HomeMy WebLinkAbout20240701 - CC Packet
CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, July 1, 2024 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Proclamation: Parks and Recreation Month
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meeting on June 17, 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.Pay Bills as Audited
2.Resolution: Accept Donation to the Parks and Recreation Department from Country
Financial
3.Declare Surplus Property & Authorize for Public Sale – Police Department
4.Approve New 3.2% On-Sale Liquor License for Hastings Hawks Amateur Baseball, Inc.
dba Hastings Hawks Amateur Baseball
5.Accept Proposal and Authorize Work – 2025 Neighborhood Infrastructure Improvements
Geotechnical Investigation
6.2nd Reading & Adoption: Ordinance Amendment: Chapter 94 - Parks and Recreation
7.Reapprove City Council Minutes from May 6, 2024
IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern,
ask questions, provide additional information, or support on a particular matter. Once the
public hearing is closed, no further testimony is typically allowed and the Council will
deliberate amongst itself and with staff and/or applicant on potential action by the Council.
1.Public Hearing: 2nd Street Depot – Amended Sidewalk Café
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2. Award Contract: Highway 55 Small Area Plan
3. Award Contract: 2024 Sanitary Sewer Rehabilitation Project
4. Award Contract: Independent Financial Audit for Years 2024-2026
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion
of the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
D. Public Safety
E. Administration
1. PFAS Update
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, July 15, 2024 7:00 p.m.
Proclamation
Declaring July 2024 as Parks and Recreation Month
In the City of Hastings, MN
WHEREAS, parks and recreation are an integral part of communities throughout this country,
including the City of Hastings; and
WHEREAS, parks and recreation promote health and wellness, improving the physical and
mental health of people who live near parks; and
WHEREAS, parks and recreation encourage physical activities by providing space for popular
sports, and hiking trails, and many other activities designed to promote active lifestyles; and
WHEREAS, parks and recreation staff members maintain nearly 30 miles of trails and 37 parks
for our community, along with the Hastings Civic Center, Hastings Family Aquatic Center, fields, courts
and playgrounds; and
WHEREAS, parks and recreation programming and education activities, such as youth and adult
athletic leagues, provide opportunities to engage with others in the community; and
WHEREAS, parks and recreation provide numerous entertainment options that take advantage of
our natural amenities and support tourism through the use of Levee Park and other parks; and
WHEREAS, parks and recreation take care of the trees in our city and work to ensure the
ecological beauty of our community; and
WHEREAS, each July the City celebrates National Parks and Recreation Month with a Party in
the Park, which will be held this year on July 30 at Levee Park; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation
Month; and
WHEREAS, the City of Hastings recognizes the benefits derived from parks and recreation
resources; and
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Mary Fasbender and the Hastings
City Council hereby declare the month of July 2024 as Parks and Recreation Month in the City of
Hastings.
________________________________
Mary D. Fasbender, Mayor
Hastings, Minnesota
City Council Workshop
June 17, 2024
The City Council of the City of Hastings, Minnesota met in a workshop on Monday, June 17,
2024, at 5:30 p.m. in the Community Room at the Hastings City Hall, 101 East 4th Street,
Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Haus, Lawrence, Leifeld, Pemble, and
Vihrachoff
Members Absent: Councilmember Fox
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
Finance Manager Chris Eitemiller
Assistant Finance Manager Ashley DeBernardi
Mayor Fasbender called the workshop to order at 5:30 pm and welcomed councilmembers and
staff, indicating that this is the second Council workshop to discuss the 2025 budget. Wietecha
reviewed the first meeting, which gave the presentation on foundational information. The second
workshop was scheduled to finish presentation materials and offer additional time for discussion.
Wietecha reviewed the projections for the water fees in the coming decade if the City is fully
responsible for the cost of PFAS mitigation. Wietecha then presented projections for levy
(maintaining services, without 2025 tax capacity information) and water rates (building treatment
facilities).
Council discussion on understanding the projections, projects, and impact on residents.
Discussion on the possibility to access treated water for all residents following the construction
of the first treatment plant.
Wietecha reviewed the funding options that may help reduce the financial burden on city
residents and when we might hear about the decisions. Discussion on potential future access to
3M Settlement funds. He explained that funds are also being sought for other projects and
commitments that may help alleviate the burden on the City. The City may also be able to scale
back the project to delay nitrate filtration installation.
Communication and transparency will continue to be an important tool in addressing PFAS
mitigation and the budget for the coming years. It may be helpful to include water rates from
other cities in Dakota County for comparison. Continue communication out to residents about
timing of Water Treatment construction project. Continue the message that the City did not cause
the problem but that the City has been working very hard to address the issue. Continue to refer
to resources from the experts and consult the City’s website. Help residents understand what
portion of utility bill would be affected by the increase in water rates.
Council discussed the delay construction of Water Treatment Plant #1 until early 2025. While all
are anxious to get the project started, pausing until February 2025 for the bid process allows for
possible decisions on recent funding applications, potential increases to water rates continue as
part of the overall budget discussion for January implementation, and offers more time for
communication and transparency with residents. Delay will not add much time to completion
since construction would pause during winter months. Council supported delaying bid process to
February 2025.
Council discussed low/no cost options for temporary treatment. The City will continue
providing information for residents to help with individual decisions about in-home filtration
options. Discussion about using Plant #1 when built and access state contract pricing for
residents. While the City can gain access to state contract pricing, water is available at or lower
than that price locally. There may be interest on the part of non-profit partners to assist with
fund-raising/distribution program to provide filters to low-income families, if desired.
Within the budget process, Wietecha indicated that staff will propose cuts/delays as part of their
budget requests. Council discussed a continuing need to attract and retain employees and
maintain a level of public safety. We still have a City to run and delays of some projects may
cause more issues. Council was also concerned about services “not going backward” while water
rates and taxes increase. Council expressed support for the Fire Department, awaiting results of
the space needs study.
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
June 17, 2024
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, June 17, 2024 at
7:05 p.m. in the Council Chambers at the Hastings City Hall, 101 East 4th Street, Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Haus, Lawrence, Leifeld, Pemble, and Vihrachoff
Members Absent: Councilmember Fox
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Kori Land
Community Development Director John Hinzman (Remote)
Finance Manager Chris Eitemiller
Assistant Finance Manager Ashley DeBernardi
New Employee Introductions:
Libby Hummel
Lindsey Duggan
Josh Speak
Tim Skog
Curt Senn
David Sheets
Jessica Urbach
Partner Introductions:
Joni Palodichuk – 360 Communities Advocate
Jean Evans-Williams – Dakota County Embedded Social Worker
Proclamation: Make Music Day
Proclamation: Juneteenth
Presentation: Building Remembrance for Reconciliation (BR4R)
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City Council
workshop and regular meeting on June 3, 2024.
Minutes were approved as presented.
Comments from the Audience
Steve Zeyen, 1772 Dellridge Ct wondering what is changing with item #16 (City Code, Chapter 94 –
Parks & Recreation).
Consent Agenda
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
Councilmember Leifeld motioned to pull item #16 from Consent and move to Parks and Recreation,
seconded by Councilmember Haus.
Councilmember Leifeld motioned to approve the Consent Agenda as amended, seconded by
Councilmember Lawrence.
