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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, January 6, 2025 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Swearing in Elected Official:
Ward 1 Councilmember – DawnMarie Vihrachoff
Ward 2 Councilmember – Mya Beck
Ward 3 Councilmember – Lisa Leifeld
Ward 4 Councilmember – Tim Lawrence
V. APPROVAL OF MINUTES
Approve Minutes of the City Council regular meeting on December 16, 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: Approve Electric Funds Transfer Transactions
3. Resolution: Approve Annual Banking Depository
4. Resolution: Authorize Designee Signatures for Purposes of Banking Transactions
5. Resolution: Designate Official Newspaper
6. Approve 2025-2026 City Council Committee Assignments by Mayor Mary Fasbender
7. Resolution: Accept Donation from Shirley Frembgen to the Fire Department
8. Resolution: Accept Donation from Jeffrey and Stephanie Anderson to the Fire Department
9. Appoint Public Safety Advisory Commissioner Bryan Braun
10. Appoint Public Safety Advisory Commissioner Ryan Sherry
11. Approve Services Agreement with Blue Peak Consulting
12. Authorize Signature: Phase 1 Environmental Assessment of 1292 North Frontage Road
13. Resolution: Approve Temporary Gambling Permit from St. Croix Valley Motorcycle
Riders Association
14. Resolution: Imposing Sanctions Upon Tobacco License Holder Westview Smokes
15. Approve 2024 Budget Amendment: Facilities
16. Public Safety Advisory Commission (PSAC) 2024 Annual Report
Sign up to receive automatic notification of Council agendas
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City Council packets can be viewed in searchable format on the City’s website at
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IX. AWARDING OF CONTRACTS AND PUBLIC HEARING
These are formal proceedings that give the public the opportunity to express their concern, ask
questions, provide additional information, or support on a particular matter. Once the public
hearing is closed, no further testimony is typically allowed and the Council will deliberate
amongst itself and with staff and/or applicant on potential action by the Council.
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion
of the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
1. Resolution: Adopt 2025 CDBG Budget
D. Public Safety
E. Administration
1. PFAS Update
2. Red Rock Corridor & Great River Rail Joint Powers Agreements
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Tuesday, January 21, 2025 7:00 p.m.
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
Hastings, Minnesota
City Council Meeting Minutes
December 16, 2024
The City Council of the City of Hastings, Minnesota met in a regular meeting on Monday, December 16,
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
Community Development Director John Hinzman
Fire Chief John Townsend
Police Chief Dave Wilske
Parks and Recreation Director Chris Jenkins
Public Works Superintendent Joe Spagnoletti
Finance Manager Chris Eitemiller
Recognition of Milestone Employees
5 Years
Phil Nelson
James Heck
Ginger Glaser
Chad Schlichte
David Truax
Joshua Sirinek
Dan Wietecha
10 Years
Paul Young
Whitney Rinowski
Jerry Backlund
Phil Vargas
Bryce Thompson
35 Years
Kim Niederkorn
Recognition of Outgoing Commissioners
Jeannie Tribe, Arts & Culture Commission
Jen Fox, Hastings Economic Development and Redevelopment Authority
Dave Youngren, Heritage Preservation Commission
Bruce Karnick, Parks and Recreation Commission
Craig Santelman, Parks and Recreation Commission
Steven Anderson, Public Safety Advisory Commission
Melissa Blackstad, Public Safety Advisory Commission
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
Recognition of Outgoing Councilmember, Jen Fox
Dakota County Update, Commissioner Mike Slavik
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 December 6, 2024.
Minutes were approved as presented.
Comments from the Audience
Megan Majeski, 2002 4th Street East, expressed concern about hunting in the area around her
home noting that they cannot go outside without wearing an orange vest and that sheds have been hit by
BBs. She asked Council for a change to the buffer so no one will get hit by bullets.
Pete Likes, 3000 4th Street East, noted that the issues started when the property was sold to the
DNR and that there are different designated zones in the DNR property with different rules and that
hunters are not aware of the rules. Some of the properties affected are within city limits. The area makes it
difficult to enforce by local police or the DNR. Sheds and homes are getting peppered by BBs and he is
concerned someone will get hurt.
Cory Likes, 2900 4th Street East, indicated that his north property line runs adjacent to the DNR
property and he has bullet holes in the side of his house and many hunters in the area are not following
the rules of the property and no one is out there to enforce the rules.
Bruce Lapean, neighbor, agrees that he supports hunting, but the area needs more enforcement
and needs to be safe. Would like to participate in meeting with the DNR.
Bob Majeski, 1800 Brittany Road, would like to get parties together to discuss issues. The hunters
cannot see houses in some cases and sheds and homes are peppered with BBs. The local police
department cannot do much about the issue. He suggested improvements to visibility of roads and
structures. He is concerned about waiting until someone gets hurt to take action.
Consent Agenda
Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by
Councilmember Lawrence.
7 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Resolution No. 12-10-24: Accept Donation to the Parks and Recreation Department from the
Fleming Family
3. Resolution No. 12-11-24: Accept Donation to the Parks and Recreation Department from the
Almquist Family
4. Resolution No. 12-12-24: Accept Donation to the Parks and Recreation Department from the
Welch Family
5. Resolution No. 12-13-24: Accept Donation to the Police Department from the United Way of
Hastings
6. Resolution No. 12-14-24: Approve 2025 Massage Therapist Renewals
7. Resolution No. 12-15-24: Approve New Massage Therapy License for Kimberly Nigro
8. Reappoint HEDRA Commissioner – Horsch
9. Reappoint Planning Commissioners –Halberg, Peters, and Swedin
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
10. Heritage Preservation Commissioners – Reappoint Peterson and Simacek and Appoint Shilts-
Johnson
11. Reappoint Arts and Culture Commissioners – McCoy, Humphrey, and Maner
12. Reappoint Parks and Recreation Commissioners – Bower, Loomis, Smith, Strauss, and Zuzek
13. Reappoint Public Safety Advisory Commissioner - Caflisch
14. Appoint Tourism Bureau Members – Jenkins and Skelly
15. Declare Surplus Property and Authorize for Public Sale: Building Department
16. Declare Surplus Property and Authorize for Public Sale: Fire Department
17. Approve 2025 Committee Meeting Schedule
18. Approve 2025 Commission Meeting Schedule
19. 2nd Reading\Adopt Ordinance: City Code Chapter 34.03 – Fee Schedule
20. Accept Proposal and Authorize Work – AMI Tower No. 2 to be Located on the 4th Street
Water Tower
21. Resolution No. 12-16-24: Rescinding Assessment Appeal Waiver for SAC and WAC (214
2nd Street E)
22. Embedded Social Worker with Dakota County
a. Authorize Signature: Joint Powers Agreement
b. Authorize Signature: Management Control Agreement
Department of Natural Resources: Gores Pool #3 Wildlife Management Area
Wilske introduced Tim Pharis, DNR Wildlife Supervisor, and reviewed the current 2008
Memorandum of Understanding (MOU) with the Department of Natural Resources (DNR) which allowed
for hunting within City limits for small game, wild turkey, and archery hunting for deer. Wilske indicated
the original MOU agreed that a 200-foot buffer would be instituted for two properties during a special
deer management hunt, but a special hunt has never been instituted. The neighborhood affected by Gores
Pool #3 has changed over the years and the request to add the 200-foot buffer for certain properties has
been requested by homeowners. Wilske indicated the DNR has acquired additional land with Wildlife
Management Area Funds and is interested in discussions about amending the original MOU to
incorporate the newly acquired land and buffer discussion. Pharis offered a review of buffers for state
WMA land.
Council discussion on mobile device applications for land use, hunter regulations, and sources for
accurate information. Wilske shared various sources to obtain information and stay up to date. Discussion
about the options to inform hunters about the restrictions and characteristics of the area. Council
expressed appreciation for public comments and posed questions on potential Commission review.
Discussion about next steps for the topic as it is a safety concern. Wilske shared there are a number of
complaints received and staff worked with the Mr. Pharis to install additional signage in the area. Council
requested the topic to be well publicized.
Councilmember Leifeld motioned to move the topic to the Public Safety Advisory Commission
for further review and recommendations, seconded by Councilmember Vihrachoff.
7 Ayes, 0 Nays.
Announcements
• Visit this year's Hastings Holiday Lights Map on the City website to take a tour of homes and
businesses with outdoor lights and decorations.
• City Offices will be closed on Wednesday, December 25, in recognition of Christmas and on
Wednesday, January 1, in recognition of New Years Day.
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
• Ever want to ice fish but don’t have the equipment or know-how? Join us from 9 to noon at Lake
Rebecca Park on Saturday, January 4. No license is needed under our DNT waiver for this event.
Registration is required.
• Explore the outdoors on a free guided snowshoe hike through floodplain forest and prairie lands with
a park naturalist at Jaycee Park, on Sunday, January 5. Snowshoes and instruction provided.
Registration required.
• Recycle your old lights with the Hastings Holiday Lights Drop Off Collection. Residents can drop-off
their unwanted light strands at the Joint Maintenance Facility, 920 – 10th Street West, during the
holiday season from November 15 to January 31.
Meetings
• Heritage Preservation Commission Meeting on Tuesday, December 17, 2024 at 7:00 p.m.-
Cancelled
• Parks and Recreation Commission Meeting on Wednesday, December 18, 2024 at 6:00 p.m. -
Cancelled
• Public Safety Advisory Commission Meeting on Thursday, December 19, 2024 at 6:30 p.m.
• Planning Commission Meeting on Monday, December 23, 2024 at 7:00 p.m. - Cancelled
• City Council Workshop on Monday, January 6, 2024 at 5:30 p.m.
• City Council Meeting on Monday, January 6, 2024 at 7:00 p.m.
Councilmember Fox motioned to adjourn the meeting at 8:46 PM, seconded by Councilmember
Leifeld. Ayes 7; Nays 0.
___________________________ ____________________________
Kelly Murtagh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 01/02/2025
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of Nov 2024 CC payments.
Council review of weekly routine disbursements issued 12/19/2024, 12/24/2024, and 12/31/2024.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
01/07/2025.
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:
Nov 2024 CC Payments $ 22,093.02
Disbursement checks, ACH issued on 12/19/2024 $ 40,101.66
Disbursement checks, ACH issued on 12/24/2024 $ 366,834.00
Disbursement checks, ACH issued on 12/31/2024 $ 65,465.58
Disbursement checks, ACH to be issued on 01/07/2025 $ 307,188.81
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
VIII-01
Vendor Description Amount Account
Department Of Labor An Oct Building Permit Surcharge Report 1,268.36 101-0000-2015.0000
Hasting Golf Club Moto City Council Workshop 11/18/2024 122.03 101-1021-6450.0000
Checkr, Inc Checkr.Com October backgrounds 874.00 101-1052-6307.0000
Officemax/Depot 6337 Office chairs - Megan, Kelly 709.83 101-1052-6319.0000
The Confluence Hotel deposit for holiday lunch 1,000.00 101-1052-6319.0000
Column Public Notice public notice publication in Hastings Journal 1,327.29 101-1071-6335.0000
Labels Direct Inc Labels for Elections Printers 160.89 101-1072-6217.0000
Hastings Area Chamber Receipt for AI workshop offered by the Hastings Chamber 10.00 101-1073-6323.0000
Walgreens #5048 photo copy for council frame 2.42 101-1073-6331.0000
Localpigeon.Com Online advertising through HastingsNow blog 100.00 101-1073-6331.0000
Www.Peachjar.Com Snowshoe Guided Hike flyer for schools 100.00 101-1073-6331.0000
Www.Peachjar.Com Ice fishing flyer distributed to schools. 100.00 101-1073-6331.0000
Facebk Qs694fq6p2 Holiday Lights Tour sign up advertising on Facebook and Insta 133.11 101-1073-6331.0000
Www.Peachjar.Com Holiday Lights Flyer distributed to schools 200.00 101-1073-6331.0000
Government Finance Off 2025 National GFOA membership 225.00 101-1201-6323.0000
Sq Cleanmachinemailin Clean Machine 95.95 101-1201-6561.0000
The Webstaurant Store City Hall garbage and recycle cans 561.55 101-1401-6211.0000
Amazon Mark 3o4nf9vn3 Door stop, keyboard cover, shipping 3.59 101-1401-6217.0000
Menards Cottage Grove Truck cell phone holder 14.85 101-1401-6217.0000
Menards Cottage Grove supplies, cups, buckets 54.08 101-1402-6353.0000
Amazon Mark Yx8rb1kd3 Gooseneck to hold camera over boiler screen 34.97 101-1403-6353.0000
Amazon Mark 3o4nf9vn3 Door stop, keyboard cover, shipping 36.94 101-1403-6353.0000
Amazon Mktpl Co0p01pv3 council ipad case, screen protector, bluetooth dongle for Sam's pc 79.78 101-1601-6217.0000
Comcast Cable Comm Cable 84.90 101-1601-6308.0000
Eig Constantcontact.Co Monthly billing for email marketing tool. 4.29 101-1601-6310.0000
Eig Constantcontact.C Monthly contract for email marketing tool and service 87.40 101-1601-6310.0000
Att Bill Payment PD Cell Phone 49.92 101-1601-6321.0000
Peerless Network Inc phone - Peerless 339.92 101-1601-6321.0000
Amazon.Com Dm8sc1zh3 AAA batteries for various PD tools 14.00 101-2010-6201.0000
Innovative Office Solu Office supplies 133.61 101-2010-6201.0000
Sherwin-Williams703013 Paint and cleaner for Reserve Office painting 56.72 101-2010-6217.0000
Bca Training Education BCA Training for J. Domeier 300.00 101-2010-6323.0000
Terry S Hardware Paint Rollers for new Reserve Office 16.47 101-2010-6353.0000
Hometown Ace Hardware Jumper Cables for squads/rivets for pitagone barriers 33.09 101-2010-6353.0000
Trophies Plus Of Hasti Medal of Valor Award 160.00 101-2010-6450.0000
Amazon Mktplace Pmts Refund due to shipping issue -39.98 101-2020-6450.0000
Amzn Mktp US 0g3nr20q3 wellness prize items 14.98 101-2020-6450.0000
Amzn Mktp US Ri09t3av3 wellness items 33.23 101-2020-6450.0000
Amazon.Com 1b7gv5q93 Hydration Challenge Prize 40.00 101-2020-6450.0000
Amzn Mktp US Oc06o3hh3 wellness items 41.95 101-2020-6450.0000
Amazon Mark Nn4wa2kj3 Wellness Prize 56.98 101-2020-6450.0000
Amazon Mktpl 095if6113 wellness items 171.18 101-2020-6450.0000
Amazon Mktpl St5o42313 wellness items 414.54 101-2020-6450.0000
Hy-Vee Cottage Grove 1 Biometric Screenings with Hy Vee 630.00 101-2020-6450.0000
Atlas Pet Stillwater dog food 104.99 101-2219-6231.0000
Hudson Road Animal Hos Annual vet appointment 357.77 101-2219-6231.0000
Rascals Bar & Grill NDCBO lunch 84.91 101-2301-6323.0000
Wm Supercenter #1472 snow brushes 42.75 101-2301-6354.0000
Amazon Reta Em6rn98h3 Smart Level Replacements for Field Inspection 650.00 101-3100-6204.0000
Wal-Mart #1472 wall mount for pw small meeting room 70.28 101-3100-6217.0000
2024 Apwa-Mn Fall Conf 2024 APWA Conference - John Caven 367.20 101-3100-6323.0000
Menards Cottage Grove Hanger, tees, couplings, elbows, nipples 126.27 101-3200-6217.0000
Amazon Mktpl 137mq5033 Carburetor 24.99 101-3200-6353.0000
