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Home My WebLink About20231106 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 6, 2023 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM V. APPROVAL OF MINUTES Approve Minutes of the City Council regular meeting on October 16, 2023. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. IX. AWARDING OF CONTRACTS AND PUBLIC HEARING 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 from the Community Halloween Party to the Parks and Recreation Department 3.Resolution: Accept Donation from the Schweich Family to the Parks and Recreation Department 4.Resolution: Accept Donation from Robert & Shirley Frembgen to the Hastings Police Department 5.Resolution: Accept Donation from Robert & Shirley Frembgen to the Hastings Fire Department 6.Approve Special Event Designation: Holiday Train 7.Resolution: Approve Tobacco License Application for Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center 8.Authorize Signature: 2024 Dakota County South Metro SWAT Joint Powers Agreement 9.Approve Snow Plowing and Ice Control Policy 10.Approve Assessment Abatement for 2023 Neighborhood Infrastructure Improvements 11.Resolution: Supporting and Authorizing Application to MnDOT for the Local Road Improvement Program (LRIP) for the TH 61 Project 12.Resolution: Supporting and Authorizing Application to MnDOT for the Local Road Improvement Program (LRIP) for the Mill & Overlay Program 13. Declare Surplus Property and Authorize for Public Sale – Hastings Fire Department 14. Approve 2023 Budget Amendment: Double Check Valve 15. Resolution: Declaring Insurance Liability Coverage 16. Approve Personnel Policy Updates and Additions 17.Approve Amendment to JPA Between Dakota County Drug Task Force and City of Hastings for Administrative Staff Services Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Award Contract: Hastings Industrial Park Agriculture Lease 2. Authorize Signature: Amend Contract – Miller Dunwiddie 3. Authorize Signature: Renaissance Roofing – City Hall Dome Replacement ($3,294,805) 4. Authorize Signature: Professional Service Agreement with WSB, LLC X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Variance – Front Yard Setback – Ground Mounted Solar – Dakota County (1590 Highway 55) 2. Gregg Lowe Automobile Repair Facility (3000 Lightbourn Court) a. Resolution: Special Use Permit b. Resolution: Site Plan 3. Resolution: Special Use Permit – BMMK, LLC (1945 31st Street E) D. Public Safety E. Administration 1. National Class Action Settlements – PFAS XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, November 20, 2023 7:00 p.m. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes October 16, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, October 16, 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 Haus, Lawrence, Leifeld, and Pemble Members Absent: Councilmembers Folch, Fox Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Attorney Greta Bjerkness Community Development Director John Hinzman Kristy Barse, Chamber of Commerce & Tourism Bureau Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council workshop and regular meeting on October 2, 2023. Minutes were approved as presented. Comments from the Audience Gabrielle Wegner, 734 South Oaks Drive, expressed concerns about building expansion in South Oaks area. Concerns include the number of planned homes, increase in the number of drivers and safety, no sidewalks, snow removal, garbage pick-up and bus traffic. Additional concerns about quality of the building of homes. Asked Council to reconsider the number of properties in the development. Rene Wegner, 734 South Oaks Drive, cited narrow roads, too many homes presently and planned, no trails or parks or sidewalks, quality of home builds, stormwater issues, narrow lot sizes and on-street parking as concerns. Consent Agenda Councilmember Leifeld motioned to approve the Consent Agenda as presented, seconded by Councilmember Pemble. 5 Ayes, 0 Nays 1. Pay Bills as Audited 2. Resolution No. 10-04-23: Accept Donation to the Hastings Police Department from Robert & Judith Bishop 3. Resolution No. 10-05-23: 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 Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes 7. Authorize Signature: Lease Agreement – 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 No. 10-06-23: 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 No. 10-07-23: 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 No. 10-08-23: Accept the City of Hastings Emergency Operations Plan. 17. Approve JPA with Dakota County for Administration of Absentee Ballots Approve Budget Adjustment for the Lake Isabel Park Contamination Excavation and Backfill Wietecha provided an overview of the request to approve the budget amendment for the removal of contaminated soils and backfill at Lake Isabel Park. Wietecha explained during excavation for the redevelopment of Lake Isabel Park, asbestos containing materials and lead were discovered. Exploratory excavations were conducted to understand the extent of contamination, it was estimated 3,800 cubic yards of soils are contaminated. Staff is proposing to use the 401 Fund (Park Projects) to cover the additional funds needed for site remediation. Council discussion on labor, components and options that are part of the mitigation. Council specifically asked if the sand dredged from the Mississippi River as part of a marina expansion would be of use for this project. Wietecha recalled discussion regarding the use of the sand and will check and confirm. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence. 5 Ayes, 0 Nays. Resolution: Variance – Front Yard Setback – Ground Mounted Solar – Dakota County (1590 Highway 55) Item pulled as there were insufficient member of Council present to vote on the matter. South Oaks of Hastings 4th Addition a. Resolution No. 10-09-23: Vacation of Easement – South Oaks 2nd Addition b. Resolution No. 10-10-23: Preliminary and Final Plat c. Authorize Signature: Development Agreement d. Authorize Signature: Stormwater Management Agreement Hinzman provided an overview of the 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. Hinzman shared the history of the development indicating the last approvals granted in 2021 have expired and are no longer valid. Hinzman provided a summary of the discussions and recommendations of the Planning Commission. Hinzman shared a Comprehensive Plan Amendment to change the land use designation of the property from Medium Density Residential to Low Density Residential will be necessary. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes He shared a public hearing will be held before the Planning Commission on November 13th and reviewed by City Council on November 20th. Council discussion on clarifying access to the development and sidewalks/trails in the area and on- street parking. Hinzman indicated that Planning Commission recommended approval due to the City requirement of 2 parking spaces per unit, which is met by this plan. Council discussion on the smaller lot sizes. Hinzman indicated that this is a zoned R-3 Planned Residential Development (PRD), and lot sizes can vary but the average must meet the minimum. Council asked questions regarding the proposed setback, price points on the houses, and if the homes will have basements. Hinzman provided clarification of the setbacks. Developer Greg Jablonski noted the base price $334,900 and the slab on grade with a basement option. Council discussion on price points for young families, which is a key growth population for the City. Council asked if there are concerns for snow removal. Hinzman shared the road will be maintained by the City and that the road width would be smaller and that there are no concerns regarding snow removal. Councilmember Lawrence motioned to approve as presented, seconded by Councilmember Pemble. 5 Ayes, 0 Nays. Pre-Authorize Purchase of Ladder Truck with MacQueen Equipment Wietecha provided an overview of the request to pre-approve the purchase of a ladder truck and authorize signature of contract with MacQueen Emergency. The proposed 2024 Budget currently includes $900,000 of funding towards the purchase of a ladder truck to replace the current 2014 ladder truck. Wietecha indicated the replacement will be an efficient set-up with decreased maintenance and operational expenses and the current ladder carries value and would be sold to help offset costs. Delivery is about 30 months out but purchase now saves significant funds. Wietecha indicated that funds can be drawn from two areas of reserves (budget stabilization, debt redemption) to fund the pre-purchase. Council discussion on the reliability of the current ladder truck and sustainability of a newer ladder truck and its ability to serve the community. Wietecha indicated it is a complex piece of equipment that requires a lot of maintenance that is no longer feasible. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Haus. 5 Ayes, 0 Nays. National Class Action Settlements – PFAS Wietecha introduced the National Class Action Settlements regarding PFAS. Wietecha indicated a 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. The City of Hastings is eligible to participate in the settlement with an estimated $1.5M payout. Wietecha indicated by participating in the class action settlement would preclude the City making additional claims against 3M and DuPont. As an information item, no action is needed at this meeting. No Council discussion or action. Resolution: No. 10-11-23: Write-In Votes for Local Elections Murtaugh provided an overview of the request to approve the resolution requiring the tally of write-in votes only if write-in votes are greater than a ballot candidate’s total votes. Murtaugh indicated the House and Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Senate passed an elections bill that included many policy provisions, one provision allows cities to adopt a resolution regarding how write-in votes are handled for local elections. Murtaugh reviewed the two write-in resolutions sharing staff recommendation that City Council adopt the 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. Council discussion on the efficiency of the proposed tally method. Councilmember Haus motioned to approve as presented, seconded by Councilmember Leifeld. 5 Ayes, 0 Nays. Announcements • The Hastings Community Halloween Party is Friday, October 27, from 6 to 8 pm at the High School. Recommended for families with kids 12 and under. Free event, but please bring a non-perishable food item for Hastings Family Service or a cash or check donation for the Youth Impact Council Scholarship. • Organics recycling and composting have become increasingly trendy topics in the past years, but what really are they? Learn more about how composting works, how it benefits our community, and how you can easily do your part in this crash course on Tuesday, October 24. Attendees will have a chance to win a countertop organics bin. • Mayor Fasbender recognized October 28th as National First Responder Day and thank all of our first responders for their service to the community. Meetings • Heritage Preservation Commission Meeting on Tuesday, October 17, 2023 at 7:00 p.m. - Cancelled • Parks & Recreation Commission Meeting on Wednesday, October 18, 2023 at 6:30 p.m. • Planning Committee Meeting on Monday, October 23, 2023 at 6:00 p.m. - Cancelled • Planning Commission Meeting on Monday, October 23, 2023 at 7:00 p.m. • Public Safety Advisory Committee Meeting on Wednesday, October 25, 2023 at 7:00 p.m. - Cancelled • City Council Regular Meeting on Monday, November 6, 2023 at 7:00 p.m. Councilmember Pemble motioned to adjourn the meeting at 8:17 PM, seconded by Councilmember Lawrence. Ayes 5; Nays 0. _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum To: Mayor Fasbender & City Council Members From: Connie Lang - Accountant Date: 11/02/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of September 2023 Credit Card payments. Council review of weekly routine disbursements issued 10/24/2023 and 10/31/2023 payments. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/07/2023. Background Information: Disbursements for routine items are made weekly. Disbursements for capital purchases and employee reimbursements are made twice a month, subsequent to Council approval. Financial Impact: September 2023 CC Payments $ 32,734.91 Disbursement checks, EFT issued on 10/24/2023 $ 314,197.90 Disbursement checks, EFT issued on 10/31/2023 $ 244,901.74 Disbursement checks, EFT to be issued on 11/07/2023 $ 483,837.62 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Council Reports VIII-01 Date Vendor Amount Account Description 09/15/2023 Vzwrlss My Vz Vb P 40.01 101-105-1051-6321 Verizon Air Cards09/07/2023 Checkr, Inc Checkr.Com 438.00 101-107-1052-6307 August backgrounds 09/26/2023 In Syncstream Solutio 2,700.00 101-107-1052-6319 Annual Renewal 09/19/2023 Minnesota Assoc Of Gov 125.00 101-107-1061-6323 Fall MAGC conference for communicators 08/27/2023 Facebk A9gcvsp6p2 34.96 101-107-1061-6331 online advertising for Levee Park programs09/15/2023 Vzwrlss My Vz Vb P 40.01 101-107-1071-6321 Verizon Air Cards 09/13/2023 League Of Minnesota Ci 30.00 101-107-1071-6323 Fall Forum Webinars 09/03/2023 Walmart.Com 116.42 101-107-1072-6217 election supplies 08/30/2023 Government Finance Off 135.00 101-120-1201-6323 Eitemiller - GFOA09/16/2023 Amazon.Com Tr9lh7k71 35.98 101-140-1401-6211 high reach dusters 09/14/2023 Amzn Mktp Us -57.68 101-140-1401-6211 Amazon return bad product 09/01/2023 Amzn Mktp US Tl6sp0to2 58.68 101-140-1401-6211 FC dusters 09/06/2023 Cenex Pelican 09903964 46.38 101-140-1401-6212 Truck gas offsite for training09/19/2023 Amazon.Com Tx7n35ie2 39.91 101-140-1401-6217 garbage cans for bathrooms 08/31/2023 Amzn Mktp US T31d636m1 33.99 101-140-1401-6217 fiberglass sticks for pulling wire through ceilings and walls 08/31/2023 Amzn Mktp US T35sw6s41 139.41 101-140-1401-6356 power washer for all sites 08/28/2023 Wm Supercenter #1472 46.99 101-140-1403-6211 gloves, magic erasers09/22/2023 Amazon.Com T15ka61a2 85.82 101-140-1403-6353 air tank regulators, sink faucet controls. 09/20/2023 Menards Cottage Grove 195.71 101-140-1403-6353 CO2 detectors for boiler rooms, duct work for P.D. 09/01/2023 Amzn Mktp US Tl0hq4z90 59.98 101-140-1403-6353 PD outlet strip 08/29/2023 Menards Cottage Grove 30.21 101-140-1403-6353 Ceiling tiles for PD and FD stat, wire08/29/2023 Amzn Mktp US Amzn.Com/ -48.99 101-140-1403-6353 return on a outlet strip08/29/2023 Wm Supercenter #1472 56.56 101-140-1404-6211 cleaning supplies 08/28/2023 Wm Supercenter #1472 46.99 101-140-1404-6211 gloves, magic erasers 09/22/2023 Amazon.Com T15ka61a2 163.55 101-140-1404-6353 air tank regulators, sink faucet controls. 09/20/2023 Menards Cottage Grove 29.97 101-140-1404-6353 CO2 detectors for boiler rooms, duct work for P.D. 09/21/2023 Amazon.Com T190f3z72 69.64 101-140-1404-6353 cooler filters 09/19/2023 Amzn Mktp US Tx2065u42 56.89 101-140-1406-6353 LED replacement Sconce 08/29/2023 Menards Cottage Grove 30.21 101-140-1406-6353 Ceiling tiles for PD and FD stat, wire 09/15/2023 Vzwrlss My Vz Vb P 41.20 101-150-1501-6321 Verizon Cell Phones09/13/2023 Airbnb Hmpyfdnxpr 289.14 101-150-1501-6323 MN State Planning Conference - Hinzman - Lodging 09/13/2023 Apa Mn Chapter 476.35 101-150-1501-6323 MN State Planning Conference - Hinzman - Registration 09/13/2023 Eig Constantcontact.Co 49.40 101-160-1061-6310 Monthly Constant Contact email newsletter software for September 2023 09/22/2023 Amzn Mktp US T19y18c80 61.74 101-160-1601-6217 ipad case/keyboard for DWilske09/07/2023 Amzn Mktp US Tr8yf3z92 17.99 101-160-1601-6217 Label maker cartridges 09/16/2023 Comcast Cable Comm 84.90 101-160-1601-6308 Cable 09/25/2023 Centurylink Lumen 88.68 101-160-1601-6321 911 Service 09/15/2023 Vzwrlss My Vz Vb P 40.01 101-160-1601-6321 Verizon Air Cards09/02/2023 Realvnc Limited 66.44 101-160-3100-6310 RealVNC - Annual Subscription 09/22/2023 Hopkins Express 46.53 101-201-2010-6212 gas for maroon Impala for SPSC559 09/15/2023 Hopkins Express 52.23 101-201-2010-6212 Gas in maroon Impala for SPSC559 09/26/2023 Hometown Ace Hardware 4.13 101-201-2010-6217 Brushes for cleaning coffee maker at PD09/13/2023 Wal-Mart #1472 25.94 101-201-2010-6217 Coffee for Office 09/05/2023 Coborns Superstore 45.99 101-201-2010-6217 Cake for Ofc. 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Glancey09/12/2023 Fleet Farm 6500 152.04 101-201-2019-6230 AR-15 and Glock 9mm magazines for the C.E.O.'s Go-bag. 09/02/2023 Maxpedition Com 128.97 101-201-2019-6230 Go-bag for C.E.O. 09/16/2023 Stokes Pharmacy 69.10 101-201-2219-6231 stokes medication for Sonny 09/03/2023 Atlas Pet Supply - Sti 109.99 101-201-2219-6231 Dog Food Sept08/31/2023 Pet Travel Store 259.95 101-201-2219-6231 Microchip Scanner for dogs. 09/08/2023 Department Of Labor An 890.69 101-230-2301-2015 Aug Building Permit Surcharge 09/06/2023 Department Of Labor An 2,821.33 101-230-2301-2015 July Building Permit Surcharge 09/15/2023 Vzwrlss My Vz Vb P 225.06 101-230-2301-6321 Verizon Air Cards09/15/2023 Vzwrlss My Vz Vb P 82.40 101-230-2301-6321 Verizon Cell Phones 09/21/2023 Jersey Mikes 24044 366.13 101-240-2020-6450 food for employee wellness sept event 09/20/2023 Aldi 72014 12.43 101-240-2020-6450 Water for Comedy Show Lunch 08/31/2023 Amzn Mktp US T359t08e1 142.44 101-240-2020-6450 City Hall Employee Outing08/30/2023 4up Emeraldgreens 205.68 101-240-2020-6450 Golf carts for department team building 08/29/2023 Subway 3414 173.51 101-240-2020-6450 team building lunch 08/24/2023 4up Emeraldgreens 107.13 101-240-2020-6450 parks staff wellness outing 08/24/2023 4up Emeraldgreens 107.13 101-240-2020-6450 parks staff wellness outing08/24/2023 4up Emeraldgreens 107.13 101-240-2020-6450 parks staff wellness team building 09/15/2023 Vzwrlss My Vz Vb P 40.01 101-300-3100-6321 Verizon Air Cards 09/15/2023 Vzwrlss My Vz Vb P 41.20 101-300-3100-6321 Verizon Cell Phones 09/15/2023 Vzwrlss My Vz Vb P 32.34 101-301-3200-6321 Verizon Cell Phones09/13/2023 Sq Minnesota Fall Mai 90.00 101-301-3200-6323 Fall Maintenance Expo09/13/2023 Sq Minnesota Fall Mai 120.00 101-301-3200-6323 Fall Maint Expo 08/31/2023 Fury Motors 114.03 101-301-3200-6580 Electronic brake install on new pick up 08/31/2023 Tennis Sanitation Llc 118.83 101-401-5001-6311 Garbage/Recycle 09/17/2023 Amzn Mktp US Tx1ua8mh2 26.97 200-401-4440-6217 Fuse Block Blade09/14/2023 Amazon.Com Tx0xu8460 134.97 200-401-4440-6218 Brady pants 09/20/2023 Menards Cottage Grove 237.46 200-401-4440-6228 materials 09/15/2023 Menards Cottage Grove 152.15 200-401-4440-6228 materials 09/15/2023 Vzwrlss My Vz Vb P 75.02 200-401-4440-6321 Verizon Air Cards09/15/2023 Vzwrlss My Vz Vb P 73.54 200-401-4440-6321 Verizon Cell Phones 08/28/2023 Oglebay Lodging 717.50 200-401-4440-6323 event conference 08/24/2023 Oglebay Lodging 1,930.58 200-401-4440-6323 event management conference/school 08/26/2023 Airport Limousine Serv 240.00 200-401-4440-6323 transfer from airport to conference center 09/21/2023 Fleet Farm 6500 83.05 200-401-4440-6353 hose etc. 09/07/2023 Fleet Farm 6500 189.98 200-401-4440-6353 Equipment tires 09/20/2023 Amazon.Com Tx6er12u0 64.00 200-401-4440-6354 Solenoid Valve Credit Card Purchases September 2023 VIII-01 09/13/2023 Amzn Mktp US Tr6wa4y82 56.84 200-401-4440-6354 Switches 08/28/2023 Auto Doctor Car Care 157.91 200-401-4440-6354 detail reused police suv for parks 09/13/2023 Amzn Mktp US Tr1om7wx2 551.22 200-401-4440-6356 home plates 09/15/2023 Spotify 11.77 200-401-4440-6433 music for programming for paws in the park and halloween event08/28/2023 Paypal Balloonart 585.19 200-401-4440-6494 dog park event balloon arch08/31/2023 M&h #30 7.47 200-401-4445-6319 ice for bands 08/24/2023 M&h #30 7.77 200-401-4445-6319 water for bands 09/18/2023 Crown Awards Inc 57.69 200-401-4457-6214 fall trophies08/30/2023 American Red Cross 126.00 201-401-4240-6319 lgt certs08/30/2023 American Red Cross 44.00 201-401-4240-6319 LGT cert 09/20/2023 Menards Cottage Grove 59.54 201-401-4240-6353 CO2 detectors for boiler rooms, duct work for P.D. 08/25/2023 Cub Foods #1635 73.36 201-401-4246-6254 cake, buns, hot dogs, stuff for b-day 09/01/2023 State Historic Preserv 125.00 210-170-1702-6323 MN State Historic Preservation Conference - Fortney - Registration09/06/2023 Ohj Subscriptions 32.00 210-170-1704-6217 Old Home Journal - Annual Subscription 08/25/2023 Amazon.Com T39py4a02 A 165.86 213-210-2100-6211 Cleaning supplies 09/14/2023 Kwik Trip 24900002493 372.15 213-210-2100-6217 Rehab supplies for crews at the Creamery structure fire 09/15/2023 Menards Cottage Grove 135.16 213-210-2100-6217 Shovels and rakes needed for structure fire at creamery-IC#2351209/11/2023 Terry S Hardware 29.69 213-210-2100-6217 Station supplies 09/07/2023 Best Maid Cookie Co 264.43 213-210-2100-6217 Cookies ordered for open house 09/05/2023 Wm Supercenter #1472 179.21 213-210-2100-6217 Station supplies 09/04/2023 Wal-Mart #1472 41.84 213-210-2100-6217 Station supplies08/30/2023 Menards Cottage Grove 26.82 213-210-2100-6217 Twist lok pole 08/29/2023 Nfpa Natl Fire Protect 478.95 213-210-2100-6217 Fire prevention materials 09/06/2023 Fleet Farm 6500 39.61 213-210-2100-6221 Hitch and mount for Utility Vehicle #1 08/30/2023 Minn Fire Svc Cert Boa -52.50 213-210-2100-6311 Refund overpayment for Likes' recertification payment09/15/2023 Vzwrlss My Vz Vb P 500.14 213-210-2100-6321 Verizon Air Cards 09/15/2023 Vzwrlss My Vz Vb P 97.02 213-210-2100-6321 Verizon Cell Phones 09/15/2023 Country Inn & Suites F 813.47 213-210-2100-6323 Lodging for Conference 08/31/2023 Minnesota State Fire C 325.00 213-210-2100-6323 Chief's conference registration fee09/14/2023 J2 Efax Corporate Svc 109.95 213-220-2200-6433 Service for faxing EMS reports to receiving hospital08/29/2023 Emsrb Service Fee 6.19 213-220-2200-6433 Ambulance license renewal service fee 08/29/2023 Mn Ems Reg Board 288.00 213-220-2200-6433 Ambulance license renewal fee 09/20/2023 Menards Cottage Grove 29.97 220-450-4160-6350 CO2 detectors for boiler rooms, duct work for P.D. 09/09/2023 Carbones Pizzeria - Ha 61.60 221-201-2021-6450 Food for Reserves at Rivertown Live Concert08/29/2023 Axon 436.00 221-201-2021-6450 Replacement X26P batteries for Reserve Unit Tasers 08/29/2023 Deed Business And Comm 4.30 407-180-1502-6323 MN DEED Brownfields Conference Registration - Menke - Service Fee 08/29/2023 Deed Business And Comm 200.00 407-180-1502-6323 MN DEED Brownfields Conference - Menke - Registration Fee 08/31/2023 Hometown Ace Hardware 19.25 407-180-1502-6350 Makers Market - Supply Purchase09/15/2023 Vzwrlss My Vz Vb P 41.20 407-180-6003-6321 Verizon Cell Phones 09/15/2023 Vzwrlss My Vz Vb P 295.08 600-300-3300-6321 Verizon Air Cards 09/15/2023 Vzwrlss My Vz Vb P 35.01 600-300-3300-6321 Verizon Air Cards 09/15/2023 Vzwrlss My Vz Vb P 82.40 600-300-3300-6321 Verizon Cell Phones08/28/2023 Psn Minnesota Rwa Mn -50.00 600-300-3300-6323 Member credit - Water school 08/24/2023 Minnesota Safety Counc 225.00 601-300-3400-6323 Confined Space Training - Jake Gartzke 09/25/2023 Menards Red Wing Mn 324.22 601-300-3400-6580 Westwood Lift Station Generator - Blades, Drill Bits, screws 09/21/2023 Menards Cottage Grove 36.46 601-300-3400-6580 Westwood Lift Station Generator - Cedar boards09/15/2023 Menards Red Wing Mn 44.38 601-300-3400-6580 Westwood Lift Station Generator - Bits, screws 09/15/2023 Menards Red Wing Mn 2,615.85 601-300-3400-6580 Westwood Lift Station Generator - Acetone, Bonding, Bolts, Washers, Nuts 09/08/2023 McNeilus Steel 779.23 601-300-3400-6580 Westwood Lift Station Generator - Scrap, Coil heads, 09/20/2023 Menards Cottage Grove 23.92 615-401-4103-6217 Spray Paint for Nets09/06/2023 Sp Bigtimeclocks 82.45 615-401-4103-6217 Lobby Clock 09/21/2023 Menards Cottage Grove 29.90 615-401-4103-6240 Spray Paint for Nets 09/07/2023 Menards Cottage Grove 79.00 615-401-4103-6240 Angle Grinder TOTAL 32,734.91 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 813.13 NOV LIFE INS PREMIUM 57.59 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 216.84 OCT 2023 VISION PREMIUM 18.30 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 3,483.96 NOV 2023 DENTAL PREMIUM 256.50_ TOTAL: 4,846.32 NON-DEPARTMENTAL GENERAL USS MN V MT LLC SEPT HUBERS SOLAR GARDEN 8,610.16 USS MN VII MT LLC SEPT WILDCAT SOLAR 1,186.32 SEPT WILDCAT SOLAR 5,319.45_ TOTAL: 15,115.93 COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 34.30_ TOTAL: 34.30 ADMINISTRATION GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 4.90_ TOTAL: 4.90 CITY CLERK GENERAL I/O SOLUTIONS, INC. FAX ANSWER SHEETS FOR SCOR 10.00 THE JOURNAL LEGAL NOTICES 676.42 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 14.70 NOV LIFE INS PREMIUM 4.17 INTEGRITY EMPLOYEE BENEFITS, LLC BENEFITSCONNECT SHARED SVC 798.00_ TOTAL: 1,503.29 FINANCE GENERAL AMERICAN ACCOUNTS & ADVISERS, INC. COLLECTION FEE 70.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 19.60 GRAPHIC DESIGN 2023 BUDGET INSERT CARD 670.00_ TOTAL: 759.60 LEGAL GENERAL CAMPBELL KNUTSON, P.A. SEPT 2023 LEGAL FEES 12,231.71_ TOTAL: 12,231.71 FACILITY MANAGEMENT GENERAL BRIKK MECHANICAL LLC. PD REPAIR COPPER LINES & V 2,200.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 4.17 TOTAL MECHANICAL SERVICES, INC. CH REMOVAL OF REFRIDGERANT 2,918.00 CH HEAT PUMP SEAL KIT REPL 2,375.00 DAKOTA COUNTY FINANCE SEPT 23 FUEL 40.67 E. G. RUD AND SONS, INC. PERM SIGN LEGAL DESC & SKE 891.00 W.W. GRAINGER, INC. C.H./P.W. FILTERS AND BELT 328.17 JAYTECH, INC. FC TESTING EQUIP FOR BOILE 72.53 TERRYS HARDWARE, INC. F.C. KEYS CUT,SCREWS,3M HO 12.35 F.C. HAMMER DRILL BIT 10.75 PD KEYS & WIRE 8.38 FC WIRE CONNECTORS 3.99 PD CREDIT FOR KEYS NOT WOR 3.58- VIKING AUTOMATIC SPRINKLER P.D. 5 YR ANNUAL/REPLACE V 2,175.00 C.H. INSPECTION/TEST/REPAI 6,750.00_ TOTAL: 17,786.43 COMMUNITY DEVELOPMENT GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 4.90_ TOTAL: 4.90 I.T. GENERAL OFFICE OF MN.IT SERVICES SEPT WAN/USAGE 529.62 LOGIS/LOCAL GOVERNMENT INFORMATION SYS NOVEMBER FIBER MAINTENANCE 125.00 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ DECEMBER FIBER MAINT. SERV 125.00 KNOWBE4 ANNUAL SUBSCRIPTIO 1,282.50 FIREWALL REPLACEMENT 22,774.14 FIREWALL CONFIGURATION & I 3,003.75 PARAGON DEVELOPMENT SYSTEMS INC TECHNICAL ASSISTANCE W/VMW 350.00 ACTIVE NETWORK, LLC SUBSCRIPTION OCT23 - SEP 2 11,247.60 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 14.70 MARCO TECHNOLOGIES, LLC UCC LICENSES (3) 207.00 DAKOTA COUNTY FINANCE OCT 23 IT SERVER LEASE 250.00 COMPUTER INTEGRATION TECHNOLOGIES SECURITY REVIEW 1,054.00 PW TRAINING ROOM PROJ-INV 2,325.00 SECURITY REMOTE SERVICES 310.00_ TOTAL: 43,598.31 POLICE GENERAL LOGIS/LOCAL GOVERNMENT INFORMATION SYS NOVEMBER 2023 STATEMENT-PD 3,338.00 DECEMBER 2023 STATEMENT-PD 3,338.00 NET TRANSCRIPTS, INC. TRANSCRIPTION 138.88 SOUTH METRO SWAT SWAT TRAINING - FORT MCCOY 320.14 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 176.36 DAKOTA COUNTY FINANCE SEPT 23 RADIO LICENSE FEES 1,726.42 SEPT 23 FUEL 4,671.45 SEPT 23 FLEET SERVICES 3,701.60_ TOTAL: 17,410.85 BUILDING & INSPECTIONS GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 24.50 NOV LIFE INS PREMIUM 4.90 DAKOTA COUNTY FINANCE SEPT 23 FUEL 188.96 PRECISION LANDSCAPING & CONSTRUCTION 1938 WALNUT-BOARD/SECURE/B 2,310.00 ABATEMENT-220 W 9TH ST- 10 150.00 ABATEMENT-701 W 17TH-ON 9/ 956.00_ TOTAL: 3,634.36 PUBLIC WORKS GENERAL STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 14.95_ TOTAL: 14.95 PUBLIC WORKS STREETS GENERAL VALLEY WELDING & MACHINE SIGN REPAIRS 120.00 SAFE-FAST, INC. OIL PADS 225.00 HOMETOWN ACE HARDWARE SPRAYER 21.59 CONFLUENCE DEVELOPMENT, LLC UTILITIES/UPKEEP PARKING R 1,102.60 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 17.15 DAKOTA COUNTY FINANCE SEPT 23 FUEL 3,176.36 BOYER FORD TRUCKS/DBA ALLIANCE BRAKE SHOE KIT CREDIT 217.36- BATTERY, PARTS 323.55 INTERSTATE POWER SYSTEMS TANKER TRUCK-PARTS & LABOR 1,515.64 NUSS TRUCK & EQUIPMENT BRAKES, DRUM, CORE 319.90_ TOTAL: 6,604.43 PARKS & RECREATION GENERAL RIVERTOWN TREE SERVICE LLC REMOVE TREE ALONG TRAIL 2,000.00_ TOTAL: 2,000.00 NON-DEPARTMENTAL PARKS STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 295.16 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 12.20 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 624.57_ TOTAL: 931.93 PARKS & RECREATION PARKS REINDERS INC. HERBICIDE FOR FALL 1,800.00 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ INNOVATIVE OFFICE SOLUTIONS, LLC MISCELLANEOUS OFFICE SUPPL 71.08 CRESCENT ELECTRIC SUPPLY COMPANY LIGHT BULBS FOR JMF 103.63 MIDWEST ELECTRICAL CONSTRUCTION OUTLETS AT ROADSIDE 375.00 TIMER AT LEVEE 250.00 LIGHT POLE AT LIONS 375.00 HOMETOWN ACE HARDWARE PAINT AND BOLTS 9.01 ANTI FREEZE 81.97 4 CORNERS READY MIX CONCRETE FOR PORTA POTTY U 1,154.50 CONCRETE FOR CP ADAMS 1,262.50 SPIN CITY LAUNDROMAT, LLC. CLEANING OF TABLECLOTHS 60.