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CITY OF HASTINGS
CITY COUNCIL AGENDA
Monday, March 3, 2025 7:00 p.m.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. DETERMINATION OF QUORUM
Proclamation: Declaring to Drive Out Hunger During MN FoodShare for Hastings Family
Service
Proclamation: Multiple Sclerosis Week
V. APPROVAL OF MINUTES
Approve Minutes of the City Council workshop and regular meeting on February 18, 2025.
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 Temporary One-Day Gambling and Temporary One-Day Liquor License
for Hastings Family Service
3. Resolution: Approve Temporary One-Day Gambling Permit for the Hastings Catholic
Education Foundation
4. Resolution: Accept Donation from the Minnesota Jaycees Charitable Foundation to the Fire
Department
5. Resolution: Accept Donation from the Miesville Lions Club to the Police Department
6. 1st Reading: Ordinance Amendments
a. City Code Chapter 34.03 – Fees
b. City Code Chapter 112 – Tobacco Regulations
7. Approve Amended 2024 – 2026 School Resource Officer and Traffic Control Agent Program
Agreement with ISD 200
8. Declare Surplus Property and Authorize Public Sale: Building Department Vehicle
9. Appoint Parks and Recreation Commissioner Chelsea Piskor
10. Accept Proposal and Authorize Work: Police Department Air Handler Reconfiguration
11. Authorize Signature of Metropolitan Council 2025 Private Property Inflow and Infiltration (I/I)
Grant Agreement No. SG-22738
12. Approve Joint Powers Agreement for 15th Street and Bailey Street TSS Reduction Project
Between the Vermillion River Watershed Joint Powers Organization and the City of Hastings
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.
1. 2025 Neighborhood Infrastructure Improvements and Authorize Advertisement for Bids
a. Conduct Public Hearing
b. Resolution: Consider Approving Plans and Specifications
X. REPORTS FROM CITY STAFF
These items are intended primarily for Council discussion and action. It is up to the discretion of
the Mayor as to what, if any, public comment will be heard on these agenda items.
A. Public Works
B. Parks and Recreation
C. Community Development
D. Public Safety
1. Gores Pool #3 Wildlife Management Area
a. Remove from Table
b. Resolution
2. ATV/UTV Ordinance Recommendations
3. E-Bike Ordinance Recommendations
E. Administration
1. PFAS
a. PFAS Update
b. Letter to Co-Trustees: Prioritize Clean Drinking Water
2. 2nd Reading and Adoption: Ordinance Amendments:
a. City Code Chapter 90.16 – Sidewalk Cafés
b. City Code Chapter 90.17 – Parklets
XI. UNFINISHED BUSINESS
XII. NEW BUSINESS
XIII. REPORTS FROM CITY COMMITTEES, OFFICERS, COUNCILMEMBERS
XIV. ADJOURNMENT
Next Regular City Council Meeting: Monday, March 17, 2025 7:00 p.m.
Proclamation
Declaring to Drive Out Hunger during MN FoodShare for
Hastings Family Service
WHEREAS, MN FoodShare March campaign has helped restock food shelves throughout
the state of MN for 44 years; and,
WHEREAS, 9 million visits were made to food shelves in Minnesota in 2024, an increase of
over 1.5 million visits over the previous year; and,
WHEREAS, Hastings Family Service strives to help our community members meet their
basic needs of food, housing, transportation and clothing; and,
WHEREAS, In 2024, Hastings Family Service served 2,658 families with a 7 to 10 day
supply of food, an increase of 78% since 2022. Hastings Family Service also provided over 453,000
pounds of food, and delivered nearly 22,000 meals through Meals on Wheels, with numbers
continuing to rise; and,
WHEREAS, Hastings Family Service is celebrating 55 years of service to the community;
and,
WHEREAS, the generosity of our community makes it possible for Hastings Family Service
to provide help and hope to our neighbors, and all gifts of money and food are proportionately
matched by MN FoodShare throughout the month of March; and,
NOW, THEREFORE, BE IT RESOLVED, that I, Mayor Mary Fasbender of the City of
Hastings do hereby declare that the Hastings Community will work together during MN FoodShare
to support and restock the Market Food Shelf at Hastings Family Service to drive out hunger in our
community.
_________________________________
Mary D. Fasbender, Mayor
Proclamation
Observing March 9th – 15th, 2025 as Multiple Sclerosis Week
WHEREAS, Multiple Sclerosis (MS) is a neurological disease of the central nervous system, affecting nearly 1
million people in the United States alone; and
WHEREAS, Multiple Sclerosis generally strikes people in the prime of life, between ages 20 through 50, and the
cause and course of the often debilitating symptoms of MS remain unknown and no cure currently exists; and
WHEREAS, The National Multiple Sclerosis Society is committed to a world free of MS, heightening public
knowledge about and insight into the disease; and
WHEREAS, Together we have transformed what it means to live with MS and provided global leadership to help
achieve our vision of a world free of MS; and
WHEREAS, Since 1946, the National Multiple Sclerosis Society has been a driving force of MS research,
relentlessly pursuing prevention, treatments, and a cure, and has invested more than $1 billion in groundbreaking research;
and
WHEREAS, Funds raised through the National Multiple Sclerosis Society fuel research on pathways to MS cures
and invest in the MS research workforce at the best medical centers, universities, and other institutions throughout the
U.S. and abroad, leading to many breakthroughs in the treatment of MS; and
WHEREAS, The mission of the National Multiple Sclerosis Society is to cure MS while empowering people
affected by MS to live their best lives and one that all Americans and Minnesotans should support; and
WHEREAS, Minnesota recognizes the importance of finding the cause and cure of MS and expresses its
appreciation for the dedication that the National Multiple Sclerosis Society – Upper Midwest Chapter has shown toward
creating a world free of MS;
NOW, THEREFORE, I, Mayor Mary Fasbender of the City of Hastings, by virtue of the authority vested in me
by the Constitution and the laws of the great State of Minnesota, do proclaim March 9th – 15th, 2025 as MS Awareness
Week, and do commend this observance to all of our citizens. I encourage all Minnesota citizens to learn more about
multiple sclerosis and what they can do to support individuals with MS and their families.
_____________________________
Mary D. Fasbender, Mayor
Hastings, Minnesota
City Council Workshop
February 18, 2025
The City Council of the City of Hastings, Minnesota met in a workshop on Tuesday, February
18, 2025, at 5:30 p.m. in the Volunteer Room at the Hastings City Hall, 101 East 4th Street,
Hastings, Minnesota.
Members Present: Mayor Fasbender, Councilmembers Beck, Haus, Lawrence, Leifeld,
Pemble, and Vihrachoff
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
Police Chief Dave Wilske
Mayor Fasbender called the workshop to order at 5:30 pm and welcomed councilmembers to the
workshop. Chief Wilske provided an overview of the principles of National Incident
Management System (NIMS) and Incident Command System to allow for shared vocabulary and
approach to integration of facilities, equipment, processes and personnel when managing
incidents and disasters. Chief Wilske led the councilmembers through an exercise to demonstrate
Council role in a simulated emergency situation.
ADJOURNMENT
Workshop adjourned at 6:52 p.m.
____________________________ ______________________________
Mary D. Fasbender, Mayor Kelly Murtaugh, City Clerk
City Council packets can be viewed in searchable format on the City’s website at
https://www.hastingsmn.gov/city-government/city-council/city-council-documents-copy
Hastings, Minnesota
City Council Meeting Minutes
February 18, 2025
The City Council of the City of Hastings, Minnesota met in a regular meeting on Tuesday, February 18,
2025 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 Beck, Haus, Lawrence, Leifeld, Pemble, and
Vihrachoff
Members Absent: None
Staff Present: City Administrator Dan Wietecha
Assistant City Administrator Kelly Murtaugh
City Attorney Greta Bjerkness
Economic Development Coordinator Alex Menke
Public Works Director Ryan Stempski
Proclamation: Recognizing Public Works Senior Operator Joe Birk’s Service to the City of
Hastings
Approval of Minutes
Mayor Fasbender asked if there were any additions or corrections to the minutes of the City
Council regular meeting on February 3, 2025.
Minutes were approved as presented.
Consent Agenda
Councilmember Pemble motioned to approve the Consent Agenda as presented, seconded by
Councilmember Haus.