6 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Resolution No. 06-05-24: Accept Donation to the Parks and Recreation Department from the Ajer
Family
3. Resolution No. 06-06-24: Accept Donation to the Parks and Recreation Department from the
Hamilton Family
4. Resolution No. 06-07-24: Accept Donation to the Parks and Recreation Department from Millner
Family Chiropractic
5. Approve Special Event Designation for the Fourth of July Event
6. Resolution No. 06-08-24: Accept Donation to the Arts & Culture Commission from THRIVE
7. Resolution No. 06-09-24: Approve Liquor License Renewals for the 2024 – 2025 Licensing
Period
8. Resolution No. 06-10-24: Approve Tobacco License Renewals for the 2024 – 2025 Licensing
Period
9. Resolution No. 06-11-24: Approve New Liquor License Application from Upward Solutions,
LLC dba ACE Liquor Store
10. Resolution No. 06-12-24: Approve New Tobacco License Application from Upward Solutions,
LLC dba ACE Liquor Store
11. Declare Surplus Property & Authorize for Public Sale, Donation, or Disposal – Fire Department
12. Approve Unpaid Leave of Absence
13. Approve Pay Estimate No. 1 for the 2024 Mill & Overlay Program – McNamara Contracting
($372,509.50)
14. Resolution No. 06-13-24: Approve Temporary Gambling Permit for Carpenter St. Croix Valley
Nature Center
15. Approve First Amendment to the Joint Powers Agreement Establishing the Criminal Justice
Network
16. Approve First Reading: Chapter 94 – Parks & Recreation – Pulled from Consent Agenda.
Presentation and Approval of 2023 Comprehensive Financial Report
Eitemiller introduced Ryan Engelstad from Bergan KDV, the City’s audit firm, who gave a
presentation on the results of the 2023 audit. He provided an unmodified opinion that the financial statements
are fairly presented in all material respects and noted no material weaknesses and no instances of
noncompliance.
Council discussion on tax capacity and its relationship to the tax levy. Eitemiller shared the increases
are attributed from new developments and increased market value. Engelstad indicated other municipalities
are seeing similar jumps in property market value.
Councilmember Pemble motioned to approve as presented, seconded by Councilmember Lawrence.
6 Ayes, 0 Nays.
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
Approve First Reading: Chapter 94 – Parks and Recreation
This item was pulled from the Consent Agenda for review of the proposed amendments to the
ordinance. Wietecha provided details of the additional amendments to the ordinance that needed legal
clarification prohibiting non-daytime mooring of boats following the amendments previously approved in
May.
No Council discussion.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Pemble.
6 Ayes, 0 Nays.
Resolution No. 06-14-24: Preliminary and Final Plat: Pleasant Drive Addition (NW Corner of Pleasant
Drive and Co Rd 46)
Hinzman provided a summary of the request to approve the Preliminary and Final Plat for the
Pleasant Drive Addition proposed by the Dakota County CDA (Community Development Agency). The
request contains a subdivision of two outlots located at the northwest corner of County Road 46 and Pleasant
Drive. The Dakota County CDA purchased the property for three reasons: provide routing for the Vermillion
River Greenway trail, dedicate right-of-way for a future roundabout at County Road 46 and Pleasant Drive
and provide land for future CDA housing. Hinzman referenced the Comprehensive Plan and potential future
steps in the event development may occur.
Council clarified this request does not include potential future developments. Hinzman indicated there
would be additional steps in the future for any potential development requests.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Haus.
6 Ayes, 0 Nays.
Resolution No. 06-15-24: Site Plan – Stadium Seating and Locker Room – United Heroes League (15211
Ravenna Tr)
Hinzman provided a summary of the application from HTG Architects on behalf of United Heroes
League (UHL) to construct stadium seating and locker room facilities at an existing outdoor hockey rink
located at 15211 Ravenna Trail. Hinzman reviewed previous Interim Use Permits and approvals.
No Council discussion.
Councilmember Leifeld motioned to approve as amended, seconded by Councilmember Vihrachoff.
6 Ayes, 0 Nays.
2nd Reading\Adopt Ordinance: Amend City Code Chapter 34 – Building Department Fees
Hinzman provided an overview of the request to amend City Code Chapter 34 – Fee Schedule
regarding Building Department fees. The proposed amendment is presented to accomplish a reduction in
duplicative permits for a single property by combining separate permits into an all-inclusive permit for ease of
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
tracking and monitoring, and to ensure all fees adequately cover the cost of staff review. Hinzman indicated
most fees have not been increased since 2015.
Council commended staff on the review of fees and making the process more efficient for residents
and staff.
Councilmember Vihrachoff motioned to approve as presented, seconded by Councilmember Haus.
6 Ayes, 0 Nays.
Resolution No. 06-16-24: Approve Liquor License Renewal for Spiral Brewery
Murtaugh indicated that this is typically on the Consent Agenda, but a Councilmember is a principal
owner and abstains from the vote.
No Council discussion.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Pemble.
6 Ayes, 0 Nays.
Announcements
• City Offices will be closed Wednesday, June 19 in observation of Juneteenth.
• Summer Rec Programs at Levee Park…
o Thursday, June 20, Music in the Park with “Holy Rocka Rollaz – Tribute to the 50’s.”
Supported by the Ruth and George Doffing Charitable Fund.
o Tuesday, June 25, Comedy in the Park with “Kenny Ahern – physical comedian.” Sponsored
by SMEAD Manufacturing Company.
o Wednesday, June 26, Storytime in the Park with the theme “Emotions.” A partnership with
Pleasant Hill Library.
o Thursday, June 27, Music in the Park with “Poppa Bear Norton – original comedic country.”
Supported by the Ruth and George Doffing Charitable Fund.
• Friday, June 21, is Make Music Day with 21 performers over 12 hours at 3 locations. Bring a blanket
or chair to enjoy live music from talented musicians in Hastings parks; harmonica, drumstick, and gift
card giveaways; and food trucks.
• Rec + Art + Police is Wednesday, June 26, at Sunny Acres Park with popsicle stick bird feeders, hula
hoop demo, and games. Recommended for elementary and middle schoolers. Supported by SC Toys,
Country Financial, Hastings Lions Club, Hastings Family Service, Community Ed, and Hastings
Prescott Arts Council.
• The Arts & Culture Commission hosts “Twelfth Night – a theatrical performance in the park” at
Vermillion Fall Park on Sunday, June 30.
Meetings
• Heritage Preservation Commission Meeting on Tuesday, June 18, 2024 at 7:00 p.m.
• Parks and Recreation Commission Meeting on Wednesday, June 19, 2024 at 6:30 p.m. – Cancelled
• Public Safety Advisory Commission Meeting on Thursday, June 20, 2024 at 6:30 p.m.
• Operations Committee Meeting on Monday, June 24, 2024 at 7:00 p.m.
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
• Planning Commission Meeting on Monday, June 24, 2024 at 7:00 p.m.
• City Council Regular Meeting on Monday, July 1, 2024 at 7:00 p.m.
Councilmember Haus motioned to adjourn the meeting at 8:15 PM, seconded by Councilmember
Pemble. Ayes 6; Nays 0.
_____________________________ ______________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 06/27/2024
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of weekly routine disbursements issued 06/25/2024.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
07/02/2024.
Background Information:
Disbursements for routine items are made weekly. Disbursements for capital purchases and employee
reimbursements are made twice a month, subsequent to Council approval.
Financial Impact:
Disbursement checks, EFT issued on 06/25/2024 $ 612,513.96
Disbursement checks, EFT to be issued on 07/02/2024 $ 417,075.82
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Jessica Urbach, Parks and Recreation Office Assistant
Date: July 1, 2024
Item: Accept Donation to the Parks and Recreation Department
Council Action Requested: Council is asked to accept a donation in the amount of $1,000.00,
made to the Parks and Recreation Department and has designated that this donation be used for
Recreation Programming.
Background Information: Country Financial has made this donation to be used for a Recreation
Programming
Financial Impact:
Increase the Parks and Recreation donation account by $1,000.00
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
IX-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF A
DONATION TO THE PARKS AND RECREATION DEPARTMENT
WHEREAS, Country Financial has presented to the City Parks & Recreation Department a
donation of $1,000.00 and has designated that this donation be used for Recreation Programming;
and
WHEREAS, the City Council is appreciative of the donation and commends Country
Financial 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 Recreation Programming; and
Adopted this 1st day of July, 2024.
______________________________
Mary D. Fasbender, Mayor
ATTEST:
____________________________
Kelly Murtaugh, City Clerk
IX-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: July 1st, 2024
Item: Sale of Surplus Property
Council Action Requested:
Declare twelve found bicycles as surplus property and authorize for public sale.