Menards Cottage Grove Downtown lights 57.53 101-3201-6353.0000
Tennis Sanitation Recycle, garbage 103.08 101-4501-6311.0000
Grand Arbor Supply saw blades 294.31 101-4502-6240.0000
Amazon Mktpl Vl65s5qv3 Towels for snowshoes, office supplies 13.98 200-4420-6450.0000
Fleet Farm 6500 ship grant expenses for snowshoe rental 356.85 200-4420-6450.0000
Uline Ship Supplies Storage Shed for Snowshoe Pickup 531.40 200-4420-6450.0000
Amazon Mark K878f8bs3 wrong size -15.99 200-4440-6201.0000
Amazon Mktplace Pmts Return paper rolls - wrong size -9.80 200-4440-6201.0000
Amazon Mktpl Qs5q31cm3 Sign Holders & receipt paper for fuel inventory 36.69 200-4440-6201.0000
Amazon Mktpl Vl65s5qv3 Towels for snowshoes, office supplies 45.42 200-4440-6201.0000
Amazon Mark K878f8bs3 copy paper 65.39 200-4440-6201.0000
Fleet Farm 6500 Rec supplies for events and party wagon 175.94 200-4440-6214.0000
Amazon.Com Zq8cz1qg1 AA Batteries 9.48 200-4440-6217.0000
Amazon.Com A070738b3 AAA Batteries 15.72 200-4440-6217.0000
Menards Cottage Grove Misc bolts 76.42 200-4440-6217.0000
Amazon.Com 4x9sp6s23 Brady Endres, clothing 329.96 200-4440-6218.0000
Menards Cottage Grove lumber 27.30 200-4440-6228.0000
Walls Enterprises #00 Grinding Wheels 197.85 200-4440-6350.1000
Abc Rentals Inc plow install on ford 280.00 200-4440-6354.0000
Abc Rentals Inc Snow plow mount and installation 1,838.00 200-4440-6354.0000
CC Payment
Nov-24
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Fleet Farm 6500 Bolts 74.54 200-4440-6356.0000
Amazon Mark 9n0169xp3 ramp for shed 122.94 200-4440-6356.0000
Kolorcans lids 3,009.64 200-4440-6356.0000
Spotify music for events 12.96 200-4440-6433.0000
Wm Supercenter #1472 candy return -219.76 200-4440-6494.0000
Amazon Reta 3a7ei0p03 Sweatshirts for Cory 106.60 202-4101-6218.0000
Wm Supercenter #1472 Office supplies 32.92 202-4320-6217.0000
Amz Www.Thesnowplow.Replacement shovel heads 55.89 202-4320-6217.0000
Infraredhea Coupler for CoRayVac heat 85.90 202-4320-6217.0000
Coborns Superstore Seasoning Salt for French Fries 16.47 202-4320-6254.0000
Amazon Reta Ax8qf2dy3 cleaning supplies for station 190.87 213-2100-6211.0000
Amzn Mktp US 499k14493 Vacuum for station 374.99 213-2100-6211.0000
Hometown Ace Hardware station supplies 14.25 213-2100-6217.0000
Terry S Hardware spray paint for hazardous sidewalk curb 22.85 213-2100-6217.0000
Wm Supercenter #1472 station supplies 77.91 213-2100-6217.0000
Wm Supercenter #1472 supplies for station 94.46 213-2100-6217.0000
Wm Supercenter #1472 Supplies for Candy Crawl downtown 97.05 213-2100-6217.0000
Walgreens #5048 Supplies for Candy Crawl downtown 146.22 213-2100-6217.0000
Wm Supercenter #1472 Station supplies 256.66 213-2100-6217.0000
Amzn Mktp US 3801m9r73 Paint for bottom of Boat #1 111.80 213-2100-6221.0000
Amzn Mktp US H06f49p03 Paint for bottom of boat #1 346.99 213-2100-6221.0000
The Home Depot #2810 Light fixture 21.72 220-4603-6353.0000
Fleet Farm 6500 Halloween Candy for DBA Event 56.20 221-2010-6450.0000
Edam Econ Dev Assoc of MN Annual Dues 565.00 407-1502-6433.0000
Amazon Mktpl X41xd9qu3 Fire Hose Adapter 22.77 600-3300-6217.0000
Amazon Mktpl C03ew1rd3 Phone Headset 170.71 600-3300-6217.0000
Fleet Farm 6500 Bushing 3.99 600-3300-6357.0000
Amazon Mktpl Fy8at4j83 Switch 33.23 600-3300-6357.0000
Amazon Mktpl C841x8jr3 Antenna cable 55.84 620-3500-6353.0000
Amazon Mark 1i2s95p33 Part for new brush truck 14.88 703-6006-6580.0000
TOTAL 22,093.02
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VIII-01
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION _____________
A RESOLUTION ALLOWING ELECTRONIC FUNDS TRANSFER TRANSACTIONS
WHEREAS, the banking industry has promoted electronic funds transfer to reduce paper
transactions, move resources more rapidly and respond to customer demands; and
WHEREAS, Minnesota State Statute §471.38 subdivision 3 defines electronic funds
transfer as the process of value exchange via mechanical means without the use of checks, drafts,
or similar negotiable instruments; and
WHEREAS, Minnesota State Statues §471.381 states that payment of claims,
obligations and investment transactions of a statutory city may be made by warrant, check, or all
forms of electronic or wire funds transfer and that a statutory city may accept payment by use of
a credit card, debit card, or all forms of electronic or wire funds transfer; and
WHEREAS, the Hastings City Council acknowledges this technology and the need for
electronic fund transfer transactions both coming into and going out of the city bank and
investment accounts; and
NOW, THEREFORE BE IT RESOLVED, the City of Hastings Finance Manager and
Assistant Finance Manager or Finance Manager Designee may accept and make payment by
electronic funds transfer and wire transfer provided that these electronic funds transfer and wire
transfer transactions meet all of the required policies of the financial institutions the City of
Hastings transacts with.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 6th
DAY OF JANUARY 2025.
______________________________
Mary Fasbender, Mayor
ATTEST:
_____________________________________
Kelly Murtaugh, City Clerk
VIII-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION _____________
A RESOLUTION DESIGNATING THE OFFICIAL BANKING DEPOSITORIES AND
APPOINTING FINANCE MANAGER AS DESIGNATED AUTHORITY FOR
APPROVAL
WHEREAS, State of Minnesota Statutes § 118 sets forth the procedures for the deposit
of Public Funds and it is policy of the Hastings City Council to authorize the Finance Manager to
annually designate a bank as the official depository for the city funds and manager the collateral
pledged to such funds; and
WHEREAS, Merchants Bank of Hastings is now the official depository; and
WHEREAS, State of Minnesota Statues § 118 sets forth the requirements for the
Designation of Depositories, and the insuring and/or securing of deposits; and
WHEREAS, it has also been the policy of the Hastings City Council to delegate the
authority to the Finance Department to designate the official depositories for banking needs and
for investment purposes; and
NOW, THEREFORE BE IN RESOLVED, that the Hastings City Council does hereby
delegate the authority to the Finance Manager to designate the necessary investment depositories
for 2024; and
BE IT FURTHER RESOLVED, that the Finance Manager or the Finance Manager’s
designee of the City of Hastings is hereby designated as the approval authority for the acceptance
and release of all collateral to be held in conjunction with city funds on deposit with authorized
instructions.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 6th
DAY OF JANUARY, 2025.
______________________________
Mary Fasbender, Mayor
ATTEST:
_____________________________________
Kelly Murtaugh, City Clerk
VIII-03
ATTEST:
_____________________________________
Kelly Murtaugh, City Clerk
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION _____________
A RESOLUTION FOR THE CITY OF HASTINGS AUTHORIZING INDIVIDUALS AS
DESIGNEE SIGNATURES FOR PURPOSES OF BANKING TRANSACTIONS
WHEREAS, the City of Hastings conducts many banking transactions throughout the
year with a variety of financial institutions; and
WHEREAS, most of these financial institutions require some written notification as to
the authorized signatures for the City; and
NOW, THEREFORE BE IN RESOLVED, that the Hastings City Council does hereby
authorize the following individuals as approved for the City’s checking account(s): Mary
Fasbender, Mayor; Dan Wietecha, City Administrator; and Chris Eitemiller, Finance Manager;
and
BE IT FURTHER RESOLVED, that the Hastings City Council does hereby authorize
Finance Manager Chris Eitemiller and Assistant Finance Manager Ashley DeBernardi (in the
absence of the Finance Manager) to conduct such other necessary banking transactions as
necessary (wire transactions, ACH transactions, etc.) and to conduct City business with other
financial institutions including to manage the financial transactions that relate to the sale of
Renewable Energy Credits (REC’s).
ADOPTED BY THE CITY COUNCIL OF THE CITY OF HASTINGS, THIS 6th
DAY OF JANUARY, 2025.
______________________________
Mary Fasbender, Mayor
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: January 6, 2025
Item: Designation of Official Newspaper
Council Action Requested:
Adopt the attached resolution designating the Hastings Journal as the official City newspaper.
Background Information:
The City Charter, Section 7.03, dictates that the City Council may annually designate the official
City newspaper. The term “may” is nonrestrictive, implying the City could designate a paper
either more or less frequently than annual, including the authority to change official newspapers
mid-year.
Financial Impact:
Anticipated publication costs are budgeted.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-05
CITY OF HASTINGS
DAKOTA COUNTY
RESOLUTION _______________
A RESOLUTION DESIGNATING OFFICIAL NEWSPAPER
WHEREAS, it is necessary for the Hastings City Council to designate a newspaper of
local general circulation as the official legal newspaper for the City;
WHEREAS, the Hastings Journal continues to meet all necessary requirements for
designation;
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hastings,
Minnesota that the Hastings Journal is designated as the official newspaper for the City of
Hastings.
Adopted on this 6th day of January, 2025.
_______________________________
Mary D. Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-05
City Council Memorandum
To: City Councilmembers
From: Mayor Fasbender
Date: January 6, 2025
Item: City Council Committee Appointments
Council Action Requested:
Approval of Acting Mayor and Council Committee Appointments for 2025-2026.
Background Information:
Committee Appointments are attached.
Financial Impact:
n.a.
Committee Discussion:
n.a.
Attachment:
2025-2026 Committee Appointments
VIII-06
2025-2026
City Council Committees and Liaisons
Administrative Committee
*Haus
Lawrence
Vihrachoff
Finance Committee
*Vihrachoff
Beck
Leifeld
Historic Preservation Committee
*Beck
Haus
Pemble
Parks and Recreation Committee
*Beck
Lawrence
Vihrachoff
Planning Committee
*Lawrence
Haus
Vihrachoff
Public Safety Committee
*Leifeld
Lawrence
Vihrachoff
Operations Committee
*Leifeld
Beck
Pemble
Utilities Committee
*Pemble
Beck
Lawrence
Red Rock / Great River Rail
Pemble
Dakota 911
Pemble
Alternate: Fasbender
HEDRA (term coincides with City Council)
Haus
Pemble
Acting Mayor
Leifeld
VIII-06
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: January 6, 2025
Item: Accept Donation from Shirley Frembgen
Council Action Requested:
Council is asked to accept a donation from Shirley Frembgen of $100.00 for the Hastings Fire Department.
Background Information:
Shirley Frembgen is donating $100.00 to the Hastings Fire Department.
The City of Hastings is appreciative of this generous Donation.
Financial Impact: Increase fire department’s donation account.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Resolution
VIII-07
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ___________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, Shirley Frembgen has made a donation to be designated to
the fire department; and
WHEREAS, the City Council is appreciative of the donation and
commends Shirley Frembgen for her civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; That the donation is accepted and acknowledged with
gratitude; and
Adopted this 6th day of January, 2025.
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-07
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: January 6, 2025
Item: Accept Donation from Jeffrey and Stephanie Anderson
Council Action Requested:
Council is asked to accept a donation from Jeffrey and Stephanie Anderson in the amount of $200.00 for the
Hastings Fire Department.
Background Information:
Jeffrey and Stephanie Anderson are donating $200.00 to the Hastings Fire Department.
The City of Hastings is appreciative of this generous donation.
Financial Impact: Increase fire department’s donation account
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Resolution
VIII-08
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, Jeffrey and Stephanie Anderson has made a donation to be
designated to the fire department; and
WHEREAS, the City Council is appreciative of the donation and
commends Jeffrey and Stephanie Anderson for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota; That the donation is accepted and acknowledged with
gratitude; and
Adopted this 6th day of January, 2025.
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-08
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: January 6, 2025
Item: Public Safety Advisory Commissioner Appointment
Council Action Requested:
Council is asked to appoint Bryan Braun to a two-year term on the Public Safety Advisory
Commission.
Background Information:
Mr. Braun participated in an oral interview before a panel consisting of City Council Member Fox,
PSAC Chair Theresa Auge, City Administrator Dan Wietecha, and Fire Chief John Townsend.
At the conclusion of the interview, the panel unanimously recommended Mr. Braun.
This term will commence on 01/01/2025 to 12/31/2026 and will take the place of Melissa Blackstad who
completed the term.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission Chair, Auge.
Council Committee Discussion:
N/A
Attachments: None
VIII-09
City of Hastings 101 Fourth Street East Hastings, MN 55033-1944 Phone: 651-480-2350 www.hastingsmn.gov
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: January 6, 2025
Item: Public Safety Advisory Commissioner Appointment
Council Action Requested:
Council is asked to appoint Ryan Sherry to a one-year term on the Public Safety Advisory
Commission.
Background Information:
Mr. Sherry participated in an oral interview before a panel consisting of City Councilmember Fox,
PSAC Chair Theresa Auge, City Administrator Dan Wietecha, and Fire Chief John Townsend.
At the conclusion of the interview, the panel unanimously recommended Mr. Sherry.
This term will commence on 01/01/2025 to 12/31/2025 and will take the place of Steven Anderson who
resigned their term in 2024.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission Chair, Auge.
Council Committee Discussion:
N/A
Attachments: None
VIII-10
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: December 20, 2024
Item: Approve Services Agreement with Blue Peak Consulting
Council Action Requested:
Approve services agreement with Blue Peak Consulting. This agreement provides mental health and
resiliency services with PAR 360.
Background Information:
This agreement provides continuation of mental health resources, training, and services to the city’s fire
department staff. Fire and EMS personnel are subject to a significant amount of challenges that impact
their mental health and wellness. The PAR 360 program provides: consultation for all levels of
department leadership, resiliency training, specially trained mental health providers for staff in need of
consultation, family support, department check-ins, and a consistent approach to the wellness of our
staff. This program is an ongoing annual program.
Financial Impact:
Budgeted item-mental health budget and training budget. This is also eligible for some state
reimbursement.
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Agreement
VIII-11
BLUE PEAK CONSULTING
ORGANIZATIONAL SERVICES AGREEMENT
This Event Agreement is entered into and effective as of this 1st day of January 2025 (the “Effective
Date”), by and between the Hastings Fire Department (“Client”), having an address of 115 5th St W.,
Hastings, MN 55033 and Blue Peak Consulting (“Company”), having an address of 1640 Hampshire Ave
North, Golden Valley, MN 55427.
