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Home My WebLink About20240520 - CC PacketSign up to receive automatic notification of Council agendas At ccagenda-subscribe@hastingsmn.gov or by calling 651-480-2350 City Council packets can be viewed in searchable format on the City’s website at https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy CITY OF HASTINGS CITY COUNCIL AGENDA Monday, May 20, 2024 7:00 p.m. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. DETERMINATION OF QUORUM Presentation: Heritage Preservation Commission Awards V. APPROVAL OF MINUTES Approve Minutes of the City Council workshop and regular meeting on May 6, 2024. 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. Approve Sidewalk Café Renewal – Geek Haven Coffee 2. Resolution: Approve In-Store Fireworks Sales for Walmart #1472 3. Resolution: Accept Donation to the Parks and Recreation Department from the Ruth Gale and George W. Doffing Charitable Fund 4. Resolution: Accept Donation to the Parks and Recreation Department from the Kranz and Myers Families 5. Resolution: Accept Donation to the Hastings Parks and Recreation Department from Hastings Rivertown Lions Club 6. Accept MN Department of Natural Resources NCLI Mini Grant 7. 1st Reading: Amend City Code 155.01 – Rezoning – Mint Development – SW Corner of Pleasant and South Frontage Road 8. 1st Reading: Amend City Code Chapters 91 and 155 Chickens, Ducks and Quails 9. Authorize Signature: Extension of Lease Agreement – Melanie Brewer (213 Ramsey Street) 10. Approve Special Event Designation with Temporary Liquor License – Rivertown Days 11. Community Investment Fund: Windscreens with Hastings Tennis Association 12. Arts & Culture Commission: Civic Arena Mural 13. Arts & Culture Commission: Shakespeare in the Park 14. Resolution: Accept Donation to Arts & Culture Commission from Shilts-Johnson (The 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 Studio Downtown) 15. Approve Hastings Hawks Agreement for Concessions 16. Approve Dakota County Parks JPA: Vermillion River Greenway Construction Project 17. Approve Met Council Intergovernmental Agreement: Citizen Assisted Lake Monitoring Program 18. Approve Civic Arena Project: Change Order #3 IX. AWARDING OF CONTRACTS AND PUBLIC HEARING These are formal proceedings that give the public the opportunity to express their concern, ask questions, provide additional information, or support on a particular matter. Once the public hearing is closed, no further testimony is typically allowed and the Council will deliberate amongst itself and with staff and/or applicant on potential action by the Council. X. REPORTS FROM CITY STAFF These items are intended primarily for Council discussion and action. It is up to the discretion of the Mayor as to what, if any, public comment will be heard on these agenda items. A. Public Works B. Parks and Recreation C. Community Development 1. Resolution: Special Use Permit – Cannabis Retail – Vipul Patel (Jake’s Discount Liquor) – 1608 Vermillion Street 2. Resolution: Special Use Permit – Cannabis Retail – Judith Kulla (Caring Hands Massage) – 427 Vermillion Street D. Public Safety E. Administration 1. Resolution: Approve New Cannabis Product Retail License for Caring Hands Massage XI. UNFINISHED BUSINESS XII. NEW BUSINESS XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS XIV. ADJOURNMENT Next Regular City Council Meeting: Monday, June 3, 2024 7:00 p.m. City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: May 20, 2024 Item: Annual Preservation Awards City Council Action Requested: Join the HPC in congratulating the property owners who will be presented with preservation award plaques. Background Information: Each year the HPC looks throughout the city, nominates, and votes for a number of good examples of properly maintained or restored properties. The HPC has enjoyed presenting these awards with the City Council for 22 years. A Century Home plaque will also be awarded to the community favorite turning 100, as determined by the poll linked from the City Facebook page, closing Thursday May 16. An HPC Commissioner will ask the recipients to come to the podium for their plaques. Recognized properties 523 Ramsey St - Arnel Velic 200 2nd St W - Confluence Development Llc Midcentury Modern 605 11th St W – Ron and Karen Ruckdashel Stewardship Award 535 5th St West – Daniel and Lacey Boston The century home with the most community votes by the end of Thursday the 16th will receive a century home plaque. Advisory Commission Discussion: The HPC selected these properties at its April meeting. Council Committee Discussion: None Financial Impact: None Attachments: Photos of recipients 523 Ramsey St Fire damage April 27, 2022 200 2nd St W – Confluence Development Llc Midcentury Modern 605 11th St W Stewardship Award 535 5th St West Century Homes Turning 100 this year! A Century Home plaque will be awarded to the community favorite, as determined by the poll linked from Facebook, closing Thursday May 16. Hastings, Minnesota City Council Workshop May 6, 2024 The City Council of the City of Hastings, Minnesota met in a workshop on Monday, May 6, 2024, at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota. Members Present: Mayor Fasbender, Councilmembers Fox, Haus, Lawrence, Leifeld, Pemble, and Vihrachoff Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh Mayor Fasbender called the workshop to order at 5:30 pm and welcomed councilmembers and staff. Wietecha reminded Councilmembers that the most recent Strategic Plan was adopted nearly one year ago and that this workshop is to seek clarification on a few areas. Wietecha provided an overview of the workshop agenda. He provided a visual of the Community Survey report, indicating that the results are in but that he would be seeking amendment to some of the formatting for more ease in understanding the results. Wietecha also described the ability to use the survey tool for “pulse surveys” that are on a specific topic. A future workshop date will be set to review the results when the report is reformatted. Wietecha then shifted to the Strategic Plan discussion. The first initiative to review is Alternative Revenue Analysis to expand the revenue base. He indicated that many of the possible sources of revenue still come back to residents and businesses. Council discussion on the need for multiple sources of revenue and that residents are concerned about property taxes and city spending. Council discussion on fees versus taxes, the need for transparency and importance of communicating with residents and business owners. Council discussion and questions on comparison with other cities as well as special taxing district/sales tax options. Council discussion on the extensive funds needed for the infrastructure needed for PFAS and nitrate treatment and options if the City is unable to secure external funding. Wietecha presented the next initiative for discussion, Responsible Use of Debt. He reviewed how the City is in full compliance with the adopted debt policy. Council discussion on the necessity to retain responsible use of debt in the Strategic Plan. Further discussion on the potential impact if the City needs to bond for the full amount of funds needed to put the PFAS mitigation infrastructure in place. Bonding for that amount would result in a significant increase in water rates and could have a negative impact on the City’s bond rating. This would impact other bonded projects. Council expressed need for updated talking points to assist them in responding to constituent questions as the PFAS project goes forward. ADJOURNMENT Workshop adjourned at 6:55 p.m. ____________________________ ______________________________ Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk City Council packets can be viewed in searchable format on the City’s website at http://www.hastingsmn.gov/city-government/city-council/city-council-agendas-and-minutes Hastings, Minnesota City Council Meeting Minutes May 6, 2024 The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, May 6, 2024 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 Fox, Haus, Lawrence, Leifeld, Pemble, and Vihrachoff Members Absent: None Staff Present: City Administrator Dan Wietecha Assistant City Administrator Kelly Murtaugh City Attorney Kori Land Parks and Recreation Director Chris Jenkins Community Development Director John Hinzman Proclamation: Veterans of Foreign Wars “Buddy Poppy” Approval of Minutes Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council regular meeting on April 15, 2024. Minutes were approved as presented. Comments from the Audience Dr. Stephanie Tucker expressed appreciation to Council for work they do; expressed concern about the about water situation and noted the impact water conditions can have on the body. Dr. Tucker strongly encouraged Council to find ways to get water to citizens and would like to be an advocate with the city to address this issue. Dr. Tucker indicated that she would share follow up notes about a tap water database with notations of additional contaminants in water; she does not believe the current recommendations are safe enough. Councilmember Leifeld reminded listeners about the May 9 Community Meeting on PFAS at 6 pm at the Hastings High School auditorium. Consent Agenda Councilmember Pemble motioned to approve the Consent Agenda as corrected, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. 1. Pay Bills as Audited 2. Building Safety Month Proclamation 3. Resolution No. 05-01-24: Accept Donation to the Parks and Recreation Department from the Henn Family 4. Resolution No. 05-02-24: Accept Donation to the Parks and Recreation Department from Avionte LLC 5. Resolution No. 05-03-24: Accept Donation to the Parks and Recreation Department from Hastings Family Service 6. Resolution No. 05-04-24: Accept Donation to the Parks and Recreation Department from SC Toys 7. Resolution No. 05-05-24: Accept Donation to the Hastings Fire Department from Hastings 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 Rivertown Lions Club 8. Resolution No. 05-06-24: Accept Donation to the Hastings Fire Department from Barbara Lippert 9. Approve Special Event Designation: Animal Ark 3k Walk with Temporary Liquor License 10. Approve Special Event Designation: Pride Festival 11. Resolution No. 05-07-24: Approve New Massage Therapy License for Raena Mueller-Dahl 12. Resolution No. 05-08-24: Approve Outdoor Tent Fireworks Sales License for TNT Fireworks at Walmart #1472 13. Resolution No. 05-09-24: Approve Temporary One-Day Gambling Permit for Hastings Family Service 14. Approve Sidewalk Café Renewal for Hastings Tavern with Liquor License Amendment 15. 1st Reading – Amend City Code Chapter 34 – Building Department Fees 16. Authorize Project Work: 2025 Neighborhood Infrastructure Improvements 17. Approve 2024 – 2025 Labor Agreement with Teamsters Public and Law Enforcement Employees Union, Local #320 (Fire Captains) 18. Approve Pickleball Court Rental Policies 19. Resolution No. 05-10-24: Write Off Uncollectable AR Balances H Tobacco – Special Use Permit – Cannabis Hinzman provided a summary of the request for a Special Use Permit for Cannabis Retail Sales for H Tobacco at 1310 Vermillion Street with an amendment to the conditions to require Mr. Sumrin to acquire sign permit licensure for existing signs erected without proper permits. Hinzman indicated this application is the first Cannabis Retail Sales application to be considered. Hinzman shared the license application has already been considered and approved by City Council and that the Special Use Permit was not included in the original request. Hinzman ensured future requests will go through proper approvals prior to issuance. Mayor Fasbender opened the public hearing at: 7:17 p.m. Mayor Fasbender closed the public hearing at: 7:18 p.m. No Council discussion. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Fox. 7 Ayes, 0 Nays. Authorize Signature: Professional Services Agreement – Codametrics – Zoning Code Revision Hinzman provided an overview of the request to authorize signature of the professional services agreement with Codametrics to prepare a revision of the Zoning Code (Chapter 155). Hinzman indicated the entire Zoning Code was last updated in 1996 and comprehensive changes are needed to the code to ensure relevancy. Hinzman reviewed the six firms that responded to the Request for Proposals to provide services. Four firms were interviewed by the City. Codametrics was chosen based on their comprehensive experience in preparing zoning codes and code preparation in similar cities. Council discussion on when the zoning code was last updated and that updating the code will involve stakeholder engagement, public hearings, and resident involvement. Council discussed project timing when considering the overall budget and other high priority items. Wietecha indicated that in the past few years, the City has had a few land use lawsuits which updates to the zoning code would seek to prevent. Council discussed the use of these funds elsewhere to address higher priority items, the importance of continuing the other work of the City, and the risks associated with delaying the update to zoning code. Wietecha provided 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 guidance on next steps if Council desires to consider budgetary questions. Hinzman shared he does not know if tabling the item would present issues with the bid. Council discussed the goals of the Strategic Plan and expressed the importance of the project. Councilmember Fox motioned to approve as presented, seconded by Councilmember Haus. 6 Ayes, 1 Nay (Leifeld). Trail Easement: Smead Property – Resolution: No. 05-12-24 Jenkins provided an overview of the request to conduct a public hearing and consider the attached resolution vacating a trail easement. The trail easement was acquired to construct a trail through private property owned by Smead Manufacturing. The easement is inaccurate and no longer necessary since Dakota County has obtained a new easement through the property for public trail purposes. Mayor Fasbender opened the public hearing at: 7:40 p.m. Mayor Fasbender closed the public hearing at: 7:40 p.m. Council discussion on completion and extent of the trail. Jenkins provided additional information on the various steps of the project and a general overview of the trail. Council posed questions on responsibility of maintenance and ownership. Jenkins clarified the details of the request. Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Vihrachoff. 7 Ayes, 0 Nays. 2nd Reading – Chapter 94: Parks and Recreation Jenkins provided an overview of the request to repeal and replace City Code Chapter 94 regarding Parks and Recreation. The replacement provides simplified language and adds new language to be consistent with current permits, leases, and other City ordinances. Jenkins indicated the Parks and Recreation Commission reviewed and discussed changes in August, 2023 and supports the proposed changes. The first reading was approved by City Council on April 15, 2024. Council is requested to consider the second reading and adopt the ordinance amendment as presented. Council discussion on clarifying alcohol use regulations in parks. Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence. 7 Ayes, 0 Nays. PFAS Update As it is the first meeting of the month, Wietecha presented the PFAS Update. There will be a public meeting Thursday, May 9 at 6 pm in the Hastings High School Auditorium with the Minnesota Department of Health and Minnesota Pollution Control Agency presenting and taking community questions. Wietecha indicated for those unable to attend the meeting in person, the meeting will be livestreamed on the HCTV YouTube channel. Wietecha reviewed key updates in funding applications at the state and federal levels, as well as updating the application for the state Project Priority List and upcoming Intended Use Plan. On Monday, the Finance Committee will be meeting to discuss the 2025 budget and possible water rate increases. The MPCA is drilling 6 new sampling wells to continue to study contamination locations. 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 Accounting Software Changeover – Resolution No. 05-13-24: Temporary Waiver of Utility Late Fees Wietecha provided an overview of the Finance System Project. He shared progress on the two-year project, indicating the City is in the latter stages of implementation. Wietecha shared important dates and details as the City begins to utilize the new system. Staff recommends approval of the resolution for a temporary waiver of utility late fees as some utility customers may be affected during the implementation. Council discussion on the credit card and ACH fees along with bill pay options without fees. Wietecha clarified the fees are through BS&A and not the City. Council discussed how residents can direct their questions and the process to move over to the new system. Councilmember Haus motioned to approve as presented, seconded by Councilmember Leifeld. 7 Ayes, 0 Nays. Announcements • May is Mental Health Awareness month. • May is National Building Safety Month and National Historic Preservation Month; this week is Municipal Clerk Appreciation Week; and next week is National Police Week. Please join me in a great and heartfelt thank you to our employees in these departments for their service to our community. • The Arts & Culture Commission hosts the annual Creative Convergence on Thursday, May 9. All arts and culture organizations and individuals are invited to attend and network. • Please join us 6 pm Thursday, May 9, in the High School Auditorium for a presentation on PFAS in Hastings. Representatives from the Minnesota Department of Health and Minnesota Pollution Control Agency will be present for a question and answer period. • On Saturday, May 11, we have a mattress and box spring drop-off and document shredding event. Discounted price for mattress and box spring recycling and shredding is free. Info on the City website. • Tuesday, May 14, is the Police Week Open House. All are invited to this free event. • The Roadside Courts Grand Re-Opening is Saturday, May 18. Ribbon cutting, refreshments, drawing, open play, challenge courts, and clinics. The Hastings Pickleball Association will facilitate lessons. • Filing for municipal office opens Tuesday, May 21, through Tuesday, June 4. The City Clerk will hold an optional candidate information session on Tuesday, May 21. Meetings • HEDRA Meeting on Thursday, May 9, 2024 at 6:00 p.m. • Arts & Culture Commission Meeting on Wednesday, May 8, 2024 at 6:00 p.m. • Public Meeting on Drinking Water and PFAS (HHS Auditorium) on Thursday, May 9, 2024 at 6:00 p.m. • Finance Committee Meeting on Monday, May 13, 2024 at 7:00 p.m. • Planning Commission Meeting on Monday, May 13, 2024 at 7:00 p.m. • Parks and Recreation Commission Meeting on Wednesday, May 15, 2024 at 6:00 p.m. – Cancelled • Public Safety Advisory Commission Meeting on Thursday, May 16, 2024 at 6:30 p.m. • City Council Workshop on Monday, May 20, 2024 at 5:30 p.m. • City Council Regular Meeting on Monday, May 20, 2024 at 7:00 p.m. Councilmember Pemble motioned to adjourn the meeting at 8:11 PM, seconded by Councilmember Lawrence. Ayes 7; Nays 0. 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 _____________________________ ______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor City Council Memorandum Council Action Requested: Consider the renewal application for a sidewalk café for Geek Haven Coffee. Background Information: Geek Haven Coffee has submitted the required application and documents for the renewal of their sidewalk café license. Financial Impact: N/A Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: N/A VIII-01 To: Mayor Fasbender & City Council Members From: Emily King, Deputy City Clerk Date: May 20, 2024 Item: Renewal of Sidewalk Café License City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: May 20, 2024 Item: Approve In-Store Fireworks Sales Licenses for Walmart Supercenter #1472 Council Action Requested: Approve the attached resolution approving the application for In-Store Fireworks Sales at Walmart Supercenter #1472. Background Information: The City has received and reviewed an In-Store Firework Sales application from Walmart Supercenter #1472, 1752 N. Frontage Road for sales in-store with proposed sales dates of May 21, 2024 through July 8, 2024. Issuance of the license is contingent on passing an inspection by the Hastings Fire Inspector. Financial Impact: The associated fees have been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-02 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION __________ RESOLUTION APPROVING IN-STORE FIREWORKS SALES LICENSES FOR WALMART SUPERCENTER #1472, 1752 N. FRONTAGE ROAD WHEREAS, Walmart Supercenter #1472 submitted an application for In-Store Fireworks Sales License; and WHEREAS, approval and issuance of the license is contingent on a fire inspection. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, that the In-Store Fireworks Sales License for Walmart Supercenter #1472 is approved. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 20th DAY OF MAY, 2024. ATTEST: ______________________________ _______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-02 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Programming Specialist Date: May 20, 2024 Item: Accept Donation from the Ruth Gale and George W. Doffing Charitable Fund Council Action Requested: Accept a $10,000 monetary donation from the Ruth and George Doffing Charitable Fund in support of the Music in the Park series for 2025. Background Information: Staff submitted a donation request to the Ruth and George Doffing Charitable Fund to support the growth of the Music in the Park series. Based off consistent community feedback, staff expanded the series, offering a total of twelve shows, June through August on Thursday evenings; with the exception of Rivertown Days week. Staff recommends consideration and acceptance of the monetary sponsorship. Financial Impact: Staff will continue to include donations as a revenue item as part of the budget process to offset programming costs. This donation is additive and should not replace the City’s separate allocation for Rotary Pavilion programming. Any unused dollars will be used for future Music in the Park events. Staff will also work to solicit $500+ individual Music in the Park sponsorships from local and metro area organizations in support of the series, with the intent to secure quality bands. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: None VIII-03 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ___________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, Ruth Gale and George W. Doffing Charitable Fund has presented to the City Parks and Recreation Department a donation of $10,000.00 and has designated that this donation be used for the Music in the Park Series for 2025. WHEREAS, The City Council is appreciative of the donation and commends the Ruth Gale and George W. Doffing Charitable Fund for its civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for the 2025 Music in the Park Series Adopted this 20th day of May, 2024. Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor VIII-03 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: May 20, 2024 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $1,300.00, 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 Kranz and Myers families have 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 $1,300.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-04 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, The Kranz and Myers families have presented to the City Parks & Recreation Department a donation of $1,300.00 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 Kranz and Myers families 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 May, 2024. ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-04 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: May 20, 2024 Item: Accept Donation to the Parks and Recreation Department Council Action Requested: Council is asked to accept a donation in the amount of $500.00, made to the Parks and Recreation Department and has designated that this donation be used for the Rec+Art+Police Program Series. Background Information: The Hastings Rivertown Lions Club has made this donation to be used for the Rec+Art+Police Program Series. Financial Impact: Increase the Parks and Recreation donation account by $500.00 Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution VIII-05 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION ____________ A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A DONATION TO THE PARKS AND RECREATION DEPARTMENT WHEREAS, the Hastings Rivertown Lions Club has presented to the City Parks & Recreation Department a donation of $500.00 and has designated that this donation be used for the Rec+Art+Police Program Series; and WHEREAS, the City Council is appreciative of the donation and commends the Hastings Rivertown Lions Club for their civic efforts, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota; 1. That the donation is accepted and acknowledged with gratitude; and 2. That the donation will be appropriated for the Rec+Art+Police Program Series. Adopted this 20th day of May, 2024. ______________________________ Mary D. Fasbender, Mayor ATTEST: ____________________________ Kelly Murtaugh, City Clerk VIII-05 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Paige Marschall Bigler, Recreation Program Specialist Date: May 13, 2024 Item: MN DNR NCLI Mini Grant Council Action Requested: Accept the Minnesota Department of Natural Resources, No Child Left Inside Mini Grant. Background Information: The MN DNR No Child Left Inside Mini Grant program aims to support and increase efforts to expand programming that connects youth to the outdoors. Originally funded by MN Legislature with continued funding from the legislative sessions. City staff submitted a proposal to fund snowshoes, poles & an environmental educator to provide outdoor programs which was ultimately selected for $5,000 of funding. The planning and implementation efforts, led by staff, will consist of developing programs and a Recreation Equipment Library. Financial Impact: Total costs based on scope of work is $5,000 which will be reimbursed by MN DNR. Advisory Commission Discussion: None Council Committee Discussion: None Attachments: ▪ Contract Agreement VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 1 STATE OF MINNESOTA GRANT CONTRACT AGREEMENT This grant contract agreement is between the State of Minnesota, acting through its Commissioner of Department of Natural Resources ("STATE") and City of Hastings Parks and Recreation, 101 4th Street East, Hastings, MN, 55033. ("GRANTEE"). Recitals 1. Under Minn. Stat. 84.026 subd. and Minn. Stat. 97A.057 subd. 2, the State is empowered to enter into this grant. 2. Developing a grants program for statewide groups is one strategy the State is using to provide “outdoor environmental, ecological, and other natural-resource-based education and recreation programs serving youth” (Minn.Stat.§ 84.976, Subd. 1.) 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract agreement to the satisfaction of the State. Pursuant to Minn.Stat.§16B.98, Subd.1, the Grantee agrees to minimize administrative costs as a condition of this grant contract agreement. Grant Contract Agreement 1 Term of Grant Contract Agreement 1.1 Effective date: Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. 1.2 Expiration date: June 30, 2025, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract agreement: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee’s Duties The Grantee, who is not a state employee, will: 2.1 Comply with required grants management policies and procedures set forth through Minn.Stat.§16B.97, Subd. 4 (a) (1). 2.2 Perform the duties specified in Exhibit A, which is attached and incorporated into this grant contract agreement. 2.3 Acquire pre-approval for any changes to project objectives, audience, timeline and/or budget outlined in Exhibit A. All requests for changes must be submitted in writing and approved by the State’s Authorized Representative prior to implementation. 3 Time The Grantee must comply with all the time requirements described in this grant contract agreement. In the performance of this grant contract agreement, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract agreement as follows: 246289 DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 2 (a) Compensation The Grantee will be paid $5,000.00 after Grantee presents an invoice with appropriate documentation for expenditures as described in Exhibit B: Budget Worksheet, which is attached and incorporated into this grant contract agreement. (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract agreement will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract agreement will not exceed $5,000.00 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely, in compliance with the State’s Payment Request and Project Interim and Final Report Summary forms, and according to the following schedule: Upon completion of services. Final invoices to be submitted no later than July 30, 2025. (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Contracting and Bidding Requirements (a) Any services and/or materials that are expected to cost $100,000 or more must undergo a formal notice and bidding process. (b) Services and/or materials that are expected to cost between $25,000 and $99,999 must be competitively awarded based on a minimum of three (3) verbal quotes or bids. (c) Services and/or materials that are expected to cost between $10,000 and $24,999 must be competitively awarded based on a minimum of two (2) verbal quotes or bids or awarded to a targeted vendor. (d) The grantee must take all necessary affirmative steps to assure that targeted vendors from businesses with active certifications through these entities are used when possible: a. State Department of Administration's Certified Targeted Group, Economically Disadvantaged and Veteran-Owned Vendor List b. Metropolitan Council Underutilized Business Program: MCUB: Metropolitan Council Underutilized Business Program c. Small Business Certification Program through Hennepin County, Ramsey County, and City of St. Paul: Central Certification Directory DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 3 (e) The grantee must maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts. (f) The grantee must maintain support documentation of the purchasing or bidding process used to contract services in their financial records, including support documentation justifying a single/sole source bid, if applicable. (g) Notwithstanding (a) - (d) above, the State may waive bidding process requirements when: • Vendors included in response to competitive grant request for proposal process were approved and incorporated as an approved work plan for the grant • It is determined there is only one legitimate or practical source for such materials or services and that grantee has established a fair and reasonable price. (h) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§177.41 through 177.44. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. (i) The grantee must not contract with vendors who are suspended or debarred in MN: https://mn.gov/admin/osp/government/suspended-debarred/index2.jsp 5 Conditions of Payment All services provided by the Grantee under this grant contract agreement must be performed to the State’s satisfaction, as determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Amber Kastner, Outreach Grants Specialist, 651-259-5193, amber.kastner@state.mn.us, 500 Lafayette Road, St. Paul, MN, 55155, or his/her successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services provided under this grant contract agreement. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee’s Authorized Representative is Paige Marschall Bigler, Recreation Program Specialist, 651-480-6182, pmarschall@hastingsmn.gov, 920 West 10th Street, Hastings, MN, 55033. If the Grantee’s Authorized Representative changes at any time during this grant contract agreement, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Agreement Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract agreement without the prior written consent of the State, approved by the same parties who executed and approved this grant contract agreement, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 4 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State’s right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § 16B.98, Subd.8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant contract agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. §13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee’s response to the request shall comply with applicable law 10.2 Intellectual Property Rights (a) Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the works and documents created and paid for under this Contract. The “works” means all inventions, improvements, discoveries (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this Contract. “Works” includes documents. The “documents” are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents, or subcontractors, in the performance of this Contract. The documents will be the exclusive property of the State and all such documents must be immediately returned to the State by the Grantee upon completion or cancellation of this Contract. To the extent possible, those works eligible for copyright protection under the United States Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 5 title, and interest it may have in the works and the documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the works and documents. (b) Obligations (1) Notification. Whenever any invention, improvement, or discovery (whether or not patentable) is made or conceived for the first time or actually or constructively reduced to practice by the Grantee, including its employees and subcontractors, in the performance of this Contract, the Grantee will immediately give the State’s Authorized Representative written notice thereof, and must promptly furnish the State’s Authorized Representative with complete information and/or disclosure thereon. (2) Representation. The Grantee must perform all acts, and take all steps necessary to ensure that all intellectual property rights in the works and documents are the sole property of the State, and that neither Grantee nor its employees, agents, or subcontractors retain any interest in and to the works and documents. The Grantee represents and warrants that the works and documents do not and will not infringe upon any intellectual property rights of other persons or entities. Notwithstanding Clause 8, the Grantee will indemnify; defend, to the extent permitted by the Attorney General; and hold harmless the State, at the Grantee’s expense, from any action or claim brought against the State to the extent that it is based on a claim that all or part of the works or documents infringe upon the intellectual property rights of others. The Grantee will be responsible for payment of any and all such claims, demands, obligations, liabilities, costs, and damages, including but not limited to, attorney fees. If such a claim or action arises, or in the Grantee’s or the State’s opinion is likely to arise, the Grantee must, at the State’s discretion, either procure for the State the right or license to use the intellectual property rights at issue or replace or modify the allegedly infringing works or documents as necessary and appropriate to obviate the infringement claim. This remedy of the State will be in addition to and not exclusive of other remedies provided by law. 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat. §176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 12 Publicity and Endorsement 12.1 Publicity Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State’s Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee’s website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice-of-law provisions, governs this grant contract agreement. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 6 federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 (a) Termination by the State The State may immediately terminate this grant contract agreement with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. (b) Termination by The Commissioner of Administration The Commissioner of Administration may unilaterally cancel this grant contract agreement if further performance under the agreement would not serve agency purposes or is not in the best interest of the State. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State’s receiving that notice. 15 Data Disclosure Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 16 Invasive Species Requirements The State requires active steps to prevent or limit the introduction, establishment, and spread of invasive species when working on or entering into land under the control of the State, or during State- funded work. All parties involved in the project shall prevent invasive species from entering into or spreading within a project site by cleaning equipment vehicles, gear, and/or clothing prior to arriving at the project site and after completion of the project. If the equipment, vehicles, gear, or clothing arrives at the project site with soil, aggregate material, mulch, vegetation (including seeds) or animals, it shall be cleaned by operator- furnished tools or equipment (brush/broom, compressed air or pressure washer) at the staging area. The operator shall DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 7 dispose of material cleaned from equipment and clothing at a location determined by the State Wildlife Area Manager. If the material cannot be disposed of onsite, secure material prior to transport (sealed container, covered truck, or wrap with tarp) and legally dispose of offsite. The operator shall ensure that all equipment and clothing used for work in infested waters has been adequately decontaminated for invasive species (e.g., zebra mussels) prior to being used in non-infested waters. All equipment and clothing including but not limited to waders, tracked vehicles, barges, boats, turbidity curtain, sheet pile, and pumps that come in contact with any infested waters must be thoroughly decontaminated. 17 Pollinator Habitat Enhancement Habitat restorations and enhancements conducted on State lands and prairie restorations on state lands or on any lands using state funds are subject to pollinator best management practices and habitat restoration guidelines pursuant to Minn. Stat. § 84.973. Practices and guidelines ensure an appropriate diversity of native species to provide habitat for pollinators through the growing season. Current specific practices and guidelines to be followed for contract and grant work can be found on the State's website under MN Pollinator Resources. 18 Monitoring The State shall be allowed at any time to conduct periodic site visits and inspections to ensure work progress in accordance with this grant agreement, including a final inspection upon program completion. At least one monitoring visit per grant period on all state grants of over $50,000 will be conducted and at least annual monitoring visits on grants of over $250,000. 19 Conflict of Interest It is the policy of the State of Minnesota to work to deliberately avoid actual and potential conflicts of interest related to grant making at both the individual and organizational levels. A conflict of interest (actual or potential) occurs when a person has actual or apparent duty or loyalty to more than one organization and the competing duties or loyalties may result in actions which are adverse to one or both parties. A conflict of interest exists even if no unethical, improper, or illegal act results from it. The Grantee, by signing this contract with the State, certifies it has read and understands the Office of Grants Management Conflict of Interest Policy 08-01, will maintain an adequate Conflict of Interest Policy and, throughout the term of the contract, monitor and report any actual or potential conflicts of interest to the State’s Authorized Representative. DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 24NCLI-013 Mini Grant Contract Agreement - No Child Left Inside FY24 - updated January 2024 8 Signature Page for: Grant Agreement between (“Grantee”) and the Minnesota Department of Natural Resources (“State”). 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15 Signed: Date: SWIFT Contract/PO No(s). 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Title: Date: 3. STATE AGENCY By: (with delegated authority) Title: Date: 246289 / 3-250445 DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D April 2, 2024 Mayor April 2, 2024 April 7, 2024 Director VIII-06 Exhibit A must be after Ɖƌŝů1, 202ϰ must be before June 30, 202ϱ PZK:dd/d> _________________________________________________ͺͺ__________________________________ WƌŽũĞĐƚƐƚĂƌƚĚĂƚĞ;ŵŵͬĚĚͬǇǇǇǇͿ ______________________ WƌŽũĞĐƚĞŶĚĚĂƚĞ;ŵŵͬĚĚͬǇǇǇǇͿ__________ͺͺͺͺͺͺͺ____ WZK:d^hDDZz -escribe your project and the expected outcomes͘ (hse only the space provided͘) WZK:dh'd &ŝůůŝŶƚŚĞĞƐƚŝŵĂƚĞĚƚŽƚĂůĐŽƐƚŽĨƚŚĞƉƌŽũĞĐƚ;ƐͿĂŶĚƚŚĞŐƌĂŶĚƚŽƚĂůŽĨƚŚĞĚŽůůĂƌĂŵŽƵŶƚƌĞƋƵĞƐƚĞĚ;ΨϱϬϬͲΨϱ͕ϬϬϬͿ DĂƚĐŚŝŶŐĂŵŽƵŶƚƐĂƌĞƌĞƋƵŝƌĞĚĨŽƌƚŚĞŐƌĂŶƚƉƌŽŐƌĂŵ͘dŚŝƐŝƐŶŽŵŝŶŝŵƵŵ͕ĂŶĚŝŶͲŬŝŶĚƐƵƉƉŽƌƚŝƐĂůůŽǁĞĚ͘ Item Description ^ƚĂƚĞŐƌĂŶƚĨunĚƐ (amount requested) Matching amount (provided by applicant) Transportation $ $ Program fees $ $ Teacher or sub stipends $ $ Curricula and materials $ $ Equipment $ $ Contractors $ $ Grand Totals $ $ <EKt>'DEd^;ŚĞĐŬďŽǆĞƐĂĨƚĞƌĐŽŵƉůĞƚŝŽŶĂŶĚĂĚĚǇŽƵƌĞůĞĐƚƌŽŶŝĐƐŝŐŶĂƚƵƌĞ͘Ϳ ,ĂǀĞǇŽƵƌĞǀŝĞǁĞĚĂůůƚŚĞĨŽůůŽǁŝŶŐĚŽĐƵŵĞŶƚƐŽŶƚŚĞEŽŚŝůĚ>ĞĨƚ/ŶƐŝĚĞǁĞďƐŝƚĞ͍ v ZĞƋƵĞƐƚĨŽƌWƌŽƉŽƐĂůƐ v ^ĂŵƉůĞ'ƌĂŶƚŽŶƚƌĂĐƚŐƌĞĞŵĞŶƚ͕ŝŶĐůƵĚŝŶŐŽŶĨůŝĐƚŽĨ/ŶƚĞƌĞƐƚĞǆƉĞĐƚĂƚŝŽŶƐ v /ŶƐƵƌĂŶĐĞƌĞƋƵŝƌĞŵĞŶƚƐ /ĐĞƌƚŝĨǇ/ŚĂǀĞƌĞĂĚƚŚĞĂƉƉůŝĐĂƚŝŽŶ;ŶĂƌƌĂƚŝǀĞ͕ĂƐƐƵƌĂŶĐĞƐ͕ďƵĚŐĞƚĂŶĚƐƵƉƉůĞŵĞŶƚĂůĚŽĐƵŵĞŶƚƐ͕ŝĨĂƉƉůŝĐĂďůĞͿĂŶĚǁŝůů ĐŽŵƉůǇǁŝƚŚƚŚĞĂƉƉƌŽǀĞĚĂƉƉůŝĐĂƚŝŽŶĂŶĚĂƐƐƵƌĂŶĐĞƐŚĞƌĞŝŶĂŶĚĂĚĚŝƚŝŽŶĂůƐƚĂƚĞ͕ůŽĐĂů͕ĨĞĚĞƌĂůƌĞŐƵůĂƚŝŽŶƐĂŶĚ ƉŽůŝĐŝĞƐƚŚĂƚĂƉƉůǇƚŽŵǇŽƌŐĂŶŝǌĂƚŝŽŶ͘ ^/'E͗ ,ĂǀĞǇŽƵƌĞǀŝĞǁĞĚƚŚĞDŝŶŶĞƐŽƚĂ'ŽǀĞƌŶŵĞŶƚĂƚĂWƌĂĐƚŝĐĞƐ^ƚĂƚƵƚĞĨŽƌŐƌĂŶƚĞĞƐ͍/ŶĨŽƌŵĂƚŝŽŶ ƉƌŽǀŝĚĞĚŝŶƚŚŝƐĂƉƉůŝĐĂƚŝŽŶďĞĐŽŵĞƐƉƵďůŝĐĚĂƚĂŽŶĐĞŐƌĂŶƚĂǁĂƌĚƐĂƌĞĚĞƚĞƌŵŝŶĞĚ͘ /ƐǇŽƵƌŽƌŐĂŶŝǌĂƚŝŽŶĂǁĂƌĞŽĨƚŚŝƐĂƉƉůŝĐĂƚŝŽŶ͕ĂŶĚĚŽǇŽƵŚĂǀĞďŽĂƌĚͬĂĚŵŝŶĂƉƉƌŽǀĂůƚŽƐƵďŵŝƚ͍ Snowshoeing Hastings Parks 4/01/2024 06/01/2025 The No Child Left Inside Program proposed by the City of Hastings Park and Recreation Department aims to address the growing disconnection between today’s youth and the natural environment. In a time of indoor play and screen usage, Hastings proposes an initiative to encourage and support the reintroduction of children to the wonders of the winter months and fostering a lifelong appreciation for nature. Program Objectives include 1) Education programming to develop and implement educational programs to focus on snowshoeing but also inclusion of the local ecosystems, environmental stewardship, seasonal changes specific to Minnesota while encouraging a sense of adventure among participating youth. 2) Collaboration with the Hastings School District, Tilden Community Center, community organizations and families to create a network for the No Child Left Inside Initiative. A primary goal of community engagement is the involvement in programming, community events and shared commitment of connecting children with nature. 3) This grant would expand our free nature-focused rental library that offers a variety of equipment for participating youth along with the aim of creating a ripple effect, influencing families and community members to engage in outdoor experiences through addressing the equitable access need of equipment for engagement. The No Child Left Inside initiative aspires to be a catalyst of positive change for Hastings youth. By reconnecting child with the wonders of the natural world, we aim to not only instill an appreciation for our environment but also create a learning environment through strategic collaboration, intentional programming, and a commitment to creating a sustainable impact on the well-being of our community and the planet. Staff time for developing/implementation of program, community 1,480 outreach and grant management 30 pairs of Snowshoes and Poles $4,350 Environmental Educator(s) 650 5,000 1,480 Paige Marschall Bigler Digitally signed by Paige Marschall Bigler Date: 2023.11.16 09:13:36 -06'00' Project may be delayed - Start date can not be in advance of contract execution date. DocuSign Envelope ID: 48C235DC-ABBE-4B49-9EBA-F0C9BCAE572D VIII-06 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 20, 2024 Item: 1st Reading – Rezoning – Mint Development – Pleasant Drive and South Frontage Rd Council Action Requested: Consider 1st Reading of an amendment to Hastings City Code Chapter 155.01 - Official Zoning Map to Rezone property from R-1 Low Density Residence to C-4 – Regional Shopping Center. Upon action by the Council, the 2nd reading, and final adoption would be scheduled for the June 3, 2024 City Council Meeting along with the Comprehensive Plan Amendment. Approval for a rezoning from residential to commercial requires five of seven Councilmembers Background Information: HEDRA and Mint Development executed a Purchase Agreement for sale of the property on March 14, 2024. Mint must obtain all land use approvals from the City prior to the December 31, 2024 deadline for closing. Site Plan and Plat applications providing specific site development details will need to be reviewed by Planning Commission and approved by City Council before the end of 2024. Financial Impact: Future commercial development of the site will increase the tax base. Advisory Commission Discussion: The Planning Commission voted 5-1 (Teiken nay) to recommend approval of the Rezoning along with the Comprehensive Plan Amendment at the May 13, 2024 meeting. No one spoke during the public hearing. Commissioners discussed the effect of the change on adjacent residential homes, screening of trees, and lighting from new development. Attachments: • Ordinance Amendment • Planning Commission Staff Report – May 13, 2024 VIII-07 1st READING DRAFT ORDINANCE NO. 2024-____, THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING SECTION 155.01, ZONING CODE OF THE CITY CODE HAVING TO DO WITH: OFFICIAL ZONING MAP BE IT ORDAINED by the City Council of the City of Hastings that approximately 3.94 acres of property generally located southwest of Pleasant Drive and South Frontage Road is rezoned from R-1 Low Density Residence to C-4 Regional Shopping Center. The property is legally described as Public Land identified in BAUERS 2ND ADDITION, Dakota County, Minnesota, except Parcel 259P on MN DOT Right-of-Way Plat 19-89, and except portion platted at HASTINGS LIBRARY ADDITION. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its passage and approval and publication, as required by law and/or charter. ADOPTED by the Hastings City Council on this 3rd day of June, 2024. _________________________________ Mary Fasbender, Mayor ATTEST: ____________________________________ Kelly Murtaugh, City Clerk VIII-07 I HEREBY CERTIFY that the above is a true and correct copy of an ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 3rd day of June, 2024, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________________________ Kelly Murtaugh, City Clerk (SEAL) This instrument drafted by: City of Hastings (JH) 101 4th St. East Hastings, MN 55033 VIII-07 To: Planning Commissioners From: John Hinzman, Community Development Director Date: May 13, 2024 Item: Mint Development – Comprehensive Plan Amendment and Rezoning – SW Corner of Pleasant Drive and South Frontage Road Planning Commission Action Requested Hold a public hearing and recommend action on the following request of Mint Development Company on a 3.94-acre property located at the southwest corner of Pleasant Drive and South Frontage Road owned by the Hastings Economic Development and Redevelopment Authority (HEDRA): 1) Comprehensive Plan Amendment - Change the Future Land Use Map designation of “Medium Density Residential” to “Commercial” 2) Rezone property from R-1 Low Density Residence to C-4 Regional Shopping Center BACKGROUND INFORMATION Plans for Development Specific plans for development will be submitted at a later date. A conceptual plan has been included in the packet to provide context on future development. Purchase Agreement HEDRA and Mint Development executed a Purchase Agreement for sale of the property on March 14, 2024. Mint must obtain all land use approvals from the City prior to the December 31, 2024 deadline for closing. Site Plan and Plat applications providing specific site development details will need to be reviewed by Planning Commission and approved by City Council before the end of 2024. Comprehensive Plan The property is currently guided Medium Density Residential within the 2040 Comprehensive Plan. A request to amend the Comprehensive Plan to reguide the land to Commercial has been submitted with this application. The proposed amendment would be consistent with the intended use as a retail facility. Planning Commission Memorandum VIII-07 Zoning The property is currently zoned R-1 Low Density Residence. A request to rezone the property to C-4 Regional Shopping Center has been submitted with this application. Retail and service establishment are a permitted use within the C-4 Zoning District. 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. Existing Condition The existing site sits approximately 15-25 feet below the elevation of surrounding properties and contains a stormwater basin. Existing stormwater flow and future stormwater needs established through development would both need to be accommodated as part of the future site plan application. Trees buffer the site to the west and south. Adjacent Zoning and Land Use The following land uses abut the property: Direction Use Comp Plan District Zoning District North South Frontage Road - Vacant Land - Pleasant Hill Library Commercial Institutional PI Public Institution PI Public Institution East Pleasant Drive - Westview Mall Commercial C-4 Regional Shopping Center South 12th Street - Twin Homes Medium Density Residential R-3 Medium High- Density Residence Southwest McAuliffe Elementary School Institutional R-1 Low Density Residence West Marketplace Townhomes Medium Residential Commercial R-4 High Density Residence History The property was deeded as public land to the City of Hastings in 1968. On February 5, 2024 the City Council determined that it did not require the land for public use and transferred the property to HEDRA for future sale and development. Notification of Adjacent Owners All property owners within 350 feet of the site were provided notification of the meeting. No comments or concerns have been received by City Staff at the time of this report. VIII-07 COMPREHENSIVE PLAN AMENDMENT Request Change the Future Land Use Map designation from “Medium Density Residential” to “Commercial”. The Future Land Use Map is located on page 4-39, Chapter 4 - Land Use. Commercial Commercial is defined within the Comprehensive Plan as: Businesses providing retail trade or service for individuals or businesses. Also includes office buildings. Analysis • The site is undeveloped and abuts Westview Mall • Areas to the east and north are designated for commercial use. • The site is near the TH 55 and Pleasant Drive, a controlled intersection. 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 May 13, 2024. 2) Approval of the Comprehensive Plan Amendment by Metropolitan Council. 2040 Comprehensive Plan TH Hwy 55 South Frontage Rd 12th Street VIII-07 REZONING REVIEW Request Rezone property from R-1 Low Density Residence to C-4 – Regional Shopping Center. The action serves as an amendment to Hastings City Code Chapter 155.01 - Official Zoning Map. Uses - C-4 Zoning District Hastings City Code Chapter 155.32 establishes the following requirements for the C-4 Zoning District: 155.32 C-4 Regional Shopping Center 1. Intent. The intent of this chapter in establishing a regional shopping center district is in recognition of future needs for one or more large commercial areas to serve the city and surrounding areas. 2. Uses Permitted. All uses permitted in C-3 Community Regional Commerce District. 3. Uses By Special Permit. 1. All uses permitted by special use in the C-3 Community Regional Commerce District and the following. VIII-07 2. Adult Establishments and Accessory Adult Establishments (as defined in Chapter 114) subject to the following minimum requirements: 1. Adult Establishments and Accessory Adult Establishments shall be located at least 500 feet away from any residential property; 2. Adult Establishments and Accessory Adult Establishments shall be located at least 500 feet away from any church, school, library, park and public recreation area; 3. Adult Establishments and Accessory Adult Establishments shall be located at least 500 feet away from any other Adult Establishment or Accessory Adult Establishments; and 4. Adult Establishments and Accessory Adult Establishments shall obtain all city licenses required in Chapter 114 before commencing operation. 3. Towers as regulated by §155.07. 4. Temporary auto sales may be allowed to support the activities of a non-profit community organization (such as a fund-raiser for a sports team or school). Each auto dealership may be allowed 1 sale per year, with the sale not to exceed 14 calendar days per year. Each parcel of land in the C-4 District is allowed 1 sale per year. If a business consists of more than 1 parcel, only 1 sale may be allowed. 1. The following shall be considered in granting a special use permit: 1. The effect on the total number of parking spaces at the business the sale is held. 2. The effect of the ingress and egress at the parking lot. 3. The effect on accessibility of emergency services. 4. The effect on neighboring businesses or residential areas from an increase in traffic. (Prior Code, § 10.21) Penalty, see §10.99 5. Climate Controlled Storage Facility. 1. All storage activity must be conducted within a building. Exterior storage, or use of accessory buildings, pods, trailers, and the like shall be prohibited. 2. No more than 20,000 s.f. of any building shall be utilized for Climate Controlled Storage. 6. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements of city Code Chapter 155.07.J. 155.30 C-3 Community Regional Commerce 1. Intent. The intent of this chapter in establishing a community-regional commerce district is in recognition of the existing downtown commercial development and of the need for its future expansions, rehabilitation and redevelopment. 2. Uses Permitted. 1. Commercial establishments including, but not limited to, the following: 1. Retail and service establishments excluding automobile repair; 2. Offices; 3. Entertainment and amusement services; and 4. Lodging services including hotel and motel. 2. Public and semi-public buildings; 3. Private clubs; 4. Residential dwellings provided they are located above the first-floor level; 5. Automobile parking lots; 6. Churches; and 7. Accessory uses incidental to the foregoing principal uses. 3. Uses By Special Permit. VIII-07 1. Automobile service stations and motor vehicle repair and wash; 2. Small animal clinics, excluding establishments with outside runs and non-patient overnight boarding; 3. Towers as regulated by § 155.07; and 4. Residential dwellings on the first-floor level provided the dwelling is accessory to a commercial use, less than 50% of the first level floor area and is located in the rear of the building with a separate outside entrance. (Prior Code, § 10.20A) Penalty, see § 10.99 5. Dairies and Creameries 6. Brew Pub 7. Brewery Taproom, provided that a minimum 20 percent of the floor area devoted to use as retail sales and a brewery production and distribution area up to 7,500 square feet. 8. Microdistillery with Cocktail Room, provided that a minimum 20 percent of the floor area is devoted to use as retail sales and a microdistillery production and distribution area up to 7,500 square feet. 9. Conversion of existing building space of no greater than 10,000 s.f. into a restaurant, tavern, or lounge per Section 155.09, Subd. F.6. 10. Cannabis retailer, edible retailer, medical retailer, and medical cannabis distribution facility that comply with the requirements in City Code Section 155.07.J. Analysis • Rezoning conforms with the proposed Commercial Land Use District of the Comprehensive Plan. • Westview Mall abuts the property to the east and is also zoned C-4 • The property is near the stoplight of TH 55 and Pleasant Drive a major traffic intersection within the City. RECOMMENDATION - Rezoning Approval of the rezoning is recommended subject to the following conditions 1) Conformance with the plans submitted with the Planning Commission Staff Report dated May 13, 2024. 2) Approval of the Comprehensive Plan Amendment changing the Future Land Use Map designation from “Medium Density Residential” to “Commercial”. ATTACHMENTS • Site Location Map • Site Pictures • Conceptual Plan for Development • Application VIII-07 LOCATION MAP VIII-07 Site Pictures Looking South from South Frontage Rd Looking West from Pleasant Dr VIII-07 VIII-07 VIII-07 VIII-07 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: May 20, 2024 Item: 1st Reading: City Code Amendments –Amend Keeping of Chickens in Residential Areas Council Action Requested: Hold 1st Reading for the attached amendment to Hastings City Code Chapters 155 - Zoning and 91 - Animals for the following general changes: 1. Allow for the keeping of up to six chickens from four. 2. Allow for the keeping of up to three ducks. 3. Allow for the keeping of up to ten quail. Upon action by the City Council, the second reading, and final action would be scheduled for the June 3rd City Council Meeting. Approval requires a simple majority of the City Council. Background Information: The City of Hastings has allowed the keeping of four chickens since the summer of 2021 on residential properties. There are currently nine chicken license holders with little issue. Please see the attached May 13, 2024 Planning Commission staff report for further information. Financial Impact: N/A Advisory Commission Discussion: The Planning Commission voted 7-0 to recommend approval of the amendment as presented at the May 13th meeting. No comments were made during the public hearing. Council Committee Discussion: The Planning Committee of the City Council met on April 8, 2024 and directed staff to draft an ordinance amendment proposal after reviewing a citizen request for the change. Attachments: • Draft Ordinance Amendment • Planning Commission Memo – May 13, 2024 VIII-08 ORDINANCE NO. ________ AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING HASTINGS CITY CODE CHAPTER 155 - ZONING ORDINANCE REGARDING USES AND 91 KEEPING OF ANIMALS The City Council of the City of Hastings, Dakota County, Minnesota, does hereby ordain as follows: SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 91, Section 91.02.A Exceptions shall be amended as follows: 91.02 Keeping Of Animals It is unlawful for any person to keep any animal (other than cats and dogs), not in transit, in any part of the city not zoned for agricultural purposes. A. Exceptions. 1. Chickens (Gallus gallus domesticus), ducks (Anas platyrhynchos domesticus), and quail (Coturnix japonica domesticus) subject to the following regulations: a. Purpose. The purpose of this division is to provide a means, through the establishment of specific standards and procedures, by which chickens, ducks, and quail can be kept in areas that are principally not used for agricultural. It is recognized that the keeping of chickens is clearly incidental and subordinate to the primary use and will not be allowed to negatively impact the character, health, safety or general welfare of the surrounding area. b. License required. No person shall keep chickens, ducks, and quail within the city on any nonagricultural property without first obtaining a license from the city, where permitted by the zoning ordinance. For purposes of this subsection, “property” shall mean the lot or contiguous lots that are owned or controlled by the applicant upon which the license shall apply. c. Application. An application for a license to keep chickens, ducks, and quail shall be made to the city clerk on the form prescribed by the city. The applicant must provide all the information required on the form, including, but not limited to: VIII-08 1) The name and address of the owner(s) of the chickens, ducks, and quail and the owner of the property where they chickens will be kept, if different; 2) The number of chickens or ducks, and quail to be kept on the property; 3) A scaled site plan or property survey showing the property dimensions, the proposed location of the building and enclosed outdoor area to house the chickens on the subject property along with the dimensions of the building and enclosure; 4) A drawing or picture of the proposed building to house the chickens keeping improvements along with a list of the exterior materials for the building; 5) Payment of the fee for the license to keep chickens, ducks, and quail as set forth in the city fee schedule. d. Granting issuance of license. The city clerk may administratively approve a license or license renewal under this subsection if: 1) The applicant has submitted the required documentation that meets the requirements herein; and 2) For renewal applications, the license holder has not had more than two violations of this subsection within the previous 12 months. e. Standards. Any person keeping chickens, ducks, and quail on nonagricultural property, where permitted by the zoning ordinance, shall comply with the following: 1) Up to 6 chickens may be kept on any property of any size but not with ducks. 2) Up to 3 ducks may be kept on any property of any size but not with chickens. 3) Up to 10 quail may be kept on any property of any size with chickens or ducks. 1) Up to four total hen chickens may be kept on any property of any size. 2)4) For large properties, (a single lot or more than one contiguous lot combined) that are more than one acre double the original number of chickens, ducks, and quail allowed may be kept per each acre over one acre.may keep four hen chickens per acre. 3)5) No person shall keep chicken roosters or drake ducks on the property. 4)6) The slaughter of chickens animals within the city is prohibited. 5)7) The owner of the chickens, ducks, and quail shall live in the residential dwelling on the property. 6)8) Chickens, ducks, and quail more than four monthssix weeks old shall not be kept inside the residential dwelling. f. Shelter and outdoor enclosure requirements. Every person who owns, controls, keeps, maintains or harbors hen chickens, ducks, and quail must keep them confined on the premises at all times and provide them with a building to shelter the chickens and an enclosed outdoor area. Buildings to house the chickens and enclosed outdoor areas for the chickens shall comply that complies with the following standards: VIII-08 1) Chickens and ducks shall be provided with a secure well well-ventilated roofed structure with a solid floor. The floors and walls of the roofed structure shall be kept clean, sanitary and in a healthy condition. 2) Only one building and enclosed outdoor area to house the chickens or ducks and one enclosed outdoor area shall be allowed per lot. 3) Buildings to house the chickens or ducks shall comply with the accessory building requirements and standards in 155.05(D). 4) Fencing for the required enclosed outdoor area for the chickens or ducks may utilize poultry netting fence. Fencing may be galvanized or earth tone but shall not be bright colors and in no case can the fence be electrified. Fencing for the enclosed outdoor area should be six feet high or secured from above for predator protection. to better protect the chickens from predators. 5) Buildings to house the chickens shall provide for a minimum of 4 square feet per chicken. The enclosed outdoor area shall provide for a minimum of 8 square feet per chicken. 6) Buildings to house ducks shall provide for a minimum of 5 square feet per duck. The enclosed outdoor area shall provide for a minimum of 15 square feet per duck. 7) Building hutches to house quail shall provide for a minimum of 1.5 square feet per quail. The buildings hutches shall include an enclosed section with a solid floor and caged area with a solid roof. Building hutches must be screened from view. 4)8) Any device used for heating (i.e. heat lamps) within the building to house the chickens must be properly rated for that use and secured so as not to cause a fire hazard. 5)9) Buildings and Eenclosed outdoor areas for the chickens shall not be located in the front or side yards. 6)10) Any building to house chickens and the enclosed outdoor area for the chickens, ducks, and quail shall be set back at least five feet from all property lines. 7)1) Fencing for the required enclosed outdoor area for the chickens may utilize poultry netting fence. Fencing may be galvanized or earth tone but shall not be bright colors and in no case can the fence be electrified. Fencing for the enclosed outdoor area should be six feet high to better protect the chickens from predators. 8)1) Buildings to house the chickens shall provide for a minimum of 4 square feet per chicken. The enclosed outdoor area shall provide for a minimum of 8 square feet per chicken. g. Duration of license. A license to keep chickens, ducks, and quail shall be issued to the applicant for a period of five years, so long as the license holder continues to own chickens. The license is not assignable or transferrable. If the license holder moves from the property but the chickens, ducks, or quail remain on the property, the new owner must apply for a new license. If any license holder does not own chickens, ducks, or quail for a period of one year, the license automatically terminates. VIII-08 h. Conditions/maintenance and inspections. No person who owns, controls, keeps, maintains or harbors chickens, ducks, and quail shall permit the premises where they chickens are kept to be in or remain in an unhealthy, unsanitary or noxious condition or to permit the premises to be in such condition that noxious odors to be carried to adjacent public or private property. Feeders and food storage containers must not be accessible to rodents and wild birds. No chicken, ducks, and quail shall be kept or raised in a manner as to cause injury to persons or other animals on properties in the vicinity by reason of noise, odor or filth. Any building to house chickens, ducks, and quail or enclosed outdoor area for the chickens authorized under this section may be inspected at any reasonable time by authorized city staff to inspect for compliance with this chapter and other relevant laws and regulations. i. Revocation of license. A license may be revoked by the city council for a violation of any condition of this section following notice and a hearing as provided for in this code. j. Violations. Violations of this subsection are punishable with a misdemeanor citation or civil or administrative penalties, as authorized by law. SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.22(B)(8) is amended as follows: § 155.22 R-1 Low Density Residence. (B) Uses Permitted (8) Keeping chickens, ducks, and quail pursuant to 91.02. SECTION 3. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.22.5(B)(2) is amended by adding subsection (8) as follows: § 155.22.5 R-1L Low Density Residence Large Lot. (B) Uses Permitted (2) Keeping chickens pursuant to 91.02. SECTION 4. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.23(B)(5) as follows: § 155.23 R-2 Medium Density Residence. (B) Uses Permitted (5) Keeping chickens pursuant to 91.02. VIII-08 SECTION 5. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.24(B)(6) as follows: § 155.24 R-3 Medium High Density Residence. (B) Uses Permitted (6) Keeping chickens pursuant to 91.02. SECTION 6. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of Minnesota, Chapter 155, Section 155.36(B)(8) as follows: § 155.36 PI Public Institutional. (B) Uses Permitted (8) Keeping chickens, ducks, and quail pursuant to 91.02. SECTION 7. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section 412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire ordinance is available without cost at the office of the City Clerk, the following summary is approved by the City Council and shall be published in lieu of publishing the entire ordinance. The ordinance amendment changes the keeping of chickens from 4 to 6 and allows for 4 ducks and 10 quail on any sized residential property where allowed along with Public Institutional district properties. The amendment establishes regulations related to those changes. This Ordinance shall be effective upon seven (7) days after its passage and publication. Adopted by the Hastings City Council on this ___ day of _______, 2024, by the following vote: Ayes: Nays: Absent: CITY OF HASTINGS ____________________________________ Mary Fasbender, Mayor ATTEST: _________________________________ Kelly Murtaugh City Clerk VIII-08 I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the ___ day of ________________, as disclosed by the records of the City of Hastings on file and of record in the office. _____________________________ Kelly Murtaugh City Clerk VIII-08 To: Planning Commission From: Justin Fortney, City Planner Date: May 13, 2024 Item: Ordinance Amendment #2024-16– Amend Ordinances: 155 & 91 Keeping of Chickens in Residential Areas Planning Commission Action Requested Hold a public hearing and review the attached amendment proposal to Hastings City Zoning Code 155 and Animal Code 91, to allow ducks, quail, and additional chickens and make a recommendation to the City Council. History The City of Hastings has allowed the keeping of four chickens since the summer of 2021 on residential properties. There are currently nine chicken license holders and there has only been one complaint. Some chickens had gotten out of their yard. The owner was contacted by code enforcement. A request has been made to increase the number of chickens from four to six and to allow ducks and quail. Alternative poultry for backyard chicken flocks are sought for a variety of reasons. The number one reason is due to chicken egg allergies. Although, cross-reactivity is common with quail eggs (69%) and duck eggs (66%).1 Research - Ducks Ducks are starting to be allowed in some cities that have allowed chickens. In most of those instances, the allowable number of ducks is lower than the number of allowable chickens. The cities allowing ducks indicated that it was a recent change and there have been few to no license applications to report on. Duck facts: - They are relatively quiet including the drakes (males). - Messier than chickens, as their excrement is much wetter than chickens. - Need more space than chickens. o They nest and lay on the floor rather than a perch. o They can be larger than chickens. Planning Commission Memorandum VIII-08 o More area is needed for waste to dry. o They don’t require a pond but need bathing water deep enough to submerge their head. - Mixing chickens and ducks in the same coop is debatable. It is often done successfully. The two have different needs but can adapt. They generally wouldn’t choose to live together, certainly not in the wild. Research – Quail Few cities allow quail specifically by name. Some allow them because they are not specifically prohibited. Most cities that allow quail, do it by allowing poultry in general. Those cities often subtract out poultry that are not allowed (turkey, guineafowl, etc). Often those cities have limited numbers of poultry regardless of type. This is very limiting for Quail since they are substantially smaller than the other poultry. Quail facts: - Quail are quiet. Male calls are low and sound like a songbird. - They and their eggs are small (3-4 = a chicken egg) - They need to be housed on their own, not as part of a mixed flock. - They need a fully enclosed house and cage because of their flighty nature. - Typical housing resembles a raised cage or hutch with a wire floor and an enclosure with sand or wood shaving/ straw litter. Sometimes people build a netted aviary. - Total space required is 1.5 square feet each. Feedback from other cities Staff reached out to many of the cities allowing ducks or quail. The response was uniformly that there have not been any issues, but that they have few to no license holders other than for chickens. Most of the allowances were new and there were only a small number of or no citizens that had ducks or quail. Some cities require applicants to choose chickens or ducks, but most don’t address cohabitation. Typically, cities only allow one coop. The city of Cottage Grove Code Enforcement Officer said there aren’t any licensed ducks yet. Based on her experience growing up with chickens and ducks, she believes they should not cohabitate and too many ducks will cause an odor issue. A city of Minneapolis animal control service representative said with a tier I permit, they allow up to 6 fowl including chickens and ducks. He said they have not had any issues that couldn’t be rectified. VIII-08 City Allowed Notes Zumbrota 10 chickens and or ducks, only 4 may be ducks No pools, one duck license North Branch 6 chickens and or ducks Brainard 4 chickens OR 4 ducks Can’t have both Cambridge 6 chickens and or ducks Separate coops required, allow drakes Isanti 6 chickens and up to 2 ducks Duck wings must be clipped Oak Park Heights 4 chickens and or ducks Ducks must be flightless, no wing clipping. 2 duck licenses have been issued. Minneapolis 6 chicken ducks, or quail They weren’t sure if anyone has applied for ducks yet. Cottage Grove 6 fowl or poultry They have about 30 licenses, no ducks, one quail. Specific to Quail Maplewood 10 Poultry of the order Galliformes (includes Quail) Excludes turkeys and roosters Oakdale 6 Poultry 4 SF/ bird coop, 10 or 16 SF run Baudette 12 birds total, 6 may be chickens coop/ run area 10 SF per chickens and 2 SF for quail Staff recommendation There haven’t been issues with the four chickens currently allowed in Hastings. While allowing up to four chickens is the most common among other cities, many have increased their allowance to six or more. Current regulations require four square feet per chicken for coop sizing and eight square feet for the run. This is on the higher end for chickens, but on the low end for duck coops and very low for duck runs. A higher ratio is more critical in this climate where they will be coop bound more often. Staff is proposing to allow less ducks than chickens due to a higher likelihood of smells and their need for more space. Staff is also proposing to not allow for keeping of both chickens and ducks at one property. Two separate coops facilities will clutter yards and be esthetically detracting. Forcing animals from different orders to live together doesn’t seem ethical, even if it works. Staff is also proposing to not allow duck ponds or kiddie pools for duck features. Swimming water is not necessary and raises concerns as stagnant water that would breed mosquitos, smells, and bacteria. Quail hutches are very small and can be easily screened making them very compatible on a residential lot, even in addition to chickens or ducks. The attached ordinance amendment proposal includes changes to the existing keeping of chickens regulations, which were adopted in 2021. Below is a summary of substantive changes. VIII-08 1. Allow up to 6 female chicken (from 4)(no ducks). 2. Allow up to 3 female ducks (no chickens). a. No ponds or kiddie pools allowed. b. Coops minimum of 5 square feet and runs of 15 square feet/ duck (slightly more than for chickens 4 & 8 SF). 3. Allow up to 10 quail. 1.5 square feet each. a. Quail hutch/ cages must be screened and meet property line setbacks 4. The use of keeping chickens is currently listed individually in the R-1, R-1L, R-2, R-3, and PI districts. It is redundant to list it separately in the R-1L, R-2, and R-3 districts because any use listed in the R-1 district automatically is allowed in them. These redundant listings are proposed for deletion. This proposed change only serves to clean up the ordinance. Attachments: VIII-08 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: John Hinzman, Community Development Director Date: May 20, 2024 Item: Authorize Signature: First Amendment to Lease Agreement – 213 Ramsey Street – Melanie Brewer Council Action Requested: Authorize Signature of the attached First Amendment to the Lease Agreement between the City of Hastings and Melanie Brewer. A simple majority is necessary for actions. Background: The City would lease space at 213 Ramsey Street between April 1st and November 30, 2024 to Ms. Brewer to host and conduct estate sales. The City would collect $700 per month in rent which would include utilities. Financial Impact: Collection of rent would defray carrying costs for the building. Site activity would better protect a City asset Advisory Commission Discussion: N\A Council Committee Discussion: N\A Attachments: • Lease Agreement VIII-09 1 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “First Amendment”) is entered into as of , 2024 (the “Effective Date”), by and between the City of Hastings, a Minnesota municipal corporation (“City”), and Melanie Brewer dba Method Organization Co., a sole proprietor (“Tenant”). RECITALS Recital No. 1. The City and Tenant entered into a Lease Agreement dated March 27, 2024 (“Lease Agreement”) for the Property described on Exhibit A to the Lease Agreement. Recital No. 2. Tenant has requested an extension of the Lease Term. Recital No. 3. The City does not object to the extension of the Lease Term. NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the other contained in this First Amendment and other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto do covenant and agree as follows: 1. The entire Lease Agreement is hereby incorporated into the First Amendment, except as modified below. 2. Article 2 of the Lease Agreement shall be removed and replaced in its entirety as follows: 2. TERM. Tenant shall have and hold the Premises April 1, 2024 (the “Commencement Date”) and terminating November 30, 2024 (the “Term”), unless extended by the parties in writing. This Lease is terminable at will by Tenant upon 10 days’ advance written notice to Landlord. From the effective date of the termination by Tenant, any proceeds from subtenants will be retained by Landlord. 3. Except as provided for above, the terms and provisions of the Lease Agreement shall remain in full force and effect. 4. This First Amendment and all disputes or controversies arising out of or relating to this First Amendment, or the transactions contemplated hereby shall be governed by, and construed in accordance with, the internal laws of the State of Minnesota, without regard to the laws of any other jurisdiction that might be applied because of the conflicts of laws principles of the State of Minnesota. 5. Nothing contained herein shall be deemed a waiver by the City of any governmental immunity defenses, statutory or otherwise. Further, any and all claims brought by Tenant or its successors or assigns, shall be subject to any governmental immunity defenses of the City and the maximum liability limits provided by Minnesota Statutes, Chapter 466. VIII-09 2 6. This First Amendment may be executed in two or more counterparts, all of which shall be considered one and the same instrument and shall become effective when one or more counterparts have been signed by the parties and delivered to the other parties. 7. This First Amendment shall not be amended, modified or supplemented, except by a written instrument signed by an authorized representative of each party. [The remainder of this page was intentionally left blank.] VIII-09 3 IN AGREEMENT, the parties hereto have hereunto set their hands as of the Effective Date. CITY: CITY OF HASTINGS By ________________________________ Mary Fasbender Its President By ________________________________ Kelly Murtaugh Its Secretary VIII-09 4 TENANT: MELANIE BREWER DBA METHOD ORGANIZATION CO. Melanie F. Brewer Sole Proprietor VIII-09 City Council Memorandum To: Mayor Fasbender & City Council Members From: Paige Marschall Bigler, Recreation Program Specialist Date: May 20, 2024 Item: Rivertown Days - Special Event Designation & Temporary Liquor License Council Action Requested: Designate 2024 Rivertown Days as a Special Event coordinated by the Hastings Area Chamber of Commerce and Tourism Bureau from July 19th through July 21st 2024, and approve a three day on-sale liquor license as part of the Rivertown Days Community Celebration. Background Information: The Hastings Area Chamber of Commerce & Tourism Bureau has made a request to have July 19 – 21 designated as a special event. Management Staff have been working with the Rivertown Days Committee and are supportive of the event with the following conditions: Traffic Management Conditions: • Traffic Management Plan submitted by a third-party vendor for City Staff review – detour route and trailblazing implemented including delivery, setup and takedown. • Traffic control vendor to provide metal fencing, similar to 2023. Fencing will run along Tyler St. from the Mississippi River up to 2nd Street. Additional fencing available to fill areas that are not blocked by a stage or entrance tent. An easily movable barricade near the small stage on Sibley St. to block foot traffic but allow EMT access if necessary. Barricades at ally behind Lock & Dam and one behind Hastings Social Tavern to deter alcohol beyond boundaries. • Signage at both ends of 2nd St., mid-block 2nd-3rd on Sibley and Ramsey be similar in size/visibility used for last summer’s downtown closures. ‘Road Closed Ahead’ signs at Vermillion/3rd, 4th/Sibley, 4th/Ramsey, and warning on Tyler both north and south of 2nd St. ‘No Right Turn’ sign on frontage road just prior to 2nd St. and ‘No Right Turn’ and ‘No Left Turn’ sign north and south of 2nd St. E. on Tyler Street. • Event coordinators ensure there are way finding signs on Tyler St. and behind the Legion to identify entrances. • Advance notification to traveling public required along 2nd St. on approaches to closure area (example: This road closed for event July 19th – 21st) • Accessible parking spots to be identified and posted by RTD Committee. • Police Department requests two golf carts for shuttling police reserves. Temporary Liquor License Conditions: • Access to and egress from the alcohol service areas must be always staffed with private security personnel during service hours. Security personnel need not be uniformed but must wear something that identifies them as SECURITY. Security personnel may be employees of the event’s liquor license or volunteer staff. VIII-10 • Security personnel are expected to immediately report to the Hastings Police Department any traffic safety issues, disorderly conduct, or criminal behavior that may affect the safety of the event staff, attendees, or surrounding community. • Identification checks must be made to ensure with the Minnesota alcohol consumption possession statutes. Beer tent hours will be 5:00 p.m. – 11:00 p.m. on Friday, and 1:00 p.m. – 11:00 p.m. on Saturday. Last call at 10:30 p.m. on Friday and Saturday. • Only alcoholic beverages allowed outside the bar/restaurant spaces from Chamber beer tent. List of beverages provided to Police Dept. prior to the event. • Alcoholic beverages are not permitted to leave Rivertown Days boundaries. • Security member positions in the alley behind Lock and Dam Eatery. • Proof of insurance for the temporary liquor sales must be received by City staff in advance of the event. General Conditions: • Chamber to receive written approval to utilize private property. • Chamber to receive letter of approval from DNR to close Jaycee Boat Launch • Tent inspection by the Fire/EMS Department to address proper safety items in advance of the event. • Stages taken down by event volunteers after event Saturday night to allow space for car show on Sunday. • Public Works Department staff check electrical outlets at Jaycee Park prior to RTD weekend for craft fair and food vendors. • Public works department to provide water access for food vendors and the carnival at Levee Park from hydrants. Public Works and RTD staff identify hydrants prior. • Public Works to mow and mark off the grassy area past the boat launch in Jaycee Park for additional parking. • Parks Department connect with Mosquito Control District to spray for mosquitos in Jaycee and Levee Park before RTD weekend. • Parks Department to mow private property adjacent to Levee Park the Monday of Rivertown Days weekend, prior to carnival set up. • Parks Department will provide delivery and pickup of picnic tables to Jaycee Park and Levee Park. • Parks Department will lock Levee Park restrooms and post closure signage. • Parks Department will coordinate Trash, Recycling & Organics carts and dumpsters delivery and distribution with Tennis Sanitation. • Parks Department will check garbage/recycling for pickup throughout Jaycee Park and Levee Park in the morning and afternoon, July 19-21. Event volunteers to empty garages/recycling in the evenings. • The downtown big belly bins will be saran wrapped shut with an out of service sign posted by Public Works Staff due to insufficient capacity to maintain regular emptying by maintenance. • Any additional coordination with City Staff as requested to ensure a successful event. Financial Impact: Temporary on-sale liquor license fee of $75.00. City resources are committed to this event as part of the annual budget and the City is listed as one of the event sponsors. Advisory Commission Discussion: VIII-10 N/A Council Committee Discussion: N/A Attachments: • Special Event Application and letter • Traffic Management Plan • Security Overview • Event layout & Maps • Temporary Liquor license application VIII-10 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 V I I I - 1 0 Special Event Application: Rivertown Days 2024 Attachment General Event Information: • Set up times & notes: o We are asking that 2nd Street close to through traffic from Eddy Street to Tyler Street at 5 a.m. Friday, July 19th, 2024 for event set up. This would include Sibley from the Levee Park parking lot to the ally north of 4th Street and Ramsey from the Levee Park parking lot to the back of the Post Office. Levee Park parking lot would also close to traffic.  Barricades and detour signs will be placed by Warning Lites at 5 a.m. (Traffic management plan enclosed)  Stages will begin set up by 7 a.m.  Fencing will begin set up by 8 a.m.  Food trucks arrive by 10 a.m. – scheduled electrical checks by 12 p.m. o Stipes Carnival will start setting rides in the privately owned land north of Hastings Family Service on Monday July 15th. Approval from Bob Abdo, private land owner has been obtained. We are asking for the use of the city owned land north of Art Space Apartments for Carnival parking from Monday, July 15th – Sunday, July 21st, 2024. o A permit for the closure of Jaycee Park boat launch has been approved for Saturday, July 20th & Sunday, July 21st. Signs will be posted at the entrance of Lock & Dam road the starting weekend of July 4th o Volunteers will begin marking booths for arts & crafts vendors on Thursday, July 18th. (Park will remain open to the public) o Food vendors will need to be set up for electrical inspection in Jaycee Park by 1 p.m. on Friday, July 19th. o Arts and crafts vendors will start setting up in Jaycee Park Friday, July 19thfrom 5 p.m. – 9 p.m. • Event Times: o 2nd Street retailers would like to do a sidewalk sale while the event is being set up from 9 a.m. – 5 p.m.. o Music, carnival & food trucks on 2nd street & Levee Park  Friday, July 19th 5:00 – 11:00 p.m. (Ticket required)  Saturday, July 20th 9:00 a.m. – 11:00 p.m. (Ticket required starting at 1 p.m.)  Sunday, July 21st 9 a.m. – 4 p.m. (Ticket NOT required) • Community Church Service at the Pavilion at 10 a.m. VIII-10 • Carnival & food trucks from 11 a.m. – 4 p.m. • Hastings Signs competition at the Pavilion at 2:00 p.m. • Classic car show on 2nd Street – 11 a.m. – 4 p.m. o Arts & Crafts Show in Jaycee Park (Ticket NOT required)  Saturday, July 20th 9 a.m. – 5 p.m. o Sunday, July 21st 9 a.m. – 4 p.m. • Tear down: o Stages will be torn down Saturday night. Street barricades will replace the two stages on 2nd Street to keep the street closed and allow for the classic car show on Sunday. o The remaining event areas (arts & crafts, carnival, food trucks) will be cleared out Sunday starting at 4:30 p.m. • Admission: o Tickets are required for activities within the fenced in area on enclosed map (2nd street & Levee Park) for the following dates and times:  Friday, July 19th, 2024 - 5:00 p.m. – 11:00 p.m.  Saturday, July 20th, 2024 – 1:00 p.m. – 11:00 p.m. o Price:  Presale - $25  Gate - $20 each day  Kids 15 & under are free to attend o Additional Admission Notes:  There will be free family activities along with a sidewalk sale on 2nd St and in Levee Park from 9 a.m. – 1 p.m. Tickets will not be required at this time.  Activities on Sunday, including a classic car show, community church service, access to the carnival and a singing competition are free to attend. No tickets required.  The arts & crafts fair in Jaycee Park is free to attend.  Events around town may charge their own admission. Event organizers are asked to submit these details to the Chamber of Commerce so they can be posted on the Rivertown Days website. They are also asked to obtain necessary permits from the city. • Tents: o All arts & crafts vendors will have 10x10 tents that are required to be secured. This list will be submitted to the city clerk in early June. We anticipate 100 vendors in Jaycee Park and 30 on 2nd Street for the side walk sale. o There will be a 3 beer tents, each 10x10. o There will be 10x10 tents at the entrances under the Hwy 61 bridge and at 2nd Street & Ramsey Street. o Four food vendors will have 10x10 tents. VIII-10 • Traffic Management: o Please see enclosed traffic management plan created by Warning Lites. Staff of Warning Lites will deliver and pick up all detour, road closure signs & barricades. Please note the dates are from 2023, we will be using the same plan and have confirmed with Warning Lites. • Trash & Recycling: o See enclosed trash plan. We are requesting the use of Parks department staff for this plan as in years past. o Violet Penman will be in touch with Cory Likes to order organic bins. • Security: o The chamber has hired After The Badge (ATB) for security on Friday – Saturday night. See enclosed security overview. o Additional signage will be provided indicating where entrance and exits are per feedback from the Hastings Police Reserves. o An area of weakness for security is the carnival area. The Chamber asks that police reserves give special attention to patrolling this area. Guests must be pointed to an entrance to ensure they are IDed. • Trolleys: o Free trolly rides will be offered to Rivertown Days guests on Saturday, July 20th from 9 a.m. – 11 p.m.. The trolly will pick guests up in Fleet Farm parking lot, make the first stop in Jaycee Park, a second stop in Depot Park and return to Fleet Farm. This will run as a continuous loop. • Rivertown Days Sanctioned Events around town will need to submit for their own permits. A list of sanctioned event applications will be provided to the city prior to the event. • Permit fees: o Arts & Crafts vendors are charged a $15 city permit fee. o Concession stands that have not already paid for a yearlong permit are charged a $25 city permit fee. • Parks: o As in year’s past, we ask that all park fees be waived for the event. o We are asking that Levee Park and Jaycee Park be sprayed for mosquitos the Thursday before the event. • Public Works: o Food vendors will need access to fire hydrants in the downtown & levee park area along with Jaycee park. We are asking public works to help in providing access to designated fire hydrants for use of water during the event. VIII-10 o The Rivertown Days fund has purchased additional accessible parking signs to be used in the public spaced in front of the ramp on 2nd Street West and on Lock & Damn Road in Jaycee Park. We are asking public works to place these signs for the event along with no parking signed under the Hwy 61 Bridge and Lock and Damn Road. VIII-10 2 2 1 1 Hastings Area Chamber of Commerce: Rivertown Days 2023 Friday, July 21-Sunday, July 23 -WL to deliver advance warning signage one week prior -Deliver remainder in place by Friday Friday 5AM: WL to close roads & set barricades Sunday: Customer to takedown after event -WL to pick up Monday Equipment List 2- Road Closed for Event Date / Time 20- Type III Barricades 5- Road Closed 6- Road Closed to Thru Traffic 1- Permit Parking Only 1- Detour Right Enclosed 1- Detour Left Enclosed 2- Large Double Arrow 2- Type II Trail Closed Barricades 2- Road Closed Ahead 2- Detour Ahead 6- Detour Up / strut 2- Detour Left / strut 2- Detour Right / strut 2- Ped/Bike Detour Up / strut 3- Ped/Bike Detour Right / strut 2- Ped/Bike Detour Left / strut 2- Stop Signs / strut 7- Parade Boards 215- Pedestrian Barricades TIII- RCTTT TO PREVENT MOTORISTS FROM CUTTING THRU LOTS 4 DETOUR 1 DETOUR THIS ROAD CLOSED FOR EVENT 7/21 5AM- 7/23 5PM 52 20 8 8 30 40 10 47- Add'l for customer # VIII-10 RTD 2024 Security Overview Friday, July 19th • 14 security guards: 4:30 p.m. – 12:00 a.m. o 2 at Stage 61 gate entrance o 1 at Stage 61 for band entrance o 3 at Ramsey & 2nd o 2 roaming o 2 at the alley behind Lock & Dam and Graphic Design (1 on each end of the alley) o 2 on the Hastings Riverwalk o 2 behind the Sibley Stage • 1 security guard overnight: 12 a.m. – 8 a.m. Saturday, July 20th • 14 security guards 12:30 p.m. – 12 a.m. . o 2 at Stage 61 Entrance o 1 at Stage 61 for band entrance o 3 at Ramsey & 2nd St o 2 behind the Sibley stage o 2 at the alley behind Lock & Dam and Graphic Design (1 on each end of the alley) o 2 roaming o 2 on Hastings Riverwalk ATB Security: 1 by the Entrance 1 by the EXIT ONLY 1 behind the stage 1 alley behind Lock & Dam Eatery 1 at the fence on the Riverwalk ATB Security: 1 on the RiverWalk 1 alley behind Graphic 1 Entrance 1 EXIT ONLY 1 Olive’s Grove 2 ATB Security patrolling event area. 2 ATB Security behind the Sibley Stage. VIII-10 Rivertown Days 2024 Trash/Recycling plan: From Tennis Sanitation - • 2 – 8 yard trash & 2 - 8 yard recycling dumpsters for Levee Park area. One set will go in the grass near the Hastings Riverwalk on Tyler Street, the other will go in the in-closed dumper area in the alley behind Hastings Beauty School. • Overflow trash/recycling dumpsters kept at the parks department. • There is no need for dumpsters in Jaycee Park. • 45 trash bins and 45 recycling bins will spread out around Levee Park and 2nd Street event area. • 10 will be stored for back up. • 55 total for downtown area. o Map attached • 10 trash and recycling bins in Jaycee Park for Arts & Crafts fair. Order & delivery - • Hastings parks department places order with Tennis Sanitation • Dumpsters delivered mid week of RTD • Bins delivered Friday (7.19) morning Trash pick up schedule – • Friday 7.19 – o 45 garbage & 45 recycling cans placed in downtown area (see map) o 10 of each reserved for backup if volunteers need to replace for cans until parks staff can empty. o 10 garbage & 10 recycling in Jaycee park. o Volunteers will be up overflow Friday night – city empties early Saturday morning. • Saturday 7.20 o City parks staff empty all trash & recycling bins including the city owned trash bins on 2nd street no later than 8 a.m. o City parks will empty trash & recycling from 6 a.m. – 6 p.m. o City parks staff empty garages in Jaycee Park (art & crafts) at 1 p.m. o Volunteers will clean up overflow at the end of the night. • City parks staff empty garbage & recycling by 8 a.m. Sunday morning and prior to 2 p.m. in Jaycee Park & 2nd Street/Levee Park area. • Take down volunteers empty garbage on 2nd Street & Levee park Sunday starting at 4 p.m. – place cans in Levee Park Parking lot. VIII-10 5 trash & 5 recycling on both ends of the food park. 2 trash bins for paper towels by the wash i 1 trash & recycling by the stage. 