minnesota municipal corporation (“City”), Gregory A. Jablonske and Susan M. Jablonske
(“Owner”), and Greg J. Homes of Hastings, Inc., a Minnesota Corporation (“Developer”).
WHEREAS, Owner is the fee owner of certain real property situated in the City of
Hastings, County of Dakota, State of Minnesota legally described in the Plat of South Oaks of
Hastings 4th Addition as follows:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Outlots A-D, South Oaks of Hastings 4TH Addition
(the “Property”); and
WHEREAS, Developer has obtained the approval from the Owner and from the City for
the development of Stormwater Management Facilities within the Property; and
WHEREAS, as used herein, the term “Stormwater Management Facilities” may refer to
water quality and/or water quantity facilities (i.e. detention basins, retention basins, swales, pipes,
oil/water separators, sand filtering devices, infiltration facilities, sump structures, drains, catch
basins, etc.) which are located on the Property but outside the public road right-of-way; and
WHEREAS, the City has required that the Developer make provision for the construction,
maintenance and repair of the Stormwater Management Facilities located within the boundaries of
the Property as shown on the Stormwater Facilities Location Map on Exhibit A attached hereto
and incorporated herein; and
WHEREAS, the City, Owner and Developer desire to set forth their understanding with
X-C-02 (a-d)
2
respect to the construction, repair and maintenance of the Stormwater Management Facilities
and the responsibility relating to the costs of the repair and maintenance of the Stormwater
Management Facilities.
NOW THEREFORE, in consideration of the foregoing facts and circumstances, and for
other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto hereby agree as follows:
1. Construction of Stormwater Management Facilities and Warranty Period
Maintenance. The Developer agrees to construct the Stormwater Management Facilities according
to the construction plans drawn by J. R. Hill, Inc. dated July 25, 2023 (“Plans”), and repair and
maintain the Stormwater Management Facilities at its sole cost and expense during the warranty
period set forth in Section 10.1(h) of the Development Agreement for the South Oaks of Hastings
4th Addition by and Between the City of Hastings, Gregory A. Jablonske and Susan M. Jablonske
and Greg J. Homes of Hastings, Inc. Maintenance of the Stormwater Management Facilities shall
include but is not limited to compliance with the Stormwater BMPs Operations and Maintenance
Plan (“Operations Plan”) on Exhibit B, attached hereto and incorporated herein. During the
Warranty Period, Developer shall submit an annual inspection report that complies with the
Inspection Plan by September 30th of each year. If the required annual inspection report is not
submitted to the City by September 30th, the City shall have the right to conduct the annual
inspection and assess the costs pursuant to this Agreement. If it is determined that the Stormwater
Management Facilities (1) have not been maintained; or (2) are not functioning as originally
designed and intended; or (3) are in need of repair, the Developer agrees to restore the Stormwater
Management Facilities so that it functions as it was designed and intended. Failure to comply with
the restoration ordered by the City shall be an event of default.
2. Conveyance of Stormwater Management Facilities. Following the expiration of the
warranty period, and upon approval by the City Engineer, the City shall accept the Stormwater
Management Facilities and thereafter, City shall be responsible for maintenance, repair and
improvement of the Stormwater Management Facilities.
3. Maintenance of Drains. There are stormwater drains located in drainage and utility
easements in Block 1 and Block 2. It is the responsibility of the Developer and subsequent property
owners adjacent to such stormwater drains to maintain the drains and keep them clear of
obstructions and debris to ensure that the Stormwater Maintenance Facilities are operating
properly. Failure to do so shall result in an event of default pursuant to Section 4, subject to
assessments as provided in Section 6. The properties that are responsible for such stormwater
drains are legally described as follows:
Lots 6, 7, and 10, Block 1, South Oaks of Hastings 4th Addition and
Lots 5-8, Block 2, South Oaks of Hastings, 4th Addition
4. Developer’s and/or Owner’s Default. In the event of default by the Developer during
the warranty period and/or Owner at any time, then following at least thirty (30) days prior written
notice and Developer’s and/or Owner’s failure to cure such default within such time-frame, except
in an emergency as determined by the City, the City may, at its option, perform the work and the
Developer and/or Owner shall promptly, following receipt of an invoice and reasonable
substantiation of such costs, reimburse the City for any reasonable out-of-pocket expense incurred
by the City.
X-C-02 (a-d)
3
5. License. This Agreement is a license for the Developer to act when so authorized
under this Agreement during the warranty period, and it shall not be necessary for the Developer to
seek permission from the City or Owner to enter the Property to fulfill its obligations pursuant to
this Agreement. The Developer has conveyed Outlot D, South Oaks of Hastings 4th Addition to
the City for purposes of using it as a public Stormwater Maintenance Facility, which is described
and depicted in more detail on Exhibit B.