In consideration of Client retaining Company to provide event services, it is agreed as follows:
1. SCOPE OF EVENT SERVICES
Client hereby retains the Company to provide event services in the area of mental health and resilience at
PAR360 from 01/01/25 until 12/31/25 (the “Event” of “Events”).
(a) The services shall include the following:
1. Embedded Department Visits – Visits to the department once every five weeks; consultation, care, trainings, and support
may be done during these visits.
2. Priority Care Coordination– Immediate expert assistance via a call line for referrals and resources. This can be conducted
on site during embedded department visits or by phone when needed in between visits ensuring no one is left behind.
3. Individual Pre-Plan Meetings – Dedicated annual sessions for resilience pre-planning sessions with behavioral health
providers familiar with firefighter challenges; these will be conducted on site during clinician visits.
4. Crisis Response – Response that focuses on building resiliency and communication after a traumatic event has occurred
with department personnel; up to 40 hours that can be used annually. Additional hours needed that exceed 40 hours will be
billed separately.*
5. Stress Management Modules– Online self-paced training modules for all department members.
6. Chief Consultation and Support – Ongoing direct line for Chiefs to mental health experts. Monthly Chief conference calls
of all PAR360 member Chiefs to address concerns and issues unique to respective departments and provide networking
and problem sharing/solving opportunities.
(b) Additional services, beyond those described above, will require additional fees to be discussed
and agreed upon by the parties.
2. CLIENT DUTIES
(a) Compensation: In consideration for the services provided by Company to Client as set forth in
paragraph 1 above, Client agrees to pay Company a total Event Fee of $15,500.00 (the “Event Fee”).
Company’s obligation to render services hereunder is conditioned upon Client’s payment of said fee on a
timely basis. The Event Fee was calculated as Follows:
46 Firefighters x $336.96 = $15,500.00 For 2025
VIII-11
BLUE PEAK CONSULTING
*Additional crisis response hours that exceed 40 hours will be billed separately a$200 / hour.
(b) The Event Fee shall be paid according to the following schedule:
i. Total Event fee will be broken into two equal payments over the course of the contract (50%;
or $7,750.00) of the total Event Fee ($15,500.00).
ii. Invoices will be submitted on or close to the following dates and are due within 30 days of
invoice date:
a. January 1st, 2025
b. July 1st, 2025
A lump sum payment of remainder balance of Total Event Fee can be made at any time with no
penalty.
iii. Total Event Fee is based on a projected 46 personnel within the Hastings Fire Department
at the time of 1.1.25. Client will provide Company with an active roster of personnel as of
1.1.25; any additional personnel above the 46 projected will be an additional $336.96 per
individual. The additional cost will be added to the Total Event Fee on the last invoice
submitted by Company and Client agrees to pay the additional amount if roster is above the
projected 46 personnel.
(b) Late Payments: All payments due under this Agreement will be considered late and in arrears if not paid within
ten (10) days of the due dates specified in Paragraph 1(a) and will become subject to a late penalty fee of 2.5% of the
balance owed plus interest calculated at the annualized rate of 18% per annum, or 1.5% compounded monthly, or the
maximum allowed by law.
(c) Late Payments: All payments due under this Agreement will be considered late and in arrears if not
paid within ten (10) days of the due dates specified in Paragraph 1(a) and will become subject to a late
penalty fee of 2.5% of the balance owed plus interest calculated at the annualized rate of 18% per annum,
or 1.5% compounded monthly, or the maximum allowed by law.
(d) Tools to be Provided by Client: Client agrees to provide all tools, information and documentation that
may be required by the Company to effectively perform said responsibilities in connection with the
performance of event services.
(e) Travel Expenses: Client agrees to reimburse Company for travel expenses incurred by Company on
Client’s behalf. These expenses include the following: airfare, transportation, all meals during the travel
period and hotel (up to 2 nights). Both Client and Company will agree to the travel expenses prior to
commencement. Company agrees to provide Client with a travel expense invoice, and Client agrees to
make payment to Company within 60 days from the date of delivery of said travel expense invoice to
Client.
VIII-11
BLUE PEAK CONSULTING
(f) Additional Client Duties: Client shall provide laptop, or other mechanism in which to project
PowerPoint presentation materials, as well as a microphone and water for any in-person educational
training events, at Client’s expense.
3. TERM
This engagement shall commence on the Effective Date and shall continue through completion of the
event services or cancellation by either party in accordance with paragraph 4.
4. CANCELLATION
Client may cancel this Agreement for any reason by providing 30 days written notice to the Company.
The Company will provide a 50% refund of the total Event Fee to Client, if cancellation is communicated
to the Company within 30 days of the End of Subscription period. Client will not provide any refund to
Client if cancellation is communicated to the Company in less than 30 days of the End of Subscription
Period. Cancellation of this Agreement by Client will not extinguish Client’s obligation to pay the travel
expenses specified in Paragraph 2(d) and incurred by Company prior to the cancellation date. Company
may cancel this Agreement at any time for any reason by providing written notice to Client. In the event
that Company cancels this Agreement, Company will provide a full refund of the Event Fee paid.
5. NO GUARANTEES
Company cannot guarantee the outcome of event services and Company’s comments about the outcome
are expressions of opinion only. Company makes no guarantees other than that the services described in
Paragraph 1(a) shall be provided to Client in accordance with the terms of this agreement. Client
acknowledges that Company cannot guarantee any results for event services and such outcomes are
based on subjective factors that cannot be controlled by Company.
6. CONFIDENTIALITY
(a) Client Information: Any and all Client information and data of a confidential nature, including but not
limited to any and all design, creative, marketing, sales, operating, performance, know how, business and
process information (hereinafter referred to as “Confidential Information”), shall be treated by Company
in the strictest confidence and not disclosed to third parties or used by Company for any purpose other
than for providing Client with the services specified hereunder without Client’s express written consent.
Confidential Information shall not include any information which (a) becomes available to the public
through no breach of confidentiality by Company, (b) was in Company’s possession prior to receipt from
the disclosure, (c) is received by Company independently from a third party free to disclose such
information, or (d) is independently developed by Company without use of the Client’s Confidential
VIII-11
BLUE PEAK CONSULTING
Information. Upon request, Company hereto will promptly return or destroy all documents containing
Confidential Information and delete all electronic records of or containing the same.
7. INDEPENDENT CONTRACTORS
(a) Independent Contractor Relationship: This Agreement shall not render Company an employee,
partner, agent of or joint venturer with the Client for any purpose. Company is and will remain an
independent contractor in its relationship to the Client. Company is or remains open to conducting
similar tasks or activities for entities other than the Client and holds itself out to the public to be a
separate business entity. Company shall retain sole and absolute discretion in the manner and means of
carrying out the activities and responsibilities under this Agreement. Company shall be responsible to the
ownership and management of the Client, but Company will not be required to follow or establish a
regular or daily work schedule. Company will not rely solely on the equipment or offices of Client for
completion of tasks and duties set forth pursuant to this Agreement. Any advice given to Company
regarding services performed for the Client shall be considered a suggestion only, not an instruction.
Client retains the right to inspect, stop or alter the work of Company to assure its conformity with this
Agreement and Client needs. Company and Client agree to conform to any and all IRS tests necessary to
establish and demonstrate the independent contractor relationship between Client and Company.
(b) Taxes & Benefits: Company will be responsible for filing its own tax returns and to pay taxes in
accordance with all provisions of applicable Federal and State law. Client shall not be responsible for
withholding taxes with respect to Company’s compensation. Company shall have no claim against Client
for vacation pay, sick leave, retirement benefits, social security, worker’s compensation, health or
disability benefits, unemployment insurance benefits or employee benefits of any kind.
8. LIMITED LICENSE
The Company hereby grants to Client a limited license to use Company’s name, photograph, and likeness
in, and in connection with advertising and promotional materials to promote this singular event. The
Company also grants the Client a limited license to record Client’s Event and use the audio and/or video
recording of the Event after the event for any purpose, provided that attribution of the content of the
video is given to Company and no derivative works are created therefrom without prior written consent
of the Company.
9. FORCE MAJEURE
Neither party is liable for failure or delay in performance of the party's obligations under said agreement
if such failure or delay in performance is as a result of causes and/or circumstances beyond the parties
reasonable control and without its fault or negligence, including but not limited to accident, illness, Acts
of God (including fire, flood, earthquake, storm, hurricane, or other natural disaster) or of the Public
Enemy, acts of war, acts of the government in its sovereign capacity, fires, floods, epidemics, quarantine
VIII-11
BLUE PEAK CONSULTING
restrictions, unusually severe weather, terrorist activities, nationalization, government sanction,
blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or telephone
service.
Should any such occurrence impede or delay travel and execution of any obligation under said
agreement, every reasonable effort will be made by both parties to mitigate, modify or alter said
agreement as to meet their stated and agreed upon obligations. No party is entitled to terminate this
Agreement under Paragraph 3 (Term) in such circumstances, except by mutual consent and agreement in
writing pursuant to the Force Majeure provisions. If a party asserts Force Majeure as an excuse for failure
to perform the party's obligation, then the nonperforming party must prove that the party took
reasonable steps to minimize delay or damages caused by foreseeable events, that the party substantially
fulfilled all non-excused obligations, and that the other party was timely notified of the likelihood or
actual occurrence of an event described in in this Paragraph 10. Should Force Majeure render the need
for Company's services null and void, each party to this contract agrees to terminate the contract
amicably and bear their own expenses incurred to date unless otherwise indicated or specified.
10. WARRANTIES
(a) Company’s Warranties: Company represents, warrants and covenants that Company has full authority
to enter into this Agreement and that all of the services, will be rendered using sound, professional
practices and in a competent and professional manner by knowledgeable and qualified personnel.
(b) Client’s Warranties: Client represents, warrants and covenants that Client has full authority to enter
into this Agreement and has or will obtain, during all times relevant hereunder, all of the necessary
consents, rights, licenses, clearances, releases or other permissions to lawfully consummate the
transactions and lawfully discharge, in all material respects, each and every of Client’s obligations or
duties set forth hereunder, whether performance is due now or hereafter during the Term.
(c) EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED THROUGHOUT THIS AGREEMENT, NEITHER
PARTY MAKES ANY OTHER WARRANTIES, EXPRESS OR IMPLIED.
11. LIMITATION OF LIABILITY
With regard to the services to be performed by the Company pursuant to the terms of this Agreement, the
Company shall not be liable to Client, or to anyone who may claim any right due to any relationship with
Client, for any acts or omissions in the performance of services on the part of the Company or on the part
of the agents or employees of the Company, except when said acts or omissions of the Company are due
to willful misconduct or gross negligence. The services provided by Blue Peak Consulting LLC DO NOT
create a doctor-patient or therapist-patient relationship. Information provided DOES NOT create a
doctor-patient or healthcare practitioner-patient relationship between you and Blue Peak Consulting LLC
or its personnel.
12. EFFECT OF HEADINGS
VIII-11
BLUE PEAK CONSULTING
The subject headings of the paragraphs and subparagraphs of this Agreement are included for
convenience only and shall not affect the construction or interpretation of any of its provisions.
13. ENTIRE AGREEMENT; MODIFICATION; WAIVER
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter
contained in it and supersedes all prior and contemporaneous agreements, representations, and
understandings of the parties. No supplement, modification or amendment of this Agreement shall be
binding unless executed in writing by all the parties. No waiver of any of the provisions of this Agreement
shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party
making the waiver.
14. NEUTRAL CONSTRUCTION
This Agreement was prepared by Company and/or Company’s legal counsel. It is expressly understood
and agreed that this Agreement shall not be construed against Company merely because it was prepared
by its counsel; rather, each provision of this Agreement shall be construed in a manner which is fair to
both parties.
15. COUNTERPARTS
This Agreement may be executed in one or more counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
16. ASSIGNMENT
This Agreement shall be binding on, and shall inure to the benefit of, the parties to it and their respective
heirs, legal representatives, successors, and assigns; provided, however, that Client may not assign any
of its rights under this Agreement, except to a wholly owned subsidiary entity of Client. No such
assignment by Client to its wholly owned subsidiary shall relieve Client of any of its obligations or duties
under this Agreement. The Company may assign its rights under this Agreement and make use of third
party independent contractors to provide services at its sole discretion.
17. NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and
shall be deemed to have been duly given on the date of service if served personally on the party to whom
notice is to be given, or on the day after mailing if mailed to the party to whom notice is to be given, by
first class mail, registered or certified, postage prepaid, and properly addressed as follows:
To Company at: Blue Peak Consulting: 1640 Hampshire Ave N., Golden Valley, MN 55427
VIII-11
BLUE PEAK CONSULTING
To Client at: Hastings Fire Department, 115 5th St W., Hastings, MN 55033
Any party may change its address for purposes of this paragraph by giving the other parties written
notice of the new address in the manner set forth above.
18. GOVERNING LAW; VENUE; MEDIATION; ARBITRATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
Minnesota as applied to contracts that are executed and performed entirely in Minnesota. The exclusive
venue for any court proceeding based on or arising out of this Agreement shall be Ramsey County,
Minnesota. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or
relating to this Agreement by mediation, which shall be conducted under the then current mediation
procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon
which the parties may agree. The parties further agree that their respective good faith participation in
mediation is a condition precedent to pursuing any other available legal or equitable remedy,
arbitration, or other dispute resolution procedures. If the parties are unable to resolve their dispute in
mediation, the dispute shall be settled by arbitration in accordance with the rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator(s) shall be entered in
any court having jurisdiction thereof.
19. RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default or misrepresent in connection with any of
the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover
reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other
relief to which it or they may be entitled.
20. SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of
competent jurisdiction to be invalid, void or unenforceable, the rest of the Agreement shall remain in full
force and effect and shall in no way be affected, impaired or invalidated.
VIII-11
BLUE PEAK CONSULTING
21. SIGNATURES
IN WITNESS WHEREOF, the parties to this Agreement have duly executed it on the day and year first
above written.
Blue Peak Consulting City of Hastings Fire Department
Signed: ____________________________________
Name: Margaret Gavian
Title: Owner
Date: _____________________________
Signed: ____________________________________
Name: _____________________________________
Title: _______________________________________
Date: ______________________________________
VIII-11
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Ryan Stempski – Public Works Director
Date: January 6, 2025
Item: Accept Proposal and Authorize Work – Conduct Phase I Environmental Assessment of 1292
North Frontage Road
Council Action Requested:
The Council is requested to authorize a contract with WSB for conducting a Phase I Environmental Site
Assessment (ESA) of 1292 North Frontage Road.
Background Information:
The City has a purchase agreement to acquire 1292 North Frontage Road to construct the Central Water
Treatment Plant (WTP No. 2) for PFAS removal. A Phase I is recommended prior to the purchase of the
property by the City. A Phase I is also required to enroll in the MPCA Brownfields Program to obtain the
desired liability assurances from contamination that may be present on the site. 1292 North Frontage
Road does have a documented petroleum leak from the former filling station at this site (Auto Stop).
The Phase I ESA will include a regulatory file review of this environmental issue in addition to historical
records review, interviews, and site reconnaissance. Opinions of next steps to address environmental
concerns as needed will be included in the reporting. A Phase I ESA was not obtained by the current
property owner. Once authorized, WSB estimates a draft report to be provided within four weeks.