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 53.90 INTERSTATE POWER SYSTEMS TANKER TRUCK-PARTS & LABOR 1,515.63 MTI DISTRIBUTING COMPANY 5910 REPAIR 598.93 TERRYS HARDWARE, INC. KEY 2.49 GLOVES 14.99 WEBBER RECREATIONAL DESIGN INC BENCHES FOR LINDBERG 2,609.88_ TOTAL: 10,338.51 PARKS & RECREATION AQUATIC CENTER MIDWEST ELECTRICAL CONSTRUCTION POOL - WIRING AND REPAIRS 910.00 POOL-FIX LIGHTING/REPAIR C 750.00_ TOTAL: 1,660.00 NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 1.70 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 3.12 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 18.40_ TOTAL: 23.22 CABLE CABLE TV STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 0.74_ TOTAL: 0.74 NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 8.40_ TOTAL: 8.40 HERITAGE PRESERVATION HERITAGE PRESERVAT STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 1.23_ TOTAL: 1.23 NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 404.65 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 76.60 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 824.23_ TOTAL: 1,305.48 FIRE FIRE & AMBULANCE LOGIS/LOCAL GOVERNMENT INFORMATION SYS NOVEMBER 2023 STATEMENT-PD 330.00 DECEMBER 2023 STATEMENT-PD 330.00 PRO HYDRO-TESTING, LLC HYDRO-TESTING SCBA 2,971.65 ROSENBAUER MINNESOTA, LLC REPAIR TO LADDER TRUCK 3,510.00 REPAID TO LADDER 1 2,919.10 AERIAL TRUCK INSPECTION 5,520.00 GORDY'S GLASS, INC. WINDSHIELD REPAIR - ENGINE 75.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 20.34 DAKOTA COUNTY FINANCE SEPT 23 RADIO LICENSE FEES 1,213.16 SEPT 23 FUEL 3,312.46 GRAPHIC DESIGN BI-ANNUAL INSPECTION CARD 97.00 MN DEPT OF PUBLIC SAFETY FF BACKGROUND CHECK (1) 33.25_ TOTAL: 20,331.96 AMBULANCE FIRE & AMBULANCE NAPA AUTO PARTS WHEEL STUDS - MEDIC 1 & 2 60.96 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ McKESSON MEDICAL-SURGICAL GOV. SOLUTIO MEDICAL SUPPLIES 424.39 MEDICAL SUPPLIES 213.51 MEDICAL SUPPLIES 142.97 MEDICAL SUPPLIES 140.90 MEDICAL SUPPLIES 771.13 EXPERT BILLING, LLC JUNE ADJUSTMENT 14.57 JULY ADJUSTMENT 1,842.69- AUG REVENUE 57293.37 2,005.27 SEPT REVENUE 27570.64 964.97 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 87.47 DIGITECH COMPUTER LLC SEPT 2023 REVENUE 7,055.92 DAKOTA COUNTY FINANCE SEPT 23 FUEL 660.18 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 681.98 MEDICAL SUPPLIES 277.98 LINDE GAS & EQUIPMENT INC. OXYGEN 192.52 OXYGEN 87.60 OXYGEN 244.43_ TOTAL: 12,184.06 NON-DEPARTMENTAL LEDUC HISTORIC EST STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 2.88 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 6.42_ TOTAL: 9.30 LEDUC LEDUC HISTORIC EST STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 0.74_ TOTAL: 0.74 POLICE RESERVES POLICE RESERVE S.R GUARDIAN SUPPLY LLC EQUIPMENT-RESERVE OFC MESS 59.98_ TOTAL: 59.98 PARKS & RECREATION PARKS CAPITAL PROJ MIRACLE RECREATION EQUIPMENT CO. LAKE ISABEL PARK-PARTIAL P 98,721.01_ TOTAL: 98,721.01 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 13.54 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 0.00_ TOTAL: 13.54 ECONOMIC DEVELOPMENT HEDRA THE BUSTED NUT BAR AND GRILL FACADE IMPRV PROG GRANT WO 3,300.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 8.58 PRECISION LANDSCAPING & CONSTRUCTION LAWN SERVICE - BLOCK 28 240.00 PRUNE SHRUBS-114 W 5TH/410 65.00_ TOTAL: 3,613.58 PUBLIC WORKS 2023 IMPROVEMENTS HOFFMAN-MCNAMARA TREES - 2023-1 PROJECT 12,320.00_ TOTAL: 12,320.00 NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 75.02 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 5.70 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 116.53_ TOTAL: 197.25 PUBLIC WORKS WATER HAWKINS INC CHLORINE CYLINDERS 50.00 INNOVATIVE OFFICE SOLUTIONS, LLC PAPER, DAILY LOG, PENS 497.31 SAFE-FAST, INC. MARKING PAINT 756.00 HOMETOWN ACE HARDWARE CAP 3.59 CORE & MAIN LP 1.5" METER 1,581.50 COUPLINGS, PLUNGER 1,084.63 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ METER REPLACEMENT PROGRAM 4,756.28 NORTHLAND SECURITIES, INC. UTILITIES RATE STUDY 274.18 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 27.88 VAN METER INC TAPE 94.20 LARKIN HOFFMAN DALY & LINDGREN, LTD SERVICES THRU 9/30/23 - PF 183.00 DAKOTA COUNTY FINANCE SEPT 23 FUEL 1,915.47 ALDEN POOL & MUNICIPAL SUPPLY DEHUMIDIFIER, FILTERS 3,517.00 CITY OF BLOOMINGTON BACT SAMPLING 312.00 W.W. GRAINGER, INC. C.H./P.W. FILTERS AND BELT 53.00 AIR FILTERS 87.96 VALVE 15.58 VIKING AUTOMATIC SPRINKLER SPRINKLER INSPECTIONS 405.00_ TOTAL: 15,614.58 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 56.62 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 5.56 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 91.82_ TOTAL: 154.00 PUBLIC WORKS WASTEWATER CUMMINS SALES & SERVICE WESTWOOD LIFT STATN GENERA 1,661.83 NORTHLAND SECURITIES, INC. UTILITIES RATE STUDY 274.16 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 19.50_ TOTAL: 1,955.49 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 91.17 VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 5.56 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 146.75_ TOTAL: 243.48 PUBLIC WORKS STORM WATER UTILIT NORTHLAND SECURITIES, INC. UTILITIES RATE STUDY 274.16 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 16.07 PINE BEND PAVING, INC. HOT MIX - 21ST ST SPILLWAY 211.58_ TOTAL: 501.81 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. OCT 2023 VISION PREMIUM 13.04 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 208.19_ TOTAL: 221.23 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 1,808.25 MIDWEST ELECTRICAL CONSTRUCTION ELECTRIC REPAIR-COOLING TO 695.00 REPLACED PHOTOCELL 250.00 QUALITY PROPANE OF MN CYLINDER RENTAL FEE 8.00 STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 9.80 VAN METER INC LED PARKING LOT BULB 108.53 FARMER BROS CO. CONCESSION SUPPLIES 366.47 W.W. GRAINGER, INC. LIGHT BULBS 263.52 R & R SPECIALTIES, INC. SKATE SHARP 145.00 ICE PAINTING 2,303.25 SYSCO, MINNESOTA CONCESSION SUPPLIES 1,750.44 CONCESSION SUPPLIES 124.59_ TOTAL: 7,832.85 NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 1.82 METROPOLITAN LIFE INSURANCE CO. NOV 2023 DENTAL PREMIUM 6.42_ TOTAL: 8.24 VIII-01 10-25-2023 11:36 AM Council Report OCTOBER 24TH PYMTS, 2023 PAGE: 6 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ PUBLIC WORKS HYDRO ELECTRIC STANDARD INSURANCE COMPANY NOV LIFE INS PREMIUM 2.45 K.R. WEST CO. INC. OIL SAMPLING 392.56_ TOTAL: 395.01 =============== FUND TOTALS ================ 101 GENERAL 125,550.28 200 PARKS 11,270.44 201 AQUATIC CENTER 1,660.00 205 CABLE TV 23.96 210 HERITAGE PRESERVATION 9.63 213 FIRE & AMBULANCE 33,821.50 220 LEDUC HISTORIC ESTATE 10.04 221 POLICE RESERVE S.R. 59.98 401 PARKS CAPITAL PROJECTS 98,721.01 407 HEDRA 3,627.12 483 2023 IMPROVEMENTS 12,320.00 600 WATER 15,811.83 601 WASTEWATER 2,109.49 603 STORM WATER UTILITY 745.29 615 ARENA 8,054.08 620 HYDRO ELECTRIC 403.25 -------------------------------------------- GRAND TOTAL: 314,197.90 -------------------------------------------- TOTAL PAGES: 6 VIII-01 10-26-2023 01:45 PM Council Report OCTOBER 31ST PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ COUNCIL & MAYOR GENERAL LEAGUE OF MN CITIES 2023-2024 MEMBERSHIP 20,409.00_ TOTAL: 20,409.00 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC CH OFFICE SUPPLIES 74.46_ TOTAL: 74.46 FACILITY MANAGEMENT GENERAL TERRYS HARDWARE, INC. FC - SUPPLIES 44.52 FC SCREWS, LOCKNUTS 15.96_ TOTAL: 60.48 POLICE GENERAL ENTERPRISE FM TRUST CAR LEASES 442.97 CAR LEASES 409.04 CAR LEASES 398.71 CAR LEASES 520.24 CAR LEASES 541.29 CAR LEASES 398.71 SHRED RIGHT OCTOBER SERVICE FEES 17.73 ITL PATCH & MONOGRAM PD SHOULDER PATCHES 208.00_ TOTAL: 2,936.69 PUBLIC WORKS STREETS GENERAL AIRGAS USA, LLC ACETYLENE, OXYGEN 87.19 HI-LINE ELECTRIC COMPANY, INC. CABLE TIES 81.00 PINS 67.50 DAKOTA COUNTY TECH COLLEGE GARTZKE - DEFENSIVE SNOW 200.00_ TOTAL: 435.69 PARKS & RECREATION PARKS ENTERPRISE FM TRUST CAR LEASES 753.40 CAR LEASES 753.40 CAR LEASES 1,130.55 CAR LEASES 272.00 BITUMINOUS ROADWAYS INC. TENNIS COURTS-PK DEDICATIO 215,819.67_ TOTAL: 218,729.02 PUBLIC WORKS WATER INNOVATIVE OFFICE SOLUTIONS, LLC UPS POWER SURGE 179.72 ENTERPRISE FM TRUST CAR LEASES 667.67 AIRGAS USA, LLC UPS POWER SURGE 179.72_ TOTAL: 1,027.11 PUBLIC WORKS WASTEWATER ENTERPRISE FM TRUST CAR LEASES 676.08 VIII-01 10-26-2023 01:45 PM Council Report OCTOBER 31ST PYMTS, 2023 PAGE: 2 * REFUND CHECKS * DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL WATER PINI, KRIS US REFUNDS 100.00 KASEL, WILLIAM US REFUNDS 34.93 VILLAS AT PLEASANT LLC US REFUNDS 106.21 ZEIEN, DEB US REFUNDS 177.46 WOODFORD, CORY/JESSICA US REFUNDS 53.97 CARLSON, CASSANDRA US REFUNDS 80.64_ TOTAL: 1,229.29 =============== FUND TOTALS ================ 101 GENERAL 23,916.32 200 PARKS 218,729.02 600 WATER 1,580.32 601 WASTEWATER 676.08 -------------------------------------------- GRAND TOTAL: 244,901.74 -------------------------------------------- TOTAL PAGES: 2 VIII-01 11-02-2023 09:31 AM Council Report NOVEMBER 7TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ NON-DEPARTMENTAL GENERAL HASTINGS AREA CHAMBER/COM LODGING TAX (6 OF 6 REPORT 8,731.35_ TOTAL: 8,731.35 COUNCIL & MAYOR GENERAL CENTURY LINK PHONES 8.42_ TOTAL: 8.42 ADMINISTRATION GENERAL CENTURY LINK PHONES 176.18_ TOTAL: 176.18 CITY CLERK GENERAL CENTURY LINK PHONES 25.27 UNITED PROMOTIONS YEAR CUSTOM MUGS X 40 419.95 HEALTH STRATEGIES PREPLACEMENT TESTING/SCREE 429.00 AWARDS NETWORK AWARDS PRODUCTS 2,273.30_ TOTAL: 3,147.52 FINANCE GENERAL CENTURY LINK PHONES 67.39 CHRIS C EITEMILLER MNGFOA EXPENSE REIMBURSEME 180.78_ TOTAL: 248.17 LEGAL GENERAL RATWIK, ROSZAK & MALONEY, P.A. PROFESSIONAL FEES 378.40_ TOTAL: 378.40 FACILITY MANAGEMENT GENERAL BRIKK MECHANICAL LLC. F.D. BALL VALVE REPLACEMEN 7,200.00 CRESCENT ELECTRIC SUPPLY COMPANY F.C. COURTYARD POST LIGHT 47.70 CENTURY LINK PHONES 117.22_ TOTAL: 7,364.92 COMMUNITY DEVELOPMENT GENERAL CENTURY LINK PHONES 25.27_ TOTAL: 25.27 I.T. GENERAL CENTURY LINK PHONES 25.27 BRIGHTLY SOFTWARE, INC. SMARTGOV LICENSE-NEW BLDG 807.74_ TOTAL: 833.01 POLICE GENERAL KYLE LINSCHEID LINSCHEID IACP REIMBURSEME 299.00 CENTURY LINK PHONES 193.39 DAVID WILSKE WILSKE IACP REIMBURSEMENT 25.23 WILSKE IACP REIMBURSEMENT 299.00 DAKOTA ELECTRIC ASSN ELECTRIC 17.81_ TOTAL: 834.43 BUILDING & INSPECTIONS GENERAL CENTURY LINK PHONES 42.12 PHONES 8.42_ TOTAL: 50.54 PUBLIC WORKS GENERAL CENTURY LINK PHONES 42.12 FOCUS ENGINEERING, INC. CONSULTING SERVICES 9,630.00 CONSULTING SERVICES 960.00_ TOTAL: 10,632.12 PUBLIC WORKS STREETS GENERAL CENTURY LINK PHONES 144.99 FOCUS ENGINEERING, INC. CONSULTING SERVICES 1,260.00 SPIN CITY LAUNDROMAT, LLC. RAGS 25.00 RAGS 25.00 AIRGAS USA, LLC ACETYLENE, OXYGEN 87.19 BRAUN INTERTEC 2023 MILL & OVERLAY EXPENS 1,642.50 VIII-01 11-02-2023 09:31 AM Council Report NOVEMBER 7TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ I-STATE TRUCK CENTER COOLANT 83.61 NUSS TRUCK & EQUIPMENT NAME PLATE 198.00_ TOTAL: 3,466.29 NON-DEPARTMENTAL PARKS MANSFIELD OIL COMPANY 800 GALLONS OF DIESEL 4,009.40_ TOTAL: 4,009.40 PARKS & RECREATION PARKS O'REILLY AUTOMOTIVE CLEANING SUPPLIES 68.51 TRI-STATE BOBCAT, INC. ALTERNATOR AND BELT FOR SK 308.01 SCHLOMKA'S PORTABLE RESTROOMS & MOBILE SEPTEMBER SERVICES 2,785.00 CENTURY LINK PHONES 234.79 HOMETOWN ACE HARDWARE ANTI FREEZE 63.00 AIR FILTER 29.98 4 CORNERS READY MIX CONCRETE FOR CP ADAMS PADS 965.00 CONCRETE FOR CP ADAMS PADS 1,730.00 NAPA AUTO PARTS SKID BATTERY 174.33 FORD REPAIR 224.84 5910 REPAIR 68.55 THEODORE LUCAS LUCAS MILEAGE REIMBURSEMEN 66.81 NICHOLAS KUMMER KUMMER BOOT REIMBURSEMENT 229.99 R.E. WAHLSTROM CONCRETE & DIVERSIFIED DUGOUT CONCRETE PADS 24,320.00 MIRACLE RECREATION EQUIPMENT CO. DAKOTA HILLS PLAYGROUND 163,410.30 MTI DISTRIBUTING COMPANY 5910 REPAIR 94.88 5910 DECK REPAIR 469.86 NIEBUR TRACTOR & EQUIPMENT, INC. CHAINSAW REPAIR 135.99 SHERWIN-WILLIAMS TAPE FOR GARBAGE 86.11 TERRYS HARDWARE, INC. BOLTS AND LOCK TIGHT 12.97 DRILL BITS 81.25_ TOTAL: 195,560.17 PARKS & RECREATION AQUATIC CENTER CENTURY LINK PHONES 167.76_ TOTAL: 167.76 CABLE CABLE ACCESS HASTINGS ACCESS CORP. Q3 2023 ACCESS SUPPORT 78,835.27_ TOTAL: 78,835.27 HERITAGE PRESERVATION HERITAGE PRESERVAT CENTURY LINK PHONES 8.42_ TOTAL: 8.42 FIRE FIRE & AMBULANCE SCHROEDER, NOELLA SCHROEDER BOOT REIMBURSEME 248.62 ALAN STORLIE STORLIE BOOT REIMBURSEMENT 145.00 CENTURY LINK PHONES 419.40 FAIR OFFICE WORLD OFFICE SUPPLIES 1,351.59 NORTHERN SAFETY TECHNOLOGY SOLENOID FOR STAFF VEHICLE 149.00_ TOTAL: 2,313.61 AMBULANCE FIRE & AMBULANCE I/O SOLUTIONS, INC. FF DRIVER/ENGINEER PROMO E 265.00 NAT FF SELECTION/INTEGRITY 577.00 MISCELLANEOUS V BCBS OF MN REFUND ACID 645 106.38 BCBS OF MN REFUND ACID 776 89.91 TERRY KOCHENDORFER TERRY KOCHENDORFER: REFUND 290.00 HEALTH PARTNERS HEALTH PARTNERS 144.01 LINDE GAS & EQUIPMENT INC. OXYGEN 625.72_ TOTAL: 2,098.02 PUBLIC WORKS 2023 IMPROVEMENTS AMERICAN ENGINEERING TESTING INC 2023-1 TESTING 9,633.00 VIII-01 11-02-2023 09:31 AM Council Report NOVEMBER 7TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ MSA PROFESSIONAL SERVICES, INC. 23-1 STAKING, FIELDWORK 2,341.50 FOCUS ENGINEERING, INC. CONSULTING SERVICES 2,550.00_ TOTAL: 14,524.50 DEBT 2020A GO DEBT U.S. BANK SERIES 2020A FISCAL AGENT 500.00_ TOTAL: 500.00 PUBLIC WORKS WATER SAFE-FAST, INC. SAFETY GLOVES 531.60 CENTURY LINK PHONES 136.57 FOCUS ENGINEERING, INC. CONSULTING SERVICES 420.00 CONSULTING SERVICES 2,250.00 ALEX KIEFFER KIEFFER BOOT REIMBURSEMENT 209.99 GARTZKE, JAKE R GARTZKE BOOT REIMBURSEMENT 234.99 DAKOTA ELECTRIC ASSN ELECTRIC 50.23 GRAPHIC DESIGN UB STATEMENTS/POSTAGE-OCT 297.00 UB STATEMENTS/POSTAGE-OCT 1,509.03_ TOTAL: 5,639.41 PUBLIC WORKS WASTEWATER BAUER SERVICES SANITARY SEWER LINING PROJ 9,875.00 FOCUS ENGINEERING, INC. CONSULTING SERVICES 1,020.00 DAKOTA ELECTRIC ASSN ELECTRIC 97.13 ELECTRIC 55.90 GRAPHIC DESIGN UB STATEMENTS/POSTAGE-OCT 297.00_ TOTAL: 11,345.03 PUBLIC WORKS STORM WATER UTILIT GRAPHIC DESIGN UB STATEMENTS/POSTAGE-OCT 297.00_ TOTAL: 297.00 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES, FUEL 166.00 CONCESSION SUPPLIES, FUEL 526.84 CENTURY LINK PHONES 75.47 APEX FACILITY SOLUTIONS, LLC ARENA REFRIGERATION PROJEC 129,464.50 SYSCO, MINNESOTA CONCESSION SUPPLIES 780.60_ TOTAL: 131,013.41 MISCELLANEOUS VEHICLE AND EQUIP HASTINGS FORD TONNEAU COVER-F.MARSHAL TR 579.00_ TOTAL: 579.00 NON-DEPARTMENTAL ESCROW - DEV/ENG/T FOCUS ENGINEERING, INC. CONSULTING SERVICES 870.00 CONSULTING SERVICES 90.00 CONSULTING SERVICES 90.00_ TOTAL: 1,050.00 VIII-01 11-02-2023 09:31 AM Council Report NOVEMBER 7TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT_ =============== FUND TOTALS ================ 101 GENERAL 35,896.62 200 PARKS 199,569.57 201 AQUATIC CENTER 167.76 206 CABLE ACCESS 78,835.27 210 HERITAGE PRESERVATION 8.42 213 FIRE & AMBULANCE 4,411.63 483 2023 IMPROVEMENTS 14,524.50 580 2020A GO DEBT 500.00 600 WATER 5,639.41 601 WASTEWATER 11,345.03 603 STORM WATER UTILITY 297.00 615 ARENA 131,013.41 703 VEHICLE AND EQUIP FUND 579.00 807 ESCROW - DEV/ENG/TIF-HRA 1,050.00 -------------------------------------------- GRAND TOTAL: 483,837.62 -------------------------------------------- TOTAL PAGES: 4 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: November 6, 2023 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $2,300.00, made to the Parks and Recreation Department and has designated that this donation be used for the Community Halloween Party that was held on October 27, 2023. Background Information: Hastings are businesses and individuals have made this donation to be used for the Community Halloween Party that was held on October 27, 2023. Financial Impact: Increase the Parks and Recreation donation account by $2,300.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, Hastings Area Businesses and Individuals have presented to the City Parks & Recreation Department a donation of $2,300.00 and has designated that this donation be used for the Community Halloween Party that was held on October 27, 2023; and WHEREAS, the City Council is appreciative of the donation and commends these Hastings Area Businesses and Individuals 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 Community Halloween Party that was held on October 27, 2023; and Adopted this 6th day of November, 2023 ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-02 2023 Halloween Party Donations Monetary Donations Amount Lee Hotel Group – Hastings Inn $50 GDI $50 Hoffman & McNamara $250 Rivertown Eye Care 200 Tennis Sanitation $100 MN Coaches $50 Dakota Electric $200 Abra Hovgaard Edward Jones $100 Fluegel Law Firm $100 Hastings Rivertown Lions Club $300 Majeski Plumbing and Heating $300 Intek Plastics $200 Hastings Fire Department Relief Association $200 Riverbend Animal Hospital $100 Treasure Island $100 Total: 15 Checks $2,300 In-Kind Donations Item Jersey Mikes 60 cookies for volunteers Coborn’s 504 Cookies for attendees Cub foods 20 boxes for food collection VIII-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: November 6, 2023 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $800.00, made to the Parks and Recreation Department and has designated that this donation be used for a Memorial Bench in a City Park or on a City Trail. Background Information: The Schweich Family has made this donation to be used for a Memorial Bench in a City Park or on a City Trail. Financial Impact: Increase the Parks and Recreation donation account by $800.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, The Schweich Family has presented to the City Parks & Recreation Department a donation of $800.00 and has designated that this donation be used for a Memorial Bench in a City Park or on a City Trail; and WHEREAS, the City Council is appreciative of the donation and commends The Schweich Family 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 a memorial bench to be placed in a City Park or on a City Trail; and Adopted this 6th day of November, 2023 ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-03 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: November 6th, 2023 Item: Donation to Hastings Police Department Council Action Requested: Accept donation of $50.00 from Robert and Shirley Frembgen Background Information: To show support for the work and dedication of the men and women of the Hastings Police Department, The Frembgen’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-04 Adopted this 6th day of November, 2023, _______________________________ Mary Fasbender, Mayor Attest: _____________________ Kelly Murtaugh, City Clerk CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE HASTINGS POLICE DEPARTMENT WHEREAS, Robert and Shirley Frembgen, 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 Frembgen’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. VIII-04 City Council Memorandum To: Mayor Fasbender & City Council Members From: John Townsend, Fire Chief Date: November 1, 2023 Item: Accept a Donation from Bob and Shirley Frembgen 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: Bob and Shirley Frembgen have made this donation, based on the exceptional and outstanding services provided to our town and the surrounding area, 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-05 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11- -23 A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF DONATIONS TO THE HASTINGS FIRE DEPARTMENT WHEREAS, Bob and Shirley Frembgen made a donation to be designated to the fire department; and WHEREAS, the City Council is appreciative of the donation and commends Bob and Shirley Frembgen 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 6th day of November, 2023. ________________________________ Mary Fasbender, Mayor Attest: ____________________________ Kelly Murtaugh, City Clerk VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: November 6, 2023 Item: Special Event Request – Holiday Train Council Action Requested: Designate Saturday, December 9th as a Special Event for the Holiday train hosted by the Canadian Pacific Railroad. Background Information: Hastings Family Service, on behalf of Canadian Pacific Railroad, submitted the Special event Application for the Holiday Train event. The Holiday Train will stop on 2nd St. tracks near the Train Depot. The goal of the event is to raise donations for Hastings Family Service Food Shelf. City staff are supportive of the 2023 event with the following conditions: The areas identified on the attached map shall be for the use of the Holiday Train event beginning at 8:00 p.m. Sunday, December 9th 2023 • City Staff will provide type II barricades, caution tape, and city vehicles to close the area of use for safety during the Holiday Train stop. • Barricades East & West on 2nd Street Railroad tracks, set 20 feet back • Caution tape on North and West side of tracks • City vehicle barricades and reserve officer West and East on 2nd Street between Tyler and Lea St. • The Hastings Police Department will provide support for traffic management; availability of reservists is not guaranteed. • The Parks and Recreation Department will provide four portable bathrooms near Depot Park • City garbage and recycling downtown will be emptied before and after the event by City staff. • Any other reasonable conditions as determined by staff during event. Financial Impact: • None Advisory Commission Discussion: • None Council Committee Discussion: • None Attachments: ▪ Special Event Application ▪ Event Map VIII-06 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 V I I I - 0 6 City Council Memorandum To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: November 6, 2023 Item: Approve Application for Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center Council Action Requested: Approve the attached resolution approving the application for Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center for a Tobacco License at 300 Vermillion Street. Background Information: The City has received and received an application for a new tobacco license from Hussein Alobaidi, of Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center to be able to sell tobacco products at 300 Vermillion Street. Approvals and issuances of licenses are contingent upon the submittal of all required documents, fees, and successful completion of a criminal background investigation conducted by the Hastings Police Department and passing inspection by the Building Official and Fire Marshal. Financial Impact: Increased license revenue. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-07 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 23 A RESOLUTION APPROVING THE APPLICATION BY HASTINGS SMOKEY’S TOBACCO, INC. DBA SMOKEY’S TOBACCO & VAPE CENTER FOR A TOBACCO LICENSE WHEREAS, the City has received and reviewed applications for a new tobacco license from Hussein Alobaidi, of Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center to be able to sell tobacco products at 300 Vermillion Street; and WHEREAS, approval and issuance of licenses are contingent upon the City receiving all required documents, fees, and successful completion of a criminal background investigation conducted by the Hastings Police Department, and passing inspection by the Building Official and Fire Marshal; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Tobacco License for Hastings Smokey’s Tobacco, Inc. dba Smokey’s Tobacco & Vape Center is approved. ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS 6TH DAY OF NOVEMBER 2023. ATTEST: Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-07 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: November 6th, 2023 Item: 2024 Dakota County South Metro SWAT JPA Council Action Requested: Approve the 2024 Joint Powers Agreement with the Dakota County South Metro SWAT. Amendments to the original JPA include recognizing the unit name change to “South Metro SWAT. The only other addition/subtraction to the JPA are the dates of the agreement. The agreement will run 2024-2028. Background Information: The Hastings Police Department desires to renew the Joint Powers Agreement with the Dakota County South Metro SWAT. The original agreement was ratified on/about November 24, 2003 and established an organization to coordinate efforts and provide joint response to critical incidents or high-risk entries where there is a risk of criminal violence. This group provides both an effective and efficient response to emergency situations by applying and leveraging the collective resources of 13 agencies in Dakota and Rice Counties. The Joint Powers Agreement has been reviewed and approved as to form by Hastings City Attorney Kori Land. Financial Impact: $14,393.20 Annually (2024) Advisory Commission Discussion: None Council Committee Discussion: None Attachments: Agreement VIII-08 1 South Metro SWAT 2024 Joint Powers Agreement DAKOTA COUNTY SOUTH METRO SWAT 2024 JOINT POWERS AGREEMENT The parties to this Agreement are units of government responsible for critical incident response in their respective jurisdictions. This Agreement is made pursuant to the authority conferred upon the parties by Minn. Stat § 471.59. This Agreement amends and supersedes the DAKOTA COUNTY SOUTH METRO SWAT, 2019 JOINT POWERS AGREEMENT, and shall become effective only upon the approval and execution hereof by duly authorized officers of all of the parties. NOW, THEREFORE, the undersigned governmental units, in the joint and mutual exercise of their powers, agree as follows: 1. Name. South Metro SWAT. 2. General Purpose. The purpose of this Joint Powers Agreement is to establish an organization to coordinate efforts to develop and provide joint response to critical incidents or high-risk entries where there is a risk of criminal violence, occurring within and outside of the parties’ jurisdictions. 3. Parties. The parties to this Agreement shall consist of the following units of government: City of Apple Valley City of Mendota Heights City of Farmington City of Rosemount City of Hastings City of South St. Paul City of Inver Grove Heights City of West St. Paul City of Lakeville County of Dakota City of Faribault County of Rice City of Northfield 4. Governance. 4.1. Governing Board. The governing board (“Board”) of the South Metro SWAT shall consist of one member and one alternate member appointed by the chief law enforcement officer of each party to this Agreement. Appointees shall be full-time supervisory peace officers of the appointing party. Resolutions or other documentation of the appointments shall be filed with the chair of the Board. VIII-08 2 South Metro SWAT 2024 Joint Powers Agreement Members of the Board shall not be deemed to be employees of South Metro SWAT and shall not be compensated by the Board. 4.2. Terms. Appointees shall serve at the pleasure of the appointing party and may be removed only by the appointing party. 4.3. Officers. During the first quarter of each year the Board shall elect from its members a chair, vice chair and secretary/treasurer. The chair shall preside at all meetings of the Board and shall perform other duties as determined by the Board, including the authority to sign contracts authorized by the Board. The vice chair shall preside during the absence of the chair. The secretary/treasurer shall assist the chair in overseeing the Board’s budget and finances. 4.4. Meetings. The Board shall have regular quarterly meetings. Special meetings may be held on reasonable notice by the chair or vice chair. The presence of a simple majority of the members shall constitute a quorum. All meetings of the board shall be subject to the Open Meeting Law. 4.5. Voting. Each party to this agreement shall have one vote at any meeting of the Board. Proxy votes are not permitted. The Board shall function by a majority vote of board members or alternate members present, provided that a quorum is present. 5. Duties of the Board. 5.1. The Board will formulate a program to carry out its purpose. 5.2. The Board will coordinate information between the parties and the South Metro SWAT. 5.3. The Board has the exclusive authority to and shall appoint and supervise the Team Commander and Assistant Team Commanders of the South Metro SWAT, including appointment to fill vacancies in these positions. Appointments require the concurrence of the chief law enforcement officer of the Team Commander’s or Assistant Team Commander’s employer. 5.4 The Board may relieve the Team Commander or an Assistant Team Commander of their duties at any time upon simple majority vote of the Board. 5.5 The Board shall review annually the policies and procedures of the South Metro SWAT Team. VIII-08 3 South Metro SWAT 2024 Joint Powers Agreement 6. Powers of the Board. 6.1. The Board may enter into any contract necessary or proper for the exercise of its powers or the fulfillment to its duties and enforce such contracts to the extent available in equity or at law, except that the Board shall not enter into any contract the term of which exceeds one year. 6.2. The Board may enter in written contracts with any party to provide budgeting and accounting and administrative services necessary or convenient for the Board. Such services may include but not be limited to: management of all funds, payment for contracted services and other purchases, relevant bookkeeping and record keeping, records management, training records, and purchase of equipment. 