7 Ayes, 0 Nays.
1. Pay Bills as Audited
2. Resolution No. 02-04-25: Accept Donation from Gail Weinstein to the Fire Department
3. Resolution No. 02-05-25: Accept Donation from Dakota Electric Association to the Parks and
Recreation Department
4. Accept Sponsorship for Movies in the Park from SMEAD Manufacturing
5. Resolution No. 02-06-25: Approve In-Store Fireworks Sales – Phantom Fireworks at Fleet
Farm #6500, 875 General Sieben Dr
6. Resolution No. 02-07-25: Approve One-Day Temporary Gambling Permit for Patriot
Assistance Dogs
7. Appoint Arts & Culture Commissioner – Molly Kapping
8. Resolution No. 02-08-25: Approve Plans and Authorize Advertisement for Bids – 2025 Mill
& Overlay Program
9. Approve 2025 Pavement Management Projects in Accordance with the South Metro Joint
Powers Agreement – Traffic Markings and Crack Seal
10. Approve Sanitary Sewer Service Repair Assessment Request – 503 Ramsey Street
11. Declare Surplus Property and Authorize for Public Sale – Survey and Traffic Counting
Equipment
12. Tobacco Regulations: Status Report
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 Civic Arena Mural
Authorize Signature of Professional Services Agreement
Authorize Disbursement of an Interfund Loan
Menke presented an overview of the request to authorize signature of a professional services
agreement for design and installation of a mural on the exterior of the Hastings Civic Arena. The request is
accompanied by consideration to disbursement of an interfund loan from the General Fund to the Arts &
Culture Commission for an amount not to exceed $38,000.00, with the understanding that it will be repaid
through four installments coming out of future Commission budget allocations.
Council expressed appreciation to the work of the Arts & Culture Commission for preparing the
mural project and the representation of women in the design. Council posed questions regarding the
overall timeline and the impact to the Arts & Culture Commission budget and other Commission
activities. Menke indicated the goal is to have the mural completed by the end of 2025 and reviewed the
structured budget over the next four (4) years which covers repayment as well as other activities. Council
posed questions regarding maintenance of the permanent installation, opportunity for community
engagement fundraising, and proposed design changes. Menke indicated he will work with staff to
determine who will be responsible for maintenance once it is installed and that staff has been in working
with the artist for design changes and that it should not impact cost.
Councilmember Pemble motioned to authorize signature of a Professional Services Agreement,
seconded by Councilmember Lawrence.
7 Ayes, 0 Nays.
Councilmember Haus motioned to authorize disbursement on an Interfund Loan, seconded by
Councilmember Vihrachoff.
7 Ayes, 0 Nays.
1st Reading: Ordinance Amendments
City Code Chapter 90.16 – Sidewalk Cafés
City Code Chapter 90.17 - Parklets
Murtaugh provided an overview of the request to approve the first reading of ordinance
amendments to City Code Chapter 90.16 regarding Sidewalk Cafés and Chapter 90.17 regarding
Parklets. Staff met with a few downtown business owners regarding the existing requirements of
Sidewalk Cafés and Parklets. As a result, staff is proposing ordinance amendments to both chapters of
City Code defining the ability to expand the footprint for parklets while maintaining an accessible
walkway. Additional amendments provide clarifying ordinance language around definitions and
conditions for the licenses.
Council discussion on communication with downtown business owners and accessibility
requirements for the parklet expansion to the stamped concrete. Murtaugh shared communication was
send to license holders and the Downtown Business Association prior to creation of the proposed
amendments and shared anticipated requirements for parklet expansions.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Haus.
7 Ayes, 0 Nays.
Authorize Signature: First Amendment to Purchase Agreement at 1292 North Frontage Road
Stempski presented an overview of the request to authorize signature of the first amendment to
the purchase agreement for the acquisition of the property at 1292 North Frontage Road. The first
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
amendment to the purchase agreement includes revisions to move the closing date back from February
28, 2025 to May 30, 2025 to allow for the Phase II Environmental Site Assessment to be completed.
Another revision includes if the City terminates the agreement and does not close on the property, the
earnest money in the amount of $10,000 would be retained by the seller for lost rent and other costs.
Council discussion on clarifying which property is referenced.
Councilmember Leifeld motioned to approve as presented, seconded by Councilmember Haus.
7 Ayes, 0 Nays.
Announcements
• Happy Birthday to Councilmember Lisa Leifeld.
Meetings
• Parks and Recreation Commission Meeting on Wednesday, February 19, 2025 at 6:00 p.m.
• Public Safety Advisory Commission Meeting on Thursday, February 20, 2025 at 6:30 p.m.
• Planning Commission Meeting on Monday, February 24, 2025 at 7:00 p.m. – Cancelled
• Administration Committee Meeting on Monday, February 24, 2025 at 7:00 p.m. – Cancelled
• City Council Retreat on Saturday, March 1, 2025 at 8:00 a.m.
• City Council Meeting on Monday, March 3, 2025 at 7:00 p.m.
Councilmember Pemble motioned to adjourn the meeting at 7:37 PM, seconded by
Councilmember Haus. Ayes 7; Nays 0.
___________________________ ____________________________
Kelly Murtaugh, City Clerk Mary D. Fasbender, Mayor
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Connie Lang - Accountant
Date: 02/27/2025
Item: Disbursements
Council Action Requested:
Staff requests:
Council review of Jan 2025 CC payments.
Council review of weekly routine disbursements issued 02/19/2025 and 02/25/2025.
Council approval of routine disbursements, capital purchases and employee reimbursements to be issued
03/04/2025.
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:
Jan 2024 CC Payments $ 39,019.23
Disbursement checks, ACH issued on 02/19/2025 $ 19,432.56
Disbursement checks, ACH issued on 02/25/2025 $ 129,135.97
Disbursement checks, ACH to be issued on 03/04/2025 $ 261,133.78
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: ● Council Reports
VIII-01
Vendor Description Amount Account
Department Of Labor An December 2024 Bldg Permit Surcharge 2,253.74 101-0000-2015.0000
Ehlers Seminar Ehlers 2025 Public Finance seminar 350.00 101-1021-6323.0000
Delta 00672025200206 National GFOA annual conference airfare to Washington, DC 408.97 101-1021-6323.0000
Fsp Mn Govt Finance Of MNGFOA 2025 annual membership dues 70.00 101-1021-6433.0000
Tst Froth & Cork2 Dakota County Mayors & Managers Meeting 1/17 134.94 101-1021-6450.0000
Signarama City Attorney Council Nameplate 83.13 101-1021-6450.0000
Tst The Quarry Taphous City Council Workshop 1/6/2025 114.78 101-1021-6450.0000
Cub Foods #1635 City Council Workshop 1/6/2025 22.17 101-1021-6450.0000
League Of Minnesota Ci Safety and Loss Control Workshop 20.00 101-1051-6323.0000
Checkr, Inc Checkr.Com Background checks 267.25 101-1052-6307.0000
Shred Right monthly shred service 18.85 101-1052-6310.0000
Column Public Notice ordinance publications 115.39 101-1071-6335.0000
Column Public Notice legal publications in newspaper 751.74 101-1071-6335.0000
Ehlers Seminar Ehlers 2025MN Public Finance Seminar - DeBernardi 250.00 101-1201-6323.0000
Government Finance Off GFOA - Ashley 525.00 101-1201-6323.0000
Orbitz 73014718269233 travel insurance for GFOA flight since so far in advance 35.38 101-1201-6323.0000
Government Finance Off 2025 National GFOA Conference registration 525.00 101-1201-6323.0000
Allianz Travel Ins DeBernardi-travel Ins for Ehlers conference.29.63 101-1201-6325.0000
Delta 00623002291741 DeBernardi - Flts for Ehlers Conference 438.96 101-1201-6325.0000
Amazon Mark Z79g84fp2 stair vacuum and folding shelf for entry 349.99 101-1401-6211.0000
Amazon Mark Z507q5ze0 stick vacuum for tight area's and rubber glove holder 361.97 101-1401-6211.0000
Amazon Mark Zd1mt6hf1 Rivet nut tool and inserts 98.98 101-1401-6217.0000
Amazon Mark Zd5h96pt1 laptop bag and power pak 49.48 101-1401-6217.0000
Centerpointenergy Mn G PD - Interrupt - Centerpoint 3,687.19 101-1403-6345.0000