Financial Impact:
The lump sum cost of $5,985 for these services will be fully reimbursed by the MPCA Planning and
Design Grant.
Attachments:
WSB Proposal for Phase I Environmental Site Assessment
VIII-12
\\wsbgvfiles01.wsbeng.local\resources\.Clients All\Hastings\Proposals\Hastings Treatment Plant No. 2\01 - WSB Scope_Cost _Phase I ESA_Hastings treatment
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December 18, 2024
Ryan Stempski
City of Hastings – Public Works
1225 Progress Drive
Hastings, MN 55033
RE: Scope of Work and Budget – Phase I Environmental Site Assessment
1292 North Frontage Road
Hastings, Minnesota 55033
Dear Mr. Stempski:
As requested, outlined below is a scope of work and cost estimate to complete a Phase I
Environmental Site Assessment (ESA) for the above-referenced property, totaling approximately
0.83 acres and consisting of Dakota County Parcel 19-02900-05-010 (Subject Property).
Based on the Dakota County parcel database, the Subject Property parcel is currently owned by
Jocor Holdings LLC. WSB LLC (WSB) understands the City of Hastings (City) is in the process of
acquiring the Subject Property and the Subject Property is currently occupied by a pizzeria and
was formerly occupied by a fueling station. The Phase I ESA will be performed in general
compliance with the ASTM E1527-21 Standard Practice for Environmental Site Assessments.
The following items will be performed as part of the Phase I ESA:
HISTORICAL RECORDS REVIEW
WSB will obtain federal and state regulatory database information for the Subject Property from a
commercial regulatory vendor to evaluate for potential environmental conditions. This review will
not include a detailed review of all listings identified in the regulatory database search, but rather
will focus on listings which have the potential to result in a recognized environmental condition
(REC). The following historical records will be reviewed:
• Sanborn Fire Insurance Maps
• Historical Aerial Photographs
• City Directories
• Historical Topographic Maps
• Federal EPA-listed sites including NPL, CERCLIS, RCRA, and ERNS
• State MPCA-listed sites including UST, LUST, MERLA, VIC, spills, landfills, and others
• Regulatory file reviews will be conducted per ASTM E 1527-21 (if required)
INTERVIEWS
WSB will conduct interviews with Subject Property representatives (via phone or in person)
regarding past and current Subject Property use activities. The entity relying on the Phase I ESA
will complete a User Questionnaire provided by WSB. The owner of the Subject Property will be
requested to complete an Owner Questionnaire. The following representatives may be contacted
and interviewed (if available/warranted):
• Current or past Subject Property owners
• Current Subject Property management or maintenance staff
• City building and inspection department
• City fire department
VIII-12
Mr. Ryan Stempski
December 18, 2024
Page 2
SITE RECONNAISSANCE
WSB will make a direct visual inspection of the Subject Property and adjoining properties. All
Subject Property areas will be accessed as part of the site reconnaissance, including the interior
of the current building. Areas deemed unsafe for access will not be accessed by WSB during the
site reconnaissance. The adjoining properties will be viewed from the public right-of-way areas.
The site reconnaissance will include observation and documentation of the following:
• Location of visible aboveground or underground storage tanks
• Location of chemical or hazardous material storage
• Location of water bodies (if present)
• Condition of vegetation and exposed soils
• General parcel topography
• Photographic documentation
• Evidence of methamphetamine manufacturing labs
REPORTING
WSB will summarize the results of the Phase I ESA in a final documentation report. This task
does not include those items considered non-scope by ASTM Standard E1527-21 including
asbestos, lead-based paint, radon, lead in drinking water, wetlands, regulatory compliance,
cultural/historic resources, industrial hygiene, indoor air quality, biological agents, or mold
sampling and analysis. The report will be completed in accordance with the ASTM E1527-21
Standard and shall include the following:
• Supporting documentation upon which the findings and opinions are based
• Scope of services performed
• A “findings” section which will detail any RECs identified by the assessment
• The opinion of the environmental professional
• Any conclusions drawn from the assessment
ASSUMPTIONS
The following items are assumed for this scope of work:
• Subject Property access, including the interior of the current building will be facilitated by
the City or the current property owner.
• Completion of the Subject Property Owner questionnaire will be facilitated by the City.
• Based on available information, the following MPCA regulatory file reviews will be
required:
o Petroleum Remediation - Leak Site LS0016266 – Subject Property
o Underground Tanks TS0001400 – Subject Property
o If additional regulatory file reviews are needed (based upon additional findings)
those files will be reviewed for an additional $400 per file.
• Previous provided environmental assessment/investigation reports completed for the
Subject Property will be reviewed as part of this assessment (if available).
• An Environmental Lien and Activity and Use Limitations (AULs) search will not be
completed by WSB as part of this scope.
• The City will provide one review/comment of the Phase I ESA report.
• If a Phase I ESA reliance letter is needed, the cost is $500 per reliance letter. If
additional “relying parties” beyond one are to be included on the reliance letter, the cost is
$500 extra per party/entity.
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Mr. Ryan Stempski
December 18, 2024
Page 3
BUDGET AND SCHEDULE
The budget to perform the above-described Phase I ESA is a lump sum fee of $5,985. If
additional work is required beyond this scope, WSB will provide those services on a time and
materials basis following approval from the City in accordance with the 2025 rate schedule. Upon
authorization, the Phase I ESA will be initiated immediately, and a draft report will be provided
within four weeks of authorization.
ACCEPTANCE
This proposal represents our understanding of the project scope. All work completed through this
proposal will be governed by the enclosed General Contract Provisions. If the scope and fee are
acceptable, please sign on the space provided and return one copy to WSB. We are available to
begin work once we receive signed authorization.
WSB appreciates the opportunity of being considered for this project and we look forward to
providing our professional services to you. If you have any questions about this proposal, please
feel free to contact Peter Moore at pmoore@wsbeng.com or 612-248-7007.
Sincerely,
WSB
Ben Fehr Peter J. Moore, PG
Project Manager Senior Project Manager
__________________________________________________________________
Enclosures
WSB General Contract Provisions
SIGNATURE
I hereby authorize the above scope of work, schedule, and cost.
_________________________________________
Name (Print)
_________________________________________
Signature
_________________________________________
Date
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 1
WSB LLC
EXHIBIT A
GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR
ASSESSMENT
ARTICLE 1 – PERFORMANCE OF THE WORK
Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily
exercised by members of Consultant’s profession practicing under similar circumstances at the same time
and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or
otherwise, in connection with its services.
ARTICLE 2 – ADDITIONAL SERVICES
If the Client requests that the Consultant perform any services which are beyond the scope as set forth in
the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside
of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional
services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both
compensation and time to perform.
ARTICLE 3 – SCHEDULE
Unless specific periods of time or dates for providing services are specified in a separate Exhibit,
Consultant’s obligation to render services hereunder will be for a period which may reasonably be required
for the completion of said services. The Client agrees that Consultant is not responsible for damages
arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this
Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather
disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or
failure to act in a timely manner by any government agency; actions or failure to act by the Client or the
Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If
the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform
its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable
adjustment in schedule and compensation.
ARTICLE 4 – JOBSITE SAFETY
Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees
and subconsultants at a construction/project site, shall impose any duty on the Consultant, nor relieve the
general contractor of its obligations, duties and responsibilities including, but not limited to, construction
means, methods, sequence, techniques or procedures necessary for performing, superintending and
coordinating the work in accordance with the contract documents and any health or safety precautions
required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any
control over any construction contractor or its employees in connection with their work or any health or
safety programs or procedures. The Client agrees that the general contractor shall be solely responsible
for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with
the general contractor.
ARTICLE 5 – OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian considerations of operations and maintenance costs,
collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced
and qualified professional design firm. The parties acknowledge, however, that the Consultant does not
have control over the cost of labor, material, equipment or services furnished by others or over market
conditions or contractor’s methods of determining their prices, and any evaluation of any facility to be
constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary.
Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from
opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility
for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 2
accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client
shall employ an independent cost estimator as part of its Project responsibilities.
ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All documents, including reports, drawings, calculations, specifications, CADD materials, computers
software or hardware or other work product prepared by Consultant pursuant to this Agreement are
Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of
Service, including copyrights. The Instruments of Service are not intended or represented to be suitable
for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents
that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are
signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of
Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole
risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic
files.
If requested, at the time of completion or termination of the work, the Consultant may make available to the
Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and
expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under
this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written
consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the
Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising
from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation.
The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any
claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising
out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person
or entity that acquires or obtains the reports, plans and specifications from or through the Client without the
written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be
deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of
merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any
consent, verification or adaption of the Instruments of Service for extensions of the Project or any other
project.
ARTICLE 7 – PAYMENTS
Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is
entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the
invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the
date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course,
and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from
the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum
amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service
until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by
Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant
shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees,
incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving
seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment
for all amounts then due for services, expenses and charges.
ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS
If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the
Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the
Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance
of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or
continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction
means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from
Subcontractors and material suppliers and other data requested by the Client to substantiate the
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 3
Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money
previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its
Work.
If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such
review shall be for the limited purpose of checking for conformance with the information given and the
design concept. The review of submittals is not intended to determine the accuracy of all components, the
accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in
construction, and those responsibilities remain exclusively with the Client’s contractor.
ARTICLE 9 – HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or
disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are
defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and
which may be found or identified on any Project which is undertaken by Consultant.
The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from
and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the presence, discharge, release, or escape of
hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not
apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under
this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants
specifically identified by the Client and included within Consultant’s services to be provided under this
Agreement.
ARTICLE 10 – INSURANCE
Consultant has procured general and professional liability insurance. On request, Consultant will furnish
client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable
policy limits.
ARTICLE 11 – TERMINATION OR SUSPENSION
If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services
are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in
this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
such delay or suspension and reactivation and the fact that the time for performance under this Agreement
has been revised.
This Agreement may be terminated by either party upon seven (7) days written notice should the other
party fail substantially to perform in accordance with its terms through no fault of the party initiating the
termination. In the event of termination Consultant shall be compensated for services performed prior to
termination date, including charges for expenses and equipment costs then due and all termination
expenses.
This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause.
Consultant shall upon termination only be entitled to payment for the work performed up to the Date of
termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data
files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium
whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating
responsibility or liability between the Client and Consultant shall survive the completion of the services
hereunder and/or the termination of this Agreement.
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 4
ARTICLE 12 – INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the
extent caused by the Consultant’s negligence or willful misconduct.
The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the
extent caused by the Client’s negligence or willful misconduct.
ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES
Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither
the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or
subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or
consequential damages arising out of or connected in any way to the Project or to this Agreement. This
mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss
of business, loss of income, loss of reputation and any other consequential damages that either party may
have incurred from any cause of action including negligence, strict liability, breach of contract and breach
of strict or implied warranty. Both the Client and the Consultant shall require similar waivers of consequential
damages protecting all the entities or persons named herein in all contracts and subcontracts with others
involved in this project. This mutual waiver shall apply even if the damages were foreseeable and regardless
of the theory of recovery plead or asserted.
ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY
It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s
employees, officers or directors to any personal legal exposure for the risks associated with this Agreement.
Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the
Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against
Consultant, and not against any of Consultant’s individual employees, officers or directors.
ARTICLE 15 – ASSIGNMENT
Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services or payments due under the Agreement without the
written consent of the other Party. Any assignment in violation of this provision shall be null and void.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor
of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of
Consultant and Client and there are no other intended beneficiaries of this Agreement.
ARTICLE 16 – CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Client and Consultant agree that all disputes between them arising out of
or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal
legal proceedings.
ARTICLE 17 – CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the
Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any
data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These
provisions shall not apply to information in whatever form that comes into the public domain, nor shall it
restrict the Consultant from giving notices required by law or complying with an order to provide information
or data when such order is issued by a court, administrative agency or other authority with proper
jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or
defend itself from any suit or claim.
ARTICLE 18 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total
liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees
and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any
and all claims, losses, costs or damages, including attorneys' fees and costs and expert-witness fees and
costs of any nature whatsoever or claims expenses resulting from or in any way related to the project or
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Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN
Page 5
the Agreement from any cause or causes shall not exceed $20,000. It is intended that this limitation apply
to any and all liability or cause of action, including without limitation active and passive negligence however
alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the
amount of available insurance proceeds.
ARTICLE 19 – CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence
or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of
Minnesota.
ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS
Where requested by Client, Consultant will perform customary research to assist Client in locating and
identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from
the Client and information provided by local utilities related to structures or utilities and will not be liable for
damages incurred where Consultant has complied with the standard of care and acted in reliance on that
information. The Client agrees to waive all claims and causes of action against the Consultant for claims
by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or
damages to underground improvements resulting from subsurface penetration locations established by the
Consultant.
ARTICLE 21 – ACCESS TO SITE
Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work.
ARTICLE 22 - SAMPLE DISPOSAL
All environmental samples (“Samples”) collected by Consultant are sent to and analyzed by a third-party
laboratory, and all such Samples shall be disposed of according to the third-party laboratory’s policies.
ARTICLE 23 – EXPERT WITNESS AND SUBPOENA FEES
Consultant shall not be retained as an expert witness except by separate, written agreement. The Client
agrees to pay Consultant’s costs to respond to any subpoena related to the work performed under this
Agreement, including attorneys’ fees and administrative costs.
Article 24 – FIDUCIARY RELATIONSHIP
Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement
creates a fiduciary relationship between Consultant and Client.
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: January 6, 2025
Item: One-Day Temporary Gambling Permit for St. Croix Valley Motorcycle Riders
Association
Council Action Requested:
Approve the attached resolution approving the one-day temporary gambling permit for St. Croix
Valley Motorcycle Riders Association.
Background Information:
St. Croix Valley Motorcycle Riders Association submitted an application for a one-day temporary
gambling permit for a raffle to be held at 2nd Street Depot Bar & Grill, 320 2nd Street E.
Financial Impact:
The $25.00 One-Day Temporary Gambling License fee will be paid prior to issuance.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-13
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ______________
RESOLUTION APPROVING THE APPLICATION BY
ST. CROIX VALLEY MOTORCYCLE RIDERS ASSOCIATION FOR A
TEMPORARY ONE-DAY GAMBLING PERMIT
WHEREAS, St. Croix Valley Motorcycle Riders Association has presented an application
to the City of Hastings for a one-day temporary gambling permit for a raffle to be held at the 2nd
Street Depot Bar & Grill, 320 2nd Street E, Hastings; and;
WHEREAS, the Minnesota Gambling Control Board requires a resolution be passed to
approve this request; and
WHEREAS, an application for a one day temporary gambling permit has been presented;
WHEREAS, the required fee of $25.00 will be paid prior to issuance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hastings,
that the Mayor and City Clerk are authorized and directed to sign this resolution.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS 6TH
DAY OF JANUARY, 2025.
ATTEST:
____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh, Assistant City Administrator
Date: January 6, 2025
Item: Impose Sanctions Upon Westview Smokes
Council Action Requested:
Consider attached resolution approving the following civil penalty on Westview Smokes, 1355 S.
Frontage Road #420, Hastings, Minnesota 55033:
-Tobacco License: $300.00 fine.