6. Assessment. When the City does any work to maintain, repair or improve the
Stormwater Maintenance Facility (such activities shall be referred to as the “Improvements”), the
City may, in addition to its other remedies, assess the reasonable out-of-pocket cost (“Assessment
Amount”) against the benefited properties identified on Exhibit C (“Benefited Property”), attached
hereto and incorporated herein, that are specially benefited by the Improvements.
a. Assessment Appeal Waiver: Owner and its successors hereby authorize the City to
certify a special assessment against a portion or all of the Benefited Property up to the
Assessment Amount for Improvements. The Owner hereby waives all rights to
assessment notices, hearings and appeals, and all other rights pursuant to Minn. Stat. §
429.061, § 429.071 and § 429.081 for the special assessment against the Benefited
Property up to the Assessment Amount. The Owner hereby waives any and all
procedural and substantive objections to the assessment up to the Assessment Amount
against the Benefited Property, including, but not limited to, notice and hearing
requirements and any claim that any or all of the Assessment Amount against the
Benefited Property exceeds the benefit to the Benefited Property for the Improvements.
The Owner acknowledges and agrees that the benefit of the Improvements to the
Benefited Property does in fact equal or exceed the Assessment Amount. The City and
Owner acknowledge and agree that the Owner’s waiver of assessment appeal rights
pursuant to Minnesota Statutes, Chapter 429, is capped at the Assessment Amount by
operation of Minn. Stat. § 462.3531. The City and Owner acknowledge and agree that
the Owner may appeal any special assessment above the Assessment Amount.
b. Developer’s and 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 assessment, or for other relief from the payment of the City’s assessment up to the
Assessment Amount against the Benefited Property for the Improvements completed by
the City.
c. Owner’s Covenant that Owner is the fee owner: Owner hereby covenants and warrants
with the City that Owner is seized in fee of the Property including the Benefited Property
and has good right to enter into this Agreement with the City.
d. Owner’s Agreement to Assessment Amount: Owner understands and agrees that the
value of the Improvements will increase the market value of the Benefited Property in
an amount that equals or exceeds the Assessment Amount.
e. When Payment is Due: Owner agrees to pay the Assessment Amount, plus accrued
interest during the Assessment Term.
f. Assessment Amount: The City agrees that it will certify/levy the Assessment Amount
X-C-02 (a-d)
4
only against the benefited Property and only up to the Assessment Amount for the
Improvements pursuant to this Agreement.
g. Prepayment of Assessment: The City agrees the Owner may prepay some or all of the
City’s Assessment Amount against the Benefited Property for the Improvements with
no penalty pursuant to Minn. Stat. § 429.061.
7. Terms and Conditions. This Agreement shall run with the land and shall be binding
upon Developer’s and Owner’s successors and assigns with respect to the Property. The terms and
conditions of this Agreement shall be binding upon and shall insure to the benefit of the parties
hereto and their respective successors in interest and assigns.
8. Developer Warranty. Developer warrants and represents the following to the City
and acknowledges that this Agreement has been duly executed and delivered and constitutes the
legal, valid and binding obligation of Developer enforceable in accordance with its terms. The
party signing on behalf of the Developer has been duly authorized by the entity to sign the
Agreement and bind the entity. Developer has been duly formed under the laws of the State of
Minnesota and is in good standing under the laws of the jurisdiction in which the Property is
located, is duly qualified to transact business in the jurisdiction in which the Property is located
and has the requisite power and authority to enter into and perform this Agreement and the
documents and instruments required to be executed and delivered by Developer pursuant hereto.
This Agreement and the documents and instruments required to be executed and delivered by
Developer pursuant hereto have each been duly authorized by all necessary action on the part of
Developer and such execution, delivery and performance does and will not conflict with or result
in a violation of Developer’s organizational agreement or any judgment or order. The execution,
delivery and performance by Developer of this Agreement will not (a) violate any provision of any
law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or
award of any court, governmental agency or arbitrator presently in effect having applicability to
Developer, or (b) result in a breach of or constitute a default under any indenture, loan or credit
agreement or any other agreement, lease or instrument to which Developer is a party or by which it
or any of its properties may be bound.