Amazon Mark Z79g84fp2 stair vacuum and folding shelf for entry 23.93 101-1403-6353.0000
Amazon Reta Zd5i112t2 Credit for drinking fountain missing parts -1,312.99 101-1403-6353.0000
Amazon Reta Z53oh5ac2 CREDIT for returned drinking fountain wrong one -1,312.99 101-1403-6353.0000
Menards Cottage Grove Ceiling tiles and Supplies 129.00 101-1403-6353.0000
Amazon Reta Z53oh5ac2 Sent wrong one drinking fountain 1,312.99 101-1403-6353.0000
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Amazon Reta Zp0az9ul0 Drinking fountain filter 81.99 101-1403-6353.0000
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Butler Park Parking - EDAM Conference - Hinzman 10.00 101-1501-6325.0000
Butler Park Parking - EDAM Conference - Hinzman 18.00 101-1501-6325.0000
Delta 00622971284961 Airline Flight - APA National Conference - Hinzman 236.97 101-1501-6325.0000
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Amazon Mktpl Z59ze4bk1 ipad stylus for bldg dept, surge protectors and usb adapters for spare 45.46 101-1601-6217.0000
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Ebay O 12-12505-97459 Lifter for the one mitel headset that didn't include one 9.95 101-1601-6217.0000
Comcast Cable Comm Cable 84.90 101-1601-6308.0000
Simpletexting Llc SimpleTexting Subscription 63.00 101-1601-6310.0000
Zoom.Com 888-799-9666 Zoom annual subscription 959.70 101-1601-6310.0000
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Peerless Network Inc Peerless Network 339.92 101-1601-6321.0000
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Innovative Office Solu Office Supplies - citation paper 37.46 101-2010-6201.0000
Innovative Office Solu Office supplies 25.86 101-2010-6201.0000
In Mn Chiefs Of Polic Gun Permits 137.00 101-2010-6201.0000
Kwik Trip #249 Propane for HPD owned Blackstone grill. 49.71 101-2010-6217.0000
Wm Supercenter #1472 cleaning supplies for ALERRT training center 38.68 101-2010-6217.0000
Eurooptic Ltd Bauer, David - uniform allowance. Red Dot Sight for a back-up weapon. 602.00 101-2010-6218.0000
Sp Tier 1 Concealed Bauer-Uniform allow. Universal appendix carry holster for off-duty back-up weapon. 176.97 101-2010-6218.0000
Symbolarts, Llc Symbol Arts Badge for Inv. Haedt - Dept. purchase 135.00 101-2010-6218.0000
Amazon Reta Ze2jq91k1 Kline, Ryan - uniform allowance - Inner Velcro belt 27.81 101-2010-6218.0000
Usps Po 2642300046 postage purchase to send blood sample to BCA 5.40 101-2010-6322.0000
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Fh Grey Group Vehicle Suppression Training - Latsch - 818.85 818.85 101-2010-6323.0000
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Homefront Fentanyl overdose class.225.00 101-2010-6323.0000
Rvt City Of Burnsvill CSI course for Investigator Haedt 875.00 101-2010-6323.0000
In Mn Chiefs Of Polic MN Chiefs conference registration for Chief, DC, and Commander 1,755.00 101-2010-6323.0000
Safariland Training Gr Beuch Impact Munitions Instructor School 625.00 101-2010-6323.0000
Safariland Training Gr Bauer Impact Munitions Instructor School 350.00 101-2010-6323.0000
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Credit Card Payments
January 2025
VIII-01
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Autozone 4570 Rocker Switch 3.24 101-3200-6353.0000
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Nte 5410 tools 199.23 200-4440-6240.0000
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Spotify music for events 12.96 200-4440-6433.0000
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Usps Po 2642300046 Certified postage 5.58 213-2100-6322.0000
Minnesota State Colleg Fire officer class for Kaitlin Neuman 400.00 213-2100-6323.0000
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Dive Rescue Internatio student materials for ice rescue tech class 251.00 213-2100-6323.0000
Fdic Jems FDIC International 2025 conference for Cysiewski 1,280.00 213-2100-6323.0000
Fdic Jems FDIC international registration - James Heck 1,280.00 213-2100-6323.0000
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Trophies Plus Of Hasti Reserve Officer of the Year/ROY plaques 104.00 221-2010-6450.0000
Presidents Vol Srv Awa Reserve Presidential Service Awards 41.47 221-2010-6450.0000
Wal-Mart #1472 Neighborhood Project Open House Supplies and Office Supplies 55.34 430-3200-6590.2025
Psn Minnesota Rwa Mn MN Rural Annual Conference Matt L.350.00 600-3300-6323.0000
Psn Minnesota Rwa Mn MN Rural Water Annual Conference - Joe S 350.00 600-3300-6323.0000
Amzn Mktp US Z50hw78s0 Filters 71.58 600-3300-6357.0000
Amazon Mktpl Zp7l75hn1 Motor repair/rebuild kit 87.98 600-3300-6357.0000
Flight Systems Inc E-panel 1,215.00 601-3400-6357.0000
Amazon.Com Zd53z8t80 Solenoid 165.43 601-3400-6357.0000
U Of M Contlearning Ol Bo Erosion Class 130.00 603-3600-6323.0000
TOTAL 39,019.23
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
VIII-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: March 3, 2025
Item: One-Day Temporary Gambling Permit and Temporary On-Sale Liquor License for
Hastings Family Service
Council Action Requested:
Approve the attached resolution allowing the one-day temporary gambling permit and one-day
temporary liquor license for the Hastings Family Service.
Background Information:
Hastings Family Service submitted an application for a one-day temporary gambling permit and
temporary liquor license to hold a fundraising raffle as a part of their Hastings Tastings Event on
March 24, 2025.
Financial Impact:
The associated fee has been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-02
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ________________
RESOLUTION APPROVING THE APPLICATION BY THE HASTINGS FAMILY
SERVICE FOR A TEMPORARY ONE-DAY GAMBLING PERMIT AND TEMPORARY
ONE-DAY LIQUOR LICENSE
WHEREAS, the Hastings Family Service has presented an application to the City of
Hastings for a one-day temporary gambling permit and one-day temporary liquor license on March
24, 2025 to be held at St. Elizabeth Ann Seton Church, 2035 15th Street West, Hastings; and;
WHEREAS, the Minnesota Alcohol and Gambling Enforcement Division requires a
resolution be passed to approve this request; and
WHEREAS, an application for a one-day temporary gambling permit and one-day
temporary liquor license has been presented;
WHEREAS, the required fee of $25.00 for each has been paid.
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 and forward to
the appropriate agency, showing the approval of this application.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA THIS
3RD DAY OF MARCH, 2025.
ATTEST:
____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
VIII-02
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Emily King, Deputy City Clerk
Date: March 3, 2025
Item: One-Day Temporary Gambling Permit for the Hastings Catholic Education
Foundation
Council Action Requested:
Approve the attached resolution approving the one-day temporary gambling permit for the
Hastings Catholic Education Foundation.
Background Information:
The Hastings Catholic Education Foundation submitted an application for a one-day temporary
gambling permit for a raffle to be held on June 5, 2025 at Saint Elizabeth Ann Seton Elementary
School, 600 Tyler Street.
Financial Impact:
The $25.00 One-Day Temporary Gambling License fee has been paid.
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Resolution
VIII-03
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ______________
RESOLUTION APPROVING THE APPLICATION BY
THE HASTINGS CATHOLIC EDUCATION FOUNDATION
WHEREAS, the Hastings Catholic Education Foundation has presented an application to
the City of Hastings for a one-day temporary gambling permit for a raffle to be held on June 5,
2025 at Saint Elizabeth Ann Seton Elementary School, 600 Tyler Street, 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; and
WHEREAS, the required fee of $25.00 has been paid.
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 3RD
DAY OF MARCH, 2025.
ATTEST:
____________________________
Mary D. Fasbender, Mayor
____________________________
Kelly Murtaugh, City Clerk
VIII-03
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Townsend, Fire Chief
Date: March 3, 2025
Item: Accept a Donation from Minnesota Jaycees Charitable Foundation
Council Action Requested: Council is asked to accept a donation in the amount of $825.00, made to
the fire department, and to adjust the fire donation account #213-2100-5815 in the same amount.