Background Information:
The City of Hastings Police Department currently has twelve bicycles in evidence listed as found
property. The police department has been unable to determine ownership and are prepared to have
them sold, with the proceeds to be applied to the Department's forfeiture account in accordance with
Minnesota law. Upon declaration of the bicycles as excess/surplus property, the bicycles will be made
available for public sale via a commercially available online auction service or destroyed.
Financial Impact:
Positive financial impact
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
None
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: July 1, 2024
Item: Consider New Liquor License Request for Hastings Hawks Amateur Baseball, Inc. dba
Hastings Hawks Amateur Baseball
Council Action Requested:
Approve the attached resolution approving the application from Hastings Hawks Amateur Baseball, Inc.
dba Hastings Hawks Amateur Baseball for a 3.2% On-Sale Malt Liquor License for beverage sales at
Veteran’s Park Athletic Complex.
Background Information:
Bruce Karnick, Hastings Hawks Amateur Baseball, Inc. dba Hastings Hawks Amateur Baseball, submitted
a 3.2% On-Sale Malt Liquor License application to be able to sell beverages at Veteran’s Park at summer
collegiate league baseball games, town ball games, and any other events at the ballpark. In 2022,
Minnesota State Law changed to allow amateur baseball teams competing in a league established by the
Minnesota Baseball Association to obtain a 3.2% on-sale malt liquor license and a on-sale wine license.
The Veteran’s Park Athletic Complex property is owned by The State of Minnesota and leased by the City
of Hastings. The current agreement allows the consumption of 3.2% malt liquor on the premises. The City
is engaging with the State to amend the agreement to permit alcohol sales allowable by State Law.
Upon amending the agreement with the State, the City will consider the addition of an on-sale wine
license as an amendment to the current approval.
Financial Impact:
Increase in liquor license fees.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ___________
RESOLUTION APPROVING A NEW 3.2% ON-SALE MALT LIQUOR LICENSE TO HASTINGS
HAWKS AMATEUR BASEBALL, INC. DBA HASTINGS HAWKS AMATEUR BASEBALL
WHEREAS, Bruce Karnick, Hastings Hawks Amateur Baseball, Inc. dba Hastings Hawks
Amateur Baseball, has applied for a new 3.2% On-Sale liquor license and successfully passed the
background check conducted by the Hastings Police Department; and
WHEREAS, all necessary paperwork and documents have been completed and submitted,
and the associated fees have been paid; and
WHEREAS, the City of Hastings will consider the amended liquor license request to add an
on-sale wine license upon the amendment of the lease agreement with the State of Minnesota for the
Veteran’s Park Athletic Complex property.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings that the
3.2% On-Sale Liquor License for Hastings Hawks Amateur Baseball, Inc. dba Hastings Hawks Amateur
Baseball is approved.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, MINNESOTA THIS
1ST DAY OF JULY 2024.
ATTEST:
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: July 1, 2024
Item: Accept Proposal and Authorize Work – 2025 Neighborhood Infrastructure Improvements
Geotechnical Investigation
Council Action Requested:
The Council is requested to authorize the Engineering Department to enter a contract with Braun
Intertec for the purpose of investigating subsurface conditions for the proposed 2025 Neighborhood
Infrastructure Improvements Project.
Background Information:
On May 6, 2024, the City Council authorized the Engineering Department to begin collecting field data as
part of the feasibility analysis for the 2025 Neighborhood Infrastructure Improvements Project.
Geotechnical investigation is a key component of this data collection process as it enables staff to make
informed decisions on the existing conditions of these roadways and the corrections necessary to
improve them.
Three proposals were solicited from qualified vendors to provide geotechnical investigation services as
well as an accompanying report of recommendations. A summary of the three proposals provided are as
follows:
• Braun Intertec – $22,014
• American Engineering Testing (AET) – $32,087
• WSB – $46,630
After detailed review of these proposals for completeness, Braun Intertec provided the best value to
perform all services requested. Braun Intertec has completed several geotechnical investigations for City
infrastructure projects in the past and is well qualified to complete this work.
Financial Impact:
The estimated cost of these services at $22,014 falls within the anticipated administrative costs for the
2025 Neighborhood Infrastructure Improvements Project. This project, if authorized for
bidding/construction following preparation of the Feasibility Report, will ultimately be paid for utilizing
bonded debt, enterprise funds, and private assessments.
Attachments:
• Proposed 2025 Neighborhood Infrastructure Improvements Project Map
• Braun Intertec Proposal - Geotechnical Investigation of 2025 Neighborhood Infrastructure
Improvements Project
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AA/EOE
Braun Intertec Corporation 1826 Buerkle Road Saint Paul, MN 55110
Phone: 651.487.3245 Fax: 651.487.1812 Web: braunintertec.com
May 29, 2024 Proposal QTB197191
Cody Mathisen, P.E.
City of Hastings
1225 Progress Drive
Hastings, MN 55033
Re: Proposal for a Pavement and Geotechnical Evaluation
City of Hastings 2025 Infrastructure Improvement Projects
Various City Streets
Hastings, MN
Dear Mr. Mathisen:
Braun Intertec Corporation appreciates the opportunity to provide this proposal to complete a pavement
and geotechnical evaluation for the City of Hastings 2025 Infrastructure Improvement Projects located in
Hastings, Minnesota.
Project Information
Per the RFP provided by you and dated May 16, 2024, we understand the proposed project will include
improvements to several city streets. The streets are planned for either full reconstruction that will
include underground public utility repair of water main and sanitary sewer or full-depth reclamation
(FDR).
As part of our work, it is requested that Ground Penetrating Radar (GPR) testing, pavement coring and
hand auger borings, and Falling Weight Deflectometer (FWD) testing be performed on streets planned
for FDR, which total about 1 mile in length. Soil borings are requested for streets planned for full
reconstruction and the repair of utilities. Additionally, soil borings are requested for a potential
stormwater quality project.
Purpose
The purpose of GPR, pavement coring, hand auger borings, and FWD testing will be to provide existing
inplace structural information for streets planned for FDR. The purpose of our geotechnical evaluation
will be to characterize subsurface geologic conditions at selected boring locations, evaluate their impact
on the project, and provide geotechnical recommendations for the design and construction of the
streets.
Scope of Services
We propose the following tasks to help achieve the stated purpose. If we encounter unfavorable or
unforeseen conditions during the completion of our tasks that lead us to recommend an expanded scope
of services, we will contact you to discuss the conditions before resuming our services.
VIII-05
City of Hastings
Proposal QTB197191
May 29, 2024
Page 2
Ground Penetrating Radar (GPR) Testing
As requested, we will perform GPR testing on City streets planned for FDR which includes Whispering
Lane, Crestview Drive, Theo Court, 1st Place, Prairie Street, and State Street (from 2nd Street to 3rd
Street). GPR data provides a continuous estimate of pavement layer thicknesses and will be performed in
both travel direction. GPR measurements will be tied to GPS coordinates for mapping and reference
purposes.
An air-coupled GPR unit can be expected to penetrate approximately 2 feet under ideal conditions, and is
capable of detecting differentiation between bituminous pavement layers and underlying aggregate base
layers, if present.
Data obtained from the GPR testing will be used in the analysis of FWD data and will also be used to
assist with the planned FDR repair recommendations.
Pavement Coring and Hand Auger Borings
At locations selected by Braun Intertec using the GPR data, we will perform a total of 18 pavement cores
and hand auger borings on streets planned for FDR. Pavement cores and hand auger borings will be used
to confirm and calibrate the GPR data and to help characterize the in-place pavement layer thicknesses.
The cores will be submitted to our lab for total thickness measurements and will be examined for any
material deficiencies. The cores will be retained for any additional laboratory testing that may be useful.
Falling Weight Deflectometer (FWD) Testing and Analysis
On streets planned for FDR, we will perform non-destructive Falling Weight Deflectometer (FWD) testing
with a Dynatest 8002E model FWD. The FWD is a non-destructive testing device specifically designed for
evaluating pavements and operates by measuring pavement surface deflections from an applied wheel-
simulating impulse load. Four impulse loads (two at 6,000 lbs and two at 9,000 lbs) will be applied at each
test point using a testing rate of approximately one test every 200 feet. Testing will be performed in a
both directions of travel.