1 set by the command center. 5 trash & recycling in the carnival area. 2 trash & rec by the picnic tables and 2 by the gate. 2 trash & rec by the beer tents. 2 sets near the Sibley Stage. 8 sets on the first block. 2 sets near the entrance & 1 set behind the main stage. VIII-10 20 Regular 2 Handicap 2 wash stations 2 Regular 3 Regular (Need by 7.15) Open the two in Depot Parking Lot Open 2 under the bridge 1 behind Stage 61 VIII-10 Levee Park Parking Lot: 20 regular, 2 handicapped & 2 sinks • Needed by 10 a.m. on 7.19 – the street closed at 5 a.m. 7.19, you can arrive anytime after that. • These are in the south west corner of Levee Park parking lot, same as last year. (see attached map) • Cleaning - Saturday 7.20 before 8 a.m. and at 1 p.m. • Cleaning Sunday, 7.21 before 8 a.m. • Please check sinks midday on Saturday Hastings Riverwalk Path, near the Pavilion: 2 regular • Cleaning Saturday 7.20 before 9 a.m. & Sunday 7.21 before 9 a.m. . 1 regular behind Stage 61 • The stage will arrive at 7:00 a.m. on Friday, July 19th, this can be placed anytime after 10 a.m.. The dirt lot behind Art Space – 3 regular • Needed by Monday, 7.15 Can we open all the restrooms that are left downtown for car shows as well? VIII-10 V I I I - 1 0 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: May 20, 2024 Item: Community Investment Fund – Hastings Tennis Association Council Action Requested: Approve $2,500 from Community Investment Fund for windscreens with Hastings Tennis Association. Background Information: As part of the 2024 Budget, the City Council continued the Community Investment Fund and allocated $100,000 in funding. After funding was allocated for CIF projects in March, a balance of $49,287.75 remained unallocated. Hastings Tennis Association recently applied for $2,500 with a $1,000 match to install windscreens on the tennis side of the Roadside Courts. Note that the March CIF projects included funding for windscreens on the pickleball side of Roadside Courts. The two projects will be coordinated. Committee and staff unanimously recommend funding. Financial Impact: $2,500 Council Committee Discussion: Finance Committee met on May 13 and recommends approval Attachments: N/A VIII-11 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: City Administrator Dan Wietecha Date: May 20, 2024 Item: Arts & Culture Commission – Civic Arena Mural Council Action Requested: Approve concept for installation of mural on southwest wall of Civic Arena. Background Information: The Arts & Culture Commission proposes to hire an artist for a mural on the large southwest wall of the Civic Arena facing Highway 61. In consultation with the Parks Department, this public art would welcome people to our town and celebrate Hastings hockey history. The planned installation would be completed ahead of the January 2026 Hockey Day Minnesota. With permission to have the mural placed on a City building, the Commission plans to issue a an RFP in June 2024, review submissions in September, provide finalists with $1K stipend to develop full proposal, and select the artist in November. The City Council would be involved in the final approval. The current Civic Arena Project will come in under budget due to receipt of the Mighty Ducks Grant, freeing up funds that could supplement the mural project. Financial Impact: Estimate $40,000 - $60,000 ($16K from 2023 budget carryover, $10K from 2024 budget, $13K from 2025 budget, $21K from Arena Project and potential donations) Committee Discussion: Requested by Arts & Culture Commission Attachments: Draft Request For Proposals VIII-12 RFP: Mural Celebrating Hastings, MN Hastings Civic Arena Seeking Midwest artist/s to design and create an engaging, dynamic and welcoming mural celebrating Hastings and Hastings hockey history. No fees to submit project proposals. SUMMARY The Hastings Arts & Culture Commission and the City of Hastings invites artists to submit proposals and qualifications for a mural to welcome people into our historic rivertown and to celebrate the athletic history tied to our community. The Hastings Civic Arena houses athletic and cultural events all season long and is a landmark on the south end of town. 2026, the city of Hastings will host Hockey Day Minnesota, and this mural will be in the center of the action. PROJECT GOAL To create a welcoming and vibrant introduction to the City of Hastings and the Hastings Civic Arena. PROJECT DESCRIPTION The mural will occupy the southwest wall of the Hastings Civic Arena, facing Hwy 61 and serve as a visual landmark and welcome to our community. We are looking for the scope to fall into the range of $40000-$60000 and be inclusive of design, fabrication, materials, artwork transportation, special handling fees (if any), materials needed for installation, photographic records and documentation. The artist will install the artwork with the City of Hastings staff cooperation and assistance. SPECIFIC PARAMETERS: The mural must be rendered onto a material that can be attached to the exterior surface of the building. The building consists of concrete fins that are completely unsuitable for painting, and for clean visual communication. Proposed materials must be durable/maintenance free and able to withstand the outdoor location. Finished artwork must be permanent and designed to last in the elements. Mural should be readable and visible by motor vehicles passing on Hwy 61. The design should be suitable/acceptable for public viewing by all ages and can not include any branding. The design MUST prominently include “Welcome to Hastings” of similar message and also include “Hastings Civic Arena” The system to attach the mural substructure to the wall must be included in final designs, and idea of this is helpful within the preliminary designs. VIII-12 The wall on the Hastings Civic Arena is quite large, (dimensions). The mural does not need to encompass the whole wall, but placement of mural on the wall must be taken into consideration within the designs. Artist/s will work with City of Hastings staff to ensure adherence to safety codes and engineering requirements. See attachments that include architectural dimensions and photographs of building. SELECTION CRITERIA Design will be evaluated on the following criteria: Welcoming nature of the design Incorporation of theme, Design aesthetic, Installation of artwork on the side of the building Strength of past work samples, Must be willing to sign an artist project agreement The Hastings Arts & Culture Commission will convene to select the proposals and present them to the Parks Department and then to the City Council and Mayor for final approval. APPLICATION PROCESS: Artist interested in creating public artwork must submit the following for consideration: Artist Statement including comments on process Project proposal Resume (two pages max) Biography – max 300 words Examples of relevant artwork (10 images max) Descriptive sample list adding context to work samples (two pages max) SELECTION PROCESS Submitted applications will be judged on a competitive basis from which 3 finalists will receive a stipend of $1000 to submit full proposals. Deadline for Entries: Received by 11:59 pm September 1, 2024 Finalists notified by September 23, 2024 Finalists submit full proposals by October 25, 2024 Selected artist notified by Nov 11, 2024 Expected Installation date: Before Nov 1, 2025 Please send submissions to Hastings Arts & Culture Commission ArtsandCultureCommission@hastingsmn.gov VIII-12 Or Hastings Arts & Culture Commission C.O. City of Hastings 101 4th Street East Hastings, MN 55033 VIII-12 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: May 20, 2024 Item: Arts & Culture Commission – Shakespeare in the Park Council Action Requested: Informational. No action needed. Background Information: The Arts & Culture Commission is planning for a Shakespeare in the Park play on Sunday, June 30, at Vermillion Fall Park, from 7 to 9 pm. The Classical Actors Ensemble will perform “Twelfth Night” with a fun little twist. The picnic shelter has been reserved for the event. Financial Impact: $1,100, within budget Committee Discussion: Arts & Culture Commission Attachments: N/A VIII-13 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Dan Wietecha, City Administrator Date: May 20, 2024 Item: Accept In-Kind Donation to Arts & Culture Commission Council Action Requested: Council is asked to accept an in-kind donation valued at $240 from Wendy Shilts-Johnson, owner of The Studio Downtown (205 2nd St E). Background Information: Wendy Shilts-Johnson (owner) graciously offered to donate the use of her business space, The Studio Downtown (205 2nd St E) for the Art & Culture Commission's Creative Convergence event on May 9th, 2024. The donation allowed the Commission to host the Creative Convergence at no cost. This in-kind donation is valued at $240. Financial Impact: N/A Committee Discussion: Arts & Culture Commission Attachments: Resolution VIII-14 City of Hastings Dakota County, Minnesota Resolution # _______ A Resolution Expressing Appreciation and Accepting In-Kind Donation to the City of Hastings Arts & Culture Commission WHEREAS, Wendy Shilts-Johnson (The Studio) has presented the City of Hastings Arts & Culture Commission an in-kind donation valued at $240.00 to host the Creative Convergence event on May 9, 2024; and WHEREAS, the City Council is appreciative of the donation and commends Ms. Shilts-Johnson (The Studio) for this civic effort, NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Hastings, Minnesota: 1. That the donations are accept and acknowledged with gratitude. 2. That the donations will be used for the Creative Convergence event. Adopted this 20th day of May, 2024. __________________________________ Mary Fasbender, Mayor Attest: __________________________________ Kelly Murtaugh, City Clerk VIII-14 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 20, 2024 Item: Hastings Hawks Agreement Council Action Requested: Approve Agreement with Hastings Hawks for use and operation of Vets Baseball Concessions and press box facility. Background Information: This is a renewal and update of the 2018 agreement with the Hastings Hawks for the use and operation of the concessions facility and press-box facility at Veterans Baseball Field. The Hawks were instrumental in raising funds and construction of both facilities and this agreement provides authorization for use of both. It does allow the Hawks a first right of refusal for concessions during games/events that are not Hawks. This renewal and update is consistent with historic and current use, has been reviewed by legal, and staff recommend approval. Financial Impact: No impact for City Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Agreement VIII-15 1 HASTINGS HAWKS AGREEMENT FOR CONCESSIONS THIS AGREEMENT (“Agreement”) is made this day of , 2024, (“Effective Date”) by and between the City of Hastings, a Minnesota municipal corporation (“City”) and Hastings Hawks Amateur Baseball, Inc., a Minnesota nonprofit corporation (“Hastings Hawks”). RECITALS A. The City owns real property and a building that is located in the Veteran’s Athletic Complex located within the City of Hastings. The building contains restrooms and a concession stand (“Facility.)” B. The Facility is adjacent to the baseball field (“Baseball Field”) which is used by the Hastings Hawks baseball team as well as other Hastings area baseball teams. C. The Hastings Hawks are willing to take on certain responsibilities regarding the operation and maintenance of the Facility in return for the opportunity to sell concessions from the Facility. D. The City is willing to allow the Hastings Hawks to sell concessions from the Facility, provided they maintain the Facility and otherwise comply with this terms of this Agreement. NOW, THEREFORE for mutual consideration, which is hereby acknowledged, the parties agree as follows: 1. TERM. The term of this Agreement is from the Effective Date of this Agreement through December 31, 2028. 2. NON-EXCLUSIVE USE OF FACILITY FOR CONCESSIONS. During the Term of this Agreement, the Hastings Hawks will have the non-exclusive right to operate, sell and maintain, subject to the terms of this Agreement, concessions at the Facility during its baseball games and at other games and events if other organizations that reserved the field do not sell concessions. Hastings Hawks understands that other sports teams will be allowed to use the Facility with the prior approval of the City, however, the Hastings Hawks will have the right of first refusal for concessions sales for all events held at the Facility. Hastings Haws shall obtain all necessary permits or licenses from the City, State of Minnesota, Department of Health or any other entity governing the operations of concessions at the Facility. Any required permits shall be provided to the City on an annual basis. 3. RENT. In recognition of the Hastings Hawks’ contribution to the construction of the Facility, no rent shall be charged for the use of the concessions stand or the press box. a. Concessions Stand Use. The City agrees that Hastings Hawks will not be charged any rent for the use of the concession stand at the Facility. All revenues received by Hastings Hawks from the sale of concessions shall remain with the VIII-15 2 Hastings Hawks. Hastings Hawks will provide the City with an annual profit/loss statement for the concessions operation. b. Press Box Use. The Hasting Hawks can store equipment in the press box provided the proper insurance is maintained. The Hastings Hawks maintains ownership and responsibility of/for the sound system and related items. Other parties will only be allowed to use the sound system with proper training and authorization by the Hastings Hawks. 4. APPOINTMENT OF CONTACT PERSON. Hastings Hawks will appoint a main contact person (“Contact Person”) for purposes of this Agreement and shall provide the City with his/her contact information. The Contact Person shall be responsible to open and lock up the Facility, including the restrooms, during all Hastings Hawks baseball games and other games or events as requested by the City. Hastings Hawks agree that the Contact Person, Hastings Hawks’ concession manager and other board members as identified by the contact person shall have keys to the Facility. The Hastings Hawks will provide a key holder list to the city annually and whenever the keyholders change. These individuals shall not give out the Facility keys to any other person, without the prior consent of the City. The Hastings Hawks shall be responsible for the actions or inactions of its Contact Person, concession manager and anyone acting under their direction. 5. EQUIPMENT. The Hastings Hawks shall use its own equipment in the preparation and sale of concessions from the Facility. Hastings Hawks will be responsible for all maintenance and repair of its concession equipment. Hastings Hawks shall be responsible for maintaining its own concession equipment in a condition which complies with all applicable health regulations. 6. CLEANING OF FACILITY AND EQUIPMENT. Hastings Hawks agrees to maintain the restrooms at the Facility in a clean and sanitary condition. Hastings Hawks agrees to maintain the concession area in a condition which satisfies all applicable health regulations. Hastings Hawks will be responsible to provide any special cleaning products for its food preparation and concessions equipment. 7. SUPPLIES AND MAINTENANCE. City agrees to provide the necessary paper products and appropriate cleaning supplies for the restrooms. City also agrees to be responsible for any necessary repairs to the Facility. The Contact Person agrees to notify the City when repairs are needed to the Facility. Except for reasonable wear and tear, Hastings Hawks will be responsible for the repair of any damages to the Facility caused by the actions of its employees, volunteers, agents or contractors. 8. FEES AND DEPOSIT. Hastings Hawks shall not be allowed to charge a fee to another organization to use the concession Facility. If another organization wishes to use Hastings Hawks concession equipment, Hastings Hawks will be allowed to charge a reasonable fee for the use of its concession equipment. Additionally, Hastings Hawks may require the other organization who is selling its own concessions to place a VIII-15 3 refundable deposit with the Hastings Hawks to ensure that the Facility and concession equipment are returned in a clean condition. 9. STORAGE OF EQUIPMENT. Hastings Hawks shall be allowed to store its concession equipment at the Facility during the off-season, provided it maintains proper insurance. 10. WORKERS AND VOLUNTEERS. Hastings Hawks agrees it shall be responsible for the actions of all Hastings Hawks’ volunteers, agents, employees, contractors or assigns during the performance of this Agreement. 11. INSURANCE. Hastings Hawks shall provide liability insurance coverage in an amount of at least one million dollars to cover damages to any person or property caused by the negligent acts of Hastings Hawks, its officers, employees, agents or volunteers. This insurance shall also name the City as an additional insured. This paragraph shall in no way be construed as waiving any statutory tort limit of the City provided by Minn. Stat. Chapter 466 or any other Minnesota law. 12. DEFENSE AND INDEMNIFICATION. Hastings Hawks agree to defend, indemnify and hold harmless the City, its elected officials, officers, employees, agents and representatives, from and against any all claims, costs, losses, expenses, demands, actions or causes of action, including reasonable attorneys’ fees and other costs and expenses of litigation which may be asserted against or incurred by the City or for which the City may be liable in the performance of this Agreement arising from Hastings Hawks’ operation and maintenance of a concession stand at the Facility, except those which arise solely from the negligence, willfulness conduct or other fault of the City. 13. RISK OF LOSS, INDEMNIFICATION, HOLD HARMLESS. Hastings Hawks agrees that the City shall in no way be responsible for the damage or loss of any Hastings Hawks concession equipment or concession inventory kept at the Facility. The risk of loss for such equipment or inventory shall be the sole risk of the Hastings Hawks. The Hastings Hawks agree to indemnify the City from third party claims and hold the City harmless for any damage to Hastings Hawks’ concession equipment or concession inventory. Hastings Hawks assumes all liability for any injuries or damages to persons or property caused by its acts during its use of the Facility or from its sale of concessions at the Facility. 14. NO JOINT VENTURE CREATED. Nothing in this Agreement shall be construed to create a joint venture between the City and the Hastings Hawks. Furthermore, nothing shall be construed as creating an employer-employee relationship between the City and any member of the Hastings Hawks’ organization or any volunteer of the Hastings Hawks. 15. FIELD MAINTENANCE UNDERSTANDING. The City will provide routine maintenance to this field. Improvements may be requested and must be authorized by VIII-15 4 the City through its Parks and Recreation Director. It is understood and expected that, at times the Hawks will assist with some minor maintenance of the baseball field with approval of the Parks and Recreation Department. 