Background Information: The Minnesota Jaycees Charitable Foundation has made this donation to be
used towards fire department needs.
Financial Impact: Increase the fire donation account by $825.00
Advisory Commission Discussion: N/A
Council Committee Discussion: N/A
Attachments: Resolution
Mayor Thank You Letter
VIII-04
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION __________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
DONATIONS TO THE HASTINGS FIRE DEPARTMENT
WHEREAS, the Minnesota Jaycees Charitable Foundation made a
donation to be designated to the fire department; and
WHEREAS, the City Council is appreciative of the donation and
commends the Minnesota Jaycees Charitable Foundation 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 3rd day of March, 2025.
________________________________
Mary Fasbender, Mayor
Attest:
____________________________
Kelly Murtaugh, City Clerk
VIII-04
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: David D. Wilske, Chief of Police
Date: March 3rd, 2025
Item: Donation to Hastings Police Department
Council Action Requested:
Accept donation of $1,000 from the Miesville Lions Club to purchase ballistic vests for Reserves.
Background Information:
The Miesville Lions Club is interested in donating $1,000 to Hastings Police Department to assist in
purchasing additional ballistic vests for Reserve Officers. The department has a practice of providing
ballistic vests to reserve officers, but these are often used vests after a sworn officer receives a new one.
The money will go towards purchasing two new ballistic vests that could by utilized by the reserve
officers as we continue to increase the number of volunteers that participate in this program.
Financial Impact:
Positive
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
• Resolution
• Thank You
VIII-05
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION ____________
A RESOLUTION EXPRESSING ACCEPTANCE OF AND APPRECIATION OF
A DONATION TO THE HASTINGS POLICE DEPARTMENT
WHEREAS, Miesville Lions Club have donated to the Hastings Police
Department $1,000; and
WHEREAS, this donation will be used to support the Reserve Unit with Body
Armor; and
WHEREAS, the City Council is appreciative of the donation and commends
The Miesville Lions Club for their civic efforts,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the donation is accepted and acknowledged with gratitude; and
2.That the donation will be appropriated for the Hastings Police Department as
designated; and
3.That the donation will assist the Hastings Police Departments Reserve Unit
with updated body armor.
Adopted this 3rd day of March, 2025,
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Kelly Murtaugh, City Clerk
VIII-05
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Kelly Murtaugh, Assistant City Administrator
Date: March 3, 2025
Item: 1st Reading: Ordinance Amendment – City Code Chapter 34.03 – Fee Schedule and Chapter
112 – Tobacco Regulations
Council Action Requested:
Consider First Reading of the amendments to Hastings City Code Chapter 34.03 – Fee Schedule and
Chapter 112 – Tobacco Regulations.
Background Information:
Public Safety Committee of City Council (Leifeld*, Lawrence, and Vihrachoff) is proposing ordinance
amendments to Chapter 34.03 and Chapter 112 of the Hastings City Code.
An agenda item related to the Tobacco Regulations Ordinance was added to the Council agenda on
January 21, 2025, by a unanimous vote of Council. Council then directed that the topic be placed on the
Public Safety Committee agenda for the meeting to be held on February 10.
At a recent Public Safety Committee meeting, Councilmembers recommended limiting the number of
licenses for stand-alone tobacco shops to four (4). Presently, there are eight (8) tobacco shop licenses. The
proposed amendment does not set a limit on the number of licenses for establishments where tobacco is
not the primary business purpose (gas station, grocery store, etc.). This would create two license
categories: one for stand-alone tobacco shops and one for businesses where tobacco products are not the
establishment’s primary business purpose. Under the proposed ordinance amendments, no new licenses
will be issued by City Council until the number falls below the established limit.
While reviewing proposed ordinance amendments, staff is proposing to increase the annual license fee
and implement an annual criminal history background investigation fee as these investigations are done
annually with each license renewal.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
Recommendation 3/10/2025
Attachments:
• First Reading Ordinance Amendment: Chapter 34.03 – Fee Schedule
• First Reading Ordinance Amendment: Chapter 112 – Tobacco Regulations
VIII-06 (a,b)
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA
AMENDING HASTINGS CITY CODE CHAPTER 34.03 – FEE SCHEDULE
The City Council of the City of Hastings, Dakota County, Minnesota does hereby ordain as
follows:
SECTION 1. AMENDMENT. The Code of the City of Hastings, County of Dakota, State of
Minnesota, Chapter 34.03 Fee Schedule – City Clerk
34.03 City Clerk
Tobacco
License $150.00 $250.00 Annual (July 1 – June 30)
Investigation Fee $100.00 One Time Fee Annual
SECTION 2. SUMMARY PUBLICATION. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the entire
ordinance is available without cost at the office of the City Clerk, the following summary is approved
by the City Council and shall be published in lieu of publishing the entire ordinance.
The text amendment adopted by the Hastings City Council on
, modifies City Ordinance Section 34.03 - Fee Schedule
of the City Code increasing the annual tobacco licensing fee and enacting an
annual investigation fee.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and
after its passage and publication according to law.
Adopted by the Hastings City Council on this day of , 2025.
PASSED AND ADOPTED BY THE CITY OF HASTINGS COUNCIL
.
Attest
____________________________ _____________________________
Mary D. Fasbender, Mayor, City of Kelly Murtaugh, City Clerk, City of
Hastings Hastings
VIII-06 (a,b)
Page 1
C ITY OF HA STIN GS
OR DIN AN CE N O. 2025-04
AN ORD INA NC E FOR T HE C IT Y OF HA STINGS, MINN ESOTA, A MEN DING
HASTIN GS C ITY C OD E C HA PTE R 112 REGA RD IN G TOBA CC O RE GU LATION S
The City Council of the City of Hastings, D akota County, Minnesota, does hereby
ordain as follows:
SECTION 1: A MEND MEN T “112.02 D efinitions A nd Interpretations” of
the H astings Municipal C ode is hereby am ended as follow s:
A M E N D M E N T
112.02 D efinitions A nd Interpretations
Except as otherw ise be provided or clearly implied by context, all terms shall be given their
commonly accepted definitions. The singular shall include the plural and the plural shall
include the singular. The masculine shall include the feminine and the neuter, and vice versa.
The term “shall” mean mandatory and the terms “may” mean permissive. For the purpose of
this chapter, the following definitions shall apply unless the context clearly indicates or requires
a different meaning.
C HIL D -RE SISTAN T PAC KA GIN G. Packaging that meets the definition set forth in Code
of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was
tested in accordance with the method described in Code of Federal R egulations, title 16,
section 1700.20, as in effect on January 1, 2015.
C OMPLIAN CE C HEC KS. The system the city uses to investigate and ensure that those
authorized to sell licensed products are following and complying with the requirements of this
chapter. C OMPL IA NC E CHEC KS may involve the use of persons under the age of 21 as
authorized by this chapter. C OMPLIAN CE C HE C KS shall also mean the use of persons
under the age of 21 w ho attempt to purchase licensed products for education, research and
training purposes as authorized by state and federal law s.
ELE C TR ON IC DE LIVE RY DE VICE. Any product containing or delivering nicotine,
lobelia, or any other substance, w hether natural or synthetic, intended for human consumption
through the inhalation of aerosol or vapor from the product. ELECT RONIC DELIVERY
D EV IC E includes, but is not limited to, devices manufactured, marketed, or sold as e-
cigarettes, e-cigars, e-pipes, vape pens, mods, tank systems, or under any other product name
or descriptor. E LEC TR ON IC D EL IV ERY D EV ICE includes any component part of a
product, w hether or not marketed or sold separately. EL ECTRONIC D ELIV ERY D EV IC E
does not include any product that has been approved or certified by the U.S. Food and Drug
A dministration for sale as a tobacco-cessation product, as a tobacco-dependence product, or
VIII-06 (a,b)
Page 2
for other medical purposes, and is marketed and sold for such an approved purpose.
IN DOOR A RE A . A ll space betw een a floor and a ceiling that is bounded by w alls,
doorw ays, or w indow s, w hether open or closed, covering more than 50 percent of the
combined surface area of the vertical planes constituting the perimeter of the area. A wall
includes any retractable divider, garage door, or other physical barrier, whether temporary or
permanent. A standard window screen (0.011 gauge with an 18 by 16 mesh count) is not
considered a wall.