6.3. The Board may disburse funds in a manner which is consistent with this Agreement and with the method provided by law for the disbursement of funds by the party under contract to provide budgeting and accounting services. 6.4. The Board may apply for and accept gifts, grants or loans of money or other property (excluding real property) or assistance from the United States government, the State of Minnesota, or any person, association, or agency for any of its purposes; enter into any agreement in connection therewith; and hold, use and dispose of such money or other property and assistance in accordance with the terms of the gift, grant or loan relating thereto. 6.5. The Board must obtain and maintain liability insurance in amounts not less than the statutory liability limits established under Minn. Stat. Ch. 466 and may obtain other insurance it deems necessary to insure the parties, the Board, its members and employees of the parties for actions arising out of this Agreement, including, but not limited to extended reporting period coverage upon termination. With respect to employees of parties who have responded to a request for assistance pursuant to paragraph 9.5.1, they will be deemed to be taking actions arising out of this Agreement from the time they receive a request for assistance pursuant to this Agreement and commence traveling to the location where assistance is to be provided until the Team Commander or Assistant Team Commander has made the decision pursuant to paragraph 9.5.1 to recall the team. 6.6. All powers granted herein shall be exercised by the Board in a fiscally responsible manner and in accordance with the requirements of law. The purchasing and contracting requirements of the party providing budgeting and accounting shall apply to the Board. 6.7. The Board may cooperate with other federal, state and local law enforcement agencies to accomplish the purpose for which it is organized. VIII-08 4 South Metro SWAT 2024 Joint Powers Agreement 6.8 South Metro SWAT does not have the authority to seize property for purposes of Minn. Stat. §§ 609.531-.5318. 6.9. The Board may retain legal counsel to advise the Board and provide civil legal services. The Dakota County Attorney’s Office is not the Board’s legal counsel. 6.10. All cash monies derived from South Metro SWAT operations shall remain the property of south Metro SWAT and shall be used in furtherance of South Metro SWAT efforts. 6.11 The Board is not responsible for investigating the conduct of the Team Commander, an Assistant Team Commander or any team member assigned to the South Metro SWAT. The Board will forward any complaints about any of the conduct of any such individual to the individual’s employing agency. 7. Budget and Finance. 7.1. Budget. By April 30 of each year the Board shall prepare and adopt a budget for the following calendar year and may amend the same from time to time. 7.2. Expenses. The parties intend to fund South Metro SWAT through annual contribution paid by each party. The Board shall establish the contribution by April 30 of the year prior to the year when the contribution is payable. The parties agree to pay the contribution as determined by the Board on or before January 31 of the year following the determination, provided that the respective city council or county board for each party has included funds for this purpose in its adopted budget. If a party elects to withdraw from this Agreement, there will be no reimbursement of any part of the contribution made for the year of withdrawal. 7.3. Accountability. If the Board elects to contract with a party to provide budgeting and accounting services, the Board shall enter into a written fiscal agent agreement with such party. The fiscal agent shall forward reports on South Metro SWAT receipts and disbursements to the members on a monthly basis. Fiscal agent responsibilities include but are not limited to management of all funds, including party contributions and grant funds, payment for contracted services, and bookkeeping and recordkeeping. All funds shall be accounted for according to generally accepted accounting principles. 7.4 Invoices. The secretary/treasurer may authorize payment of invoices which are consistent with the adopted budget and shall report to the Board all such invoices at its next regular meeting. VIII-08 5 South Metro SWAT 2024 Joint Powers Agreement 8. South Metro SWAT Team members. 8.1. The Team Commander and Assistant Team Commanders and team members shall be licensed peace officers. The chief law enforcement officer of each party shall assign licensed peace officers to serve as South Metro SWAT team members, subject to approval of the Team Commander. Appointment as a Team Commander, Assistant Team Commander or team member pursuant to this Agreement shall not obligate any party to pay its employees so appointed any premium pay. 8.2. Team Commander, Assistant Team Commanders and team members assigned to the South Metro SWAT at all times will remain employees of the members’ respective jurisdictions and will not be employees of the Board. 9. Operations. 9.1. Team Structure. The Team Commander, with Board approval, will organize a leadership structure for South Metro SWAT that ensures efficient operation and deployment of resources. 9.2. Budget. The Team Commander will prepare and present to the Board annually a requested operating and capital improvement budget for the following year. 9.3. Communication. The Team Commander will act as a liaison between the South Metro SWAT and the Board, providing quarterly updates on team status, deployment, and budget. 9.4. Training. The Team Commander shall be responsible for arranging monthly and annual training events for team members, consistent with direction from the Board. The Team Commander shall also be responsible for maintaining records of the training received by team leaders and members as well as records of all other activities undertaken by the Team Commander, Assistant Team Commanders, team leaders and team members pursuant to this Agreement. 9.5. Deployment. 9.5.1. Requests for Assistance. Whenever a party, in its sole discretion, determines that conditions within its jurisdiction cannot be adequately addressed by that jurisdiction’s personnel and resources because of a critical incident or need for high risk entry, the party may request, in accordance with policies and procedures of the Board, that the South Metro SWAT deploy a South Metro SWAT team to assist the party’s jurisdiction. Upon a request for assistance, a South Metro SWAT team may be dispatched to the requesting party, in accordance with policies and procedures of the Board. A party may decline to make its personnel VIII-08 6 South Metro SWAT 2024 Joint Powers Agreement available in response to any such request. Failure to provide assistance in response to a request made pursuant to this Agreement will not result in any liability to a party or South Metro SWAT. The Team Commander or Assistant Team Commander shall notify the Board members representing the employing agencies’ team members who are deployed anytime that assistance is provided pursuant to this Agreement. The Team Commander will report to the Board quarterly regarding any assistance provided to a party pursuant to this Agreement. The Team Commander or an Assistant Team Commander may at any time and in his/her sole judgment recall the team. The decision to recall a team provided pursuant to this Agreement will not result in liability to the South Metro SWAT, any party, or to the Team Commander or Assistant Team Commander who recalled the team. 9.5.2. Direction and Control. A party may at any time recall its personnel or equipment if it is considered to be in the best interests of the party to do so. South Metro SWAT team members will be under the tactical control of the Team Commander or other person in command of the scene, until a party withdraws its personnel or equipment. 9.5.3. Compensation. When the South Metro SWAT provides services to a requesting party, the personnel of the South Metro SWAT shall be compensated by their respective employers just as if they were performing the duties within and for the jurisdiction of their employer. No charges will be levied by the South Metro SWAT or by the parties for specialized response operations provided to a requesting party pursuant to this Agreement unless that assistance continues for a period exceeding 24 continuous hours. If assistance provided pursuant to this agreement continues for more than 24 continuous hours, and the assistance is not provided in connection with a police call for services, any party whose officers provided assistance for South Metro SWAT may, at the direction of the board, submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies, to the South Metro SWAT and the South Metro SWAT shall submit the invoices to the requesting party. The requesting party shall reimburse the South Metro SWAT for that amount, and the South Metro SWAT shall forward the reimbursement to the responding party. 9.5.4. Workers’ Compensation. Each party to this Agreement shall be responsible for injuries to or death of its own employees in connection with services provided pursuant to this Agreement. Each party shall maintain workers’ compensation coverage or self-insurance coverage, covering its own personnel while they are providing assistance as a member of the South Metro SWAT. Each party to this Agreement waives the right to sue any other party for any workers’ compensation benefits VIII-08 7 South Metro SWAT 2024 Joint Powers Agreement paid to its own employee or their dependents, even if the injuries were caused wholly or partially by the negligence of any other party or its officers, employees or agents. The Team Commander, Assistant Commander, and team members are not employees of the South Metro SWAT. 9.5.5. Damage to Equipment. Each party shall be responsible for damage to or loss of its own equipment occurring during deployment of the South Metro SWAT. Each party waives the right to sue any other party for any damages to or loss of its equipment, even if the damages or losses were caused wholly or partially by the negligence of any other party or its officers, employees, or agents. 9.5.6. Liability and Indemnification. The South Metro SWAT is a separate and distinct public entity to which the parties have transferred all responsibility and control for actions taken pursuant to this Agreement. The South Metro SWAT shall defend and indemnify the parties and their officers, employees, volunteers, and agents from and against all claims, damages, losses, and expenses, including reasonable attorney fees, arising from the South Metro SWAT activities or operations, including deployments of a South Metro SWAT team, decisions of the Board, and South Metro SWAT training activities. To the full extent permitted by law, this Agreement is intended to be and shall be construed as a “cooperative activity” and it is the intent of the parties that they shall be deemed a “single governmental unit” for the purposes of liability, all as set forth in Minnesota Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each party to this Agreement expressly declines responsibility for the acts or omissions of the other parties. Nothing in this Agreement shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes, Chapter 466 or a waiver of any available immunities or defenses. Under no circumstances shall a party be required to pay on behalf of itself and any other parties any amounts in excess of the limits of liability established in Minnesota Statutes Ch. 466 applicable to any third party claim. The statutory limits of liability for some or all of the parties may not be added together or stacked to increase the maximum amount of liability for any third party claim. Any excess or uninsured liability shall be borne equally by all the parties, but this does not include the liability of any individual officer, employee, VIII-08 8 South Metro SWAT 2024 Joint Powers Agreement or agent which arises from his or her own malfeasance, willful neglect of duty, or bad faith. Nothing herein shall be construed to provide insurance coverage or indemnification to an officer, employee or volunteer of any member for any act or omission for which the officer, employee or volunteer is guilty of malfeasance in office, willful neglect of duty, or bad faith. 9.6. Aid to Non-Parties. 9.6.1. Upon a request for assistance from a governmental unit that is not a party to this Agreement, a South Metro SWAT team may be dispatched to such governmental unit, in accordance with policies and procedures of the Board, for a period of time not to exceed 24 hours, provided that the police chief or Sheriff, as appropriate, has consented to such deployment of his or her respective employees. Failure to provide assistance in response to any such request shall not result in any liability to a party or South Metro SWAT. The Team Commander or Assistant Team Commander shall notify the chair of the Board any time such assistance is provided. The Team Commander or Assistant Team Commander may at any time and in his/her sole judgment recall the team. The decision to recall a team hereunder shall not result in any South Metro SWAT liability. 9.6.2. Any party whose officers provided assistance pursuant to this paragraph may, at the direction of the board, submit itemized bills for the actual cost of any assistance provided, including salaries, overtime, materials and supplies to the South Metro SWAT and the South Metro SWAT shall submit the invoices to the requesting entity. The South Metro SWAT shall forward any payments it receives in connection with such invoices to the invoicing party. 10. Term. The term of this Agreement shall be effective only when all the parties have signed this Agreement. The chair of the Board shall notify the parties in writing of the effective date of this Agreement. This Agreement shall continue in effect until terminated in accordance with paragraph 11.2 or December 31, 2028, whichever first occurs. 11. Withdrawal and Termination. 11.1. Withdrawal. Any party may withdraw from this Agreement upon 90 days’ written notice to the other parties. Withdrawal by any party shall not terminate this Agreement with respect to any parties who have not withdrawn. Withdrawal shall not discharge any liability incurred by any party prior to withdrawal. Such liability shall continue until discharged by law or agreement. VIII-08 9 South Metro SWAT 2024 Joint Powers Agreement A withdrawing party shall have no claim to any property or assets owned or held by South Metro SWAT. 11.2. Termination. This Agreement shall terminate upon the occurrence of any one of the following events: (a) when necessitated by operation of law or as a result of a decision by a court of competent jurisdiction; or (b) when a majority of remaining parties agrees to terminate the Agreement upon a date certain. 11.3. Effect of Termination. Termination shall not discharge any liability incurred by the South Metro SWAT or by the parties during the term of this agreement. Upon termination and after payment of all outstanding obligations, property or surplus money held by the South Metro SWAT shall then be distributed to the parties in proportion to their contributions. 12. Notice. Notice of withdrawal shall be provided by first class mail to the following: Apple Valley Chief of Police 7100 147th Street West Apple Valley, MN 55124 Farmington Chief of Police 19500 Municipal Drive Farmington, MN 55024 Hastings Chief of Police 150 3rd Street East Hastings, MN 55033 Inver Grove Heights Chief of Police 8150 Barbara Avenue Inver Grove Heights, MN 55077 Lakeville Chief of Police 9237 183rd Street West Lakeville, MN 55044 Faribault Chief of Police 25 4th St NW Faribault, MN 55021 Northfield Chief of Police 1615 Riverview Dr Northfield, MN 55057 Mendota Heights Chief of Police VIII-08 10 South Metro SWAT 2024 Joint Powers Agreement 1101 Victoria Curve Mendota Heights, MN 55118 Rosemount Chief of Police 2875 145th Street West Rosemount, MN 55068 South St. Paul Chief of Police 125 3rd Avenue North South St. Paul, MN 55075 West St. Paul Chief of Police 1616 Humbolt Avenue West St. Paul, MN 55118 Dakota County Sheriff Law Enforcement Center 1580 Highway 55 Hastings, MN 55033 Rice County Sheriff 118 3rd St NW Faribault, MN 55021 13. Miscellaneous. 13.1. Amendments. This agreement may be amended only in writing and upon the consent of each of the parties’ governing body. 13.2. Records, accounts and reports. The books and records of the South Metro SWAT shall be subject to the provisions of Minn. Stat. Ch. 13. 13.3. Counterparts. This agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Counterparts shall be filed with the chair of the Board. 13.4. Additional Parties. Any other municipality within Dakota County or any municipality or County adjacent to Dakota County may become a party to this Agreement upon approval of the Board, adoption of a resolution by the entity’s governing body, execution of this Agreement, and filing of the same with the chair of the Board. VIII-08 11 South Metro SWAT 2024 Joint Powers Agreement IN WITNESS WHEREOF, the parties have executed this Agreement on the dates indicated below. Approved by Dakota County Board COUNTY OF DAKOTA Resolution No.: 23- By: Dated: Approved as to form: Assistant County Attorney/ Date Name: Title: Date of Signature: KS18-357 2024 JPA for SOUTH METRO SWAT VIII-08 12 South Metro SWAT 2024 Joint Powers Agreement CITY OF APPLE VALLEY By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 13 South Metro SWAT 2024 Joint Powers Agreement CITY OF FARMINGTON By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 14 South Metro SWAT 2024 Joint Powers Agreement CITY OF HASTINGS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 15 South Metro SWAT 2024 Joint Powers Agreement CITY OF INVER GROVE HEIGHTS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 16 South Metro SWAT 2024 Joint Powers Agreement CITY OF LAKEVILLE By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 17 South Metro SWAT 2024 Joint Powers Agreement CITY OF MENDOTA HEIGHTS By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 18 South Metro SWAT 2024 Joint Powers Agreement CITY OF ROSEMOUNT By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 19 South Metro SWAT 2024 Joint Powers Agreement CITY OF SOUTH ST. PAUL By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 20 South Metro SWAT 2024 Joint Powers Agreement CITY OF WEST ST. PAUL By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 21 Dakota County SOUTH METRO SWAT 2024 Joint Powers Agreement CITY OF NORTHFIELD By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 22 Dakota County SOUTH METRO SWAT 2024 Joint Powers Agreement CITY OF FARIBAULT By: Name: Title: Date of Signature: Attest: By: Name: Title: City Clerk Date: VIII-08 23 Dakota County SOUTH METRO SWAT 2024 Joint Powers Agreement COUNTY OF RICE By: Name: Title: Date of Signature: Attest: By: Name: Title: Rice County Sheriff Date: VIII-08 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 6, 2023 Item: Approve Updated Snow Plowing and Ice Control Policy Council Action Requested: The Council is requested to approve the attached Snow Plowing and Ice Control Policy. Background Information: The City’s snow removal policy was last updated in 2011. Public Works reviewed and updated the policy to be current. The existing document was based on the League of Minnesota Cities model policy. No significant changes are proposed to current practices, policies, and operations. The Snow Removal Operations Plan was updated to reflect the current snow removal equipment and their impact on operations. The Operations Committee was provided the updated policy and did not have any comments or concerns on the minor changes to make the policy current. Financial Impact: Neutral budgetary impact Attachments:  Snow Plowing and Ice Control Policy VIII-09 Snow Plowing and Ice Control Policy 2023 1. Purpose of the Policy The City of Hastings Public Works Department assumes basic responsibility for snow and ice control on city-owned streets. The City of Hastings does not maintain or do snow removal on State or County Roads. (Hwy’s 61, 316, 55, 47, 42/2nd St. West of Eddy). The City also does not maintain or do snow removal on private roads. Public Works will use City employees, equipment, and materials to provide this service. At times, and with the approval of senior staff, services may be contracted out on an as-need basis. The City will attempt to provide such services while keeping safety, budget, personnel, and environmental concerns in mind. This policy does not relieve operators of private vehicles, pedestrians, property owners, residents, and all others using public streets, of their responsibility to act in a prudent manner, given the conditions. 2. Policy and Procedures A. When the City will begin Snow or Ice Control The Public Works Superintendent or designee will decide when to begin snow or ice control. There are many contributing factors that may warrant snow/ice control to begin, including but not limited to:  Snow accumulation or drifting.  Icy conditions which seriously affect travel. VIII-09  Time of snow in relation to heavy use of streets In an event where there is freezing rain, ice, or trace amounts of snow, Public Works staff will make the determination if salting/plowing is needed, and the amount of personnel and equipment. B. How Snow will be Plowed Snow will be plowed in a manner that minimizes traffic obstructions. The center of the road will be plowed first, with the snow being pushed left to right until full width, or as close to full width as conditions allow. The exceptions to this are:  Downtown Area- Driving lanes are cleared and snow is windrowed to the center, and hauled out at a later time.  One-Way Streets and Center Islands- Snow may be pushed in either direction.  Snow in cul-de-sacs will normally be plowed to boulevards (yards), except where a center island exists. When a cul-de-sac contains a center island, snow will be plowed towards both the center island and boulevard areas. In times of extreme snowfall, streets will not always be completely cleared of snow. Public Works is not responsible for mailbox access. C. Snow Removal The Downtown area center windrows will be removed the next normal work day following snow removal operations. Public Works Staff will determine if and when snow will be removed VIII-09 from all other areas. Such snow removal will occur in areas where accumulated snow creates a hazardous condition. Snow removal operations will not commence until all other snowplowing operations have been completed. Snow removal operations may be delayed depending on weather conditions, personnel, and budget availability. The snow will be removed and hauled to one of the City’s designated snow storage areas. D. Priorities and Schedule of Streets to be Plowed Priority streets within our six plow routes are designated “Primaries”. Streets with this designation have been selected based on street function, traffic counts, and importance to the welfare of the community. The second priority streets are the remaining lower volume streets (neighborhoods). The third priority streets are cul-de-sacs and alleys. During snow events plowing of all other streets may be stopped, with personnel and equipment being shifted to priority routes. E. Work Schedule for Snowplow Operators Snowplow operators will be expected to work eight to twelve- hour shifts. No operator will be required to work a continuous shift greater than twelve hours, which shall include breaks. During a normal event ten PW Operators, and ten pieces of equipment are used. (6 Trucks, 3 Tractor/loader, 1- One Ton) VIII-09 An additional operator is required to complete utility checks at the Hydro plant, wells, and lift stations, along with any utility emergencies. In the absence of one or more operators, Public Works will utilize any remaining operators, Engineering Technicians with appropriate training, and Parks operators (in that order) to fill vacancies. F. Traffic Regulations The City recognizes that municipal snowplow drivers are exempt from traffic regulations set forth in Minnesota Statues, Chapter 169 while actively engaged in work on streets, except for regulations related to driving while impaired and safety of school children. https://www.revisor.mn.gov/statutes/cite/169 G. Weather Conditions Snow and ice control operations will be conducted only when weather conditions do not endanger the safety of the snowplow operator and equipment. Factors that may delay operations include: severe cold, significant winds, and limited visibility. H. Materials Used The City uses two varieties of treated salt when there are hazardous ice or slippery conditions. Due to environmental concerns the City limits the use of such chemicals, and does not use sand for road treatment. VIII-09 I. Sidewalks With the exception of the Downtown area, the City will conduct snow removal on sidewalks abutting City property and those sidewalks immediately adjacent to the curbs. All other maintenance of sidewalks is the responsibility of abutting property owner. The City Parks Department will remove snow from sidewalks abutting City property within 48 hours after the snowfall has stopped. Public works crews will remove snow from sidewalks immediately adjacent to curbs, only after all street plowing and post storm street cleanup is completed, and the windrowed snow in the Downtown area is removed. J. Mailboxes Mailboxes may be impacted by snow removal operations. The City’s goal of “curb to curb” is not always attainable given conditions. This can impact the US Postal Services access, and may impede their ability to deliver mail. The City will not be responsible for mailbox accessibility issues. Only mailboxes directly hit by a plow blade will be the responsibility of City to repair. The City will not be responsible for damage to mailboxes or support posts caused by snow or ice (wake from plow) coming into contact with the mailbox. The City will conduct a review of each mailbox incident to determine where the responsibility lies. If it is determined the City is responsible for repairs, the City at its discretion, offers two options: VIII-09 1. At the owner’s request, replace the mailbox with a standard size, non-decorative metal mailbox and replace post with a 4x4 decay resistant wood post, if necessary. Mailbox to be installed per USPS requirements. 