9. Owner Warranty. Owner warrants and represents the following to the City and
acknowledges that this Agreement has been duly executed and delivered and constitutes the legal,
valid and binding obligation of Owner enforceable in accordance with its terms. The Owner has
the requisite power and authority to enter into and perform this Agreement and the documents and
instruments required to be executed and delivered by Owner pursuant hereto. The execution,
delivery and performance by Owner of this Agreement will not (a) violate any provision of any
law, statute, rule or regulation or any order, writ, judgment, injunction, decree, determination or
award of any court, governmental agency or arbitrator presently in effect having applicability to
Owner, or (b) result in a breach of or constitute a default under any indenture, loan or credit
agreement or any other agreement, lease or instrument to which Owner is a party or by which it or
any of its properties may be bound.
10. Amendment and Waiver. The parties hereto may by mutual written agreement
amend this Agreement in any respect. Any party hereto may extend the time for the performance
of any of the obligations of another, waive any inaccuracies in representations by another contained
in this Agreement or in any document delivered pursuant hereto which inaccuracies would
X-C-02 (a-d)
5
otherwise constitute a breach of this Agreement, waive compliance by another with any of the
covenants contained in this Agreement, waive performance of any obligations by the other or
waive the fulfillment of any condition that is precedent to the performance by the party so waiving
of any of its obligations under this Agreement. Any agreement on the part of any party for any
such amendment, extension or waiver must be in writing. No waiver of any of the provisions of
this Agreement shall be deemed, or shall constitute, a waiver of any other provisions, whether or
not similar, nor shall any waiver constitute a continuing waiver.
11. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota, Dakota County District Court.
12. Counterparts. This Agreement may be executed in any number of counterparts,
each of which shall be deemed an original but all of which shall constitute one and the same
instrument.
13. Consent. Owner consents to the recording of this Agreement against the Property.
14. Limitation of Liability. Notwithstanding any other provision of this Agreement, in
no event shall either party or any of their affiliates, by reason of any of their respective acts or
omissions be liable whether in contract, tort, misrepresentation, warranty, negligence, strict
liability or otherwise for any special, indirect, incidental or consequential damages arising out of
or in connection with this Agreement, or the performance, non-performance or breach thereof.
15. Notice. Notice shall mean notices given by one party to the other if in writing and
if and when delivered or tendered: (i) in person or by email, if receipt is acknowledged; (ii) by
depositing it in the United States mail in a sealed envelope, by certified mail, return receipt
requested, with postage and postal charges prepaid, or (iii) by proper and timely delivery to an
overnight courier service addressed by name and address to the party or person intended addressed
as follows:
If to City: City of Hastings
Attention: City Administrator
101 4th Street East
Hastings, MN 55033
If to Owner: Greg and Susan Jablonske
If to Developer: Greg J. Homes of Hastings, Inc.
Attention: Gregory A. Jablonske
3475 Vermillion Street, Suite 101
Hastings, MN 55033
or to such other address as the party addressed shall have previously designated by notice given in
accordance with this Section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given (which may include email,
if receipt is acknowledged), on the third day after mailing if mailed by United States postal service
X-C-02 (a-d)
6
as provided above, or within twenty-four (24) hours if sent via overnight courier service provided,
that a notice not given as above shall, if it is in writing, be deemed given if and when actually
received by a party.
[The remainder of this page was intentionally left blank.]
X-C-02 (a-d)
7
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the day and year first above written.
CITY:
CITY OF HASTINGS
By: _____________________________
Mary Fasbender
Its Mayor
By: ____________________________
Kelly Murtaugh
Its City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
On this day of , 2023, before me a Notary Public within and
for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known,
who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk
of the City of Hastings, the municipality named in the foregoing instrument and that the said
instrument was signed on behalf of said municipality by authority of its City Council and said Mayor
and City Clerk acknowledged said instrument to be the free act and deed of said municipality.
Notary Public
X-C-02 (a-d)
8
OWNER:
Gregory A. Jablonske
Susan M. Jablonske
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Gregory A. Jablonske and Susan M. Jablonske, husband
and wife.
Notary Public
X-C-02 (a-d)
9
DEVELOPER:
GREG J. HOMES OF HASTINGS, INC.
By:
Greg Jablonske
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on ____________ day of
____________________________, 2023, by Greg Jablonske, the of Greg J. Homes
of Hastings, Inc., a Minnesota corporation, on behalf of said corporation.
Notary
THIS INSTRUMENT DRAFTED BY:
Korine L. Land (#262432)
LeVander, Gillen & Miller, P.A.