LIC EN SED PRODU CT S. The term that collectively refers to any tobacco, tobacco-related
device, electronic delivery device, or nicotine or lobelia delivery product.
LOOSIES. The common term used to refer to a single or individually packaged cigarette.
MOVA BLE PLAC E OF BU SIN ESS. Any form of business operated out of a kiosk, truck,
van, automobile, or other type of vehicle or transportable shelter and not a fixed address, store
front or other permanent type of structure authorized for sales transactions.
N ICOTINE OR LOBEL IA D EL IV ERY PRODU CT. A ny product containing or
delivering nicotine or lobelia intended for human consumption, or any part of such a product,
that is not a tobacco or an electronic delivery device as defined in this section. NIC OT IN E
OR LOBE LIA D ELIV ERY PRODU CT does not include any product that has been
approved or otherw ise certified for legal sale by the U .S. Food and D rug A dministration as a
tobacco-cessation product, a tobacco-dependence product, or for other medical purposes, and
is being marketed and sold solely for that approved purpose.
R ETA IL ESTA BL ISHMEN T. Any place of business where licensed products are available
for sale to the general public. Retail establishments shall include, but to not be limited to,
grocery stores, convenience stores, and restaurants.
SA LE. Any transfer of goods for money, trade, barter, or other consideration.
SELF-SE RV IC E MERC HA ND ISIN G. The open display of licensed products in any
manner where any person has access to the licensed products without the assistance or
intervention of the licensee or the licensee’s employee.
SMOKIN G. Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or
pipe, or any other lighted or heated product containing, made, or derived from nicotine,
tobacco, marijuana, or other plant, whether natural or synthetic, that is intended for inhalation.
Smoking also includes carrying or using an activated electronic delivery device.
TOB AC CO. Means any product containing, made, or derived from tobacco that is intended
for human consumption, w hether chewed, smoked, absorbed, dissolved, inhaled, snorted,
sniffed, or ingested by any other means, or any component, part, or accessory of a tobacco
product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques;
VIII-06 (a,b)
Page 3
granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour;
cavendish; plug and tw ist tobacco; fine-cut and other chew ing tobacco; shorts; refuse scraps,
clippings, cuttings and sw eepings of tobacco, and other kinds and forms of tobacco.
TOB AC CO excludes any tobacco product that has been approved by the U nited States Food
and Drug A dministration for sale as a tobacco-cessation product, as a tobacco-dependence
product, or for other medical purposes, and is being marketed and sold solely for such an
approved purpose. O rd. No. 2011-12, 3rd Series, passed 06-06-11
TOB AC CO-R EL ATE D DE V ICE . Any rolling papers, w raps, pipes, or other device
intentionally designed or intended to be used w ith tobacco products. TOB AC CO-R EL ATE D
D EV IC E includes components of tobacco-related devices or tobacco products, w hich may be
marketed or sold separately. TOBA C C O-RE LAT ED D EVIC ES may or may not contain
tobacco.
TOB AC CO ST OR E. A retail establishment with an entrance door directly to the outside
that derives more than 90 percent of its gross revenue from the sale of licensed products
in w hich the sale of other products is merely incidental. T his definition does not include
an accessory tobacco section of any business establishment meeting the definition of
R etail Establishment in this section.
V EN DIN G MA CHINE . A ny mechanical, electrical or electronic, or other type of device
w hich dispenses licensed products upon the insertion of money, tokens, or other form of
payment directly into the machine by the person seeking to purchase the licensed products and
includes vending machines equipped manual, electric, or electronic locking devices.
(Prior Code, § 5.34)
SECTION 2: A MEND MEN T “112.03 License” of the Hastings Municipal
Code is hereby amended as follow s:
A M E N D M E N T
112.03 License
A.Generally. No person shall sell or offer to sell any licensed products without first
having obtained a license to do so from the C ity of H astings.
B.Application. A n application for a license to sell licensed products shall be made on a
form provided by the city. The application shall contain the full name of the applicant,
the applicant’s residential and business addresses and telephone numbers, the name of
the business for which the license is sought, a copy of the educational materials the
VIII-06 (a,b)
Page 4
applicant intends to use to educate employees and any additional information the city
deems necessary. Upon receipt of completed application, the City Clerk shall forw ard
the application to the Council for action at a City Council meeting. If the C lerk
determines an application is incomplete, the Clerk shall return the application to the
applicant w ith notice of the information necessary to make the application complete.
C.Liability Insurance. As a condition to the issuance of the license, every applicant must
provide proof of liability insurance in the form of a certificate of insurance. A ll liability
and insurance policies required herein shall provide that there shall be no cancellation
of the policy for any cause, by the insured or by the insurance company, w ithout first
giving 10-days' w ritten notice to the City, addressed to the City Clerk. Tobacco sales
by a licensee w ithout required liability insurance coverage shall be grounds for
immediate suspension or revocation of the license.
D.Action. The City Council may approve or deny the application for a license, or it may
delay action for a reasonable period of time to complete any investigation of the
application or the applicant deemed necessary. A background check on the applicant is
required before an application will be forw arded to the C ouncil. The C lerk shall
forw ard the application to the Police Department within a reasonable period of time.
The application and investigation results w ill be forw arded to the Council for action. If
the Council approves the license, the C lerk shall issue the license to the applicant. If
the Council denies the license, notice of the denial shall be given to the applicant along
with notice of the applicant’s right to appeal the Council’s decision.
E.Term . All tobacco licenses shall be for a period of one (1) year and shall expire on
June 30 of each year, regardless of w hen the license w as originally issued. Thereafter,
all licenses eligible for renew al, w ill be renew ed for one (1) year. A ll tobacco
licensees, despite when the license is issued, w ill be subject to an annual compliance
check.
F.Revocation O r Suspension. Any license issued under this chapter may be revoked or
suspended as provided in this chapter.
G.Transfers. A ll licenses issued under this chapter shall be issued only for the premises to
which the license w as issued and only for the person to whom the license w as issued.
No transfer of any license to another person or location shall be valid w ithout the prior
approval of the C ity C ouncil.
H.Movable Place O f Business. No license shall be issued to a movable place of business.
Only fixed-location business shall be eligible to be licensed under this chapter.
I.Display. All licenses shall be posted and displayed in plain view of the general public
on the licensed premise.
J.Renewals. The renew al of a license issued under this section shall be handled in the
same manner as the original application. The request for a renew al shall be made at
least 30 days but no more than 60 days before the expiration of the current license.
(Prior Code, § 5.34) Penalty, see § 10.99
K.Issuance As Privilege And N ot A Right. The issuance of a license is a privilege and
does not entitle the license holder to an automatic renew al of the license.
L.Smoking. Smoking shall not be permitted and no person shall smoke w ithin the indoor
area of any establishment w ith a retail tobacco license. Smoking for the purposes of
sampling licensed products is prohibited.
VIII-06 (a,b)
Page 5
M.Samples. N o person shall distribute samples of any licensed product free of charge or
at a nominal cost.
N.Restriction on the num ber of licenses. The number of Tobacco Store Licenses w ithin
the City shall not exceed four (4). There is no restriction on the number of Retail
Establishment licenses.
1.Sunset on Tobacco Store Licenses.
a.The City w ill not issue any new Tobacco Store Licenses after March
17, 2025 if the cap defined in 112.03M is satisfied.
b.The City w ill only renew existing Tobacco Store Licenses that w ere
issued prior to March 17, 2025. A license is only eligible for renew al
by the same natural person w ho holds the license on March 17, 2025,
or a license held by a partnership, LLC , corporation or other business
organization is only eligible for renew al provided there has not been a
change of 50% or more of the owners, shareholders or partners in
place on March 17, 2025.
SECTION 3: A MEND MEN T “112.05 B asis For D enial O f A License” of
the H astings Municipal C ode is hereby am ended as follow s:
A M E N D M E N T
112.05 B asis For D enial O f A License
A.Generally. The follow ing shall be grounds for denying issuance or a renew al of a
license under this chapter. Except as may otherwise be provided by law, the existence
of any particular ground for denial does not mean that the city must deny the issuance
or renew al of the license. If a license is mistakenly issued or renewed to a person, it
shall be revoked upon discovery the person w as ineligible for the license under this
section. The city w ill provide the license holder with notice of the revocation, along
with information on the right to appeal.