Deflection data will be utilized to estimate effective R-values, pavement structural capacity, effective GE,
and required 9-ton and 10-ton overlay thicknesses. Furthermore, the FWD data will assist in the
discussion of the planned repair, as well as assisting in identifying areas where possible soil corrections
may be warranted.
Site Access
Based on the map and site photographs provided, it appears that the site is accessible to a truck drill rig.
However, one of the borings may require an off-road drill rig. This can be better determined during our site
review. Should an off-road be warranted, additional fees may be incurred.
We assume there will be no cause for delays in accessing the boring locations. Depending on access
requirements, ground conditions or potential utility conflicts, our field crew may alter the boring locations
from those proposed to facilitate accessibility.
VIII-05
City of Hastings
Proposal QTB197191
May 29, 2024
Page 3
Staking
As the requested locations, we will stake prospective subsurface exploration locations so that GPS
coordinates and elevations can be obtained.
Utility Clearance
Prior to drilling, we will contact Gopher State One Call and arrange for notification of the appropriate
utility vendors to mark and clear the boring locations of public underground utilities. You, or your
authorized representative, are responsible to notify us before we begin our work of the presence and
location of any underground objects or private utilities that are not the responsibility of public agencies.
Penetration Test Borings
As requested, we will drill a total of 24 standard penetration test borings for the project. Six borings will
be performed to a depth of 12 feet each, 15 borings will be performed to a depth of 14 feet each, and
three borings will be performed to a depth of 20 feet. Borings will be performed at the approximate
locations noted in the RFP. For each of the borings, we will perform standard penetration tests at 2 1/2-
foot vertical intervals to the depth of termination.
If the borings encounter groundwater during or immediately after drilling of each boring, we will record
the observed depth on the boring logs.
If the intended boring depths do not extend through unsuitable material, we will extend the borings at
least 5 feet into suitable material at greater depths. If we identify a need for deeper (or additional)
borings, we will contact you prior to increasing our total estimated drilled footage and submit a Change
Order summarizing the anticipated additional effort and the associated cost, for your review and
authorization.
MDH Sealing Record
We are planning the deepest borings to be at least 15 feet and less than 25 feet. Therefore, the Minnesota
Statutes require us to complete a Sealing Record after our completion of the borings. Our proposal includes
the fees for the Minnesota Department of Health (MDH) Sealing Record.
In the event we extend our borings to a depth of 25 feet or greater, the MDH requires us to complete and
submit a Sealing Notification Form for the project. The submission of the Sealing Notification Form will
require a signature from the property owner (or agent). If we extend our borings to a depth of 25 feet or
greater, we will forward on to you a copy of the form for signature and increase our total fees by $100.
Borehole Abandonment
We will backfill our boring locations immediately after completing the drilling at each location.
Minnesota Statutes require sealing temporary borings that are 15 feet deep or deeper. Based on our
proposed subsurface characterization depths, we will seal 60 linear feet with grout.
Sealing boreholes with grout will prevent us from disposing of auger boring cuttings in the completed
boreholes. Unless you direct us otherwise, we intend to thin-spread the cuttings around the boreholes. If
we cannot thin-spread cuttings, we will put them in a container left on site. We can provide off-site
disposal of the cuttings for an additional fee.
VIII-05
City of Hastings
Proposal QTB197191
May 29, 2024
Page 4
Upon backfilling boring locations, we will fill holes in pavements with a temporary patch. Over time,
subsidence of borehole backfill may occur, requiring releveling of surface grades or replacing bituminous
patches. We are not assuming responsibility for re-leveling or re-patching after we complete our
fieldwork.
Sample Review and Laboratory Testing
We will return recovered samples to our laboratory, where a geotechnical engineer will visually classify
and log them. To help classify the materials encountered and estimate the engineering properties
necessary to our analyses, we anticipate performing 20 moisture content tests, 4 sieve-hydrometers, 4
mechanical analyses (through a #200 sieve only) and 6 organic content tests. We will adjust the actual
number and type of tests based on the results of our borings.
Traffic Control
Pavement coring, FWD testing and penetration test borings require our crews to perform work within
the street. Based on the map provided, the streets appear to be low-volume residential streets. To
protect our crews and alert motorists of our work within the street, we will use traffic control signs and
flags. The cost for traffic control has been incorporated into our cost estimate. If additional traffic control
is needed, such as flaggers, we will hire a subconsultant to perform that work and will submit a Change
Order for those fees.
Engineering Analyses
We will use data obtained from our testing and drilling to evaluate the subsurface profile and
groundwater conditions, and to perform engineering analyses related to pavement design and
performance.
Report
We will prepare a report including:
A CAD sketch showing the project area and exploration locations
Results of GPR testing, including graphical data
Results of pavement coring and hand auger borings, as well as photographs of the pavement
cores
Results of FWD analysis, including our recommendations for design R-values
Logs of the Borings describing the materials encountered and presenting the results of our
groundwater measurements and laboratory tests
A summary of the subsurface profile and groundwater conditions
Estimated infiltrations rates for storm water ponds/features
VIII-05
City of Hastings
Proposal QTB197191
May 29, 2024
Page 5
Recommendations for design and construction of the streets, including recommendations
related to the planned repairs. We understand 1st Street is to be designed to a 10-ton
roadway and that all other streets require a 7-ton design.
We will submit an electronic copy of our report.
Schedule
We anticipate performing our work according to the following schedule.
GPR Testing – within about two weeks of written authorization.
Pavement coring and hand auger borings – within about one week of analyzing the GPR data.
FWD testing – FWD testing will be completed after analysis of the GPR data and the
pavement coring and hand auger borings.
Drill rig mobilization – we anticipate drilling can be performed within about 6 weeks of
project authorization and that the work will take about 3 to 4 days to complete. We will do our best, however, to move this up in the schedule as other projects progress and fluctuate.
Classification and laboratory testing – within 1 week after completion of field exploration.
Final report submittal – we understand the final report is requested by August 30, 2024.
If we cannot complete our proposed scope of services according to this schedule due to circumstances
beyond our control, we may need to revise this proposal prior to completing the remaining tasks.
Fees
We will furnish the services described in this proposal for an estimated fee of $22,014. We are attaching
a tabulation showing hourly and/or unit rates associated with our proposed scope of services.
Our work may extend over several invoicing periods. As such, we will submit partial progress invoices for
work we perform during each invoicing period.
General Remarks
We will be happy to meet with you to discuss our proposed scope of services further and clarify the
various scope components.
We appreciate the opportunity to present this proposal to you. Please sign and return a copy to us in its
entirety.
VIII-05
City of Hastings
Proposal QTB197191
May 29, 2024
Page 6
We based the proposed fee on the scope of services described and the assumptions that you will
authorize our services within 30 days and that others will not delay us beyond our proposed schedule.
We include the Braun Intertec General Conditions, which provide additional terms and are a part of our
agreement.
To have questions answered or schedule a time to meet and discuss our approach to this project further,
please contact Amy Grothaus at 651.261.7122 or (agrothaus@braunintertec.com).
Sincerely,
BRAUN INTERTEC CORPORATION
Amy J. Grothaus, PE
Senior Manager, Senior Engineer
Matthew Ruble, PE
Vice President, Principal Engineer
Attachments:
Tabular Cost Estimate
General Conditions (1/1/18)
The proposal is accepted, and you are authorized to proceed.