2. Provide the mailbox owner reimbursement of $75 to do repairs on their own. K. Repair of Boulevard Turf Damage During snow removal operations, the City or its contractors may cause damage to turf adjacent to streets and/or sidewalks. When Public Works notices or is notified of such damage, the location is noted and inspected once conditions allow. If repairs are deemed necessary, Public Works will seed and topsoil spots in the spring. L. Irrigation, Lighting, Trees, Fences, Etc. The City assumes no responsibility for damage to irrigation systems, private lighting, trees, shrubs, specialty grasses, rocks, landscaping or structural improvements around mailboxes and fences, or similar landscaping installed in City right-of-way or easements. M. Trash Containers The City assumes no responsibility for damage to trash containers. Trash containers must remain behind curb to achieve full width plowing. VIII-09 N. Accidents In the event snow removal equipment is involved in an accident with a pedestrian, moving or parked vehicle, or structure, the operator must immediately notify the Police Department and then their direct Supervisor. Based on provisions in the Employee Handbook, Chapter 11 Drug-Free Workplace, the employee involved in the accident may be subject to drug and alcohol testing as soon as possible after the accident has occurred. Specific details of the incident will need to be documented for insurance purposes, including photos of the scene and damage to equipment or property. Documentation must be provided as soon as is safe to provide and in accordance with established procedures. VIII-09 Appendix A Snow Removal Operations Plan Snow Event-Day #1 Streets Equipment Used:  4- Single axle dump trucks with plows and spreaders  2- Tandem axle dump trucks with plows and spreaders  1- One-ton truck with plow and sander The six dump trucks have assigned routes (see map) in which priority streets get plowed first. (denoted in red on map) Once the operator has completed the priority streets, they will then start on remaining streets. At any time, Public works may pull off of secondary streets and shift resources to priority ones. When a route is completed, the operator will call others to check on the status of their routes. If needed, they will provide help finishing the VIII-09 other routes. Plow operators should not return to the shop until all routes are completed. Downtown Area On an average snow event, the following equipment is assigned to the Downtown area:  1-Front end loader with plow  2- Bi-Directional tractors with plow  1-One-Ton Truck with plow and spreader Downtown snow clearing operations will generally begin the morning following an event. City staff and equipment will clear downtown streets, and public owned parking lots with the exception of the parking ramp across from The Confluence. Given the lack of boulevards in the Downtown area, windrowing of snow in the center of the street is necessary in much of the area. In areas that windrowing is not possible, snow may be stockpiled. Upon completion of the Downtown area, the tractors and loader will begin their respective cul-de-sac routes. The one-ton will complete the remaining alleys if needed. Cul-de-sacs Equipment Used:  1-Front end loader with plow  2-Bi-directional tractors Public works performs snow removal on the City’s 100 plus cul-de-sacs. Note: Not all cul-de-sacs are owned/maintained by the City. Typically, a VIII-09 dump truck may do a pass or turn around in the cul-de-sac, but actual plowing of the cul-de-sac will be performed with one of the pieces equipment listed above. Due to low traffic volumes, cul-de-sacs are typically the last to be plowed. Dead end, no outlet, or areas with an island will be treated as a cul-de-sac. Snow Event-Day #2 Downtown Area Typically, the first normal working day following a snow event, the tractors or loader will go Downtown to clean up any snow from the sidewalks, and shape windrows for snow blowing. Once the initial cleanup is complete, staff or contractors will remove windrows of snow from center of street. The snow will then be hauled to one of the City’s designated dump areas. Once complete, trucks may go back into routes to check for ice, and snow left from plowing around parked cars. General Snow Removal Operations Equipment Used On a normal snow event the City of Hastings utilizes the following equipment:  4- Single axle dump trucks with plows and spreaders  2- Tandem axle dump trucks with plows and spreaders  2- Bi-directional tractors  1-Front end loader with plow  1- One-ton truck with plow and spreader Weather Review & Scheduling VIII-09 The Public Works Superintendent, Supervisor, or their designee will monitor weather forecasts and storm predictions, and mobilize Public Works snow and ice control as necessary. Timing and extent of mobilization will take into consideration the temperature, duration of storm, predicted accumulation, and available personnel/equipment, to better utilize the City’s resources. Parking Restrictions and Snow Emergency Notification When two or more inches of snow has fallen at or measured by the Hastings Police Department, parking restrictions automatically go into effect. (City Ordinance 71.07). The Hastings Police Department will inform Public Works when a snow emergency goes into effect. No other notifications will be sent out. When a snow emergency is in effect, parking is prohibited on all City streets, until the streets are plowed to their full width. Equipment Inspection and Calibration All snow removal equipment must undergo a complete and thorough inspection each year. These inspections should be completed by October 15th of each year, or prior to the start of the next snow season. At a minimum, these inspections should include:  All trucks must have current DOT inspection.  Prior to leaving the shop, the driver will complete a daily DOT inspection checkoff, and make needed repairs.  Check plows for cutting edge wear  Check for breaks/ cracks in plow frame  Check for hydraulic leaks VIII-09  Check plow for proper operation  Check spreader for hydraulic leaks  Check electrical connections  Confirm proper operation of overall unit In the fall of each year, every sander should be calibrated. Once the calibration rate is set, the controls are to remain in that position, unless material being applied changes. Loading Procedures If operators know they will be starting ice/snow removal early the next day, the trucks should be loaded with salt the night before. Operators should ensure the loaded truck is within state or federal weight regulations. An operator must be trained and qualified to operate the City’s front-end loaders, before they are allowed to load City trucks. VIII-09 VIII-09 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 6, 2023 Item: Approve Assessment Abatement for 2023 Neighborhood Infrastructure Improvements Council Action Requested: Council is requested to approve abatement of assessments to properties within the 2023 Neighborhood Infrastructure Improvements project areas. Background Information: The assessment abatement program provides federal funding through the Dakota County Community Development Agency to the City for assistance with financing assessments to owner-occupied low and moderate income households. The 2023 reconstruction program included 18th Court, Ridgewood Court, Old Bridge Lane, Southview Drive, Southview Place, and Pleasant Drive. The project impacted 74 properties, the vast majority of which are single-family owner-occupied residential dwellings. During this year’s process, five (5) applications for assessment abatement were filed with the Dakota County Community Development Agency (CDA). This represents about 7% of owner-occupied households within the project area. The agency has completed review, and determined that three (3) properties qualified for assistance, with two (2) households qualifying as low-income households, and one (1) as a moderate-income household. These properties were assessed a total of $10,575.00. Of the two applications not awarded, one applicant failed to respond to several contact attempts from the county and another was found to be over the maximum income threshold. Financial Impact: The combined total of assessments against qualifying households is $10,575.00. The total Community Development Block Grant (CDBG) budget set aside for assessment abatement for the 2023 project was $59,977.55. Federal requirements call for 100% abatement of low-income households, and the City can choose to fund anywhere from 0% to 100% abatement for the qualifying moderate-income households. Staff Recommendation: The budget for the 2023 program is enough to provide the required full abatement to qualifying low-income households, and full abatement for qualifying moderate-income households. It is staff’s recommendation to maximize available CDBG Assessment Abatement funds and provide abatement in full to both the low-income and moderate-income households. Attachments: A listing of the properties eligible for assessment abatement and the amounts recommended to be abated is attached for City Council approval. VIII-10 2023 Improvement Program Assessment Abatement Qualifying Households Low Income Households (100% Abatement Required) Project PID Assessment Amount Abatement Amount 2023 Neighborhood Infrastructure Improvements 193285005030 $6,750.00 $6,750.00 197700004070 $1,912.50 $1,912.50 Total Qualifying Low-Income Abatement $8,662.50 Moderate Income Households (100% Abatement Recommended) Project PID Assessment Amount Abatement Amount 2023 Neighborhood Infrastructure Improvements 197700007070 $1,912.50 $1,912.50 Total Qualifying Moderate-Income Abatement $1,912.50 GRAND TOTAL ABATEMENT $10,575.00 VIII-10 City Council Memorandum To: Mayor Fasbender & City Council Members From: Ryan Stempski – Public Works Director/City Engineer Date: November 6, 2023 Item: Resolution Supporting and Authorizing Application to MnDOT for Local Road Improvement Program (LRIP) for Eligible TH 61 Corridor Improvements COUNCIL ACTION REQUESTED Council is requested to approve a resolution of support and authorize application to the MnDOT LRIP. The improvements identified in the LRIP application include local streets, trails, and storm sewer adjacent to TH 61 and outside of the trunk highway right of way. Specifically, the improvements include 18th Street and the backage road system from 21st Street to 25th Street. BACKGROUND INFORMATION TH 61 needs repair and through a public engagement process, additional improvements were identified to address safety, mobility , vehicle speeds, traffic flow, community enhancements and bicycle/pedestrian safety. The specific areas for this request of LRIP funding include 18th Street for a new street alignment and trail network that removes driveway access for trucking of heavy industry at this intersection that produces the highest trip generation of trucks along the corridor. Also included in this request is the backage road system from 21st Street to 25th Street to remove/reduce access of local roads and driveways by providing a local road system to accommodate industry and commercial access. This grant can only be used on local roadways and must be outside of trunk highway right of way. For constructability purposes, the schedule would be to complete the improvements to the local road system that are off the direct trunk highway one year in advance (2026) of the major TH 61 Improvements (2027). FINANCIAL IMPACTS The estimated total project costs for the 18th Street, trail and ped bridge across Vermillion River, and 21st Street to 25th Street backage road system is $3,900,000. The City has already applied for TED funds of which there is a maximum award of 70% of the total project cost. Therefore, the remaining $1,170,000 would be the responsibility of the City to fund. When applying for the TED funds, our plan to fund the cost share was to submit for these Local Road Improvement Funds (LRIP). The qualifying amount of this project for LRIP funds is $1,345,500, which would cover the match. VIII-11 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION SUPPORTING THE LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) APPLICATION FOR THE TH 61 PROJECT WHEREAS, the City of Hastings has local roads impacted by the Trunk Highway 61 Project including 18th Street, and the 21st Street to 25th Street backage road system and requests funding from the Local Road Improvement Program (LRIP) of the Minnesota Department of Transportation, and WHEREAS, the City of Hastings acknowledges that LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above the LRIP award will need to have alternate funding sources, and WHEREAS, MnDOT recently concluded the TH 61 Study and identified that safety and traffic flow are major concerns by 2040 if these improvements are not made, and WHEREAS, by improving 18th Street and installing the backage road system from 21st street to 25th Street access along the TH 61 corridor, several driveway and local road access can be consolidated into safe, single access locations thereby reducing conflict points and improving safety and mobility, and WHEREAS, the estimated construction costs that qualify for LRIP funds is $1,345,500, which will be spent in 2026. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. The City of Hastings supports the project, and agrees to maintain such improvements. 2. The City of Hastings supports submittal of the LRIP application. 3. The City of Hastings provides assurance that the city will pay all costs associated with the project beyond the LRIP grant award. 4. That the sources and uses, private investors, equity, and other financing commitment represented in the attached document are accurate. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6th DAY OF NOVEMBER, 2023. Ayes: Nays: Mary D. Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL VIII-11 NEW TRAFFIC SIGNALEXISTING TRAFFIC SIGNAL CLOSE ACCESS POINTS FOR HIGHWAY SAFETY NEW BIKE/PED BRIDGE IS SEPARATE FROM HIGHWAY AND IT CLOSES A GAP IN THE TRAIL NETWORKNEW BACKAGE ROAD FOR SAFER BUSINESS ACCESS REDEVELOPMENT OPPORTUNITY C O U N T Y R O A D 4 7 2 3 R D S T R E E T 2 1 S T S T R E E T 1 8 T H S T R E E T Hastings Highway 61 Improvements REDEVELOPMENT OPPORTUNITY CEMSTONE ARDENT MILLS VERMILLION FALLS PARK CLOSE ACCESS POINTS FOR HIGHWAY SAFETY VIII-11 City Council Memorandum To: Mayor Fasbender & City Council Members From: John Caven Date: November 6, 2023 Item: Resolution Supporting and Authorizing Application to MnDOT for Local Road Improvement Program (LRIP) for Mill and Overlay of 36th Street West. Council Action Requested: Council is requested to approve resolution of support and authorize application to the MnDOT LRIP. The improvements identified in the LRIP application include a mill and overlay of 36th Street West from Trunk Highway 61 to the west end near Village Way. Background Information: LRIP Grant applications are being received by MnDOT through December 8, 2023. MnDOT will award projects on March 29, 2024. LRIP solicitation guide states that projects should be ready for construction in 2024, 2025, or 2026 with final payment no later than June 30, 2027. Applications will be reviewed by MnDOT and selected competitively on the following criteria: 1) The number of people that will benefit by the project 2) Operational and safety improvements of the transportation system 3) Project readiness 4) Routes of regional significance (Farm to market artery, 10 ton road, provides congestion relief) 5) Be non-controversial 6) Extend a roadways life a minimum of 10 years Reconditioning projects such as a mill and overlay are eligible for the grant. However, LRIP funds may not be used for public utilities, trails, sidewalks, or ADA improvements. 36th Street West from TH 61 to west end is a one mile long minor collector with an average daily traffic load of 2,100 vehicles. The corridor was constructed in the early 2000s and is now subject to pavement distresses that will require a mill and overlay within the next 2-5 years. The corridor is a 10 ton road, serves as a northerly access route to farm fields directly to the south, and provides a vital connection between CSAH 46 and TH 61. This non-controversial project will extend a pavement's life 15-20 years and is best served to have a mill and overlay completed in 2025. Financial Impact: The estimated construction costs for the project is $715,000. The qualifying amount of LRIP funds for this project is $450,000. Local funds would account for the remaining $265,000. The local funds would be paid from the mill and overlay program budget. VIII-12 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA Resolution No. _____ RESOLUTION SUPPORTING THE LOCAL ROAD IMPROVEMENT PROGRAM (LRIP) APPLICATION FOR THE MILL AND OVERLAY OF 36TH STREET WEST WHEREAS, the City of Hastings has a farm to market, project ready, minor collector corridor of regional significance requesting funding from the Local Road Improvement Program (LRIP) of the Minnesota Department of Transportation, and WHEREAS, the City of Hastings acknowledges that LRIP funds can be used on reasonable elements associated with roadway construction and that other costs, including but not limited to: consultant engineering and inspection, utility construction, as well as construction costs above the LRIP award will need to have alternate funding sources, and WHEREAS, 36th Street West was last constructed in the early 2000s and is ready for a mill and overlay to improve ride quality and eliminate labor and materials necessary to provide pothole repair, and WHEREAS, the estimated construction costs that quality for LRIP funds is $450,000 with local funds accounting for the remaining $265,000, which will be spent in 2025. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; 1. The City of Hastings supports the project, and agrees to maintain such improvements. 2. The City of Hastings supports submittal of the LRIP application 3. The City of Hastings provides insurance that the city will pay all costs associated with the project beyond the LRIP grand award ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6TH DAY OF NOVEMBER, 2023. Ayes: Nays: ATTEST: Mary Fasbender, Mayor Kelly Murtaugh, City Clerk (Seal) VIII-12 Local Road Improvement Plan (LRIP) Grantµ36th St: West End to Hwy 61 (1.08mi) C e n t u r y D r V i l l l a g e T r R i v e r w o o d D r Hw y 6 1 H w y 3 1 6Hwy 6 1CSAH 46 C S A H 4 6 Ce n t u r y D r 3 1 s t S t Sta 1+00 Sta 58+00 VIII-12 City Council Memorandum To: Mayor Fasbender & City Council Members From: John Townsend, Fire Chief Date: November 1, 2023 Item: Declare Surplus Property and Authorize for Public Sale. Council Action Requested: Declare surplus property and authorize for public sale of Ladder truck. 2013 Rosenbauer T-Rex, 2013 VIN#54F3DF613DWM10446 Background Information: The Ladder truck is a 2013 Rosenbauer T-Rex, VIN#54F3DF613DWM10446. This truck is at an age where it still has some value on the resale market. The replacement for this vehicle has a projected delivery date of late 2026. The current ladder has been increasing steadily with maintenance costs and costs to operate. Placing this vehicle on the market and selling now allows for reaching its highest potential value. The sale of this vehicle will leave the community without a first out ladder truck. This will be provided to the community by our mutual aid partners. Financial Impact: Decreased maintenance and fuel costs Advisory Commission Discussion: N/A Council Committee Discussion: N/A Council Workshop: N/A Attachments: N/A VIII-13 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 6, 2023 Item: 2023 Budget Amendment: City Hall Sprinkler Double Check Valve Council Action Requested: Approve amendment to the 2023 Budget: $9,575 for City Hall sprinkler system double check valve. Background Information: Facilities Manager Charlie Judge continues to find preventive/deferred building maintenance that needs to be addressed. With routine 5-year sprinkler inspections conducted in October, a deficiency was found in a double check valve, requiring replacement. The double check is essentially a valve that has two doors, as a double fail safe if one door fails the other one holds. One door is failed now. This was identified in the sprinkler inspection five years ago, but was not repaired. If the other door fails on the double check, the water from the fire sprinkler system will enter our main cold water system for City Hall, used for bathrooms, sinks, and drinking fountains. The quote from Viking Automatic Sprinkler is $9,575. This includes draining down the sprinkler system and shutting off water to the building during repair, replacement of the double check valve, and removing pre-action system no longer needed for the former server room. Financial Impact: $9,575 Committee Discussion: Not applicable Attachment: Not applicable VIII-14 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION 11 - - 23 RESOLUTION DECLARING INSURANCE LIABILITY FOR THE CITY OF HASTINGS WHEREAS, the City of Hastings obtains liability insurance coverage from the League of Minnesota Cities; and WHEREAS, the League requires the City Council to establish the level of liability insurance coverage by resolution for the City, and; WHEREAS, the City, since 2010, has opted to not waive the monetary limits on municipal tort liability established by Minnesota Statues 466.04, and; NOW, THEREFORE BE IT RESOLVED, that the Hastings City Council does hereby declare to not waive the monetary limits on municipal tort liability and to not purchase excess liability insurance. Adopted this 6th day of November 2023. Mary D. Fasbender, Mayor Attest: Kelly Murtaugh, City Clerk VIII-15 VIII-15 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 6, 2023 Item: Personnel Policy Updates and Additions Council Action Requested: Review and approve new and updated personnel policies to be added to the Employee Handbook. Individual policy changes may be considered separately. Background Information: Following the 2023 legislative session, several statutes were updated or initiated that directly impact existing personnel policies. Drug-Free Workplace and Drug, Alcohol, and Cannabis Testing Policy: Changes are reflective of the legalization of adult-use cannabis. Employees cannot use, possess, or be impaired by marijuana at work/on premises. Clarifies testing for marijuana will continue for applicants/employees in safety sensitive positions and those who possess a Commercial Drivers License. Earned Safe and Sick Leave/Sick Leave Policy: Created separate policy for employees not covered by current sick leave policy. Expanded components of existing sick leave policy as required by statute. Lactation Breaks: Statute strengthened the requirements of employers to provide time and space for lactation breaks. Pregnancy Accommodations: Statute expands the statutory list of reasonable accommodations and now applies to all employers with 21 or more employees. Time off for Voting: Statute expanded time off for voting to include the early voting period prior to election day. Financial Impact: To be determined. Advisory Commission Discussion: N/A Council Committee Discussion: The Administration Committee (Leifeld*, Haus, Pemble) met on September 13, 2023. Attachments: N/A VIII-16 Drug-Free Workplace and Drug, Alcohol, and Cannabis Testing Policy Drug FreeDrug-Free Workplace/Drug and Alcohol Testing Policy The City of Hastings is a drug freedrug-free workplace and has adopted pre-employment and reasonable suspicion testing in compliance with State and Federal Statutes and to provide a safe workplace for all... The City of Hastings recognizes that safety problems are created when employees use or abuse illegal drugs and/or alcohol. The City is concerned about providing a safe workplace for its employees with the goal of attaining and maintaining a drug and alcohol-free workplace. The City of Hastings expects all employees to assist in maintaining a work environment free from the effects of alcohol, drugs, cannabinoids, or other intoxicating substances. Alcohol, drug, and cannabis abuse can cause unsatisfactory job performance, increased tardiness and absenteeism, increased accidents and workers’ compensation claims, higher insurance rates, and an increase in theft of city property. Compliance with this substance abuse policy is a condition of employment. The City of Hastings prohibits employees from the possession, use, impairment by, sale, dispensation, distribution, purchase, or unlawful manufacture of un-prescribed drugs and intoxicants on the City of Hastings’ premises and from working under the influence of alcohol, illegal drugscontrolled substances, cannabinoids, or intoxicants during working hours. Any violator of this substance abuse policy will be subject to appropriate corrective action, up to and including termination of employment. When work is impaired, admission to or use of a treatment or other program does not preclude appropriate action by the City of Hastings. The City also recognizes the concerns of employees if they are part of drug testing in the workplace. In order toTo guard against inaccurate test results, the testing policies and procedures will conform to the requirements of state law as set forth in Minnesota Statutes Chapter 181 and the Federal Drug-Free Workplace Act of 1988. Employees are required to adhere to the responsibilities and requirements outlined in this section. Failure to submit to testing is grounds for dismissal. A. Definitions Alcohol means the intoxicating agent in beverage alcohol or any low molecular weight alcohols, such as ethyl, methyl, or isopropyl alcohol. The term includes but is not limited to beer, wine, spirits, and medications such as cough syrup that contain alcohol. Cannabinoid Products means products, including those that can be consumed or ingested, usually in the form of a food or beverage, containing a cannabinoid ingredient, particularly tetrahydrocannabinols (THC). Cannabis means cannabis and its metabolites, including cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumer products. Cannabis testing means the analysis of a body component sample according to the standards established under one of the programs listed in Minn. Stat. § 181.953, subd. 1, for the purpose of measuring their presence or absence of cannabis in the sample tested. VIII-16 Confirmatory Test and Confirmatory Retest mean a drug or alcohol test that uses a method of analysis allowed under the program listed in Minnesota Statute § 181.953 sSubd. 1. Drug means aincludes any “controlled substance” as defined in Minnesota Statute §152.01, sSubd. 4., and also includes all cannabinoids, including those that are lawfully available for public consumption that do not otherwise qualify as being a “controlled substance” as defined in Minnesota Statute §152.01, subd. 4. Cannabis and its metabolites are considered a “drug” for safety sensitive positions. Drug and Alcohol Testing and “Drug or Alcohol Test” mean analysis of a body component sample according to the standards established under one of the programs listed in Minnesota Statute § 181.953, Subdsubd. 1 for the purpose of measuring the presence or absence of drugs, alcohol, or their metabolites in the sample tested. Drug Paraphernalia has the meaning set forth in Minnesota Statute § 152.01, Subdsubd. 18. Employee means a person employed by the City. This definition includes all employees defined in the City Employee Handbook. Employer means the City of Hastings. Initial Screening Test means a drug or alcohol test which uses a method of analysis under one of the programs listed in Minnesota Statute § 181.953, sSubd. 1 or alcohol in a sample. Job Applicant means a person, who applies to become an employee of the City of Hastings, and includes a person who has received a job offer made contingent on the person passing drug and alcohol testing(s). Positive Test Result means a finding of the presence of drugs, alcohol, or their metabolites in the sample tested in the levels contained in the standards of one of the programs listed in Minnesota Statute § 181.953, Subdsubd. 1. Reasonable Suspicion means a basis for forming a belief based on specific facts and rational inferences drawn from those facts. Safety-Sensitive Position means a job, including any supervisory or management position, in which an impairment caused by drug or alcohol usage would threaten the health or safety of any person; an employee designated in a federal DOT regulation as subject to drug and/or alcohol testing specified under 49 CFR part 40; and all sworn and non-sworn personnel, excluding clerical employees, in the Hastings Police Department, and the Fire Department, are safety-sensitive positions. Tetrahydrocannabinols (THC) are the psychoactive ingredient occurring in the Cannabis sativa plant, whether derived naturally or synthetically. Under the Influence means having the presence of a drug or alcohol at or above the level of a positive test result. B. Employees subject to Drug or Alcohol Testing VIII-16 No person will be tested for drugs or alcohol under this policy without the person’s consent. The City will request or require an individual to undergo drug or alcohol testing only under the circumstances described in this policy. 1. Job Applicants—job applicants may be requested or required to undergo drug and alcohol testing after a job offer has been conditionally made and before commencing employment in the position. The City will not request or require a job applicant to undergo cannabis testing related to “lawful consumable products” pursuant to Minn. Stat. 181.938, including alcohol, cannabis, lower-potency hemp edibles, and hemp-derived consumer products, except with respect to the categories of positions defined as safety sensitive positions, peace officer, firefighter, or positions requiring a commercial driver’s license, or other positions for which state or federal law requires testing of job applicants. 2. Reasonable Suspicion Testing—The City may request or require an employee to undergo drug and alcohol testing if there is a reasonable suspicion that the employee: a. Is under the influence of drugs or alcohol while the employee is working; while the employee is on the City’s premises; or operating City vehicles, machinery, or equipment; or b. Used, possessed, soldsold, or transferred drugs, alcohol, or drug paraphernalia while the employee is working; while the employee is on City premises; operating City vehicles, machinery, or equipment; or c. Has sustained a work-related personal injury as that term is defined in Minnesota Statute § 176.011, sSubd. 