16. SCOREBOARD. The City agrees to maintain and repair the scoreboard in a manner determined appropriate by the City. The City also agrees to insure the scoreboard against damage or loss. 17. REVIEW OF AGREEMENT. Both parties to this Agreement reserve the right to request review of this Agreement at any time, for any reason, upon thirty days written notice to the other party. Annual reviews shall take place in the fourth quarter of each year. 18. TERMINATION OF AGREEMENT. Both parties to this Agreement reserve the right to terminate this Agreement at any time, for any reason, upon thirty days written notice to the other party. At the beginning of each season each party agrees to give the other party the name and address of the person to whom such notice should be sent. [remainder of page intentionally blank] VIII-15 5 CITY OF HASTINGS By: ____________________________________ Mary Fasbender, Mayor By: _____________________________________ Kelly Murtaugh, City Clerk VIII-15 6 HASTINGS HAWKS AMATEUR BASEBALL, INC. By: Printed: Its: President By: Printed: Its: Secretary VIII-15 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 20, 2024 Item: Vermillion River Greenway JPA Council Action Requested: Approve JPA for the Vermillion River Greenway Construction Project Background Information: Dakota County and the City of Hastings have been working cooperatively to reconstruct multiple miles of trail along the Vermillion River Greenway corridor. That work began in 2023 and continues in 2024 with Dakota County investing a little over $1.7M in trail and amenity improvements in the Hastings section of the VRG. As a part of this project, the City desires to have some reconstruction of connecting trails. Doing so in conjunction with the County’s bigger project offers cost savings for the City. Specifically the trail section along Hwy 61 by Applebee’s will be over laid with new pavement to enhance it’s function for now. The trail section along West 22nd St on the south side of Applebee’s will be reconstructed completely. Financial Impact: The city will pay $10, 470.00 which the City Council has previously approved along with the budget adjustment for that work. No additional cost to the City for this work. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • JPA VIII-16 Dakota County Contract #DCA20885 1 JOINT POWERS AGREEMENT BETWEEN DAKOTA COUNTY AND THE CITY OF HASTINGS FOR COST SHARING OF REGIONAL GREENWAY TRAIL IMPROVEMENTS AND RECONSTRUCTION WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, Dakota County (“County”) is a political subdivision of the State of Minnesota; and WHEREAS, the City of Hastings (“City”) is a Minnesota municipal corporation (collectively herein the County and the City are referred to as the “Parties”); and WHERAS, by resolution 19-767, the Dakota County Board authorized the adoption of the Vermillion River Greenway Hastings Segment Master Plan which utilized existing Hastings City trail facilities (“Trail”); and WHERAS, by resolution 23-406, the Dakota County Board authorized the reconstruction and improvement of 4.25 miles (“Greenway Project”) from the connection with the Mississippi River Greenway in Levee Park to Pleasant Drive that will become the Vermillion River Greenway; and WHERAS, the Greenway will be co-branded with City and County signage, kiosks, wayfinding; and WHEREAS, the estimated cost of the Project is $1,704,062.75; and WHEREAS, the Parties are desirous of entering into this Agreement so that the County and the City may share the actual construction costs for trail improvements and trail reconstruction, of 450 feet of local city trails (“Local Trails”) connecting to the Greenway Project to afford the opportunity to realize competitive pricing and construction mobilization; and WHEREAS, the Parties anticipate that the 450 feet of the Local Trails will be not incorporated into the regional trail system leading to points of interest outside the City; and WHEREAS, the City agrees to reimburse the County for the construction work associated with the 450 feet of local trails at cost of $10,470.00; and WHEREAS, as part of incorporation of the Trail into a regional trail system, it is mutually desirable to transfer jurisdiction, maintenance, use, and operations to the County. NOW, THEREFORE, in consideration of the mutual promises and benefits that the Parties shall derive from this Joint Powers Agreement (“Agreement”), the Parties hereby enter into this Agreement for the purposes stated herein. VIII-16 Dakota County Contract #DCA20885 2 ARTICLE 1 Purpose The purpose of this Agreement is to provide cooperation and funding by the City to the County for actual construction costs of the local City Trails connecting to the Greenway Project and to define the responsibilities and obligations of the Parties for cost contribution and Project management. All funds provided by the City are to be used by the County solely for this purpose. The County shall use funds pursuant to this Agreement exclusively for the payment of actual construction costs as provided in this Agreement. The other purpose of this Agreement is to provide a procedure for transferring jurisdiction and power over maintenance, use, operation, repair, replacement, reconstruction, and installation of signage, markings, landscaping, drainage, utilities, sewer, water, improvements, alterations, and any other work directly related to the Trail to Dakota County. ARTICLE 2 Parties The Parties to this Agreement are the City and County. County is acting by and through its Parks Department. City is acting by and through its Parks Department. ARTICLE 3 Term This Agreement shall be effective on the date of the signature (“Effective Date”) of the last party to sign this Agreement and expires on December 31, 2025 or upon completion by the Parties of their respective obligations under this Agreement, whichever occurs first, unless amended in writing or earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 Cooperation The Parties agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any disputes in an equitable and timely manner. ARTICLE 5 City’s Payment Obligation 5.1. Contribution Amount. The City shall reimburse the County Ten Thousand Four Hundred Seventy Dollars and 00/100 ($10,470.00), including a zero percent (0%) contingency for a total amount not to exceed Ten Thousand Four Hundred Seventy Dollars and 00/100 ($10,470.00) for actual construction costs incurred for the paving, reconstruction, and associated work of 450 feet of local trails that connect to the Vermillion River Greenway in Hastings. The areas of construction, widening, and reconstruction are depicted and highlighted in yellow in Exhibit 1. VIII-16 Dakota County Contract #DCA20885 3 5.2. Reimbursement by City. After this Agreement has been executed by both Parties, the County may claim reimbursement for costs in accordance with the Agreement. A. The City will reimburse the County within forty-five (45) calendar days of the County’s submission of invoices for actual construction costs to the City. Invoices must be submitted in the form acceptable to the County. All requests for reimbursement must be submitted by December 31, 2025. The County must certify that the requested reimbursements are accurate, appropriate and that such expenditures have not been otherwise reimbursed. If the invoice is incorrect, defective, or otherwise improper, the City will notify County within ten (10) calendar days of receiving the incorrect invoice. Upon receiving the corrected invoice from County, the City will make payment within forty-five (45) calendar days. B. Actual Construction Costs. Any net increase in actual construction costs exceeding $10,470.00 shall not affect or increase the City’s contribution amounts. The City’s contribution amounts shall not exceed the limits set forth herein, regardless of net increases in the estimated or actual costs of the trail reconstruction. C. Right to Refuse Payment. The City may refuse to pay any claim that is not specifically authorized by this Agreement. Payment of a claim shall not preclude the County from questioning the propriety of the claim. The City reserves the right to offset any overpayment or disallowance of claim by reducing future payments. D. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect the Project cost, scope or cost participation must be approved by the Authorized Representatives of both Parties prior to execution of work. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. ARTICLE 6 County’s Obligations 6.1. Construction. The County, or its agents or contractors, shall reconstruct, improve, and widen 4.25 miles of existing eight-foot-wide Trail segments to ten feet as part of the Greenway Project, and 450 feet of Local Trails. Exhibit 1 further identifies and describes the Greenway Project area and the Local Trail project area. Exhibit 2 further identifies the Local Trail project area and scope of work. The County will lead the reconstruction, utilizing a contractor and shall be responsible for awarding contracts for the construction of said Trail. The County will provide project design and management. Greenway Project bid, specifications, and completion shall be reviewed and approved by the County and City. 6.2. Acknowledgement. The County shall appropriately acknowledge the funding assistance provided by the City pursuant to this Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Project. The City shall appropriately acknowledge the assistance provided by the County pursuant to this VIII-16 Dakota County Contract #DCA20885 4 Agreement in any promotional materials, signage, reports, publications, notices and presentations concerning the Greenway Project. 6.3. Compliance with Laws/Standard. The County shall abide by all federal, state, or local laws, statutes, ordinances, rules and regulations related to the construction of the work anticipated by this Greenway Project. The County or contractor, if any, is responsible for obtaining and complying with all federal, state, or local permits, licenses, and authorizations necessary for performing the work. A. Assignment. Neither the City nor the County may assign nor transfer any rights, duties, interests, or obligations under this Agreement without the prior consent of the other party and a fully executed assignment agreement, executed by the County and the City. B. Use of Contractors. The County may engage contractors to perform activities funded pursuant to this Agreement. However, the County retains primary responsibility to the City for performance of the activities and the use of such contractors does not relieve the County from any of its obligations under this Agreement. If the County engages any contractors to perform any part of the Greenway Project, the County agrees that the contract for such services, labor, or materials shall include the following provisions: (a) The contractor must maintain all records and provide all reporting as required by this Agreement; (b) The contractor must defend, indemnify, and hold harmless the City from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused by any intentional or negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable; (c) The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached and incorporated as Exhibit 3, and provide to the County prior to commencement of the contracted work a certificate of insurance evidencing such insurance coverage; (d) The contractor must be an independent contractor for the purposes of completing the contracted work; (e) The contractor must acknowledge that the contract between the County and the contractor does not create any contractual relationship between City and the contractor, but that the City is a third-party beneficiary of the contract; VIII-16 Dakota County Contract #DCA20885 5 (f) The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. 6.4. Future Plating. If part of the Trail is located on property included in a plat map submitted for approval, including without limitation a submission for replatting or subdivision platting, the Trail shall be reflected and shown on the plat map. The County is responsible for fulfilling any condition precedent necessary to reflect or show the Trail on a plat map, including, without limitation, obtaining an easement. 6.5. County Responsibility for Project Delivery. The County will be responsible for management and inspection of the work of the Project assuring it is in accordance with State laws and meets approved construction standards. The City will have no actual or implied legal responsibility to the County relating to the above obligations and responsibilities of the Greenway Project. 6.6. Trail Maintenance. The City and County agree to enter into a separate supplemental maintenance agreement for trail maintenance, use, operations, repairs, replacement, reconstruction, removal, or installation of signage, markings, landscaping, drainage, utilities, sewer, water, improvements, alterations, or any other work as described above. ARTICLE 7 Transfer of Jurisdiction 7.1. Upon completion of the Project, the City and the County shall execute a separate Agreement addressing maintenance and operation of the Trail (“Supplemental Maintenance Agreement”). Exhibit 4 further identifies and describes the segments of the Trail that are subject to this Article 7. Execution of the Supplemental Maintenance Agreement is a condition precedent to the County accepting the Project and designating the Trail as a Regional Greenway Trail. A. Pursuant to the Supplemental Maintenance Agreement, the County shall assume jurisdiction, and shall thereafter have the power to maintain, use, operate, repair, replace, reconstruct, remove, and install signage, markings, landscaping, drainage, utilities, sewer, water, improvements, alterations, or any other work directly arising from operation of the Trail. The County may hire contractors or County staff, or use volunteers, or pay another government unit to perform, provide, or supply the labor, materials, work, services (professional or otherwise), or products necessary or advisable to exercise its powers over the Trail. B. Pursuant to the Supplemental Maintenance Agreement, the County shall have no responsibility for repairs, maintenance, use, operations, replacement, reconstruction, removal, or installation of signage, markings, landscaping, drainage, utilities, sewer, water, improvements, alterations, or any other work that does not arise from the ownership and operation of the Trail. This exception applies regardless of whether VIII-16 Dakota County Contract #DCA20885 6 work occurs within the Trail or whether there is an incidental benefit to the Trail or the area surrounding the Trail. 7.2. At County’s request, the City shall execute and obtain all documents or instruments that are necessary or advisable, as determined by the County, to convey the rights and permissions that will allow or facilitate the County to fulfill its obligations and responsibilities under the Supplemental Maintenance Agreement and exercise jurisdiction and control over the trail segments incorporated into the County’s Regional Trail System. These may include, without limitation, deeds, licenses, waivers, consents, joint power agreements, easements, assignments, agreements, transfers, or permits. At its own expense, City shall procure all deeds, licenses, waivers, consents, joint power agreements, easements, assignments, agreements, transfers, or permits, or other rights as required by the County. The City shall furnish copies of the above to the County upon request. ARTICLE 8 Indemnification and Insurance 8.1. Each party to this Agreement shall be solely liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and the City. Each Party warrants that they are able to comply with the aforementioned indemnity requirements through an insurance or self-insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual Parties. In order to insure a unified defense against any third-party liability claim arising from the work of the Project, County agrees to require all contractors or subcontractors hired to do any of the work contemplated by this Agreement to maintain commercial general liability insurance in amounts consistent with minimum limits of coverage established under Minn. Stat. § 466.04 during the term of such activity. All such insurance policies shall name City and County as additional insureds. City agrees to promptly provide County copies of any insurance policy related to this Agreement upon the County’s request. 8.2. Notwithstanding anything herein to the contrary, to the greatest extent allowed by law, the City shall indemnify and hold harmless the County, its officers, agents, and employees, from and against any actual or alleged loss, litigation cost (e.g., reasonable attorney fees and costs and expenses), costs, settlement, judgment, demands, damage, lien, debt, liability, injury, harm, fees, fines, penalties, interest, expenditure, diminution in value, or disbursement arising from, attributable to, sustained, or incurred by Dakota County, or its officers, agents, and employees, which is attributable to City’s, or City’s agents’, independent contractors’, employees’, or delegatees’ performance of or failure to perform the City’s obligations in Section 7.2 VIII-16 Dakota County Contract #DCA20885 7 A. Construction and Survivorship. The language in Section 8.2 shall be constructed and construed so as to give its natural and ordinary meaning and effect, regardless of any rule or law to the contrary. This indemnity provision survives expiration or termination of this Agreement. ARTICLE 9 Reporting, Accounting and Auditing Requirements 9.1. Accounting Records. The City and County agree to establish and maintain accurate and complete accounts, financial records and supporting documents relating to the receipt and expenditure of the funding provided in accordance with this Agreement. Such accounts and records shall be kept and maintained by the Parties for a minimum period of six (6) years following the expiration of this Agreement. The Parties agree to promptly provide copies of any accounting records related to this Agreement upon the request of the other party. 9.2. Auditing. The City and County shall maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the work performed pursuant to this Agreement. Upon request, the Parties shall allow the other party, Legislative Auditor or the State Auditor to inspect, audit, copy or abstract all of the books, records, papers or other documents relevant to this Agreement. The Parties shall use generally accepted accounting principles in the maintenance of such books and records, and shall retain all such books, records, documents and other evidence for a period of six (6) years from the date of the completion of the activities funded by this Agreement. 9.3. Data Practices. The Parties agree with respect to any data that it possesses regarding the Agreement to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Minnesota Statutes Chapter 13, as the same may be amended from time to time. 9.4. Authorized Representatives. The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representatives shall have only authority specifically granted by their respective governing boards. Notice required to be provided pursuant this Agreement shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification to this Agreement: TO THE COUNTY: Georg Fischer, or successor Physical Development Division Director 14955 Galaxie Avenue Apple Valley, MN 55124-8579 VIII-16 Dakota County Contract #DCA20885 8 Georg Fischer, or his successor, has the responsibility to monitor the City’s performance pursuant to this Agreement and the authority to approve invoices submitted for reimbursement. TO THE CITY: Dan Wietecha, or successor City Administrator 101 East 4th Street Hastings, MN 55033 In addition, notification to the County regarding termination of this Agreement by the other Party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. 9.5. Liaisons. To assist the Parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the County and the City. The Parties shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: County Liaison: Niki Geisler, Parks Director Telephone: (952) 891-7088 Email: Niki.Geisler@co.dakota.mn.us City Liaison: Chris Jenkins, Parks & Recreation Director Telephone: (651) 480-6176 Email: CJenkins@hastingsmn.gov 9.6. Changes to Designated Liaisons or Authorized Representatives. The Parties shall provide written notification to each other of any change to the designated liaison or authorized representative. Such written notification shall be effective to change the designated liaison or authorized representative under this Agreement, without necessitating an amendment of this Agreement. ARTICLE 10 Modifications Any alterations, amendments, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the Parties’ respective Boards, and signed by the Authorized Representatives of the County and the City. ARTICLE 11 Termination 11.1. In General. Either Party may terminate this Agreement for cause by giving seven (7) calendar days written notice of its intent to terminate to the other Party. Such Notice of Termination for cause shall specify the circumstances warranting termination of the VIII-16 Dakota County Contract #DCA20885 9 Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other Party. The non- performing party shall have fifteen (15) calendar days from the date of the Notice of Termination to cure or to submit a plan for cure that is acceptable to the other party. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the Effective Date of termination. 