Background Information:
On December 12, 2024, the Hastings Police Department conducted a tobacco compliance check
at Westview Smokes located at 1355 S. Frontage Road #420, Hastings, Minnesota 55033. On that
date, an employee of Westview Smokes sold tobacco to an underage purchaser cooperating with
the Hastings Police Department. This is Westview Smokes’ first violation in a 36-month period.
Pursuant to Minnesota Statutes, Section 461.12 and City Code Section 112.12, the presumptive
civil penalty for a first violation is a $300.00 fine. On December 23, 2024, notice of the penalty
and opportunity to request a hearing before City Council was sent to the licensee.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Hastings Police Report #24-001789
• Hastings City Code Section 112.12 Hearings and Appeals
• Minnesota Statute 461.12 Municipal License of Tobacco, Tobacco-Related Devices
• Resolution Imposing Sanctions Upon Tobacco License Holder Westview Smokes
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112.12 Hearings And Appeals
1. Notice. Upon discovery of a suspected violation, the alleged violator shall be issued,
either personally or by mail, a citation that sets forth the alleged violation and penalty
and which shall inform the alleged violator of his or her right to be heard on the
accusation. The administrative penalties for illegal sales of licensed products contained
in M.S. § 461.12, as it may be amended from time to time, shall apply unless the City
Council determines that a more severe administrative penalty, suspension or revocation
shall be imposed.
2. Generally. Following receipt of a notice of denial issued under this chapter or notice of
violation and penalty issued under this section, or a notice of revocation, an applicant or
license holder may request a hearing before the City Council. A request for a hearing
shall be made by the applicant or license holder in writing and filed with the City Clerk
within 10 days of the mailing of the notice of denial or alleged violation. Following receipt
of a written request for hearing, the applicant or license holder shall be afforded an
opportunity for a hearing before the City Council.
3. Findings. If after the hearing, the applicant is found ineligible for a license or is found to
have violated this chapter, the City Council may affirm the denial, impose a fine, issue a
suspension or revocation, or impose any combination thereof. The decision shall be in
writing and shall set forth the reasons for the findings of the City Council. Copies shall be
provided to the applicant or license holder. Likewise, if the City Council finds that no
violation occurred or finds grounds for not imposing any penalty, the findings shall be
recorded and a copy provided to the applicant or license holder.
4. Decision. If the City Council determines that a violation of this chapter did occur, that
decision, along with the City Council’s reasons for finding a violation and the penalty to
be imposed under this chapter, shall be recorded in writing, a copy of which shall be
provided to the accused violator. Likewise, if the hearing officer finds that no violation
occurred or finds grounds for not imposing any penalty, the findings shall be recorded
and a copy provided to the acquitted accused violator.
5. Default. If the applicant or license holder has been provided written notice of the denial
or violation and if no request for a hearing is filed within the 10-day period, then the
denial, penalty, suspension, or revocation imposed pursuant to this section shall take
effect immediately by default. The City Clerk shall mail the notice of the denial, fine,
suspension, or revocation to the applicant or license holder.
6. Hearings. If a person accused of violating this section so requests, a hearing shall be
scheduled, the time and place of which shall be provided to the accused violator.
7. Hearing Officer. The hearing shall be held before the City Council and shall be open to
the public.
8. Appeals. Any appeal of the decision of the City Council must be filed with the District
Court within 10 days of the mailing of the City Council’s decision.
9. Misdemeanor Prosecution. Nothing in this section shall prohibit the city from seeking
prosecution as a misdemeanor for any alleged violation of this chapter by a person 21
years of age or older. If the city elects to seek misdemeanor prosecution, no
administrative monetary penalty shall be imposed. If the city elects to seek misdemeanor
prosecution, the city is not precluded from suspending or revoking the license of a
licensee as provided by this chapter.
10. Continued Violation. Each violation, and every day in a violation occurs or continues,
shall constitute a separate offense.
(Prior Code, § 5.34) Penalty, see § 10.99
HISTORY
Amended by Ord. 2020-01, 3rd Series on 3/2/2020
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461.12 MUNICIPAL LICENSE OF TOBACCO, TOBACCO-RELATED DEVICES, AND SIMILAR
PRODUCTS.
Subdivision 1.Authorization.A town board or the governing body of a home rule charter or statutory
city may license and regulate the retail sale of tobacco, tobacco-related devices, and electronic delivery
devices as defined in section 609.685, subdivision 1, and nicotine and lobelia delivery products as described
in section 609.6855, and establish a license fee for sales to recover the estimated cost of enforcing this
chapter. The county board shall license and regulate the sale of tobacco, tobacco-related devices, electronic
delivery devices, and nicotine and lobelia products in unorganized territory of the county except on the State
Fairgrounds and in a town or a home rule charter or statutory city if the town or city does not license and
regulate retail sales of tobacco, tobacco-related devices, electronic delivery devices, and nicotine and lobelia
delivery products. The State Agricultural Society shall license and regulate the sale of tobacco, tobacco-related
devices, electronic delivery devices, and nicotine and lobelia delivery products on the State Fairgrounds.
Retail establishments licensed by a town or city to sell tobacco, tobacco-related devices, electronic delivery
devices, and nicotine and lobelia delivery products are not required to obtain a second license for the same
location under the licensing ordinance of the county.
Subd. 2.Administrative penalties for sales and furnishing; licensees.If a licensee or employee of a
licensee sells, gives, or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices,
or nicotine or lobelia delivery products to a person under the age of 21 years, or violates any other provision
of this chapter, the licensee shall be charged an administrative penalty of $300 for the first violation. An
administrative penalty of $600 must be imposed for a second violation at the same location within 36 months
after the initial violation. For a third or any subsequent violation at the same location within 36 months after
the initial violation, an administrative penalty of $1,000 must be imposed, and the licensee's authority to
sell tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at
that location must be suspended for not less than seven days and may be revoked. No suspension, revocation,
or other penalty may take effect until the licensee has received notice, served personally or by mail, of the
alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to
conduct the hearing. A decision that a violation has occurred must be in writing.
Subd. 2a.Penalties for sales of certain products; licensees.(a) A licensee's authority to sell tobacco,
tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery products at that location
must be suspended for not less than seven days and may be revoked if the licensee:
(1) holds a license or registration issued pursuant to chapter 342 or section 151.72, subdivision 5b, and
the license or registration is revoked;
(2) is convicted of an offense under section 151.72, subdivision 7; or
(3) has been convicted under any other statute for the illegal sale of marijuana, cannabis flower, cannabis
products, lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid products
and the sale took place on the premises of a business that sells tobacco, tobacco-related devices, electronic
delivery devices, or nicotine or lobelia delivery products.
(b) No suspension, revocation, or other penalty may take effect until the licensee has received notice,
served personally or by mail, of the alleged violation and an opportunity for a hearing before a person
authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must
be in writing.
Subd. 3.Administrative penalty for sales and furnishing; individuals.An individual who sells, gives,
or otherwise furnishes tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia
Official Publication of the State of Minnesota
Revisor of Statutes
461.12MINNESOTA STATUTES 20231
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delivery products to a person under the age of 21 years may be charged an administrative penalty of $50.
No penalty may be imposed until the individual has received notice, served personally or by mail, of the
alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to
conduct the hearing. A decision that a violation has occurred must be in writing.
Subd. 4.Alternative penalties for use of false identification; persons under age 21.The licensing
authority shall consult with interested persons, as applicable, including but not limited to educators, parents,
guardians, persons under the age of 21 years, and representatives of the court system to develop alternative
penalties for persons under the age of 21 years who purchase, or attempt to purchase, tobacco, tobacco-related
devices, electronic delivery devices, or nicotine or lobelia delivery products using a driver's license, permit,
Minnesota identification card, or any other type of false identification to misrepresent the person's age, in
violation of section 609.685 or 609.6855. The licensing authority and the interested persons shall consider
a variety of alternative civil penalties, including, but not limited to, tobacco-free education; tobacco cessation
programs; notice to schools and parents or guardians; community service; and court diversion programs.
Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
Subd. 5.Compliance checks.A licensing authority shall conduct unannounced compliance checks at
least once each calendar year at each location where tobacco, tobacco-related devices, electronic delivery
devices, or nicotine or lobelia delivery products are sold to test compliance with sections 609.685 and
609.6855. Compliance checks conducted under this subdivision must involve persons at least 17 years of
age, but under the age of 21, who, with the prior written consent of a parent or guardian if the person is
under the age of 18, attempt to purchase tobacco, tobacco-related devices, electronic delivery devices, or
nicotine or lobelia delivery products under the direct supervision of a law enforcement officer or an employee
of the licensing authority. The age requirements for persons participating in compliance checks under this
subdivision shall not affect the age requirements in federal law for persons participating in federally required
compliance checks of these locations.
Subd. 6.Defense.It is an affirmative defense to the charge of selling tobacco, tobacco-related devices,
electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years in
violation of subdivision 2 or 3 that the licensee or individual making the sale relied in good faith upon proof
of age as described in section 340A.503, subdivision 6.
Subd. 7.Judicial review.Any person aggrieved by a decision under subdivision 2 or 3 may have the
decision reviewed in the district court in the same manner and procedure as provided in section 462.361.
Subd. 8.Notice to commissioner.The licensing authority under this section shall, within 30 days of
the issuance of a license, inform the commissioner of revenue of the licensee's name, address, trade name,
and the effective and expiration dates of the license. The commissioner of revenue must also be informed
of a license renewal, transfer, cancellation, suspension, or revocation during the license period.
History: 1941 c 242 s 3; 1941 c 405 s 3; 1951 c 382 s 1; Ex1959 c 73 s 2; 1973 c 123 art 5 s 7; 1982
c 572 s 2; 1997 c 227 s 4; 1Sp2001 c 5 art 7 s 63; 2010 c 255 s 7; 2010 c 305 s 4-9; 2014 c 291 art 6 s 28;
2020 c 88 s 4-8; 2023 c 63 art 6 s 53
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023461.12
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1
City of Hastings
Dakota County, Minnesota
RESOLUTION NO. _____
RESOLUTION IMPOSING SANCTIONS UPON
TOBACCO LICENSE HOLDER
WESTVIEW SMOKES
WHEREAS, state law authorizes a city council to impose sanctions upon the holder of
a tobacco license who has failed to comply with an applicable statute, upon a hearing duly noticed,
and the opportunity for the license holder to be heard.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota, as follows:
FINDINGS
A. On December 12, 2024, the Hastings Police Department conducted a tobacco compliance
check at Westview Smokes located at 1355 S. Frontage Road #420, Hastings, Minnesota
55033. On that date, an employee of Westview Smokes sold tobacco to an underage
purchaser cooperating with the Hastings Police Department. This is Westview Smokes’
first violation in a 36-month period.
B. The Police reports from the December 12, 2024, incident are attached and stipulated into
evidence to support the sanctions imposed herein.
C. Notice of the violation was duly given to the license holder by personal service or by mail
for the premises at 1355 S Frontage Road #420, Hastings, Minnesota 55033 on December
19, 2024, pursuant to Minnesota Statutes, Section 461.12, and City Code Section 112.12.
D. In lieu of a hearing, the tobacco license holder has agreed to comply with the civil sanctions
below and consents to the terms contained herein.
E. The civil sanctions below are conditioned upon the Hastings City Council’s approval. If
the City Council chooses to impose more severe sanctions, the license holder has the right
to withdraw its consent.
CONCLUSION
A. Based upon the police report attached hereto, the City Council concludes that the tobacco
license holder for the premises at 1355 S Frontage Road #420, Hastings, Minnesota 55033
(Westview Smokes) failed to comply with an applicable statute in that a tobacco product
was sold to an underage person on December 12, 2024, in the licensed establishment.
VIII-14
2
B. This incident constitutes the tobacco license holder’s first violation within a 36-month
period.
C. The mandatory statutory sanctions are a $300 fine.
D. The following sanctions are imposed for the violation:
1. A $300 civil penalty is imposed against the license holder which must be paid by
4:30 p.m. on January 18, 2025. If not paid, the license will be suspended without
notice to the licensee until the civil penalty is paid.
2. The license holder shall not have any tobacco-related violations for a period of one
year of this resolution.
3. If the licensee fails to comply by the conditions and sanctions set forth in this
resolution, the licensee may be required to attend a Council meeting for additional
sanctions.
Adopted by the City Council of the City of Hastings this 6th day of January 2025.
Attest:
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
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WESTVIEW SMOKES
Signature of Representative
Printed name of Representative
DATE
VIII-14
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Eitemiller, Finance Manager
Date: January 6, 2025
Item: 2024 Facilities Budget Amendments
Council Action Requested:
Staff requests Council approval to create 2024 budget adjustments for Facilities
projects. The first expense is to replace the primary hot water pump in the Police
Department. The other is to bring the City Hall/Police Building renovation project’s
2024 budget in line with actual expenditures.
Background Information:
The first increase is for repair and maintenance of the Police Department Building.
The primary hot water pump needs replaced. Between parts and labor, total cost is
expected to be approximately $3,800. Staff requests a budget increase of $3,900 to
ensure enough authority for this cost. General Fund reserves will be the funding
source for this cost.
The City Hall/Police Department renovation project has made considerable progress in
2024. Due to delays in recent years, it was unknown what would be a reasonable
budget for 2024. Because of this, combined with the fact that all expenses in 2024
would be paid from either a State of MN grant, or the federal ARPA allocation, it was
decided to do a budget amendment after the total expenses were known for 2024.
As part of the 2024 audit, the appropriate amounts of each grant will be recognized as
part of the City’s 2024 financial statements. Staff requests to increase Facilities’
spending budget for this project by a total of $2,237,437. Of this, $1,862,732 will be
funded from the State grant, and $374,705 will be funded from the ARPA allocation.
Financial Impact:
The hot water pump will use $3,900 of general fund reserves, whereas $2,237,437 grant
allocations will fund the City Hall/Police Building renovation project changes.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
N/A
VIII-15
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: January 6, 2025
Item: Public Safety Advisory Commission 2024 Annual Report
Council Action Requested:
No action required. Information only.
Background Information:
The Public Safety Advisory Commission had a very productive year. The Commissioners
participated in public safety events that included: Police Week Open House, Fire Prevention
Open House, National Night Out, 4th of July Parade and Rec-Arts-Police to name a few. The
commissioners also served the community on a wide variety of other events and topics included
in the attached report.
Financial Impact:
None
Advisory Commission Discussion:
Not applicable
Council Committee Discussion:
Not applicable
Attachment:
2024 Annual Report
VIII-16
2024 Annual Report Public Safety Advisory Commission (PSAC)
The commission had a great year.
The commission reviewed their handbook and found no changes in our mission statement nor
in our directives. Edits were made in other areas of the handbook. These changes governed
communication. A calendar was adopted of the various events the commission is involved in.
Commission Mission Statement:
Enhancing awareness of public safety through community programs, educational opportunities,
and public engagement. Our work is to advise our elected officials.
Commission Directives:
• It is the purpose of the commission to represent the interests of the community on matters of
public safety.
• The commission shall provide advice, input, and feedback to the City’s public safety
administrators and elected officials.
• The commission shall review and monitor the strategic goals of the City’s public safety
departments.
• The police and fire chief will relay Commission concerns/decisions to the Council Committee
on Public Safety, who in turn, will report to the City Council/Mayor.