B.Specifically.
1.The applicant is under the age of 21 years.
2.The applicant has been convicted w ithin the past 5 years of any violation of a
federal, state, or other law, ordinance provision, or other regulation relating to
licensed products.
3.The applicant had a license to sell licensed products revoked w ithin the
preceding 12 months of the date of application.
4.The applicant fails to provide information required in the application, or
provides false or misleading information.
5.The applicant is prohibited by federal, state, or other local law, ordinance, or
other regulation, from holding such a license.
6.The applicant or license holder has outstanding fines, penalties, or property
taxes owed to the city.
VIII-06 (a,b)
Page 6
(Prior Code, § 5.34)
SECTION 4: SU MMA RY PU BLICATIO N. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the follow ing summary
is approved by the City C ouncil and shall be published in lieu of publishing the entire
ordinance. The text amendment adopted by the Hastings C ity C ouncil on _______________,
2025 amends the C ity O rdinance to allow the City to regulate tobacco licenses w ithin the City
of H astings.
SECTION 5: EFFECTIV E D ATE. This ordinance shall be in full force and effect
from and after its passage and publication according to law. Passed this _____ day of
________________, 2025.
PA SSED A ND A DO PTED BY THE C ITY O F H ASTIN GS CO UN CIL
_______________________________.
A t t e s t
Mary D . Fasbender, Mayor, City of
H astings
Kelly Murtaugh, C ity C lerk, City of
Hastings
VIII-06 (a,b)
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Dave Wilske, Chief of Police
Date: March 3rd, 2025
Item: Approval of the updated 2024-2026 School Resource Officer and Traffic Control Agent Contract
between the City of Hastings and ISD 200.
Council Action Requested:
Approval of the attached contract.
Background Information:
The Hastings Police Department and ISD 200 have long had a joint School Resource Officer (SRO)
program. The program provides for an on-site Hastings police officer who specializes in issues of
significance to youth and collaborates with school staff to promote the safety of students, staff, and the
community.
In addition, HPD and ISD 200 developed a Traffic Control Agent program. This mutual effort provides
limited traffic control at intersections near school facilities where school bus, other vehicular traffic, and
pedestrian traffic can become congested during morning and afternoon hours. The program provides
temporary, part-time “Traffic Control Agents” under the police department’s statutory authority to
control traffic in affected areas.
The agreement has been updated to encompass the addition of another School Resource Officer for the
2025-2026 school year, which was approved by the City of Hastings and ISD200 School Board.
Financial Impact:
SRO Program as budgeted. TCA program is budget neutral.
Advisory Commission Discussion:
None
Council Committee Discussion:
None
Attachments:
2024-2026 School Resource Officer and Traffic Control Agent Agreements.
VIII-07
7
SCHOOL RESOURCE OFFICER AND
TRAFFIC CONTROL AGENT PROGRAM AGREEMENT
This School Resource Officer and Traffic Control Agent Program Agreement (the
“Agreement”) dated this ___ day of __________, 20__, is entered into by and between
the City of Hastings (“City”), a municipal corporation, and Hastings Independent School
District No. 200 (“School District”), a political subdivision of the State of Minnesota.
RECITALS
WHEREAS, the School District and the City desire to join in a mutual effort to
maintain a cooperative and coordinated approach building positive relationships with
students, deterring criminal activity, and addressing criminal activity on school property
and at School District sponsored events and activities; and
WHEREAS, Minnesota Statute § 126C.44 authorizes the School District to
contract with the City to have licensed peace officers provide school resource officer
services in the School District’s schools; and
WHEREAS, the School District and the City desire to join in a mutual effort to
provide limited traffic control at intersections near school facilities where school bus,
vehicular, and student pedestrian traffic can become congested during morning and
afternoon hours when students are arriving at and leaving the school facilities; and
WHEREAS, the City employs sworn police officers specially trained, experienced
and competent to provide the services sought by the School District and the City is willing
to provide such services to the School District under the terms and conditions provided in
this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions
contained in this Agreement and other valuable consideration, the sufficiency of which is
hereby acknowledged, the School District and City agree as follows:
1. Purpose
The City and School District will collaborate on a School Resource Officer Program (the
"SRO Program") between the City and School District. Both the City and School District
have determined that the SRO Program is beneficial to school and community safety and
promotes collaboration between police, school, staff, counselors, parents, and students.
This Agreement is intended, in part, to set forth the terms and conditions, to create, fund,
and implement the position of a police School Resource Officer ("SRO").
The City and School District will also collaborate on a Traffic Control Agent Program (the
"TCA Program") between the City and School District. Both the City and School District
have determined that the TCA Program is beneficial to school and community safety and
will promote safety of students, staff, and the public at large. The purpose of this
Agreement is, in part, to set forth, the terms and conditions, to create, fund, and
VIII-07
7
implement the positions of Traffic Control Agent ("TCA").
2. Funding - SRO Program
The City and School District will jointly fund the following expenses in connection with
the offering of the SRO Program.
A. SRO salary at 50%-50% split to be paid at the top patrol rate and mid -range
longevity step, as more fully identified on Exhibit A.
B. SRO related benefits, including, but not limited to health insurance, retirement,
workers compensation, sick time, vacation and disability pay at 50%-50% split,
as more fully identified on Exhibit A.
C. Training costs to be borne by the City unless specific training is requested or
required by the School District in which case those training costs will be borne
by the School District.
D. Equipment maintenance and replacement will be primarily the responsibility of the
City with the School District contributing a fixed portion of these program costs as
detailed in Exhibit A and will be subject to annual review.
E. Overtime for special events as may be required for the safety of students, staff,
and visitors to School District facilities will be determined on an annual basis
and shared between the City and the School District based on average overtime
hours utilized as specified in Exhibit A.
The parties agree to review shared costs on an annual basis by June 30th of each year
the Agreement is in effect. In the event the parties cannot reach agreement on the
allocation of shared costs there shall be no annual adjustment for the upcoming year and
the City and School District may each exercise their right to terminate this Agreement as
provided herein. In the event the School District or the City should receive a grant or
special funding to offset the costs of the SRO Program, the grant funding or special
funding shall be applied against, and offset, the costs borne by the entity receiving the
grant or special funding.
3. Funding-Traffic Control Agent (TCA) Program
It is intended the City and School District will utilize existing school patrol personnel
previously employed by the School District as Traffic Control Agents (TCAs). Those
individuals selected to act as TCAs shall receive all background checks, equipment and
training generally necessary to qualify as a City of Hastings Reserve Officer. By meeting
the qualifications of a City of Hastings Reserve Officer, the TCAs shall have authority
pursuant to Minn. Stat. § 626.84 to provide traffic control at the direction of the Hastings
Police Department. The TCAs shall be employees of the City but the School District will
reimburse the City all costs associated with the employment of the TCAs. The parties
agree to review the costs of funding the TCA Program on an annual basis by June 30th
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of each year the Agreement is in effect. In the event the parties cannot reach agreement
as to the costs for the TCA Program, there shall be no adjustment for the upcoming year
and the City and School District may each exercise their right to terminate this Agreement
as provided herein.
4. Services
A. SRO Program. The City shall provide the services of a licensed police officer or
officers and related support services and supplies to assist the School District in
establishing and maintaining the program at the assigned school(s). The SRO(s)
will have the duties as described on the attached Exhibit B. The School District
agrees to provide adequate office space, telephone access, computer and printer
for use by the SRO(s). To foster the building of positive relationships between the
SRO’s and students, the City shall use best efforts to ensure that the same licensed
police officer regularly provides SRO services at the assigned school(s), except
when the SRO’s are on paid leave or are otherwise absent.
B. TCA Program. The City shall provide the necessary background investigations,
training and equipment for the TCAs and shall provide the TCAs to assist the School
District in traffic control duties at intersections near school district facilities as more
fully described on Exhibit C.
C. Objections to Personnel. The City will undertake reasonable efforts to assign
SROs and TCAs who are acceptable to the School District. The School District’s
Superintendent will notify the City’s Chief of Police in writing of any concerns related
to an SROs or TCAs job performance. Any request for reassignment of a police
officer who is working as an SRO or individual serving as a TCA must be made to
the City’s Chief of Police. The City will have ten (10) calendar days to demonstrate
to the School District’s satisfaction that the concern has been addressed. If the
concern has not been addressed to the School District’s satisfaction after ten (10)
calendar days, the City will assign a different licensed police officer to serve as the
regular SRO or other individual to serve as a TCA under this Agreement.