1305 Corporate Center Drive, Suite 300
Eagan, MN 55121
X-C-02 (a-d)
A-1
EXHIBIT A
STORMWATER FACILITIES LOCATION MAP
X-C-02 (a-d)
A-2
X-C-02 (a-d)
B-1
12
EXHIBIT B
STORMWATER BMPs OPERATIONS AND MAINTENANCE PLAN
X-C-02 (a-d)
C-1
EXHIBIT C
BENEFITED PROPERTIES
Real property in the City of Hastings, County of Dakota, State of Minnesota, legally
described as follows:
Lots 1-10, Block 1, South Oaks of Hastings 4th Addition
Lots 1-12, Block 2, South Oaks of Hastings 4th Addition
Lots 1-13, Block 3, South Oaks of Hastings 4th Addition
Abstract Property
X-C-02 (a-d)
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Mmembers
From: John Townsend, Fire Chief
Date: October 16, 2023
Item: Pre-Authorize Purchase of Ladder truck, and authorize signature of contract with Macqueen
Emergency
Council Action Requested:
Pre-Approve purchase of Ladder Truck and authorize signature of contract with Macqueen Emergency
Background Information:
The proposed 2024 Budget currently includes $900K of funding towards the purchase of a Ladder Truck to
replace the current 2014 Ladder truck. The current ladder truck has been difficult to maintain, and operate
due to lengthy out of service times and costly repairs. To date in 2023, maintenance costs have exceeded
$23K. The replacement will be an efficient set-up with decreased maintenance and operational expenses. The
current ladder will be sold to help offset costs.
Fire apparatus cost are increasing to overall industry increased costs and new emission standards in 2024.
These trucks have extended build times and availability. The current time to delivery for this ladder truck is 31-
34 months, taking this to August of 2026.
Cost:
$1,722,952 (costs will increase after October 31, 2023 $1,740,181) savings of $17,229 if ordered before
October 31, 2023, this will likely increase again in January.
Cost for pre-payment option:
$1,580,775 (Savings of $142,177, payment within 30 days of purchase agreement.)
Financial Impact:
• $1,580,775 – total cost if we prepay
• ($900,000) – planned portion of State Public Safety allocation (funds will be received in late December)
• ($345,232) – unallocated cash that is in the Budget Stabilization Fund
• ($229,797) – cash in the Budget Stabilization Fund that had been planned to fund the Police radios,
which were then purchased without transferring this money
• ($107,761) – remaining balance; staff suggests we take this from Fund 500 reserves
o We currently have an internal loan in place to repay Fund 500 for the last Engine we bought.
o There are 7 years remaining in that loan.
X-E-01
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
o Staff suggests we add about $17k to the $81,100 payment for the next 7 years and we be able
to purchase this Ladder and also refund Fund 500 to maintain reserves.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Proposal from MacQueen Emergency
X-E-01
EM-102
Taxes –
Freight –
Terms –
Delivery –
Not Applicable
F.O.B. – Appleton, WI / Shipping to Hastings, MN
Net due prior to vehicle(s) release at the Pierce Manufacturing
Plant(Appleton, WI). Net due at Contract signing for Prepay discount
to be applicable.
31 - 34 months from receipt and acceptance of contract.
October 9, 2023
Fire Chief John Townsend
City of Hastings
115 West 5th Street
Hastings, MN 55033
Subject: Proposal for one (1) Pierce Enforcer PUC 107’ Ascendant Ladder
Proposal / Bid 1151
Dear Fire Chief Townsend,
With regard to the above subject, please find attached our completed proposal.
Pricing, is as follows, including 100% prepay option.
Pricing Summary:
Sale Price – $1,722,952.00*
*Houston-Galveston Area Council (HGAC) Consortium Pricing.
100% Performance Bond:
Included in the above sale price.
100% Prepayment Option:
Should the City of Hastings elect to make a 100% prepayment at contract signing, a
discount of ($142,177.00) can be subtracted from the above “Sale Price” resulting in
a revised contract price of $1,580,775.00
Terms and Conditions:
X-E-01
Said apparatus and equipment are to be built and shipped in accordance with the specifications
hereto attached, delays due to strikes, war, or international conflicts, or other causes beyond
our control not preventing, could alter the delivery schedule.
The specifications herein contained, shall form a part of the final contract, and are subject to
changes as desired by the purchaser, provided such changes are acknowledged and agreed to
in writing by the purchaser.
Various state or federal regulation agencies (e.g., NFPA, DOT, EPA) may require changes to
the Specifications and/or the Product and in any such event any resulting cost increases
incurred to comply therewith will be added to the Purchase Price to be paid by the
Customer. Any future drive train upgrades (engine, transmission, axles, etc.) or any other
specification changes have not been calculated into our annual increases and will be provided
at additional cost. The Company reserves the right to update pricing in response to
manufacturer-imposed increases as a result of PPI inflation. The Company will document and
itemize any such price increase for the Customer’s review and approval before
proceeding. Should the customer choose not to accept the pricing update, the customer has
the ability to cancel without penalty.
