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20231120 - CC Packet
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 CITY OF HASTINGS CITY COUNCIL AGENDA Monday, November 20, 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 November 6, 2023. VI. COMMENTS FROM THE AUDIENCE Comments from the audience may include remarks about items listed on the Consent Agenda. VII. COUNCIL ITEMS TO BE CONSIDERED VIII. CONSENT AGENDA The items on the Consent Agenda are items of routine nature or no perceived controversy to be acted upon by the City Council in a single motion. There will be no discussion on these items unless a Councilmember so requests, in which event the items will be removed from the Consent Agenda to the appropriate Department for discussion. 1. Pay Bills as Audited 2. Resolution: Accept Donation from the Connelly Family to the Parks and Recreation Department 3. Resolution: Approve Comprehensive Plan Amendment – South Oaks of Hastings 4th Addition 4. Resolution: Terminate Former Development Agreement and Approve New Development Agreement - South Oaks of Hastings 4th Addition 5. Approve Pay Estimate No. 6 for the 2023 Neighborhood Infrastructure Improvements – BCM Construction, Inc. ($433,016.22) 6. Approve 2023 3rd Quarter Report 7. Review Commercial Recycling Study 8. Approve Budget Amendment: Police Station Heating & Cooling Automation 9. Pre-Authorize Purchase of Bluebeam Plan Review Software 10. Certify Assessment of Delinquent Balances: Tree Removal/Treatment, Administrative Citations, and Abatements 11. Certify Assessment of Delinquent Utility Bills IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. 1. Authorize Signature: Agreement Amendment No. 2 with Apex Facility Solutions, 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. 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 A. Public Works B. Parks and Recreation C. Community Development 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, December 4, 2023 7:00 p.m. Hastings, Minnesota City Council Meeting Minutes November 6, 2023 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, November 6, 2023 at 7:00 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Folch, Fox, Haus, Lawrence, Leifeld, and Pemble Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Kori Land Community Development Director John Hinzman Public Works Director Ryan Stempski Comments from the Audience John Strohfus, 14530 90th Street, Denmark Township related to the agriculture lease land option and was an applicant for the option B and appreciated the opportunity to seek the lease. Mr. Strohfus offered his thoughts on the need to incentivize farming related to environmentally friendly options. Council Items to be Considered City Administrator asked to pull item X-E-01 from the agenda and delayed until the next meeting. 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 16, 2023. Minutes were approved as presented. Consent Agenda Councilmember Leifeld motioned to approve the Consent Agenda as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays 1.Pay Bills as Audited 2.Resolution No. 11-01-23: Accept Donation from the Community Halloween Party to the Parks and Recreation Department 3.Resolution No. 11-02-23: Accept Donation from the Schweich Family to the Parks and Recreation Department 4.Resolution No. 11-03-23: Accept Donation from Robert & Shirley Frembgen to the Hastings Police Department 5.Resolution No. 11-04-23: Accept Donation from Robert & Shirley Frembgen to the Hastings Fire Department 6.Approve Special Event Designation: Holiday Train 7.Resolution No. 11-05-23: 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 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 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 9. Approve Snow Plowing and Ice Control Policy 10. Approve Assessment Abatement for 2023 Neighborhood Infrastructure Improvements 11. Resolution 11-06-23: Supporting and Authorizing Application to MnDOT for the Local Road Improvement Program (LRIP) for the TH 61 Project 12. Resolution 11-07-23: 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 No. 11-08-23: 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 Award Contract: Hastings Industrial Park Agriculture Lease Hinzman provided an overview of the request to award the 2024 – 2026 Industrial Park Agriculture Lease contract. 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 Drinking Water Supply Management Areas (DWSMA) the City began requiring best practice requirements for applying nitrogen at minimum levels and alternating crops. There were two requests for bids; one for corn/soybeans (option A) and the other for a low nitrogen perennial crop (option B). The request for bids stated that the award will be based on qualifications, bid price, and crop option. Hinzman reviewed the bids received for option A and option B. Staff recommends awarding the 2024 – 2026 agricultural lease to Dave and Joe Birk for 233.00 per acre as it was the most competitive offer. Hinzman invited Dakota County Soil and Water Conservation, Ashley Gallagher, and Mitch Hunter, Forever Green Initiative to discuss the initiative. They expressed appreciation to the City for offering the option that would not add to the nitrates and have a more positive influence on the drinking water, while experiencing an economic gain. The FGI helps educate about the cover crops and protecting drinking water. Council discussion on learning about the nitrates and the watershed district in the past and that government can take the lead on green initiatives and the potential income loss is small and recommends that the bid for Option B be awarded the contract. Councilmember Pemble motioned to award the contract to Strohfus Farms in the Option B, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Authorize Signature: Amend Contract – Miller Dunwiddie Hinzman provided an overview of the request to authorize signature to amend the contract for the City Hall HVAC and Architecture Design Services. This amendment for additional services would include additional HVAC design work to combine City Hall and the Police Department building heating plants to one and include updated drawings and bidding work for the second and third dome roof requests for bids. Hinzman reviewed the proposals for professional services asking Council to consider authorizing the contract amendment with Miller Dunwiddie, Inc. 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 Council discussion on the services of the original contract and the cost savings in the HVAC project due to combining of City Hall and Police Department heating plants. Councilmember Folch motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. Resolution No. 11-09-23: Authorize Signature: Renaissance Roofing – City Hall Dome Replacement ($3,294,805) Hinzman provided an overview of the request to authorize signature and award contract for the City Hall Dome Roofing Project to Renaissance Roofing, Inc. As part of the larger City Hall repair project, the dome roofing portion was the most difficult to procure a bid. As indicated previously, the project was advertised three times. Multiple firms attended some or all pre-bid walkthroughs. Miller Dunwiddie, the project architecture firm amended the proposal each time to reduce any possible bidder apprehension. Hinzman reviewed the repairs and the total base bid asking Council to consider awarding the contract to Renaissance Roofing, Inc. in the amount of $3,294,805. Council discussion on the paint versus the gilding of the top of the dome with support of the historic preservation. Preservation of the asset is of great importance and has been a topic of discussion for many years and the costs have continue to rise during this time. Discussion on clarification of the scope of the project to include the entire roof of City Hall. Hinzman recognized the depth of knowledge staff has in this project. Councilmember Folch motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Authorize Signature: Professional Service Agreement with WSB, LLC Wietecha provided an overview of the request to approve the professional service agreement with WSB, LLC with Ryan Stempski as Public Works Director/Engineer. The City has contracted with Focus Engineering since 2015 for City Engineer service. This has been an embedded position with Stempski as part of the Public Works Department. Because of upcoming changes at Focus Engineering, Ryan has resigned there, and began working with WSB & Associates on October 30th. Wietecha shared Stempski brings expertise to large projects and day-to-day activities of Public Works. The contract continues the partnership from Focus to WSB with Stempski as our Public Works Director effective October 30th, 2023. Council discussion on the structure of the prior contract and the new contract. Wietecha indicated there are no changes between the contracts, sharing discussions will take place in the future of how this structure fits within the Public Works Department overall. Council expressed appreciation for Stempski’s work with the City. Councilmember Fox motioned to approve as presented, seconded by Councilmember Haus. 7 Ayes, 0 Nays. Sign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Resolution No. 11-10-23: Variance – Front Yard Setback – Ground Mounted Solar – Dakota County (1590 Highway 55) Hinzman provided an overview of the request for a variance to the requirement that ground-mounted accessory solar arrays may not be in the front yards of principal structures, as provided in City Code. 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. The applicant believes the site is a good location and that the others on site are not feasible. Hinzman provided additional details for the proposed request also sharing notice was given to property owners within 350-feet of the property and have not received any comments. Hinzman indicated granting the variance is recommended based on the information from the review provided. Council discussion on the lifespan of a solar array and the length of permitted use. The Dakota County representative anticipates a 25-30-year lifespan. Council discussion on the maintenance of the grounds and placement of the array. Representatives indicated the area will be fenced in, trees added, with ground cover. The area has a slight sloping area down and away from Hwy 55. Taud Hoopingarner, Parks, Facilities and Fleet Director for Dakota County, indicated the fence would be a black vinyl coated chain link fence, vegetation, will keep the array out of view. Councilmember Fox motioned to approve as presented, seconded by Councilmember Pemble. 7 Ayes, 0 Nays. Gregg Lowe Automobile Repair Facility (3000 Lightbourn Court) a. Resolution No. 11-11-23: Special Use Permit b. Resolution No. 11-12-23: Site Plan Hinzman provided an overview of the request to consider the construction and operation of an auto repair facility business with a Special Use Permit at 3000 Lightbourn Court. Hinzman reviewed the proposed structure and site photos. He indicated the currently vacant 1-acre lot 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. Hinzman reviewed the properties surrounding the site and provided a summary of the staff recommended conditions for approval. No Council discussion. Councilmember Haus motioned to approve both items as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. Resolution No. 11-13-23: Special Use Permit – BMMK, LLC (1945 31st Street E) Hinzman provided an overview of the request to consider the request for BMMK, LLC for a Special Use Permit to operate a tax and financial service business at 1945 31st Street East. The 1-acre lot consists of a 5,100 square foot building formerly used as a dental laboratory office developed in 2009. Hinzman reviewed the properties surrounding the site sharing notification was provided to property owners within 350- feet of the property and that no comments have been received. Hinzman shared staff recommendation for approval of the request. 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 No Council discussion. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. National Class Action Settlements - PFAS Item was pulled from the agenda and will be added to a future agenda. Announcements • Happy Birthday, John Hinzman! • City Offices will be closed Friday, November 10 in observance of Veterans Day. • There are several events in town in recognition of Veterans Day: o Salute to Veterans at Hastings High School – Friday, November 10 at 10 am. o United Heroes League Ice Rink Ribbon Cutting and Memorial will be open for Veteran’s Day Observance – Saturday, November 11 at Noon. o Community Veterans Dinner & Program hosted by VFW – Saturday, November 11 at 5 pm at 2nd Street Depot. o River Valley Band and 204th Army Band Concert – Sunday, November 12. • Friends of Pleasant Hill Library hosts its Used Book Sale Friday to Sunday, November 17-19. • Election day on Tuesday, November 7. City Hall is not a polling place for this election. _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor Meetings •Arts & Culture Commission Meeting on Wednesday, November 8, 2023 at 6:00 p.m. •HEDRA Meeting on Thursday, November 9, 2023 at 6:00 p.m. •Administration Committee Meeting on Monday, November 13, 2023 at 7:00 p.m. •Planning Commission Meeting on Monday, November 13, 2023 at 7:00 p.m. •Charter Commission Meeting on Tuesday, November 14, 2023 at 6:00 p.m. •Parks & Recreation Commission Meeting on Wednesday, November 15, 2023 at 6:00 p.m. - Cancelled •Public Safety Advisory Commission Meeting on Thursday, November 16, 2023 at 6:30 p.m. •City Council Regular Meeting on Monday, November 20, 2023 at 7:00 p.m. Councilmember Leifeld motioned to adjourn the meeting at 7:58 PM, seconded by Councilmember Pemble. Ayes 7; Nays 0. City Council Memorandum To: Mayor Fasbender & City Council Members From: Ashley Bertrand – Assistant Finance Manager Date: 11/16/2023 Item: Disbursements Council Action Requested: Staff requests: Council review of October 2023 CenterPoint, Xcel, Wex, Health Insurance payments. Council review of weekly routine disbursements issued 11/14/2023. Council approval of routine disbursements, capital purchases and employee reimbursements to be issued 11/21/2023. 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: October 2023 Centerpoint Payment $ 3,234.32 October 2023 Xcel Payment $ 54,955.64 October 2023 Wex Admin Fee Payment $ 205.25 October 2023 Health Ins Payment $ 176,749.23 Disbursement Checks, Hedra & EFT issued on 11/14/2023 $ 472,838.06 Disbursement Checks, Hedra & EFT to be issued on 11/21/2023 $ 646,863.23 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ● Disbursement Reports VIII-01 Dept Account Amount Police 101-140-1403-6345 62.50 City Hall 101-140-1404-6345 153.34 City Storage 101-140-1407-6345 65.00 Alt Learning Ctr 101-401-4143-6345 31.22 Parks 200-401-4440-6345 61.07 Jt Maint 200-401-4447-6345 74.35 Pool 201-401-4240-6345 1,447.47 Fire 213-210-2100-6345 113.92 Le Duc 220-450-4160-6345 65.00 Water 600-300-3300-6345 113.71 Water 600-300-3302-6345 42.50 Garage 601-300-3400-6345 53.71 Arena 615-401-4103-6345 950.53 TOTAL 3,234.32 CENTERPOINT ENERGY October Payment VIII-01 Xcel Acct #Amount Date Paid Account # 51-6960213-7 4,233.96 29-Sep 101-140-1403-6343 51-6960213-7 2,775.10 27-Oct 101-140-1403-6343 51-6960208-0 1,523.72 11-Oct 101-140-1404-6343 51-8110141-1 109.41 11-Oct 101-140-1407-6343 51-6960219-3 69.82 10-Oct 101-201-2016-6343 51-6960219-3 1.79 11-Oct 101-201-2016-6343 51-6960210-4 181.04 11-Oct 101-300-3100-6343 51-6960210-4 905.19 11-Oct 101-301-3200-6343 51-0011278454-9 71.36 11-Oct 101-302-3201-6343 51-0263715-0 434.43 11-Oct 101-302-3201-6343 51-6960218-2 14,657.44 19-Oct 101-302-3201-6343 51-0011082067-5 320.19 11-Oct 200-401-4440-6343 51-6960215-9 1,002.58 11-Oct 200-401-4440-6343 51-6960220-6 1,033.26 10-Oct 200-401-4447-6343 51-6960209-1 318.95 27-Oct 201-401-4240-6343 51-6960214-8 1,409.75 10-Oct 213-210-2100-6343 51-7216831-9 586.42 11-Oct 220-450-4160-6343 51-6960216-0 17,492.42 29-Sep 600-300-3300-6343 51-6960210-4 724.15 11-Oct 600-300-3300-6343 51-6960216-0 6,081.11 29-Sep 600-300-3302-6343 51-6960217-1 1,023.55 9-Oct 601-300-3400-6343 TOTAL 54,955.64 XCEL AUTOMATIC PAYMENTS Oct 2023 Payments VIII-01 Account Description Account Amount Employer Paid HRA/HSA Admin Fee - Administration 101-105-1051-6131 8.25 Employer Paid HRA/HSA Admin Fee - City Clerk 101-107-1071-6131 10.59 Employer Paid HRA/HSA Admin Fee - Finance 101-120-1201-6131 16.50 Employer Paid HRA/HSA Admin Fee - Planning 101-150-1501-6131 2.75 Employer Paid HRA/HSA Admin Fee - IT 101-160-1601-6131 5.50 Employer Paid HRA/HSA Admin Fee - Police 101-201-2010-6131 99.00 Employer Paid HRA/HSA Admin Fee -Building Safety 101-230-2301-6131 13.75 Employer Paid HRA/HSA Admin Fee-Code Enforcement 101-230-2302-6131 2.75 Employer Paid HRA/HSA Admin Fee - Engineering 101-300-3100-6131 6.46 Employer Paid HRA/HSA Admin Fee - Streets 101-301-3200-6131 12.10 Employer Paid HRA/HSA Admin Fee - Parks 200-401-4440-6131 27.50 Employer Paid HRA/HSA Admin Fee - Cable 205-420-4201-6131 0.41 Employer Paid HRA/HSA Admin Fee - Historical 210-170-1702-6131 0.69 Employer Paid HRA/HSA Admin Fee - Fire 213-210-2100-6131 11.00 Employer Paid HRA/HSA Admin Fee - Ambulance 213-220-2200-6131 46.75 Employer Paid HRA/HSA Admin Fee - Econ. Develop.407-180-6003-6131 4.81 Employer Paid HRA/HSA Admin Fee - Water 600-300-3300-6131 12.65 Employer Paid HRA/HSA Admin Fee - Wastewater 601-300-3400-6131 8.94 Employer Paid HRA/HSA Admin Fee - Storm Water 603-300-3600-6131 7.98 Employer Paid HRA/HSA Admin Fee - Arena 615-401-4103-6131 5.50 Employer Paid HRA/HSA Admin Fee - Hydro 620-300-3500-6131 1.38 TOTAL 305.25 WEX Admin Fee October Payment VIII-01 ACCOUNT DESCRIPTION ACCOUNT #AMOUNT Medical Insurance Withholding 101-000-0000-2185 16,271.65 COBRA Paid Insurance 101-000-0000-2185 5,980.08 Employer Paid Health Ins. - Administration 101-105-1051-6131 723.81 Employer Paid Health Ins. - Communications 101-107-1061-6131 1,378.53 Employer Paid Health Ins. - City Clerk 101-107-1071-6131 2,329.83 Employer Paid Health Ins. - Finance 101-120-1201-6131 4,849.63 Employer Paid Health Ins. - Maintenance 101-140-1401-6131 1,695.27 Employer Paid Health Ins. - Planning 101-150-1501-6131 992.67 Employer Paid Health Ins. - IT 101-160-1601-6131 3,777.41 Employer Paid Health Ins. - Police 101-201-2010-6131 36,851.04 Employer Paid Health Ins. -Building Safety 101-230-2301-6131 4,614.68 Employer Paid Health Ins.-Code Enforcement 101-230-2302-6131 1,621.80 Employer Paid Health Ins. - Engineering 101-300-3100-6131 2,249.73 Employer Paid Health Ins. - Streets 101-301-3200-6131 3,628.89 Medical Insurance Withholding 200-000-0000-2185 2,085.18 Employer Paid Health Ins. - Parks 200-401-4440-6131 11,067.70 Medical Insurance Withholding 205-000-0000-2185 104.26 Employer Paid Health Ins. - Cable 205-420-4201-6131 243.27 Employer Paid Health Ins. --Heritage 210-170-1702-6131 180.95 Medical Insurance Withholding 213-000-0000-2185 4,747.63 Employer Paid Health Ins. - Fire 213-210-2100-6131 4,801.06 Employer Paid Health Ins. - Ambulance 213-220-2200-6131 20,547.40 Medical Insurance Withholding 220-000-0000-2185 128.22 Employer Paid Health Ins. - Leduc 220-450-4160-6131 299.16 Medical Insurance Withholding 407-000-0000-2185 578.33 Employer Paid Health Ins. - Econ. Dev.407-180-6003-6131 2,073.24 Medical Insurance Withholding 600-000-0000-2185 290.60 Employer Paid Health Ins. - Water 600-300-3300-6131 4,775.03 Medical Insurance Withholding 601-000-0000-2185 282.08 Employer Paid Health Ins. - Wastewater 601-300-3400-6131 3,454.43 Medical Insurance Withholding 603-000-0000-2185 629.62 Employer Paid Health Ins. - Storm Water 603-300-3600-6131 3,433.26 Medical Insurance Withholding 615-000-0000-2185 695.06 Employer Paid Health Ins. - Arena 615-401-4103-6131 2,424.81 Medical Insurance Withholding 620-000-0000-2185 0.00 Employer Paid Heatlh Ins. - Hydro 620-300-3500-6131 402.30 Employer Paid Health.Ins. - Retirees 701-600-6002-6131 26,540.60 TOTAL 176,749.23 Health Insurance Payment Oct-23 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ NON-DEPARTMENTAL GENERAL STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 813.14 DEC LIFE INS PREMIUM 57.59 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 222.94 NOV 2023 VISION PREMIUM 18.30 METROPOLITAN COUNCIL ENVIRONMENTAL SER OCTOBER SAC 2,485.00 _ TOTAL: 3,596.97 COUNCIL & MAYOR GENERAL STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 34.30 _ TOTAL: 34.30 ADMINISTRATION GENERAL INNOVATIVE OFFICE SOLUTIONS, LLC CITY HALL-BACKORDERED ITEM 4.44 OFFICE SUPPLIES - CITY HAL 121.08 OFFICE SUPPLIES - CITY HAL 79.75 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 22.10 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 4.90 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE-CITY HALL 1&2 385.71 _ TOTAL: 617.98 CITY CLERK GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 14.19 DEC 2023 LTD PREMIUM 49.20 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 14.70 DEC LIFE INS PREMIUM 4.17 _ TOTAL: 82.26 FINANCE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 67.34 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 19.60 _ TOTAL: 86.94 LEGAL GENERAL LEVANDER, GILLEN & MILLER, P.A. RETAINER 2,250.00 EASEMENT FOR MONUMENT SIGN 495.50 MISC. POLICE DEPARTMENT 666.50 MISC PARKS AND RECREATION 666.50 RETAINER 2,250.00 CBD ORDINANCE 46.50 EASEMENT FOR MONUMENT SIGN 1,226.50 MISC. COMMUNITY DEVELOPMEN 86.25 SRO WITH ISD 200 372.00 _ TOTAL: 8,059.75 FACILITY MANAGEMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 13.31 SIGNARAMA ROSEVILLE MONUMENT SIGN - HWY 55 5,000.00 MILLER DUNWIDDIE ARCHITECTURE, INC CH ARCHITECURAL/HVAC PLANS 29,064.98 CH ARCHITECURAL/HVAC PLANS 1,054.84 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 4.17 DALCO F.C. INDUSTRIAL SOAP 118.77 JANITORIAL SUPPLIES - C.H. 190.20 JANITORIAL SUPPLIES - P.D. 188.00 JANITORIAL SUPPLIES - F.D. 84.24 C-AIRE, INC. P.D. AIR COMPRESSOR FILTER 258.20 ELECTRO WATCHMAN, INC F.C. REMOVING A SECURITY C 25.00 TERRYS HARDWARE, INC. P.D. PARTS 9.78 P.D. PARTS 27.58 VIKING AUTOMATIC SPRINKLER C.S. 5-YEAR ANNUAL INSPECT 2,175.00 _ TOTAL: 38,214.07 COMMUNITY DEVELOPMENT GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 19.89 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 4.90 _ TOTAL: 24.79 I.T. GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 53.91 SHI INTERNATIONAL CORP ADOBE CREATIVE CLOUD - MEN 1,044.96 ADOBE INDESIGN - SKELLY 442.50 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 14.70 MARCO TECHNOLOGIES, LLC MBG LICENSE 182.14 PHONE SYSTEM VIRTUALIZATIO 2,475.00 PHONE SYSTEM VIRTUALIZATIO 720.00 ALTERNATIVE BUSINESS FURNITURE OFFICE CHAIR FOR DAVE 394.00 DAKOTA COUNTY FINANCE NOV 23 IT SERVER LEASE 250.00 _ TOTAL: 5,577.21 POLICE GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 664.46 MARIE RIDGEWAY LICSW LLC EMPLOYEE THERAPY SESSIONS 160.00 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 176.36 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- POLICE (1&2 277.59 HOLIDAY STATIONSTORES LLC OCT 2023 CAR WASHES FOR P. 44.00 DAKOTA 911 DCC FEE / 2023 DECEMBER 29,679.33 PAYTON WALSER WALSER COURT PAYMENT 193.20 GRAPHIC DESIGN BUSINESS CARDS- 5 PD EMPLO 189.00 _ TOTAL: 31,383.94 BUILDING & INSPECTIONS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 92.67 DEC 2023 LTD PREMIUM 15.22 KLETSCHKA INSPECTIONS, LLC ELECTRICAL INSPECTIONS 9,323.20 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 29.40 DEC LIFE INS PREMIUM 4.90 HASTINGS FORD OIL CHANGE - BLDG-ALANA 86.94 _ TOTAL: 9,552.33 PUBLIC WORKS GENERAL SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 43.91 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 14.95 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- PW ENGINEERI 50.13 _ TOTAL: 108.99 PUBLIC WORKS STREETS GENERAL PRECISE MOBILE RESOURCE MGMT. LLC DATA PLAN 150.00 RUBINS LAWNCARE, LLC MOWING CONTRACT 1,575.00 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 73.18 HOMETOWN ACE HARDWARE FASTENERS 8.00 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 17.15 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- PW STREETS 50.12 DALCO JANITORIAL SUPPLIES - P.W. 188.00 CRYSTEEL TRUCK EQUIPMENT DUMP TRUCK 122,596.00 FORCE AMERICA CABLES, PANEL MOUNT 122.85 TERRYS HARDWARE, INC. PROPANE 177.64 _ TOTAL: 124,957.94 PARKS & RECREATION GENERAL HASTINGS SCHOOL DISTRICT #200 NV SR CENTER/TILDEN COST S 2,500.00 RIVERTOWN TREE SERVICE LLC BOULEVARD TREE & STUMP REM 2,362.50 _ TOTAL: 4,862.50 NON-DEPARTMENTAL PARKS STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 295.16 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 12.20 _ TOTAL: 307.36 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ PARKS & RECREATION PARKS SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 160.23 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 53.90 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- PARKS 128.56 MINNESOTA SODDING COMPANY PIONEER ATHLETIC FIELD REN 20,672.84 WALLIN FIELDS RENOVATION X 11,357.29 LIONS PARK SOFTBALL FIELD 7,129.14 BITUMINOUS ROADWAYS INC. FENCING REPAIRS 1,800.00 CEMSTONE PRODUCTS CO. REBAR FOR TEE PADS 30.24 SHERWIN-WILLIAMS JMF PAINT AND SUPPLIES 153.79 _ TOTAL: 41,485.99 NON-DEPARTMENTAL CABLE TV STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 1.70 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 3.12 _ TOTAL: 4.82 CABLE CABLE TV SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 2.50 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 0.74 _ TOTAL: 3.24 NON-DEPARTMENTAL HERITAGE PRESERVAT STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 8.40 _ TOTAL: 8.40 HERITAGE PRESERVATION HERITAGE PRESERVAT SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 4.80 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 1.23 _ TOTAL: 6.03 NON-DEPARTMENTAL FIRE & AMBULANCE STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 404.65 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 76.60 _ TOTAL: 481.25 FIRE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 69.57 HOMETOWN ACE HARDWARE STATION SUPPLY 19.79 TROPHIES PLUS ACCOUNTABILITY & BOARD TAG 165.00 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 19.60 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- FIRE 150.58 DAKOTA 911 DCC FEE / 2023 DECEMBER 14,839.67 EMERGENCY APPARATUS MAINT REPAIR TO LADDER 1 940.72 JEFFERSON FIRE & SAFETY INC HOLMATRO TOOL MAINTENANCE 852.50 MN DEPT OF PUBLIC SAFETY FF BACKGROUND CHECK-1 CAND 33.25 TERRYS HARDWARE, INC. STATION SUPPLIES 51.99 _ TOTAL: 17,142.67 AMBULANCE FIRE & AMBULANCE SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 280.29 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 83.30 ANCOM COMMUNICATIONS INC. REPAIR-REAR CTRL HEAD-MEDI 700.00 BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 366.39 LINDE GAS & EQUIPMENT INC. OXYGEN 225.60 OXYGEN 168.38 _ TOTAL: 1,823.96 NON-DEPARTMENTAL LEDUC HISTORIC EST STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 2.88 _ TOTAL: 2.88 LEDUC LEDUC HISTORIC EST FINE SHINE EXTERIORS INC L.D. GUTTER CLEANING 640.00 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 2.35 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 0.74 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 4 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ _______________ TOTAL: 643.09 NON-DEPARTMENTAL HEDRA STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 13.54 _ TOTAL: 13.54 ECONOMIC DEVELOPMENT HEDRA SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 32.94 LEVANDER, GILLEN & MILLER, P.A. MISC. COMMUNITY DEVELOPMEN 781.75 PROP SALE-SPIRAL BLVD/GLEN 31.00 HEDRA - 3000 LIGHTBOURNE C 40.50 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 8.58 _ TOTAL: 894.77 INVALID DEPARTMENT TIF 9 BLOCK 28 LEVANDER, GILLEN & MILLER, P.A. HEDRA - 418 VERMILLION ST 139.50 HEDRA - 418 VERMILLION ST 108.00 _ TOTAL: 247.50 PUBLIC WORKS 2023 IMPROVEMENTS RIVERTOWN TREE SERVICE LLC BOULEVARD TREE & STUMP REM 1,537.50 _ TOTAL: 1,537.50 DEBT 2013 GO IMPROVEMEN COMPUTERSHARE TRUST CO. ADMIN CHARGES/AGENT FEE 750.00 _ TOTAL: 750.00 NON-DEPARTMENTAL WATER STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 75.02 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 5.70 MISCELLANEOUS V ZEIEN, DEB 13-008000-00 62.54 SCHULTZ, JUDITH R 14-056000-02 83.01 OPENDOOR PROPERTY LL 15-125000-04 136.54 JOHNSON, CRAIG A. 06-211000-00 16.03 OLSON, LEONARD/JODY 12-180000-03 28.52 HILL, WILLIAM 14-144000-02 105.00 WESTER, JOHN/PAM 16-629500-00 31.36 _ TOTAL: 543.72 PUBLIC WORKS WATER O'REILLY AUTOMOTIVE REFLECTORS 37.59 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 74.92 HOMETOWN ACE HARDWARE TIMER, ELBOW 22.48 CLAMPS 6.46 THERMOSTAT 31.49 CONNECTOR 4.49 SPRAY PAINT 19.78 CORE & MAIN LP 1.5" METER HEAD 435.58 1.5" C2 METERS-METER PROGR 11,890.70 US SALT WATER TREATMENT PLANT SALT 7,675.31 LEVANDER, GILLEN & MILLER, P.A. MISC. PUBLIC WORKS 124.00 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 27.88 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- PW WATER 50.13 ELECTRO WATCHMAN, INC ALARM REPAIRS 236.25 GOPHER STATE ONE-CALL INC LOCATES - OCTOBER 382.05 TERRYS HARDWARE, INC. SAWS 296.00 THE TREE HOUSE LIMESTONE FOR EAGLE BLUFF 75.50 _ TOTAL: 21,390.61 NON-DEPARTMENTAL WASTEWATER STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 56.62 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 5.56 _ TOTAL: 62.18 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 5 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ PUBLIC WORKS WASTEWATER SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 53.48 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 19.50 TOSHIBA AMERICA BUSINESS SOLUT COPIER LEASE- PW SEWER 50.13 MCES WASTEWATER 138,272.63 CENTERPOINT ENERGY WESTWOOD LIFT STATION