11.2. Termination by Dakota County for Lack Of Funding. Notwithstanding any provision of this Agreement to the contrary, County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source, or if funding cannot be continued at a level sufficient to allow payments due under this Agreement or any contract or work orders of Invoices submitted. Written notice of termination sent by County to the City by facsimile is sufficient notice under this section. County is not obligated to pay for any services that are provided after written notice of termination for lack of funding. County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. ARTICLE 12 Minnesota Law to Govern This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement or its breach shall be venued in Dakota County, Minnesota. ARTICLE 13 Merger 13.1. Final Agreement. This Agreement is the final expression of the agreement of the Parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 13.2. Exhibits 1 (including all attachments or addenda) through and including Exhibit 2 are attached hereto, and all terms, obligations and conditions in said Exhibits are incorporated herein and made a part of this Agreement. By signing this Agreement, the Parties affirm and acknowledge receipt of all the above referenced Exhibits (including all attachments or addenda). ARTICLE 14 Severability The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or VIII-16 Dakota County Contract #DCA20885 10 otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to either Party. ARTICLE 15 Waiver If either of the Parties fails to enforce any provision of this Agreement, that failure shall not result in a waiver of the right to enforce the same or another provision of this Agreement. ARTICLE 16 Relationship of the Parties Nothing contained in this Agreement is intended or should be construed as creating or establishing the relationship of co-partners or joint ventures between the County and the City, nor shall either of the Parties be considered or deemed to be an agent, representative or employee of the other party in the performance of this Agreement. Personnel of either of the Parties or other persons while engaging in the performance of this Agreement shall not be considered employees of the other party and shall not be entitled to any compensation, rights or benefits of any kind whatsoever. ARTICLE 17 Interpretation and Construction It is the intent of the Parties that every section (including any subsection thereto), clause, term, provision, condition, and all other language used in this Agreement shall be constructed and construed so as to give its natural and ordinary meaning and effect. ARTICLE 18 Survivorship The following provisions under this Agreement shall survive after the termination or expiration of this Agreement: Article 6.2 (Acknowledgement); Article 7 (Transfer of Jurisdiction); Article 8 (Indemnification and Insurance); Article 9 (Reporting, Accounting and Auditing); Article 12 (Minnesota Law to Govern); Article 14 (Severability); Article 17 (Interpretation and Construction); and Article 18 (Survivorship). [the remainder of this page has been intentionally left blank] VIII-16 Dakota County Contract #DCA20885 11 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. APPROVED AS TO FORM: DAKOTA COUNTY /s/ Joseph Marek 4/12/24 By Assistant County Attorney/Date Georg Fischer, Director KS-23-506 Physical Development Date of Signature: County Board Res. No. 23-406 VIII-16 Dakota County Contract #DCA20885 12 CITY OF HASTINGS By Mary Fasbender, Mayor Date of Signature: By Kelly Murtaugh, City Clerk Date of Signature: VIII-16 ®"Ç 55 ®"Ç316 £¤61 £¤61 IJ42 IJ46 AS H S T BA S S S T ED D Y S T LE A S T C L A Y S T RI V E R S T VI S T A C T ST A T E S T F A R M S T 35THST W LAKE W A Y 23RD S T W 15TH ST W 3RD ST W 4TH ST W 5TH ST W 17TH ST W 6TH ST W 7TH ST W 2ND ST W 10TH ST W 17TH ST E ME G G A N DR 24TH S T W GRETEN LN 11TH ST W RI D G E L N MA N O R L N PI N E S T FO R E S T S T 25TH S T W SI B L E Y S T HA YESD R AM E L I A A V E 1 4 T H ST W LY N W A Y C ARI PARK L N 10TH ST E WA L N U T S T SPIRAL BLVD AS H L A N D S T VER M I L LIO N ST LO U I S L N TY L E R S T RA M S E Y S T 4THST E B A H L SDR C OR Y L N MA P L E S T HIGHWAY 55 B O H LKE N DR 33RD ST W S O U T HPAR K D R 31ST ST E MA L C O L M A V E OA K S T 3 1 STST W SOUTHVIE W D R COMMERCE DR NI N I N G E R R D 21ST ST E LOC K A N D DAM R D 1 8TH S T E RAVENNA T R L ¨©54 ®"Ç316 ®"Ç55 £¤61 IJ46 IJ47 IJ42 ¨©54 ¨©91 HASTINGS Greenway Project Area 0 0.5 10.25 Miles Copyright 2023, Dakota CountyThis drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records,information, and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for referencepurposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact this office. Exhibit 1 Local Trails Project Area VIII-16 VIII-16 VIII-16 VIII-16 VIII-16 VIII-16 VIII-16 ®"Ç 55 ®"Ç316 £¤61 £¤61 IJ42 IJ46 AS H S T BA S S S T ED D Y S T LE A S T C L A Y S T RI V E R S T VI S T A C T ST A T E S T F A R M S T 35THST W LAKE W A Y 23RD S T W 15TH ST W 3RD ST W 4TH ST W 5TH ST W 17TH ST W 6TH ST W 7TH ST W 2ND ST W 10TH ST W 17TH ST E ME G G A N DR 24TH S T W GRETEN LN 11TH ST W RI D G E L N MA N O R L N PI N E S T FO R E S T S T 25TH S T W SI B L E Y S T HA YESD R AM E L I A A V E 1 4 T H ST W LY N W A Y C ARI PARK L N 10TH ST E WA L N U T S T SPIRAL BLVD AS H L A N D S T VER M I L LIO N ST LO U I S L N TY L E R S T RA M S E Y S T 4THST E B A H L SDR C OR Y L N MA P L E S T HIGHWAY 55 B O H LKE N DR 33RD ST W S O U T HPAR K D R 31ST ST E MA L C O L M A V E OA K S T 3 1 STST W SOUTHVIE W D R COMMERCE DR NI N I N G E R R D 21ST ST E LOC K A N D DAM R D 1 8TH S T E RAVENNA T R L ¨©54 ®"Ç316 ®"Ç55 £¤61 IJ46 IJ47 IJ42 ¨©54 ¨©91 HASTINGS Maintenance Agreement 0 0.5 10.25 Miles Copyright 2023, Dakota CountyThis drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records,information, and data located in various city, county, and state offices and other sources, affecting the area shown, and is to be used for referencepurposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact this office. Exhibit 4VIII-16 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 20, 2024 Item: Citizen-Assisted Lake Monitoring Program Agreement – CAMP Council Action Requested: Approve CAMP Agreement for 2024 Background Information: The City has participated in this lake water quality monitoring program for a number of years now to continually gather water quality data for Lake Rebecca. This is an ongoing, annual process that will help to inform current and future mitigation efforts to help improve the water quality at Lake Rebecca. Hastings Environmental Protectors (HEP) volunteers lead the effort each year and dedicate many hours collecting and cataloging the water samples taken for evaluation. HEP volunteers are the only reason we can participate in this important data collection effort. Financial Impact: The program costs $760.00 for the 2024 season, with a few extra dollars being needed to re-stock the testing kit. This cost has been within the Parks budget for a number of years, and is accounted for in 2024. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: ▪ Agreement VIII-17 Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer April 1, 2024 Chris Jenkins City of Hastings 920 West 10th Street Hastings, MN 55033 CJenkins@hastingsmn.gov Re: CAMP Agreement – City of Hastings Metropolitan Council Contract Number 24R005I Contract Transmittal Dear Chris, Attached to the transmitting e-mail, please find a PDF copy of Contract 24R005I for Citizen Assisted Lake Monitoring Program (CAMP) for the City of Hastings. Please obtain the necessary signatures and return the agreement via email to Christine.hedman@metc.state.mn. Upon receipt of the Adobe Signed contract, Metropolitan Council will execute the contract and return a copy to you along with the Notice to Proceed letter. If you have any questions or concerns, please contact Brian Johnson, Principal Environmental Scientist, Water Resources, at Brian.Johnson@metc.state.mn.us and 651-602-8743. Sincerely, Christy Hedman Program Technical Specialist, Procurement cc: Brian Johnson, Project Manager Christine Hedman (Apr 1, 2024 15:36 CDT) VIII-17 Metropolitan Council Contract No. 24R005I INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF HASTINGS THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Hastings (the "City"), each acting by and through its duly authorized officers. THE ABOVE-NAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT The Council and the City agree to undertake a volunteer lake monitoring study in order to provide an economical method of broadening the water quality database on lakes in the Twin Cities Metropolitan Area. II. SPECIFIC SCOPE OF SERVICES 2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a volunteer lake monitoring program as specified below: a. General Purposes of Program. The volunteer lake monitoring program involves the use of citizen-scientist volunteers to monitor lakes in the Twin Cities Metropolitan Area. The volunteers will collect surface water samples which will be analyzed for total phosphorus (TP), total Kjeldahl nitrogen (TKN), and chlorophyll-a (CLA). In addition, the volunteers will measure surface water temperature, water transparency, and fill out a monitoring form that describes the lake and weather conditions at the time of the monitoring event. Lakes will be visited from April through October of 2024 (the “Monitoring Period”) for the number of times and at the approximate intervals specified in paragraph (b) below. Each lake will be sampled at the location as indicated on the site location map provided by the Council. The Council will arrange for chemical analysis of the samples either through its own laboratory or an outside laboratory. b. Specific Lakes Involved. The following lakes and specific lake site(s) listed below will be involved in the Council’s Citizen-Assisted Lake Monitoring Program (CAMP) in 2024. VIII-17 Metropolitan Council Contract No. 24R005I 2 Lake name DNR ID# Number of monitoring events Approximate monitoring interval Quantity of new kits Rebecca 19-0003 8 to 14 Biweekly 0 2.02 City Responsibilities. The City agrees that it will have sole responsibility for: a. Recruiting volunteers (who have access to a boat) to monitor the lakes the City wishes to involve in the program as listed in section 2.01(b) above. b. Providing the Council and/or volunteers with needed lake information such as lake bathymetric maps and access locations. c. Paying for the laboratory analysis cost of the samples collected by volunteers which cost is included in the amounts specified in Article III below. d. Ensuring that the volunteers participate in the training program and follow CAMP methods and procedures. e. Ensuring that the volunteers fill out a monitoring form during each monitoring event. f. Picking up the samples and the lake monitoring forms from their volunteers and delivering those items to the City’s central storage location. The City will be responsible for providing the central storage location. The central storage location can be a Council facility, but the City will be required to deliver the samples and monitoring forms to this facility. The samples are required always to be frozen. g. Storing its volunteers’ samples until picked up by Council staff. The samples are required always to be frozen. h. Maintaining, storing, and restocking its monitoring kits. i. Delivering and picking up its monitoring kits to and from their volunteers. VIII-17 Metropolitan Council Contract No. 24R005I 3 2.03 Council Responsibilities. The Council agrees that it will: a. Organize the survey. b. Provide training for the volunteers. c. Pick up the samples and lake monitoring forms from the City’s central storage location and deliver them to the laboratory at approximately 2- month intervals starting in June. d. Review the results of the monitoring data. e. Prepare a final report containing the physical, chemical, and biological data obtained during the Monitoring Period and a brief analysis of the data. f. Provide quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values will then be compared to the volunteers’ results to determine if any problems exist involving the volunteer's monitoring activities and what should be done to correct the problem. g. Provide and deliver to the City the expendable monitoring items (e.g. sample containers, labels, filters, aluminum sheets, zip-style plastic bags, and lake monitoring forms). The expendable monitoring items will be delivered in the weeks preceding the start of the monitoring season. The cost of the expendable monitoring items is included in the annual participation fee. III. COMPENSATION; METHOD OF PAYMENT 3.01 Payment to Council. For all labor performed and reimbursable expenses incurred by the Council under this agreement during the Monitoring Period, the City agrees to pay the Council the following amounts per lake site listed in section 2.01(b). The participation fee will be billed based on the quantity of monitoring events actually monitored or sampled. Number of Monitoring events Participation Fee (excludes monitoring equipment) 8 to 14 $760 1 to 7 $380 0 $0 For lake sites requiring monitoring equipment, the cost for a kit of monitoring equipment is $225 per kit. 3.02 Payment Schedule. Payment of the total amount owing to the Council by the City shall be made within 30 days of the date of the invoice. An invoice specifying the amount owed by the City will be sent under separate cover after the end of the monitoring period. VIII-17 Metropolitan Council Contract No. 24R005I 4 3.03 Additional Analyses. The total amount specified in paragraph 3.01 does not include the cost of any additional analyses requested by the City, such as analysis of bottom samples. The Council will carry out any such additional analyses at the request of the City and subject to the availability of Council resources for carrying out such analyses. The Council will bill the City after the end of the Monitoring Period for any such additional analyses at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. The costs for additional analyses are provided in Exhibit A. 3.04 Replacement of Durable Equipment. The total amount specified in paragraph 3.01 does not include the cost of replacing durable monitoring equipment, such as thermometers, Secchi disks, filter holders, hand pumps, graduated cylinders, sampling jugs, forceps, and tote boxes. The Council will provide and deliver durable monitoring equipment that needs replacement upon request from the City. The Council will bill the City for any such replaced durable monitoring equipment at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. IV. GENERAL CONDITIONS 4.01 Period of Performance. The services of the Council will commence on April 1, 2024, and will terminate on March 31, 2025, or following work completion and payment, whichever occurs first. 4.02 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes will be effective only on the execution of written amendment(s) signed by duly authorized officers of the parties to this agreement. 4.03 City Personnel. Chris Jenkins, or such other person as may be designated in writing by the City, will serve as the City’s representative and will assume primary responsibility for coordinating all services with the Council. Chris Jenkins City of Hastings 920 West 10th Street Hastings, MN 55033 651-480-6176 4.04 Council's Contract Manager. The Council's Contract Manager for purposes of administration of this agreement is Brian Johnson, or successor, or such other person as may be designated in writing by the Council. The Council’s Contract Manager will be responsible for coordinating services under this agreement. However, nothing in this agreement will be deemed to authorize the Contract Manager to execute amendments to this agreement on behalf of the Council. VIII-17 Metropolitan Council Contract No. 24R005I 5 Brian Johnson, or successor Metropolitan Council 2400 Childs Road St. Paul, MN 55106 651-602-8743 4.05 Equal Employment Opportunity; Affirmative Action. The Council and the City agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Council and the City agree not to discriminate against any employee, applicant for employment, or participant in this study because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; and further agree to take action to assure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 4.06 Liability. Each party to this agreement shall be liable for the acts and omissions of itself and its officers, employees, and agents, to the extent authorized by law. Neither party shall be liable for the acts or omissions of the other party or the other party’s officers, employees or agents. Nothing in this agreement shall be deemed to be a waiver by either party of any applicable immunities or limits of liability including, without limitation, Minnesota Statutes, chapter 466 (Municipal Tort Claims). 4.07 Copyright. No reports or documents produced in whole or in part under this agreement will be the subject of an application for copyright by or on behalf of the Council or City. 4.08 Termination of Agreement. The Council and the City will both have the right to terminate this agreement at any time and for any reason by submitting written notice of the intention to do so to the other party at least 30-calendar days prior to the specified effective date of such termination. In the event of such termination, the Council shall retain a pro-rata portion of the amounts provided for in Article III, based on the number of monitoring events occurring for each lake before termination versus the total monitoring events specified for each lake. The balance of the amounts will be refunded by the Council to the City. 4.09 Force Majeure. The Council and the City agree that the City shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of Council and the City. 4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5, the parties agree that the books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by either party and the state auditor or legislative auditor, as appropriate, for at least six years from the end of this agreement. 4.11 Relationship of Parties and their Employees. Nothing contained in this agreement is intended, or should be construed, to create the relationship of co-partners or a joint venture VIII-17 Metropolitan Council Contract No. 24R005I 6 between the Council and the City. No tenure or any employment rights including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, retirement, or other benefits available to the employees of one of the parties, including indemnification for third party personal injury/property damage claims, shall accrue to employees of the other party solely by the fact that an employee performs services under this agreement. 4.12 Severability. If any part of this agreement is rendered void, invalid or unenforceable such rendering shall not affect the remainder of this agreement unless it shall substantially impair the value of the entire agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF HASTINGS METROPOLITAN COUNCIL By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ By: ________________________________ Name: ______________________________ Its: Water Resources Assistant Manager Date: _______________________________ By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ VIII-17 Metropolitan Council Contract No. 24R005I 7 EXHIBIT A Metropolitan Council Environmental Services Laboratory Prices for Additional Analyses Parameter Laboratory Code Price (per sample) Phosphorus, low level LLTP-AV $15.50 Total Kjeldahl Nitrogen TKN-AV $15.50 Chlorophyll CLA-TR-CS CLA-CAMP $15.50 Chloride CL-AV2 $10.00 Ortho-phosphorus ORTHO-AV $12.00 Hardness Ca, Mg, + Hardness via calculation HARD-AV HARD-OESV $12.00 $16.00 Alkalinity ALK-AV2 $15.50 Sulfate SO4-ICV $15.00 Metals (Cd, Cr, Cu, Pb, Ni, Zn) MET-MSV2 $48 Minerals Suite (Ca, K, Mg, Na) + Hardness via calc MIN-MSV2 $32 Individual minerals (e.g. Fe) Individual metals XX-MSV2 XX-MSV2 $8.00 (per element) A parameter not on this list Contact the Council’s Contract Manager for specific pricing. VIII-17 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Chris Jenkins, Parks & Recreation Director Date: May 20, 2024 Item: Arena Change Order Council Action Requested: Approve Change Order #3 for the Arena Refrigeration Project. Background Information: During a portion of the demolition of the mechanical rooms, ground penetrating radar (gpr) was used to identify layout and depth of existing electrical conduits in the concrete floor slab. This procedure could not have been done prior with all of the refrigeration equipment in place, so was completed, as planned, after equipment removal. It was discovered that many of the conduits were within the concrete slabs and not in the sub-grade as expected. This situation required much additional and more delicate work to expose those conduits so they could be preserved. Along with the electrical conduit was a need to install a floor drain, required by building code, which again had to be carefully routed around all of the shallow electrical conduit. This work has already been performed, this change order authorizes the expense to be added to the contract and staff to pay the contractors. Financial Impact: The extra expense is $20,018.00. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Change Order #3 VIII-18 Change Order Client: City of Hastings Change Order No: 3 Project: Hastings Civic Arena Renovation 5/13/24 The Contract is Changed as Follows: Original Contract Value:$217,391.00 Net Prior Change Orders:$5,019,483.89 Contract Value Prior to this Change Order:$5,236,874.89 This Change Order Add (Deduct):$20,018.00 New Contract Value after Change Order:$5,256,892.89 Contract Time will be increased by zero (0) days. The Date of Substantial Completions changes as follows: NOT VALID UNTIL SIGNED BY THE CONSTRUCTION MANAGER, CONTRACTOR AND OWNER Owner By (Signature) By (Typed) Date Mark Rasmussen By (Typed) Date During demolition of the refrigeration plant, it was discovered that the concrete floor had numerous couduits running under the concrete, through the concrete, and through equipment pads. This was an unforeseen situation that wasn't apparent until Ground Penetrating Radar (GPR) was used to find the extent of the conduits. Multiple trades experienced increased costs. They are listed below: 1) Conduit penetrates a wall and goes straight down into the floor. This wall penetration was hidden behind an existing tank and was not visible prior to removal of the tank. Saw cutter was required to chip concrete around floor penetration so electrical contractor could reroute conduit. If left as-is, this will be a code violation so it must be corrected. 2) The abundance of conduits will require the saw cutter to do more chipping and less cutting - resulting in increased labor. Also, a longer than planned trench will need to be cut and repoured to avoid many of the underground conduits. 3) The plumber needed to reroute his drain tie-in to a cleanout located outside the mechanical room. This was a longer piping run than was designed because historical plans were not accurate. Abundance of buried conduits required the path to run underneath a wall vs through a doorway. 4) The Ground Penetrating Radar contractor was required to make multiple extra trips to mark all of the conduits, and to coordinate with saw cutter, electrical, mechanical and plumbing contractors. When drain lines were not sized as print stated, a new path had to be found for a new drain tie in. 5) When rerouting gas line, a gas flange on the main line was found to have a leak. Apex paid for reroute. Added charge is only for replacement of the piece that had leak, and added fitter labor. 5) Increased Apex trips / labor for contractor coordination and onsite meetings, creation / processing of change orders to subs. Apex Facility Solutions, SBC Construction Manager By (Signature) 13055 Riverdale Drive NW, Suite 500-211, Coon Rapids, MN 55304 www.apex-co.us VIII-18 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 20, 2024 Item: Special Use Permit – Cannabis Retail Sales – Vipul Patel (Jakes Liquors) – 1608 Vermillion Street Council Action Requested: Adopt the attached resolution granting a Special Use Permit (SUP) for cannabis retail sales for Vipul Patel (Jakes Liquors) on property owned by KDK Ventures – Hastings LLC located at 1608 Vermillion Street. A separate cannabis licensing permit is scheduled for consideration under the Administration section of the City Council Agenda. SUP approval requires six of seven Councilmembers. Advisory Commission Review: The Planning Commission voted 6-0 to recommend approval of the request as presented at the May 13, 2024 meeting. No one spoke for or against the item during the public hearing. Attachments: • Resolution – SUP • Planning Commission Staff Report – May 13, 2024 X-C-01 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS PRODUCTS AT 1608 VERMILLION STREET FOR VIPUL PATEL (JAKES LIQUORS) Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Vipul Patel has applied for a Special Use Permit for the retail sales of cannabis products at Jakes Liquors. The property is owned by KDK Ventures – Hastings LLC and generally located at 1608 Vermillion Street and legally described as The east 120 feet of the south 27 feet 7 inches of Lot 10, Block 7, and the east 120 feet of lots 11 and 12, Block 7, and the east 120 feet of the north 30 feet of Lot 13, Block 7 all in LEDUCS W G ADDITION, Dakota County, Minnesota; and WHEREAS, on May 13, 2024 the Hastings Planning Commission held a public hearing and recommended approval of the action as presented; and WHEREAS, the City Council 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 action as presented to the City Council subject to the following conditions: 1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office. 