5. Payment
The City shall provide billing statements to the School District for services provided herein
on a semi-annual basis on June 30 and January 1 of each year. Such statements will be
due and payable by the School District to the City no more than thirty (30) days after
receipt of the same. The billing to the School District shall be done so in arrears of service
provision (January billing shall cover the period of July 1 through December 31).
6. Term
This Agreement shall commence on the 1st day of August, 2024, and shall end on the
31st day of July, 2026, subject to the cost adjustments and right of either party to terminate
as provided herein. The Agreement may be renewed for additional one-year periods as
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agreed by both parties, and upon the same terms and conditions as stated herein .
7. Independent Contractor
The City, through its Chief of Police, will remain free to exercise judgment and
professional expertise in determining how to best provide the services described in this
Agreement. The City acknowledges that no withholding for state or federal benefits or
taxes will be made from the payments due the City by the School District. The City also
acknowledges that it has the sole obligation to comply with state, local and federal tax
provisions with regard to these services and the employees hired by the City to perform
the work described herein, including workers compensation laws. At all times and for all
purposes, the City is and will remain the exclusive employer of the SROs who perform
services pursuant to this Agreement. No SRO may be considered to be an official,
employee, agent, educational service provider, or representative of the School District,
and no SRO may make any representation to the contrary. The City maintains full control
over the police officers it employs and is solely responsible for all employment and
administrative functions related to its employees, including, but not limited to, supervision
and evaluation, payroll and deductions, maintenance of all required insurance and any
labor disputes or grievances.
The City and any City employee who performs services for the School District agree that
the employee shall not accrue any continuing contract rights and the employee
specifically waives any right to a continuing contract with the School District. The City
agrees that if the employee makes any employment claim or brings any employment
action of any kind, the City will be solely responsible for the defense and payment of any
claim as the employee is not an employee of the School District.
8. Scheduling
The duty hours of the SRO’s are flexible and will be primarily coordinated with the school
day and/or activities upon agreement with the School District. Generally, a “school day”
means a day on which school is in session and general student attendance is required,
including any make-up days that are scheduled because school was canceled for any
reason. The SRO’s will make daily contact with the police department for the purpose of
keeping abreast of incident reports and other City activities that may be of importance to
the safety of students and School District staff. During non-school periods, the SRO's
duties and schedule will be determined by the Chief of Police.
Unless an absence is caused by an emergency, the SRO at the assigned school(s) will
provide reasonable notice to the Principal or Principal’s designee if the SRO will be absent
from the school property during the school day. The SRO shall be entitled to be absent
from performing SRO duties for up to fifteen (15) school days per year for purposes of
attending law enforcement training courses, conferences, meetings or vacations. The City
shall advise the School District if an SRO is anticipated to be absent for more than two
(2) consecutive days and the parties shall discuss what accom modations can be provided
to account for the extended absence.
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The duty hours of the TCAs will be primarily coordinated with the arrival and departure of
students from school facilities during regular school days and upon agreement with the
School District. The City shall be primarily responsible for scheduling the TCAs but the
City will take all reasonable input from the School District.
9. Termination of this Agreement
Either party may terminate this Agreement by providing written notice to the other party
no less than six months prior to the effective termination date.
10. Temporary Emergency Reassignment
The City reserves the right to remove an SRO from performance of its duties pursuant to
this Agreement in the event of an emergency or extenuating circumstances that
necessitate the SRO to perform other police activities for the City outside of school
property. If, in the discretion of the Chief of Police, it becomes necessary to remove the
SRO from the district, the Chief of Police will immediately inform the School District
officials in advance of such action.
11. Security/Linking
The SRO(s) office will be locked and secured by a key issued only to the SRO(s).
The SRO(s) will be provided a suitable computer, monitor and printer and any other items
or services necessary, at the expense of the School District, so that the SRO will have
full access to the City email and network system and the School District's email and
network system at all times the SRO(s) is working pursuant to this Agreement.
12. Indemnity and Hold Harmless
A. The City agrees to indemnify and save harmless the School District of and from
any and all liability and expenses, including attorneys' fees, of any nature
whatsoever (including any claim on account of any injuries, disease, or claimed
injuries or diseases compensable under the Worker's Compensation Laws of the
State of Minnesota) resulting or in any manner arising out of the use by the City of
any property, structures, or equipment of the School District (whether improved,
modified, altered, or developed by the School District or otherwise) or any activities
sponsored by the City taking place on such property, structures or equipment.
B. The School District agrees to indemnify and save harmless the City of and from any
and all liability and expenses, including attorney's fees, of any nature whatsoever
(including any claim on account of any injuries, diseases, or claimed injuries or
diseases compensable under the Worker's Compensation Laws of the State of
Minnesota) resulting or in any manner arising out of the use by the School District
of any property, structures or equipment of the City (whether improved, modified,
altered, or developed by the School District or otherwise) or any activities sponsored
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by the School district taking place on any such property, structures or equipment.
C. The indemnity provisions of Subparagraph A shall not apply to any liability incurred
by the School District as a result of any negligent, wrongful or tortuous acts of the
School District, its officers, agents or employees.
D. The indemnity provisions of Subparagraph B hereof shall not apply to any liability
or expenses incurred by the City as a result of any negligent, wrongful or tortuous
acts of the City, its officers, agents or employees.
E. The parties agree to cooperate with one another in the defense of any claim,
demand or rights of action within the terms of this Agreement.
F. In no case shall either party's obligation to indemnify the other party exceed the
statutory liability limit of the other party.
13. Amendments
This Agreement contains the full understanding and agreement between the parties and
may not be amended except in writing agreed to and executed by both parties. If any
provision of this Agreement is found invalid by a court or agency, it shall not invalidate any
remaining provisions.
14. Data Practices
Sharing of data will be done only pursuant to the Minnesota Data Practices Act and the
Family Educational Rights of Privacy Act. Any data shared between the two parties
to this Agreement will be maintained in the accordance with state and federal law. The
parties acknowledge that unless the School District is reporting a suspected crime or
another statutory exception applies, the School District may not disclose private
educational data to the SRO or TCA without the written consent of the student’s par ent
or guardian (or the written consent of the student if the student is eighteen (18) years of
age or older); a lawfully issued subpoena; or a court order. Nothing in this Agreement
may be construed to modify the responsibilities of either party under the Minnesota
Government Data Practices Act or the School District’s responsibilities under the Family
Educational Rights of Privacy Act. Because the City and the officer(s) are not employees
of the School District, any violation of the state or federal law in this regard is the sole
responsibility of the City and the officer and each agrees to hold the School District
harmless if a claim or action arises because of the City's actions or omissions. The City
shall provide reasonable data privacy training to all SROs.
15. Discrimination
The City and School District agree not to discriminate in providing services under this
Agreement on the basis of race, sex, creed, national origin, age, or religion. The parties
agree not to discriminate as required by state and federal laws. In addition, the School
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District and the City each specifically agree not to discriminate unlawfully against any
student in any program, service, activity, or decision based on race, color, religion, age,
sex, disability, marital status, sexual preference, gender identity, public assistance status,
creed, or national origin.
16. Interpretation
This Agreement shall not be construed more strictly against one party than against the
other merely by virtue of the fact that it may have been prepared by counsel for one of
the parties, it being recognized that both the City and the School District have contributed
substantially and materially to the preparation of this Agreement.
17. Construction
The headings of the sections and subsections of this Agreement are for convenience and
reference only and do not form a part hereof; and in no way interpret or construe such
sections and subsections. Wherever the context requires or permits, the singular s hall
include the plural, the plural shall include the singular and the masculine, feminine and
neuter shall be freely interchangeable. It is agreed that nothing herein contained is
intended or should be construed in any manner as creating or establishing the relationship
as co-partners, joint venture, or joint enterprise between the parties hereto or as
constituting either party as an agent, representative or employee of the other for any
purpose or in any manner whatsoever.
18. Parties in Interest
This Agreement shall be binding upon and inure to the benefit of the parties' respective
heirs, representatives, successors, and assigns. This Agreement is for the sole benefit of
City and the School District (including a permitted assignee), and no third party is intended
to be a beneficiary of or have the right to enforce this Agreement.