GAS 26.19 SHERWIN-WILLIAMS TYVEK SUIT EXCHANGE 0.50 TYVEK SUITS 23.08 _ TOTAL: 138,445.51 NON-DEPARTMENTAL STORM WATER UTILIT STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 91.17 VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 5.56 _ TOTAL: 96.73 PUBLIC WORKS STORM WATER UTILIT SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 55.76 CORE & MAIN LP ADAPTERS,COUPLINGS,DUAL PO 1,101.00 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 16.07 ZARNOTH BRUSH WORKS, INC. BROOMS 480.00 _ TOTAL: 1,652.83 NON-DEPARTMENTAL ARENA VISION SERVICE PLAN INSURANCE CO. NOV 2023 VISION PREMIUM 13.04 _ TOTAL: 13.04 PARKS & RECREATION ARENA WATSON COMPANY CONCESSION SUPPLIES 1,002.00 FOX'S FLOWRITE GUTTERS REPLACED ENTRYWAY GUTTERS 5,021.00 HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 39.64 SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 33.00 NAPA AUTO PARTS OIL,GREASE, TRANSMISSION F 136.90 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 9.80 TOTAL MECHANICAL SERVICES, INC. PARTS/LABOR-BOILER PUMP RE 2,060.25 FERGUSON ENTERPRISES INC PARTS FOR SINK FAUCET 133.33 HILLYARD INC CLEANING SUPPLIES 505.22 _ TOTAL: 8,941.14 NON-DEPARTMENTAL HYDRO ELECTRIC STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 1.82 _ TOTAL: 1.82 PUBLIC WORKS HYDRO ELECTRIC SUN LIFE ASSUANCE COMPANY OF CANADA DEC 2023 LTD PREMIUM 6.64 STANDARD INSURANCE COMPANY DEC LIFE INS PREMIUM 2.45 K.R. WEST CO. INC. PRESSURE SWITCH 520.42 _ TOTAL: 529.51 NON-DEPARTMENTAL ESCROW - DEV/ENG/T LEVANDER, GILLEN & MILLER, P.A. MISC. PUBLIC WORKS 62.00 AT&T ANTENNA LEASE - W 4TH 573.50 SOUTH OAKS 4TH ADDITION 1,947.00 VILLAS AT PLEASANT LLC 104.25 HERITAGE RIDGE 3RD ADDITIO 50.25 WALLIN DEVELOPMENT 21.00 HEDRA - 3000 LIGHTBOURNE C 483.00 TMOBILE ANTENNA LEASE-W 4T 728.50 AT&T ANTENNA LEASE-W 4TH S 1,147.00 SOUTH OAKS 4TH ADDITION 2,050.50 VILLAS AT PLEASANT LLC 330.00 HERITAGE RIDGE 3RD ADDITIO 27.00 WALLIN DEVELOPMENT 404.00 BARR ENGINEERING CO. SOUTH OAKS 4TH ADDITION 720.00 _ TOTAL: 8,648.00 VIII-01 11-16-2023 08:22 AM Council Report NOVEMBER 14TH PYMTS, 2023 PAGE: 6 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ =============== FUND TOTALS ================ 101 GENERAL 227,159.97 200 PARKS 41,793.35 205 CABLE TV 8.06 210 HERITAGE PRESERVATION 14.43 213 FIRE & AMBULANCE 19,447.88 220 LEDUC HISTORIC ESTATE 645.97 407 HEDRA 908.31 413 TIF 9 BLOCK 28 247.50 483 2023 IMPROVEMENTS 1,537.50 573 2013 GO IMPROVEMENT BONDS 750.00 600 WATER 21,934.33 601 WASTEWATER 138,507.69 603 STORM WATER UTILITY 1,749.56 615 ARENA 8,954.18 620 HYDRO ELECTRIC 531.33 807 ESCROW - DEV/ENG/TIF-HRA 8,648.00 -------------------------------------------- GRAND TOTAL: 472,838.06 -------------------------------------------- TOTAL PAGES: 6 VIII-01 11-16-2023 08:17 AM Council Report NOVEMBER 21ST PYMTS, 2023 PAGE: 1 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ ADMINISTRATION GENERAL FOTH INFRASTRUCTURE & ENVIRONMENT, LLC COMMERCIAL WASTE CHAR STUD 7,922.60_ TOTAL: 7,922.60 CITY CLERK GENERAL MINNESOTA OCCUPATIONAL HEALTH OCT 2023 DRUG SCREENS 384.00 ABDO LLP JOB DESCRIPTION REVIEW-PW 165.00 _ TOTAL: 549.00 FACILITY MANAGEMENT GENERAL ECOLAB PEST ELIMINATION DIVISION P.D. PEST CONTROL 97.50 C.S. PEST CONTROL 91.00 TERRYS HARDWARE, INC. C.S. PARTS 22.74 _ TOTAL: 211.24 I.T. GENERAL PEERLESS NETWORK, INC. PEERLESS MONTHLY CHARGE 98.98 _ TOTAL: 98.98 POLICE GENERAL HILLERS FLOORING AMERICA COMMANDER OFFICE CARPET 1,789.80 ENTERPRISE FM TRUST PD 19 FORD EDGE 2367V4 442.97 PD 22 CHEV EQUI 256D97 409.04 PD CHEV EQUI - 256D9D 398.71 PD 22 CHEV BLAZER 256D9Q 520.24 PD 22 CHEV BLAZER 256D9T 541.29 PD 22 CHEV EQUI 256NDB 398.71 HOLIDAY STATIONSTORES LLC SEPTEMBER 2023 CAR WASHES 64.00 T-MOBILE USA INC. WARRANT DATA DUMP - 23-001 25.00 GORNEY, KARTER J GORNEY FUEL REIMBURSEMENT 49.62 SOUTH EAST TOWING OF HASTINGS INC NOVEMBER LOT RENT 195.00 _ TOTAL: 4,834.38 BUILDING & INSPECTIONS GENERAL DUNN SOLUTIONS LLC 10/13 PHONE CONSULT-HINZMA 42.50 10/17 INSP-MC2023-225 127.50 10/17 BP2023-481 MECHANICA 127.50 10/17 BP2023-914 85.00 10/24 PLAN REV-PET CT REGI 529.70 PLAN REV-ISSUANCE BOILERS 85.00 10/31 PHONE CONSULT-LONNIE 63.75 11/6 PHONE CONSULT-LONNIE 21.25 11/6 INSP BP2023-992 REGIN 127.50 HASTINGS FORD 2021 FORD F150 VEHICLE CHE 86.94 _ TOTAL: 1,296.64 PUBLIC WORKS GENERAL NINE EAGLES PROMOTIONS JUSTIN WOLFE CLOTHING 266.00 _ TOTAL: 266.00 PUBLIC WORKS STREETS GENERAL WSB & ASSOCIATES INC HBC ROW CONST. INSPECTION 1,938.00 LUMEN ROW EXP INSPECTION 459.00 HOMETOWN ACE HARDWARE GLOVES - JOE BIRK CLOTHING 38.68 TBEI - CRYSTEEL MANUFACTURING DUMP TRUCK 122,596.00 ANDERSEN, EARL F. STREET SIGNS - SFR/GEN SIE 121.60 KREMER SPRING & ALIGNMENT #137 LABOR/PARTS 2,339.00 PAGE, GREG PAGE CLOTHING - GLOVES, PA 181.15 ZIEGLER, INC. GENERATOR PART 71.90 _ TOTAL: 127,745.33 PARKS & RECREATION PARKS WILDSIDE GRAPHIX ADOPT A PARK DECAL - CADWE 25.50 ENTERPRISE FM TRUST PKS 22 FORD F-35 26C7PP 753.40 PKS 22 FORD F-35 26C7PQ 753.40 VIII-01 11-16-2023 08:17 AM Council Report NOVEMBER 21ST PYMTS, 2023 PAGE: 2 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ PKS 22 RAM PROM 277TN7 738.90 PKS 22 RAM PROM 277TN7 2,782.11 ISG TENNIS COURT RECON 470.00 MINNESOTA SODDING COMPANY CIF 2023 - SOCCER TOP DRES 26,307.63 PLAISTED COMPANIES, INC. TOP DRESS MATERIAL - VETS 4,718.75 HOISINGTON KOEGLER GROUP TRAIL WAYFINDING 660.00 _ TOTAL: 37,209.69 FIRE FIRE & AMBULANCE JOHN TOWNSEND LODGING/MEALS/CONFERENCE F 108.00 OTHER 128.50 ROSENBAUER MINNESOTA, LLC INSPECTION LUBE 329.92 CARLSON AUTO TRUCK INC. REPAIR TO UTILITY 1 1,681.59 CITY OF BURNSVILLE LIVE BURN TRAINING 3,960.00 MN FIRE SERVICE CERT.BRD INSTRUCTOR 1 CERT EXAM 126.00 CHRISTOPHER PAULSON LODGING/MEALS/CONFERENCE F 108.00 OTHER 128.50 _ TOTAL: 6,570.51 AMBULANCE FIRE & AMBULANCE BOUND TREE MEDICAL LLC MEDICAL SUPPLIES 45.94 MEDICAL SUPPLIES 116.70 LINDE GAS & EQUIPMENT INC. OXYGEN 225.60 SOUTH EAST TOWING OF HASTINGS INC TOW OF AMBULANCE 175.00 ZOLL MEDICAL CORP MEDICAL SUPPLIES 2,666.50 MEDICAL SUPPLIES 51.66 _ TOTAL: 3,281.40 LEDUC LEDUC HISTORIC EST VIKING AUTOMATIC SPRINKLER L.D. 5-YEAR & 3-YEAR AIR T 1,875.00 _ TOTAL: 1,875.00 PARKS & RECREATION PARKS CAPITAL PROJ HOISINGTON KOEGLER GROUP LAKE REBECCA PROJECT MGMT 1,417.50 _ TOTAL: 1,417.50 PUBLIC WORKS 2023 IMPROVEMENTS WSB & ASSOCIATES INC 2023-1 INSPECTIONS 9,205.50 BCM CONSTRUCTION, INC. 2023-1 PAY ESTIMATE #6 433,016.22 HOMETOWN ACE HARDWARE 2023-1 RECON EXPENSE 39.58 ANDERSEN, EARL F. 2023-1 SIGNAGE 177.00 TERRYS HARDWARE, INC. 2023-1 RECON EXPENSE 34.98 _ TOTAL: 442,473.28 PUBLIC WORKS WATER JOE SPAGNOLETTI SPAGNOLETTI COURSE REIMBUR 729.66 ENTERPRISE FM TRUST PW 22 FORD F-35 26C6D6 667.67 NAPA AUTO PARTS FUEL/OIL FILTERS 90.28 ALEX KIEFFER KIEFFER CLOTHING/JACKET 82.10 VAN METER INC SHOP LIGHTING 179.41 ANDERSEN, EARL F. MARKING FLAGS 320.95 MARKING FLAGS 540.95 _ TOTAL: 2,611.02 PUBLIC WORKS WASTEWATER ENTERPRISE FM TRUST PW 22 FORD F-35 26C7PN 676.08 _ TOTAL: 676.08 PARKS & RECREATION ARENA HUEBSCH LAUNDRY CO. ENTRY RUG SERVICE 39.64 ISG ARENA FUTURE PLANNING STUD 2,310.00 SYSCO, MINNESOTA CONCESSION SUPPLIES 1,374.36 TERRYS HARDWARE, INC. PLUMBING SUPPLIES, BATTERI 69.59 RETURNED ITEM-FLOOR SQUEEG 36.99- VIII-01 11-16-2023 08:17 AM Council Report NOVEMBER 21ST PYMTS, 2023 PAGE: 3 DEPARTMENT FUND VENDOR NAME DESCRIPTION AMOUNT _ _______________ TOTAL: 3,756.60 PUBLIC WORKS HYDRO ELECTRIC HOMETOWN ACE HARDWARE FASTENERS 9.98 _ TOTAL: 9.98 NON-DEPARTMENTAL ESCROW - DEV/ENG/T WSB & ASSOCIATES INC ENCLAVE SENIOR HOUSING 306.00 AUGUSTINE DEVELOPMENT 3,752.00 _ TOTAL: 4,058.00 =============== FUND TOTALS ================ 101 GENERAL 142,924.17 200 PARKS 37,209.69 213 FIRE & AMBULANCE 9,851.91 220 LEDUC HISTORIC ESTATE 1,875.00 401 PARKS CAPITAL PROJECTS 1,417.50 483 2023 IMPROVEMENTS 442,473.28 600 WATER 2,611.02 601 WASTEWATER 676.08 615 ARENA 3,756.60 620 HYDRO ELECTRIC 9.98 807 ESCROW - DEV/ENG/TIF-HRA 4,058.00 -------------------------------------------- GRAND TOTAL: 646,863.23 -------------------------------------------- TOTAL PAGES: 3 VIII-01 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: November 20, 2023 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $1,200.00, 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 Connelly 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 $1,200.00 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, The Connelly Family has presented to the City Parks & Recreation Department a donation of $1,200.00 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 Connelly 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 20th day of November, 2023 ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-02 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 20, 2023 Item: Resolution: Comprehensive Plan Amendment – South Oaks of Hastings 4th Addition Council Action Requested: Adopt the attached resolution amending the Future Land Use Map of the Hastings 2040 Comprehensive Plan to change the Land Use Designation from Medium Density Residential to Low Density Residential. The 6.11-acre parcel is generally located southwest of 31st Street W and Century Drive will be platted as South Oaks of Hastings 4th Addition containing 35 single family lots. The Comprehensive Plan Amendment does not affect the previously approved plat for South Oaks of Hastings 4th Addition. A simple majority is required for Council action. History The City Council granted Preliminary and Final Plat approval of South Oaks of Hastings 4th Addition at the October 16, 2023 meeting subject to approval of the accompanying Comprehensive Plan Amendment. Advisory Commission Review: The Planning Commission voted 5-1 (Teiken nay) to recommend approval of the request as presented by staff. No one spoke for or against the item during the public hearing Financial Impact: The addition of 35 home sites will add to the tax base and create needed housing opportunities. Attachments: • Resolution – Comprehensive Plan Amendment • Planning Commission Staff Report – November 13, 2023 VIII-03 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS AMENDING THE CITY OF HASTINGS 2040 COMPREHENSIVE PLAN Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, the City of Hastings has petitioned for an amendment to the 2040 Comprehensive Plan to change the Future Land Use Map designation from “Medium Density Residential” to “Low Density Residential” on property owned by Gregory and Susan Jablonske generally located southwest of 31st Street and Century Drive and legally described Outlot A, SOUTH OAKS OF HASTINGS 2ND ADDITION; except that portion platted as SOUTH OAKS OF HASTINGS 3RD ADDTION, Dakota County, Minnesota; and WHEREAS, On November 13, 2023 the Hastings Planning Commission held a public hearing and recommended approval of the amendment as presented; 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 amendment as presented to the City Council subject to the following conditions: 1. Approval by Metropolitan Council. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. VIII-03 Adopted by the Hastings City Council on November 20, 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 20th 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 This instrument drafted by: City of Hastings (JH) 101 4th St. E. Hastings, MN 55033 VIII-03 To: Planning Commissioners From: John Hinzman, Community Development Director Date: November 13, 2023 Item: Comprehensive Plan Amendment – South Oaks of Hastings 4th Addition Planning Commission Action Requested Hold a public hearing and provide a recommendation to amend the Future Land Use Map of the Hastings 2040 Comprehensive Plan to change the Land Use Designation from Medium Density Residential to Low Density Residential. The 6.11-acre parcel is generally located southwest of 31st Street W and Century Drive will be platted as South Oaks of Hastings 4th Addition containing 35 single family lots. The Comprehensive Plan Amendment does not affect the previously approved plat for South Oaks of Hastings 4th Addition. BACKGROUND INFORMATION Comprehensive Plan The property is currently guided Medium Density Residential within the 2040 Comprehensive Plan. The Medium Density Residential guidance establishes a minimum density of 8 dwelling units per acre. The South Oaks of Hastings 4th Addition Plat has a residential density of 5.72 dwelling units per acre. The property must be re-guided to Low Density Residential which establishes a residential density of 3-6 dwelling units per acre. The land use density must match the residential development. Zoning The property is currently zoned R-3 – Medium Density-High Density Residential – Planned Residential Development. The proposed Comprehensive Plan Amendment and approved plat of South Oaks of Hastings 4th Addition is consistent with the R-3 PRD Zoning. Planning Commission Memorandum VIII-03 Difference between the Comprehensive Plan and Zoning The Comprehensive Plan serves as a guiding document for future land use for the next 20 years and includes a Future Land Use Map identifying desired land uses. The Zoning Ordinance is the legal mechanism for regulating land use and includes the zoning map which identifies zoning districts and permitted uses. The Future Land Use Map of the Comprehensive Plan is used to guide decisions on rezonings. Adjacent Zoning and Land Use Direction Property Use Zoning Comp Plan North Single family homes R-2 Medium Density East Townhomes R-3 PRD Medium Density South Single family homes R-3 PRD Medium Density West Single family homes R-3 PRD Medium Density Existing Condition The subject property is vacant land but has had some general site grading. History – Plat Approval The City Council approved the Preliminary and Final Plat of South Oaks of Hastings 4th Addition at the October 16, 2023 meeting. The Planning Commission recommended approval of the Plat on September 25, 2023. Notification of Adjacent Owners All property owners within 350 feet of the site were provided notification of the meeting. No comments or questions have been received as of the release of this report. COMPREHENSIVE PLAN AMENDMENT Request Change the Future Land Use Map designation from “Medium Density Residential” to “Low Density Residential”. The Future Land Use Map is located on page 4-39, Chapter 4 - Land Use. VIII-03 Low Density Residential Low Density Residential is defined within the Comprehensive Plan as: Single-family housing, two-family housing and low density attached housing. Allowable densities in the zoning ordinance range from approximately 3 to 6 housing units per net acre. Analysis The residential density of South Oaks of Hastings 4th Addition is consistent with the Low- Density Residential designation. RECOMMENDATION - Comprehensive Plan Amendment Approval of the Comprehensive Plan Amendment is recommended subject to the following conditions: 1) Conformance with the plans submitted with the Planning Commission Staff Report dated November 13. 2023. 2) Approval of the Comprehensive Plan Amendment by Metropolitan Council. ATTACHMENTS Site Location Map 2040 Comprehensive Plan VIII-03 LOCATION MAP VIII-03 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 20, 2023 Item: Resolution: South Oaks of Hastings 4th Addition – Terminate Development Agreement and adopt new Development Agreement. Council Action Requested: Consider adoption of the attached resolution terminating the recently approved Development Agreement for South Oaks of Hastings 4th Addition and adopting a new Development Agreement. The agreement increases the number of model homes within the development from 1 to 2. There are no other changes. Action requires a simple majority of Council. History The City Council adopted the Plat and Development Agreement at the October 16, 2023 meeting. Advisory Commission Review N\A Financial Impact: The addition of 35 home sites will add to the tax base and create needed housing opportunities. Attachments: • Resolution – Terminating development agreement and adopting new development agreement • Development Agreement VIII-04 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS TERMINATING THE OCTOBER 16, 2023 DEVELOPMENT AGREEMENT FOR THE PLAT OF SOUTH OAKS OF HASTINGS 4TH ADDITION AND APPROVING A NEW DEVELOPMENT AGREEMENT FOR THE PLAT OF SOUTH OAKS OF HASTINGS 4TH ADDITION Whereas, the City Council approved a Development Agreement for the Plat of South Oaks of Hastings 4th Addition with Gregory and Susan Jablonske and Greg J. Homes of Hastings for the development of a single-family residential project; and Whereas, the Developer has requested a change to Section 4.14 to allow for two model homes to be constructed prior to a bituminous surface base access; and WHEREAS, the City Council has reviewed the request and is not opposed to the change to the Development Agreement, however since the previously approved Development Agreement has not been recorded, for ease of recording documents, a termination of the previously approved Development Agreement and approval of the modified Development Agreement is preferred. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: The City Council hereby approves the Development Agreement for the Plat of South Oaks of Hastings 4th Addition 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_____, 2023, by the following vote: Mary Fasbender, Mayor ATTEST: Kelly Murtaugh, City Clerk VIII-04 DEVELOPMENT AGREEMENT FOR THE PLAT OF SOUTH OAKS OF HASTINGS 4th ADDITION BY AND BETWEEN THE CITY OF HASTINGS AND GREGORY A. JABLONSKE AND SUSAN M. JABLONSKE AND GREG J. HOMES OF HASTINGS, INC. VIII-04 2 THIS DEVELOPMENT AGREEMENT is made and entered into on the day of , 2023, by and between the City of Hastings, a Minnesota municipal corporation (“CITY”), Gregory A Jablonske and Susan M. Jablonske, husband and wife (“OWNER”), and Greg J. Homes of Hastings, Inc., a Minnesota corporation (“DEVELOPER”). RECITALS: WHEREAS, the OWNER is the fee simple OWNER of the DEVELOPMENT PROPERTY; and WHEREAS, in pursuant of the DEVELOPMENT PROJECT, the DEVELOPER has applied to the CITY for approval of the DEVELOPMENT PLANS and OWNER has applied for approval of the FINAL PLAT for South Oaks of Hastings 4th Addition (“DEVELOPMENT PROJECT”); and WHEREAS, in conjunction with the granting of these approvals, the CITY requires the installation and/or availability of public utilities, public streets, storm sewer pipes, ponds, and other facilities; and WHEREAS, under authority granted to it, including Minnesota Statutes Chapters 412, 429, and 462, the COUNCIL approved the FINAL PLAT and DEVELOPMENT PLANS on the following conditions: 1. That the DEVELOPER enters into this DEVELOPMENT AGREEMENT, which contract defines the work which the DEVELOPER undertakes to complete; and 2. The DEVELOPER shall provide an irrevocable letter of credit and cash deposits in the amounts and with conditions set forth herein, providing for assurance of payment for the actual construction and installation of the improvements in the DEVELOPMENT PLANS, as specified and required by the CITY. WHEREAS, the DEVELOPMENT PLANS were prepared by a registered professional engineer and have been submitted to and approved by the CITY ENGINEER. NOW, THEREFORE, subject to the terms and conditions of this DEVELOPMENT AGREEMENT and in reliance upon the representations, warranties and covenants of the parties herein contained, the CITY and DEVELOPER agree as follows: ARTICLE 1 DEFINITIONS 1.1. TERMS. The following terms, unless elsewhere defined specifically in the DEVELOPMENT AGREEMENT, shall have the following meanings as set forth below. 1.2. BUILDER. “BUILDER” means an entity that will be constructing a residence on a lot in the FINAL PLAT. VIII-04 3 1.3. CITY. “CITY” means the City of Hastings, a Minnesota municipal corporation. 1.4. CITY ENGINEER. “CITY ENGINEER” means the City Engineer of the City of Hastings or delegatees. 1.5. CITY WARRANTIES. “CITY WARRANTIES” means all CITY WARRANTIES identified in Article 12 of this DEVELOPMENT AGREEMENT. 1.6. COUNCIL. “COUNCIL” means the Council of the City of Hastings. 1.7. COUNTY. “COUNTY” means Dakota County, Minnesota. 1.8. DEVELOPER. “DEVELOPER” means Greg J. Homes of Hastings, Inc., a Minnesota corporation. 1.9. DEVELOPER DEFAULT. “DEVELOPER DEFAULT” means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the DEVELOPER to timely pay the CITY any money required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) breach of the DEVELOPER WARRANTIES. 1.10. DEVELOPER IMPROVEMENTS. “DEVELOPER IMPROVEMENTS” means and includes, individually and collectively, all the improvements identified in Article 4. 1.11. DEVELOPER WARRANTIES. “DEVELOPER WARRANTIES” means all DEVELOPER WARRANTIES identified in Article 10 of this DEVELOPMENT AGREEMENT. 1.12. DEVELOPMENT AGREEMENT. “DEVELOPMENT AGREEMENT” means this agreement by and among the CITY, OWNER and DEVELOPER. 1.13. DEVELOPMENT PLANS. “DEVELOPMENT PLANS” means all the plans, drawings, specifications, and surveys dated July 25, 2023 and prepared by J. R. Hill, Inc. as updated and approved by the City Engineer, hereby incorporated by reference and made a part of this DEVELOPMENT AGREEMENT. VIII-04 4 1.14. DEVELOPMENT PROJECT. “DEVELOPMENT PROJECT” means a residential development to be known as South Oaks of Hastings 4th Addition that will be constructed on the DEVELOPMENT PROPERTY that is substantially in conformance with the FINAL PLAT. 1.15. DEVELOPMENT PROPERTY. “DEVELOPMENT PROPERTY” means that real property legally described on Exhibit A, attached hereto, upon which the DEVELOPMENT PROJECT will be constructed. 1.16. FINAL PLAT. “FINAL PLAT” means the FINAL PLAT, approved by the COUNCIL, attached hereto as Exhibit B. 1.17. FORCE MAJEURE. “FORCE MAJEURE” means acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes, landslides, lightning and earthquakes (but not including reasonably anticipated weather conditions for the geographic area), riots, insurrections, war or civil disorder affecting the performance of work, blockades, power or other utility failures, fires, explosions, or pandemics causing shortages of labor or materials or other such matters beyond the reasonable control of DEVELOPER. 1.18. FORMAL NOTICE. “FORMAL NOTICE” means notices given by one party to the other if in writing and if and when delivered or tendered either in person or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt requested, with postage and postal charges prepaid, addressed as follows: If to CITY: City of Hastings Attention: City Administrator 101 4th Street East Hastings, MN 55033 If to OWNER: Greg and Susan Jablonske or to such other address as the party addressed shall have previously designated by notice given in accordance with this Section. Notices shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed as provided above, provided, that a notice not given as above shall, if it is in writing, be deemed given if and when actually received by a party. 1.19. INDIRECT COSTS. “INDIRECT COSTS” means the costs related to: a) Finance, administration and legal costs; and b) Engineering services performed by CITY Staff; and c) Testing and Right of Way services; and VIII-04 5 d) Consulting engineering services. 1.20. OTHER REGULATORY AGENCIES. “OTHER REGULATORY AGENCIES” means and includes, individually and collectively, any regulatory or governmental agency or entity affected by or having jurisdiction over the DEVELOPER IMPROVEMENTS. 1.21. OWNER. “OWNER” means Gregory A. Jablonske and Susan M. Jablonske, husband and wife. 1.22. OWNER DEFAULT. “OWNER DEFAULT” means and includes, jointly and severally, any of the following or any combination thereof: a) failure by the OWNER to timely pay the CITY any levied assessments required to be paid under the DEVELOPMENT AGREEMENT; b) failure by the OWNER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; c) breach of the OWNER WARRANTIES. 1.1. OWNER WARRANTIES. “OWNER WARRANTIES” means that the OWNER hereby warrants and represents the following: a) AUTHORITY. OWNER is the fee simple OWNER of DEVELOPMENT PROPERTY and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of OWNER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. OWNER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. OWNER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by OWNER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or threatened against or affecting OWNER. d) FULL DISCLOSURE. None of the representatives and warranties made by OWNER or made in any exhibit hereto or memorandum or writing furnished or to be VIII-04 6 furnished by OWNER or on its behalf contains or will contain any untrue statement of material fact or omit any material fact the omission of which would be misleading. e) FEE TITLE. OWNER owns fee title to all the land in the FINAL PLAT. 1.23. PRELIMINARY PLAT. “PRELIMINARY PLAT” means the preliminary plat approved by the COUNCIL. 1.24. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes, individually and collectively, all the improvements identified on Exhibit C and in Article 3. 1.25. PUBLIC UTILITIES. “PUBLIC UTILITIES” means and includes sanitary sewer, water main, storm sewer and storm water improvements. PUBLIC UTILITIES are included in the definition of SITE IMPROVEMENTS. 1.26. SITE IMPROVEMENTS. “SITE IMPROVEMENTS” means and includes those improvements identified on Exhibit C. 1.27. UTILITY COMPANIES. “UTILITY COMPANIES” means and includes, jointly and severally, the following: a) Utility companies, including electric, gas, cable and telecommunications; b) Pipeline companies. ARTICLE 2 FINAL PLAT APPROVAL 2.1. FINAL PLAT APPROVAL. The COUNCIL approved the FINAL PLAT. All conditions contained in the CITY Council Resolution for the FINAL PLAT shall be considered a condition of this DEVELOPMENT AGREEMENT. 2.2. RECORDING OF FINAL PLAT. The DEVELOPER shall record the FINAL PLAT and this DEVELOPMENT AGREEMENT with the COUNTY Recorder. No building permits shall be issued unless the DEVELOPER shows evidence to the CITY that the FINAL PLAT and this DEVELOPMENT AGREEMENT have been recorded with the COUNTY Recorder and the CITY has received the financial obligations required in Article 15. ARTICLE 3 SITE IMPROVEMENTS 3.1. SITE IMPROVEMENTS. DEVELOPER shall construct and install, at its own cost, all SITE IMPROVEMENTS identified on Exhibit C in accordance with industry standards for making public improvements. VIII-04 7 3.2. DEVELOPMENT CHARGES. The CITY imposes certain development charges for sewer, stormwater, streets and park dedication for all new developments. Such development charges are identified on Exhibit C. ARTICLE 4 DEVELOPER IMPROVEMENTS 4.1. DEVELOPER IMPROVEMENTS. The DEVELOPER shall install, at its own cost, the DEVELOPER IMPROVEMENTS in accordance with the DEVELOPMENT PLANS and in accordance with the approvals of the COUNCIL, and all ordinances and PRELIMINARY and FINAL PLAT resolutions of the CITY or any amendments thereto and any Miscellaneous Requirements on Exhibit D, attached hereto. 4.2. GROUND MATERIAL. The DEVELOPER shall ensure that adequate and suitable ground material shall exist in the areas of public street and utility improvements and shall guarantee the removal, replacement or repair of substandard or unstable material through the warranty period. The cost of said removal, replacement or repair is the responsibility of the DEVELOPER. 4.3. GRADING/DRAINAGE PLAN AND EASEMENTS. The DEVELOPER shall construct drainage facilities adequate to serve the DEVELOPMENT PROJECT in accordance with the DEVELOPMENT PLANS. The DEVELOPER agrees to grant to the CITY all necessary outlots and easements for the preservation and maintenance of the drainage system, for drainage basins and for utility service and for utility looping. The DEVELOPER and OWNER shall enter into any stormwater management facilities agreement with the CITY that are deemed reasonably necessary to fulfill the obligations of this Section for the DEVELOPMENT PROPERTY. The grading and drainage plan shall include lot and building elevations, drainage swales, storm sewer, catch basins, erosion control structures and ponding areas necessary to conform to the overall CITY surface water management plan. The grading of the DEVELOPMENT PROPERTY shall be completed in conformance with the DEVELOPMENT PLANS, subject only to such design criteria and engineering design and construction specifications as are used in the DEVELOPMENT PLANS notwithstanding any amendment or change to CITY standards for development subsequent to approval of the FINAL PLAT. DEVELOPER shall dedicate drainage and utility easements as shown on the FINAL PLAT. Additional utility and drainage easements that may be reasonably required by the CITY may be granted by an acceptable document as approved by the CITY. Prior to issuance of a Certificate of Occupancy to a BUILDER for any dwelling unit constructed on a lot within the subdivision, a Certificate of Compliance by a land surveyor must be submitted to the CITY by the BUILDER reflecting conformance with the approved grading plan and confirming that the lot corner monuments are installed. Building construction and general construction activities are limited to Monday through Friday between the hours 7:00 AM to 10:00 PM and on Saturday between the hours of 9:00 AM and 9:00 PM. Site grading/excavation and street and utility construction activities are limited to Monday through Friday between the hours 7:00 AM and 7:00 PM and on Saturdays by request, but limited to between the hours of 9:00 AM to dusk. VIII-04 8 4.4. GRADING OF STREETS. The DEVELOPER must grade, in accordance with the grading plan provided to and approved by the CITY, all public streets, boulevards, driveways and other public lands, if any, and other lands shown in the approved grading plan. If the DEVELOPER does not perform the work required by this paragraph, the CITY will complete all work required of the DEVELOPER. The DEVELOPER will be financially responsible for payments for this work, which will be assessed as provided in Section 16.2. 