16, or has caused another person to die or sustain personal injury; or d. Has caused a work-related accident or was operating or helping to operate machinery, equipment, or vehicles involved in a work-related accident resulting in total property damage exceeding $1,000; or e. Has discharged a firearm other than: i. on a target range, or ii. while conducting authorized ballisticballistics tests, or iii. as authorized by the City of Hastings Police Department General Order concerning dangerous or suffering animals; or f. Has, as determined only by the employee’s department head, or the City Administrator, engaged in an act or omission related to the performance of the job, whether committed on or off duty, that logically requires or justifies testing, revealed clear and compelling necessity by the nature of the incident. Reasonable suspicion may be based upon, but is not limited to, facts regarding appearance, behavior, speech, breath, odor, possession, proximity to or use of alcohol, drugs or cannabis or containers or paraphernalia, poor safety record, excess absenteeism, impairment of job performance, or any other circumstances that would cause a reasonable employer to believe that a violation of the city’s policies concerning alcohol, drugs or cannabis may have occurred. These observations will be reflected in writing on a Reasonable Suspicion Form. 3. Required Random Drug and Alcohol Testing for City Employees with Commercial Driver’s Licenses—City of Hastings employees who are required to possess a valid commercial driver’s license as a condition of their employment position are subject to applicable State VIII-16 or Federal random drug testing requirements as established and adopted by the City of Hastings. 4. Other Testing—The City may permit an employee who has requested a drug and alcohol test to undergo testing in accordance with the procedures established by the policy or by State or Federal Law. 5. Treatment Program Testing—The City may request or require an employee to undergo drug and alcohol testing if the employee has been referred by the City for chemical dependency treatment or evaluation or is participating in a chemical dependency treatment program, in which case the employee may be requested or required to undergo drug or alcohol testing without prior notice during the evaluation or treatment period of up to two (2) years following completion of any prescribed chemical dependency treatment program. C. Refusal to Undergo Testing 1. Job Applicants—If a job applicant refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the job applicant shall be deemed to have withdrawn the application for employment. 2. Employees—If any employee refuses to undergo drug or alcohol testing requested or required by the City, no such test shall be given, and the appointing authority shall recommend that the employee be discharged from employment on the grounds of insubordination. 3. Refusal on Religious Grounds—No employee or job applicant who refuses to undergo drug or alcohol testing of a blood sample upon religious grounds shall be deemed to have refused unless the employee or job applicant also refuses to undergo drug or alcohol testing of a urine sample. D. Procedure for Testing 1. Notification Form—Before requesting an employee or job applicant to undergo drug or alcohol testing, the City shall provide the individual with a form on which to: a. Acknowledge that the individual has seen a copy of the City of Hastings drug and alcohol testing policy, and b. Indicate consent to undergo the drug and alcohol testing. 2. Test Sample—the test sample shall be obtained in a private setting, and the procedures for taking the sample shall ensure privacy to employees and with job applicant to the extent practicable, consistent with preventing tampering with the sample, and may include a witness. No test sample shall be taken on the City’s premises and the test sample shall not be handled by City of Hastings employees. 3. Identification of Samples—Each sample shall be sealed into a suitable container free of any contamination that could affect test results. The sample shall be identified for processing by the licensed testing laboratory. 4. Chain of Custody—the City shall use a testing laboratory that has established reliable chain- of-custody procedures to ensure proper recordkeeping, handling, labeling, and identification of the samples to be tested. The procedures must require the following: a. Possession of a sample must be traceable to the employee from whom the sample is collected through the time the sample is delivered to the laboratory; b. The sample must always be in the possession of, must always be in view of, or must be placed in a secure area by a person authorized to handle the sample; c. A sample must be accompanied by a written chain-of-custody record; and d. Individuals relinquishing or accepting possession of the sample must record the time the possession of the sample was transferred and must sign and date the chain of custody record at the time of transfer. VIII-16 5. Laboratory—the CityThe city shall use the services of a testing laboratory that meets one of the following criteria: a. Drug Testing i. Is certified by the National Institute on Drug Abuse as meeting the mandatory guidelines published at 54 Federal Register 11970 to 11989, April 11, 1988; ii. Is accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, under the forensic urine drug testing laboratory program; or iii. Is licensed to test for drugs by the State of New York, Department of Health, under Public Health Law, article 5, title V, and rules adopted under that law. b. Alcohol Testing i. Licensed to test for drugs and alcohol by the state of New York, Department of Health, under Public Health Law, article 5, title V, and the rules adopted under that law; or ii. Accredited by the College of American Pathologists, 325 Waukegan Road, Northfield, Illinois, 60093-2750, in the laboratory accreditation program. 6. Retention and Storage—All samples that produced a positive test result shall be retained and properly stored for at least six (6) months. 7. Test Report—The testing laboratory shall prepare a written report indicating the drugs, alcohol, or their metabolites tested for and whether the test produced negative or positive test results. The testing laboratory shall disclose that report to the City within three (3) working days after obtaining the final test results. a. Notice of Test Results—Within three (3) working days after receipt of the test result from the testing laboratory, the City shall inform an employee or job applicant who has undergone drug or alcohol testing in writing of a negative test result on an initial screening test of a negative test result or of a positive test result on a confirmatory test. The City shall also inform an employee or job applicant to the following rights pursuant to Minnesota Statute § 181.953: i. The right to request and receive from the City a copy of the test result report. ii. The right to request within five (5) working days after notice of a positive test result a confirmatory test retest of the original sample at the employee’s or applicant’s own expense. If a confirmatory retest is conducted in accordance with Minnesota Statute § 181.953, sSubd. 1 by a licensed laboratory at the same threshold detection levels as used in the confirmatory test, and the confirmatory retest does not result in a positive test result, the City shall reimburse the actual cost of the confirmatory retest in an amount not to exceed $100.00. iii. The right to submit information to the City within three (3) working days after a notice of a positive test result to explain that result. iv. The right of an employee, for whom a positive test result on a confirmatory test was the first such result on a drug or alcohol test requested by the City, not to be discharged unless the City has first given the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s benefit plan. The City may determine which type of VIII-16 program is more appropriate for the employee after consultation with a certified chemical use counselor or physician trained in the diagnosis of chemical dependency. The employee may be discharged if they have either refused to participate in the counseling or rehabilitation or has failed to successfully complete the program. Withdrawal from the program before its completion or a positive test result on a confirmatory test after completion of the program will be considered evidence that the employee failed to successfully complete the program. v. The right to be reinstated with back pay if the outcome of the confirmatory test or requested confirmatory retest is negative. Employees may be temporarily suspended pending the results of a confirmatory test. vi. The right not to be discharged, disciplined, discriminated against, or required to be rehabilitated on the basis of medical history information revealed to the City concerning the reliability of, or explanation of, a positive test result unless the employee or job applicant was under an affirmative duty to provide the information before, upon, or after hire. vii. The right to access the information on the employee’s personnel file relating to positive test result reports and other information acquired in the drug and alcohol testing process including conclusions drawn from and actions taken based on the reports or other acquitted information. viii. The right of an employee or a job applicant, who has received a job offer made contingent on the applicant passing drug and alcohol testing, to not have the offer withdrawn based on a positive test result from an initial screening test that has not been verified by a confirmatory test. E. Action After Test 1. Job Applicants—The appointing authority will not withdraw an offer of employment made contingent on the job applicant passing drug and alcohol testing based on a positive test result from an initial screening test that has not been verified by a confirmatory test. When there has been a positive test result in a confirmatory test and in any confirmatory retest, the appointing authority will withdraw the contingent offer of employment if the City determined determines in accordance with the Minnesota Human Rights Act that alcohol or drug usage or abuse: a. Prevents the job applicant from performing the essential functions of the job in question; or b. Constitutes a direct threat to property or the safety of others; or c. Otherwise constitutes a bona fide occupational qualification. 2. Employees—The City will not discharge, discipline, discriminate against, or request or require rehabilitation of an employee solely on the basis of a positive test result from an initial screening test. Where there has been a positive test result in a confirmatory test and in any confirmatory retest, the City may do the following: a. First Positive Test Result—Give the employee an opportunity to participate in either a drug or alcohol counseling or rehabilitation program, whichever is more appropriate. The City may determine which program is more appropriate after consultation with a certified chemical use counselor or physician trained in the diagnosis and treatment of chemical dependency. Participation in a counseling or rehabilitation program will be at the employee’s own expense or pursuant to coverage under an employee’s own benefit plan. If the employee either refuses to participate in the counseling or rehabilitation program or fails to successfully VIII-16 complete the program, as evidenced by withdrawal from the program before its completion or by a positive test result on a confirmatory test after completion of the program, and alcohol or drug abuse prevents the employee from performing the essential functions of the job in question or constitutes a direct threat to property or the safety of others or otherwise constitutes a bona fide occupational qualification, the appointing authority will recommend that the employee be disciplined; including but not limited to, discharge from employment. b. Suspensions and Transfers—Notwithstanding any other provisions herein, the City may temporarily suspend the tested employee with pay for up to ninety (90) days or transfer that employee to another position at the same rate of pay pending the outcome of the confirmatory retest, and, if requested, the confirmatory retest, provided that the City believes that it is necessary to protect the health or safety of the employee, co-employees, or the public. c. Other Misconduct—Nothing in this policy limits the right of the City to discipline or discharge an employee on grounds other than a positive test result in a confirmatory test, including for a violation occurring in the workplace. F. Data Privacy—The City of Hastings will not disclose the test result reports and other information acquired in the drug or alcohol testing process to another employee or to a third-party individual, governmental agency, or private organization without the written consent of the employee tested, unless permitted by law or court order. G. Rights of Employees—An employee has the right to offer the City a written explanation of a positive test result on a confirmatory test within three (3) working days after notice of the positive test result, and has a right to request within five (5) working days after notice of a positive test result a confirmatory retest of the original sample at another licensed testing laboratory at the employee’s or job applicant’s own expense. H. Appeals Procedure—The appeals procedure concerning disciplinary actions taken pursuant to this drug and alcohol testing policy are as follows: 1. Temporary Employees—Temporary employees shall have no right of appeal. 2. Non-Veterans on Probation—An employee who has not completed the probationary period and who is not a veteran has no right of appeal. 3. Non-Veterans After Probation—A regular employee who has completed the review period and who is not a veteran has a right to appeal. Disciplinary actions taken pursuant to his drug and alcohol testing policy are appealable pursuant to the procedures established in the City’s Grievance and Discipline policies. 4. Veterans—An employee who is a veteran has the right to appeal to the City Council a permanent demotion (including salary decreases), or a discharge, if the employee submits a notice of appeal within sixty (60) calendar days of the action, regardless of status with respect to the review period. An employee who is a veteran may have additional rights under the Veterans Preference Act, Minnesota Statute § 197.46. 5. Employees Covered under Collective Bargaining Units Contracts—An employee who is covered by a collective bargaining agreement may elect to seek relief under the terms of that agreement by contacting the appropriate union and initiating grievance procedures in lieu of taking up the grievance procedure outlined in the City Employee Handbook. All notices of appeal not covered under a collective bargaining agreement must be submitted in writing to the Hastings City Administrator, 101 4th Street East, Hastings, MN 55033. VIII-16 I. Good Faith Effort—The City of Hastings will make a continuing good faith effort to maintain a drug-free workplace through the implementation of its Drug and Alcohol Testing Policy. J. Notice to Employees in Safety-Sensitive Positions: a. Employees in safety-sensitive positions may not consume alcoholic beverages or consumable cannabinoid products (CBD) to the extent the employee would be rendered unfit for their next scheduled shift. b. The City of Hastings requires testing for marijuana and not CBD. c. The labeling of many CBD products may be misleading because the products could contain higher levels of THC than what the product label states. Neither the Food and Drug Administration (FDA) nor the Minnesota Pharmacy Board currently certifies the levels of THC in CBD products, so there is no oversight to ensure that the labels are accurate. a.d. Neither City policy nor applicable federal regulation authorize the use of Schedule I drugs, including marijuana, for any reason. As a result, City regulated safety-sensitive employees should exercise caution when considering whether to use cannabis or CBD products. VIII-16 Sick Leave All regular full-time employees are eligible to accrue sick leave at a rate of 96 hours per twelve-month period. Regular part-time employees will earn sick leave on a prorated basis, up to the maximum accrual equal to a full-time employee accrual rate. Sick leave may be accumulated to a maximum of 960 hours. Sick leave may be used as it is accrued in the smallest increment of time tracked in the City’s payroll system, which is in 15-minute increments. No advance of sick leave will be allowed. Employees can use their sick leave for reasons such as: the employee’s mental or physical illness, treatment or preventive care; a family member’s mental or physical illness, treatment or preventive care; absence due to domestic abuse, sexual assault or stalking of the employee or family member; closure of the employees’ workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and when determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease. Sick leave may be granted only for absence from duty because of personal illness, medical appointments, personal accident, job-related accident, legal quarantine, personal medical disability, care for immediate family member with medical disability or serious illness in the immediate family. Immediate fFamily is defined asincludes the employee’s spouse or registered domestic partner,; child, including foster child, adult child, legal ward, child for whom the employee is legal guardian or child to whom the employee stands or stood in loco parentis; biological, adoptive or foster, parent, stepparent or a person who stood in loco parentis when the employee was a minor child;child(ren)/foster/step child(ren), sibling, stepsibling or foster sibling;brother/sister, grandchild, step-grandchild or foster grandchild; grandparent or step-grandparent; child of a sibling of the employee; sibling of the parents of the employee; child-in-law or sibling-in-law; any of the family members previously listed of an employee’s spouse or registered domestic partner; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; up to one individual annually designated by the employee. brother/sister-in-law, mother/father-in-law, grandparents/spouse’s grandparents, grandchildren, step parents, and legal guardians. No advance of sick leave will be allowed. When sick leave is requested for non-emergency and preventative medical appointments, previous approval must be granted by the immediate supervisor. Employees are required to give seven days’ advance notice when using sick time for foreseeable needs of time off. If not foreseeable, Eemployees are required to notify their immediate supervisor within 15 minutes of the employee’s scheduled workday, or as soon as is practicable, if they will be late or not in to work that day for sick leave use. Employees must provide daily updates to their immediate supervisor. Upon request, the employee shall be required to submit medical certification for any absence. When an employee uses Sick Leave for more than three consecutive days, the City may require appropriate supporting documentation (medical documentation, court records or other related documents). However, if the employee or employee's family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Sick Leave for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or VIII-16 the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using Sick Leave to find a replacement worker to cover the hours the employee will be absent. An employee may be required, before being permitted to return to work, to provide medical evidence that s/he isthey are able to perform all significant duties of their job in a competent manner and without hazard. Sick leave is not a privilege or a vested right, but rather is a type of insurance that is allowed only when the employee is unable to work for permitted medical reasons. Claiming sick leave when mentally and physically fit, unsubstantiated excessive sick leave use, or failure to notify as outlined in this policy may be cause for disciplinary action. Once 960 hours of sick leave has been accumulated, the leave accrual will be as follows: • ½ of the accrual will be placed in a Prolonged Illness Bank. An employee may only use the prolonged illness bank after all other accumulated sick leave has been used. • ½ of the accrual will be earned as additional vacation. All vacation is subject to the maximum accrual cap. Earned Sick and Safe Leave Effective January 1, 2024, employees not covered by the above Sick Leave policy (temporary, seasonal, and paid on-call), and who work at least 80 hours in calendar a year for the City, will be covered by the Earned Sick and Safe Leave policy that follows. Employees covered under this policy earn one hour of Earned Sick and Safe Leave for every 30 hours worked, up to a maximum of 48 hours of Sick and Safe Leave per calendar year. Employees can use their sick leave for reasons such as: the employee’s mental or physical illness, treatment or preventive care; a family member’s mental or physical illness, treatment or preventive care; absence due to domestic abuse, sexual assault or stalking of the employee or family member; closure of the employees’ workplace due to weather or public emergency or closure of a family member’s school or care facility due to weather or public emergency; and when determined by a health authority or health care professional that the employee or family member is at risk of infecting others with a communicable disease. Family includes the employee’s spouse or registered domestic partner; child, including foster child, adult child, legal ward, child for whom the employee is legal guardian or child to whom the employee stands or stood in loco parentis; biological, adoptive or foster, parent, stepparent or a person who stood in loco parentis when the employee was a minor child; sibling, stepsibling or foster sibling; grandchild, step- grandchild or foster grandchild; grandparent or step-grandparent; child of a sibling of the employee; sibling of the parents of the employee; child-in-law or sibling-in-law; any of the family members previously listed of an employee’s spouse or registered domestic partner; any other individual related by blood or whose close association with the employee is the equivalent of a family relationship; up to one individual annually designated by the employee. Employees are required to give seven days’ advance notice when using sick time for foreseeable needs of time off. If not foreseeable, employees are required to notify their immediate supervisor within 15 VIII-16 minutes of the employee’s scheduled workday, or as soon as is practicable, if they will be late or not in to work that day for sick leave use. Employees must provide daily updates to their immediate supervisor. When an employee uses Sick Leave for more than three consecutive days, the City may require appropriate supporting documentation (medical documentation, court records or other related documents). However, if the employee or employee’s family member did not receive services from a health care professional, or if documentation cannot be obtained from a health care professional in a reasonable time or without added expense, then reasonable documentation may include a written statement from the employee indicating that the employee is using, or used, Sick Leave for a qualifying purpose. The city will not require an employee to disclose details related to domestic abuse, sexual assault, or stalking or the details of the employee’s or the employee’s family member’s medical condition. In accordance with state law, the city will not require an employee using Sick Leave to find a replacement worker to cover the hours the employee will be absent. An employee may be required, before being permitted to return to work, to provide medical evidence that they are able to perform all significant duties of their job in a competent manner and without hazard. Claiming sick leave when mentally and physically fit, unsubstantiated excessive sick leave use, or failure to notify as outlined in this policy may be cause for disciplinary action. Employees are eligible for carry over accrued but unused Earned Sick and Safe time into the following year, but the total of Earned Sick and Safe Leave carry over hours shall not exceed 80 hours. Unused accrued time will not be paid out upon separation. The city shall not discharge, discipline, penalize, interfere with, or otherwise retaliate or discriminate against an employee for asserting Earned Sick and Safe Leave rights, requesting an Earned Sick and Safe Leave absence, or pursuing remedies. Further, use of Earned Sick and Safe Leave will not be factored into any attendance point system the city may use. Additionally, it is unlawful to report or threaten to report a person or a family member’s immigration status for exercising a right under Earned Sick and Safe Leave. An employee returning from time off using accrued Earned Sick and Safe Leave is entitled to return to their city employment at the same rate of pay received when their leave began, plus any automatic pay adjustments that may have occurred during the employee’s time off. Seniority during Earned Sick and Safe Leave absences will continue to accrue as if the employee has been continually employed. When there is a separation from employment with the city and the employee is rehired again within 180 days of separation, previously accrued Earned Sick and Safe Leave that had not been used will be reinstated. An employee is entitled to use and accrue Earned Sick and Safe Leave at the commencement of reemployment. VIII-16 Nursing MothersLactation Breaks The City of Hastings complies with state law allowing employees who need to express breast milk for infant children reasonable break time unless it would cause undue business disruption. The paid break time must, if possible, run concurrently with any other break time already provided to the employee. The City of Hastings will make reasonable efforts to provide a clean, private, secure room or other location that is shielded from view other than a bathroom or toilet stall, free from intrusion from coworkers and the public and includes access to an electrical outlet for the employee to express her milk in privacy. The City of Hastings will not retaliate against an employee for asserting her their rights under this MN statute. VIII-16 Pregnancy Accommodation The City of Hastings will provide reasonable accommodations to an employee for health conditions related to pregnancy or childbirth if she so requestsrequested., with the advice of her licensed health care provider or certified doula, unless doing so would impose an undue hardship on the company. “Reasonable accommodation" may include, but is not limited to, temporary transfer to a less strenuous or hazardous position, seating, more frequent restroom, food and water breaks, and limits to heavy lifting. At a minimum, theThe City of Hastings will offer the following accommodations to the pregnant or lactating employee without requiring them to seek advice of her a licensed health care provider or certified doula: more frequent restroom, food and water breaks; seating; and limits on lifting over 20 pounds. Employees have the right to request other workplace changes when given advice from a health care provider or doula. The City of Hastings will not retaliate against an employee for requesting or obtaining accommodations under this section. Further, the City of Hastings shall not require an employee to take a leave or accept an accommodation. VIII-16 Time off to Vote All eligible employees are encouraged to vote. While many polling facilities are open to accommodate working voters, employees eligible to vote in an election may take time off during the early voting period prior to or on Election Day for a reasonable period to vote without loss of wages or salary. A reasonable period includes the time necessary to appear at the employee's polling place, cast a ballot, and return to work on the day of that election. “Election” for purposes of this section includes a regularly scheduled state primary or general election, an election to fill a vacancy for a US senator or representative, and a presidential primary. VIII-16 City Council Memorandum To: Mayor Fasbender & City Council Members From: David D. Wilske, Chief of Police Date: November 6th, 2023 Item: 2024 Dakota County Drug Task Force (DCDTF) Contract Amendment Council Action Requested: Approve the Amended 2023 DCDTF JPA for Administrative Staff Person. Background Information: The Hastings Police Department is an active participant in the Dakota County Drug Task Force (DCDTF) through a Joint Powers Agreement. This group, consisting of officers from thirteen (13) Dakota County jurisdictions, is responsible for the enforcement of controlled substance laws throughout this county. Not only do we contribute a full-time Hastings Police Officer to the team, we also provide an Administrative Staff Person through a separate contract that commenced on April 21, 2011. Through that contract, the DCDTF reimburses the City of Hastings for all costs the City incurs relating to the employment of the Employee, including salary and benefits. The DCDTF wishes to extend the current contract for services through December 31, 2024 with approval of the attached amended JPA. This amendment has been reviewed and approved as to form by Assistant County Attorney Dain L. Olson and Hastings City Attorney Kori Land. Financial Impact: None Advisory Commission Discussion: None Council Committee Discussion: None Attachments: Amended Joint Power Agreement VIII-17 JOINT POWERS AGREEMENT BETWEEN THE DAKOTA COUNTY DRUG TASK FORCE AND THE CITY OF HASTINGS FOR ADMINISTRATIVE STAFF SERVICES THIS AGREEMENT is made and entered into by and between the Dakota County Drug Task Force (DCDTF), a joint powers organization acting through the Dakota County Drug Task Force Administrative Board (Board) and the City of Hastings (City). WHEREAS, the DCDTF was created pursuant to a Joint Powers Agreement of certain member cities in Dakota County, the City of Savage, and the County of Dakota (County) pursuant to authority conferred upon the parties by Minn. Stat. § 471.59 (Joint Powers Agreement); and WHEREAS, the DCDTF is governed by the Board; and WHEREAS, the Board has the authority to enter into any contract necessary or proper for the exercise of its powers or the fulfillment of its duties and the Board may authorize the Chair of the Board to execute contracts on behalf of the Board; and WHEREAS, the DCDTF and the Board are in need of administrative staff to serve the administrative needs of the DCDTF and the Board to conduct its operations; and WHEREAS, the City through its Police Department, is willing to provide one 1.0 FTE administrative staff person to the DCDTF and the Board to serve the needs of the Board and the DCDTF during the term of this Agreement, subject to the terms and conditions provided herein; and NOW, THEREFORE, in consideration of the mutual promises and benefits that each party shall derive from this Agreement, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: ARTICLE I SERVICES 1.1. The City, through the Hastings Police Department shall provide to DCDTF and the Board one 1.0 FTE administrative employee (Employee). 