This proposal for fire apparatus conforms with all Federal Department of Transportation (DOT)
rules and regulations in effect at the time of bid, and with all National Fire Protection Association
(NFPA) Guidelines for Automotive Fire Apparatus as published at the time of bid, except as
modified by customer specifications.
The attached proposal is valid until October 31, 2023. After October 31, 2023, Sale Price
will increase to approximately $1,740,181.00.
We trust the above and the enclosed to be full and complete at this time; however, should you
have any questions or require additional information, please do not hesitate to contact me at
507-272-2360 or tom.soland@macqueengroup.com .
We wish to thank the City of Hastings for the opportunity to submit our proposal.
Respectfully,
Tom Soland
Tom Soland
Apparatus Sales
MacQueen Equipment LLC
DBA MacQueen Emergency Group
X-E-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: October 16, 2023
Item: National Class Action Settlements - PFAS
Council Actions Requested:
Informational only; no action recommended tonight.
Background Information:
Recently, multi-district litigation against 3M and DuPont has resulted in two proposed class action
settlements being overseen by the US District Court in South Carolina. These national settlements are
approximately $10.5B to $12.5B by 3M and $1.2B by DuPont. The amounts will be reduced by legal
costs, fees, and administrative costs. Settlement payments would be paid over 9 years.
The City of Hastings, as a public water system that has PFAS, is eligible to participate in the
settlement. Under the settlement “calculator,” Hastings would receive about $1.5M – far less than the
estimated $69M to construct three treatment plants plus operation and maintenance of $800K to $1M
per year, increasing over time.
Participation in the class action settlement would preclude the City making additional claims against
3M and DuPont.
Next month, I will recommend the City affirmatively opt out of the settlement. The opt out deadline
for the DuPont settlement is December 4, 2023. The opt out deadline for the 3M settlement is
December 11, 2023. If the City does not affirmatively opt out, the City will automatically be included
in the settlement.
Financial Impact:
N/A
Attachments:
N/A
X-E-02
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh, Assistant City Administrator
Date: October 16, 2023
Item: Write-In Votes for Local Elections
Council Action Requested:
Approve the resolution requiring the tally of write-in votes only if write-in votes are greater than a ballot
candidate’s total votes.
Background Information:
In May, 2023 the House and Senate passed an elections bill that included many policy provisions. One
provision allows cities to adopt a resolution regarding how write-ins are handled for local elections. The
current write-in vote counting process is time consuming and unnecessary in that there is no change in
election results unless a single write-in candidate receives the most votes for an office.
Legislature modified the statute to allow for a more efficient tracking of write-in votes. Local options
include adopting one of the following:
• require the candidate to file a written request with the chief election official no later than the
seventh day before the city election if the candidate wants to have the candidate's write-in votes
individually recorded; or
• require that write-in votes for an individual candidate only be individually recorded if the total
number of write-in votes for that office is equal to or greater than the fewest number of non-
write-in votes for a ballot candidate.
Staff is recommending that the City Council adopt the attached resolution requiring that write-in votes for
an individual candidate will only be individually recorded if the total number of write-in votes for that
office is equal to or greater than the fewest number of non-write-in votes for a ballot candidate.
Financial Impact:
N/A
Committee Discussion:
N/A
Attachment:
• Resolution
X-E-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ___________
A RESOLUTION REQUIRING THE TALLY OF WRITE-IN VOTES ONLY IF WRITE-IN
VOTES ARE GREATER THAN A BALLOT CANDIDATE’S TOTAL VOTES
WHEREAS, Minnesota Statute 204B.09, subdivision 3 allows for the governing body of a
statutory or home rule charter city to adopt a resolution governing the counting of write-in votes for local
elective office; and
WHEREAS, the current write-in vote counting process is overly time consuming and unnecessary.
It does not result in a change in election results unless a single write-in candidate receives the most votes
for an office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HASTINGS, MINNESOTA AS FOLLOWS:
That the City of Hastings hereby requires that write-in votes for an individual candidate will only be
individually recorded if the total number of write-in votes for that office is equal to or greater than the
fewest number of non-write-in votes for a ballot candidate.
Adopted this _____ day of ______________, 2023, by the City Council of the City of Hastings.
CITY OF HASTINGS
____________________________
Mary D. Fasbender, Mayor
ATTEST:
_____________________________
Kelly Murtaugh, City Clerk
X-E-03