4.5. INTERIM BITUMINOUS STREET. The DEVELOPER will construct a bituminous wedge for the roadways within the FINAL PLAT. The DEVELOPER shall install the bituminous wear course of streets after the first course (base course) has weathered a winter season, consistent with warranty requirements, however such wear course shall be installed no later than October 1, 2025. A bituminous ramping wedge to protect the concrete lip from snowplow damage shall be installed with the bituminous base course. Prior to paving the bituminous wear course, the ramping wedge must be milled off. The CITY will thoroughly inspect all curb and gutter for damage prior to the installation of the bituminous wear course and may require repairs and/or replacement by DEVELOPER depending on the severity of damage. Final acceptance of the required improvements by the CITY will not be granted until all work, including final wear course, is completed. 4.6. STREET MAINTENANCE. DEVELOPER is responsible for all maintenance, upkeep and repair of all public streets contained within the FINAL PLAT from initiation of construction through final acceptance by the CITY. 4.7. STREET SWEEPING. The DEVELOPER is responsible for the removal of all construction debris and earth materials within the public right-of-way typically resulting from new home construction activities. The CITY will inspect the roadways to ensure the DEVELOPER is keeping all public roadway surfaces clean. If any portion of a public roadway surface is found in an unacceptable condition, the CITY will have appropriate equipment dispatched to the site and all costs associated with the clean-up effort will be billed to the DEVELOPER. 4.8. STREET SIGNS. The DEVELOPER shall be financially responsible for the installation of street identification signs, and non-mechanical and non-electrical traffic control signs. Street signs will be in conformance with the names as indicated on the FINAL PLAT and pursuant to CITY standards. The actual number and location of signs to be installed shall be determined by the CITY and actual installation shall be performed by CITY authorized personnel. DEVELOPER shall deposit an escrow identified on Exhibit C to furnish and install all required street and traffic control signage for the development, provided this cost and escrow will not cover the required Type III Barricades and Future Street Extension Sign to be installed and removed by the DEVELOPER at DEVELOPER’S expense. 4.9. SOD. The DEVELOPER agrees that the BUILDER must pay for and install cultured sod between all adjacent street curbs and between front and rear lot lines throughout each lot in the entire FINAL PLAT. For a lot where the Certificate of Occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph shall be completed by the BUILDER by June 15; for a lot where the Certificate of Occupancy is issued between May 1 VIII-04 9 and July 31, completion of the work described in this paragraph shall be completed by the BUILDER by September 15. 4.10. BOULEVARD AND AREA RESTORATION. The DEVELOPER shall seed all boulevards within 30 days of the completion of street related improvements and restore all other areas disturbed by the development grading operation in accordance with the approved erosion control plan, over the entire FINAL PLAT. Upon request of the CITY ENGINEER, the DEVELOPER shall remove the silt fences after grading and construction have occurred. 4.11. LOT CORNER MONUMENTS. The DEVELOPER shall install all subdivision lot corner monumentation within one year from the date of recording the FINAL PLAT, or the monumentation shall be installed on a per lot basis at the time the building permit for the subject lot is issued, whichever occurs first. At the end of the one year period from recording of this DEVELOPMENT AGREEMENT, the DEVELOPER shall submit to CITY ENGINEER written verification by a registered land surveyor that the required monuments have been installed throughout the FINAL PLAT. 4.12. BOULEVARD TREES. The DEVELOPER or BUILDER shall contact the City Forester for the purposes of staking the location of the boulevard trees to be planted in accordance with the Boulevard Tree Planting Plan approved as part of the FINAL PLAT. The minimum size of tree to be planted in the City’s Right-of-Way shall be one and half (1 ½) inch caliper, as measured by the American Association of Nurserymen. Boulevard Trees are a part of the Landscape Escrow requirements as detailed in Exhibit C. 4.13. STREET MAINTENANCE, RESTORATION, ACCESS AND REPAIR DURING CONSTRUCTION. The DEVELOPER or BUILDER shall clear, as necessary, any soil, earth or debris from the streets and wetlands within or adjacent to the FINAL PLAT resulting from the grading or building on the land within the FINAL PLAT by the DEVELOPER or its agents or BUILDER, and shall restore to the CITY’s specifications any gravel base contaminated by mixing construction or excavation debris, or earth in it, and repair to the CITY’s specifications any damage to bituminous surfacing resulting from the use of construction equipment. In the event BUILDER fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section 14.1 shall apply. Furthermore, the DEVELOPER shall maintain reasonable access to any occupied buildings within the FINAL PLAT, including necessary street maintenance such as grading, graveling, patching and snow removal prior to permanent street surfacing. The DEVELOPER agrees to perform and assume all responsibilities relating to snow removal and ice control, if the streets have not been accepted for winter maintenance by the CITY ENGINEER by October 15, or later if approved by the CITY’s Public Works Director. Completion of the work described in the paragraph shall be completed within fifteen (15) days after notice by the CITY to the DEVELOPER that repair, or restoration is required. Saturday working hours for the site grading/street and utility construction should start at 9:00 a.m. 4.14. OCCUPANCY AND ACCESS. No building permit for any lot shall be issued until the DEVELOPER has constructed a temporary access consisting of a bituminous surface base VIII-04 10 that is acceptable in design by the CITY and the conditions on Exhibit D have been followed. Special consideration may be given for two model home building permits if approved by the City’s Building Official and Fire Marshal and only after Class V gravel base and utilities have been installed and accepted by the City Engineer. No temporary certificate of occupancy for any lot within the FINAL PLAT shall be issued until the DEVELOPER has constructed a permanent bituminous roadway and water and sanitary sewer improvements are available for use and all conditions of Exhibit D have been followed. No permanent certificate of occupancy for any lot within the FINAL PLAT shall be issued until all water and sanitary sewer improvements are available for use and the first lift of street pavement has been installed. Furthermore, the DEVELOPER is responsible for the construction and cost of constructing any necessary temporary bituminous roadway before the public roadway is constructed and shall maintain reasonable access to any occupied house or houses, including necessary street maintenance prior to permanent street improvements that are accepted by the CITY. 4.15. DRIVEWAYS. Upon building a residence on a lot, the BUILDER shall construct a concrete or bituminous surface driveway for the lot in accordance with CITY approved standards. For a lot for which a certificate of occupancy is issued between August 1 and May 1 of the following year, completion of the work described in this paragraph must be completed by June 15; for a lot for which a certificate of occupancy is issued between May 1 and July 31, completion of the work described in this paragraph shall be completed by September 15. 4.16. VEGETATION. The DEVELOPER or BUILDER shall comply with CITY ordinances and policies related to preservation of vegetation and trees and specifically shall exercise reasonable efforts in residential areas to save mature, non-diseased trees and vegetation on the subject land which do not have to be removed for reasonable installation of buildings, streets, utilities or drainage improvements, construction activities related thereto, or site grading. Prior to any excavation, the DEVELOPER or BUILDER shall require a certified arborist to install tree protection on all trees that are to be saved and to mark such trees with a red band prior to any excavation. All diseased trees shall be removed according to CITY ordinance requirements. In the event BUILDER fails to comply with the requirements of this section, the CITY’S default remedies pursuant to Section 14.1 shall apply. 4.17. LANDSCAPING. The responsibility for landscaping requirements is as follows: a) The DEVELOPER is responsible for installing all landscaping improvements in accordance with the CITY’S subdivision regulations, CITY ordinances and approved landscape plan. b) The DEVELOPER will be financially responsible for the work outlined in Section 4.17(a), which shall be secured by a Letter of Credit described in Exhibit C. 4.18. EROSION CONTROL. The DEVELOPER shall provide and follow a plan for erosion control and pond maintenance in accord with the Best Management Practices (BMP) as delineated in the Minnesota Pollution Control Agency Construction Stormwater General Permit and a grading permit from the CITY. Such plan shall be detailed on the DEVELOPMENT PLANS and VIII-04 11 shall be subject to approval of the CITY ENGINEER. The DEVELOPER shall install and maintain such erosion control structures as are necessary under the DEVELOPMENT PLANS or as it becomes necessary subsequent thereto. The DEVELOPER shall be responsible for all damage caused as the result of DEVELOPER’s grading and excavation within the FINAL PLAT including, but not limited to, restoration of existing control structures and clean-up of public right-of-way, until all lots are final graded and improvements are completed. As a portion of the erosion control plan, the DEVELOPER shall seed or sod any areas disturbed by DEVELOPER in accordance with the DEVELOPMENT PLANS. After the site is rough graded, the DEVELOPER must provide erosion control devices that are reasonably required by the CITY. The parties recognize that time is of the essence in controlling erosion. If the DEVELOPER does not provide the required erosion control, the CITY may, after a forty-eight (48) hour notice, take appropriate action to control erosion. Subject to the foregoing requirement, the CITY may draw upon any posted financial guarantee to pay costs incurred by the CITY in controlling erosion within the FINAL PLAT, or at the CITY’s option, assess the additional costs incurred as part of the DEVELOPER IMPROVEMENTS. 4.19. PROHIBITION ON TRANSFER OF RESPONSIBILITY. The DEVELOPER must not transfer or assign its responsibility to perform the requirements of Street Sweeping, Street Signs, Street Maintenance, Restoration, Access and Repair, Landscaping, and Erosion Control to any lot purchaser within the FINAL PLAT. DEVELOPER shall not transfer or assign its responsibility to perform the requirements of Street Signs to any BUILDER. 4.20. WEED/GRASS MAINTENANCE. DEVELOPER must not allow or permit within the FINAL PLAT, excluding land deeded to the CITY for public purposes, any weeds, grass, brush, or other rank vegetation to a height greater than twelve (12) inches, or permit any accumulation of dead weeds, grass or brush, unless such vegetation has been approved pursuant to a landscape plan that involves native grasses or plantings. In the event the DEVELOPER fails to comply with this provision, the CITY may give the DEVELOPER notice to cut or remove material in violation of this paragraph. All costs of cutting or removing incurred by the CITY must be paid by the DEVELOPER or assessed against the property that is in violation. 4.21. ESCROW FOR SEAL COATING OR EQUIVALENT PREVENTATIVE MAINTENANCE PRODUCT. DEVELOPER shall deposit a preventative maintenance product escrow identified on Exhibit C. Preventative maintenance of the new public streets and newly resurfaced street sections within the PLAT will be completed by the CITY as part of the annual street maintenance program. 4.22. SPECIFICATIONS - INSPECTIONS. Unless otherwise stated, all of the required improvements for the DEVELOPMENT PROJECT shall conform to engineering standards and specifications as required by the CITY. Such DEVELOPER IMPROVEMENTS shall be subject to inspection and approval and shall be made in sequence as determined by the Public Works Department. Plans and specifications for the required improvements shall be submitted to the Public Works Department in a type and format specified by the Public Works Department for review and approval. The required improvement plan review fee shall be paid at that time. DEVELOPER shall retain a testing consultant, approved by the CITY, to complete necessary third-party testing of all materials, soil compaction and other infrastructure systems as required by CITY infrastructure specifications, and shall direct that the consultant provide copies VIII-04 12 of all test reports to the CITY at the same time as they are provided to the DEVELOPER. The DEVELOPER shall provide proof to the CITY prior to the onset of construction activities that it has a valid contract with said testing consultant. If any utility or other improvements are required as part of the CITY’S approval process, those improvements shall be inspected by a CITY designated inspector for compliance with CITY standards and the approved DEVELOPMENT PLANS. The Public Works Director shall determine the estimated cost of inspection services. The CITY will pay all improvement inspection costs incurred from escrowed funds deposited with the CITY by the DEVELOPER in an amount estimated on Exhibit C, but DEVELOPER shall pay the actual amount determined by the CITY ENGINEER. The CITY will also charge an administration fee to cover the costs of the CITY’S administrative and consultant fees connected to the inspection services and related construction oversight efforts. Excess funds will be returned to the DEVELOPER upon completion and acceptance of the DEVELOPMENT PROJECT. If escrowed funds deposited with the CITY are insufficient to cover the inspection costs, the DEVELOPER shall deposit additional funds to cover the estimated overage. Upon completion of the required public improvements the Developer’s engineer of record shall send as -built grading and utility drawings certifying their compliance to the CITY’S engineering standards and specifications and with those costs paid by DEVELOPER. ARTICLE 5 PARK CONTRIBUTION REQUIREMENTS 5.1. PARK DEDICATION. The DEVELOPER shall comply with the park dedication requirements as defined in the City Code. Park dedication fees identified in Exhibit C must be paid prior to the release of the FINAL PLAT. ARTICLE 6 PERMITS, LICENSES AND OTHER APPROVALS 6.1. PERMITS. The DEVELOPER shall obtain all necessary approvals, permits and licenses from the CITY, the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES, as identified on Exhibit E, attached hereto. Major design requirements of any such entities shall be determined prior to completion and incorporated into the DEVELOPMENT PLANS. All costs incurred to obtain said approvals, permits and licenses, and also all fines or penalties levied by any OTHER REGULATORY AGENCIES due to the failure of the DEVELOPER to obtain or comply with conditions of such approvals, permits and licenses, shall be paid by the DEVELOPER. The DEVELOPER shall defend and hold the CITY harmless from any action initiated by the OTHER REGULATORY AGENCIES and the UTILITY COMPANIES resulting from such failures of the DEVELOPER. ARTICLE 7 OTHER DEVELOPMENT REQUIREMENTS 7.1. MISCELLANEOUS REQUIREMENTS. Any additional requirements for approval of the FINAL PLAT and DEVELOPMENT PLANS as specified by the COUNCIL prior to the date hereof are incorporated herein and identified on Exhibit D. VIII-04 13 7.2. CONVEYANCE OF OUTLOTS. DEVELOPER shall convey Outlots A, B and C to the adjacent property owners of South Oaks of Hastings 2nd Addition, and submit appropriate documentation to Dakota County to combine the outlots with the parent parcel, as provided on Exhibit D. ARTICLE 8 PUBLIC UTILITIES 8.1. PUBLIC UTILITIES. DEVELOPER shall install sanitary sewer, water main, storm sewer and storm water improvements by August 1, 2024, subject to extension(s) due to weather and seasonal conditions. DEVELOPER may request an extension of this deadline in writing from the City Engineer for other reasons, which extensions shall be granted in the CITY’S reasonable discretion. If granted, the performance deadline extension shall be conditioned upon (a) updating the security posted by DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance completion date. Any such extension may also be conditioned upon certain technical accommodations that may be required by the CITY to allow serviceability of the development infrastructure beyond a single construction season should any public infrastructure facilities not be fully completed before winter conditions ensue. ARTICLE 9 RESPONSIBILITY FOR COSTS 9.1. DEVELOPER AND SITE IMPROVEMENT COSTS. Except as otherwise provided herein, the DEVELOPER shall pay for the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS; that is, all costs of persons doing work or furnishing skills, tools, machinery or materials, or insurance premiums or equipment or supplies and all just claims for the same; and the CITY shall be under no obligation to pay the contractor or any subcontractor any sum whatsoever on account thereof, whether or not the CITY shall have approved the contract or subcontract. Such site improvements are identified on Exhibit C. The DEVELOPER is responsible for contracting and paying for the street and utility testing costs. The CITY’s designated inspector on the DEVELOPMENT PROJECT will coordinate the street and utility testing activities. All testing reports shall be sent to the CITY with a copy to the DEVELOPER. If deductions are owed on the street and utility construction pursuant to the MNDOT standards for construction, then these deductions will be paid by DEVELOPER to CITY within thirty (30) days after DEVELOPER receives notices of such deductions. 9.2. MISCELLANEOUS CHARGES. The DEVELOPER shall reimburse the CITY for all miscellaneous costs and charges reasonably incurred or to be incurred by the CITY in connection with this DEVELOPMENT AGREEMENT, including administrative and consultant fees. VIII-04 14 9.3. ENFORCEMENT COSTS. The DEVELOPER shall pay the CITY for costs incurred in the enforcement of this DEVELOPMENT AGREEMENT, including engineering costs and reasonable attorneys’ fees. 9.4. TIME OF PAYMENT. DEVELOPER shall pay all bills from the CITY within thirty (30) days after billing. Bills not paid within thirty (30) days shall bear interest at the rate of eight percent (8%) per year. ARTICLE 10 DEVELOPER WARRANTIES 10.1. STATEMENT OF DEVELOPER WARRANTIES. The DEVELOPER hereby warrants and represents the following: a) AUTHORITY. DEVELOPER is the fee title owner of the DEVELOPMENT PROPERTY in the FINAL PLAT and has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT, and no approvals or consents of any persons are necessary in connection with the authority of DEVELOPER to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. b) NO DEFAULT. DEVELOPER is not in default under any lease, contract or agreement to which it is a party or by which it is bound which would affect performance under this DEVELOPMENT AGREEMENT. DEVELOPER is not a party to or bound by any mortgage, lien, lease, agreement, instrument, order, judgment or decree which would prohibit the execution or performance of this DEVELOPMENT AGREEMENT by DEVELOPER or prohibit any of the transactions provided for in this DEVELOPMENT AGREEMENT. c) PRESENT COMPLIANCE WITH LAWS. DEVELOPER has complied with and is not in violation of applicable federal, state or local statutes, laws, and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS; and DEVELOPER is not aware of any pending or threatened claim of any such violation. d) CONTINUING COMPLIANCE WITH LAWS. DEVELOPER will comply with all applicable federal, state and local statutes, laws and regulations including, without limitation, permits and licenses and any applicable zoning, environmental or other law, ordinance or regulation affecting the FINAL PLAT and the DEVELOPMENT PLANS and the DEVELOPER IMPROVEMENTS. e) NO LITIGATION. There is no suit, action, arbitration or legal, administrative or other proceeding or governmental investigation pending, or to DEVELOPER’S knowledge threatened against or affecting DEVELOPER or the FINAL PLAT or the VIII-04 15 DEVELOPMENT PLANS or the DEVELOPER IMPROVEMENTS. DEVELOPER is not in default with respect to any order, writ, injunction or decree of any federal, state, local or foreign court, department, agency or instrumentality. f) FULL DISCLOSURE. None of the representatives and warranties made by DEVELOPER or made in any exhibit hereto or memorandum or writing furnished or to be furnished by DEVELOPER or on its behalf intentionally contains or will contain any untrue statement of material fact or intentionally omit any material fact the omission of which would be misleading. Any unintentional untrue statements or omissions shall be corrected or cured within thirty (30) days after the DEVELOPER receives FORMAL NOTICE or obtains knowledge of such error, unless an extension is granted by the CITY. g) PLAT COMPLIANCE. The FINAL PLAT and the DEVELOPMENT PLANS comply with all CITY, COUNTY, metropolitan, state and federal laws and regulations, including but not limited to, subdivision ordinances, zoning ordinances and environmental regulations. h) WARRANTY ON PROPER WORK AND MATERIALS. The DEVELOPER warrants all work required to be performed by it under this DEVELOPMENT AGREEMENT against defective material and faulty workmanship for a period of one (1) year after its completion and acceptance by the CITY, except for the infiltration basin improvements as described below. The DEVELOPER shall be solely responsible for all costs of performing repair work required by the CITY within thirty (30) days of notification. All trees, grass, and sod shall be warranted to be alive, of good quality, and disease free for one (1) year after planting. Any replacements shall be similarly warranted for one (1) year from the time of planting. The warranty period for the infiltration basin improvements on Outlot D shall be for three (3) years after conveyance of Outlot D to the CITY; the warranty for the infiltration basin improvements shall also include the obligation of the DEVELOPER to repair and correct any damage to or deficiency with respect to such improvements on Outlot D. i) OBTAINING PERMITS. The DEVELOPER shall obtain in a timely manner and pay for all required permits, licenses and approvals, and shall meet, in a timely manner, all requirements of all applicable, local, state and federal laws and regulations which must be obtained or met before the DEVELOPER IMPROVEMENTS may be lawfully constructed. A list of the CITY permits, licenses, and approvals required is identified on Exhibit E. ARTICLE 11 OWNER WARRANTIES 11.1. STATEMENT OF OWNER WARRANTIES. The OWNER hereby makes and states the OWNER WARRANTIES. VIII-04 16 ARTICLE 12 CITY WARRANTIES 12.1. STATEMENT OF CITY WARRANTIES. The CITY hereby warrants and represents as follows: a) ORGANIZATION. CITY is a municipal corporation duly incorporated and validly existing in good standing the laws of the State of Minnesota. b) AUTHORITY. CITY has the right, power, legal capacity and authority to enter into and perform its obligations under this DEVELOPMENT AGREEMENT. ARTICLE 13 INDEMNIFICATION OF CITY 13.1. INDEMNIFICATION OF CITY. Provided the CITY is not in DEFAULT under this DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, DEVELOPER shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and reasonable attorneys’ fees, that the CITY incurs of suffers, which arise out of, result from or relate to: a) breach by the DEVELOPER of the DEVELOPER WARRANTIES; b) failure of the DEVELOPER to timely construct the DEVELOPER IMPROVEMENTS according to the DEVELOPMENT PLANS and the CITY ordinances, standards and specifications; c) failure by the DEVELOPER to observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this DEVELOPMENT AGREEMENT; d) failure by the DEVELOPER to pay contractors, subcontractors, laborers, or materialmen; e) failure by the DEVELOPER to pay for materials; f) approval by the CITY of the FINAL PLAT; g) approval by the CITY of the DEVELOPMENT PLANS; VIII-04 17 h) failure to obtain the necessary permits and authorizations to construct the DEVELOPER IMPROVEMENTS; i) construction of the DEVELOPER IMPROVEMENTS; j) delays in construction of the DEVELOPER IMPROVEMENTS; k) payment by DEVELOPER for any required costs or assessments; l) all costs and liabilities arising because building permits were issued prior to the completion and acceptance of the DEVELOPER IMPROVEMENTS. 13.2. NOTICE. Within a reasonable period of time after the CITY’s receipt of actual notice of any matter giving rise to a right of payment against the CITY pursuant to Section 13.1, the CITY shall give the FORMAL NOTICE in reasonable detail to the DEVELOPER and/or OWNER. The DEVELOPER and/or OWNER shall not be obligated to make any payment to the CITY for any such claim until the passage of thirty (30) days from the date of its receipt of FORMAL NOTICE from the CITY, during which time the DEVELOPER and/or OWNER shall have the right to cure or remedy the event leading to such claim. 13.3. DEFENSE OF CLAIM. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim or demand, with respect to claims or demands asserted against the CITY by a third party of the nature covered by Section 13.1, and provided that the CITY gives FORMAL NOTICE thereof and the DEVELOPER and/or OWNER fails to cure or remedy the event leading to such claim within the required thirty (30) day period, the DEVELOPER will, at its sole expense, provide for the defense thereof with counsel of its own selection but approved by the CITY; the DEVELOPER and/or OWNER will pay all costs and expenses including reasonable attorneys’ fees incurred in so defending against such claims, provided that the CITY shall at all times also have the right to fully participate in the defense at the CITY’S expense. If the DEVELOPER and/or OWNER fails to defend, the CITY shall have the right, but not the obligation, to undertake the defense of, and to compromise or settle the claim or other matter, for the account of and at the risk of the DEVELOPER and/or OWNER. 13.4. INDEMNIFICATION OF CITY BY OWNER. Provided the CITY is not in DEFAULT under the DEVELOPMENT AGREEMENT with respect to the particular matter causing the claim, loss or damage, OWNER shall indemnify, defend and hold the CITY, its COUNCIL, agents, employees, attorneys and representatives harmless against and in respect of any and all claims, demands, actions, suits, proceedings, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties and attorneys’ fees, that the CITY incurs of suffers, which arise out of, result from or relate to breach by the OWNER of the OWNER WARRANTIES. VIII-04 18 ARTICLE 14 CITY REMEDIES UPON DEVELOPER DEFAULT 14.1. CITY REMEDIES. If a DEVELOPER or OWNER DEFAULT occurs, that is not caused by FORCE MAJEURE, the CITY shall give the DEVELOPER and OWNER FORMAL NOTICE of the DEFAULT and the DEVELOPER and/or OWNER shall have thirty (30) days to cure the DEFAULT. If the DEVELOPER and/or OWNER, after FORMAL NOTICE to it by the CITY, does not cure the DEFAULT, then the CITY may avail itself of any remedy afforded by law and any of the following remedies: a) the CITY may specifically enforce this DEVELOPMENT AGREEMENT; b) the CITY may suspend any work, improvement or obligation to be performed by the CITY; c) the CITY may collect on the irrevocable letter of credit (“LOC”), or cash deposit pursuant to Article 15 hereof; d) the CITY may suspend or deny building and occupancy permits for buildings within the FINAL PLAT; e) the CITY may, at its sole option, perform the work or improvements to be performed by the DEVELOPER, in which case the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any costs and expenses reasonably incurred by the CITY. In the alternative, the CITY may in whole or in part, specially assess any of the costs and expenses reasonably incurred by the CITY; and the DEVELOPER hereby waives any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessment resulting therefrom, including, but not limited to, notice and hearing requirement and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER hereby waives any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. 14.2. NO ADDITIONAL WAIVER IMPLIED BY ONE WAIVER. In the event any agreement contained in this DEVELOPMENT AGREEMENT is breached by the DEVELOPER or OWNER and thereafter waived in writing by the CITY, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. All waivers by the CITY must be in writing. 14.3. NO REMEDY EXCLUSIVE. No remedy herein conferred upon or reserved to the CITY shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under the DEVELOPMENT AGREEMENT or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time VIII-04 19 and as often as may be deemed expedient. In order to entitle the CITY to exercise any remedy reserved to it, it shall not be necessary to give notice, other than the FORMAL NOTICE. 