2024 Commission Membership includes:
Chair: Theresa Auge Secretary: Melissa Blackstad Gary Stevens
Mary Nehring Andrew Caflisch John Gunter
Steve Anderson
2024 Commission Goals
1. The PSAC will continue to actively participate in the numerous Hastings PD and FD public
events throughout the year.
2. The PSAC will learn from the PD staff, the addition of a social worker to their department,
and how this impacts those in mental health crisis.
3. The PSAC will learn from the fire staff on the role of the fire marshal, the differences
between the EMT and paramedic, and how the rental housing inspection program works.
VIII-16
2024 Accomplishments
• Edits to our handbook were adopted by the commission regarding communication
and annual calendar of events.
• Toured the fire department and learned about the role of the fire marshal, the
events needed for rental housing program, and the unique qualities of the EMT and
paramedics that serve our community.
• The commission discussed the topic of E-bikes. Speed limits and current city
ordinance were sent to city vendors renting e-bikes. Speed limits would be posted
by the Parks and Rec Department on city signage. This topic was readdressed by the
administration and will continue into 2025.
• The commission learned the extensive strategy that goes into preparing and working
with the city officials on flooding that occurred this year.
• The commission discussed the significance of the Burnsville tragedy as it affected
both our fire and police departments.
• Commission members attended the Police Reserve Annual Recognition.
• Assisted in serving at the swearing in of police hires throughout the year.
• Secured sponsors and activities for a community National Night Out. Secured some
donations for a raffle. Commission members served food at this event.
• Commission members attended the Fire Prevention Week Open House.
• Commission members attended the various Coffee with a Cop events.
• Commission members attended and served at the Police Open House.
• Commission members attended and participated in the 4th of July parade.
• Commission members participated in the Arts in the Park program.
• Commission members participated in wrapping gifts for the Shop with a Cop
program.
• The commission is working to recruit a full slate of members for the 2025 year.
We appreciate the opportunity to serve Hastings in this capacity and look forward to more
interaction with the council and public safety staff in the future. Thank you.
VIII-16
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: John Hinzman, Community Development Director
Date: January 6, 2025
Item: Resolution: Authorize Submittal of 2025 CDBG Budget
Council Action Requested:
Adopt the attached resolution authorizing submittal of the 2025 Community
Development Block Grant (CDBG) budget to Dakota County. The estimated
funding of $44,879 would be allocated towards assessment abatement. Action
requires a simple majority of Council.
Background Information:
CDBG funding is intended to fund activities for low and low\moderate income
individuals including affordable housing, anti-poverty, and infrastructure
development. Dakota County receives a direct allocation of CDBG funding
from the US Department of Housing and Urban Development (HUD) and sub-
allocates funding to individual cities within the County.
Assessment Abatement:
Similar to past years, CDBG funding would be
allocated toward providing assessment abatement for
local public infrastructure projects; allowing qualifying
homeowners to reduce or eliminate their assessment.
The adjacent map indicates the project area.
Financial Impact:
CDBG funds will assist low to low\moderate income
households in abating assessments and housing repairs.
Advisory Commission Discussion:
N\A
Council Commission Discussion:
N\A
Attachments:
• Resolution
• CDBG Application
堭䌭〱
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. ___________
A RESOLUTION APPROVING THE APPLICATION
FOR FISCAL YEAR 2025 DAKOTA COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDING
WHEREAS, the City of Hastings is a participating jurisdiction with the Dakota
County Community Development Block Grant (CDBG) Entitlement Program for Fiscal
Year 2025 (starting July 1, 2025 and ending June 30, 2026); and
WHEREAS, the Dakota County Community Development Agency (CDA) is a
Subgrantee of Dakota County for the administration of the CDBG Program; and
WHEREAS, the Dakota County CDA has requested Fiscal Year 2025 CDBG
applications be submitted by January 17, 2025, based on an allocation of funds approved
in the Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED that the City of Hastings hereby approves
the following:
1. The Fiscal Year 2025 CDBG application is approved for submission to the Dakota
County CDA.
2. The City Administrator for the City of Hastings is authorized to execute the
application and all agreements and documents related to receiving and using the
awarded CDBG funds.
3. The Dakota County CDA is designated as the administrative entity to carry out the
CDBG program on behalf of the City of Hastings, subject to future Subrecipient
Agreements that may be required for specific CDBG-funded activities.
Adopted by the City Council of Hastings this 6th day of January, 2025
ATTEST:
Mary D. Fasbender, Mayor
Kelly Murtaugh, City Clerk
堭䌭〱
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 6th day of
January, 2025, 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 Street East
Hastings, MN 55033
堭䌭〱
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
APPLICATION FOR PROGRAM YEAR 2025
Application must be received by the Dakota County Community Development Agency
NO LATER THAN FRIDAY, JANUARY 17, 2025
For July 1, 2025 – June 30, 2026
General Information
Applicant Name: City of Hastings UEI #: 172843278
Contact Name: John Hinzman
Applicant Address:101 East 4th Street
City, State, Zip: Hastings, MN 55033
Phone:651-480-2378 Email:jhinzman@hastingsmn.gov
Proposed Activities
Activity Requested Funding Amount
#1 Title: Assessment Abatement CDBG Request: $ 44,879
#2 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text.
#3 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text.
#4 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text.
#5 Title: Click or tap here to enter text. CDBG Request: $ Click or tap here to enter text.
Total Request: $ 44,879
Contingency Funding Request:
Note the funding levels for activities if there is an increase or decrease in federal funding
levels. Specify which activities should be fully funded at the requested level and which should
be increased or decreased. Please make any adjustments to Assessment Abatement.
PLEASE NOTE: AT LEAST 50% of the proposed funding must qualify as a LOW/MOD benefit. NO MORE
THAN 35% of the any one community’s proposed funding can be for PUBLIC SERVICES. Because public
services may not account for more than 15% of the County’s total funding, public service requests may be
decreased once all applications are submitted and reviewed by CDA staff. NO MORE than 10% of any one
community’s funding can be used for PLANNING.
堭䌭〱
Certification
I certify that the information contained in this application is true and correct and that it contains no
misrepresentations, falsifications, intentional omissions, or concealment of material facts. I further
certify that no contracts have been awarded, funds committed, or construction begun on the proposed
project(s), and that none will be made prior to notification from the Dakota County CDA based on
HUD’s issuance of a Release of Funds Notice.
Signature of Authorized Official Date
Title of Authorized Official
PLEASE ATTACH THE RESOLUTION OF THE GOVERNING BODY SHOWING APPROVAL
OF THE REQUEST FOR CDBG FUNDS.
堭䌭〱
1
Please complete the following Sections I-V for EACH proposed activity. (For
example, if 3 activities are being proposed, there will be 3 sets of the following pages.)
Activity # 1
Activity Title: Assessment Abatement
II. Activity Information
Has this Activity received CDBG funding before? ☒ Yes ☐ No
Check the eligible activity category of the proposed activity: (See attached definitions)
I. Activity Title
Describe the proposed activity in detail. Please be specific about purpose, location, number
of people or households served, etc.
The City of Hastings 2025 Improvement Program includes street reconstruction and utilities
on Farm St, Frasier St, State St, and 1st St from Farm St to Co Rd 42. Street reclamation
and limited utility work would occur on 1st St from Pleasant Dr to Farm St, Olive St, and
Prairie St. A new sidewalk is proposed along 1st St from Pleasant Dr to Co Rd 42. The City
is proposing to allocate CDBG funding to provide assessment abatement to low- and
moderate-income properties. 6-7 properties could be assisted. Qualifying low-income
households would have 100 percent of their assessments abated, while qualifying moderate
income households would have their assessments abated to the extent of remaining funds
available.
堭䌭〱
2
Affordable Rental Housing
☐ Rehabilitation of Multi-Unit Residential
☐ Fair Housing Activities
☐ Energy Efficiency Improvements
Public Services
☐ Senior Services
☐ Youth Services
☐ Transportation Services
☐ Operational Support
Affordable Homeowner Housing
☐ Homeownership Assistance
☐ New (Re)Construction Homeowner Housing
☐ Rehabilitation/ Energy Efficiency Improvement of Single
Unit Residential
☐ Fair Housing Activities
Public Facilities
☐ Recreational Parks
☐ Public Water/Sewer Improvements
☐ Street Improvements
☐ Sidewalks
☒ Assessment Abatement
☐ ADA Improvements
Homelessness
☐ Coordinated Access to Services & Shelter
☐ Housing Stabilization
☐ Emergency Shelter Operation
Neighborhood Revitalization
☐ Acquisition of Real Property
☐ Clearance and Demolition
☐ Clean-up of Contaminated Site
Economic Development
☐ Employment Training
☐ Economic Development Assistance
☐ Rehabilitation of Commercial/Industrial Buildings
☐ Micro-Enterprise Assistance
☐ Relocation
Planning and Administration
☐ Planning
☐ Administration
堭䌭〱
3
Describe the activity schedule:
Is this a continuation of a previously funded activity? ☐Yes ☒No
Is this a time-specific project? ☒Yes ☐No
If this is a time-specific project, please note the start and end dates below:
Proposed Activity Start Date: 7/1/25
Proposed Activity Completion Date: 6/30/26
CDBG funded projects/activities must meet one of the following program objectives. Check
the objective for which the CDBG funds will be used.
If you checked the Low/Mod Housing Benefit box, please answer the following:
How many Low/Mod Households will benefit? 6-7 Households
(Income eligibility must be verified by written documentation)
Where will this activity: Project includes streets located between Pleasant Drive, 1st Street, Prairie
Street and MN Hwy 55.
Click or tap here to enter text.
III. CDBG National Objective
☐ Low/Mod Area Benefit ☐ Low/Mod Limited Clientele Benefit
☒ Low/Mod Housing Benefit ☐ Low/Mod Jobs Benefit
☐ Slum/Blight Area Benefit ☐ Slum/Blight Spot Benefit
☐ Urgent Need (extremely rare; used only for emergencies): (Please explain) Click or tap here to
enter text.
If you checked the Low/Mod Area Benefit box, please answer the following:
In what Census Tract/Block Group(s) do beneficiaries of your Activity live? (Please include map)
Click or tap here to enter text.
How many residents live in this area? Click or tap here to enter text.
What is the percentage of low and moderate-income beneficiaries? Click or tap here to enter text.%
How was this documented? ☐ HUD Data ☐ Survey
(Please include a copy of survey)
堭䌭〱
4
If you checked the Low/Mod Limited Clientele Benefit box, please answer the following:
How many Low/Mod People or Households will benefit? Click or tap here to enter text. People
Click or tap here to enter text. Households (Please choose either People or Households for each project).
How will income be verified?
☐ Income Verification Request Forms
☐ Eligibility Status for other Governmental Assistance program
☐ Self Certification (Must request source documentation of 20% of certifications and must inform beneficiary that
all sources of income and assets must be included when calculating annual income)
☐ Presumed benefit (HUD presumes the following to be low and moderate-income: abused children, battered
spouses, elderly persons (62+), severely disabled persons, homeless persons, persons living with AIDS, migrant farm
workers)
If you checked the Low/Mod Jobs Benefit box, please answer the following:
To meet the requirements of the “Jobs” National Objective, the business being assisted must enter into an agreement
showing commitment that at least 51% of jobs created or retained will be available to low/mod income persons. The
business must also be prepared to provide a list of all jobs, detailed information about the jobs being created or
retained, the selection and hiring process, and demographic information about the employees.
Will this activity create or retain full time equivalencies (FTEs)? ☐ Create ☐ Retain
For job(s) that are being retained, please provide evidence that the assisted business has issued a notice to affected
employees or that the business has made a public announcement to that effect, OR an analysis of relevant financial
records that shows the business is likely to cut back on employment in the near future without planned intervention.
Will the job(s) created or retained require a special skill? ☐ Yes ☐ No
What percent of permanent FTEs will be held by or available to low/mod income persons? Click or
tap here to enter text. %
If you checked the Slum/Blight Area or Slum/Blight Spot Benefit box, please answer the
following:
What are the boundaries of the slum/blight area or the address of the slum/blight spot? Click or tap
here to enter text.
(Please provide letter from building inspector or other documentation noting deficiencies and include photos)
What deficiency will be corrected or the public improvement be? Click or tap here to enter text.
If Slum/Blight Area, what percent of buildings are deteriorated? Click or tap here to enter text.%
堭䌭〱
5
IV. Proposed Objectives and Outcomes
Indicate the proposed objective and outcome of the activity/project.
Outcome #1
Availability/Accessibility
Outcome #2
Affordability
Outcome #3
Sustainability
Objective #1
Suitable Living
Environment
☐ Accessibility for the
purpose of creating a suitable
living environment
☐ Affordability for the
purpose of creating a
suitable living environment
☐ Sustainability for the
purpose of creating a
suitable living environment
Objective #2
Decent
Housing
☐ Accessibility for the
purpose of providing decent
housing
☐ Affordability for the
purpose of providing
decent housing
☐ Sustainability for the
purpose of providing
decent housing
Objective #3
Economic
Opportunity
☐ Accessibility for the
purpose of creating economic
opportunities
☐ Affordability for the
purpose of creating
economic opportunities
☐ Sustainability for the
purpose of creating
economic opportunities
Indicate how the activity outcome will be measured and projected number of beneficiaries.
☐ People
☒ Households 6-7
☐ Housing Units
☐ Public Facilities
☐ Jobs
☐ Businesses
☐ Organizations
V. Project Budget
Provide the total project cost and CDBG request.
Total Project Cost: $ 4,250,000
Total CDBG Request: $ $44,879
CDBG Percent of Total Cost: 1.1%
Describe all funding sources.
Source of Funds Amount Committed Pending
City of Hastings Wastewater Fund $ 470,000 ☒ ☐
City of Hastings Water fund $ 800,000 ☒ ☐
City of Hastings Storm Sewer Fund $ 520,000 ☒ ☐
City of Hastings Bonded Debt $1,765,000 ☒ ☐
Property Owner Assessments $ 650,121 ☐ ☒
CDBG Funds $ 44,879 ☐ ☒
Total: $ 4,250,000 ☐ ☒
堭䌭〱
6
Please itemize project expenses, using the following guidance as applicable:
• Acquisition & Improvement Costs - Include purchase price, closing costs, site improvements,
clearance of toxic contaminants, and other acquisition and improvement costs
• Construction/Rehabilitation Costs - Include site improvements, construction (labor, materials,
supplies), installation, permits and other construction/rehabilitation costs
• Professional Fees and Personnel Costs - Include architectural, engineering and code inspection
fees, surveys, appraisals, legal fees, hazardous materials surveys, project management, and
other professional/personnel fees
• Other Development Costs - Include relocation, financing costs, environmental reviews,
environmental studies, and other development costs
• Eligible Costs for Planning Projects - Include professional services, project management costs,
and other planning costs
* * * * *
Please review each section for completeness.
Each activity should have separate Sections I through V.