1.2. The Employee shall remain an Employee of the City at all times when this Agreement is in effect and the City shall be obligated to provide workers’ compensation insurance coverage for the Employee, subject to reimbursement of such costs by the DCDTF. 1.3. The Board shall assign a supervisor (Supervisor) who will designate and oversee the day-to-day work activities of the Employee, and who shall coordinate with the Police Chief, or his designee, in all matters relating to the Employee. 1.4. Except as provided below, the DCDTF, through its Board, shall reimburse the City for all costs the City incurs relating to the employment of the Employee, including salary, PERA benefits, FICA/Medicare, and City-provided health, dental and life insurance during the term of the Agreement. The 2024 annual employment cost is estimated to be as follows: Gipson DCDTF FINAL BUDGET 2024 Salary $78,991.80 PERA $5,924.39 FICA/Medicare $6,082.37 City Provided Health $29,431.44 Life $91.35 Workers Comp $665.38 LTD $167.88 TOTAL $121,354.61 VIII-17 2 The DCDTF shall be obligated to reimburse the City for paid time off (flex leave) costs attributable to the Employee to the extent that actual paid time off exceeds the paid time off the Employee accrues during the term of the Agreement, including specifically accrued but unused (“banked”) vacation, sick or personal time off accrued by the Employee in excess of the amounts the Employee will accrue during the term of this Agreement. It is understood that employment costs associated with the Employee may change in accordance with any salary increases that may be provided by the City to the Employee as part of salary adjustments provided to all non-union City employees and/or increases or decreases in employee benefit costs. 1.5. The Employee shall be authorized to attend mandatory City provided training as required by the City. 1.6. On a bi-weekly basis the Supervisor shall review, verify and approve the timesheet of the Employee and forward it to the City. 1.7. Any training of the Employee deemed necessary by the Board or the Supervisor shall be provided to the Employee at the expense of the DCDTF. 1.8. Any discipline of the Employee shall be imposed solely by the City. 1.9. The City shall provide an invoice to the DCDTF on a monthly basis, detailing the full costs associated with the Employee assigned to the DCDTF, and the DCDTF shall pay to the City the invoiced costs within 30 days of receipt of the invoice. ARTICLE II TERMS OF AGREEMENT 2.1. Term. Notwithstanding the date of the signatures of this Agreement, the City shall provide services under this Agreement commencing on January 1, 2024, and continuing through December 31, 2024, or until termination in accordance with the provisions herein. 2.2. Extension. This Agreement may be renewable by joint agreement of the City and the Board for up to four one-year extension terms. All extensions under this section must comply with the provisions of Article 4.7 of this Agreement. 2.3. Termination. A. For Cause. This Agreement may be terminated by either party for cause upon seven (7) calendar days’ written notice to the other party. Such notice shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other party. Termination of this Agreement does not discharge any liability incurred by either party before the effective date of termination, including payments due. B. Without Cause. Either party may terminate this Agreement without cause by providing thirty (30) days written notice of intent to terminate delivered to the other party. Termination shall not act to discharge any liability incurred by either party before the effective date of termination, including payments due. ARTICLE III AUTHORIZED REPRESENTATIVES AND LIAISONS 3.1. Authorized Representatives. The following named persons are designated the Authorized Representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representatives shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. VIII-17 3 DCDTF: City of Hastings: Greg Dahlstrom, DCDTF Board Chair, or successor Mary Fasbender, Mayor, or successor P.O. Box 21304 101 4th Street East Eagan, MN 55121 Hastings, MN 55033 Telephone: (651) 994-6220 Telephone: (651) 480-2365 In addition, notification to the County regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 3.2. Liaisons. To assist in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the DCDTF. The County and the DCDTF shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: DCDTF: City of Hastings: Joshua Fahey, Commander David Wilske, Chief of Police P.O. Box 21304 101 4th Street East Eagan, MN 55121 Hastings, MN 55033 Telephone: (651) 994-6220 Telephone: (651) 480-2300 ARTICLE IV GENERAL PROVISIONS 4.1. Government Data Practices Act. The DCDTF and the City must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided under this Agreement and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the parties under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City or the DCDTF. 4.2. Audits/Access to Records. Each entity shall allow the other entity access to its records at reasonable hours, including all books, records, documents, and accounting procedures and practices relevant to the subject matter of this Agreement, for purposes of audit. 4.3. Governing Law, Jurisdiction and Venue. Minnesota Law, without regard to its choice of law provisions governs this Agreement. Venue for all legal proceedings involving the Agreement, or its breach, must be in the appropriate state or federal court, with competent jurisdiction in Dakota County, Minnesota. 4.4. Merger. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. 4.5. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either party. 4.6. Indemnification. The City and the DCDTF agree that each entity will be responsible for its own acts and the results thereof and shall not be responsible for the acts of the other entity and the results thereof. Each entity therefore agrees that it will assume liability for itself, its agents, employees, or contractors for any injury to persons or property resulting in any manner from the conduct of its agents, employees or contractors. Each entity shall defend, indemnify and hold harmless the other entity for all liability, obligations, claims, losses and expenses, including reasonable attorneys and other professional fees, resulting from the acts or omissions, if its elected officials, employees and agents in providing services under this Agreement. Nothing in this Section is intended by the parties as a waiver of any liability limits or immunities otherwise provided by law. The requirements and obligations of this Section shall survive the expiration or earlier termination of this Agreement. VIII-17 4 4.7. Amendments. Any amendments to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 4.8. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Contract on the dates indicated below. Approved as to form: DAKOTA COUNTY DRUG TASK FORCE /s/ Dain Olson 10/25/23 By: Assistant County Attorney/Date Greg Dahlstrom, or successor County Attorney File No. KS-23-532 Chair, Administrative Board Date of Signature CITY OF HASTINGS By: Mary Fasbender, or successor Mayor Date of Signature By: Kelly Murtaugh, City Clerk Date of Signature VIII-17 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 6, 2021 Item: Award 2024-2026 Industrial Park Agricultural Lease Council Action Requested: The City Council is asked to award the 2024-2026 Industrial Park Agricultural Lease contract. Background Information: The industrial park agricultural lease had originally allowed corn to be planted every year, which requires application of a nitrogen fertilizer. To help reduce nitrates in the DWSMA (Drinking Water Supply Management Areas) we began requiring best practice requirements for applying nitrogen at minimum levels and alternating soybeans. Recently a Dakota County SWCD (Soil and Water Conservation District) representative suggested we look to have a perennial grain like Kernza® planted. This would not require the application of nitrogen. They said a grower could offset increased costs with available grants and offer competitive bids for a lease. Due to the establishment of the perennial crop, they suggested extending the lease term for three years rather than two. This would allow for a better return on investment. The request stated that bids for corn/ soybeans (option A) and for a low nitrogen perennial crop (option B) would be accepted. The request for bids stated that the award will be based on qualifications, bid price, and crop option. One bid for option B was submitted. The same bidder also submitted a traditional proposal that would add a fall cover crop, which may reduce the ground nitrogen. The sealed bid opening on Monday October 30, 2023, yielded the following results: IX-01 Option A: Corn/Soybeans Per acre (82 acres) Dave and Joe Birk 233.00 RKSK Farms 193.00 Strohfus Farms 150.05 With a fall planted cover crop (ie Winter Cereal Rye or a mix) Option B: Low nitrogen input crop, perennial crop or continuous living cover as defined by the Minnesota Department of Agriculture Per acre (82 acres) Strohfus Farms 100.05 As part of the agreement, the lessee will pay real estate tax on the leased farmland, which is generally about $5,000 per year. The City would notify the lessee with any impending sale of land for industrial development. If the land is already planted, and the crop cannot be harvested, the City will deduct the costs of planting the affected area from the annual rent. Staff Review Staff believes all of the bidders are qualified to perform the necessary lease requirements. Staff would have liked for option B to garner more bids. Even with advertisement in the Hastings Journal, city website, notice to past bidders, and Dakota County SWCD spreading the opportunity, only one bid was received and substantially lower than past and current bids. The Option B bidder submitted the attached letter with their bid citing a variety of possible risks leading to the low bid, including that available subsidies are not guaranteed. Perhaps in the future these potential risks will be investigated and assuaged prior to bidding to allow for a more competitive bid. City Engineering staff said the field is not within the one year capture zone of the nearest well, which requires a higher standard for infiltration. They added that it is appropriate to keep exploring options for reducing nitrogen as we continue this lease opportunity. Staff recommends awarding the 2024-2026 agricultural lease to Dave and Joe Birk for 233.00 per acre. Although the option B bid from Strohfus Farms did meet a preference for lower nitrogen, it was not competitive. Dakota County SWCD staff intends on being present at the City Council meeting to address any questions. Financial Impact: Dave and Joe Birk will be required to pay the city $19,106 in 2024, 2025, and 2026, in addition to assessed taxes (about $5,000/ year (as routinely assessed by Dakota County). Advisory Commission Discussion: None Council Committee Discussion: None IX-01 Attachments: • Location Map • Dave and Joe Birk - Rental Bid Agreement • Strohfus Farms – Letter, Rental Bid Agreement • Terms and Conditions • Dakota County SWCD - Benefits of Perennials -Hastings IX-01 IX-01 IX-01 IX-01 IX-01 IX-01 TERMS AND CONDITIONS AGRICULTURAL LEASE AGREEMENT CITY OF HASTINGS INDUSTRIAL PARK AG LEASE 1. The property leased is shown on the attached map, approximately 80 acres in the Hastings Industrial Park. The amount of acreage is based on a survey but is not warranted by the City. The City makes no warranty as to the condition of the property. The lessee has inspected the property and agrees to lease the property as is. 2. This agreement is for three crop years, 2024, 2025 and 2026. Annual rent shall be paid in full and received at City Hall, 101 East 4th Street, Hastings, Minnesota 55033 by October 30, 2024, October 30, 2025, and October 30, 2026. 3. This City property while under lease is subject to property tax to be paid by the lessees or user. Taxes are in addition to the rent. The Dakota County Assessors Office will be notified of the proposed use of property and lessee. 4. The lessee shall exercise due care when working so not to cause any damage to neighboring property, roads, and ditches, shall not access the property directly from Spiral Blvd, shall leave the property in neat and clean condition after harvest, shall maintain proper weed control on the property, and shall remove all crops from the property before the expiration of this agreement. 5. The lessee shall furnish at his own expense all labor, equipment, materials and services required to farm the property. 6. The lessee shall not hold the City liable for any damages or injuries related to farming this property. 7. The lessee understands that the property is for sale and that the City reserves the right to sell any amount at any time. The City will advise the lessee of any sales known or pending. The lessees' interest, under the terms of this agreement, in the acres sold is terminated at the time of closing. Lessee agrees to sign any document terminating lessee's leasehold interest in any property which is sold. At the discretion of the City, the lessee shall be permitted to tend and harvest the crops before the new owner takes possession, OR the rent and farming input costs incurred for the acreage sold shall be deducted from the year's rent. 8. The lessee understands that the most recent crop was soybeans and herbicides used include Enlist, Roundup, Clethodim, Dual, AMS. 9. The lessee shall allow the MN Dept of Agriculture (MDA) to install lysimeters on the specified property and allow MDA to collect samples throughout the growing season. Lysimeter installation and sample collection will not interfere with crop planting or harvest. 10. The Lessee will plant crops according to the following condition (check option below): IX-01 Select one of the following: Option A: • Corn and soybeans must be alternated each year. • Lessee must follow all nitrogen fertilizer Best Management Practices (BMPs) for the Hastings Drinking Water Supply Management Area (DWSMA) as published by MDA and lessee will keep records documenting adoption of the BMPs. The BMP list is published online: https://www.mda.state.mn.us/hastings-dwsma OR Option B: • Lessee must plant a low nitrogen input crop, perennial crop or continuous living cover as defined by the Minnesota Department of Agriculture. More information is available online: https://www.mda.state.mn.us/chemicals/fertilizers/nutrient- mgmt/nitrogenplan/nitrogenmgmt/amts • Lessee may plant a short-season crop in the first year of the lease prior to establishing a perennial crop in the fall of that year. • Lessee may utilize cost-share programs including, but not limited to, Dakota Soil and Water Conservation District Harvestable Covers Program, Forever Green Initiative Environmental and Economic Clusters of Opportunity (EECO) Program, and grants through Minnesota Department of Agriculture. • Lessee must be willing to accommodate educational field days focused on nitrogen reducing crops in coordination with partners such as, but not limited to, Forever Green Initiative, Minnesota Department of Agriculture, Dakota County, and Dakota Soil and Water Conservation District. The undersigned lessees have read and agree to these terms. __________________________________ ________________________________ ______________________ Date IX-01 Goals Align01 03 04 Story Worth Sharing One Field to Many City of Hastings Wellhead Protection Plan goals include “Encourage agriculture land use practices that minimize nitrate loading to groundwater” and “Support the distribution of educational materials aimed at reducing nitrate loading to groundwater from agricultural lands.” These align with partner goals in the State Groundwater Protection Rule and County Agricultural Chemical Reduction Effort (ACRE) Plan. 02 Real Results Perennial crops have deep roots in the soil year-round that are proven to reduce nitrate leaching to groundwater. Groundwater modeling results show a potential reduction of nitrate leaching by 90% if this field is converted from annual row crops to perennial crops. Perennial crops, such as Kernza® come with a great story about water quality and partnerships. Highlighting these benefits could bring new businesses to the Hastings community and shows leadership from the City of Hastings for addressing the nitrate issue. While the City of Hastings cropland is just one field, educational field days hosted at this field can help expand knowledge about perennial crops, helping others feel confident about planting perennial crops throughout the Hastings Drinking Water Supply Management Area (DWSMA). 05 Establish Connections Current partners include Forever Green Initiative (FGI), Minnesota Department of Agriculture (MDA), Dakota County, Dakota Soil and Water Conservation District (SWCD) and Perennial Pantry. Each partner brings unique resources to the table and all have connections with farmers. BENEFITS OFBENEFITS OFBENEFITS OF PERENNIAL CROPSPERENNIAL CROPSPERENNIAL CROPS Partnering on City of Hastings Cropland IX-01 City Council Memorandum To: Mayor Fasbender and City Council From: Justin Fortney, City Planner Date: November 6, 2023 Item: Authorize Contract Amendment: City Hall HVAC and Architecture Design Services City Council Action Requested Authorize contract amendment for additional service expenses of $46,700 to the existing architectural and engineering design contract with Miller Dunwiddie Inc. for the following activities: 1. $22,670 for additional HVAC design work to combine City Hall and PD building heating plants into one. 2. $24,030 for updated drawings and bidding work for the second and third dome roof request for bids. Background Information Project During the contractor walkthrough for the HVAC project, they and city staff discovered the benefits to combining the heating plant into the PD for both buildings. All four boilers were near the end of their life in addition to efficiency and operational improvements. This change required a significant amount of design work. $8,111 of this fee is estimated for future work including construction management and will only be billed as required. The City Council approved the expanded project scope to combine the heating plants at their August 7, 2023 meeting. This request to for added services has come now after successful bidding of the dome roof. The dome roofs are not a typical type of roofing for which most roofing companies have experience. The first two rounds of bids garnered zero bids. The architect amended the project documents to address any possible apprehension from contractors. We finally received one bid from an out of state company that specializes in these types of roofs, who had not considered the project previously due to having a full schedule. The three rounds of bidding and changes to the documentation were not included in the original scope. Contract We originally received 11 proposals for professional services, which did not include the expanded services mentioned above. The base fees ranged from $82,000 to $179,000, with two outliers at $52,000 and $272,300. (Firms: BKV, CDG, IHB, ISG, Miller Dunwiddie, MJBA, M&MA, Oertel, Walker, and Wold) Miller Dunwiddie had a base fee of $103,130. IX-02 Financial Impact: Original professional design fee contract was for $103,130. This additional design fee of $46,700 would raise the total to $149,830. This design work is a reimbursable expense of the state bonding grant. Advisory Commission Discussion: N/A Council Commission Discussion: N/A Attachments: Miller Dunwiddie Added Service Request IX-02 September 13, 2023 City of Hastings City Planner ATTN: Justin Fortney EMAIL: JFortney@hastingsmn.gov RE: Historic Roofing Repair and HVAC System Design Improvements Hastings, MN Miller Dunwiddie No. COH2101 Dear Justin, Our original proposal and fee anticipated the roof, HVAC, and other interior work to be completed as one construction project. Due to bidding issues and a change of project scope the projects have been separated and additional drawing updates and bidding were required. The following additional scope has been completed by the design/engineering team to meet the needs and requests of the city. - Updated drawings for revised mechanical scope and change order - Updated drawings and bidding for 2nd roof bid - Updated drawings and bidding for 3rd roof bid Our team requests to be fairly compensated for the additional time and effort. In May we had provided a request of $46,700 for the HVAC redesign. EP has to date expended $14,559 of this fee. EP is willing in lieu of the requested amount to bill you time and materials to complete the necessary scope which will likely be less than the $46,700 requested. The revisions to the mechanical scope and coordination of the change order resulted in 20 additional hours expended of Kelly’s time for a cost of $3,034. The documents and roof rebids in total cost $20,996 (approx $10,500 each). We are not billing you for any time expended by Rick Froberg, our new roof specialist, as his role was not part of our original scope and contract, however, he did spend considerable time trying to get contractors to bid. Based on this we would like to request that our contracted fee of $103,130 be increased by $38,589 ($14,559 + $3,034 + $20,996) for a new total contract amount of $141,719. Additional time spent by EP will be billed as time and materials [estimated at $8,111 for a total add of $46,700 and project of $149,830]. Sincerely, Denita Lemmon | AIA, NCARB Vice-President For Miller Dunwiddie Architecture IX-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Justin Fortney, City Planner Date: November 6, 2023 Item: Award Contract - City Hall Dome Roofing Project – Renaissance Roofing, Inc. COUNCIL ACTION REQUESTED Council is requested to consider adoption of the attached resolution awarding the City Hall dome roofing project to Renaissance Roofing, Inc., and authorized execution of the contract. BACKGROUND INFORMATION As part of the larger City Hall repair project, this dome roofing portion was the most difficult to procure a bid. The project was advertised three times and appeared on the city’s website, construction data networks, and was directly sent to roofing firms. Multiple firms attended some or all three pre-bid walkthroughs. Miller Dunwiddie, the project architecture firm amended the proposal each time to reduce any possible bidder apprehension. We finally received a bid from Renaissance Roofing, Inc. from Belvidere, Illinois. They had not bid the first two times citing a busy workload at the time. In addition to the base bid, an alternate bid was required for repair and gilding of the center dome and finial. It was originally gilded and subsequently painted a gold color as the gilding likely reached the end of its life. The gold paint has now faded and flaked. They can be repainted to last about 15 years. They may also be repaired and gilded again with a lifespan of 30 or more years. The appearance of exterior rated gold paint and gilding are not the same. Gold is shiny and reflective as opposed to the paint only having a similar hue. Repainting is included in the base bid. The alternate to repair and gild the top dome and finial is $9,990. POST-BID CONTRACTOR QUALIFICATION REVIEW Renaissance Roofing, Inc. submitted several recent project references from the Midwest, along with four recent industry journal articles highlighting some of the projects. Feedback received was positive. One of the references was an architect specializing in this type of work who said, Renaissance is the only specialized firm in the Midwest that routinely performs this work. She added that there are a handful on the east coast who will work this far west, but only if work is slow. Review feedback notes are attached. PROPOSED CONSTRUCTION SCHEDULE The project will take time due to the nature of the work and the heights involved. Renaissance proposes to begin the project this winter with investigation, sample harvesting, and establishment of an off-site Bidder Total Base Bid Renaissance Roofing, Inc. $3,294,805 IX-03 sheet metal production shop. Scaffolding would be installed on the main dome early spring and finally removed from the corner domes July 2025. STAFF RECOMMENDATION Staff is recommending that the City Council adopt the attached resolution awarding the contract to Renaissance Roofing, Inc. in the amount of $3,294,805. Repairing and gilding the top dome and finial as they were designed is the best preservation practice and will last twice as long as repainting. The cost of $9,990 to repair and gild them again is considerable. However, so will the cost to have it repainted in 15-years without scaffolding in place. ATTACHMENTS - Resolution – Award Contract - Review Feedback Notes - Reference Notes – Center Dome and Finial photos IX-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION NO. RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR THE 2023 CITY HALL DOME ROOF PROJECT WHEREAS, pursuant to an advertisement for bids for the City Hall Dome Roof Project, where bids were opened on August 30th, 2023 at 2:00 p.m. as advertised and tabulated according to law, and the following bids were received by the deadline: and WHEREAS, the city’s consultant architect and city staff have sufficiently researched Renaissance Roofing, Inc. and past project references as the lowest qualified bidder, and found they have performed similar work with the proficiency required, and WHEREAS, it appears that Renaissance Roofing, Inc. is the lowest valid responsible bidder. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: 1. Award the contract to Renaissance Roofing, Inc. in the amount of $3,294,805 2. The Mayor and Clerk are authorized to execute a contract with Renaissance Roofing, Inc. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 6TH DAY OF NOVEMBER, 2023. Ayes: Nays: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk SEAL Bidder Total Bid Renaissance Roofing, Inc. $3,294,805 IX-03 Renaissance Roofing Inc. reference check notes. Highlight Summary 1. Very high quality of work, dedicatfon to the projects, and obvious interest in the longevity of the work being done. 2. There were no concerns with change orders other than one project but seemed minor. (see Martfn County Courthouse below). There was not a long list or a pattern of them. 3. There were no reports of disruptfons to building operatfons, although the buildings did look unique for some tfme with scaffolding all over. 4. The project foremen and individual employees were very respectiul. 5. The quality of the work was flawless, and no correctfons were noted. 6. Staging areas were kept neat and of limited size on compact sites. However, they were generally used for the duratfon of the long projects. 