14.4. EMERGENCY. Notwithstanding the requirement contained in Section 14.1 hereof relating to FORMAL NOTICE to the DEVELOPER and OWNER in case of a DEFAULT and notwithstanding the requirement contained in Section 14.1 hereof relating to giving the DEVELOPER and/or OWNER a right to cure the DEFAULT, in the event of an emergency as determined by the CITY ENGINEER, resulting from the DEFAULT, the CITY may perform the work or improvement to be performed by the DEVELOPER without giving any notice or FORMAL NOTICE to the DEVELOPER and without giving the DEVELOPER the right to cure the DEFAULT. In such case, the DEVELOPER shall within thirty (30) days after written billing by the CITY reimburse the CITY for any and all costs reasonably incurred by the CITY. In the alternative, the CITY may, in whole or in part, specially assess the costs and expenses reasonably incurred by the CITY; and the DEVELOPER and OWNER hereby waive any and all procedural and substantive objections to the installation and construction of the work and improvements and the special assessments resulting therefrom, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed benefit to the FINAL PLAT. The DEVELOPER and OWNER hereby waive any appeal rights otherwise available pursuant to Minn. Stat. § 429.081. ARTICLE 15 FINANCIAL OBLIGATIONS 15.1. DEVELOPER’S LETTER OF CREDIT AMOUNT. Prior to release of the FINAL PLAT for recording, the DEVELOPER shall submit certification of real estate taxes paid in full for the DEVELOPMENT PROPERTY. DEVELOPER shall also deposit with the CITY an irrevocable LOC for the amounts required in Exhibit C. In lieu of an irrevocable LOC, DEVELOPER may deposit cash or other security acceptable to CITY. All cost estimates shall be acceptable to the CITY ENGINEER. The bank and form of the irrevocable LOC shall be subject to approval by the CITY. The irrevocable LOC shall be for a one year term provided it is automatically renewable for successive one year periods from the present or any future expiration dates, and further provided that the irrevocable LOC states that at least sixty (60) days prior to the expiration date the bank will notify the CITY if the bank elects not to renew for an additional period. The irrevocable LOC shall secure compliance by the DEVELOPER with the terms of this DEVELOPMENT AGREEMENT. The CITY may draw down on the irrevocable LOC or cash deposit, without any further notice than that provided in Section 14.1 relating to a DEVELOPER DEFAULT, for any of the following reasons: a) a DEVELOPER DEFAULT; or b) upon the CITY receiving notice that the irrevocable LOC will be allowed to lapse, without renewal as required above, prior to one (1) year after acceptance by the CITY. In such event, the CITY shall use the LOC proceeds to reimburse the CITY for its costs and to cause the DEVELOPER IMPROVEMENTS to be constructed to the extent practicable. If the VIII-04 20 CITY ENGINEER determines that such DEVELOPER IMPROVEMENTS have been constructed and after retaining 10% of the proceeds for later distribution pursuant to Section 15.2, the remaining proceeds shall be distributed to the DEVELOPER. With CITY approval, the irrevocable LOC may be reduced pursuant to Section 15.2 from time to time as financial obligations are paid. 15.2. ESCROW RELEASE AND ESCROW INCREASE; DEVELOPER IMPROVEMENTS. The DEVELOPER may request that the LOC or cash deposits required by this DEVELOPMENT AGREEMENT be reduced proportionally at the following intervals: a) Substantial completion of the mass site grading activities; b) Final completion of the mass site grading activities; c) Substantial completion of the sanitary sewer, water main, and storm sewer installation; d) Substantial completion of the streets and streetlights; e) Final completion of the initial public improvements. The LOC or cash deposits may be administratively reduced by the CITY ENGINEER by 50% after full installation or completion of the aforementioned items, pending verification of as-builts and completion of punch list items. Upon verification of as-builts that confirm the location and construction of the aforementioned items and completion of punch list items, the DEVELOPER may request the LOC or cash deposits be reduced by 75% of the original amounts. The balance shall be retained by the CITY until the expiration of the 1-year warranty period. If it is determined by the CITY that the DEVELOPMENT PLANS were not strictly adhered to, or that work was done without CITY inspection, the CITY may require, as a condition of acceptance, that the DEVELOPER post an irrevocable LOC, or cash deposit equal to 125% of the estimated amount necessary to correct the deficiency or to protect against deficiencies arising therefrom. In the event that work, which is concealed, was done without permitting CITY inspection, then the CITY may, in the alternative, require the concealed condition to be exposed for inspection purposes. 15.3. DEVELOPER’S CASH FEES AND ESCROW REQUIREMENTS. At the time that the DEVELOPMENT AGREEMENT is approved, DEVELOPER shall pay cash fees and deposit required escrows with the CITY for those items and in the amounts required in Exhibit C. 15.4. BUILDER’S CASH FEES AND CASH ESCROW REQUIREMENTS. DEVELOPER shall notify each BUILDER that certain building permit fees and an escrow shall be required prior to the issuance of a building permit for each lot for items identified in the CITY’S Fee Schedule and any requirements of the CITY’S Building Official. VIII-04 21 ARTICLE 16 MISCELLANEOUS 16.1. CITY’S DUTIES. The terms of this DEVELOPMENT AGREEMENT shall not be considered an affirmative duty upon the CITY to complete any DEVELOPER IMPROVEMENTS. 16.2. ADDITIONAL IMPROVEMENTS. Subject to the requirements contained in Section 14.1 hereof, if the DEVELOPER fails to construct the DEVELOPER IMPROVEMENTS, the CITY at its option, may install and construct the DEVELOPER IMPROVEMENTS. In such case, the CITY, at its option, may specially assess the cost wholly or in part therefore under Minnesota Statutes Chapter 429, or may draw on the irrevocable LOC or cash deposit. If the CITY specially assesses the cost of any portion thereof, then the DEVELOPER hereby waives any and all procedural and substantive objections to the installation of the improvements and the special assessments, including, but not limited to, notice and hearing requirements and any claim that the special assessments exceed the benefit to the FINAL PLAT. The DEVELOPER waives any appeal rights otherwise available pursuant to Minnesota Statute § 429.081. The DEVELOPER acknowledges that the benefit from the improvements equal or exceed the amount of the special assessments. 16.3. COMPLETION DATES. Except for those improvements that may be deferred as provided herein all DEVELOPER IMPROVEMENTS and PUBLIC IMPROVEMENTS shall be installed no later than October 1, 2025, subject to extension(s) due to weather and seasonal conditions. DEVELOPER may request an extension of this deadline in writing from the City Engineer for other reasons, which extensions shall be granted in the CITY’S reasonable discretion. If granted, the performance deadline extension shall be conditioned upon (a) updating the security posted by DEVELOPER to reflect any cost increases and (b) unless waived in writing by both the DEVELOPER and the CITY, amending this AGREEMENT to reflect the extended performance completion date. Any such extension may also be conditioned upon certain technical accommodations that may be required by the CITY to allow serviceability of the development infrastructure beyond a single construction season should any public infrastructure facilities not be fully completed before winter conditions ensue. 16.4. NO THIRD PARTY RECOURSE. Third parties shall have no recourse against the CITY under this DEVELOPMENT AGREEMENT. 16.5. VALIDITY. If any portion, section, subsection, sentence, clause, paragraph or phrase of this DEVELOPMENT AGREEMENT is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion of this DEVELOPMENT AGREEMENT. 16.6. RECORDING. The DEVELOPMENT AGREEMENT and PLAT shall be recorded with the COUNTY Recorder and the OWNER shall provide and execute any and all documents necessary to implement the recording. 16.7. BINDING AGREEMENT. The parties mutually recognize and agree that all terms and conditions of this recordable DEVELOPMENT AGREEMENT shall run with the land in the FINAL PLAT, and shall be binding upon the successors and assigns of the DEVELOPER and VIII-04 22 OWNER. This DEVELOPMENT AGREEMENT shall also run with and be binding upon any after acquired interest of the DEVELOPER and OWNER in the land made the subject of the FINAL PLAT. 16.8. CONTRACT ASSIGNMENT. The DEVELOPER may not assign this DEVELOPMENT AGREEMENT without the prior written consent of the COUNCIL, which approval will not be unreasonably withheld. In such case, the third-party buyer will be required to accept and assume all contractual and financial responsibilities provided in this DEVELOPMENT AGREEMENT. Upon satisfaction of such requirements by such third-party buyer, the DEVELOPER’s obligations hereunder shall terminate. Absent approval of the Council, the DEVELOPER’s obligations hereunder shall continue in full force and effect, even if the DEVELOPER sells one or more lots, the entire PLAT, or any part of it. 16.9. AMENDMENT AND WAIVER. The parties hereto may by mutual written agreement amend this DEVELOPMENT AGREEMENT in any respect. Any party hereto may extend the time for the performance of any of the obligations of another, waive any inaccuracies in representations by another contained in this DEVELOPMENT AGREEMENT or in any document delivered pursuant hereto which inaccuracies would otherwise constitute a breach of this DEVELOPMENT AGREEMENT, waive compliance by another with any of the covenants contained in this DEVELOPMENT AGREEMENT, waive performance of any obligations by the other or waive the fulfillment of any condition that is precedent to the performance by the party so waiving of any of its obligations under this DEVELOPMENT AGREEMENT. Any agreement on the part of any party for any such amendment, extension or waiver must be in writing. No waiver of any of the provisions of this DEVELOPMENT AGREEMENT shall be deemed, or shall constitute, a waiver of any other provisions, whether or not similar, nor shall any waiver constitute a continuing waiver. 16.10. GOVERNING LAW. This DEVELOPMENT AGREEMENT shall be governed by and construed in accordance with the laws of the State of Minnesota, County of Dakota. 16.11. COUNTERPARTS. This DEVELOPMENT AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. 16.12. HEADINGS. The subject headings of the paragraphs and subparagraphs of this DEVELOPMENT AGREEMENT are included for purposes of convenience only and shall not affect the construction of interpretation of any of its provisions. 16.13. INCONSISTENCY. If the DEVELOPMENT PLANS are inconsistent with the words of this DEVELOPMENT AGREEMENT or if the obligation imposed hereunder upon the DEVELOPER are inconsistent, then that provision or term which imposes a greater and more demanding obligation on the DEVELOPER shall prevail. 16.14. CERTIFICATE OF COMPLETION. Upon request by DEVELOPER, the CITY covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS required herein, payment of all costs and fees required and compliance with all terms of this DEVELOPMENT AGREEMENT. VIII-04 23 16.15. ACCESS. The DEVELOPER and OWNER hereby grant to the CITY, its agents, employees, officers, and contractors a license and right of entry to enter the DEVELOPMENT PROPERTY to perform all work and inspections deemed appropriate by the CITY during the installation of DEVELOPER IMPROVEMENTS and SITE IMPROVEMENTS. [REMAINDER OF PAGE INTENTIONALLY BLANK] VIII-04 24 IN WITNESS WHEREOF, the parties have executed this DEVELOPMENT AGREEMENT. CITY: CITY OF HASTINGS By: Mary Fasbender Its Mayor By: Kelly Murtaugh Its City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) On this day of , 2023, before me a Notary Public within and for said County, personally appeared Mary Fasbender and Kelly Murtaugh to me personally known, who being each by me duly sworn, each did say that they are respectively the Mayor and City Clerk of the City of Hastings, the municipality named in the foregoing instrument, and that the said instrument was signed on behalf of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipality. Notary Public VIII-04 25 OWNER: Gregory A. Jablonske Susan M. Jablonske STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on ____________ day of ____________________________, 2023, by Gregory A. Jablonske and Susan M. Jablonske, husband and wife. Notary Public VIII-04 26 DEVELOPER: GREG J. HOMES OF HASTINGS, INC. By: Greg Jablonske Its: STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me on ____________ day of ____________________________, 2023, by Greg Jablonske, the of Greg J. Homes of Hastings, Inc., a Minnesota corporation, on behalf of said corporation. Notary Public THIS INSTRUMENT DRAFTED BY: Korine Land, #262432 LeVander, Gillen, & Miller, P.A. 1305 Corporate Center Drive, Suite 300 Eagan, MN 55121 VIII-04 A-1 EXHIBIT A DEVELOPMENT PROPERTY Real property situated in the City of Hastings, County of Dakota, State of Minnesota, legally described as: Lots 1-10, Block 1, South Oaks of Hastings 4th Addition Lots 1-12, Block 2, South Oaks of Hastings 4th Addition Lots 1-13, Block 3, South Oaks of Hastings 4th Addition Outlots A-D, South Oaks of Hastings 4th Addition Abstract VIII-04 B-1 EXHIBIT B FINAL PLAT VIII-04 C-1 EXHIBIT C DEVELOPER’S LETTER OF CREDIT AND CASH ESCROWS AND CASH REQUIREMENTS FOR SITE IMPROVEMENTS LETTERS OF CREDIT Est. Construction Cost Sanitary Sewer $140,806.60 Watermain $213,653.25 Storm Sewer $120,098.39 Streets/Trails/Sidewalks $196,044.50 Grading $ 56,610.50 Subtotal: $727,213.24 X 125% TOTAL SITE IMPROVEMENT LOC: $909,016.55 CASH ESCROWS *Final amount to be determined by the CITY Engineer Total Landscaping Cost $7,200 X 125% Total Landscaping Escrow: $9,000 CASH REQUIREMENTS Unit Cost Qty Total Park Dedication Fees $2,200/unit 35 units $77,000.00 Sewer Interceptor Fees $485/unit 35 units $16,975.00 Total Cash Fees $93,975.00 Seal Coat or Preventative Maintenance Product Escrow $6,000 Street & Traffic Control Signage Escrow $2,000 Estimated Construction Inspection & Administration Escrow for Grading and Public Infrastructure* $50,000 VIII-04 D-1 EXHIBIT D MISCELLANEOUS REQUIREMENTS AND CONDITIONS IMPOSED BY THE CITY 1) CONDITIONS TO BE SATISFIED BEFORE CITY RELEASES THE FINAL PLAT TO BE RECORDED. a) Letter of Credit. DEVELOPER must provide the LOC for the amounts required in this DEVELOPMENT AGREEMENT. b) All Cash and Escrow Deposits. DEVELOPER must pay all cash and escrow deposits required in this DEVELOPMENT AGREEMENT. c) Planning Fees. DEVELOPER must fully pay the CITY all planning, engineering review and legal fees that have been incurred up to the date of approval of this DEVELOPMENT AGREEMENT. d) Park Dedication Fee. DEVELOPER must pay park dedication fees as required in Exhibit C. e) Sewer Interceptor Fees. DEVELOPER must pay sewer interceptor fees as required in Exhibit C. f) Outlot D. DEVELOPER has executed a warranty deed to the CITY for Outlot D for Stormwater Maintenance Facility. g) Outlots A, B and C. DEVELOPER has executed quit claim deeds of Outlots A, B and C to the immediately adjacent property owners of South Oaks of Hasting 2nd Addition. h) Vacation of all existing permanent easements. 2) BUILDING PERMITS. Except for any model home permits allowed pursuant to Section 4.14, no building permits may be obtained until: a) All the conditions in Paragraph 1 of this Exhibit D have been met; b) All storm water ponds and associated drainage features including storm sewer and drainage swales have been installed; c) The concrete curb and gutter and base course of bituminous for the streets serving the lot must be constructed by the DEVELOPER and approved by the CITY and determined by the CITY to be available for use; d) The utilities have been installed; VIII-04 D-2 e) Record Drawings have been received and approved by the CITY; f) The following documents have been recorded: • Final Plat • Development Agreement • Deed for Outlot D to the CITY • Deeds for Outlots A, B and C to the adjacent property owners of South Oaks of Hastings 2nd Addition 3) CERTIFICATES OF OCCUPANCY. Prior to issuance of any certificate of occupancy, all the following conditions must be satisfied: a) All the conditions listed in Paragraphs 1 and 2 of this Exhibit D must be satisfied. b) All storm water ponds and associated drainage features including storm sewer and drainage swales have been completed and accepted by the City Engineer. 4) SUBDIVISION EROSION CONTROL. DEVELOPER is responsible for erosion control throughout the FINAL PLAT pursuant to the NPDES permit until all lots in the FINAL PLAT are built upon and until turf is established in each of the individual lots in the FINAL PLAT. 5) CLEAN UP OF CONSTRUCTION DEBRIS ON STREETS AND ADJOINING PROPERTY. The escrow amount stated on Exhibit C shall include an appropriate amount as determined by the Director of Public Works to ensure that the DEVELOPER removes any construction debris from streets adjoining the FINAL PLAT and from private properties that adjoint the FINAL PLAT. During the construction of the residences and other improvements within the FINAL PLAT, the DEVELOPER is responsible for removing any construction debris (including roofing materials, paper wrappings, construction material and other waste products resulting from construction) that may be blown from the construction site into adjoining private properties or into CITY streets or that may fall from delivery trucks onto adjoining private properties or CITY streets. Further, during construction, the DEVELOPER must clear the CITY streets of any dirt or other earthen material that may fall onto the CITY streets from the delivery trucks that are being used in the excavation and grading of the site. 6) MAILBOXES. The DEVELOPER is responsible for the placement of a mailbox for all the lots within the DEVELOPMENT PROJECT and must comply with the United States Postal Service’s mailbox design and placement requirements. The mailboxes must all be of similar design and color within the DEVELOPMENT PROJECT. VIII-04 E-1 EXHIBIT E PERMITS, LICENSES AND OTHER APPROVALS 1. Any licenses or permits required by the Minnesota Department of Health. 2. NPDES Construction Stormwater Permit from the MPCA. 3. Any contractor licenses from the CITY or the State of Minnesota. 4. Building Permits from the CITY. 5. Electrical Permits from the CITY. 6. Utility permits that may be required from the CITY, State of Minnesota or any utility company. 7. Access permits and construction permits as required by Dakota County. 8. Sanitary Sewer Extension Permit by MPCA. VIII-04 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 1 CLEARING TREE 14 650.00$ 9,100.00$ 17 11,050.00$ 17 11,050.00$ -$ 2 GRUBBING TREE 15 315.00$ 4,725.00$ 19 5,985.00$ 19 5,985.00$ -$ 3 REMOVE EXISTING GATE VALVE EA 25 200.00$ 5,000.00$ 25 5,000.00$ 25 5,000.00$ -$ 4 REMOVE EXISTING HYDRANT & GATE VALVE EA 4 515.00$ 2,060.00$ 4 2,060.00$ 4 2,060.00$ -$ 5 REMOVE EXISTING STORM SEWER STRUCTURE (ALL DEPTHS & SIZES) EA 60 415.00$ 24,900.00$ 61 25,315.00$ 61 25,315.00$ -$ 6 REMOVE EXISTING SANITARY MANHOLE EA 4 350.00$ 1,400.00$ 4 1,400.00$ 4 1,400.00$ -$ 7 REMOVE EXISTING CONCRETE PEDESTRIAN RAMP EA 39 170.00$ 6,630.00$ 39 6,630.00$ 39 6,630.00$ -$ 8 SALVAGE AND REINSTALL MAIL BOX EA 7 185.00$ 1,295.00$ 7 1,295.00$ 7 1,295.00$ -$ 9 INSTALL MAIL BOX EA 3 185.00$ 555.00$ 3 555.00$ 3 555.00$ -$ 10 SAWCUT EXISTING BITUMINOUS PAVEMENT LF 750 4.00$ 3,000.00$ 750 3,000.00$ 750 3,000.00$ -$ 11 SAWCUT EXISTING CONCRETE PAVEMENT LF 50 8.00$ 400.00$ 50 400.00$ 50 400.00$ -$ 12 REMOVE CONCRETE CURB & GUTTER LF 10670 3.60$ 38,412.00$ 10670 38,412.00$ 10670 38,412.00$ -$ 13 REMOVE EXISTING STORM SEWER PIPE (ALL DEPTHS & SIZES) LF 1358 8.50$ 11,543.00$ 1358 11,543.00$ 1358 11,543.00$ -$ 14 REMOVE EXISTING SANITARY SEWER PIPE (ALL DEPTHS & SIZES) LF 80 8.50$ 680.00$ 80 680.00$ 80 680.00$ -$ 15 SAND FILL AND ABANDON WATER MAIN LF 800 7.00$ 5,600.00$ 396 2,772.00$ 396 2,772.00$ -$ 16 REMOVE EXISTING WATER MAIN (ALL DEPTHS & SIZES) LF 243 14.00$ 3,402.00$ 243 3,402.00$ 243 3,402.00$ -$ 17 REMOVE CONCRETE SIDEWALK SY 2100 9.00$ 18,900.00$ 2122 19,098.00$ 2122 19,098.00$ -$ 18 REMOVE CONCRETE DRIVEWAY SY 469 9.00$ 4,221.00$ 469 4,221.00$ 469 4,221.00$ -$ 19 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 60 11.00$ 660.00$ 82 902.00$ 82 902.00$ -$ 20 REMOVE BITUMINOUS PAVEMENT SY 25450 0.80$ 20,360.00$ 25450 20,360.00$ 25450 20,360.00$ -$ 21 REMOVE MAIL BOX SPECIAL EA 2 350.00$ 700.00$ 2 700.00$ 2 700.00$ -$ 22 SUBGRADE PREPARATION OF RECLAIMED SURFACE SY 11140 1.10$ 12,254.00$ 11140 12,254.00$ 11140 12,254.00$ -$ 23 COMMON EXCAVATION (EV) CY 6330 19.75$ 125,017.50$ 6330 125,017.50$ 6330 125,017.50$ -$ 24 COMMON EXCAVATION TRAIL (EV) CY 1040 17.00$ 17,680.00$ 1040 17,680.00$ 1040 17,680.00$ -$ 25 HAUL EXCESS RECLAIM MATERIAL (LV) CY 1014 9.50$ 9,633.00$ 1014 9,633.00$ 1014 9,633.00$ -$ 26 SUBGRADE CORRECTION (EV) CY 1650 6.50$ 10,725.00$ 931 6,051.50$ 931 6,051.50$ -$ 27 CRUSHED ROCK BORROW MATERIAL (LV) CY 1650 15.60$ 25,740.00$ 317 4,945.20$ 317 4,945.20$ -$ 28 GRANULAR PIPE BEDDING (LV) CY 50 30.00$ 1,500.00$ -$ -$ -$ 29 SALVAGE AGGREGATE FROM STOCKPILE (MILLINGS) CY 50 25.00$ 1,250.00$ 10 250.00$ 10 250.00$ -$ 30 AGGREGATE BASE CLASS 5 (STREET) TON 10511 12.75$ 134,015.25$ 11278 143,794.50$ 11278 143,794.50$ -$ 31 AGGREGATE BASE CLASS 5 (TRAIL OR WALK) TON 1281 21.00$ 26,901.00$ 1281 26,901.00$ 1281 26,901.00$ -$ 32 BIT JOINT SAWING AND SEALING LF 6780 4.20$ 28,476.00$ -$ -$ -$ 33 JOINT ADHESIVE LF 17065 0.80$ 13,652.00$ 17253 13,802.40$ -$ 17253 13,802.40$ 34 FULL DEPTH PAVEMENT RECLAMATION - 8-10 INCHES SY 11140 3.25$ 36,205.00$ 11140 36,205.00$ 11140 36,205.00$ -$ 35 BITUMINOUS MATERIAL FOR TACK COAT GAL 5264 5.25$ 27,636.00$ 4010 21,052.50$ 225 1,181.25$ 3785 19,871.25$ 36 BITUMINOUS DRIVEWAY SPWEB240B/SPNW230B SY 60 63.00$ 3,780.00$ 264 16,632.00$ 264 16,632.00$ -$ 37 BITUMINOUS WEAR COURSE MIX SPWEB340C (STREET) TON 3847 78.50$ 301,989.50$ 3897 305,914.50$ -$ 3897 305,914.50$ 38 BITUMINOUS NON WEAR COURSE MIX SPNWB330C (STREET) TON 6370 78.50$ 500,045.00$ 6621 519,748.50$ 6621 519,748.50$ -$ 39 BITUMINOUS WEAR COURSE MIX: SPWEB340B (TRAIL) TON 755 84.00$ 63,420.00$ 753 63,252.00$ 753 63,252.00$ -$ 40 12" RCP DES 3006 CL III LF 58 127.00$ 7,366.00$ 58 7,366.00$ 58 7,366.00$ -$ 41 15" RCP DES 3006 CL III LF 1911 84.50$ 161,479.50$ 1933 163,338.50$ 1933 163,338.50$ -$ 42 18" RCP DES 3006 CL III LF 111 101.00$ 11,211.00$ 111 11,211.00$ 111 11,211.00$ -$ 43 21" RCP DES 3006 CL III LF 15 108.00$ 1,620.00$ 15 1,620.00$ 15 1,620.00$ -$ 44 CONNECT TO EXISTING STORM SEWER STRUCTURE EA 1 1,500.00$ 1,500.00$ 1 1,500.00$ 1 1,500.00$ -$ 45 CONNECT TO EXISTING STORM SEWER EA 29 400.00$ 11,600.00$ 31 12,400.00$ 31 12,400.00$ -$ 46 CONST DRAINAGE STRUCTURE 24" X 36" EA 40 3,350.00$ 134,000.00$ 42 140,700.00$ 42 140,700.00$ -$ COMPLETED Total To Date Previous Completed This Pay Period Request For Payment Date: 10/31/2023 Project: 2023 Neighborhood Infrastructure Improvements Contractor: BCM Construction Inc. Request Number: 6 Payment Period: 10/1/2023 - 10/31/2023 ITEM NO. DESCRIPTION UNIT ORIGINAL BID Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 1 of 4 VIII-05 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 47 CONST DRAINAGE STRUCTURE 4020 48" DIA EA 20 4,150.00$ 83,000.00$ 22 91,300.00$ 22 91,300.00$ -$ 48 REPLACE EXISTING STORM SEWER CASTING SPECIAL EA 8 1,350.00$ 10,800.00$ 8 10,800.00$ 8 10,800.00$ -$ 49 ADJUST FRAME RING AND CASTING (SPECIAL) EA 21 700.00$ 14,700.00$ 21 14,700.00$ 13 9,100.00$ 8 5,600.00$ 50 HYDRODYNAMIC SEPARATOR EA 3 18,200.00$ 54,600.00$ 3 54,600.00$ 3 54,600.00$ -$ 51 GEOTEXTILE FILTER MATERIAL TYPE IV SY 50 5.00$ 250.00$ -$ -$ -$ 52 4" CONCRETE SIDEWALK SF 2750 7.30$ 20,075.00$ 2446 17,855.80$ 2446 17,855.80$ -$ 53 6" CONCRETE SIDEWALK SF 390 9.40$ 3,666.00$ 758 7,125.20$ 758 7,125.20$ -$ 54 B618 CONCRETE CURB & GUTTER LF 10920 19.60$ 214,032.00$ 10966 214,933.60$ 10966 214,933.60$ -$ 55 CONCRETE VALLEY GUTTER LF 400 37.00$ 14,800.00$ 408 15,096.00$ 408 15,096.00$ -$ 56 REMOVE & REPLACE EXISTING CURB & GUTTER (ALL TYPES & SIZES) LF 1485 31.25$ 46,406.25$ 1827 57,093.75$ 1827 57,093.75$ -$ 57 6" CONCRETE DRIVEWAY PAVEMENT SY 530 67.00$ 35,510.00$ 373 24,991.00$ 373 24,991.00$ -$ 58 CONCRETE PEDESTRIAN RAMP EA 44 2,150.00$ 94,600.00$ 47 101,050.00$ 47 101,050.00$ -$ 59 TRAFFIC CONTROL LS 1 12,600.00$ 12,600.00$ 1 12,600.00$ 1 12,600.00$ -$ 60 ROCK CONSTRUCTION EXIT EA 7 700.00$ 4,900.00$ -$ -$ -$ 61 STORM DRAIN INLET PROTECTION EA 65 125.00$ 8,125.00$ 65 8,125.00$ 65 8,125.00$ -$ 62 SILT FENCE, TYPE MS LF 250 5.00$ 1,250.00$ -$ -$ -$ 63 FLOTATION SILT CURTAIN, TYPE MOVING WATER LF 50 25.00$ 1,250.00$ 50 1,250.00$ 50 1,250.00$ -$ 64 EROSION & SEDIMENT CONTROL LS 1 4,500.00$ 4,500.00$ 1 4,500.00$ 1 4,500.00$ -$ 65 LOAM TOPSOIL BORROW (LV) CY 1550 25.00$ 38,750.00$ 837 20,925.00$ 837 20,925.00$ -$ 66 EROSION CONTROL BLANKETS CATEGORY 4 SY 50 4.20$ 210.00$ 2512 10,550.40$ -$ 2512 10,550.40$ 67 SEEDING, BLOWN COMPOST SY 12025 5.50$ 66,137.50$ 16576 91,168.00$ -$ 16576 91,168.00$ 68 PAVEMENT MESSAGE PAINT (RIGHT OR LEFT ARROW) EA 4 84.00$ 336.00$ 4 336.00$ -$ 4 336.00$ 69 4" SOLID LINE PAINT LF 10850 0.20$ 2,170.00$ 10850 2,170.00$ -$ 10850 2,170.00$ 70 12" SOLID LINE PAINT LF 80 12.00$ 960.00$ 80 960.00$ -$ 80 960.00$ 71 4" BROKEN LINE PAINT LF 1040 0.20$ 208.00$ 1040 208.00$ -$ 1040 208.00$ 72 CROSSWALK PAINT SF 108 9.50$ 1,026.00$ 108 1,026.00$ -$ 108 1,026.00$ 73 TEMPORARY BYPASS PUMPING LS 1 2,500.00$ 2,500.00$ 1 2,500.00$ 1 2,500.00$ -$ 74 CONNECT TO EXISTING SANITARY SEWER STRUCTURE EA 1 1,300.00$ 1,300.00$ 1 1,300.00$ 1 1,300.00$ -$ 75 CONNECT TO EXISTING SANITARY SEWER EA 1 980.00$ 980.00$ 1 980.00$ 1 980.00$ -$ 76 CONNECT TO EXISTING SANITARY SEWER SERVICE EA 10 500.00$ 5,000.00$ 10 5,000.00$ 10 5,000.00$ -$ 77 4" ON 8" PVC WYE EA 10 340.00$ 3,400.00$ 10 3,400.00$ 10 3,400.00$ -$ 78 4" PVC SDR 26 (FOR SERVICES) LF 330 48.00$ 15,840.00$ 275 13,200.00$ 275 13,200.00$ -$ 79 8" PVC SDR 35 LF 658 59.00$ 38,822.00$ 658 38,822.00$ 658 38,822.00$ -$ 80 10" PVC SDR 35 LF 306 72.00$ 22,032.00$ 306 22,032.00$ 306 22,032.00$ -$ 81 8" DIP SANITARY SEWER (ALL DEPTHS) LF 20 180.00$ 3,600.00$ 20 3,600.00$ 20 3,600.00$ -$ 82 CONSTRUCT 8" OUTSIDE DROP LF 4 1,200.00$ 4,800.00$ 4 4,800.00$ 4 4,800.00$ -$ 83 TELEVISE SANITARY SEWER LF 964 4.00$ 3,856.00$ -$ -$ -$ 84 REPLACE EXISTING SANITARY SEWER CASTING EA 4 1,100.00$ 4,400.00$ 4 4,400.00$ 4 4,400.00$ -$ 85 48" DIA. SSMH EA 5 6,000.00$ 30,000.00$ 5 30,000.00$ 5 30,000.00$ -$ 86 EXTRA DEPTH MH 10'+ LF 3 420.00$ 1,260.00$ 3 1,260.00$ 3 1,260.00$ -$ 87 CONNECT TO EXISTING WATERMAIN EA 18 900.00$ 16,200.00$ 19 17,100.00$ 19 17,100.00$ -$ 88 CONNECT TO EXISTING WATER SERVICE EA 11 300.00$ 3,300.00$ 11 3,300.00$ 11 3,300.00$ -$ 89 1" CORP STOP EA 10 550.00$ 5,500.00$ 10 5,500.00$ 10 5,500.00$ -$ 90 2" CORP STOP EA 1 880.00$ 880.00$ 1 880.00$ 1 880.00$ -$ 91 1" CURB STOP AND BOX EA 10 600.00$ 6,000.00$ 10 6,000.00$ 10 6,000.00$ -$ 92 2" CURB STOP AND BOX EA 1 1,060.00$ 1,060.00$ 1 1,060.00$ 1 1,060.00$ -$ 93 HYDRANT 7.5' BURY W/GATE VALVE EA 5 8,400.00$ 42,000.00$ 5 42,000.00$ 5 42,000.00$ -$ 94 REPLACE EXISTING GATE VALVE BOX EA 7 750.00$ 5,250.00$ 6 4,500.00$ 6 4,500.00$ -$ 95 CURB STOP COVER CASTING EA 3 360.00$ 1,080.00$ 1 360.00$ -$ 1 360.00$ 96 ADJUST GATE VALVE SPECIAL - BOLT REPLACEMENT EA 7 1,650.00$ 11,550.00$ 6 9,900.00$ 6 9,900.00$ -$ 97 ADJUST EXISTING GATE VALVE BOX EA 24 160.00$ 3,840.00$ 24 3,840.00$ -$ 24 3,840.00$ 98 6" GATE VALVE & BOX EA 15 2,225.00$ 33,375.00$ 15 33,375.00$ 15 33,375.00$ -$ 99 8" GATE VALVE & BOX EA 7 3,050.00$ 21,350.00$ 8 24,400.00$ 8 24,400.00$ -$ 100 12" GATE VALVE & BOX EA 2 5,350.00$ 10,700.00$ 2 10,700.00$ 2 10,700.00$ -$ 101 CURB STOP BOX REPAIR/EXTENSION EA 1 650.00$ 650.00$ -$ -$ -$ 102 CONSTRUCT TEMPORARY WATERMAIN & SERVICES LF 1850 6.75$ 12,487.50$ 3141 21,201.75$ 3141 21,201.75$ -$ ITEM NO. DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previous Completed This Pay Period Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 2 of 4 VIII-05 Quantity Unit Price Amount Quantity Amount Quantity Amount Pay Estimate #6 Quantity Amount 103 CURB STOP EXTRA DEPTH LF 1 415.00$ 415.00$ -$ -$ -$ 104 1" TYPE K COPPER W/FITTINGS LF 300 54.00$ 16,200.00$ 281 15,174.00$ 281 15,174.00$ -$ 105 2" HDPE (CTS) WATER SERVICE LF 38 75.00$ 2,850.00$ 61 4,575.00$ 61 4,575.00$ -$ 106 6" C-900 PVC W/FITTINGS LF 1460 56.00$ 81,760.00$ 1436 80,416.00$ 1436 80,416.00$ -$ 107 6" DIP W/FITTINGS LF 70 120.00$ 8,400.00$ 150 18,000.00$ 150 18,000.00$ -$ 108 8" C-900 PVC W/FITTINGS LF 2940 65.00$ 191,100.00$ 2940 191,100.00$ 2940 191,100.00$ -$ 109 12" C-900 PVC W/FITTINGS LF 92 180.00$ 16,560.00$ 83 14,940.00$ 83 14,940.00$ -$ 110 2" INSULATION 4'X8' SHEET SY 15 38.00$ 570.00$ -$ -$ -$ 111 REMOVE ORNAMENTAL METAL RAILING LF 116 37.00$ 4,292.00$ 116 4,292.00$ 116 4,292.00$ -$ 112 REMOVE CONCRETE APPROACH PANELS SF 180 48.00$ 8,640.00$ 180 8,640.00$ 180 8,640.00$ -$ 113 REMOVE CONCRETE SIDEWALK SF 220 8.00$ 1,760.00$ 220 1,760.00$ 220 1,760.00$ -$ 114 SIDEWALK CONCRETE (3S52) SF 878 59.00$ 51,802.00$ 878 51,802.00$ 878 51,802.00$ -$ 115 REINFORCEMENT BARS (EPOXY COATED) LB 3315 3.15$ 10,442.25$ 3315 10,442.25$ 3315 10,442.25$ -$ 116 BRIDGE APPROACH PANELS SY 45 800.00$ 36,000.00$ 45 36,000.00$ 45 36,000.00$ -$ 117 REMOVE CONCRETE BRIDGE DECK SF 6 210.00$ 1,260.00$ 6 1,260.00$ 6 1,260.00$ -$ 118 REMOVE CONCRETE BRIDGE SIDEWALK LF 115 28.00$ 3,220.00$ 115 3,220.00$ 115 3,220.00$ -$ 119 ANCHORAGES TYPE REINF BARS EA 254 48.00$ 12,192.00$ 254 12,192.00$ 254 12,192.00$ -$ 120 RECONSTRUCT EXPANSION JOINT TYPE B LF 7 1,575.00$ 11,025.00$ 3.5 5,512.50$ 4 5,512.50$ -$ 121 CONCRETE SURFACE REPAIR, TYPE 2 SF 6 210.00$ 1,260.00$ -$ -$ -$ 122 WIRE FENCE, DESIGN S-1 (VINYL COATED) LF 111 260.00$ 28,860.00$ 114 29,640.00$ 114 29,640.00$ -$ 3,368,721.25$ ORIGINAL BID ITEM NO. DESCRIPTION UNIT ORIGINAL BID COMPLETED Total To Date Previous Completed This Pay Period SUBTOTALS: $3,393,789.35 $2,937,982.80 $455,806.55 TOTAL TO DATE PREVIOUS COMPLETED CURRENT PERIOD PROJECTS: This Period Total to Date 2023-1 Neighborhood Infrastructure Improvements $455,806.55 $3,393,789.35 Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 3 of 4 VIII-05 Pay Estimate Number Period Retainage* 1 5/1/2023 - 5/31/2023 2 6/1/2023 - 6/30/2023 3 7/1/2023 - 7/31/2023 4 8/1/2023 - 8/31/2023 $38,264.25 5 9/1/2023 - 9/30/2023 $25,916.89 6 (Current) 10/1/2023 - 10/31/2023 $22,790.33 $86,971.47 *A 5% retainage is withheld on all payments after total amount completed to date exceeds 50% of original bid $3,393,789.35 $86,971.47 $2,873,801.66 $433,016.22 Application for Payment Number: 6 BCM Construction Inc. _________________________________________________________ __________________ Contractor Date _________________________________________________________ __________________ Engineer Date ___________________________________________________________________________ Approved by Owner Date $663,034.95 $578,940.10 $765,284.95 $518,337.80 $455,806.55 CITY OF HASTINGS 2023 Neighborhood Infrastructure ImprovementsPayment Summary Payment $412,385.00 Pay Period Total $412,385.00 $492,420.91 TOTALS TO DATE: $3,306,817.89 Total Completed to Date: $663,034.95 $578,940.10 $727,020.70 Less Retainage: Less Previous Payment: Total Amount Due: Contractor: $433,016.22 $3,393,789.35 Hastings Project 2023-1 2023 Neighborhood Infrastructure Improvements Page 4 of 4 11/13/23Aaron Miller Digitally signed by Aaron Miller DN: C=US, E=amiller@bcmgrading.com, CN=Aaron Miller Reason: I am approving this document Date: 2023.11.13 15:13:59-06'00' 11/14/2023 VIII-05 City Council Memorandum To: Mayor Fasbender & City Council Members From: Chris Eitemiller, Finance Manager and Ashley Bertrand, Senior Accountant Date: November 20, 2023 Item: 2023 3rd Quarter Financial Report Council Action Requested: Review and approve the attached third quarter financial report. Background Information: The third quarter financial report is a quarterly update of 2023 activity through September 30, 2023. Consistent with past practice, some numbers in the report are adjusted to take into consideration the effects of year-end accruals and year-to-year allocation differences. Detail of the City’s investments holdings is provided in Appendix A. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: 2023 3rd Quarter Financials Appendix A – 2023 Investment Holdings as of September 30, 2023 VIII-06 2023 3rd Quarter Financial Update 2 | P a g e 2023 3rd Quarter Financial Update Government Funds General Fund Revenue Summary: The largest source of revenue is property tax levy. The City received the first-half settlement in July. The second-half will be paid in two payments; we will receive an advance in December, and the remainder in January, 2024. Our investments are performing better than in 2022 and each department’s revenues reflect this. The Public Works-Engineering revenue is low because there is a one-time Engineering charge applied to the annual street project, which doesn’t occur until December. VIII-06 2023 3rd Quarter Financial Update 3 | P a g e General Fund Expense Summary: Finance is below trend due to schedule changes related to the new Finance system project. Any budgeted funds that remain at year-end will be carried forward to 2024 to complete the project. Most departments’ spending is at or near trend through 3 quarters. VIII-06 2023 3rd Quarter Financial Update 4 | P a g e Parks - Fund 200 Revenues are showing less than expenditures due to planned fund balance use and carry forward items. VIII-06 2023 3rd Quarter Financial Update 5 | P a g e Aquatic Center – Fund 201 Heritage Preservation – Fund 210 VIII-06 2023 3rd Quarter Financial Update 6 | P a g e Fire & Ambulance – Fund 213 Charges for Services revenue item is Ambulance revenue, which are running below projections. Since changing Ambulance billing provider, our revenue has improved. The Miscellaneous category is higher, which consist of equipment sales, donations, and insurance recoveries. Ambulance spending is below trend. The department’s overall financial position may be negative again in 2023, but with the change in billing service, should rebound in 2024. VIII-06 2023 3rd Quarter Financial Update 7 | P a g e Police Reserve – Fund 221 Arena – Fund 615 VIII-06 2023 3rd Quarter Financial Update 8 | P a g e Enterprise Funds The Enterprise funds consist of our three utility funds and the hydro plant. Water – Fund 600 Water Revenue is steady with 77% collected as of September 30th. Expenditures are well below budget. The largest factor is capital outlay, because the utility’s share of the annual street project has yet not been allocated. Overall expenditures will be close to budget at year-end. VIII-06 2023 3rd Quarter Financial Update 9 | P a g e Sewer – Fund 601 Storm Water – Fund 603 VIII-06 2023 3rd Quarter Financial Update 10 | P a g e Hydro – Fund 620 The hydro plant’s production has improved in the third quarter. Beginning in late summer, the plant has been operating at maximum capacity. For the final quarter of 2023, the plant is expected to continue producing at its highest capacity, which should improve the year’s revenue. The plant should stay within budget for the year. Debt Service expenditures are as anticipated. The principal payment due date is February 1st; all principal payments were made as of the end of the first quarter. Interest payments are made on February 1st as well as August 1st. VIII-06 2023 3rd Quarter Financial Update 11 | P a g e Transfers 2023 Transfers Quarterly transfers are made for administrative charges, internal funding, and savings needs. Transfers posted for 3rd quarter 2023 were all budgeted transfers or budgeted use of stabilization funds. VIII-06 2023 3rd Quarter Financial Update 12 | P a g e Cash and Investments Balances Cash balances fluctuate throughout the year based on planned spending, receipt of fund revenues and the timing of property tax payments. The cash balance within a fund can be one indicator of the health of the fund. FUND DESCRIPTION September 30, 2022 September 30, 2023 General Fund 8,750,109 7,734,224 Parks 1,373,356 1,027,770 Aquatic Center 342,423 330,574 Cable TV 103,620 102,844 Cable Access 37,508 40,098 Heritage Preservation 87,839 91,658 Fire & Ambulance 366,752 (492,551) LeDuc Historical Estate Operations 152,027 118,930 Police Reserves 27,717 35,771 DUI Enforcement & Forfeitures 48,243 50,264 2013 Equipment Certificates 83,584 85,764 2014 Equipment Certificates 16,461 16,461 Parks Capital Projects 119,448 1,199,978 Budget Stabilization Fund 345,232 345,514 Guardian Angels - TIF 7,064 7,290 HEDRA 1,059,552 527,906 NAPA-TIF (15,984) (483) Downtown Redevelopment - TIF (21,288) (21,288) Hudson Sprayers - TIF 11,152 12,098 School House Square – TIF (1,994) (3,324) Block 28 - TIF 0 (19,723) PW Cold Storage Building 473,149 194 2022 Improvements 1,598,090 173,208 2023 Improvements 0 782,743.03 2024 Improvements 0 (14,419) Debt Redemption 987,187 968,738 2022A Cold Storage Building 0 (23,092) 2016A GO TIF (quasi refunding) Bonds 160,099 165,538 2012 GO Improvement Bonds 101,336 71,854 2013 GO Improvement Bonds 54,016 40,458 2014 GO Improvement Bonds 134,031 130,200 2015 GO Improvement Bonds 157,821 160,575 2016 GO Improvement Bonds 222,327 199,632 2017 GO Improvement Bonds 90,730 82,902 2018 GO Improvement Bonds 132 2,691 2019 GO Improvement Bonds 881,445 839,637 2020 GO Improvement Bonds 451,611 467,286 2021 GO Improvement Bonds 303,920 285,844 2022 GO Improvement Bonds 0 579,445 Water 3,909,871 3,832,684 Wastewater 1,857,691 2,233,613 Storm Water 1,004,285 1,370,160 Arena 492,075 581,960 Hydro Electric 153,673 305,232 Retiree Health 257,496 262,284 VIII-06 2023 3rd Quarter Financial Update 13 | P a g e Compensated Absences 63,128 142,888 Vehicle & Equipment Fund 682,650 844,610 Insurance Fund 594,796 798,328 Escrow -Dev/Eng/TIF-HRA 584,813 449,824 Ruth Doffing Trust Fund-Library 89,262 90,687 C. Simmons Trust 212,912 221,128 C. Simmons Residuary (358) (10,125) VIII-06 2023 3rd Quarter Financial Update 14 | P a g e Investments The City’s total investment portfolio was valued at $29,097,912 as of September 30, 2023. Allocation of the City’s portfolio is as follows. Additional detail is available in Appendix A. VIII-06 2023 3rd Quarter Financial Update 15 | P a g e Appendix A – Investment Holdings Detail of Municipal Bonds, Agencies and CDs VIII-06 2023 3rd Quarter Financial Update 16 | P a g e Additional Information Further detail of the information presented here may be obtained by contacting the Finance Department. The Finance Manager may be reached for questions at 651-480-2347 or CEitemiller@Hastingsmn.gov. The Assistant Finance Manager may be reached at 651-480-2354 or ABertrand@Hastingsmn.gov. VIII-06 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: November 20, 2023 Item: Commercial Waste Characterization Study Council Action Requested: Informational only. Background Information: The City previously received an incentive/grant “to reduce the costs to the payers of solid waste collection services in the City or to implement the solid waste strategies and tactics in the Dakota County Solid Waste Master Plan, or both.” The City used some of these funds for its 2022 share of the new Solid Waste & Recycling Coordinator shared with the Cities of Farmington and Rosemount and to purchase “Big Belly” trash and recycling bins for the downtown. In November 2022, the City contracted with Foth Infrastructure & Environment for a Commercial Waste Characterization Study to be conducted in summer 2023. The intent of the study is to learn about current practices, establish baseline data, and identify opportunities for improvements. Financial Impact: N/A Committee Discussion: N/A Attachments: • Report: Commercial Recycling Study, November 2023 VIII-07 Report Commercial Recycling Study City of Hastings Hastings, Minnesota November 2023 Project ID: 22H024.00 Solving our clients’ toughest science and engineering challenges. VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx 2 8550 Hudson Boulevard North Eagle Point Office Center II, Suite 105 Lake Elmo, MN 55042 (651) 288-8550 foth.com November 6, 2023 Dan Wietecha, City Administrator City of Hastings 101 4th Street East Hastings, MN 55033 Re: Commercial Recycling Study – City of Hastings, Minnesota Dear Dan Wietecha: Foth Infrastructure & Environment, LLC (Foth) is pleased to present the findings from the City of Hastings (City) Commercial Recycling Study. At the City’s request, and with input from the City and Dakota County, Foth developed procedures to investigate current recycling practices from a sample of commercial businesses, thereby establishing baseline data for future comparison. Additionally, potential improvements and/or opportunities for City-provided support were identified. The study assessed over 100 businesses from six different business types. The established procedures included visual assessment and physical investigation of waste and recycling. Conducted procedures were designed for repeatability and are described in the report . Future study, if conducted following the established procedures, will allow for comparison to the baseline data and can validate any applied improvements or support. Foth appreciates the opportunity to assist the City with its recycling goal s, and the assistance from the City and Dakota County with the study. Please contact the undersigned with any questions on the study or the enclosed report. Sincerely, Foth Infrastructure & Environment, LLC Nathan Klett, P.E. Angie Lemar Client Team Leader Project Environmental Scientist Licensed in MN cc: Renee Burman - Dakota County Enclosure VIII-07 Commercial Recycling Study Project ID: 22H024.00 Prepared for City of Hastings 101 4th Street Hastings, MN 55033 Prepared by Foth Infrastructure & Environment, LLC November 2023 Copyright©, Foth Infrastructure & Environment, LLC 2023 8550 Hudson Boulevard North • Eagle Point Office Center II, Suite 105 • Lake Elmo, MN 55042 • (651) 288-8550 foth.com REUSE OF DOCUMENTS This document (including any enclosures and attachments) has been prepared for the exclusive use and benefit of the addressee(s) and solely for the purpose for which it is provided . Any use outside of said purpose and/or by anyone other than the addressee(s) is at the unauthorized user’s sole risk. VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx ii Commercial Recycling Study Table of Contents Page Executive Summary ............................................................................................................................. iv 1. Introduction .............................................................................................................................. 1 1.1 City and County Requirements ................................................................................... 1 1.2 Commercial Recycling Study ...................................................................................... 1 2. Methodology ............................................................................................................................. 2 2.1 Locations of Interest/Study Participants ................................................................... 2 2.2 Visual Assessments .................................................................................................... 2 2.3 Physical Waste Sorts ................................................................................................... 2 2.3.1 Sample Collection ........................................................................................ 3 2.3.2 Sorting Station .............................................................................................. 3 2.3.3 Sorting Process ............................................................................................ 4 3. Results ...................................................................................................................................... 4 3.1 Locations of Interest/Study Participants ................................................................... 4 3.2 Visual Assessment Results......................................................................................... 6 3.2.1 Container Sizes ............................................................................................ 6 3.2.2 Haulers .......................................................................................................... 7 3.3 Physical Waste Sort Results ....................................................................................... 7 3.3.1 Recycling Material Composition ................................................................. 7 3.3.2 Recyclables in Trash Material Composition............................................... 8 3.3.3 Capture Rates of Recycling by Business Type ........................................... 8 3.3.4 Qualitative Assessments of Recycling Compliance .................................. 9 4. Discussion ................................................................................................................................ 9 4.1 Study Procedures......................................................................................................... 9 4.2 Recycling Materials ...................................................................................................10 4.2.1 Manufacturer .............................................................................................. 10 4.2.2 Retail ........................................................................................................... 10 4.2.3 Day Spa ....................................................................................................... 10 4.2.4 Bakery and Restaurants ............................................................................. 10 4.2.5 Graphic Design ........................................................................................... 10 5. Conclusions ............................................................................................................................ 11 VIII-07 Table of Contents (continued) Page 6. Recommendations ................................................................................................................. 11 Figures (in-text) Figure 2-1 Sorting Station Set Up .................................................................................................. 4 Figure 3-1 Visual Assessment Map .............................................................................................. 5 Tables Table 3-1 Targeted Businesses.................................................................................................... 5 Table 3-2 Summary of Businesses by NAICS Code ................................................................... 6 Table 3-3 Business Container Sizes Observed ........................................................................... 6 Table 3-4 Summary of Haulers .................................................................................................... 7 Table (behind “Tables” tab) Table 1 Results of Recycling Sort Figures (behind “Figures” tab) Figure 1 Recycling Material Composition Charts Figure 2 Trash Material Composition Charts Figure 3 Trash Material Composition Graph Appendices Appendix A Designated Lists of Recyclables and Contaminants Appendix B Business Compliance Brochure Appendix C Letter/Email to Businesses Appendix D Procedures and Templates for Future Study VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx iv Commercial Recycling Study Executive Summary The City of Hastings (City) retained Foth Infrastructure & Environment LLC (Foth) to conduct a commercial recycling characterization study, which was conducted to assess compliance with the recently updated City and Dakota County (County) ordinances. The ordinances require recycling of specified items (Designated List of Recyclables [Recyclables]) and require that other specified items (Designated List of Contaminants [Contaminants]) are not placed in the recycling container. The study was designed to establish baseline data of recycling composition by weight at a sample of businesses, assess and characterize the presence of recycling within samples of trash, evaluate compliance with recycling preparation requirements, and provide recommendations for actions to increase the proportion of recycling to trash. Initially, locations of interest for visual assessment and physical waste sorts were identified. A list of potential business locations based on North American Industrial Classification System (NAICS) Code was provided by the City. The locations of interest for the visual assessment were selected based on locations along the commercial corridors of Vermillion Street and Highway 55. Agreement for the physical waste sorts was obtained from the locations of interest and select businesses were contacted based on proximity to the waste sort location and selection of breadth of business types. A total of seven businesses from five NAICS codes agreed to participate in the physical waste sorts. The visual assessments were conducted on over 100 businesses; and recycling and trash container sizes, NAICS Codes, and hauling service provider were recorded. The visual assessments indicated that 18% of the assessed businesses lacked a recycling container, and hauling service was provided by Tennis Sanitation and Highland Sanitation at 65% of the assessed businesses. The physical waste sort was conducted at the County maintenance building in proximity to the selected locations. While the available quantity of sample material depended on pick-up day for each business, sufficient material was sampled at the participating businesses. The results of the study indicate that the composition of recyclables and the presence of recycling in trash varied by business and likely by business type. Cardboard was recycled at the highest percentage among four of the five businesses with both a recycling container and available sample, ranging from 79 to 100%. Contamination of the recycling was 0 to 11% by weight for the five business with both a recycling container and available sample. The presence of recycling in trash samples ranged from 3 to 49%, varying by business type. Recycling samples were generally observed to be in compliance with recycling preparation requirements, with residual food on recyclable items as the most common occurrence of improperly prepared recyclables. Recommendations include providing targeted support based on business types; and working with businesses and haulers to ensure businesses are provided with recycling containers. Specific actions are recommended within the Recommendations section, and procedures and materials for duplicating the commercial recycling study are included in Appendix D to validate the recommended actions, if implemented, and assess recycling rates over time. VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 1 1. Introduction Dakota County (County) and the City of Hastings (City) recently updated their respective ordinances incorporating new recycling requirements for businesses, which took effect in 2021. On behalf of the City, Foth Infrastructure & Environment, LLC (Foth) conducted a study to assess compliance with the ordinances and identify opportunities for increasing recycling. 1.1 City and County Requirements The County established a 2018-2038 Solid Waste Management Plan in 2018 defining Dakota County’s vision for solid waste management and incorporating the aggressive new recycling goal set forth for the metropolitan area by the Minnesota Pollution Control Agency (a 75% recycling rate by 2030). Subsequently, the County’s Ordinance 110 was revised, requiring recycling based on the Designated List of Recyclables (Appendix A) and prohibiting placement of the Designated List of Contaminants in recycling containers (Appendix A). The City ordinance Chapter 50.06 was also amended to incorporate the County requirements. The County has published a Business Compliance Brochure (Appendix B) that summarizes recycling requirements for all businesses in the County and states that all commercial property owners and managers are required to: 1. Have recycling service. 2. Recycle designated materials. 3. Co-locate recycling with trash containers. 4. Label containers. 5. Provide recycling education. 6. Submit an annual report to the County. 1.2 Commercial Recycling Study The City is interested in benchmarking compliance with the recycling requirements and identifying potential improvements and/or opportunities for City-provided support to meet the stated recycling goal. Foth, with City and County input, developed study procedures to investigate current recycling practices among City businesses. The study was designed to establish and document investigation procedures, record baseline data for future comparison, measure compliance with the recycling regulation, and identify specific tasks to increase recycling. The study was designed for repeatability and any future studies, if conducted following the established procedures, will allow for comparison to the baseline data and can validate any applied improvements or support. The following information was considered necessary to meet the study objectives: 1. Determine recyclable material types and quantities in recycling and trash receptacles by business type. 2. Determine the major contaminant type in recycling receptacles. 3. Determine compliance with recycling preparation requirements including placing items loose in containers. In order to obtain breadth of information across a variety of business, the following business types were targeted: 1. Health services; 2. Restaurant/drinking establishments; 3. Lodging; VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 2 4. Retail; and 5. Manufacturing. A sample of representative City businesses from the referenced business types were identified for the study. 2. Methodology The study was organized to select study participants, conduct visual assessments, conduct physical waste sorts, compile data, and evaluate results. Initially, locations of interest were identified based on concentration of business type along commercial corridors. Visual assessments were designed to collect specified data from businesses along the locations of interest. A subset of the identified businesses agreed to participate in the physical waste sort. Methodology and procedures are described in the following sections. 2.1 Locations of Interest/Study Participants The City provided a list of businesses that contained 296 businesses along with priority business types to include in the study. Businesses were identified based on the North American Industry Classification System (NAICS) and the associated NAICS codes were assigned to each business. The priority business types, as provided by the City, are as follows: Manufacturing (NAICS code 31-33) Retail Trade (NAICS code 44-45) Health Care and Social Assistance (NAICS code 62) Accommodation and Food Services (NAICS code 72) Note that while food and grocery stores were initially identified as a priority business, these business types were included in a separate focused study conducted by the County and were therefore excluded from this study. The businesses in the City that also met the priority business criteria were used to develop the locations of interest for the visual assessments and the physical waste sorts. The locations of interest for the visual assessments were based on routing generally along the main commercial corridors of the City. Agreement was obtained from the businesses for participation in the physical waste sort. Potential businesses from the initial list were refined based on proximity to the sorting location. Potential businesses were contacted via letter (Appendix C) and/or email with follow-up phone call or visit to obtain participant agreement. 2.2 Visual Assessments The following data was collected for each location assessed: Estimate of NAICS Code Estimated trash container size Estimated recycling container size, if available If trash and recycling containers were shared with other businesses Hauler Other relevant notes 2.3 Physical Waste Sorts The physical waste sort was conducted by collecting samples from the recycling and trash containers at participating businesses and transporting the samples to the sorting station. The samples were sorted, classified, and weighed. All relevant data was recorded on field forms. Following completion of the VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 3 measurements, all recycling and trash were properly disposed, and the sorting station was cleaned to remove residual materials. The physical waste sort was conducted by a four-person team. Procedures and templates based on the completed physical waste sort for use in a future study are included in Appendix D. The following information is included in Appendix D: Procedure, Sorting Station Layout Map, Equipment List, Tote Labels, and Field Forms. 2.3.1 Sample Collection A two-person team accessed the recycling and trash containers at each business location. Appropriate personal protective equipment (PPE) was utilized as well as ladders if dumpster access was necessary. A representative sample size was defined as a minimum of 25% of the available material or three 32-gallon garbage cans. Samples were placed into the 32-gallon garbage cans and transported to the sorting station. 2.3.2 Sorting Station The Dakota County Maintenance Building, 900 County Road 47, is located near the commercial corridors of the City and was selected as the sorting location. The building consists of a covered garage with large overhead doors which can be opened to mitigate odors. The sorting station (see Figure 2-1) was set up as intake, sorting, measuring, and disposal areas. The intake area provided for placement of incoming sample material. The sorting area included tables and tarped floor for a sorting workspace and totes for placement of the sorted material. Several approximate 27-gallon totes were labeled per the following categories: PAPER: Newspaper and inserts, magazines and catalogs, mail and office papers; CARDBOARD: Paperboard, corrugated cardboard; CARTONS (aseptic packaging and gable top cartons): Beverage, broth and soup cartons, juice boxes, milk cartons; METAL CANS: Food and beverage aluminum, tin, and steel cans; GLASS BOTTLES AND JARS: Food and beverage bottles and jars; RECYCLABLE PLASTIC BOTTLES, CONTAINERS AND JUGS: Recyclable polyethylene terephthalate (PET) (Society of the Plastics Industry [SPI] code #1), such as beverage bottles, Recyclable high-density polyethylene (HDPE) (SPI Code #2), such as beverage, milk and laundry jugs, and recyclable polypropylene (PP) (SPI #5), such as food tubs; CONTAMINANTS: Found in recycling; and RECYCLING: Found in trash. The first six categories represent the Designated List of Recyclables. The measuring area included a scale of sufficient size and the disposal area consisted of the dumpsters located on site or at other County owned facilities offsite. VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 4 Figure 2-1 Sorting Station Set Up 2.3.3 Sorting Process Upon intake, sample information including generator identification was recorded on the field form. Each item in the sample containers was removed and examined. Specific attributes were noted on the field form if warranted, including the preparation of recycled items. All items were placed in the most appropriate sorting tote. Following the sort process, each tote was weighed. Tote contents were placed in the appropriate County dumpster, and the sorting station was cleaned sufficiently between samples to maintain adequate housekeeping. 