Authorizer’s Firm
Authorizer’s Signature
Authorizer’s Name (please print or type)
Authorizer’s Title
Date
VIII-05
Client:Service Description:Work Site Address:
Various City Streets
Hastings, MN
City of Hastings
Cody Mathisen
101 4th St E
Hastings, MN 55033
(651) 480-2350
Geotechnical and Pavement Evaluation
Description Quantity Units Unit Price Extension
Phase 1 Pavement Evaluation
Activity 1.1 GPR Testing, Pavement Coring and Hand Auger Borings $2,899.50
259 Ground penetrating radar, per hour 2.00 Hour 200.00 $400.00
8640 GPR Mobilization 50.00 Each 3.75 $187.50
252 Bituminous Coring and Hand Auger Borings 10.00 Hour 200.00 $2,000.00
1555 Bit wear and patch material, per core 18.00 Each 15.00 $270.00
1861 CMT Trip Charge 1.00 Each 42.00 $42.00
Activity 1.2 FWD Testing $587.50
8620 Falling Weight Deflectomer (FWD) Testing 2.00 Each 200.00 $400.00
1087 FWD Mobilization 50.00 Each 3.75 $187.50
Phase 1 Total:$3,487.00
Phase 2 Geotechnical Evaluation
Activity 2.1 Site Layout - Staking - Utility Clearance - CADD $1,990.00
205 Site layout and utility clearance 8.00 Hour 110.00 $880.00
288 Project Assistant 2.00 Hour 94.00 $188.00
371 CADD/Graphics Operator 2.00 Hour 136.00 $272.00
1862 UTIL Trip Charge 1.00 Each 42.00 $42.00
5099 Trimble R8 Rover (horizontal and vertical), per hour 8.00 Each 76.00 $608.00
Activity 2.2 Drilling Services $10,580.00
9000 Truck Mounted Drilling Services, per hour 26.00 Each 400.00 $10,400.00
9730 Grout with bentonite, materials per foot 60.00 Each 3.00 $180.00
Activity 2.3 Laboratory Testing $1,940.00
1152 Moisture content, per sample 20.00 Each 14.00 $280.00
1166 Loss by Washing Through #200 Sieve, per sample 4.00 Each 86.00 $344.00
1174 Organic Content, per sample 6.00 Each 86.00 $516.00
1172 Hydrometer - Sieve Analysis, per sample 4.00 Each 200.00 $800.00
Phase 2 Total:$14,510.00
Phase 3 Analysis and Engineering
Activity 3.1 Consulting Labor $4,017.00
138 Project Assistant 4.00 Hour 94.00 $376.00
126 Project Engineer 14.00 Hour 180.00 $2,520.00
128 Senior Engineer 4.00 Hour 210.00 $840.00
125 Project Manager 1.00 Hour 145.00 $145.00
371 CADD/Graphics Operator 1.00 Hour 136.00 $136.00
Phase 3 Total:$4,017.00
05/28/2024 09:07 PM
Project Proposal
QTB197191
City of Hastings 2025 Infrastructure Improvement Projects
Proposal Total: $22,014.00
VIII-05
General Conditions
GC Page 1 of 2
Section 1: Agreement
1.1 Our agreement with you consists of these
General Conditions and the accompanying written
proposal or authorization (“Agreement”). This
Agreement is the entire agreement between you
and us. It supersedes prior agreements. It may be
modified only in a writing signed by us, making
specific reference to the provision modified.
1.2 The words “you,” “we,” “us,” and “our”
include officers, employees, and subcontractors.
1.3 In the event you use a purchase order or
other documentation to authorize our scope of
work (“Services”), any conflicting or additional
terms are not part of this Agreement. Directing us
to start work prior to execution of this Agreement
constitutes your acceptance. If, however, mutually
acceptable terms cannot be established, we have
the right to terminate this Agreement without
liability to you or others, and you will compensate
us for fees earned and expenses incurred up to the
time of termination.
Section 2: Our Responsibilities
2.1 We will provide Services specifically
described in this Agreement. You agree that we
are not responsible for services that are not
expressly included in this Agreement. Unless
otherwise agreed in writing, our findings, opinions,
and recommendations will be provided to you in
writing. You agree not to rely on oral findings,
opinions, or recommendations without our
written approval.
2.2 In performing our professional services, we
will use that degree of care and skill ordinarily
exercised under similar circumstances by
reputable members of our profession practicing in
the same locality. If you direct us to deviate from
our recommended procedures, you agree to hold
us harmless from claims, damages, and expenses
arising out of your direction. If during the one year
period following completion of Services it is
determined that the above standards have not
been met and you have promptly notified us in
writing of such failure, we will perform, at our
cost, such corrective services as may be necessary,
within the original scope in this Agreement, to
remedy such deficiency. Remedies set forth in this
section constitute your sole and exclusive recourse
with respect to the performance or quality of
Services.
2.3 We will reference our field observations and
sampling to available reference points, but we will
not survey, set, or check the accuracy of those
points unless we accept that duty in writing.
Locations of field observations or sampling
described in our report or shown on our sketches
are based on information provided by others or
estimates made by our personnel. You agree that
such dimensions, depths, or elevations are
approximations unless specifically stated
otherwise in the report. You accept the inherent
risk that samples or observations may not be
representative of things not sampled or seen and
further that site conditions may vary over distance
or change over time.
2.4 Our duties do not include supervising or
directing your representatives or contractors or
commenting on, overseeing, or providing the
means and methods of their services unless
expressly set forth in this Agreement. We will not
be responsible for the failure of your contractors,
and the providing of Services will not relieve
others of their responsibilities to you or to others.
2.5 We will provide a health and safety program
for our employees, but we will not be responsible
for contractor, owner, project, or site health or
safety.
2.6 You will provide, at no cost to us,
appropriate site safety measures as to work areas
to be observed or inspected by us. Our employees
are authorized by you to refuse to work under
conditions that may be unsafe.
2.7 Unless a fixed fee is indicated, our price is an
estimate of our project costs and expenses based
on information available to us and our experience
and knowledge. Such estimates are an exercise of
our professional judgment and are not guaranteed
or warranted. Actual costs may vary. You should
allow a contingency in addition to estimated costs.
Section 3: Your Responsibilities
3.1 You will provide us with prior environmental,
geotechnical and other reports, specifications,
plans, and information to which you have access
about the site. You agree to provide us with all
plans, changes in plans, and new information as to
site conditions until we have completed Services.
3.2 You will provide access to the site. In the
performance of Services some site damage is
normal even when due care is exercised. We will
use reasonable care to minimize damage to the
site. We have not included the cost of restoration
of damage in the estimated charges.
3.3 You agree to provide us, in a timely manner,
with information that you have regarding buried
objects at the site. We will not be responsible for
locating buried objects at the site. You agree to
hold us harmless, defend, and indemnify us from
claims, damages, losses, penalties and expenses
(including attorney fees) involving buried objects
that were not properly marked or identified or of
which you had knowledge but did not timely call to
our attention or correctly show on the plans you or
others furnished to us.
3.4 You will notify us of any knowledge or
suspicion of the presence of hazardous or
dangerous materials present on any work site or in
a sample provided to us. You agree to provide us
with information in your possession or control
relating to such materials or samples. If we
observe or suspect the presence of contaminants
not anticipated in this Agreement, we may
terminate Services without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
3.5 Neither this Agreement nor the providing of
Services will operate to make us an owner,
operator, generator, transporter, treater, storer,
or a disposal facility within the meaning of the
Resource Conservation Recovery Act, as amended,
or within the meaning of any other law governing
the handling, treatment, storage, or disposal of
hazardous substances. You agree to hold us
harmless, defend, and indemnify us from any
damages, claims, damages, penalties or losses
resulting from the storage, removal, hauling or
disposal of such substances.
3.6 Monitoring wells are your property, and you
are responsible for their permitting, maintenance,
and abandonment unless expressly set forth
otherwise in this Agreement.
3.7 You agree to make all disclosures required by
law. In the event you do not own the project site,
you acknowledge that it is your duty to inform the
owner of the discovery or release of contaminants
at the site. You agree to hold us harmless, defend,
and indemnify us from claims, damages, penalties,
or losses and expenses, including attorney fees,
related to failures to make disclosures, disclosures
made by us that are required by law, and from
claims related to the informing or failure to inform
the site owner of the discovery of contaminants.
Section 4: Reports and Records
4.1 Unless you request otherwise, we will
provide our report in an electronic format.