7. The project tfming followed schedule, unless supplies were delayed or became unavailable. Based on the feedback I received, it appears the company is very capable of the work and very professional. I have no reservatfons about working with them. Mississippi County Courthouse – Osceola/ Judge John Alan Nelson They were a very good company to work with. There were no impacts to building employees or operatfons. There were no unnecessary or overpriced change orders, they are not that kind of company. The quality of work was exceptfonal. We were happy with the completfon date and the project tfmeline, given unforeseen circumstances. When the roofing was removed, fire damage was found and a lot of framing repairs were required, which impacted completfon date. Martin County Courthouse Dome/ Scott Higgins (Owner Rep) Excellent company great to work with Fantastfc workmanship A can-do approach from the foreman and the workers very pleasant. Very dedicated employees that were working every day and all winter long. They seemed to work hard to avoid additfonal expenses or to absorb them if possible. They made plaster repairs for all roof leaks during constructfon. Not related to the dome, but the main roof was concrete and in very poor shape. There were a few change orders, mostly for the main roof. The one that stfcks out regarding the dome was for asbestos tar removal from the dome framing in order for the company to copy it for duplicatfon. The owners felt the contractor or architect should have known. (I’m not so sure, but there could have been more to it.) Cascade County Courthouse / Paul Filicetti, AIA (Architect) A&E Design | Missoula They showed genuine interest in the finished product’s long-term longevity. He would definitely recommend working with them. There were project delays due to the manufacturer not being able to produce material fast enough. There were no contentfous change orders. They had excellent communicatfon and were very responsive. They were open to determining many specificatfons when the drawings and provided specs lacked necessary detail. Fort Leavenworth Building 52 Copper Bell Tower/ Julia Manglitz, AIA (Architect) Older project from 2011. Owner reps from the project were very seasoned at the tfme and have all retfred or passed. I think very highly of them and have even hired them to assist on structural assessments since working with them on that project. That project was a positfve experience for her firm and she believes the owners as well. IX-03 They are the only specialized firm in the Midwest that perform this work. There are a good handful on the east coast who will work this far west, but only if work is slow. I recently worked on a dome project in Kansas where a different contractor had a decent portiolio of historic projects. When it came tfme to do a mock-up, it was apparent they didn't have a clue and it became a difficult job to get through. There is a major pipeline issue of qualified contractors for specialized work. The trade organizatfons have realized that all the educatfonal programs are only preparing workers for the current trade techniques and are not capable of working on past systems. Some companies have started looking for quality untrained employees that they will train themselves to produce the wide variety of knowledge necessary in the real world. She hopes the educatfonal programs can be retooled to meet the needs of the real world. IX-03 Current center dome and finial with failing gold paint exposing some of the failed gliding. IX-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 6, 2023 Item: Professional Services Agreement with WSB Council Action Requested: Approve Professional Service Agreement with WSB, LLC with Ryan Stempski as Public Works Director/Engineer. Background Information: The City has contracted with Focus Engineering since 2015 for City Engineer service. This has been an “embedded” position with Ryan Stempski part of the Public Works Department’s hierarchy and operations to the point that some may not even realize that he is not actually a City employee. In October 2021, we named him as Interim Public Works Director, and appointed him as Public Works Director in March 2023. He has experience with the City and our Public Works Department, with several ongoing and major projects (PFAS, Hwy 61, WWTP), and with our partner organizations (MNDOT, Met Council, Dakota County). Because of upcoming changes at Focus Engineering, Ryan has resigned there, and his last day at Focus was October 27. We have received 30-day notice (per contract) from Focus to end their contract with us effective November 18. Ryan has been hired by WSB & Associates and started in that position October 30. The attached contract essential continues our relationship, from Focus to WSB, with Ryan as our Public Works Director, effective October 30. Over the past couple years, with Ryan serving in a dual role as Public Works Director and City Engineer, we have deliberately maintained budget capacity to supplement the department with contract engineering support (for example: CAD, GIS, research, and construction oversight) as needed. We have utilized services of both Focus and WSB in this manner, with separate contracts for the additional services. Financial Impact: Within budget Committee Discussion: Not applicable Attachments: Professional Services Agreement IX-04 PROFESSIONAL SERVICES AGREEMENT This Agreement (“Agreement”) is made as of November 2, 2023 (Effective Date), by and between the City of Hastings, 101 4th Street East, Hastings, Minnesota 55033, herein referred to as (“Client”) and WSB LLC, 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416, herein referred to as (“Consultant”) to provide professional services (“Services”) by Consultant in connection with the following project ("Project"): Public Works Director/City Engineering Services in Hastings, Minnesota. ARTICLE 1 - SCOPE AND DESCRIPTION OF SERVICES (“SCOPE OF SERVICES”) Please see the attached Scope of Services and Compensation (“Exhibit A”). ARTICLE 2 - PERIOD OF SERVICE The Services described under Scope of Services shall be completed expeditiously and professionally so as to maintain the agreed upon schedule. The schedule may be modified by the parties by agreement or as a result of an excusable delay caused by Force Majeure, a Client Delay, Change in Law or unforeseen conditions at the Project site. ARTICLE 3 - COMPENSATION Unless otherwise stated in the Scope of Services, Consultant shall perform the work on a time and materials basis and invoice for its work monthly. If not stated in Exhibit A, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which they are issued. Each invoice shall include details for the time and reimbursable expenses incurred the previous month. Reimbursable expenses shall include but are not limited to, travel and lodging, mileage, print and plotting charges, shipping charges, messenger delivery charges, plus all taxes (including sales taxes), fees, including but not limited to permit, application, testing, and recording fees, imposts, or stamps required by State, Federal, Municipal, or other government agencies in the providing of Services. Client agrees to pay all invoices within thirty (30) days of receiving same. Any invoice not paid within thirty (30) days of the original invoice date shall bear interest at the lower of 1.5% per month or the highest rate permitted by applicable law on the unpaid balance. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to suspend work and withhold Instruments of Service (as defined below) until payment in full, including interest, is received. Consultant shall have no liability whatsoever to Client for any costs or damages that result from such suspension or withholding of Instruments of Service, and Consultant shall be entitled to reimbursement of all costs incurred while work is suspended. If Consultant resumes services after payment by Client, the time schedule and fees for remaining Services shall be equitably adjusted. If Client fails to pay any amount by the applicable due date, Consultant shall have the right to commence collection efforts, and all collection costs incurred by Consultant shall become immediately due and payable to Consultant as such collection costs are incurred. Collection costs include, but are not limited to, legal fees, collection agency fees, court costs, and reasonable staff costs for Consultant's staff time spent in efforts to collect the overdue balance. Client’s failure to pay Consultant in accordance with this Agreement shall constitute a material breach of this Agreement and shall be cause for Consultant to suspend performance or terminate this Agreement. If the Services are suspended by Client for more than thirty (30) calendar days, consecutive or aggregate, Consultant shall be compensated for Services performed prior to such suspension. When the Services are resumed, Consultant shall be compensated for time and expenses incurred in the interruption and resumption of Services. Consultant’s fees for the remaining Services and the time schedules shall be equitably adjusted. ARTICLE 4 – ADDITIONAL SERVICES In the event of any changes in the Scope of Services, Client Delay, changed or unforeseen conditions, Change in Law or event of Force Majeure, Client agrees to issue an Amendment for Additional Services (“AAS”) to equitably adjust Consultant’s fees and the time of performance. If Consultant is caused to increase its Scope of Services and Client does not issue an AAS that is acceptable to Consultant, compensation for the expanded Scope of Services shall be on an hourly basis according to Consultant's then-current standard rate schedule (“Rate Schedule”), plus reimbursable expenses. A “Client Delay” shall include a delay caused by the Client failing to make timely decisions, a delay in the delivery of Client ordered equipment or supplies, or a delay by a Client-hired contractor or consultant not timely completing work upon which Consultant’s work is dependent. “Force Majeure” is defined below in Article 13. A “Change in Law” is a change in the applicable laws or regulations applicable to the Project when the change occurs after the date of this Agreement. ARTICLE 5 - CLIENT’S RESPONSIBILITIES Client agrees to provide to Consultant in a timely manner all available information, requirements, and limitations relevant to Consultant's performance of its Scope of Services, including, but not limited to, objectives, schedule, constraints and criteria, space requirements, flexibility, expandability, special equipment, systems, and site requirements. Client furnished information shall also include data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other IX-04 2 land use restrictions; and other special data. Consultant may rely on the accuracy of the Client’s supplied information and use such information in the development of Consultant’s Scope of Services. The accuracy of the Client’s information is the Client’s responsibility. Client shall update any information it provides if Client becomes aware of any changes in circumstances. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. Client shall also notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in construction or design. Client shall furnish right-of-way entry and continuous unimpaired access to each site subject to a Task Order for Consultant to perform its Scope of Services. Client shall also require all Utilities with facilities in the Client’s right of way to locate and mark said utilities upon request, relocate and/or protect said utilities as determined necessary to accommodate work, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. Where appropriate, Client shall endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work. Client shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the orderly and sequential progress of the Services, including acting promptly to approve all pay requests or requests for information by Consultant. Client shall furnish the services of other consultants when such services are requested by Consultant and are reasonably required by the scope of the Project. Client shall designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services. Client shall provide such legal, accounting and insurance counseling services as may be required and bear all costs incidental to compliance with the requirements of this article. ARTICLE 6 - INDEMNIFICATION To the fullest extent permitted by law, subject to the limitations set forth below in this Agreement, Client and Consultant shall indemnify and hold harmless the other and its respective directors, officers, employees, and representatives from and against all legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused by the indemnitor's negligent acts, errors, or omissions. Neither party shall have a duty to defend the other party and no duty to defend is created by this Agreement. ARTICLE 7 - LIABILITY LIMITATION Client and Consultant have evaluated the parties’ relative risks and benefits associated with this Project, including Consultant's fee relative to the risks assumed, and agree to allocate certain of the associated risks. To the fullest extent permitted by law, the total aggregate liability of Consultant (and its employees and sub-consultants) to Client for all injuries, damages, claims, losses, or expenses (including attorney fees and expert fees) arising out of Consultant's services or this Agreement is limited to the greater of Consultant’s project fee or $50,000, and Client agrees to hold Consultant harmless for any liability more than such amount. This limitation shall apply regardless of available insurance coverage, cause(s), or the theories of liability, including, but not limited to, breach of contract, negligence, contribution, indemnity, or other remedies. ARTICLE 8 - STANDARD OF CARE Consultant will perform the Services in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s profession currently practicing under similar conditions in the same locale. EXCEPT AS SPECIFICALLY STATED HEREIN, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES, AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTICLE 9 - CONSEQUENTIAL DAMAGES NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES. ARTICLE 10 - DISPUTE RESOLUTION If a claim or dispute arises out of or relates to Consultant's Services or this Agreement, the parties shall attempt in good faith to settle such claim or dispute through direct discussions. Any claim or dispute arising out of or related to Consultant's Services or this Agreement (except for collection procedures employed by Consultant and those waived or barred as provided elsewhere in this Agreement) that is not resolved by direct discussions shall be submitted to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Either party may file a request for mediation. Mediation shall be pursuant to the Construction Industry Mediation Rules of the American Arbitration Association. The Mediator shall be selected by the parties within fifteen (15) days of the request for mediation. Mediation shall proceed in advance of IX-04 3 legal or equitable proceedings, which shall be stayed pending the conclusion of mediation for a period of sixty (60) days from the date of filing, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Minneapolis, Minnesota. Notwithstanding the foregoing, if a claim or dispute between the parties involves, relates to, or is the subject of a mechanic's lien or construction lien arising out of Consultant's Services, Consultant may proceed in accordance with applicable law to comply with all statutory requirements, including those related to lien notice and filing deadlines, prior to the commencement or conclusion of mediation or other form of alternative dispute resolution agreed to by the parties. ARTICLE 11 - TERMINATION Either party may terminate this Agreement for convenience and without cause upon twenty-one (21) calendar days written notice. Either party may terminate this Agreement for cause upon ten (10) calendar days written notice for one or more of the following reasons: 1. The other party's material breach of this Agreement; 2. Assignment of this Agreement without the written consent of the other party; 3. Suspension of the Project or Consultant's Services for more than thirty (30) calendar days, consecutive or aggregate; or 4. Material changes in the conditions under which this Agreement was executed, the Scope of Services, the nature of the Project, or the failure of the parties to reach an agreement on compensation and/or scheduling adjustments necessitated by such changes. In the event of termination of this Agreement by either party, regardless of the reason for termination, Client shall, within fifteen (15) days of termination, pay Consultant in full for all services rendered and costs incurred by Consultant up to the date of termination. Additionally, and notwithstanding any language in this Agreement to the contrary, within sixty (60) days of termination, Client shall reimburse Consultant for all expenses incurred by Consultant in connection with the orderly termination of this Agreement, including, but not limited to, demobilization, reassignment of personnel, associated overhead costs, and all other expenses resulting from the termination. ARTICLE 12 - INSURANCE Consultant shall carry the following insurance: Workers Compensation Statutory Employers Liability $1,000,000 General Liability $1,500,000 Each Occurrence/ $1,500,000 Aggregate Automobile Liability $1,000,000 Combined Single Limit Professional Liability $3,000,000 Per Claim/ $3,000,000 Annual Aggregate General Liability shall name the Client as an additional insured. The insurer agrees to give thirty (30) days written notice in the event of cancellation by the insurer. ARTICLE 13 - MISCELLANEOUS A. WORK PRODUCT / DOCUMENT OWNERSHIP Except as otherwise provided in Exhibit B (if applicable), the following shall apply to the ownership of documents and work product: Unless Client requests otherwise, Consultant will provide its documents and materials both in a hard copy and in an electronic format. Because electronic documents may be modified intentionally or inadvertently, Client agrees that Consultant will not be liable for any losses or damages resulting from any change in an electronic document after Consultant transmits it to Client. All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Services for use solely with respect to this Project and, unless otherwise provided, Consultant shall be deemed the owner of these Instruments of Service and shall retain all common law, statutory and other reserved rights, including copyright. If Client has paid Consultant in full for its Services, Client shall be permitted to retain copies, including reproducible copies, of Consultant’s Instruments of Service for Client’s information, reference and use in connection with the Project. Consultant’s Instruments of Service shall not be used by the Client or others on other projects, for additions for this Project or for completion of this Project by others, except with Consultant's agreement in writing and with appropriate compensation to Consultant. In consideration of Client's use of Consultant's Instruments of Service, Client shall, to the fullest extent permitted by law, indemnify and hold harmless Consultant, its directors, officers, agents, and employees from all claims arising out of the reuse or misuse of such Instruments of Service. Under no circumstances shall transfer of the Consultant's Instruments of Service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. IX-04 4 The Consultant agrees to abide by the applicable provisions of the Minnesota Government Data Practices Act, Minnesota Statues, Chapter 13. B. HAZARDOUS MATERIALS Client represents to Consultant that no hazardous materials exist at the Project site. If there are hazardous materials at the Project site, the Client must inform Consultant of the type, quantity, and location of such hazardous materials. If hazardous materials are discovered at the Project site then Consultant will notify the Client and, to the extent required by law, notify the appropriate governmental authority. If Consultant or any other entity encounters hazardous materials at the Project site then Consultant may without any liability to Client or any other entity suspend services until such time as Client retains the appropriate entities to identify and (as appropriate) abate, remediate, or remove the hazardous material. Client agrees that Consultant has been retained to perform professional services and shall not be required to become an arranger, operator, generator, or transporter of hazardous material (as defined by law). Client hereby agrees to indemnify and hold harmless Consultant for all claims losses and damages arising out of the existence of hazardous materials on the Project site. C. UNDERGROUND UTILITY AND STRUCTURE CLEARANCE Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. D. THIRD-PARTY RELIANCE All Services provided by Consultant are for Client's and Consultant's sole benefit and exclusive use with no third-party beneficiaries intended. Reliance upon the Services and any work product is limited to Client and is not intended to benefit any third party. E. CONSTRUCTION SERVICES If requested by Client in the Scope of Services or AAS, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or any other entity furnishing materials or performing any work on the project. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job site safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an additional service. Consultant and Client shall then enter into an AAS detailing the terms and conditions of the requested project observation. F. SUBMITTALS AND PAY APPLICATIONS If the Scope of Services includes the Consultant reviewing and certifying the amounts due the contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the contractor’s work has progressed to the point indicated and that the quality of the work is in general accordance with the documents issued by the Consultant. The issuance of a certificate for payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Client to substantiate the contractor’s right to payment, or (4) ascertained how or for what purpose the contractor has used money previously paid on account of the contract sum. Contractor shall remain exclusively responsible for its work. If the Scope of Services includes Consultant’s review and approval of submittals from the contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. G. JOB SITE SAFETY Neither the Services of Consultant, nor the presence of Consultant at the construction/Project site, shall relieve Client, general contractor(s), or subcontractor(s) of any of their responsibilities or duties to perform the work in strict accordance with the contract documents and to comply with all health and safety precautions required by any regulatory agency. Consultant does not have IX-04 5 authority or responsibility to control any construction contractor or its employees in connection with their work or any health or safety programs or procedures. Client agrees that contractors and subcontractors are solely responsible for job site safety and warrants that this intent shall be carried out in Client's contracts with contractors. Client also agrees that Client and its contractor(s), jointly and severally and to the fullest extent permitted by law, shall indemnify and hold harmless Consultant and its employees against any liability related to health, injury, or job site safety. H. OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that that proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of probable construction costs and Client expressly waives any claims related to the accuracy of opinions of probable construction costs. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator as part of its Project responsibilities. I. FORCE MAJEURE To the extent any time for performance applies, the affected party shall not be responsible for any delays due to federal, state or municipal actions or regulations, acts of foreign governments, strikes or other labor shortages, equipment or material delays or shortages, delays in issuing applicable permits, acts or omissions of the other party, inclement weather, pandemic, acts of the public enemy, fires, floods, riots, embargos, other acts of God, government shutdown, unforeseen site conditions or any other events or causes beyond the control of Consultant. J. HEADINGS The headings used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of this Agreement or any part hereof. K. ASSIGNMENT Client may not assign this Agreement without the written consent of Consultant. L. ENTIRE AGREEMENT This Agreement represents and contains the entire agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior oral and written agreements and understandings. M. GOVERNING LAW The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Project is located. N. MODIFICATIONS This Agreement may be modified only by a written instrument executed by both parties. O. WAIVER No delay or failure by either party to exercise any right or remedy under this Agreement, and no partial or single exercise of a right or remedy, will waive that or any other right or remedy. P. SEVERABILITY Any invalidity or unenforceability of all or part of a provision of this Agreement shall be severable and shall not affect the validity or enforceability of the remaining part of that provision or other provisions. Q. EXECUTION This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which shall constitute one and the same agreement. Signatures on this Agreement that are transmitted by fax, email or other electronic means shall be valid and binding. R. NO PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy for any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. IX-04 6 S. LIEN NOTICE – APPLICABLE TO PRIVATE PROJECTS IN MINNESOTA ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. T. GENERAL LIEN NOTICE - APPLICABLE TO PRIVATE PROJECTS IN LOCATIONS OTHER THAN MINNESOTA TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS A PARTY SUPPLYING LABOR OR MATERIALS FOR IMPROVEMENT TO PROPERTY, WE MAY FILE A LIEN AGAINST YOUR PROPERTY IF WE ARE NOT PAID IN ACCORDANCE WITH THIS AGREEMENT. IX-04 7 IN WITNESS WHEREOF, the parties hereto have made and executed the Agreement as of the day and year first above written. CITY OF HASTINGS WSB LLC By: By: Name: Name: Title: Title: By: Name: Title: IX-04 Exhibit A – Scope of Services and Compensation Page 1 Exhibit A I. Understanding The Client intends to retain the Consultant as the designated Public Works Director/City Engineer and to provide general engineering and other related professional services. Typical general services (not all-inclusive) are listed below. II. Scope of Services 1. BASIC SCOPE OF SERVICES AS PUBLIC WORKS DIRECTOR/CITY ENGINEER A. General Engineering and Project Management. Services include capital planning, policy updates, budgeting, and assistance with short and long-range street and utility planning and Public Works maintenance issues. B. Reports and Correspondence. Preparation of engineering reports and technical correspondence including: determination of need, preparation, review for compliance with City ordinances and policies, minor site plan reviews, and review of reports prepared by other agencies that are not included as part of a public improvement project or escrowed private development. C. Meeting Attendance. The Public Works Director/City Engineer or other Consultant staff members as approved will attend the following meetings: 1) City Council Meetings 2) City Council Workshops 3) Committee Meetings 4) Internal Meetings (Client Leadership Team and Supervisor Meetings, etc.) 5) External Meetings (Agency Meetings, Project Meetings, etc.) D. Liaison Support. Respond as liaison for engineering activities related to adjacent municipalities and regulatory agencies. E. Staff and Resident Support. Respond to staff and resident engineering inquiries and requests, including public presentations, evaluation of specific issues, and recommendations to staff and City Council. F. Construction Services. Services including monitoring of City and private projects, review of construction plans, and construction staking and surveying that are not included as part of a public improvement project or escrowed private development as identified in a separate proposal for services by Consultant. G. Document Library. Establish and maintain a library of permits and applications, contract documents, and other items as needed. H. Other services as requested. 2. PRELIMINARY REPORT/STUDY PHASE. A. Subject to further clarification and refinement on a project-by-project basis, the Consultant shall in proper time and sequence: 1) Consult with the Client representative to determine the requirements of the project, review available data, attend necessary conferences, and be available for general consultation. 