3. Results Locations of interest were developed with input by the City and County based on the list of businesses with the NAICS codes. The visual assessments were conducted on Monday, June 26th by Foth staff. Obtaining business agreement for the physical waste sorts was completed and the physical waste sorts were conducted on Tuesday, August 8th and Wednesday, August 9th by Foth staff and representatives from the City and County. 3.1 Locations of Interest/Study Participants Two sections of the City were identified as the locations of interest for the visual assessments. The sections are shown in the Visual Assessment Routes Map (3-1). Generally, the locations of interest were defined as Vermillion Street between Highway 47 and the Mississippi River as shown in yellow, and Highway 55 between Vermillion Street and General Sieben Drive as shown in green. These locations consist of the City’s main commercial corridors. Weighing material on scale Totes Labeled with Material Types Sorting tables with tarps PPE in use: Puncture proof gloves, protective eyewear, waterproof aprons Tarps covering floors VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 5 Figure 3-1 Visual Assessment Map A targeted list of potential businesses was developed for contact to obtain agreement from study participants. The targeted list met the qualifications of prioritized business type based on NAICS code and in proximity to the sorting station on or near to Vermillion Street. The resulting list was comprised of 28 businesses. Each business was contacted via letter and/or email (see Appendix C) to request participation in the study and response to the enclosed survey of current waste services. Follow-up phone calls were required in some cases. Seven businesses agreed to participate, and the results are summarized as follows: Table 3-1 Targeted Businesses Business Type NAICS Code Number of Potential Businesses Agreed to Participate Participants/Notes Manufacturing 31-33 4 1 Manufacturer; sales and assembly of industrial parts Retail 44-45 7 1 Retail; shared dumpsters between a laundry and a liquor store Health Services 62 4 1 Day spa (and short-term lodging rental) Arts, Entertainment, and Recreation 71 1 0 Declined to participate Accommodation & Food Service 72 8 3 Bakery, Restaurant A, Restaurant B Professional, Scientific, Technical Services 81 4 1 Graphic Design Prepared by: AAL1 Checked by: NOK VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 6 The study participant label is indicated above in bold italics. Note the list of business types differs slightly from the initial City priority business type list based on the presence of business types in the selected location and the similarity to the initial list. A total of eight business declined to participate in the study and no response was received from the remaining 13 businesses. 3.2 Visual Assessment Results The visual assessments were conducted by observing and recording the required data items from the businesses located along the specified routes. The estimate of NAICS code (business type) were recorded. The recycling and trash container locations were observed to document approximate container sizes, and the apparent hauler based on container stickers or branding. A total of 107 businesses were assessed and business types are summarized in Table 3-2. Table 3-2 Summary of Businesses by NAICS Code Business Type NAICS Code Number of Businesses Manufacturing 31-33 1 Retail Trade 44-45 21 Health Services 62 3 Arts/Entertainment 71 3 Accommodation & Food Service 72 37 Professional, Scientific, Technical, Other Services 81 42 Total 107 Prepared by: AAL1 Checked by: NOK 3.2.1 Container Sizes Observed container sizes for trash and recycling are as follows: Table 3-3 Business Container Sizes Observed Container Type Trash Recycling 96-Gallon Roll Cart 29 33 2-yard 33 20 4-yard 29 22 6-yard 7 7 8-yard 3 6 Roll off Dumpster 5 0 None 1 19 Total 107 107 Prepared by: AAL1 Checked by: NOK The three smallest trash container sizes were observed at 85% of the businesses assessed. Please note that a recycling container was observed at one business but not a trash container. The three smallest VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 7 recycling containers were observed at 70% of the businesses assessed. A recycling container was not observed at approximately 18% of businesses assessed. 3.2.2 Haulers Haulers servicing the assessed businesses, as observed from apparent stickering or branding of the trash and recycling containers, are as follows: Table 3-4 Summary of Haulers Hauler Locations Tennis Sanitation 49 Highland Sanitation & Recycling 20 Republic Services 13 WM 11 Other/Unknown 7 Nitti Sanitation 6 Advanced Disposal 1 Total 107 Prepared by: AAL1 Checked by: NOK The data collected indicates that Tennis Sanitation had approximately 46% of the market share followed by Highland at approximately 19% of the market share. Each of the top five haulers serviced locations without recycling containers. Thirty-six percent of WM’s locations were without recycling containers and 10 to 30% of the remaining four haulers’ locations were without recycling containers. Ten percent of Tennis’ locations were without recycling containers. 3.3 Physical Waste Sort Results The physical waste sort participants responded to the survey and allowed the sort team access to the trash and recycling dumpsters. The physical waste sort was conducted on August 8 and 9, 2023. Measured weights of the recycling and trash sorts are detailed in Table 1 and on Figures 1, 2, and 3 (at the end of this report behind the Tables and Figures tabs) and summarized in the following sections. All sorted recyclable items were qualitatively assessed for compliance with preparation requirements and the results are discussed in the following sections with photos. 3.3.1 Recycling Material Composition The composition of the sampled recyclable material is detailed in Table 1 and summarized on Figure 1. Note the Graphic Design business did not have a recycling container, and the recyclable container for the Bakery had been emptied prior to the sample collection, so no sample was available. The composition of recyclable material varied among the five business types that had a recycling container and available sample. Cardboard was recycled at the highest proportion by weight at four (Manufacturer, Retail, Restaurant A, and Restaurant B) of the seven businesses, ranging from 79 to 100% of the recycling and averaging 85%. The composition of the remaining recyclables varied by business. VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 8 Recycling at the Day Spa business was distributed among plastic (27%), glass (24%), paper (22%), cardboard (14%), and metal cans (12%). Contaminants identified in the recycling samples were limited to 0 to 4% at four of the businesses, and 11% at the Restaurant A business. Photos indicating properly flattened cardboard in the recycling containers. 3.3.2 Recyclables in Trash Material Composition The composition of the recycling in the trash samples are detailed in Table 1 and summarized on Figures 2 and 3. Percentages of recyclables in trash ranged from 3 to 49%. Cardboard, paper, and glass comprised the highest percentages of improperly disposed categories. The three food service businesses had the lowest percentages, ranging from 3 to 14% of recyclables in the trash samples. Retail, Day Spa, and Graphic Design percentages of recyclable in trash ranged from 25 to 31% with cardboard as the item of concern. The trash sample from the Manufacturer contained 49% recyclable material which was mainly comprised of paper and cardboard. Fluorescent light bulbs were observed in one trash container. 3.3.3 Capture Rates of Recycling by Business Type The capture rate for recycling measures the percentage of recyclable material that is captured out of the waste stream, i.e., should all of a recyclable material be placed in the recycling container (and none in the trash container), the capture rate is 100%. Capture rates are detailed in Table 1. While the capture rate ranged from 0 to 100%, the variability appears to be a function of sample size and/or low weights of recyclable materials in the sample. However, the capture rate for two businesses appears to be low and not a function of material weight. The Manufacturer’s capture rate for paper is 40%; 9.7 pounds of recyclable paper was present in the trash sample while 6.4 pounds of recyclable paper was present in the recycling sample. The Day Spa’s capture rate for glass is 40%; 3.5 pounds of recyclable glass was present in the trash sample while 2.3 pounds of recyclable glass was present in the recycling sample. VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 9 3.3.4 Qualitative Assessments of Recycling Compliance Recycling items were qualitatively assessed for compliance with the ordinance requirements. Photos are included below. Recycling contaminants, when observed, were typically improperly prepared recyclables (e.g. food left in containers) and non-recyclable types of plastic (e.g. films or other non-recyclable plastics). Recyclable food or beverage containers containing residual food or liquid was observed and more common at the food service business types. Additionally, plastic film and plastic containers were observed in the recycling sample that were not classified as recyclable material. In some cases, the plastic materials are similar to recyclable materials. Visual assessments of the recycling materials indicate proper preparation of most materials, noting paper and cardboard, and materials were loose in bins. Bagged recyclables in the recycling containers were not observed. The above images show containers with food and liquids still inside making them contaminated recyclables. The above image indicates similar looking plastics observed in the recycling container; however, both #1 (recyclable) and #6 (non-recyclable) materials are shown. 4. Discussion 4.1 Study Procedures Business representatives appeared more likely to participate when informed that the study was informative and not a compliance or enforcement study, and when told that a third-party contractor would VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 10 be leading the study. Barriers to participation included time and reluctance to sorting their trash and recycling. Sample quantity was an issue as it appears that the business representatives may be uninformed as to the pick-up day. An accurate pick up schedule can ensure adequate sample quantity and may require coordination with the hauler. Agreement from business owners may not be legally necessary; pursuing alternate methods of procuring samples may produce greater sample quantity and quality (e.g., working directly with haulers). Procedures and templates for future study are included in Appendix D and are based on the completed study. 4.2 Recycling Materials The visual assessments indicated that 19 businesses did not have a recycling container. Recycled materials appear to vary by business type. Cardboard comprises the highest percentage of recycled material composition, had a relatively high capture rate, and appears to be properly prepared. Several of the participating businesses receive quantities of goods and therefore generate cardboard. The percentage of contaminants in the recycling samples was low. Improperly prepared recyclables were generally comprised of containers with residual food or liquid, more commonly at the food service businesses. Hazardous materials (fluorescent bulbs) were also observed. The percentage of recycling in trash varied by business type. Beverage containers were observed in the trash. 4.2.1 Manufacturer This Manufacturer generates foam packaging materials for its products, office paper, cardboard, and other waste. The foam packaging material is not currently recycled. The percentage of recyclables in trash of this Manufacturer were 49%, the highest of the study participants. Office paper comprised the majority of this material. 4.2.2 Retail Waste and recyclable materials at the Retail business may be generated from customers as well as business service. Since these materials may be coming from customers, education may be more challenging. 4.2.3 Day Spa Waste materials generated from the Day Spa appear to be consistent with residential waste composition, likely due to the presence of the short-term lodging rental on site. 4.2.4 Bakery and Restaurants Results from the Bakery and Restaurants A and B generally showed high capture rates and low percentages of recycling in trash. Improperly prepared materials generally consisted of residual food on recyclable containers. 4.2.5 Graphic Design The Graphic Design business did not have a recycling container; recycling waste was primarily generated from employee use and not business-related recycling. VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 11 5. Conclusions Businesses recycle to a varying degree, with cardboard appearing to be the highest quantity of recycled material across the samples. Businesses that do not receive or generate quantities of products may have a recycling composition consistent with residential waste. Businesses that receive or generate products have recycling compositions specific to the business process. Businesses, regardless of process or type, generally support employees, who generate waste such as paper and beverage containers. Support and education from public entities is likely best targeted to the specific business type, while a general office approach (for lunch areas, and office paper) may be universally applied. Manufacturing businesses and “other” service businesses (such as the Graphic Design) likely require specific and targeted support due to the business processes. Food service businesses may require support on proper preparation with regard to residual food on recyclables, and the use of reusable service ware of all kinds. Future recycling sorts can measure improvements in recycling rates, especially by tracking data in Table 3. 6. Recommendations Recommended sort logistics for potential future use are included in Appendix D. Follow up with the hauling companies and/or the businesses is recommended to identify and encourage the placement of recycling containers at the locations that lack containers. Due to the high percentage of generated cardboard, “cardboard only” containers may be warranted on a case-by-case basis, but a single recycling container for all recyclables may be more effective for improving recycling. Potential education efforts on removing the residual food waste from recyclables may be warranted. Note the potential cost and environmental impact of water use (for cleaning) should be considered. Target education universally to business breakrooms and office areas to minimize beverage containers and office paper in the trash. Target education efforts to both managers and all levels of employees. Businesses may require focused education and/or support to increase recycling due to the specific generating processes. Grouping and targeting by business type is recommended. Due to the relative similarity of the food service businesses, and the number of food service businesses in Hastings, the first action at increasing recycling rates may be efficiently applied at these businesses. Actions are recommended to verify that recycling of glass and plastic beverage containers is occurring and educate employees to recycle in break rooms and offices. Future study may be recommended by pursuing alternate methods of sample procurement with the objective to obtain adequate sample quantity and quality. Permission from the businesses may not be legally necessary, and working with haulers may be preferred. Planned studies may VIII-07 pw:Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth • 12 be noticed in City newsletters in lieu of direct agreement. The legal aspects should be verified, and notice may be required to the property owners as opposed to businesses. VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Tables VIII-07 Business ID Manufacturer Retail Day Spa Bakery Restaurant A Restaurant B Graphic Design Total Percent of Business Type Manufacturing Retail Trade Health Services Food Service Food Service Food Service Prof. Services Total NAICS Code 31-33 44-45 62 72 72 72 81 by Category Hauler Tennis Highland Highland Nitti Highland Tennis Tennis Recycling Container Sample Container Size On-site CY 4 4 0.5 2 2 2 none Paper lbs 6.4 0.6 2.1 0.2 0.0 9.3 6% Cardboard lbs 32.8 33.6 1.3 10.1 56.9 134.7 83% Cartons lbs 0.0 0.0 0.0 0.1 0.0 0.1 0% Metal Cans lbs 1.3 0.2 1.1 0.3 0.1 3.0 2% Glass Bottles/Jars lbs 0.0 0.0 2.3 0.0 0.0 2.3 1% Plastic (recyclable)lbs 0.5 5.6 2.5 0.6 0.0 9.2 6% Contaminants lbs 0.7 1.6 0.1 1.4 0.0 3.8 2% Total in Recycling Container lbs 41.7 41.6 9.4 0.0 12.7 57.0 162.4 Percent Contaminants %2%4%1%11%0%2% Trash Container Sample Container Size On-Site CY 4 4 0.5 2 8 2 4 Incoming Sample lbs 27.4 5.1 17.0 117.9 149.4 9.1 16.8 342.7 Total Trash lbs 14.0 3.8 11.8 101.5 144.9 8.8 12.4 297.2 Recyclabes in Trash Container Paper lbs 9.7 0.0 0.0 0.1 2.2 0.0 0.6 12.6 28% Cardboard lbs 2.5 1.0 0.8 1.8 1.4 0.0 2.6 10.1 22% Cartons lbs 0.0 0.0 0.0 0.4 0.2 0.0 0.0 0.6 1% Metal Cans lbs 0.6 0.2 0.2 1.1 0.2 0.2 0.4 2.9 6% Glass Bottles/Jars lbs 0.0 0.0 3.5 10.6 0.0 0.0 0.0 14.1 31% Plastic (recyclable)lbs 0.6 0.1 0.7 2.4 0.5 0.1 0.8 5.2 11% Total lbs 13.4 1.3 5.2 16.4 4.5 0.3 4.4 45.5 Percent Recyclables in Trash %49%25%31%14%3%3%26% Recycling Capture Rate Average Rate Paper %40%100%100%na 8%na 0%50% Cardboard %93%97%62%na 88%100%0%73% Cartons %na na na na 33%na 0%na Metal Cans %68%50%85%na 60%33%0%49% Glass Bottles/Jars %na na 40%na na na 0%na Plastic (recyclable)%45%98%78%na 55%0%0%46% Overall %75%97%64%na 72%99%0% Notes Bakery recycling was picked up prior to sample collection. na = not applicable CY = cubic yards Average recycling capture rate does not include bakery. Table 1 - Results of Recycling Sort City of Hastings Commercial Recycling Study VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Figures VIII-07 Notes: See Table 1 for weights of recyling materials in sample Graphic Design did not have a recyling container Recycling Material Composition Percent of Total Recycling Sample by Business Restaurant A Restaurant BBakery RetailManufacturer Day Spa FIGURE 1 Bakery based on visual observation conducted prior to waste sort. VIII-07 See Table 1 for weights of materials in sample Trash Material Composition Percent of Total Trash Sample by Business Day Spa Restaurant A Restaurant BBakery RetailManufacturer Graphic DesignTrash Recyclable Material in Trash Sample FIGURE 2VIII-07 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Manufacturer Retail Day Spa Bakery Restaurant A Restaurant B Graphic Design Trash Material Composition Percent of Total Trash Sample by Business Total Trash Paper Cardboard Cartons Metal Cans Glass Bottles/Jars Plastic (recyclable) FIGURE 3 VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Appendix A Designated Lists of Recyclables and Contaminants VIII-07 January 21, 2020 Resolution No. 20-040 1 DESIGNATED LISTS OF RECYCLABLES AND CONTAMINANTS DAKOTA COUNTY ORDINANCE 110, SOLID WASTE MANAGEMENT A. “DESIGNATED LIST OF RECYCLABLES” This list represents the minimum list of recyclable materials that haulers must collect in single-stream recycling and generators must place into carts or dumpsters for haulers to collect. Property owners, managers, and event sponsors shall ensure the designated list of recyclables are collected for recycling. PAPER • Newspaper and inserts • Magazines and catalogs • Mail and office papers CARDBOARD • Paperboard • Corrugated cardboard CARTONS (aseptic packaging and gable top cartons) • Beverage, broth and soup cartons • Juice boxes • Milk cartons METAL CANS • Food and beverage aluminum, tin, and steel cans GLASS BOTTLES AND JARS • Food and beverage bottles and jars RECYCLABLE PLASTIC BOTTLES, CONTAINERS AND JUGS • Recyclable PET (SPI code #1), such as beverage bottles • Recyclable HDPE (SPI Code #2), such as beverage, milk and laundry jugs • Recyclable PP (SPI #5), such as food tubs SPI = Society of Plastic Industry VIII-07 January 21, 2020 Resolution No. 20-040 2 B. “DESIGNATED LIST OF CONTAMINANTS” FOR RECYCLING This list represents items that generators cannot place into recycling carts or dumpsters for recycling collection. Items on this list may be accepted at or required to be managed at drop-off locations for proper recycling or disposal. • Batteries • Ceramic dishware • Clothing and textiles • Food waste • Household hazardous waste/hazardous waste • Non-recyclable paper products (e.g., paper napkins, paper plates and cups, paper towels) • Pallets (plastic and wood) • Pet and human waste, including diapers • Pharmaceuticals and medicines/medical waste • Plastic bags and film (residential effective upon County Board adoption, commercial starting January 1, 2021) • Metal cylinders (e.g., propane tanks) • Scrap metal* (e.g., metal pots and pans) • Shredded paper* • Styrofoam™ • Tanglers (e.g., chains, extension cords, hoses, string lights) • Trash • Yard waste and Christmas trees • All items banned from being placed in the trash or recycling in state or local law – including: o Electronics o Major Appliances o Sharps (e.g., lancets, needles, syringes) o Tires *Scrap metal and shredded paper are allowed in carts and dumpsters only if delivered to the Tennis Sanitation recycling facility. VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Appendix B Business Compliance Brochure VIII-07 Businesses in Dakota County are required to recycle Dakota County Ordinance 110, Solid Waste Management, requires all businesses to recycle. Commercial property owners and managers are required to: 1 Have recycling service 2 Recycle a designated list of materials 3 Co-locate recycling with trash containers 4 Label containers 5 Provide recycling education 6 Submit annual report 102-2-06-2022 Learn more More information about the business recycling requirements and how to comply is available at www.dakotacounty.us, search business recycling requirements. Environmental Resources 14955 Galaxie Ave., Apple Valley, MN 55124 VIII-07 Business recycling requirements County ordinance requires commercial property owners and managers to: 1 Have recycling service Contract with a trash hauler for recycling collection services, or self-haul recyclables to a recycling facility. Work with your hauler to increase service levels if carts or dumpsters are overflowing. 2 Recycle designated materials Provide recycling containers in buildings and on grounds to collect the Designated List of Recyclables from employees, tenants and customers. These designated materials must be collected and recycled: •Paper •Cardboard •Cartons like milk & juice cartons •Metal cans •Glass bottles & jars •Plastic bottles, containers and jugs numbered 3467Keep the Designated List of Contaminants out of recycling such as food and liquids, plastic bags and film, plastic utensils and straws, chip bags, fast food, and candy wrappers, and Styrofoam. 3 Co-locate recycling with trash containers Wherever there is a trash container, there must be a recycling container within 10 feet. Recycling containers must be large enough to collect all recyclables in the building and on grounds, and not overflowing. 4 Label containers Label each indoor and outdoor recycling and trash container with standardized labels. All labels must meet county label requirements: 9 Use standardized terms: “Recycle” or “Recycling”, and “Trash” to indicate the type of waste collected. 9 Be color-coded: Blue for recycling, gray or black for trash. 9 Have standardized images: Recycling labels must use county-standardized images that show designated recyclable materials and include preparation instructions where applicable, such as “empty and dry items, flatten boxes”. Trash labels do not need images. Order or download free recycling and trash labels from Dakota County that meet these requirements. Replace labels if they are damaged, unreadable or if text or images conflict with county label requirements. Waste and recycling haulers are responsible for labeling carts and dumpsters they provide to businesses. 5 Provide recycling education Provide standardized recycling education at least once a year to each employee, tenant and housekeeping and custodial contractors, and any other contractor that is responsible for sorting, collecting or managing recycling. Also provide education within 30 days of a new hire or new tenant, and within 30 days of a substantial change to the waste and recycling program. Education must cover what to recycle and how to recycle in accordance with recycling education requirements listed on the county’s website. Get free educational resources from Dakota County that meet these requirements. 6 Submit annual report Report recycling program effectiveness, including education activities, to Dakota County each year. The county will provide the report form. VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Appendix C Letter/Email to Businesses VIII-07 Dear City of Hastings Business Owner, On behalf of the City of Hastings, Foth Infrastructure & Environment, LLC is conducting a survey of businesses to assist with the upcoming Commercial Waste Characterization Study. The goal of the Waste Characterization Study is to better understand the makeup of commercial waste so that the City can better support and plan for business recycling. Your business has been selected as a potential candidate to be a part of the initial Waste Characterization Study. We are requesting that you fill out the survey and return your responses to us by no later than April 30, 2023. Your survey responses will help us determine what businesses will be included in our initial 2023 Study. We anticipate the initial sort happening in late May or June. We will be communicating with participating businesses throughout the process as we determine actual sort dates and logistical details. Questions you will be asked in the survey include: 1. Business name and Contact Person information 2. Type of business 3. Days of the week and time business is open 4. Who is the trash/recycling hauler 5. Day of the week that trash/recycling is picked up 6. Size of containers for trash/recycling 7. Willing to participate in waste sort and allow Foth/City to sort their trash/recycling You can access the survey the following ways: Click HERE to link to the survey. Use the QR code shown below to go directly to the survey from your phone. We greatly appreciate your participation in this survey. The information that we will be able to collect from the survey, and then from the waste sort, has the potential to not only benefit your business directly but also businesses throughout the City. It will also provide valuable information that will help develop additional commercial specific recycling education materials in the future. If you have any questions about the survey or the project, please contact Angie Lemar, Foth Project Environmental Scientist, at angie.lemar@foth.com / (920) 496-6643. Surveys should be completed by no later than April 30, 2023. We will be in touch about further steps by no later than May 12, 2023. Angie Lemar Project Environmental Scientist Foth Infrastructure & Environment, LLC 2121 Innovation Court, Suite 300 P.O. Box 5095 De Pere, WI 54115-5095 Office: (920) 497-2500 Direct: (920) 496-6643 Cell: (715) 347-5979 foth.com VIII-07 pw:\ Hastings MN C\0022H024.00\10000 Reports\Commercial Recycling Study\R-City of Hastings Commercial Recycling Study_11-6-23.docx Foth Appendix D Procedures and Templates for Future Study VIII-07 Sort Location: Address: Sort Personnel: Scale Model/Capacity/Accuracy Paper Cartons Metal Cans Glass Bottles/Jars Plastic (recyclable) NOTES AFIX LABELS TO CONTAINERS PRIOR TO WEIGHING Number of containers recommended: 6 ea for incoming sample, cardboard, and trash. 