4.2 Our reports, notes, calculations, and other
documents and our computer software and data
are instruments of our service to you, and they
remain our property. We hereby grant you a
license to use the reports and related information
we provide only for the related project and for the
purposes disclosed to us. You may not transfer our
reports to others or use them for a purpose for
which they were not prepared without our written
approval. You agree to indemnify, defend, and
hold us harmless from claims, damages, losses,
and expenses, including attorney fees, arising out
of such a transfer or use.
4.3 If you do not pay for Services in full as
agreed, we may retain work not yet delivered to
you and you agree to return to us all of our work
that is in your possession or under your control.
4.4 Samples and field data remaining after tests
are conducted and field and laboratory equipment
that cannot be adequately cleansed of
contaminants are and continue to be your
property. They may be discarded or returned to
you, at our discretion, unless within 15 days of the
report date you give us written direction to store
or transfer the materials at your expense.
4.5 Electronic data, reports, photographs,
samples, and other materials provided by you or
others may be discarded or returned to you, at our
discretion, unless within 15 days of the report date
you give us written direction to store or transfer
the materials at your expense.
VIII-05
GC Revised 1/1/2018 Page 2 of 2
Section 5: Compensation
5.1 You will pay for Services as stated in this
Agreement. If such payment references our
Schedule of Charges, the invoicing will be based
upon the most current schedule. An estimated
amount is not a firm figure. You agree to pay all
sales taxes and other taxes based on your
payment of our compensation. Our performance is
subject to credit approval and payment of any
specified retainer.
5.2 You will notify us of billing disputes within 15
days. You will pay undisputed portions of invoices
upon receipt. You agree to pay interest on unpaid
balances beginning 30 days after invoice dates at
the rate of 1.5% per month, or at the maximum
rate allowed by law.
5.3 If you direct us to invoice a third party, we
may do so, but you agree to be responsible for our
compensation unless the third party is
creditworthy (in our sole opinion) and provides
written acceptance of all terms of this Agreement.
5.4 Your obligation to pay for Services under this
Agreement is not contingent on your ability to
obtain financing, governmental or regulatory
agency approval, permits, final adjudication of any
lawsuit, your successful completion of any project,
receipt of payment from a third party, or any
other event. No retainage will be withheld.
5.5 If you do not pay us in accordance with this
Agreement, you agree to reimburse all costs and
expenses for collection of the moneys invoiced,
including but not limited to attorney fees and staff
time.
5.6 You agree to compensate us in accordance
with our Schedule of Charges if we are asked or
required to respond to legal process arising out of
a proceeding related to the project and as to
which we are not a party.
5.7 If we are delayed by factors beyond our
control, or if project conditions or the scope or
amount of work changes, or if changed labor
conditions result in increased costs, decreased
efficiency, or delays, or if the standards or
methods change, we will give you timely notice,
the schedule will be extended for each day of
delay, and we will be compensated for costs and
expenses incurred in accordance with our
Schedule of Charges.
5.8 If you fail to pay us in accordance with this
Agreement, we may consider the default a total
breach of this Agreement and, at our option,
terminate our duties without liability to you or to
others, and you will compensate us for fees
earned and expenses incurred up to the time of
termination.
5.9 In consideration of our providing insurance
to cover claims made by you, you hereby waive
any right to offset fees otherwise due us.
Section 6: Disputes, Damage, and Risk Allocation
6.1 Each of us will exercise good faith efforts to
resolve disputes without litigation. Such efforts
will include, but not be limited to, a meeting(s)
attended by each party’s representative(s)
empowered to resolve the dispute. Before either
of us commences an action against the other,
disputes (except collections) will be submitted to
mediation.
6.2 Notwithstanding anything to the contrary in
this Agreement, neither party hereto shall be
responsible or held liable to the other for
punitive, indirect, incidental, or consequential
damages, or liability for loss of use, loss of
business opportunity, loss of profit or revenue,
loss of product or output, or business
interruption.
6.3 You and we agree that any action in relation
to an alleged breach of our standard of care or this
Agreement shall be commenced within one year
of the date of the breach or of the date of
substantial completion of Services, whichever is
earlier, without regard to the date the breach is
discovered. Any action not brought within that
one year time period shall be barred, without
regard to any other limitations period set forth by
law or statute. We will not be liable unless you
have notified us within 30 days of the date of such
breach and unless you have given us an
opportunity to investigate and to recommend
ways of mitigating damages. You agree not to
make a claim against us unless you have provided
us at least 30 days prior to the institution of any
legal proceeding against us with a written
certificate executed by an appropriately licensed
professional specifying and certifying each and
every act or omission that you contend constitutes
a violation of the standard of care governing our
professional services. Should you fail to meet the
conditions above, you agree to fully release us
from any liability for such allegation.
6.4 For you to obtain the benefit of a fee which
includes a reasonable allowance for risks, you
agree that our aggregate liability for all claims
will not exceed the fee paid for Services or
$50,000, whichever is greater. If you are
unwilling to accept this allocation of risk, we will
increase our aggregate liability to $100,000
provided that, within 10 days of the date of this
Agreement, you provide payment in an amount
that will increase our fees by 10%, but not less
than $500, to compensate us for the greater risk
undertaken. This increased fee is not the purchase
of insurance.
6.5 You agree to indemnify us from all liability
to others in excess of the risk allocation stated
herein and to insure this obligation. In addition,
all indemnities and limitations of liability set
forth in this Agreement apply however the same
may arise, whether in contract, tort, statute,
equity or other theory of law, including, but not
limited to, the breach of any legal duty or the
fault, negligence, or strict liability of either party.
6.6 This Agreement shall be governed,
construed, and enforced in accordance with the
laws of the state in which our servicing office is
located, without regard to its conflict of laws rules.
The laws of the state of our servicing office will
govern all disputes, and all claims shall be heard in
the state or federal courts for that state. Each of
us waives trial by jury.
6.7 No officer or employee acting within the
scope of employment shall have individual liability
for his or her acts or omissions, and you agree not
to make a claim against individual officers or
employees.
Section 7: General Indemnification
7.1 We will indemnify and hold you harmless
from and against demands, damages, and
expenses of others to the comparative extent they
are caused by our negligent acts or omissions or
those negligent acts or omissions of persons for
whom we are legally responsible. You will
indemnify and hold us harmless from and against
demands, damages, and expenses of others to the
comparative extent they are caused by your
negligent acts or omissions or those negligent acts
or omissions of persons for whom you are legally
responsible.
7.2 To the extent it may be necessary to
indemnify either of us under Section 7.1, you and
we expressly waive, in favor of the other only, any
immunity or exemption from liability that exists
under any worker compensation law.
7.3 You agree to indemnify us against losses and
costs arising out of claims of patent or copyright
infringement as to any process or system that is
specified or selected by you or by others on your
behalf.
Section 8: Miscellaneous Provisions
8.1 We will provide a certificate of insurance to
you upon request. Any claim as an Additional
Insured shall be limited to losses caused by our
negligence.
8.2 You and we, for ourselves and our insurers,
waive all claims and rights of subrogation for
losses arising out of causes of loss covered by our
respective insurance policies.
8.3 Neither of us will assign or transfer any
interest, any claim, any cause of action, or any
right against the other. Neither of us will assign or
otherwise transfer or encumber any proceeds or
expected proceeds or compensation from the
project or project claims to any third person,
whether directly or as collateral or otherwise.
8.4 This Agreement may be terminated early
only in writing. You will compensate us for fees
earned for performance completed and expenses
incurred up to the time of termination.
8.5 If any provision of this Agreement is held
invalid or unenforceable, then such provision will
be modified to reflect the parties' intention. All
remaining provisions of this Agreement shall
remain in full force and effect.
8.6 No waiver of any right or privilege of either
party will occur upon such party's failure to insist
on performance of any term, condition, or
instruction, or failure to exercise any right or
privilege or its waiver of any breach.
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: July 1, 2024
Item: 2nd Reading and Adoption - City Ordinance 94 – Amendment
Council Action Requested: Conduct 2nd reading for amending City
Ordinance 94 and adopt amended ordinance.