2) Advise the Client as to the necessity of the Client’s providing or obtaining from others, data or services and assist the Client in obtaining such data and services. 3) Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project and participate in consultations with such authorities. 4) Make such preliminary studies, layouts, or field surveys to verify and supplement existing elevation and topographic information and preliminary cost estimates to clearly identify potential construction or financing problems. 5) Assist the Client in obtaining all required subsurface investigations as required for the preparation of the feasibility report. 6) Prepare a feasibility report on the preliminary engineering study of the project in sufficient detail to indicate the problems involved. The report shall include the desired phased program, if required, and the appropriate alternate solutions. The report will also include schematic layouts, sketches, conceptual design criteria with appropriate exhibits to indicate the considerations involved (including applicable requirements of governmental authorities having jurisdiction over the project), preliminary estimate of project cost, typical examples of proposed assessments preliminary identification of right-of-way and easement requirements, and the Consultant’s conclusions and recommendations. 7) Furnish copies of the feasibility report documents and review the feasibility report with Client staff. IX-04 Exhibit A – Scope of Services and Compensation Page 2 8) If required, the Consultant shall present the feasibility report to the proper reviewing agencies and to the City Council. The Consultant shall attend the public hearing for the project. 3. FINAL DESIGN PHASE A. Subject to further clarification and refinement on a project-by-project basis, the Consultant shall, in proper time and sequence: 1) On the basis of the accepted preliminary design documents and the current opinion of probable cost, prepare contract documents consisting of final drawings and specifications to show and describe the scope, extent, and character of the work to be furnished and performed by Contractor(s) including Advertisement for Bids, Instructions to Bidders, Bid Form, Form of Agreement, Performance and Payment Bond Form, General Conditions, Special Conditions, and Technical Specifications. 2) Provide technical criteria, written descriptions and design data for use in filing applications for routine permits or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project and assist the Client in consultations with appropriate authorities. The Consultant shall prepare and submit all permit applications to the appropriate agencies. The Client shall be responsible for all permit fees. 3) Advise the Client of any adjustments to the latest opinion of probable cost caused by changes in extent or design requirements of the project and furnish a current opinion of probable cost based on the drawings and specifications. 4) Prepare for review and approval by the Client, its legal counsel and other advisors contract agreement forms, general conditions, supplementary conditions, bid forms, advertisement for bid and instructions to bidders, and assist in the preparation of other related documents. 5) Attend necessary conferences and be available for general consultation. 6) Furnish three (3) copies of the above documents and of the drawings and specifications and present and review them in person with the Client, along with completing a plans-in-hand site inspection. Make minor revisions and adjustments as required following review by the Client. 4. BIDDING PHASE A. Subject to further clarification and refinement on a project-by-project basis, the Consultant shall in proper time and sequence: 1) Furnish plans and specifications for agency review and furnish copies to the Client for bidding and construction purposes as a part of this Contract. 2) Issue addenda as appropriate to interpret, clarify, or expand the bidding documents. 3) Assist the Client in obtaining and evaluating bids and awarding contracts for the construction of the project. 4) Consult with and advise the Client as to the acceptability of subcontractors, suppliers, and other persons and organizations proposed by the prime contractor(s) (herein called “Contractor(s)”) for the portions of the work as to which such acceptability is required by the bidding documents. 5) Consult with and advise the Client concerning and determining the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contracts is allowed by the bidding documents. 6) Attend bid opening and prepare bid tabulation sheets. 5. CONSTRUCTION PHASE A. Subject to further clarification and refinement on a project-by-project basis, the Consultant shall: 1) Consult with and advise the Client and act as the Client’s representative as provided in the contract documents, which may not be modified to affect Consultant’s responsibilities except by written agreement signed by the Client and the Consultant. 2) Conduct pre-construction conference to be attended by the Contractor, Client, and others as may be requested by the Client. 3) Make visits to the site at intervals appropriate to the various stages of construction to observe as an experienced and qualified design professional the progress and quality of the executed work of the Contractor(s), and to determine if such work is proceeding in accordance with the contract documents. During such visits and on the basis of the on-site observations, the Consultant will keep the Client informed of the progress of the work and will endeavor to identify for the Client defects and deficiencies in the work of the Contractor(s). This agreement does not require the Consultant to evaluate contractor’s safety methods. It is agreed that safety matters are Contractor’s responsibility, IX-04 Exhibit A – Scope of Services and Compensation Page 3 and that the Consultant shall be responsible only for the acts or omissions of its own employees. The Consultant may disapprove work as failing to conform to the contract documents. The Consultant shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Consultant shall be obligated, however, to disclose known dangerous circumstances to the Client. 4) Review samples, schedules, shop drawings, the result of tests and inspections, and other data which the Contractor is required to submit, but only for the conformance with the design concept of the project and compliance with the information given in the contract documents, (but such review shall not extend to means, methods, sequences, techniques, or procedures of construction or to safety precautions and programs incidental thereto). The Consultant shall receive and review (for general content as required by the specification), maintenance and operating instructions, schedules, guarantees, bonds, and certificates of inspection which are to be assembled by the Contractor in accordance with the contract documents. 5) Issue all instructions of the Client to Contractor; issue necessary interpretations and clarifications of the contract documents and in connection therewith prepare change orders as required for the Client’s approval and have authority, as the Client’s representative, to require special inspection or testing of the work. 6) Review the Contractor’s application for payment, determine the amount owing the Contractor and make recommendations to the Client regarding the payment thereof. The Consultant’s recommendations are based on on-site observations as an experienced and qualified design professional. The recommendations by the Consultant constitute a representation to the Client that to the best of their knowledge, information and belief, the work has progressed to the point indicated on said application and the quality of work is in accordance with the contract documents, subject to the results of any subsequent test called for by the contract documents and any qualifications stated in his recommendations. 7) Conduct, in the presence of the designated representative, a site visit to determine if the project is substantially complete and conduct a final site visit to determine if the work has been completed in accordance with the contract documents. Such site visits may include representatives from the Client and/or other involved governmental agencies. If the Contractor has fulfilled all of his obligations, the Consultant shall give written notice to the Client and the Contractor that the work is acceptable for final payment. 8) The Consultant shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the work. The Consultant shall be obligated, however, to disclose known dangerous circumstances to the Client. 9) The Consultant shall furnish the Client with a list detailing final quantities and costs in a letter stating to the best knowledge of the Consultant that the work is in compliance with the plans, specifications and change orders. 6. SCOPE OF SERVICES FOR PRIVATE DEVELOPMENT RELATED PROJECTS A. Subject to further clarification and refinement on a project-by-project basis, the Consultant shall: 1) Following written notice from the City Administrator or their designee, review the platting, concept, design, plans and specifications for each Development Project to determine that they comply with those written City Standards that have been approved by the City Council for such projects. Require the developer or their Consultant to submit the plans to appropriate utility companies and other concerned agencies for their review, concurrence and issuance of permits as required. Upon completion of the review, submit a written report to the City Administrator or their designee to assist City staff and the City Council in approving or disapproving the proposed Development Project. 2) Submit a written progress report to the City Administrator or their designee for each Development Project under construction. The report should include schedule and progress information. 3) Submit a written report to assist the City Administrator or their designee in determining that the project has been satisfactorily completed in accordance with written City Standards. 7. SCOPE OF ADDITIONAL SERVICES A. If authorized in writing by the Client, the Consultant shall furnish additional services of the following type: 1) GIS Support. Provide GIS support services to be billed hourly as requested. 2) MS4 Services. MS4 services to be billed hourly as requested. 3) Construction Services. Services including monitoring of City and private projects, review of construction plans, and construction staking and surveying that are not included as part of a public improvement project or escrowed private development. IX-04 Exhibit A – Scope of Services and Compensation Page 4 4) Document Library. Establish and maintain a library of permits and applications, contract documents, and other items as needed. 5) Subconsultant Services. Providing services of professional subconsultants as required for a particular project. 6) Surveying Services. Providing the type of surveying or related engineering services necessary for preparation of permanent and/or temporary easements, boundary surveys, or plat documents. 7) Plan Review. Review of developer’s plats and concept plans. Provide assistance to the developer in preparing a plat for improvement projects. 8) Additional services in connection with the project not otherwise provided for in this Agreement. III. Compensation 1. The Client shall pay the Consultant for Ryan Stempski to serve as the Public Works Director/City Engineer at a fee of $120/hour for services rendered through December 31, 2024. Following December 31, 2024, the Consultant shall evaluate this fee on an annual basis and adjust it to account for inflation and other factors. 2. All other services will be provided in accordance with Consultant’s current fee schedule. Consultant’s current fee schedule with hourly rates is attached to this Agreement. The rate schedule is for 2023; and will remain in effect for services rendered through December 31, 2023. 3. The fee schedule will be evaluated on an annual basis by the Consultant and adjusted to account for inflation and other factors. The Consultant will submit a revised fee schedule prior to December 31 on an annual basis. IX-04 2023 Rate Schedule WSBENG.COM Billing Rate/Hour SR. PRINCIPAL | SR. ASSOCIATE $235 PRINCIPAL | ASSOCIATE $173 – $223 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $173 – $223 PROJECT MANAGER $152 – $170 PROJECT ENGINEER | GRADUATE ENGINEER $102 – $169 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $68 – $167 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $78 – $162 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $68 – $160 PLANNER | SR. PLANNER $80 – $167 GIS SPECIALIST | SR. GIS SPECIALIST $78 – $167 CONSTRUCTION OBSERVER $104 – $135 SURVEY One-Person Crew $175 Two-Person Crew $235 OFFICE TECHNICIAN $60 – $102 Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. IX-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 6, 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) This item was pulled from the October 16, 2023 agenda due to insufficient members present to vote. 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. Alternate 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. This request was scheduled for City Council review on October 16, but there were not enough Councilmembers in attendance to vote on it. Council Committee Discussion: N\A Attachments: X-C-01 • Resolution for approval • Planning Commission memo – October 9, 2023 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: X-C-01 That the City Council hereby approves the variance request as presented based on the following findings of fact and conclusions: 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 and not applicable to others in the same district. 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. X-C-01 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 6th day of November 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 Adopted by the Hastings City Council on November 6, 2023, by the following vote: Ayes: Nays: Absent: ATTEST: ______________________________ Mary Fasbender, Mayor Kelly Murtaugh (City Seal) 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 X-C-01 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 X-C-01 X-C-01 Elevation Profile X-C-01 View A View B A B X-C-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 6, 2023 Item: Resolution: SUP and Site Plan - #2023-40 Auto Repair Service – 3000 Lightbourn Ct. Council Action Requested: Consider the request by Gregg Lowe for a SUP (Special Use Permit) and site plan application and act on the attached resolutions. Approval of a SUP requires 6 of 7 Councilmembers and site plan requires a simple majority. Background Information: Service establishments as a primary use require special review within the I-1 Industrial Park Zoning District. The applicant is proposing to use the existing site for new construction of an auto repair facility. The City Council approved the transfer of the property to HEDRA on June 5, 2023. This was to facilitate the property sale to Mr. Lowe after receiving SUP and site plan approvals. Please see the attached October 23, 2023, updated Planning Commission Staff Report for further information. Financial Impact: Sale of the property will generate $93,654 ($2.15 per s.f.) in revenue and place an existing tax exempt parcel on the tax rolls. Advisory Commission Discussion: The Planning Commission voted 4-0 to recommend approval of the requests at the October 23, 2023 meeting. No members of the public spoke Council Committee Discussion: N\A Attachments: • Resolution – Site Plan • Resolution – SUP • Planning Commission Staff Report – October 23, 2023 X-C-02(a,b) HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SITE PLAN APPROVAL FOR AN AUTO REPAIR FACILITY LOCATED AT 3000 LIGHTBOURN COURT Council member _______________________ introduced the following Resolution and ___________________ moved its adoption: WHEREAS, Gregg Lowe has petitioned for Site Plan approval to construct an auto repair facility generally located at 3000 Lightbourn Ct, legally described as Lot 8, Block 2, HASTINGS INDUSTRIAL PARK NO. 7, Dakota County, Minnesota; and WHEREAS, on October 23, 2023, review was conducted before the Planning Commission of the City of Hastings as required by state law, city charter, and city ordinance; and WHEREAS, the Planning Commission recommended approval of the site plan to the City Council, subject to the conditions contained in this resolution; and WHEREAS, The City Council has reviewed the request 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 special use permit as presented to the City Council subject to the conditions: 1. Conformance with the plans submitted with the City Council Staff Report dated November 6, 2023. 2. All disturbed areas on the property shall be protected for erosion control. 3. Approval of a building permit. 4. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. 5. The City Engineering Department must approve the grading, drainage, and erosion control plan. 6. City of Hastings right-of-way permits are needed for the proposed entrance. X-C-02(a,b) Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. 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 6th of November 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 East 4th Street Hastings, Minnesota 55033 X-C-02(a,b) HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SPECIAL USE PERMIT APPROVAL FOR OPERATION OF AN AUTO REPAIR FACILITY LOCATED AT 3000 LIGHTBOURN COURT Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Gregg Lowe has petitioned for Special Use Permit approval to operate a retail and service business (auto repair) within the I-1 Industrial Park Zoning District generally located at 3000 Lightbourn Ct., legally described as Lot 8, Block 2, HASTINGS INDUSTRIAL PARK NO. 7, Dakota County, Minnesota; and WHEREAS, on October 23, 2023, a public hearing and review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request, subject to the conditions hereunder; 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 Special Use Permit as presented subject to the following conditions: 1) Approval of a Site Plan for construction of the building and development of the property. 1) Conformance with the plans submitted with the City Council Staff Report dated November 6, 2023. 2) There shall be no outdoor storage of damaged or inoperable vehicles. 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,b) Adopted by the Hastings City Council on November 6, 2023, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (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 6th day of November, 2023, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 X-C-02(a,b) To: Planning Commission From: Justin Fortney, City Planner Date: October 23, 2023 Item: Public Hearing: Special Use Permit and Site Plan – #2023-40 Service Use – 3000 Lightbourn Ct Planning Commission Action Requested: Hold a public hearing and consider a request from Gregg Lowe to construct and operate an auto repair service business with a Special Use Permit at 3000 Lightbourn Ct. Background Existing Condition The 1-acre site is vacant and relatively flat. The property is owned by HEDRA (Hastings Economic Development and Redevelopment Authority). The applicant and HEDRA have an agreement for the sale of land for the proposed use. Planning Committee of City Council Review N\A Comprehensive Plan Classification The site is designated as “Industrial” in the 2030 Hastings Comprehensive Plan. The proposed use is consistent with the Plan. Adjacent Zoning and Land Use The following land uses abut the site. Existing Use Zoning Comprehensive Plan North CrossFit HSC and storage I-1 – Industrial Park Industrial East Mini-storage I-1 – Industrial Park Industrial South Dental lab/ office, office proposed I-1 – Industrial Park Industrial West Miller Electric I-1 – Industrial Park Industrial Planning Commission Memorandum X-C-02(a,b) Site Plan Review Vehicular Access and Circulation The proposed parking lot has an entrance onto Lightbourn Court. Building Setbacks There are no prescribed minimum setbacks within the zoning district, however, proposed setbacks are reviewed durring site plan review for conformaty with the area. Building setbacks are shown below. Staff believes the proposed setbacks are consistent with the area. Required Parking Parking meets minimum requirements below. The building is primarily service stalls with a bathroom, office, waiting room, and mezzanine above the bathroom, office, waiting room. Proposed South ~ 25 feet East – Lightbourn Court ~ 80-100 feet North ~ 45 feet West ~ 108 feet Required Parking Number Requirement Needed Service stalls 7 2/ service stall 14 Gas station 0 1/ per 200 Sf 0 Office 1 1/ per 300 Sf 1 Total Provided 18 Architectural Design The applicant is proposing a front facade with masonry wainscoting and porch columns along with lap siding and windows. This treatment will wrap around to the north side but with vertical siding. The balance of the siding is proposed as ribbed or corrugated metal. The west (rear) and south building elevations are proposal as all metal with a different color wainscoting. The south elevation is fairly visible from 31st St E and Lightbourn Ct and they have included some higher class materials incorporated from the front. Landscape Plan The proposed landscaping meets the requirements with 24 trees, 21 bushes, shrubs, and a landscaped berm to match the area landscaping theme. Lighting Plan A photo metric plan shows low light levels at the site perimeter. Proposed lights must be downcast and automatically controlled. Grading, Drainage, Erosion Control and Utility Plan Review The drainage, grading and erosion control plan is being reviewed by the City Engineering Department for compliance. X-C-02(a,b) Recommendation Approval of the Site Plan is recommended subject to the following conditions: 1. Conformance with the plans submitted with the Planning Commission Staff Report dated October 23, 2023 2. All disturbed areas on the property shall be protected for erosion control. 3. Approval of a building permit. 4. Approval is subject to a one-year Sunset Clause; if significant progress is not made towards the proposal within one year of City Council approval, the approval is null and void. 5. The City Engineering Department must approve the grading, drainage, and erosion control plan. 6. City of Hastings right-of-way permits are needed for the proposed entrance. Special Use Permit Review Proposed Use City Code Chapter 155.34, Section C.1 identifies retail and service establishments as primary uses of a building or property as “Uses by Special Permit” within the I-1 Industrial Park Zoning District. The applicant is proposing to use the existing site for new construction of an auto repair facility. The two western repair stalls are subdivided from the building and are intended to be for lease. Screening of Exterior Storage Any outdoor storage is required to be screened. No expired or inoperable vehicles may be stored outside. Analysis The site layout is designed well for the proposed use. The proposed use should not create higher volumes of traffic or nuisances than other area uses. Notification Notice was published and sent to property owners within 350-feet of the subject property. No comments have been received. Recommendation Approval of the Special Use Permit for auto repair services is recommended. Attachments • Location Map • Site Photos • Site Plans X-C-02(a,b) Location Map X-C-02(a,b) Two views from Lightbourn Court Above view from 31st St E and Lightbourn Ct intersection X-C-02(a,b) Front Rear Right (north) Left (south) Right (north) X-C-02(a,b) X-C-02(a,b) X-C-02(a,b) X-C-02(a,b) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: November 6, 2023 Item: Resolution: SUP - #2023-43 Tax and Financial Service – 1945 31st St E. Council Action Requested: consider a request from Brian Radke for BMMK, LLC. for a Special Use Permit to operate a tax and financial service business at 1945 31st St E. and act on the attached resolutions. Approval of a SUP requires 6 of 7 Councilmembers. Background Information: Service establishments as a primary use require special review within the I-1 Industrial Park Zoning District. The applicant is proposing to use an existing building that was used as a dental lab. Please see the attached October 23, 2023, updated Planning Commission Staff Report for further information. Financial Impact: N/A Advisory Commission Discussion: The Planning Commission voted 4-0 to recommend approval of the requests at the October 23, 2023 meeting. No members of the public spoke Council Committee Discussion: N\A Attachments: • Resolution – SUP • Planning Commission Staff Report – October 23, 2023 X-C-03 X-C-03 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING SPECIAL USE PERMIT APPROVAL FOR OPERATION OF A TAX AND FINANCIAL SERVICE BUSINESS LOCATED AT 1945 31ST STREET E Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Brian Radke for BMMK, LLC. has petitioned for Special Use Permit approval to operate a tax and financial service business within the I-1 Industrial Park Zoning District generally located at 1945 31st St E., legally described as Lot 7, Block 2, HASTINGS INDUSTRIAL PARK NO. 7, Dakota County, Minnesota; and WHEREAS, on October 23, 2023, a public hearing and review was conducted before the Planning Commission of the City of Hastings, as required by state law, city charter, and city ordinance; and WHEREAS, The Planning Commission recommended approval of the request, subject to the conditions hereunder; 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 Special Use Permit as presented. 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 November 6, 2023, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk (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 6th day of November, 2023, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 X-C-03 To: Planning Commission From: Justin Fortney, City Planner Date: October 23, 2023 Item: Public Hearing: Special Use Permit – #2023-43 Service Use – 1945 31st St E. Planning Commission Action Requested: Hold a public hearing and consider a request from Brian Radke for BMMK, LLC. for a Special Use Permit to operate a tax and financial service business at 1945 31st St E. Background Existing Condition The 1-acre site consists of a 5,100 Sf building formerly used as a dental laboratory office. The site was developed in 2009. Planning Committee of City Council Review N\A Comprehensive Plan Classification The site is designated as “Industrial” in the 2030 Hastings Comprehensive Plan. The proposed use is consistent with the Plan. Adjacent Zoning and Land Use The following land uses abut the site Existing Use Zoning Comprehensive Plan North Vacant/ auto repair proposed I-1 – Industrial Park Industrial East Mini-storage I-1 – Industrial Park Industrial South Vacant Marshan Township Future Residencial West Wearhouse I-1 – Industrial Park Industrial Planning Commission Memorandum X-C-03 Special Use Permit Review Proposed Use City Code Chapter 155.34, Section C.1 identifies retail and service establishments as primary uses of a building or property as “Uses by Special Permit” within the I-1 Industrial Park Zoning District. The applicant is proposing to use the existing site for tax and financial services. Screening of Exterior Storage No storage is proposed. Analysis The site layout is designed well for the proposed use and it is situated well. The proposed use will not create higher volumes of traffic than the former or other area uses. Notification Notice was published and sent to property owners within 350-feet of the subject property. No comments have been received. Recommendation Approval of the Special Use Permit to allow tax and financial services is recommended. Attachments • Location Map • Site Photos X-C-03 Location Map X-C-03 X-C-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 6, 2023 Item: National Class Action Settlements - PFAS Council Actions Requested: Opt out of national class action settlements against 3M Company and EI DuPont de Nemours and Company. 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 between $2.7M and $4.6M from 3M and $260K and $440K from DuPont, likely on the lower end of these ranges. Please note: this is more than we had previously estimated but still far less than the estimated $69M to construct three treatment plants plus operation and maintenance of $880K to $1M per year, increasing over time. Participation in the class action settlement would preclude the City making additional claims against 3M and DuPont. We are presently working with the Minnesota Pollution Control Agency “superfund” process for additional investigation to determine if there is a direct link from the 3M Cottage Grove disposal site and Hastings’ drinking water supply. 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-01