2 ea for paper, cartons, metal cans, glass, and plastic. COMMERCIAL RECYCLING SORT EVENT DATA record weight of 1 container per square CONTAINER WEIGHT Incoming Sample Cardboard Trash Quantities in pounds NOTES VIII-07 Commercial Recycling Location: Address: Hauler: Personnel: Recy. Container Size:CY Date: Trash Container Size:CY NAICS Code NOTES Paper Cartons Metal Cans Glass Bottles/Jars Plastic (recyclable) NOTES/CONTAMINANTS Incoming Sample Cardboard Quantities in pounds Trash Cont. Vol. at sample (circle) 1/4 1/2 3/4 full 1/4 1/2 3/4 full record weight of 1 container per square SAMPLE COLLECTION & SORT FORM RECYCLING SAMPLE TRASH SAMPLE CONTAINER WEIGHT VIII-07 Size Quantity Notes Sample Collection Equipment Garbage cans with lids 32 gallon 6 Ladder 6 ft 1 for dumpster entry Trash grabber 1 Shovel 1 Data collection sheet 1 per location Clipboard 1/team Pen 1/team Sorting Station Equipment Folding Table 6’ – 8’ 2 Tarps or 2 mil plastic sheeting 1 each 220 sq ft/day 10'x10' for floor, 2-6'x10' for two tables Hand rakes/trowels Totes 27 gallon 22 Printed Tote Labels 1/tote Tape to afix labels to totes Small whiteboard 1 Dry erase marker 1 Scale see note 1 platform 18"x18" min, capacity 100 lbs min Garbage Bags 45 gallon Broom 1 Dust pan 1 Floor Squeegee 1 Personal Protective Equipment Nitrile gloves as needed 1/staff/sample may wear under cut-proof gloves Puncture/cut proof gloves as needed 2/staff Aprons/Tyvek suits one size 1/staff/day clothing protection Safety goggles one size 1/staff Safety boots as needed pr/staff supplied by individual staff Item Equipment List City of Hastings Commercial Recycling Study VIII-07 OVERHEAD GARAGE DOORS STAGING AREASORTING TABLES SORTING FLOOR SORTING TOTES SCALE UNLOADING AREA SORTING STATION MAP COMMERCIAL RECYCLING STUDY CITY OF HASTINGS Revision Date:Date: OCTOBER 2023 Project: 22H024Checked By: AAL1Drawn By: ASL SORTING TOTES SAMPLE COLLECTION CONTAINERS OPTION 1 VIII-07 OVERHEAD GARAGE DOORS STAGING AREA SORTING TABLES SORTING FLOOR SCALE UNLOADING AREA SORTING STATION MAP COMMERCIAL RECYCLING STUDY CITY OF HASTINGS Revision Date:Date: OCTOBER 2023 Project: 22H024Checked By: AAL1Drawn By: ASL SORTING TOTES SAMPLE COLLECTION CONTAINERS OPTION 2 VIII-07 PAPER Newspaper and inserts, magazines and catalogs, mail and office papers (print 2) VIII-07 CARDBOARD Paperboard, corrugated cardboard (print 6) VIII-07 CARTONS aseptic packaging and gable top cartons, beverage, broth and soup cartons, juice boxes, milk cartons (print 2) VIII-07 METAL CANS Food and beverage aluminum, tin, and steel cans (print 2) VIII-07 GLASS BOTTLES AND JARS Food and beverage bottles and jars (print 2) VIII-07 PLASTIC BOTTLES, CONTAINERS AND JUGS PET, SPI #1, beverage bottles, HDPE, SPI #2, beverage, milk and laundry jugs, and polypropylene (PP) (SPI #5), food tubs (print 2) VIII-07 CONTAMINANTS Trash in recycling (print 2) VIII-07 TRASH Trash in Trash container (print 6) VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 20, 2023 Item: 2023 Budget Amendment: Police Station Heating & Cooling Automation Council Action Requested: Approve amendment to the 2023 Budget: $4,800 for Police Station heating and cooling automation Background Information: Facilities Manager Charlie Judge continues to find preventive/deferred building maintenance that needs to be addressed. The Police Station has long had heating and cooling problems due to partial and inconsistent conversion from a pneumatic to an electronic control system. This may work well in a large, open area such as a gym, but is inefficient and ineffective in an office building with walls and multiple zones. As a first step to resolving the heating and cooling problems, we propose recalibrating and balancing the system, which will greatly improve employee comfort and system efficiency right away. In the future, we will plan and budget to add VAV’s with heating coils so the system can appropriately heat and cool individual zones of the building. The quote from Gilbert Mechanical is $4,800. This includes reprogramming the air handler unit, calibration of DDC / VAV boxes, updated graphics, functional test, and training. Financial Impact: $4,800 Committee Discussion: Not applicable Attachment: Not applicable VIII-08 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: November 20, 2023 Item: Pre-Authorize Purchase of Bluebeam Plan Review Software Council Action Requested: Authorize purchase of Bluebeam Plan Review Software in the amount of $2,000 as included in the proposed 2024 City Budget. The authorization includes purchase of 5 annual licenses at $400 each for the Building Official and all Building Inspectors. The Building Department is seeking to purchase and implement the software as soon as possible during the winter so we can be up and ready for full implementation towards increased plan review in the spring. A simple majority is required for Council action. Bluebeam Software Bluebeam provides for digital plan review of building plans. Plans can be submitted electronically with review notes saved directly to the plans. Implementation will eliminate the need to print and store large scale plans for building permit projects and allow for multiple individuals to review and comment on plans simultaneously. Advisory Commission Review: N\A Financial Impact: The $2,000 annual cost will result in greater efficiency of plan review and reduced cost to store large plans. Attachments: • Bluebeam Software Pricing Information. VIII-09 11/16/23, 7:20 AM Bluebeam Pricing | Compare Plan Costs & Options | Bluebeam https://www.bluebeam.com/pricing/?utm_source=google&utm_medium=cpc&utm_content=us-buy&utm_campaign=220926-glob-ad-bf-subscription-p…1/12 BLUEBEAM PRICING Your work, your way All plans include access to Bluebeam Revu for Windows desktop and Bluebeam Cloud on web and mobile. You can mix and match plans for users with different needs. Basics For simple markups, document management and collaboration. $240 Per user, billed annually Key capabilities include: Measure length and area (no perimeter) Participate in Studio collaborations Core For professional-grade markups, measurements and collaboration. $300 Per user, billed annually Everything in Basics, plus: Complete For automating and accelerating your work 11/16/23, 7:20 AM Bluebeam Pricing | Compare Plan Costs & Options | Bluebeam https://www.bluebeam.com/pricing/?utm_source=google&utm_medium=cpc&utm_content=us-buy&utm_campaign=220926-glob-ad-bf-subscription-p…2/12 All plans include: Access to Bluebeam Revu for Windows desktop and Bluebeam Cloud on web and mobile Technical support via phone and email Full access to Bluebeam University training courses Unlimited secure centralized storage Document Markup & Tracking No perimeter or advanced measurements No ability to initiate or manage Studio collaboration Manage punch, RFIs and submittals on the go Enrich drawings with maps and GPS on web and mobile Batch signatures and seals automation Scripting commands for custom automations Previous version support for Revu 20 Annotate PDFs with markups such as customized text, shapes, and stamps Track and manage annotations Save and reuse tools from the Tool Chest Change the tool subject and add a comment in the Tool Chest Set and remove scale from tool sets Compare all features Basics Core Complete Get Bluebeam Get Bluebeam Get Bluebeam Try It Free VIII-09 11/16/23, 7:20 AM Bluebeam Pricing | Compare Plan Costs & Options | Bluebeam https://www.bluebeam.com/pricing/?utm_source=google&utm_medium=cpc&utm_content=us-buy&utm_campaign=220926-glob-ad-bf-subscription-p…3/12 Content Creation, Access & Management Assign markups to layers Flatten PDF markups Import PDF markups Redact PDF content permanently Translate markups to different languages Create and add dynamic stamps to PDFs 2D photo markups Insert hyperlinks into documents and assign a hyperlink to a speci 11/16/23, 7:20 AM Bluebeam Pricing | Compare Plan Costs & Options | Bluebeam https://www.bluebeam.com/pricing/?utm_source=google&utm_medium=cpc&utm_content=us-buy&utm_campaign=220926-glob-ad-bf-subscription-p…4/12 Navigation & Personalization Measurement Tools View 3D PDFs Create a table of contents from bookmarks Reduce City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kim Niederkorn, Accountant Date: November 20, 2023 Item: Delinquent Tree/Administrative Citation/Abatement Certification Council Action Requested: The Council is requested to authorize the Finance Department to certify delinquent tree/administrative citation/abatements to Dakota County. Tree/administrative citation/abatements customers with unpaid delinquent balances are being certified to Dakota County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance. The $50 penalty is included in each property’s certification. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: List of tree/administrative citation/abatement delinquents to be certified to Dakota County. VIII-10 PID#Delinq Bal Admin Fee Total 191050030180 $810.75 50.00$ $860.75 193215052020 $2,490.00 50.00$ $2,540.00 191050026090 $1,230.00 50.00$ $1,280.00 195750003130 $75.00 50.00$ $125.00 192580003160 $1,648.50 50.00$ $1,698.50 193215031070 $107.67 50.00$ $157.67 198375000460 $127.30 50.00$ $177.30 190270055051 $119.31 50.00$ $169.31 193215034010 $192.06 50.00$ $242.06 193215034010 $1,218.75 50.00$ $1,268.75 193215034010 $200.00 50.00$ $250.00 191050027090 $189.15 50.00$ $239.15 191050027090 $50.00 50.00$ $100.00 193215035010 $194.30 50.00$ $244.30 193215034040 $1,342.00 50.00$ $1,392.00 193215018070 $400.00 50.00$ $450.00 193215018070 $600.00 50.00$ $650.00 193215018070 $1,200.00 50.00$ $1,250.00 198375000270 $200.00 50.00$ $250.00 198375000270 $600.00 50.00$ $650.00 198375000270 $1,200.00 50.00$ $1,250.00 197730002190 $214.40 50.00$ $264.40 197730005140 $268.00 50.00$ $318.00 192580003160 $187.60 50.00$ $237.60 196340005040 $400.00 50.00$ $450.00 196340005040 $800.00 50.00$ $850.00 196340005040 $1,600.00 50.00$ $1,650.00 193215091080 $80.40 50.00$ $130.40 191050044050 $53.60 50.00$ $103.60 193215056040 $120.60 50.00$ $170.60 198375000360 $201.00 50.00$ $251.00 193215083040 $797.30 50.00$ $847.30 191050015120 $73.70 50.00$ $123.70 196330000255 $187.60 50.00$ $237.60 193195007010 $46.90 50.00$ $96.90 193215087050 $301.50 50.00$ $351.50 198375100117 $67.00 50.00$ $117.00 191050038160 $73.70 50.00$ $123.70 193215048040 $200.00 50.00$ $250.00 193215048040 $400.00 50.00$ $450.00 191840101010 $758.40 50.00$ $808.40 191320006062 $50.00 50.00$ $100.00 191320004010 $400.00 50.00$ $450.00 2023 Delinquent AR Certifications VIII-10 PID#Delinq Bal Admin Fee Total 197102604130 $400.00 50.00$ $450.00 197102604130 $800.00 50.00$ $850.00 194470201020 $200.00 50.00$ $250.00 194470201020 $157.50 50.00$ $207.50 197100103010 $200.00 50.00$ $250.00 198170005050 $200.00 50.00$ $250.00 191640402270 $400.00 50.00$ $450.00 191640402270 $800.00 50.00$ $850.00 191630002031 $200.00 50.00$ $250.00 193215081040 $1,323.00 50.00$ $1,373.00 191125015040 $3,203.25 50.00$ $3,253.25 191125015030 $708.00 50.00$ $758.00 193215084020 $371.25 50.00$ $421.25 193215084040 $2,268.00 50.00$ $2,318.00 193215086061 $2,851.65 50.00$ $2,901.65 191050026120 $619.50 50.00$ $669.50 191050025120 $965.25 50.00$ $1,015.25 191640401130 $200.00 50.00$ $250.00 193195008081 $250.00 50.00$ $300.00 195750004010 $200.00 50.00$ $250.00 191640203050 $400.00 50.00$ $450.00 191640203050 $800.00 50.00$ $850.00 191750038110 $200.00 50.00$ $250.00 191470101020 $200.00 50.00$ $250.00 191320004040 $1,030.00 50.00$ $1,080.00 193215040020 $210.00 50.00$ $260.00 $40,633.89 3,450.00$ $44,083.89 2023 Delinquent AR Certifications VIII-10 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Kim Niederkorn, Accountant II Date: November 20, 2023 Item: Delinquent Utility Billing Certification Council Action Requested: The Council is requested to authorize the Finance Department to certify delinquent utilities to Dakota County. Background Information: On June 15, 2020, City Council approved a process change regarding collecting delinquent utilities. This process-change resulted in eliminating disconnecting water service for delinquent residents, and instead certifying delinquent utilities to the residents’ property taxes. Per this process change, delinquent utility amounts will be certified to Dakota County annually. A list of utility accounts with a delinquent balance was compiled and notices dated September 29, 2023 were mailed. These customers were informed of their delinquent status and were asked to make payment of the delinquent balance by November 4, 2023. Utility accounts with unpaid delinquent balance are being certified to Dakota County to be added to property taxes payable in 2024. The certification amount is equal to the unpaid delinquent balance. The $50 penalty is included in each property’s certification. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: List of delinquent utility accounts to be certified to Dakota County. VIII-11 2023 UB Delinquent Certifications PID Delinq Bal Admin Fee TOTAL 193215103040 448.13 50.00 498.13 191330004080 102.78 50.00 152.78 193215116010 225.40 50.00 275.40 191050006090 837.46 50.00 887.46 193215009010 102.93 50.00 152.93 193215022040 985.35 50.00 1,035.35 191050019180 716.18 50.00 766.18 191050027050 119.22 50.00 169.22 193215025030 448.87 50.00 498.87 193215018070 461.13 50.00 511.13 193215029082 315.65 50.00 365.65 191050030040 271.69 50.00 321.69 193215039040 509.58 50.00 559.58 191050029110 292.24 50.00 342.24 191050030180 2,068.54 50.00 2,118.54 193215134020 172.75 50.00 222.75 191050047070 477.49 50.00 527.49 191050047100 491.45 50.00 541.45 191050042090 622.77 50.00 672.77 191125010010 629.14 50.00 679.14 193215066080 103.37 50.00 153.37 190280069020 412.62 50.00 462.62 191125014063 273.13 50.00 323.13 191125014060 323.35 50.00 373.35 191125019061 567.71 50.00 617.71 193215084020 7.89 50.00 57.89 193215087050 495.57 50.00 545.57 193215086061 297.64 50.00 347.64 193195007061 530.58 50.00 580.58 193210006100 301.33 50.00 351.33 195750004010 332.15 50.00 382.15 195750003130 137.61 50.00 187.61 198815008081 329.58 50.00 379.58 196330000160 587.65 50.00 637.65 196330000165 674.08 50.00 724.08 196340005040 489.32 50.00 539.32 198375200132 693.52 50.00 743.52 198375000360 870.60 50.00 920.60 198375000450 641.39 50.00 691.39 191360007020 297.42 50.00 347.42 196340006030 106.88 50.00 156.88 196340002170 440.40 50.00 490.40 196340002100 139.06 50.00 189.06 198375100810 505.92 50.00 555.92 198375100670 542.39 50.00 592.39 VIII-11 2023 UB Delinquent Certifications PID Delinq Bal Admin Fee TOTAL 198375000270 1,287.90 50.00 1,337.90 192580003160 1,003.06 50.00 1,053.06 192580001010 110.03 50.00 160.03 190380010020 434.17 50.00 484.17 197730003291 462.49 50.00 512.49 197730002200 94.43 50.00 144.43 190270055010 176.87 50.00 226.87 194470102030 30.22 50.00 80.22 194470102040 564.55 50.00 614.55 194470401120 775.96 50.00 825.96 195770101030 228.07 50.00 278.07 196660102023 310.69 50.00 360.69 191950003060 607.51 50.00 657.51 197700002070 1,201.66 50.00 1,251.66 191340005160 48.51 50.00 98.51 191950304060 148.10 50.00 198.10 191950401090 489.57 50.00 539.57 197100102010 708.75 50.00 758.75 197100103010 987.09 50.00 1,037.09 198323906030 69.29 50.00 119.29 192950001080 90.04 50.00 140.04 198324302020 92.08 50.00 142.08 191630002031 339.89 50.00 389.89 191470001131 322.62 50.00 372.62 191470302030 771.26 50.00 821.26 191470002080 176.74 50.00 226.74 191470101020 175.55 50.00 225.55 196810201120 99.72 50.00 149.72 195850000120 321.70 50.00 371.70 195850000120 851.83 50.00 901.83 197330000130 64.84 50.00 114.84 191750038110 332.97 50.00 382.97 191750114050 131.56 50.00 181.56 191750033040 66.48 50.00 116.48 197102503290 83.24 50.00 133.24 197102601020 1,557.29 50.00 1,607.29 197102603090 223.98 50.00 273.98 197320701230 594.56 50.00 644.56 197320601130 288.31 50.00 338.31 191640202240 337.51 50.00 387.51 191640201100 417.52 50.00 467.52 191640201080 630.73 50.00 680.73 191640302040 150.83 50.00 200.83 191640401080 431.91 50.00 481.91 VIII-11 2023 UB Delinquent Certifications PID Delinq Bal Admin Fee TOTAL 191640402210 697.93 50.00 747.93 197320501030 338.77 50.00 388.77 196437702102 291.74 50.00 341.74 196437702203 209.77 50.00 259.77 196437501100 3,110.39 50.00 3,160.39 196438001160 342.66 50.00 392.66 196438002030 795.61 50.00 845.61 198395005060 30.34 50.00 80.34 193120001080 104.98 50.00 154.98 198395302060 61.06 50.00 111.06 197250002550 231.68 50.00 281.68 195790002080 106.88 50.00 156.88 196390003090 1,145.67 50.00 1,195.67 195790005050 1,132.15 50.00 1,182.15 197105103170 200.00 50.00 250.00 197105104080 162.42 50.00 212.42 197105004020 472.64 50.00 522.64 193200002012 81.17 50.00 131.17 193200002012 186.62 50.00 236.62 193200602050 53.83 50.00 103.83 192970201200 359.01 50.00 409.01 192970201150 90.15 50.00 140.15 192970203310 437.94 50.00 487.94 192970203100 108.55 50.00 158.55 190350091011 92.08 50.00 142.08 190410030010 92.08 50.00 142.08 190410038016 92.08 50.00 142.08 190040001010 42.54 50.00 92.54 49,762.73 5,850.00 55,612.73 VIII-11 City Council Memorandum Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪Amendment #2 ▪Apex Facility Solutions, LLC agreement (fully executed) To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: November 20, 2023 Item: Agreement Amendment #2 with Apex Facility Solutions, LLC Council Action Requested: Approve Amendment #2 for the Guaranteed Energy Savings Agreement with Apex Facility Solutions, LLC for the Refrigeration Plant Replacement, West Rink Roof Replacement, and Solar System Installation projects at the Hastings Civic Arena. Background Information: These projects have been identified as needed facility upgrades, and Council has provided their commitment to completing both of these projects in 2024. Minnesota Statute 471.345 subd. 13 allows the City to enter into a Guaranteed Energy Savings Agreement. Using this statute does require the City to publish our intent to enter into this agreement, which was completed in the June 22, 2023 edition of the Hastings Journal. This agreement must also guarantee energy savings over the 20-year life of the agreement, which it does. Amendment #2 captures the remaining aspects of the overall refrigeration and roofing projects at the Hastings Civic Arena. This includes the refrigeration system itself, electrical service, and solar array for the west rink roof. Financial Impact: The total cost of this project is $5,217,704.00. A combination of city and state funding is the target for completing this project. IX-01 AmendmentApex Facility Solutions, LLC Client: City of Hastings Amendment No: 2 Project: Hastings Civic Arena Upgrades 11/3/2023 Apex Project No: 30323036 The Contract is Amended as Follows: This Amendment 2 modifiys the existing Agreement to add more detailed scope of work and costs for the refrigeration system replacement and related room modifications, and solar PV system to the agreement. The following changes to the agreement are included in this Amenedment. 1. Replace the Agreement Exhibit A Scope of Work with the attached new Exhibit A. 2. Replace the Agreement Exhibit B Schedule of Payments with the attached new Exhibit B. 3. Section 10.0 Compensation and Payment: replace the Construction Work list with the following updated list. Construction Work Refrigeration System Motor Control Center (long lead item)$258,929.00 Refrigeration System $2,861,536.00 Electrical System Upgrade $342,522.00 Roof Replacment West Rink $1,161,746.00 Solar on West Rink $375,580.00 Original Contract Value:$217,391.00 Net Prior Amendments:$1,420,675.00 Contract Value Prior to this Amendment:$1,638,066.00 This Amendment Add (Deduct):$3,579,638.00 New Contract Value after Change Order:$5,217,704.00 NOT VALID UNTIL SIGNED BY THE CONTRACTOR AND CLIENT Apex Facility Solutions, LLC City of Hastings Contractor Client By (Signature)By (Signature) By (Printed)By (Printed) Date Date Attachments: Exhibit A Summary of Work Exhibit B Payments Schedule Exhibit D Operations and Savings Calcs. 3495 Northdale Blvd. NW, Suite 230, Coon Rapids, MN 55448 www.apex-co.us Page 1 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 1 of 19 Exhibit A – Summary of Work Definitions: CLIENT shall also be referred to as OWNER and/or HOST. CONTRACTOR shall also be referred to as APEX and/or DEVELOPER. The Green highlighted items are part of the previous agreement and the white is the new scope as part of this amendment. Scope General: Scope of work shall be development and construction of the following major scopes of work: •Refrigeration Design •Long Lead Equipment Procurement •Replacement of Existing Refrigeration System •Replacement of main electrical switchgear •Replacement of West Rink Roof •Install Solar on the West Rink Roof Apex Facility Solutions Location Cost Guaranteed Utility Savings Annual O&M Savings One Time O&M Savings Potential Incentives Net Cost Simple Payback Ice Arena $258,929 $0 $0 $200,000 $0 $258,929 N/A Ice Arena $217,391 $16,241 $7,000 $0 $0 $217,391 9.4 Ice Arena $2,861,536 $0 $0 $2,861,536 $500 $2,861,036 N/A Ice Arena $342,522 $0 $0 $342,522 $0 $342,522 N/A West Ice Sheet Flat Roof Section $1,161,746 $0 $0 $800,000 $0 $1,161,746 N/A West Ice Sheet Flat Roof Section $375,580 $0 $18,679 $100,000 $112,674 $262,906 8.7 $5,217,704 $16,241 $25,679 $4,304,058 $113,174 $5,104,530 19.10 Work Description MCC - Purchasing of new Motor Control Centers for the ice plant Electrical Service Replacement - Current Interior Location - Replace existing main electrical service with new Totals Refrigeration Design - Design of the ice rink refrigeration system to size the MCC Roofing - Replace existing Roof with new built up roof, new drains, and parapits Roofing Scope Ice Arena System Refrigeration System Replacement - Installation of new Ammonia refigeration system with room modificaitons Solar Scope Purchase Outright - City Owned - Roof Limited IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 2 of 19 Refrigeration Design: Refrigeration design shall include design required for the replacement of the existing refrigeration system located at Hastings Civic Arena with a new two rink industrial grade ammonia refrigeration system and identification and specification of any long lead equipment required to support a Summer 2024 installation schedule. Work Included: •Ice System engineering includes one industrial grade refrigeration system and waste heat recovery systems (subfloor heating, snow melt pit system). •Mechanical engineering including ventilation system for new ice equipment room, eyewash shower systems, connection to fire alarm system, and plumbing modifications as necessary. •Electrical engineering including new electrical feeder to new ice equipment motor control center if needed and to the new mechanical equipment, convenience receptacles, and lighting modifications in the new ice equipment room. •Architectural and structural design for enclosing the existing mechanical room for code compliant room, condenser supports, pipe penetrations, etc. •Demolition drawings for systems mentioned above. MMC: As part of the development of the ice arena refrigeration plant, two MCCs were necessary to provide the plant with power. One of the units would be located in the Ammonia refrigeration room to power the compressors and accessories in that room. The second would be in the pump room that would power the main rink pumps, and other aspects of the refrigeration plant. These electrical parts are critical to the function of the plant. IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 3 of 19 Replacement of Refrigeration System: Replacement of the existing refrigeration system shall include replacement of the existing refrigeration system with a new two rink ammonia refrigeration system. The system will have new compressors, pumps, tower and chiller equipment to provide rink cooling for the two rinks. The room will be modified to be an enclosed structure and new ventilation system will be installed to meet code. IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 4 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 5 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 6 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 7 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 8 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 9 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 10 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 11 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 12 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 13 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 14 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 15 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 16 of 19 Electrical Switch Gear Replacement : Work under this scope item shall include replacement of the existing main electrical switch gear for the building at the same location as existing. Existing gear is outdated and needs to be replaced for the extended life of the system. IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 17 of 19 Replacement of West Rink Roof: Work under this scope item shall include replacement of the existing west rink flat roof with a new modified built-up roof, and new metal perimeter roofing with flashing. A new ladder would be installed from the lower roof for safe access to the higher roof. In addition to the new flat roof, perimeter edging will be installed to eliminate the flat roof water from going over the edge. With new sloped insulation and roof drainage, new interior roof drains will be installed to take the water away. The water will be discharged into an existing rain water system in the parking lot. Below is the scope of work for the roofing project: IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 18 of 19 IX-01 EXHIBIT A SUMMARY OF WORK EXHIBIT A Page 19 of 19 Solar on West Rink Roof: Work under this scope item shall include installation of new Solar PV system that will be tied into the building electrical system. The photo below represents the approximate location of the new system. Work shall be code compliant, and all power will be fed back into the building for the building usage. IX-01 EXHIBIT B PAYMENTS SCHEDULE EXHIBIT B Page 1 of 1 Exhibit B – Estimated Payments Schedules Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24 Aug-24 Sep-24 Oct-24 Nov-24 Design $217,391 $108,696 $108,696 Long Lead Equipment (MCC) $258,929 $129,465 $129,465 Roofing $1,161,746 $232,349 $232,349 $348,524 $232,349 $116,175 Refrigeration $2,861,536 $286,154 $858,461 $286,154 $286,154 $286,154 $286,154 $286,154 $143,077 $143,077 Electric System Upgrade $342,522 $171,261 $171,261 Solar PV $375,580 $150,232 $150,232 $75,116 Totals $5,217,704 $238,160 $108,696 $0 $0 $0 $0 $286,154 $232,349 $0 $1,090,810 $634,677 $647,967 $402,328 $286,154 $436,386 $464,570 $389,454 IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 1 of 8 Performance Guarantee and Savings Calculations Summary Table of Energy Savings and O&M Savings: Utility Rates: Table below summarizes the baseline utility rates currently being paid by the client to their utility providers. These rates were used in establishing the Baseline in Exhibit D. Throughout the Term of the Guarantee Period the utility rates in Table D1, escalated at 3.2% per year shall be used in determining savings. The Client acknowledges and accepts the utility rates set forth in Table below. Electric Natural Gas Facility $/kWh $/kW $/Therm Ice Arena $ 0.090 $10.49 N/A ANNUAL UTILITY COST SAVINGS GUARANTEE The Client shall be guaranteed annual utility costs savings by the Contractor, a total of $16,241.00 per year. Where required by the Measurement and Verification Plan, the Contractor shall measure and document savings in each year in accordance with the plan. Where required by the Measurement and Verification Plan, the Parties agree to use the pre-agreed utility savings each guarantee year for the annual guarantee reconciliation subject to adjustment provision set in Exhibit D. ANNUAL OPERATION & MAINTENANCE COST SAVINGS GUARANTEE The Client shall be guaranteed annual costs savings by the Contractor, a total of $25,679.00 per year. The Parties agree to use the Operation & Maintenance savings each year for the annual guarantee reconciliation subject to adjustments provisions set in Exhibit D. ONE TIME OPERATION & MAINTENANCE COST SAVINGS GUARANTEE The Client shall be guaranteed costs savings by the Contractor, a total of $4,304,058.00 total. The Parties agree to use the Operation & Maintenance savings for the annual guarantee reconciliation subject to adjustments provisions set in Exhibit D. ANNUAL M&V MEETING / RECONCILIATION On an annual basis, on or near the date of Commencement of Energy Savings, there shall be a meeting held to review the savings (energy and operations and maintenance). If the report shows that there is a shortfall in the annual savings (actual vs guaranteed), CONTRACTOR shall write a check to cover the difference to the client. CONTRACTOR reserves the right to, at their own expense, make additional modifications to the client’s facility Location FIM Details Therms kWh kW/yr $ - Therm $ - kWh $ - kW Total Savings Safety Factor Guaranteed Savings Ice Rink Refrigeration Savings 0 200,510.91 0 $ - $18,045.98 $ - $18,045.98 90% 16,241$ IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 2 of 8 (with client’s approval) to obtain additional savings in future years. If the report shows an excess of savings (actual vs guaranteed), the excess savings shall be the property of the client and CONTRACTOR shall have no right to any portion of it. Each guarantee year shall stand on its own merit and shall not take into account excess savings in any prior year. BASELINE ADJUSTMENTS The following adjustments to the established baseline shall be allowed for generation of the energy savings determination. The hours a facility is occupied and/or equipment and lighting is utilized is a variable which will be adjusted for if the number of hours rises or drops more than 10% from the quantity identified in Exhibit D. Where applicable, energy management systems will be used to monitor and verify hours of equipment operation. Buildings without energy management systems will have equipment operation logged by Client building staff. The Contractor may use energy modeling to quantify changes from the baseline resulting from changes to: • Square footage changes • Weather changes • Major remodeling or renovation projects • Quantity or modification of facility equipment • Change in building or central plant usage • Change in process • Change in volume of product being produced or processed The Client agrees to notify the Contractor of any changes or additions of equipment or environments that may affect the energy consumption associated with the buildings under this Agreement at the Annual Meeting. UTILITY COST SAVINGS ADJUSTMENT The Savings guarantee is for energy saved (fuel, kWh, gallon, etc.). The Contractor does not take responsibility for price fluctuations from the utility, which are outside of our control. In the Measurement and Verification reports we will provide cost savings data with the energy savings guarantee calculated as outlined below. For the purpose of calculating savings under this guarantee, utility rates used will be the base rates paid by the Client subject to the following: The base Rate will be the rates included in Exhibit D of the Agreement. In the event that a facility has multiple meters, a weighted average rate of the meters will be used. The Weighted average will be weighted by the kwh used per year for each meter. Rate Schedule Change: The rate used shall be limited to a floor rate and a ceiling rate. When a utility makes a change to the utility rate, the new rate shall be used for computing savings however the adjustment shall be constrained by the floor and ceiling. The floor rate shall never drop below the base rate. The ceiling rate shall never exceed 1.5 times the base rate above. IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 3 of 8 OPERATION & MAINTENANCE COST SAVINGS ADJUSTMENT Operation and Maintenance Cost Savings Adjustment. Unless otherwise stated, the Parties agree that the Operation and Maintenance Cost Savings identified in this Exhibit will be in effect for the term of the contract. IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 4 of 8 TECHNICAL SERVICE AGREEMENT GENERAL The Technical Service Agreement (TSA) will be provided to the Client for the first year and is included in the total price of this Agreement. Services set forth under this agreement are outlined below. SCOPE OF WORK For each year the Technical Service Agreement is in force, the following work shall be completed under the TSA: 1. Site visits will be conducted two times each year. Visits will inspect and verify proper operation of FIM’s. Visits will include operations review with staff and consulting for new insight and training on the new technologies and/or procedures. 