Itemized Use of Funds/Expenses Costs CDBG Funds
Requested
Other
Funding
Sources
Street Storm Sewer, Streetscape – City
of Hastings Bonded Debt & Special
Assessments
$ 2,460,000
$ 44,879
$2,415,121
Water System Infrastructure
Replacement – City of Hastings Water
Fund
$ 800,000
$ 0
$ 800,000
Sanitary Sewer Infrastructure – City of
Hastings Wastewater Fund
$ 470,000 $ 0 $ 470,000
Storm Sewer Infrastructure – City of
Hastings Storms Sewer Fund
$ 520,000 $ 0 $ 520,000
Total: $4,250,000 $ 44,879 $ 4,205,121
堭䌭〱
7
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ELIGIBLE ACTIVITIES
Please Note: Although an activity may be deemed eligible for CDBG funding, it does not guarantee funding. The Community
Development Needs for the CDBG Program in the Consolidated Plan lists the priority of needs and dictates which types of eligible
activities may be funded in a given year. All activities must meet a National Objective.
CDBG funds may NOT be used for costs attributable to a building used for the general conduct of government, general
government expenses, or political activities.
Acquisition/Disposition: Includes acquisition of real property, in whole or in part, by purchase, long-term lease, donation, or otherwise
for any public purpose. Real property to be acquired may include land, air rights, easements, water rights, rights-of-way, buildings and
other property improvements, or other interests in real property.
Demolition/Clearance: Includes clearance, demolition, and removal of buildings and improvements including movement of structures
to other sites.
Economic Development Activities: Includes but are not limited to: (1) construction by the grantee or subrecipient of a business
incubator designed to provide inexpensive space and assistance to new firms to help them become viable businesses, (2) loans to pay
for the expansion of a factory or commercial business, and (3) training for by persons on welfare to enable them to qualify for jobs
created by CDBG-assisted special economic development activities. The level of public benefit to be derived from the economic
development activity must be appropriate given the amount of CDBG assistance.
Homeownership Assistance: Includes financial assistance for down payments, closing costs or other part of the purchase process
and counseling for pre-purchase, post-purchase or foreclosure prevention.
Rehabilitation: Includes single-family rehabilitation, multi-family rehabilitation, energy efficiency improvements, public housing
modernization, and rehabilitation of commercial properties.
Relocation: Includes relocation payments and assistance to displaced persons, including individuals, families, businesses, non-profits,
and farms, where required under section 570.606 of the regulations (pursuant to the Uniform Relocation Act).
Public Facilities/Improvements: CDBG funds may be used by the subrecipient or other public or private nonprofit entities for the
acquisition (including long term leases for periods of 15 years or more), construction, reconstruction, rehabilitation (including removal of
architectural barriers to accessibility), or installation, of public improvements or facilities. This includes neighborhood facilities,
firehouses, public schools, libraries, and shelters for homeless people, as well as water and/or sewer treatment plants. Buildings for the
general conduct of government cannot be acquired or improved with CDBG funds.
Public Services: CDBG funds may be used to provide public services (including labor, supplies, and materials), provided that each of
the following criteria is met: 1) The public service must be either a new service or a quantifiable increase in the level of service; and 2)
The amount of CDBG funds obligated within a program year to support public service activities may not exceed 35% of a city’s
allocation and the total public services of all subrecipients may not exceed 15% of the total grant awarded to Dakota County for that
year.
Planning: Includes studies, analysis, data gathering, preparation of plans, and identification of actions that will implement plans. The
types of plans which may be paid for with CDBG funds include but are not limited to comprehensive plans, individual project plans,
community development plans, capital improvement programs, small area and neighborhood plans, environmental and historic
preservation studies, and functional plans (such as plans for housing, land use, energy conservation, or economic development).
Except for small cities and townships, the amount of CDBG funds obligated within a program year to support planning activities may
not exceed 15% of a community’s allocation.
General Grant Administration: CDBG funds may be used for general administration costs incurred by a subrecipient to administer its
CDBG program. CDBG grant funds obligated to general grant administration may not exceed 10% of the community’s allocation.
Administration costs directly associated with a CDBG activity should be part of the activity as project administration and are not
considered general grant administration expenses. Please talk to the Dakota County CDA before you allocate funds to grant admin.
Planning and General Grant Administration Activities may not exceed 20% of the total grant awarded to Dakota County for
that year.
堭䌭〱
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 6, 2025
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 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 general plan is to build one WTP per year for three years. The central WTP is expected to
bid in May 2025, start construction in August 2025, and substantial completion in December
2026. The eastern WTP would bid in January 2026, and substantial completion October 2027.
Finally, the western WTP would bid January 2027, and substantial completion October 2028.
These dates are approximate, but the point is that one WTP per year leaves little room for
compliance with the EPA deadline of April 2029.
The current construction cost estimate is $68.9M with expectation to trend higher. Without
financial assistance, water rates would need to double in three years and triple in five years. The
City has been exploring and pursuing multiple opportunities to offset this “budget buster”
expense.
Key Updates
State Capital Budget: The City 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 indicated support
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and introduced SF 3161 and HF 3115. The legislative session ended May 20, 2024, without
passage of a bonding bill.
In October 2024, we met with Senator Pappas, Chair of the Senate Capital Investment
Committee, to provide an update on our project and funding needs. The City Council approved a
resolution of support on the December 2, 2024, a new state application has been submitted, and
new bills will be needed once the new legislative session opens January 14, 2025.
Clean and safe drinking water was identified as the City Council’s number one legislative
priority during its workshop on November 16, 2024. With recent approval of a $3M Emerging
Contaminants Grant, we have been able to reduce the amount of this bonding request to $16.6M
for the eastern WTP. We plan to include the interconnect of the Minnesota Veterans Home with
this phase of the project.
Congressionally Directed Spending / Community Project Funding: In April 2024, 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 advanced our request to their respective Appropriations Committees; however, it was
not approved through the Senate Appropriations Committee. As it worked through “mark up” by
the Appropriations Committees, it is now proposed at a little over $1M. This is a first step and
not a final decision. Senator Smith’s office said that they hope that by March 14, 2025, Congress
will have agreed to a full-year budget for FY25 that includes CDS projects. Awards are not final
until Congress passes and the President signs a full-year budget.
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 June 2024. Although the Drinking Water Revolving Fund is not our preferred
funding source, its application is the venue for the Emerging Contaminants Grant.
The Public Facilities Authority has listed the eastern WTP is ranked 2nd and central WTP appears
ranked tied at 13th on the PPL and both projects are in the “fundable – emerging contaminants”
category. Both projects are scheduled to receive $3M Emerging Contaminants Grant ($6M total).
Water Rates: With budget planning for 2025 (including workshops on June 3, June 17, and
September 3, 2024), we discussed potential water rate increases, phasing, and timing. During the
preliminary budget planning, we anticipated a 37.3% increase in water rates for 2025.
During our October 21, 2024, meeting, following Co-Trustee approval of 3M Settlement Funds
for Well #5, the City Council supported a two-step water rate increase in 2025, with a 10%
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increase effective January 1, 2025, and a second increase to be determined effective July 1, 2025.
On an average residence using 15,000 gallons per quarter, the January increase would be about
$4 per quarter. City Council approved the January increase on December 16, 2024.
Additional increases are expected to coincide with construction of each of the three WTPs. In
total, rates would double in three years and triple in five years without financial assistance.
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 previously 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 acknowledged that the
Settlement Funds will run out as they cover currently proposed East Metro projects, so they will
be transitioning to the Consent Order in the next couple years.
To date, 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.
In October 2024, the Co-Trustees agreed that there is a connection between Well #5 and the 3M
Cottage Grove site and that the costs associated with Well #5 (to be treated with the central
WTP) would be eligible for funding under the 2018 Settlement Agreement. We estimate the
costs associated with Well #5 to be $14.5M, but that amount has not yet been reviewed or
approved by the Co-Trustees. In November 2024, we submitted our first application for
Settlement funds to cover the cost of land purchase and business relocation necessary for the
central WTP. The grant agreement for these funds is presently under review and will be on an
upcoming City Council agenda.
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In the meantime, the environmental investigations will continue as planned by the MPCA to
determine connection and eligibility for the City’s other wells.
Central Water Treatment Plant: During our October 21, 2024, meeting, the City Council
agreed to flip the sequence of the construction schedule: proceed with the central WTP (WTP 2)
in 2025 and delay the eastern WTP (WTP 1) until 2026.
Proceeding with the WTP that has significant outside funding has two major advantages. 1) It
would mean a smaller water rate increase for our residents and businesses. 2) It gives us
additional time to seek state bonding, grants, and/or direct connection to 3M Cottage Grove
before proceeding with the other WTPs.
At our November 18, 2024, meeting, the City Council approved a purchase agreement for 1292
North Frontage Road as the site for the central WTP. This location is in a non-residential area, is
located next door to the existing nitrates treatment facility and ground storage reservoir, and has
lower incremental costs than other sites. Additionally, timing and ability to proceed without
delay were important considerations. Pending environmental review, we hope to close on the
purchase early in 2025. After the 3M Settlement grant agreement is approved, SRF Consulting
will assist with business relocation analysis for the two businesses currently at this location.
We have begun Geotechnical Investigation and Topographic Survey to design the new site
location for the central WTP with the WSB team that conducted the work on eastern WTP site
already. WSB has been cost effective and efficient with the work due to their expertise,
understanding of scope, close coordination with the City, flexibility on direction, and
responsiveness to listen and meet the City’s needs. Continuing with the team that has developed
the water system modeling, WTP Siting Study, and treatment plant design specific to Hastings
eliminates re-work and a learning curve that would add more expense and time to the project.
At present, we anticipate final design could be completed and ready to bid by May 2025.
Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
Not applicable
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City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: January 6, 2025
Item: Red Rock Corridor and Great River Rail Joint Powers Agreements
Council Action Requested:
Discussion items.
Background Information:
Hastings has been a non-financial member of two transit related Joint Powers Agreements (JPAs).
The Red Rock Corridor Commission was created in 1998 to address transportation needs in the Red Rock
Corridor between Minneapolis and Red Wing, including advocating for expanded commuter bus service and
planning for commuter rail. Recent meetings have focused much more on the northern end of the corridor in
Washington County.
The Great River Rail Commission was created in 2009 (then as the Minnesota High Speed Rail Commission,
renamed to GRRC in 2019) to advocate for a second train daily between the Twin Cities and Chicago. The
second train began operation in spring 2024. GRRC has continued meeting to advocate for the rail corridor and
as well as multi-modal connections.
With one JPA focusing on other portions of the corridor from Hastings and the other JPA largely
accomplished, the City may be interested in withdrawing its membership in either JPA. The City Council
could discuss the matter this evening and/or refer it to the Planning Committee. If the City desires to withdraw,
both JPA require 90 days notice, by formal resolution.
Councilmember Pemble is the City’s representative of both JPAs.
Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
Red Rock Corridor JPA, 2004
Great River Rail (High Speed Rail) JPA, 2017
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WHEREAS, the Red Rock Corridor is defined as the transitway corridor originating in Hastings
in Dakota County, through Washington County, Ramsey County,.and terminating in downtown
Minneapolis in Hennepin County with connections to other multi-modal transportation options; and
WHEREAS, the Red Rock Corridor has significant transportation, safety, and land use issues;
and
WHEREAS, there are opportunities for a variety of multi-modal transportation improvements in
the Red Rock Corridor, including highway commuter and freight line, bus rapid transit, multi-use
paths, recreational trails including bicycle trails, and Intelligent Transportation Systems (ITS); and
WHEREAS,the parties wish to collaboratively plan for multi-modal transportation
improvements to the Red Rock Corridor and for the related land use and development impacts, and
WHEREAS, the COMMISSION has completed a commuter rail feasibility study on the Red
Rock Corridor and determined that planning for commuter rail in the Red Rock Corridor should
continue; and
WHEREAS, Minn. Stat. § 174.80 et seq. grants authority and responsibility to the Minnesota
Department of Transportation (MN-DOT) to design, develop, construct, and operate commuter rail
in Minnesota and to enter into agreements with joint powers boards to carry out these
responsibilities; and
WHEREAS, the COMMISSION intends to work collaboratively with MN-DOT and the
Metropolitan Council for the planning and development of commuter rail or other rail or rail
beneficial related transit modes in the Red Rock Corridor; and
WHEREAS, it is the desire of the parties hereto to amend and restate the March 1999, Joint
Powers Agreement in this agreement.
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NOW,THEREFORE,IN CONSIDERATION OF the mutual promises and covenants herein, the
parties hereto agree as follows:
ARTICLE 1. DEFINITIONS
Unless context otherwise requires, the terms defined in this section shall have the meanings stated
herein:
1. Agreement means this Amended and Restated Joint Powers Agreement.
2. Commission shall mean the Joint Powers body established herein.
3. Effective Date shall be the date the last original signatory approves this AGREEMENT.
4. Financial Member means individually the Dakota County Regional Railroad Authority,
Hennepin County Regional Railroad Authority, Ramsey County Regional Railroad Authority,
or Washington County Regional Railroad Authority.
5. Original Signatory shall mean, individually, Dakota, Hennepin, Ramsey, Washington,
Cottage Grove, Hastings,Newport, St. Paul Park, and Denmark.
ARTICLE 2. PURPOSE
The parties have entered into this agreement for the purpose ofjointly exercising the powers granted
to Regional Railroad Authorities organized under the provisions of Minn. Stat. Ch. 398A, including
but not limited to the acquisition and management of federal, state, and local funding in conjunction
with the Minnesota Department of Transportation and the Metropolitan Council, and may perform
any responsibilities delegated by the Commissioner of Transportation subject to the conditions that
sufficient funds are received.
ARTICLE 3. TERM
This AGREEMENT shall be effective (EFFECTIVE DATE) when adopted by all ORIGINAL
SIGNATORIES. The EFFECTIVE DATE of this AGREEMENT shall be the date on which the
last ORIGINAL SIGNATORY approves the AGREEMENT by action of its governing board or
council. This AGREEMENT shall remain in full force and effect until terminated by the parties
pursuant to Article 9 of the AGREEMENT.
The UNIVERSITY, MINNEAPOLIS, and ST. PAUL will become parties to this AGREEMENT on
the later of the date approved by their governing body or the EFFECTIVE DATE herein stated.
Provided, however, that if the UNIVERISTY, MINNEAPOLIS, or ST. PAUL,, individually, fails to
approve the AGREEMENT within one (1) year of the EFFECTIVE DATE, they will not become
parties to this AGREEMENT except by amendment to this AGREEMENT.
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ARTICLE 4. JOINT POWERS BOARD
There is hereby created a Joint Powers Board as a public entity, to be known as the Red Rock
Corridor Commission. The COMMISSION shall be an entity separate from its member bodies and
shall not be deemed an agent or partner of the member bodies, and the member bodies shall not be
liable for the actions of the COMMISSION. The COMMISSION shall have full authority to
exercise all powers stated herein.
ARTICLE 5. MEMBERSHIP
A. Each Financial Member shall appoint one (1) member and one (1) alternate to the
COMMISSION. All other parties to this AGREEMENT shall appoint one (1) member and
one (1) alternate to the COMN/11ISSION.
Commission members and alternates must be members of the party, which appoints them. If a
Commission member ceases to be a member of such party, his or her membership on the
Commission shall cease on the date of cessation of such membership, and the appointing party
shall appoint a new member or alternate.
Additional parties may become members of the COMMISSION by amendment to this
AGREEMENT pursuant to Article 10 hereof.
Members of the COMMISSION appointed by a Financial Member will have two (2) votes.
All other members of the COMMISSION will have one (1) vote.
B. COMMISSION membership terms shall commence on January 15 of a calendar year and end
on January 14 of the next succeeding year, or until a successor is appointed.