Background Information: A repeal and replace of Ordinance 94 occurred
on May 6, 2024, however we discovered the need to clarify a couple of terms
and restrictions related to the Mississippi River Public Boat Dock. Staff have
been working with our attorney and police department staff to ensure we get
the language as accurate and defensible as possible.
The first Reading was conducted June 17, 2024. Action tonight is to conduct
the 2nd reading and adopt the amended ordinance.
A summary of the ordinance amendment will be published after adoption.
Financial Impact: N/A
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments:
▪ Proposed City Ordinance 94 Amendment
VIII-06
ORDINANCE NO.
AN ORDINANCE FOR THE CITY OF HASTINGS, MINNESOTA, AMENDING
HASTINGS CITY CODE CHAPTER 94, SECTIONS 94.01 AND 94.11 REGARDING
SPECIAL REGULATIONS FOR MISSISSIPPI RIVER BOAT LAUNCH AND DOCK
MOORING HOURS
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 94, Section .01 shall be amended as follows:
94.01 Definition
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates otherwise or requires a different meaning.
DAYLIGHT. Daylight means the hours between 30 minutes prior to sunrise and 30 minutes after
sunset.
OVERNIGHT. Overnight means the hours between 30 minutes after sunset and 30 minutes prior
to sunrise.
PARK. A park, playground, swimming pool, lake, pond, stream, trail, nature area, open space
area, or recreational center, including adjacent parking areas, owned or operated by the city.
SECTION 2. AMENDMENT. The Code of the City of Hastings, County of Dakota, State
of Minnesota, Chapter 94, Section 11 shall be amended as follows:
94.11 Special Regulations for Mississippi River Boat Launch and Dock
The following regulations apply for the Mississippi River Boat Launch and Dock:
A. Mooring of boats is only allowed within 50 feet of shore and within 500 feet upstream of
the dock. No mooring of boats is allowed downstream of the dock or upstream of the
launch.
B. No overnight mooring is allowed at the dock or within the upstream mooring area. Mooring
at the dock is only allowed during daylight hours.
C. No boats shall be tied off to pilings or trees.
D. No swimming, diving or fishing from the dock.
SECTION 3. 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.
VIII-06
The text amendment adopted by the Hastings City Council on
, 2024 modifies the City Ordinance to clarify that boats can only be moored at the
Mississippi River Boat Launch during daylight hours.
SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and
after its passage and publication according to law.
Passed this day of , 2024.
Mary Fasbender, Mayor
Attest:
Kelly Murtaugh, City Clerk
Published in the _________ on [Date].
VIII-06
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh
Date: July 1, 2024
Item: May 6, 2024 Council Meeting Minutes
Council Action Requested:
Reapprove Council meeting minutes from Monday, May 6, 2024.
Background Information:
At the May 20, 2024 meeting, Council approved the minutes from May 6, 2024. One item on the
Consent Agenda was acted upon but not reflected in the minutes when approved. That item has
been correctly reinstated in the minutes.
Financial Impact:
NA
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
May 6, 2024 Council Meeting Minutes
VIII-07
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 this topic 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. Authorize Project Work: 2025 Neighborhood Infrastructure Improvements
16. Approve Revision to Joint Powers Agreement with Dakota County: Opioid Settlement Funds
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
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: July 1, 2024
Item: Consider Amended Application for Sidewalk Café with Liquor License Amendment for 2nd
Street Depot Bar and Grill
Council Action Requested:
Hold a public hearing and consider the amended Sidewalk Café with Liquor License Amendment
application for 2nd Street Depot Bar and Grill.
Background Information:
2nd Street Depot Bar and Grill has submitted the required amended application and documents for the
Sidewalk Café license with a liquor license amendment. The applicant wishes to construct the sidewalk
café with different materials that were not part of the original request. The new construction also provided
changes to the layout. The request meeting ADA compliance requirements. License will be issued upon
passing inspection following installation of the sidewalk café.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
N/A
IX-01
IX-01
City Council Memorandum
To: Mayor Fasbender and City Council
From: Alex Menke, Economic Development Coordinator
Date: July 1, 2024
Item: Authorize Signature: Professional Services Agreement – HKGi – Highway 55 Small
Area Plan
Council Action Requested:
Authorize signature of a professional services agreement, subject to review and minor changes
by the City Attorney, between the City of Hastings and HKGi to perform a market and
infrastructure analysis and generate a concept area design for land surrounding Highway 55 and
Jacob Avenue. A simple majority is necessary for action.
Need for Planning Services
Staff has been approached by landowners, with holdings just beyond the existing city limits,
expressing interest in possibly developing and being annexed into the City. Discussions with
landowners resulted in a desire for the City to provide a plan for the type of developments being
sought out for the western edge of the City. Staff wishes to engage in professional planning
services for this area so that a thoughtful, fiscally responsible, concept plan can be created. This
plan will be used internally as a reference document when landowners come to the City with the
intention to develop their properties. The City is not seeking to compel annexation of properties
outside of the City Limits, but to develop a plan if property owners approach the city for
annexation.
Request for Proposal
The City issued a Request for Proposals (RFP) to provide services. Six firms responded to the
RFP with three firms interviewed by the City. HKGi was chosen based on their comprehensive
experience in preparing concept area plans with market analysis in similar cities.
Budget
The Agreement caps expenses at $50,000 which is the allocated budget for the project.
Scope of Services
The Scope of Services will be outlined and negotiated on in the coming Professional Services
Agreement, that will be subject to review and alteration by the City Attorney.
IX-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director/City Engineer
Date: July 1, 2024
Item: Contract Award for 2024 Sanitary Sewer Rehabilitation Project
COUNCIL ACTION REQUESTED
Council is requested to adopt the attached resolution to award a contract for the 2024 Sanitary Sewer
Rehabilitations Project.
BACKGROUND INFORMATION
The City received two bids for this project on June 21st, 2024. A summary of the bids is listed below.
Bidder Total Bid
Musson Brothers Inc. – Waukesha, WI $238,675.00
Visu-Sewer, Inc. – Pewaukee, WI $244,957.00
This project will include the trenchless sewer lining of sanitary mains and private lateral service lines primarily
along Louis Lane from Southview Drive to 21st Street. Also included in the project scope is the lining of sanitary
sewer manholes along 1st Street East that take on water during certain flooding events.
The City has worked with Musson Brothers Inc. on sanitary sewer lining projects as recently as 2023 and has
been satisfied with their work to date. Staff also confirmed that Musson Brothers Inc. bid bond is valid.
FINANCIAL IMPACT
The 2024 Sanitary Sewer Rehabilitation Project has a total budget of $200,000 from the Sanitary Sewer
Enterprise Fund, as well as $95,000 from a combination of grants provided from the Metropolitan Council
Environmental Services (MCES). The MCES grants acquired will be used for reimbursement of project work that
qualifies to reduce Inflow and Infiltration (I&I) from both public and private sanitary sewer sources.
The remaining budget available for the project, approximately $56,325, will be used towards the cleaning of
trunk sanitary sewer lines that was identified in the original project budget request.
STAFF RECOMMENDATION
Staff is recommending that the City Council move forward in adopting the attached resolution awarding the
contract to Musson Brothers Inc., in the amount of $238,675.00.
ATTACHMENTS
Resolution Receiving Bids and Awarding Contract
Project Map
IX-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION RECEIVING BIDS AND AWARDING CONTRACT FOR PROJECT 2024-2
2024 SANITARY SEWER REHABILITATION PROJECT
WHEREAS, pursuant to an advertisement for bids for Project 2024-2, the 2024 Sanitary Sewer Rehabilitation
Project, and bids were opened on June 21, 2024 and tabulated according to law, and the following bids were
received:
Bidder Total Bid
Musson Brothers Inc. – Waukesha, WI $238,675.00
Visu-Sewer, Inc. – Pewaukee, WI $244,957.00
and
WHEREAS, it appears that Musson Brothers Inc. is the lowest responsible bidder.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS:
1. The Mayor and Clerk are hereby authorized and directed to enter into a contract Musson Brothers
Inc.