2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter 155.07, Subd. J – Cannabis Businesses. 3) Approval is subject to a one-year Sunset Clause; if operation does not commence within one year of City Council approval, the approval is null and void. X-C-01 4) The Special Use Permit shall be limited to the leasable space currently occupied by Jakes Liquors and shall not be valid for remaining portions of the property. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. Adopted by the Hastings City Council on May 20, 2024, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk X-C-01 STATE OF MINNESOTA ) City of Hastings ) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the Resolution with the original on file in my office and the same is a full, true and complete copy thereof. WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this ____ day of , 20 . Kelly Murtaugh, City Clerk SEAL STICKER X-C-01 Planning Commission Memorandum To: Planning Commission From: John Hinzman, Community Development Director Date: May 13, 2024 Item: Public Hearing – Special Use Permit (SUP) – Cannabis Retail Sales – Vipul Patel (Jakes Liquors) - 1608 Vermillion Street REQUEST The Planning Commission is asked to take the following actions related to the Special Use Permit (SUP) application of Vipul Patel to conduct cannabis retail sales at Jakes Liquors located at 1608 Vermillion Street on property owned by KDK Ventures Hastings LLC: 1) Hold a public hearing. 2) Review the SUP application and provide a recommendation to City Council. BACKGROUND INFORMATION Cannabis Business Regulations In November 2023, the City adopted Chapter 155.07, Subd. J of the Zoning Code to allow for Cannabis Businesses. The ordinance outlines performance standards and prohibited acts pertaining to cannabis. Cannabis sales were added as a Special Use permit in the C-3 Community Regional Commerce and C-4 Regional Shopping Center Districts. The City also adopted licensing requirements under City Code Chapter 117 that are similar to those adopted in the zoning code. Cannabis Business License An application for a cannabis business license has been submitted along with the SUP application and will be considered by the City Council in conjunction with action on the SUP. Notification and Public Hearing Notification of the request was mailed to all property owners within 350 feet. Staff has not received any comments at this time. Comprehensive Plan Classification The 2040 Comprehensive Plan designates the property as Commercial. The proposed use is consistent with the plan. X-C-01 Zoning Classification The property is C-3 – Community Regional Commerce. The C-3 District allows for cannabis retailers as a special use. Adjacent Zoning and Land Use Direction Property Use Zoning Comp Plan North Hastings Inn C-3 Commercial East Vermillion Street - LeDuc Estate PI Institutional South Spin City Laundry C-3 Commercial West Kwik Trip C-3 Commercial Existing Condition Jakes Liquors has been in operation for a number of years. They do not have a tobacco license and staff is not aware of any compliancy issues. SPECIAL USE PERMIT REVIEW Background Hastings City Code Chapter 155.30, Subd. C.10 – allows cannabis retailers and edible retailers as a “special use” within the C-3 Zoning District, subject to the requirements of 155.07, Subd. J as follows: 2. Performance Standards. 1. A cannabis business shall only operate in an authorized zoning district with approved State and local license or registration. 2. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. 3. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer's date of birth. 4. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. 5. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10:00 p.m. or before 8:00 a.m. 6. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer's X-C-01 employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer's employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either store behind a counter or other area not freely accessible to customers, or in a storage unit or case not open and accessible to the general public. 7. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security, fencing, lighting, window coverings, door placement, and landscaping. 8. Compliance Checks and Inspections All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 3. Prohibited Acts. a. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). b. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. c. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. d. It shall be unlawful for any person under the age of twenty-one (21) attempt to disguise the person's true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. e. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC f. No edible cannabis product can contain an amount of THC that exceeds the per serving or per packaging requirements in Minnesota State law. g. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. h. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. X-C-01 i. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. j. No sampling or free donation or distributions of intoxicating cannabis products is allowed. k. No sales of intoxicating cannabis products may be completed through self-check- out. The retailer or retailer's employee must process each transaction at a point of sale. Analysis • Cannabis sales are allowed as a special use within C-3 zoning district. Operational license to be considered by City Council. • The above are also part of the annual licensing requirements. The Hastings Police Department has approved the security plan for the facility and the business is subject to periodic review by the Hastings Police Department. Special Use Permit Requirements Special Use Permit review is outlined in Chapter 30.02, Subd. E.2.b.5 of the City Code and subject to adherence to the following (staff analysis appears in red) 1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenient traffic flow and control, and access in case of fire or catastrophe; Ingress and egress to the property will be unchanged. The sale of cannabis products on site will not require changes to ingress and egress. 2. Off-street parking and loading areas where required, with particular attention to division (E)(2)(b)5.a. above, and the economic, noise, glare, or odor effects of the special use on adjoining properties and properties generally in the district; Parking and loading is adequate, and the proposed use will not require changes. The property is surrounded by other commercial uses. 3. Refuse and service areas, with particular reference to items divisions (E)(2)(b)5.a. and (E)(2)(b)5.b. above; The sale of cannabis products will not increase the need for refuse areas. 4. Utilities, with reference to locations, availability, and compatibility; Utility service is adequate and will not change with cannabis sales. 5. Screening and buffering with reference to type, dimensions, and character; Screening and buffering is adequate and will not change with cannabis sales. 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Staff is not aware of any changes to signage. 7. Required yards and other open space; Yards and open space are unchanged. 8. General compatibility with adjacent properties and other properties in the district. Property abuts commercially zoned property. Recommendation Approval of the Special Use Permit is recommended subject to the following requirements: X-C-01 1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office. 2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter 155.07, Subd. J – Cannabis Businesses. Attachments • Location Map • Site Picture • Application X-C-01 LOCATION MAP X-C-01 SITE PICTURES Looking south along Vermillion Stret Looking north along Vermillion Street X-C-01 X-C-01 X-C-01 X-C-01 City Council Memorandum To: Mayor Fasbender and City Council From: John Hinzman, Community Development Director Date: May 20, 2024 Item: Special Use Permit – Cannabis Retail Sales – Judith Kulla (Caring Hands Massage) – 427 Vermillion Street Council Action Requested: Adopt the attached resolution granting a Special Use Permit (SUP) for cannabis retail sales for Judith Kulla (Caring Hands Massage) on property located at 427 Vermillion Street. A separate cannabis licensing permit is scheduled for consideration under the Administration section of the City Council Agenda. SUP approval requires six of seven Councilmembers. Advisory Commission Review: The Planning Commission voted 6-0 to recommend approval of the request as presented at the May 13, 2024 meeting. No one spoke for or against the item during the public hearing. Attachments: • Resolution – SUP • Planning Commission Staff Report – May 13, 2024 X-C-02 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A SPECIAL USE PERMIT FOR THE RETAIL SALE OF CANNABIS PRODUCTS AT 427 VERMILLION STREET FOR JUDITH KULLA (CARING HANDS MASSAGE) Councilmember ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Judith Kulla has applied for a Special Use Permit for the retail sales of cannabis products at Caring Hands Massage. The property generally located at 427 Vermillion Street and legally described as the south 86 feet of Lots 5 and 6 and the south half of the west 10 feet of Lot 7, all in Block 29, TOWN OF HASTINGS, Dakota County, Minnesota; and WHEREAS, on May 13, 2024 the Hastings Planning Commission held a public hearing and recommended approval of the action as presented; and WHEREAS, the City Council 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 action as presented to the City Council subject to the following conditions: 1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office. 2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter 155.07, Subd. J – Cannabis Businesses. 3) Approval is subject to a one-year Sunset Clause; if operation does not commence within one year of City Council approval, the approval is null and void. Council member ______________________ moved a second to this resolution and upon being put to a vote adopted by those present. X-C-02 Adopted by the Hastings City Council on May 20, 2024, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh, City Clerk X-C-02 STATE OF MINNESOTA ) City of Hastings ) ss. COUNTY OF DAKOTA ) I, the undersigned, being the duly qualified and acting City Clerk of the City of Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached copy of the Resolution with the original on file in my office and the same is a full, true and complete copy thereof. WITNESS, my hand as such City Clerk and the corporate seal of the City of Hastings this ____ day of , 20 . Kelly Murtaugh, City Clerk SEAL STICKER X-C-02 Planning Commission Memorandum To: Planning Commission From: John Hinzman, Community Development Director Date: May 13, 2024 Item: Public Hearing – Special Use Permit (SUP) – Cannabis Retail Sales – Judith Kulla (Caring Hands Massage) - 427 Vermillion Street REQUEST The Planning Commission is asked to take the following actions related to the Special Use Permit (SUP) application of Judith Kulla to conduct cannabis retail sales at Caring Hands Massage located at 427 Vermillion Street: 1) Hold a public hearing. 2) Review the SUP application and provide a recommendation to City Council. BACKGROUND INFORMATION Cannabis Business Regulations In November 2023, the City adopted Chapter 155.07, Subd. J of the Zoning Code to allow for Cannabis Businesses. The ordinance outlines performance standards and prohibited acts pertaining to cannabis. Cannabis sales were added as a Special Use permit in the C-3 Community Regional Commerce and C-4 Regional Shopping Center Districts. The City also adopted licensing requirements under City Code Chapter 117 that are similar to those adopted in the zoning code. Cannabis Business License An application for a cannabis business license has been submitted along with the SUP application and will be considered by the City Council in conjunction with action on the SUP. Notification and Public Hearing Notification of the request was mailed to all property owners within 350 feet. Staff has not received any comments at this time. Comprehensive Plan Classification The 2040 Comprehensive Plan designates the property as Mixed Use. The proposed use is consistent with the plan. X-C-02 Zoning Classification The property is C-3 – Community Regional Commerce. The C-3 District allows for cannabis retailers as a special use. Adjacent Zoning and Land Use Direction Property Use Zoning Comp Plan North Century Link C-3 Mixed Use East Single Family Home C-3 Mixed Use South 5th Street - Pure Fish Works C-3 Commercial West Vermillion Street - Spiral Pizza - Dicks Barber Shop C-3 Commercial Existing Condition Caring Hands Massage has been in operation for a number of years. They do not have a tobacco license and staff is not aware of any compliancy issues. SPECIAL USE PERMIT REVIEW Background Hastings City Code Chapter 155.30, Subd. C.10 – allows cannabis retailers and edible retailers as a “special use” within the C-3 Zoning District, subject to the requirements of 155.07, Subd. J as follows: 2. Performance Standards. 1. A cannabis business shall only operate in an authorized zoning district with approved State and local license or registration. 2. Any person selling or distributing cannabis products shall require proof of age by means of government issued photographic identification from the prospective purchaser showing purchaser is twenty-one (21) years old or older. 3. Signage identifying the legal sales age and the age verification requirement shall be posted at the point of sale. The required signage shall be posted in a manner so that it is clearly visible to anyone who is considering or making a purchase. The sign shall provide notice that all persons responsible for selling these products must verify the age of any person under thirty (30) years of age, by means of photographic identification required in this section, containing the bearer's date of birth. 4. Cannabis products must comply with the testing, labeling and packaging requirements in Minnesota State law. 5. No sales or distribution of intoxicating cannabis products shall be allowed at the licensed premises after 10:00 p.m. or before 8:00 a.m. X-C-02 6. It shall be unlawful for a retailer to allow the sale of intoxicating cannabis products or cannabis related devices by any means whereby a customer has access to such items without having to request the item from the retailer or the retailer's employee. There shall be a physical exchange of the intoxicating cannabis product or cannabis-related devices between the retailer or the retailer's employee and the customer. All intoxicating cannabis products and cannabis-related devices shall be either store behind a counter or other area not freely accessible to customers, or in a storage unit or case not open and accessible to the general public. 7. All retail establishments of intoxicating cannabis products shall have a security plan approved by the Police Chief stating how the facility will address public health, welfare and safety concerns including, but not limited to security, fencing, lighting, window coverings, door placement, and landscaping. 8. Compliance Checks and Inspections All licensed premises must be open to inspection by the local law enforcement or other authorized City officials during regular business hours. From time to time, but at least once per year, the City will conduct compliance checks on Retailers and Edible Retailers of intoxicating cannabis products by engaging persons between the ages of seventeen (17) and twenty-one (21) years, to enter the licensed premises to attempt to purchase intoxicating cannabis products. Persons used for compliance checks are not guilty of the unlawful purchase or attempted purchase, nor the unlawful possession of intoxicating cannabis products when the items are obtained or attempted to be obtained as a part of the compliance check. No person used in compliance checks may attempt to use a false identification misrepresenting the person's age, and all persons lawfully engaged in a compliance check may answer all questions about the person's age asked by the retailer or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section prohibits compliance checks authorized by State or Federal laws for educational, research or training purposes, or required for the enforcement of a particular State or Federal law. 3. Prohibited Acts. a. It shall be unlawful for any person to sell, purchase, obtain or otherwise provide any intoxicating cannabis product to any person under the age of twenty-one (21). b. It shall be unlawful for any person under the age of twenty-one (21) to possess any intoxicating cannabis product. This chapter shall not apply to persons under the age of 21 lawfully involved in a compliance check. c. It shall be unlawful for any person under the age of twenty-one (21) to use or consume any intoxicating cannabis product, unless it is legally authorized medical cannabis. d. It shall be unlawful for any person under the age of twenty-one (21) attempt to disguise the person's true age by the use of a false form of identification, whether the identification is that of another person or one in which the age of the person has been modified or tampered with, to represent an age older than the actual age of the person, in order to purchase any intoxicating cannabis product. e. No adult-use cannabinoid or cannabis product may contain more than 0.3% of THC f. No edible cannabis product can contain an amount of THC that exceeds the per serving or per packaging requirements in Minnesota State law. X-C-02 g. No intoxicating cannabis product may be sold to an obviously intoxicated person or a person under the influence of a controlled substance. h. No one under the age of twenty-one (21) shall sell intoxicating cannabis products. i. Intoxicating cannabis products cannot be sold in vending machines, by transient merchants, peddlers, at a movable place of business, through a drive-through window, at special events, home occupations, by internet sales or delivery service. j. No sampling or free donation or distributions of intoxicating cannabis products is allowed. k. No sales of intoxicating cannabis products may be completed through self-check- out. The retailer or retailer's employee must process each transaction at a point of sale. Analysis • Cannabis sales are allowed as a special use within C-3 zoning district. Operational license to be considered by City Council. • The above are also part of the annual licensing requirements. The Hastings Police Department has approved the security plan for the facility and the business is subject to periodic review by the Hastings Police Department. Special Use Permit Requirements Special Use Permit review is outlined in Chapter 30.02, Subd. E.2.b.5 of the City Code and subject to adherence to the following (staff analysis appears in red) 1. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenient traffic flow and control, and access in case of fire or catastrophe; Ingress and egress to the property will be unchanged and is served by a private entrance to both Vermillion and 5th Streets. The sale of cannabis products on site will not require changes to ingress and egress. 2. Off-street parking and loading areas where required, with particular attention to division (E)(2)(b)5.a. above, and the economic, noise, glare, or odor effects of the special use on adjoining properties and properties generally in the district; Parking and loading is adequate, and the proposed use will not require changes. The property is surrounded by other commercial uses. 3. Refuse and service areas, with particular reference to items divisions (E)(2)(b)5.a. and (E)(2)(b)5.b. above; The sale of cannabis products will not increase the need for refuse areas. 4. Utilities, with reference to locations, availability, and compatibility; Utility service is adequate and will not change with cannabis sales. 5. Screening and buffering with reference to type, dimensions, and character; Screening and buffering is adequate and will not change with cannabis sales. 6. Signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district; Staff is not aware of any changes to signage. 7. Required yards and other open space; Yards and open space are unchanged. 8. General compatibility with adjacent properties and other properties in the district. Property abuts commercially zoned property on all sides. X-C-02 Recommendation Approval of the Special Use Permit is recommended subject to the following requirements: 1) Maintaining a Cannabis Products Retail License from the Hastings City Clerk’s Office. 2) Adherence to Hastings City Code Chapter 117 – Cannabis Businesses and Chapter 155.07, Subd. J – Cannabis Businesses. Attachments • Location Map • Site Picture • Application X-C-02 LOCATION MAP X-C-02 SITE PICTURES Looking northeast from 5th and Vermillion Streets Looking east from Vermillion Street X-C-02 X-C-02 X-C-02 City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Emily King, Deputy City Clerk Date: May 20, 2024 Item: Approve New Cannabis Product Retail License for Caring Hands Massage, 427 Vermillion Street Council Action Requested: Approve the attached resolution approving a new Cannabis Product Retail License for Caring Hands Massage, 427 Vermillion Street. Background Information: The City has received and reviewed an application for a new Cannabis Product Retail License for Caring Hands Massage, 427 Vermillion Street. Currently, this license allows for the sale of adult-use cannabinoid or cannabis products containing 0.3% or less of THC. Approval and issuance of the license are contingent upon the submittal of all required documents, fees, successful completion of a criminal history background investigation by the Hastings Police Department, and a security plan approved by the Police Chief. Financial Impact: The associated fees have been paid. Advisory Commission Discussion: N/A Council Committee Discussion: N/A Attachments: • Resolution X-E-01 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION __________ APPROVING A NEW CANNABIS PRODUCT RETAIL LICENSE FOR CARING HANDS MASSAGE, 427 VERMILLION STREET WHEREAS, the City has received and reviewed an application for a new Cannabis Product Retail License for Caring Hands Massage, 427 Vermillion Street. WHEREAS, approval and issuance of the license are contingent upon the submittal of all required documents, fees, successful completion of a criminal history background investigation by the Hastings Police Department, and a security plan approved by the Police Chief. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the Cannabis Product Retail License for Caring Hands Massage, 427 Vermillion Street is approved, unless revoked by City Council. ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 20TH DAY OF MAY, 2024. ATTEST: ______________________________ _______________________________ Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor X-E-01