2. Annually a report will be provided to the Client. The report shall include reporting of measured and verified FIM’s and will verify savings conformance with guarantees provided in the Agreement. TERMS AND CONDITIONS The TSA shall be in force for 12 months starting from the substantial completion of the last FIM to be completed, or for 12 months from the Prior TSA agreement if the TSA agreement is renewed. This TSA agreement will automatically renew for the next one-year period unless either party provides written notice of non-renewal to the other party at least sixty (60) days prior to the end of the current term in force. The total first year price for the Services is included in the Agreement price. The TSA Agreement price for successive years starting in year two is indicated in the following table: Year Escalation Fee 1 NA Included in Agreement 2 3.50% $8,000 3 3.50% $8,280 4 3.50% $8,570 5 3.50% $8,870 Any additional years will increase by 3.50% annually. Payment shall be on an annual basis until the end of the Guarantee Term or until the Client terminates the on- going services. Annual payment shall be invoiced at the end of the period. Termination of the TSA can be done by the Client in writing any time prior to the start of work on the currant years M&V report. Termination of the TSA automatically terminates the Guaranteed Energy Savings Agreement, and renders the Contractor’s savings guarantee null and void. Energy Saving Calculations: Guaranteed energy savings shown in Exhibit A scope summary are based on calculations and assumptions presented in this exhibit. Utility Cost Savings and/or unit savings provided in this exhibit may differ from those provided in Exhibit A and Exhibit E. The Annual Guaranteed Savings Amount and/or unit savings provided in Exhibit A and Exhibit E include a safety/risk factor. IX-01 EXHIBIT DFACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 5 of 8 Refrigeration Savings Re f r i g e r a t i o n H e a d P r e s s u r e C o n t r o l Is s u e : - T h e r e f r i g e r a t i o n s y s t e m c u r r e n t l y o p e r a t e s c o n s t a n tl y a t t h e d e s i g n h e a d p r e s s u r e s e t p o i n t - T h e r e f r i g e r a t i o n s y s t e m h e a d p r e s s u r e c a n b e r e d u ce d d u r i n g m u c h o f t h e y e a r t o r e d u c e t h e e n e r g y u s e b y t h e c o m p r e s s o r s . Pr o p o s e d M o d i f i c a t i o n : - R e p r o g r a m t h e c o n t r o l s t o r e d u c e t h e h e a d p r e s s u r e wh e n p o s s i b l e . Ob s e r v a t i o n s a n d C a l c u l a t i o n A s s u m p t i o n s : - F r o m e x p e r i e n c e w i t h o t h e r s y s t e m s , t h e h e a d p r e s s u r e c a n b e r e d u c e d d o w n t o a b o u t 1 0 0 p s i Vi l t e r C o m p r e s s o r D a t a f o r R - 2 2 - T h e f a n s p e e d f o r t h e l o w e r c o n d e n s i n g t e m p w i l l b eg i n t o r e d u c e s p e e d 5 ° b e l o w n e w c o n d e n s i n g t e m p Ex i s t i n g C o n d i t i o n s : Av e r a g e R e f r i g e r a t i o n L o a d 1 0 0 T o n s t e m p p s i t o n s b h p k W k W / T t o n s b h p k W k W / T Ex i s t i n g C o n d e n s i n g T e m p 9 5 ° 6 0 1 0 1 . 6 5 1 . 3 5 2 . 3 4 0 . 7 5 0 . 7 9 4 7 6 . 9 7 6 . 9 5 9 . 9 2 0 . 7 7 9 Ex i s t i n g k W / T o n 1. 2 3 k W / T 7 0 1 2 1 . 4 4 8 . 9 5 7 . 2 4 4 . 5 7 0 . 9 1 1 7 3 . 5 8 4 . 1 6 5 . 5 3 0 . 8 9 2 85 1 5 5 . 7 4 4 . 6 6 2 . 8 4 8 . 9 3 1 . 0 9 7 6 6 . 9 9 2 . 3 7 1 . 9 2 1 . 0 7 5 Co n d e n s i n g T e m p e r a t u r e C a l c u l a t i o n D a t a 95 1 8 1 . 8 4 1 . 2 6 6 . 1 5 1 . 5 1 . 2 5 6 1 . 8 9 7 . 2 7 5 . 7 3 1 . 2 2 5 10 0 1 9 5 . 9 3 9 . 2 6 7 . 3 5 2 . 4 4 1 . 3 3 8 5 8 . 8 9 8 . 9 7 7 . 0 6 1 . 3 1 1 In p u t s : We t B u l b A p p r o a c h 1 0 ° Lo w e s t C o n d e n s i n g T e m p 7 0 ° Op e r a t i n g H r s . 5 , 6 0 0 H r s Co n d e n s i n g U n i t F a n H P 3 0 H P OA T W h e n C U F a n D r o p s t o 0 % 3 0 ° Co m p r e s s o r s D a t a f o r R 7 1 7 A m m o n i a Ca l c u l a t i o n - P r o p o s e d O p e r a t i n g C o n d i t i o n s : Av e r a g e C o n d e n s i n g T e m p 7 1 . 0 ° ( f r o m i n p u t s a n d b i n d at a b e l o w ) Co n d e n s i n g U n i t F a n k W 1 6 . 2 k W t e m p p s i t o n s b h p k W k W / T t o n s b hp k W k W / T Mi n i m u m F a n k W 1 . 6 k W 4 6 8 2 . 6 6 4 4 7 . 6 3 7 . 0 9 0 . 5 7 9 8 5 . 7 6 3 . 5 4 9 .48 0 . 5 7 7 56 9 9 . 9 6 2 . 4 5 3 . 8 4 1 . 9 2 0 . 6 7 2 8 3 . 5 7 1 . 8 5 5 . 9 4 0 . 6 7 0 Ca l c u l a t e d P o i n t s : (f r o m c h a r t s o n r i g h t ) 6 6 1 2 0 . 0 6 0 . 8 6 1 . 5 4 7 . 9 2 0 . 7 8 8 8 1 . 4 82 6 3 . 8 9 0 . 7 8 5 Pr o p o s e d k W / T o n 0 . 8 7 k W / T 7 6 1 4 3 . 0 5 9 . 2 6 9 . 8 5 4 . 3 9 0 . 9 1 9 7 9. 2 9 3 . 2 7 2 . 6 2 0 . 9 1 7 86 1 6 9 . 3 5 7 . 4 8 0 . 7 6 2 . 8 8 1 . 0 9 5 7 6 . 9 1 0 7 . 6 8 3 . 8 4 1 . 0 9 0 Sa v i n g s C a l c u l a t i o n : kW h S a v i n g s = ( ( k W / T e x i s t i n g - k W / T p r o p ) * T o n s * H r s ) - F a n k W h P e n a l t y = 1 7 2 , 2 4 2 k W h # o f C o m p r e s s o r s 4 6 # o f C o m p r e s s o r s RX F 3 9 RXF 50IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 6 of 8 Savings Summary: kWh: 200,510.91 kW: 0 Therms: 0 Refrigeration System Night Setback Issue: - The ice rinks are not in use between 12:00AM and 5:00AM which allows the refrigeration equipment to be shut off Proposed Modification: - Configure the system to shut off all refrigeration equipment to shut off from 12:00AM and 3:00AM Observations and Calculation Assumptions: - The system must start an hour before being occupied to bring the ice back to temperature Inputs: Pump Tag HP P-1 Brine Pump 30 P-3 Brine Pump 20 50 Savings Calculation: Load Factor 0.7 Efficiency 0.9 Existing Motor kW=.746*HP*Duty Factor/Motor Eff. P-1 17.4 kW P-3 11.6 kW kWh Savings Hours of Operator Avoided 3 Days P-1 336 17,546 kWh P-3 308 10,723 kWh Total 28,268 kWh System Subtotal HP IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 7 of 8 OPERATIONAL AND MAINTENANCE SAVINGS The first-year annual operational savings identified in the Annual Operational Savings Table below are Stipulated Operational Savings for the First Guarantee Year documented by the calculations and methodologies described below and are not subject to measurement or verification. These savings have been reviewed and analyzed by the Parties and may include but are not limited to repair and maintenance cost reductions; deferred maintenance backlog cost reductions; and other long term operating cost savings. In each subsequent Guarantee Year, the Stipulated Operational Savings in below table shall be escalated at a rate of 3.2% per year to determine the Stipulated Savings from operating savings for such Guarantee Year. The Client agrees and accepts that upon Substantial Completion of the Project, the Stipulated Operational Savings set forth below shall be deemed achieved and included, with appropriate escalation as set forth herein, in the Annual Savings determined for such Guarantee Year. Annual Operational & Maintenance Savings FIM/Building Stipulated Savings Notes Refrigeration System – Replacement of the refrigeration system and install new screw compressors $ 7,000 Engineering Estimate Solar System – Installing city owned solar system $18,679 Engineering Estimate Total Operational Cost Stipulated Savings in First Guarantee Year:$ 25,679 The above values are based on CONTRACTOR’s estimate of annual costs (maintenance & repair) associated with these FIM’s and includes both internal and external costs related to the proposed FIM’s. The Engineering Estimate above are based on experience, age, physical condition / state of the systems and equipment, site evaluations, discussions with Client personnel, and review of existing costing associated with maintenance of these items. IX-01 EXHIBIT D FACILITY OPERATING PARAMETERS & UTILITY SAVINGS CALCULATION METHODS EXHIBIT D Page 8 of 8 One Time Operational & Maintenance Savings FIM/Building Stipulated Savings Notes MCC - Purchasing of new Motor Control Centers for the ice plant $ 200,000 Refrigeration System – Replacement of the refrigeration system and install new screw compressors $ 2,861,536 Electrical Service Replacement - Current Interior Location - Replace existing main electrical service with new $ 342,522 Roofing - Replace existing Roof with new built up roof, new drains, and parapets $ 800,000 Purchase Outright - City Owned - Roof Limited Solar $ 100,000 Total One Time Operational Cost Stipulated Savings:$ 4,304,058 One time O&M Savings are operational savings associated with future expenditures by the Client. Client has agreed that performing the scopes of work that have associated one time O&M Savings will result in a reduction of future expenditures, which is being captured in this one time O&M Savings. IX-01 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 I X - 0 1 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: November 20, 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: Settlement Analysis by Peder Larson and Sarah Greening (11/14/2023) X-E-01 Memorandum To: Dan Wietecha Hastings City Administrator From: Peder Larson Sarah Greening Date: November 14, 2023 Re: June 22, 2023 Proposed Class Action Settlement Agreement Analysis The memorandum analyzes the June 22, 2023 Proposed Class-Action Settlement Agreement (“Settlement Agreement”) between 3M and certain “Active Public Water Systems” in the United States. Hastings has rights and obligations under the Settlement Agreement as an “eligible claimant.” We analyze the allocation procedures for determining the amount of funding available to Hastings, the required release of future claims by claimants receiving funds, the process for opting out of the Settlement Agreement, and relevant exclusions from the Settlement Class. This memorandum also describes at a general level ways Hastings can fund its drinking water project to remediate PFAS contamination in its well water through state funding or by directly suing 3M to fully fund its drinking water remediation project. Summary Hastings is an eligible claimant under the June 22, 2023 Settlement Agreement. In total, 3M has agreed to pay between $10,500,000,000 to $12,500,000,000 to the Settlement Fund, which in turn will make payments to eligible claimants. This money will be allocated pursuant to allocation procedures that diminish the amount any individual claimant will receive. Using those allocation procedures, Hastings Public Works calculates potential class action funds in a very rough range of $1,300,000 to $3,000,000 (in 10 payments over 9 years) if it submits a claim in accordance with the claims procedure outlined in Settlement Agreement. If Hastings does not opt out of the Settlement Agreement, it will be precluded from pursuing any future claims against 3M, its affiliates, predecessors, and successors related to PFAS contamination that occurred before the Effective Date of the Settlement Agreement, subject to limited exceptions. Thus, Hastings would not be permitted to pursue litigation against 3M even if Hastings could trace contamination in its drinking water supply directly to a 3M Manufacturing Site. The Settlement Agreement explicitly includes a Covenant Not to Sue 3M and its affiliates based upon the released claims. X-E-01 2. If Hastings does not timely opt out of the Settlement Agreement, it will be bound by its terms, including the Release and Covenant Not to Sue. To opt out, Hastings must file a written and signed “Request for Exclusion” statement and serve the same on the appropriate parties no later than December 11, 2023. There are alternative ways Hastings can pursue funds for its drinking water project. If Hastings opts out of the Settlement Agreement, it could separately pursue 3M for damages. If Hastings can trace its contamination to a 3M manufacturing site, it has a greater chance of bringing 3M directly to the table to discuss a settlement specifically for Hastings. But, without a full understanding of the source of contamination, it is hard to predict the likelihood of successful litigation. Also, any litigation will likely involve a fair amount of upfront costs for research and drafting in order to prepare and initiate a lawsuit. After considering the costs and benefits of each option, if Hastings intends to commence a treatment and remediation project for its drinking water that is projected to cost nearly $70,000,000, it may be prudent for Hastings to opt out of the June 22, 2023 Settlement Agreement to avoid waiving its rights against 3M while also continuing to pursue funds potentially available from the 2018 3M Settlement Grant and from the Minnesota legislature. ANALYSIS June 22, 2023 Proposed Class Action Settlement Agreement a. General Overview In August 3M secured preliminary court approval for a Proposed Class-Action Settlement to resolve drinking water claims by public water systems involving per- or poly-fluoroalkyl substance (“PFAS”) contamination. Final court approval will not occur until a “fairness hearing” is held on the settlement in early 2024. Hastings is a “Class One Eligible Claimant” and will be bound by the final settlement unless it opts out of the settlement. Settlement Amount. 3M has agreed to pay between $10,500,000,000 to $12,500,000,000, subject to final approval by the Court. Each Class Member that has not opted out of the Settlement Class will be eligible to receive settlement check(s) from the Claims Administrator based on the allocation procedures set forth in the Settlement Agreement. The Settlement Agreement calls for 3M to make payments annually from 2024 through 2036. Release of Claims Against 3M. All Class Members that have not opted out of the Settlement Class will release certain claims against 3M, its affiliates, predecessors, and successors. This includes claims arising out of, relating to, or involving PFAS that has entered or may enter drinking water or the Class Member’s drinking water system. Some claims unrelated to public drinking water systems are not waived, such as claims for damages related to a government directive to remove contamination from real property unrelated to a public water system (such as an airport or fire training facility), claims related to potable water continuation not premised on the need to protect public water system sources and claims related to stormwater and wastewater treatment systems. X-E-01 3. Covenant Not to Sue. Class Members agree not to sue 3M or its affiliates for damages, loss, or injury arising out of, related to, or involving any act, error, omission, event, or thing within the scope of the Release described in the agreement, including claims arising from PFAS that has entered a public entity’s drinking water system. (1) Settlement Allocation Procedures For Class Members Who Do Not Opt Out The Allocation Procedures for settlement funds use formulas to determine amounts due to eligible Class Members and are designed to equitably compensate Class Members for PFAS-related treatment. Eligible Class Members fall into one of two categories: Phase One Qualifying Class Members and Phase Two Qualifying Class Members. A Phase One Qualifying Class Member is a Public Water System that has one or more Impacted Water System as of June 22, 2023. Hastings is a Phase One Qualifying Class Member. Phase One Qualifying Class Members will be allocated approximately $6,875,000,000. The deadline for Phase One Qualifying Class Members to submit a Public Water System Settlement Claims Form for all Impacted Water Sources is sixty (60) calendar days after the Effective Date.1 Attached hereto is Exhibit Q to the Settlement Agreement, titled “Allocation Procedures.” The information below provides a brief summary of the relevant procedures. (a) Baseline Testing Each Phase One Qualifying Class Member must perform Baseline Testing. Baseline Testing requires each Class Member to test each of its Water Sources for PFAS; request from the laboratory that performs the analyses all analytical results, including the actual numeric values of all analytical results; and submit detailed PFAS test results to the Claims Administrator on a Claims Form(s). Class Members that have tested Water Sources on or before June 22, 2023, using a state- or federal- approved methodology and found to contain a Measurable Concentration of PFAS, do not need to test again. Any Water Source tested prior to January 1, 2019, that did not result in a Measurable Concentration of PFAS, must retest to meet Baseline Testing requirements. (b) Base Scores for Water Sources Settlement funds are allocated based on factors that dictate the costs of water treatment. Costs associated with water treatment generally consist of 1) capital costs and 2) operations and maintenance costs. The Allocation Procedures utilize proxies for capital costs and operations and maintenance costs to generate a “Base Score” for each Impacted Water Source. The Claims 1 The Effective Date is five business days after the date of “Final Judgment,” which is the earliest date after the Court approves the Settlement Agreement, enters judgment terminating the action, and the time to appeal the Court’s approval of the Settlement Agreement has expired. X-E-01 4. Administrator will input the flow rates and PFAS concentrations from the Claims Forms into an EPA-derived formula that calculates a Base Score for each Impacted Water Source.2 (i) PFAS Score For purposes of calculating each Impacted Water Source’s PFAS Score, the Claims Administrator will determine the highest concentration, expressed in parts per trillion, that the Impacted Water Source has shown on the Settlement Claims Form, according to one or more Qualifying Test Results, for PFOA, for PFOS, and for any other single PFAS analyte listed on the Claims Form. The PFAS score is the greater of either (i) the sum of maximum levels for PFOA and for PFOS, or (ii) the sum of maximum levels of PFOA and PFOS averaged with the square root of the maximum level of any other single PFAS analyte listed on the Claims Form. (ii) Adjusted Flow Rate Impacted Water Sources’ flow rates can be reported in the Claims Form in either gallons per minute (“gpm”) or Million Gallons per Day (“MGD”). The Claims Administrator will convert the MGD reported flow rates into gpm for all calculations. Groundwater sources should report flow rates from the groundwater well. The Claims Administrator will determine the Adjusted Flow Rate for each Impacted Water Source by averaging the three highest annual average flow rates that the Class Member drew from the groundwater Impacted Water Source. The three highest annual average flow rates can be selected from a ten-year period from 2013-2022. This average will then be averaged with the verified maximum flow rate of the groundwater Impacted Water Source. As mentioned above, the Base Score is equal to the Capital Costs Component plus Operation and Maintenance Costs Component. The Capital Cost Component takes into account, in part, the flow rate; The Operation and Maintenance Cost takes into account, in part, the PFAS Score.3 (iii) Adjustments to Base Scores Certain Class Members are eligible for increases to their Base Scores. There are three available enhancements to the score: the Litigation Bump, the Public Water Provider Bellwether Bump, and the Regulatory Bump. The only potentially applicable bump here is the Regulatory Bump. The Regulatory Bump will apply when an Impacted Water Source exceeds (i) an applicable state Maximum Contaminant Level (MCL) for a PFAS analyte or (ii) the proposed federal MCL for a PFAS analyte. The Claims Administrator will consider all Proposed Federal PFAS MCL and existing state MCLs for PFAS chemicals existing on the date the Court issues a Final Approval to determine if an Impacted Water Source has ever exceeded any applicable standard during the Class Period. 2 Page 8 of Exhibit Q provides a table with an example of determining a Class Member’s PFAS score. 3 Pages 9-11 of Exhibit Q provides calculations to assist in determining a Class Member’s Base Score. X-E-01 5. (c) Settlement Award The Claims Administrator will divide the Impacted Water Source’s Adjusted Base Score by the sum of all Adjusted Base Scores. This number gives each Impacted Water Source its percentage of the Phase One Action Fund. Then, that percentage is multiplied by the Phase One Action Fund to provide the Settlement Award for each Impacted Water Source. The information required to calculate Settlement Awards is not publicly available and is only obtainable through the Claims Forms submitted by Class Members. Therefore, the Settlement Awards that each Class Member will receive is not determinable until the Claims Administrator analyzes all the Claims Forms submitted by the Claims Form deadline. Payments will be made in multiple installments over time. 3M will pay the first installment within sixty (60) calendar days after the Effective Date, but in any event no earlier than July 1, 2024. 3M will make nine (9) subsequent payments annually, for nine (9) years, on April 15 of each calendar year. The Settlement Agreement contemplates that within fourteen (14) calendar days, but no later than sixty (60) calendar days (or in the first year of Phase One Action Fund payments, one hundred twenty (120) calendar days), after each payment by 3M, each Phase One Qualifying Class Member shall receive a payment from the Phase One Action Fund. b. Opting Out of the Settlement Agreement Unless an eligible Class Member timely opts out, the Class Member will be bound by the Settlement Agreement and any final disposition related to the Settlement Agreement, including the Release and Covenant Not to Sue. The Class Member will be precluded from pursuing claims against 3M if those claims are within the scope of the Release. A Class Member that wishes to opt out of the Settlement Class must file a written and signed “Request for Exclusion” (the “Request”) statement and serve the same on the Notice Administrator, the Special Master, the Claims Administrator, Counsel for 3M, and Class Counsel, and comply with all Opt-Out provisions of the Settlement Agreement. The Request for Exclusion must be received by the Notice Administrator no later than December 11, 2023. The Request for Exclusion must certify, under penalty of perjury, that the filer has been legally authorized to exclude the Class Member from the Settlement Agreement and must provide: (i) an affidavit or other proof of the Settlement Class Member’s standing; (ii) the filer’s name, address, telephone, facsimile number and email address (if available); and (iii) the name, address, telephone number, and e-mail address (if available) of the Class Member whose exclusion is requested. Any Class Member that submits a timely Request for Exclusion shall not (i) be bound by any orders or judgments effecting the Settlement; (ii) be entitled to any of the relief or other benefits provided under the Settlement Agreement; (iii) gain any rights by virtue of the Settlement Agreement; or (iv) be entitled to submit an Objection. If a Class Member owns or operates more than one Public Water System, it may submit a Request for Exclusion on behalf of some of those Public Water Systems but not others. A Request must be submitted on behalf of each Public Water System that the Class Member wishes to opt out of the Settlement. Any Public Water System that is not specifically identified in a Request will remain in the Settlement Class. X-E-01 6. Exclusions from the Settlement Class Not all Public Water Systems are potential Settlement Class Members. Already excluded from the Settlement Agreement are Afton, Cottage Grove, Denmark Township, Lake Elmo, Lakeland Municipal Water, Oakdale, Newport, Saint Paul Park, West Lakeland, and Woodbury Public Water Systems. They are recognized as being associated with the Cottage Grove 3M facility. Those facilities are excluded from the Settlement Class and listed in Exhibit G to the Settlement Agreement. Section 5.2 of the Settlement Agreement states: “Any person or entity that has been erroneously listed in or omitted from any of these six Exhibits (including Exhibit G) should promptly submit a notice of the error to the parties and (once appointed by the Court) to the Special Master, the Claims Administrator, and the Notice Administrator.” From what we have read, neither the Settlement Agreement nor any other Court documents discuss how these Public Water Systems were chosen to be excluded in Exhibit G. It is our assumption, however, that this relates to the February 2018 3M Settlement Grant, where 3M agreed to provide the State of Minnesota with a $850 million to be used for safe drinking water and natural resource projects - particularly in the East Metropolitan Area, which includes but is not limited to, Afton, Cottage Grove, Lake Elmo, Lakeland, Lakeland Shores, Maplewood, Newport, Oakdale, St. Paul Park, Woodbury, and the township of Denmark. It is possible that the cities specifically listed in Exhibit G were excluded because they are already receiving sufficient funding from 3M to remediate contamination. Hastings Pursuit of Separate Litigation Against 3M Alternatively, if Hastings opts out of the Settlement Agreement, Hastings could pursue litigation directly against 3M for the contamination its drinking water source. Of course, without a complete understanding of the source of Hastings’ contamination, it is hard to predict the likelihood of success of potential litigation. But if Hastings can trace contamination to a 3M manufacturing site, it has a chance of directly litigating against and settling with 3M. Litigation will likely involve a significant upfront costs that are typically involved in initiating a lawsuit, and litigation is not without risk. It is notable that 3M has been defending against these claims for years and likely has defenses and/or stall tactics to create hurdles for challengers. But the previous lawsuit between the State of Minnesota and 3M may serve as a base for Hastings’ complaint. Based on review of the previous action, potential claims that Hastings could reasonably allege against 3M likely include: (1) violations of MERLA; (2) common law trespass; (3) common law nuisance; (4) statutory nuisance; and (5) negligence, subject to each claims’ statute of limitations. Moreover, Hastings can continue to seek funding through the State of Minnesota’s grant funds and the legislature as it considers pursuing a separate action against 3M. Neither the 2007 Consent Order between the Minnesota Pollution Control Agency and 3M, nor the 2018 Settlement between the State of Minnesota and 3M preclude Hastings from bringing a separate action against 3M related to the PFAS contamination. Hastings can also till seek funds from the State of Minnesota X-E-01 7. while also pursuing a separate action. Although a court may not allow Hastings to recover twice, both are viable routes to take until one of them pays off. Conclusion If Hastings intends to pursue a treatment and remediation project that is estimated to cost nearly $70,000,000 for its drinking water system, it may be prudent to opt out of the June 22, 2023 Settlement Agreement to preserve its ability to pursue 3M separately while continuing to investigate the source of the contamination and pursuing funds from the 2018 3M Settlement and the legislature. Conversely, if Hastings fails to timely opt out of the Settlement Agreement by December 11, 2023, it will be bound by all of its terms, including the Release and Covenant Not to Sue. While there can be significant costs associated with litigation, if Hastings confirms that the contamination came from the 3M manufacturing site, Hastings could also push for early mediation between the parties in an attempt to quickly settle the matter. We would be happy to provide a more in-depth analysis of claims that can be asserted against 3M if Hastings chooses to go this direction. 4858-7290-0752, v. 3 X-E-01