2. The total amount of the contract is hereby declared to be $238,675.00.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 1st DAY OF JULY, 2024.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
IX-03
IX-03
City Council Memorandum
To: Mayor Fasbender & City Council members
From: Chris Eitemiller, Finance Manager
Date: July 1, 2024
Item: 2024-26 Audit Contract
Council Action Requested:
Approve acceptance of a new audit contract for years 2024-26.
Background Information:
The 2023 audit was the final year in the current contract with our audit firm, Bergan KDV. Bergan
KDV has provided the City with a quote for another three-year contract.
Staff wishes to accept this offer and procure their services for the next three years. They have worked
with the City for several years, and their familiarity with City staff and operations will be an asset as
the 2024 audit will be the first conducted from the new finance system, which was implemented in
May 2024.
As a point of comparison, for year ending 12/31/2023, our contract was for $43,400.
Financial Impact:
Per the attached quote, annual audit fees would be:
• Year ending 12/31/2024: $46,750
• Year ending 12/31/2025: $49,500
• Year ending 12/31/2026: $52,500
Committee Discussion:
Not Applicable
Attachments:
• 2024-26 audit fees quote from Bergan KDV
IX-04
June 12, 2024
Honorable Mayor and Members of the City Council and
Mr. Dan Wietecha , City Administrator
c/o Mr. Chris Eitemiller, Finance Manager
City of Hastings
101 4th Street East
Hastings, MN 55033
Honorable Mayor, Members of the City Council, Mr. Wietecha and Mr. Eitemiller:
Thank you for the opportunity to quote an extension of audit services for the City. We propose the
following the fee structure, which includes our firm preparing the Annual Comprehensive Financial
Report:
Year Ending December 31, 2024 $46,750
Year Ending December 31, 2025 $49,500
Year Ending December 31, 2026 $52,500
If during any of these years the City expends more than $1 million in federal grant funds, a Single
Audit in accordance with the provisions of the Uniform Guidance would be required. A separate fee
of $5,000 to $6,000 would apply to this separate compliance audit for the first major program
audited. If additional programs require an audit, we would negotiate a separate fee based on the
magnitude of the activity involved.
Thank you again for the opportunity to continue to serve the City of Hastings. If this quote meets
your needs, please sign below and we will provide an engagement letter to you.
Sincerely,
Ryan Engelstad, CPA
The City of Hastings accepts the quotes above for audit services.
____________________________ ________________________________
Signature Signature
____________________________ _______________________________
Title Title
IX-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: July 1, 2024
Item: PFAS Update
Council Action Requested:
Informational memo, no action requested at this time.
Background Information
Hastings has PFAS contamination in all six of our municipal wells (specifically PFOA in all six
wells and PFOS in two wells). We’ve also now found PFOA levels at 16 ppt, which is over the
EPA’s limit, in the future Well No. 9 site. The City has completed a Feasibility Study to consider
alternatives to mitigate the PFAS. The study recommended construction of three decentralized
water treatment plants for PFAS and Nitrate removal.
The Feasibility Study is a planning document, geared toward functionality and cost effectiveness,
not final sites. Public Works has begun identifying several potential sites for WTPs 2 and 3.
There is a strong preference to avoid residential neighborhoods. They need to be vetted against
engineering criteria such as proximity to water and sewer infrastructure, proximity to wells,
adequately sized water mains, road access, and location within pressure zones. Then they can be
modeled for feasibility and reviewed for cost estimates based on land acquisition and length of
watermains and sewer mains that would be needed. These options will be presented to the City
Council in August.
The general plan is to build one WTP per year for three years. Design work has started for WTP
1 which is located in the Industrial Park, a commercial site. This WTP would serve the wells
with the highest levels of PFAS and Nitrates. Several years ago, the City already installed
watermain for a future WTP due to the Nitrate treatment being anticipated. This WTP will likely
be put out for bids in early 2025.
The construction cost estimate is $68.9M. Without financial assistance, water rates would need
to double in two years and triple in four years. The City has been exploring and pursuing
multiple opportunities to offset this “budget buster” expense.
X-E-01
Key Updates
State Capital Budget: The City has submitted PFAS Treatment & Raw Water Lines for
consideration in the State’s 2024 Capital Budget due to the budget-busting expense, the fact that
the treatment is to remove contamination/pollution caused by others, and the suddenness of new
regulations preventing financial planning. Sen. Seeberger and Rep. Hudella have indicated
support and introduced SF 3161 and HF 3115.
The legislative session ended May 20 without passage of a bonding bill. We will need to weigh
options either to proceed at ratepayers’ expense without state assistance or to delay the project in
hopes of other funds coming through. In either case, we will continue to seek assistance (several
examples are listed below) as well as renew our State Capital Budget Request for next session.
We are meeting with our lobbyist July 2 to discuss federal support, maintaining relationships,
and potential state funding in the 2025 legislative session.
Congressionally Directed Spending / Community Project Funding: On April 26 and 29, we
submitted requests of Senator Klobuchar, Senator Smith, and Representative Craig for $10.3M
(50%) of the first phase of the project. This amount is higher than typically funded.
All three have advanced our request to their respective Appropriations Committees. Senator
Smith’s office said that approval would not occur until November at the earliest and potentially
into 2025. Representative Craig indicated that, if approved, it would very likely be at a lesser
amount.
PPL/IUP: In 2023, the City submitted the project for the State’s Drinking Water Revolving
Fund Project Priority List (PPL). On May 1, 2024, we re-submitted to correct errors and to
recognize new EPA regulations of MCLs for PFAS, which will result in our ranking at or near
the top of the list. Additionally, we submitted the first two phases of the project for the Intended
Use Plan (IUP) in early June. Although the Drinking Water Revolving Fund is not our preferred
funding source, it has the possibility of a $3M Emerging Contaminants Grant for each phase.
Water Rates: With budget planning for 2025 (including workshops on June 3 and June 17), we
will need to discuss potential water rate increases, phasing, and timing. At present, we are
looking at a rate increase around 35% to 40%. This would be the first of several increases
coinciding with construction of each of the three WTPs.
The City Council agreed that delaying the start of WTP 1 from bidding in September 2024 to
February 2025 was best. This allows for possible decisions on recent funding applications,
potential increases to water rates continue as part of the overall budget discussion for January
implementation, and offers more time for communication and transparency with residents.
X-E-01
3M Settlement: The 2018 Settlement Agreement provides grant money for drinking water
projects “in the East Metropolitan Area.” It is not limited to any specifically named cities or
townships and does not require a direction connection to one of the 3M disposal sites. Similarly,
Minnesota’s Conceptual Drinking Water Supply Plan does not require a direct connection to one
of the disposal sites. However, the State’s Co-Trustees (MPCA and DNR) have stated that a
direct connection should be required and has excluded Hastings from funding under the
Settlement Agreement.
Although we disagree with the Co-Trustees’ interpretation, we value our relationship with them
and have endeavored to not have this disagreement come between our mutual efforts. The
MPCA has been helpful in conducting Phase I and II environmental site assessments, requesting
3M to conduct additional investigation of its disposal site and hydraulic modeling in the Hastings
area, and has awarded a planning and design grant for Hastings to begin design engineering for
the treatment plants.
Additionally, the 2007 Consent Order does require a direct connection to one of the East Metro
disposal sites. This is extra important since the Co-Trustees have recently said that the
Settlement Funds will run out as they cover currently proposed East Metro projects.
We believe the environmental studies have resulted in several lines of evidence of a connection
of Well #5 to the 3M Cottage Grove site, specifically: updated Minnesota Geological Survey
mapping of a fault in the bedrock, presence of HQ115/TFSI in Well #5, and additional water
composition and PFOA chemical analyses. Although these studies are ongoing, we are
contacting the Co-Trustees about potential inclusion of this well in the 3M Settlement. In the
meantime, the environmental investigation will continue.
Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
Not applicable
X-E-01