ARTICLE 6. POWERS OF COMMISSION
The COMMISSION has such authority as is necessary and proper to make all decisions to carry out
its purpose as described in Article 2. Such powers shall be subject to the provisions of Minn. Stat.
471.59 and will include,but not be limited to, any or all of the following powers to the extent
provided by law or not otherwise limited by this AGREEMENT.
A. Adopt an annual budget, together with a statement ofthe sources of funding and an estimate
of the amounts required of each Financial Member.
B. Enter into transactions, including contracts or leases, required in furtherance of this
AGREEMENT and statutory mandate, and enforce such transactions to the extent available in
equity or at law. The contracting and purchasing requirements of one party designated by the
COMMISSION shall apply hereto. The COMMISSION may approve any contract relating to
this AGREEMENT up to the amount approved in the annual budget, and may authorize the
Chair of the COMMISSION to execute those contracts.
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C. Adopt by-laws and any amendments consistent with this AGREEMENT required for the
exercise of the powers and purposes stated in this AGREEMENT. The by-laws may provide
for the appointment of ex officio, non-voting members to the COMMISSION by the
COMMISSION. The by-laws shall be effective only if approved by unanimous vote of all
Financial Members of the COMMISSION.
D. Apply for and accept gifts, grants, loans of money, other property, or assistance on behalf of
the contracting parties from the United States government, the State of Minnesota, or any
person, association, or agency for any of its purposes, including any grant which may be
available, enter into any agreement in connection therewith, and hold, use and dispose of such
money, other property, and assistance in accordance with the terms of the gifts, grants, or
loans relating thereto.
E. Acquire and hold stich real and personal property as may be required to accomplish the
purposes of this AGREEMENT and, upon tennination of this AGREEMENT,make
distribution of such property as is provided for in this AGREEMENT.
F. Employ agents and employees, and to fix the compensation and all other terns and conditions
of employment thereof.
G. Incur debts, liabilities, or obligations which do not constitute a debt of any of the parties. The
Joint Powers Board does not have authority to incur debts, liabilities, or obligations which
constitute a debt of any of the parties.
H. Sue and be sued in its own name.
All powers granted herein shall be exercised by the COMMISSION in accordance with the legal
requirements applicable to the regional railroad authorities.
ARTICLE 7. OFFICERS, EMPLOYEES,AND SERVICES
A. The COMMISSION shall elect a Chair and Vice-Chair from its membership at its first regular
meeting each year. The Chair and Vice-Chair shall be elected by the COMMISSION from its
membership for a term of one (1) year. The Chair shall preside at all meetings of the
COMMISSION, may establish such subcommittees as may be needed from time to time and
shall perform other duties and functions as may be determined by the COMMISSION. The
Vice-Chair shall preside over and act for the COMMISSION during the absence of the Chair.
If both the Chair and Vice-Chair are absent, the COMMISSION may elect a temporary Chair
to conduct its business, provided a quorum is present.
Notwithstanding any provision to the contrary, following the EFFECTIVE DATE of this
AGREEMENT, the term of the prior COMMISSION's officers shall automatically expire and
a special election shall be held to elect interim officers. The term of the interim officers
commence upon election by the COMMISSION and continue until the first regular meeting of
the following year, at which time elections will be held to elect pennanent officers pursuant to
this section who will serve a term according to this section.
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B. Executive Committee. The COMMISSION shall establish an Executive Committee of the
COMMISSION consisting of one (1) representative of each Financial Member. The
Executive Committee shall develop and make recommendations to the COMMISSION
regarding the ongoing responsibilities of the COMMISSION, and shall have such other duties
as set forth in the COMMISSION's by-laws.
C. Staff. Each party may provide staff support to the COMMISSION, subject to the approval of
the COMMISSION.
D. Vacancies. If an appointment of any COMMISSION member or alternate is vacated before
the end of his or her term, the vacancy shall be filled by appointment by the appropriate
appointing governing body. Vacancies shall be filled within thirty (30) days of their
occurrence. A vacancy shall be deemed to have occurred when any of the conditions
specified in Minn. Stat. § 351.02 exist.
E. Meetings. The COMMISSION shall meet at regular intervals at such times and places as the
COMMISSION shall establish in its by-laws. Special meetings may be held on reasonable
notice by the Chair or any two members upon terms and conditions as the COMMISSION
may determine and that conform to the Minnesota Open Meeting Law, Minn. Stat. § 13D.
F. Committees. The COMMISSION may establish standing committees of the COMMISSION
by providing for such committees by resolution. The Chair may establish ad hoc committees
of the COMMISSION.
ARTICLE 8. FUNDING
A. Financial Partners' Contribution. Within sixty (60) days of the EFFECTIVE DATE, the
COMMISSION shall review the budget for the calendar year in which the EFFECTIVE
DATE occurs and determine the balance of unencumbered funds. The COMMISSION shall
credit all unencumbered funds (BALANCE CREDIT)to the Dakota County Regional
Railroad Authority, Ramsey County Regional Railroad Authority, and Washington County
Regional Railroad Authority in proportion to their respective contributions. The
COMMISSION shall thereafter modify or affirm the budget for the remainder of the calendar
year, and shall assess the Financial Members their proportionate share of the budget as
follows:
10.0% Dakota County Regional Railroad Authority
17.5% Hennepin County Regional Railroad Authority
37.5% Ramsey County Regional Railroad Authority
35.0% Washington County Regional Railroad Authority
The assessment for Dakota, Ramsey, and Washington County Regional Railroad Authorities
shall be deducted from their respective BALANCE CREDITS.
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B. Annual Budget. For the calendar year next following the calendar year in which the
EFFECTIVE DATE occurs and all subsequent years, the COMMISSION shall establish and
approve a budget. Each Financial Member shall be assessed for its proportionate share of the
budget according to the schedule above. The Dakota, Ramsey, and Washington.County
Regional Railroad Authorities' assessment shall be first deducted from any remaining
BALANCE CREDIT, with any remainder due as in Section D hereof.
C. Financial Members' Budget Approval. Adoption of the budget shall require unanimous
approval of the Financial Members.
D. Contribution Date. Except for any initial contribution required by this AGREEMENT,
assessments made under the provisions of this article shall be paid by each Financial Member
by January 3 of each year. The initial contribution shall be made within sixty(60) days of the
adontion of the budget pursuant to Article 8(A) hereof.
E. Budgeting,Accounting, Fiscal Agent, and Other Services. The COMMISSION may
contract with any party to provide contract management, legal review, and budgeting and
accounting services necessary or convenient for the COMMISSION and otherwise act as the
COMMISSION's fiscal agent. Such services shall include, but not be limited to, management
of all funds, including contributions and grant monies, payment for contracted services, and
relevant bookkeeping and record keeping. The contracting and purchasing requirements of
the member so selected shall apply to transactions of the COMMISSION. Such member shall
identify the staff person to work as liaison with the COMMISSION.
F. Accountability for Funds. All funds shall be accounted for according to generally
acceptable accounting principles. A report on all receipts and.disbursements shall be
forwarded to the COMMISSION on an annual basis. The parties have the authority to request
reports pertaining to any and all budgeting and accounting services. All interest earned from
established COMMISSION funds shall be credited back to that same fund.
G. Cost Sharing Agreement. The Financial Members may enter into, but are not bound to enter
into, cost sharing agreements with each other for the purpose of providing additional local
funding to carry out the purposes of the commission, including, but not limited to, the
following:
1) It is contemplated that the Financial Members will enter into a cost sharing agreement for
the purposes of funding a local 20% share for a Red Rock Corridor alternatives analysis-
scoping study to be matched by a federal 80% share from the federal Twin Cities
Transitways Grant. By entering into this joint powers agreement, the Federal Members
agree to enter into the cost sharing agreement.
2) It is contemplated that some or all of the Financial Members will also enter into a cost
sharing agreement for the purposes of funding a local share for draft environmental impact
statement to be matched by a federal funding share of draft environment impact statement
at a future date.
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ARTICLE 9. WITHDRAWAL AND TERMINATION
A. Withdrawal. Any party may withdraw from this AGREEMENT upon 90-days prior written
notice evidenced by resolution of the party's governing body to the COMMISSION. In the
event of withdrawal by any party, this AGREEMENT shall remain in full force and effect as
to all remaining parties.
B. Effect of Withdrawal,Disposition of Property, Funds, and Obligations. A party
withdrawing from this AGREEMENT shall, prior to such withdrawal, pay the full amount of
any unpaid assessments to the COMMISSION as defined in Article 8. A party withdrawing
from this AGREEMENT shall not receive a distribution of property or funds until such time
as this AGREEMENT is terminated by all parties pursuant to this Article 9. Such disposition
of property shall be in accordance with the provisions of Section D of this Article 9.
Any member withdrawing shall be liable for any assessment in the year in which the
withdrawal becomes final only for the period in such year that the party remains a party. The
party's assessment shall not exceed the sum of one-twelfth (1/12t)the full assessment
multiplied by the number of months or fractions thereof in the year during which the party
remains a party.
C. Termination. This AGREEMENT shall terminate upon the occurrence of any one of the
following events:
a) When necessitated by operation of law or as a result of a decision by a court of
competent jurisdiction; or
b) When a majority of the parties agrees to terminate this AGREEMENT.
D. Disposition of Property and Funds. At such time as this AGREEMENT is terminated, any
property interest remaining in the COMMISSION, following discharge of all obligations
owed by the COMMISSION, shall be disposed of and the proceeds of the property shall be
returned to the parties in proportion to their contribution.
E. Effect of Withdrawal of Financial Member on Budget. In the event a Financial Member
withdraws, the unpaid assessment allocable to such member in the year of withdrawal and
subsequent years shall be reallocated to the remaining Financial Members in proportion that
the assessment allocations under Article 8(A) hereof bear to each other.
ARTICLE 10. MISCELLANEOUS
A. Amendments. This AGREEMENT may be amended by unanimous agreement of the parties
as evidenced by resolutions adopted by the respective governing bodies.
B. Records,Accounts, and Reports. The COMMISSION shall establish and maintain,such
funds and accounts as may be required by good accounting practices. The books and records
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of the COMMISSION shall be subject to the provisions of Minn. Stat. Ch. 13, the Mirmesota
Government Data Practices Act, and Minn. Stat. § 16C.05, subd. 5. The COMMISSION,
within one hundred twenty (120) days after the close of each fiscal year, which shall be
January 1 to December 31, shall give a complete written report of all financial activities for
such fiscal year to the parties.
C. Counterparts. This AGREEMENT may be executed in two or more counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same
instrument.
D. Severabilitv. The provisions of this AGREEMENT are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of the AGREEMENT is for any reason held to be
contrary to law, or contrary to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of this AGREEMENT.
E. Entire A14reement. This AGREEMENT constitutes the entire agreement between the parties
and supersedes all prior written or oral agreements relating to the COMMISSION.
F. Alternative Dispute Resolution. In the event of a dispute arising under this AGREEMENT,
the parties and the COMMISSION agree to attempt to resolve their dispute by following the
process described below:
1) A party shall provide written notice to the COMMISSION describing perceived
conflict, positions, and underlying reasons.
2) The COMMISSION or member shall provide written response to notice within
seven (7) days of receipt of notice.
3) The parties shall meet within 14 days of receipt of response with a neutral facilitator.
The neutral facilitator will be a representative from the Minnesota Office of Dispute
Resolution. Costs of such facilitator shall be shared equally by all parties to the
dispute.
4) At the first meeting,the neutral facilitator will assist the parties in identifying the
appropriate parties and participants in the dispute resolution process,their concerns,
a meeting agenda and design for any subsequent meetings. The parties shall agree
on a process for resolving the problem that would involve additional negotiations,
mediation, or arbitration.
5) In developing the process, the parties will be guided by the following principles:
i) the parties will attempt in good faith to reach a negotiated settlement;
ii) the parties agree that there must be fair representation of the parties directly
involved in the dispute;
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iii) the parties will use legal proceedings as a last resort; and
iv) in the event the parties are unable to resolve the dispute, each party retains all
rights, remedies, or defenses it had prior to entering the process.
6) The parties will report to the COMMISSION within 60-days of their first meeting
on the resolution of the dispute or a recommendation to commence legal
proceedings.
IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands on the
date written below.
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Washington County Regional Railroad Authority
Myra Peterson, air Date
7 °
J es R. Schug, County' dministrator Date
Approved as to form
7//9
George K rian, Msistant County Attorney Date
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RAMSEY COUNTY RE ZONAL R I AD AUTHORITY
By:
izz/o
L Rafaeleg , Chair Date
And:
Kathy DeS egel ere, Director Date
Ramsey County Regional Railroad Authority
Approved as to form and execution:
y —
David MacMillan, Assistant County Attorney Date
X:\Word\Red Rock Corndor\Red Rock Corridor Commission\Agenda Items\2004UPA Signature Memo 5- 19-04.doc
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DAKOTA COUNTY REGIONAL RAILROAD AUTHORITY
By:
Cf D
Willis E. Branning, Chair D to
Approved as to form:
Karen Schaffer, As i taut County Attorney Da e
X:\Word\Red Rock Corridor\Red Rock Corridor Commission\Agenda Items\20041.JPA Signature Memo 5- 19-04.doc
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CITY OF NEWPORT
Attest:
V/
Kevin Ihapdel ine, M or Date
04-
Larry Bo h City Administrator Date
CilmVll 1l01 IDA C;-+.-AA--,4-
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CITY OF ST. PAUL PARK
Attest:
John Hunziker,Payor Date
Barry Sittlow, City Administrator Date
X:\Word\Red Rock Corridor\Red Rock Corridor Commission\Agenda Items\2004UPA Signature Memo 5-19-04.doc
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CITY OF HASTINGS
Attest:
71t Z-
Michael Werner, Mayor Date
Melanie Mesko Lee, City Clerk Date `
N:\Word\Red Rock Corridor\Red Rock Corridor CommissionWgenda Items\2004UPA Signature Memo 5-19-04.doc
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DENMARK TOWNSHIP
Attest:
Margaret Vowers, Chair Date
Tracy Fritz , Clerk/Treasurer Date
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Washington County Regional Railroad Authority
02 L
Myra Pe on, Chair Date
yr G 7 u-7 D
J es R. Schug, Count Administrator Date
Approved as to form an
7 7 .7 /
George Ku rian, A ' istant County Attorney Date
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iii) the parties will use legal proceedings as a last resort; and
iv) in the event the parties are unable to resolve the dispute, each party retains all
rights, remedies, or defenses it had prior to entering the process.
6) The parties will report to the COMMISSION within 60-days of their first meeting
on the resolution of the dispute or a recommendation to commence legal
proceedings.
IN WITNESS WHEREOF, the parties to this AGREEMENT have hereunto set their hands on the
date written below.
Approved as to fonn HENNEPIN COUNTY REGIO L
and execution RAILROA"UTHORITY ;
STATE Qr?NFISOTA
By:
Assist t C my At Chair of Its Board
Date: 7
e uty/E utive Director
ATTEST:
Deputy/Clerk f Authority Boa
10 of 10-
69126(4th/vers)
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CITY OF COTTAGE GROVE
Attest:
2 =
Sa y Shiel May Date
R a chroeder, City Administra or Date
X:\Word\Red Rock Corndor\Red Rock Corridor Commission\Agenda Items\2004'JPA Signature Memo 5- 19-04.doc
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