19. Attorney's Fees
In the event of litigation between the parties in connection with this Agreement, the
prevailing party (i.e. the party whose position is substantially upheld by the court) shall be
entitled to recover its reasonable attorneys' fees and costs from the non -prevailing party.
The obligation in the immediately preceding sentence shall survive any termination of this
Agreement or the closing.
20. Definitions
If any date herein set forth for the performance of any obligations by the parties or for the
delivery of any instrument or notice as herein provided should be on a Saturday, Sunday
or legal holiday, the compliance with such obligations or delivery shall be deemed
acceptable on the next business day following such Saturday, Sunday or legal holiday.
As used in this Section, the term "legal holiday" means any state or federal holiday for
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which financial institutions or post offices are generally closed in the State of Minnesota.
The term "including" shall mean including, as an example, without limiting the generality
of the foregoing.
21. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute one and the same
document. A signature page to any counterpart may be detached from such counterpart
without impairing the legal effect of the signatures thereon and thereafter attached to
another counterpart identical thereto except having attached to it additional signature
pages.
22. Governing Law
This Agreement shall be construed as to both validity and performance and enforced in
accordance with and governed by the laws of the State of Minnesota.
23. Headings
The headings contained herein are for convenience of reference only and do not affect,
define, describe or limit the scope or intent of this Agreement or any of its provisions.
24. Notices
Notice to City provided for herein shall be sufficient if sent by the regular United States Mail,
postage prepaid, addressed to City of Hastings, City Administrator, 101 East 4th Street,
Hastings MN 55033. Notices sent to School District shall be sufficient if sent by the regular
United States Mail, postage prepaid, addressed to ISD #200, Attention: Superintendent,
1000 West 11th Street, Hastings MN 55033. Either party may designate to each other in
writing from time to time a different address for notice.
25. Dispute Resolution
In the event of any dispute arising under this Agreement, the parties shall first engage in
good faith discussions and negotiations to resolve the dispute. In the event that the
dispute cannot be resolved by the parties, then the matter shall be subject to court action
and jurisdiction in the District Court of Dakota County, Minnesota. In any dispute arising
under this Agreement, the prevailing party will be entitled to an award against the non -
prevailing party of all costs, disbursements, and reasonably at torneys’ fees incurred in
any action for damages, specific performance, or equitable relief.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first written above.
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City of Hastings
_____________________________ _____________________
Mary Fasbender, Mayor Date
_____________________________ _____________________
Kelly Murtaugh, City Clerk Date
Hastings Independent School District No. 200
_____________________________ _____________________
Dr. Tammy Champa, Superintendent Date
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EXHIBIT A
SCHOOL RESOURCE OFFICER PROGRAM COSTS
Personnel
Costing based on the top annual patrol rates averaged throughout the life of
the contract
SALARY AND BENEFITS – 2 SCHOOL RESOURCE OFFICERS
FOR 25-26 SCHOOL YEAR
Description Amounts
Wages (top patrol & mid-range longevity) $226,161.46
Longevity $4,945.44
Medicare $3,279.34
Insurance $47,800.34
PERA $40,030.58
Work Comp $12,710.28
Long-term Disability $669.02
________________________________________________
Program Total $335,596.46
City of Hastings Contribution (50%) $167,798.23
School District Contribution (50%) $167,798.23
School District Officer Other Billable Costs – Per Agreement
40 hours OT – wage cost only $5,814.30
Equipment – Mileage $6,000.00
________________________________________________
Other Billable Total $11,814.30
The City of Hastings shall bill only for actual expenses as agreed upon in the contract.
Overtime
As requested by the School District and with the approval of the Chief of Police and/or
his designee, the SRO’s may be authorized to work special events outside of the regular
schedule to promote public safety and enhance security of students, staff, and visitors. In
accordance with the current collective bargaining unit agreement, the SRO or other
officers working these special events are entitled to overtime compensation. The multi-
year average for special event overtime (homecoming, prom, school dances, certain
athletic events, etc.) has averaged more than 80 hours with a time and one half converted
value of 120 hours. Recognizing the joint nature of the SRO Program and the desire to
provide the School District with a fixed cost of the SRO Program, the City shall invoice
the School District for 40 hours of special event overtime at a time and one half pay rate.
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Training
Cost of in-service and professional development training shall be the responsibility of the
City, unless it is specifically requested by the School District. The assigned SRO will be
allowed by the School District to attend in-service and professional development training,
as mandated to keep peace office license current.
Equipment
Reimbursement for emergency vehicle and equipment costs at $250.00/month/$3,000
per year to offset City cost of fuel, vehicle and equipment maintenance.
Request for Additional Services
With ISD200 Superintendent approval, School District administrators and school
administrators may request that the City assign one or more police officers to provide
additional services, including, but not limited to, attendance at a school board meeting,
an extracurricular activity, or a community function that is held in the evening that results
in the police officer working more than forty (40) hours in a week. The City will make
reasonable efforts to accommodate such request. When the City assigns a police officer
to provide additional services, the School District will be responsible for paying the police
officer’s wages, including overtime pay and any other employment costs incurred, for the
hours worked while providing such additional services. The City will submit an itemized
invoice to the School District describing the additional services provided and the costs the
City incurred in providing the additional services. Within thirty (30) calendar days after
receipt of the invoice, the School District will pay the City for the amount of the additional
services stated on the invoice. If the School District disputes the amount of an invoice,
the School District will pay the undisputed amount within thirty (30) calendar days.
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EXHIBIT B
SCHOOL RESOURCE OFFICER PROGRAM
SRO DUTIES AND REQUIREMENTS
The SRO reports to Hastings Police Administrative Sergeant and/or Divisional
Lieutenant in collaboration with school administrators.
Job Duties
The SRO will work towards carrying out the mission of the Hastings Police
Department (HPD) within the school community. The SRO will act in their capacity
and authority as a Police Officer for the City of Hastings Police Department to provide
a safe learning environment, to prevent crime, and to investigate and solve crimes.
Additionally, the SRO will:
Foster a positive school climate through relationship building and open
communication.
Protect students, staff, and visitors to the school grounds from criminal activity.
Serve as a liaison from law enforcement to school officials.
Provide advice on safety drills.
Identify vulnerabilities in school facilities and safety protocols.
Educate and advise students and staff on law enforcement topics.
Enforce criminal laws.
Follow all policies and procedures of the Hastings Police Department
(HPD).
Follow the HPD chain of command.
Work with the school administration and staff.
Work with building facilities personnel on issues related to building security.
Work with school staff in a fair and impartial manner to identify pre- delinquent
youth (at risk) and will assist in targeting the appropriate resources necessary
to prevent delinquent acts.
Not discipline students for infractions of school rules.
Serve as a conduit of information between students, staff, parents and Dakota
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County Social Services, the City of Hastings, and all law enforcement, court,
and non-governmental agencies.
Strive to develop and facilitate regular meetings of school staff, police, Dakota
County Criminal Justice officials (probation, CAC, County Attorney), Dakota
County Social Services officials and other staff deemed necessary to enrich
the learning environment or increase the safety of the schools.
Work with School District personnel and Dakota County officials on truancy
issues.
Complete appropriate police reports, according to City of Hastings Police
Department policy.
Meet with parents and educators (staff) as necessary to facilitate conflict
resolution within the school.
Be notified immediately by school administration personnel when crisis response
has been activated by the school on any problem.
Monitor and develop a working knowledge of all students who are likely to cause
problems or law violations within the school setting.
Intervene and take appropriate action within their authority as SRO when school
crisis intervention is not successful.
Provide education programs as requested.
Provide school staff in-service education as may be requested.
Work at promoting positive image of ISO 200.
Meet regularly with other SROs in Dakota County.
Position Requirements
The assigned officer’s will have at least 24 months of service to the Hastings Police
Department or possess special skills/training related to working with juveniles.
The assigned officer’s will work a flexible schedule, but will generally be scheduled on
school days beginning at 7:00 AM and ending at 3:00 PM.
Uniform and/or plain clothes, as authorized by the Chief of Police in consultation with
School District administration.
Possess interest and willingness to continually work to improve knowledge related to
juvenile justice issues.
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Will be reassigned as needed by the Hastings Police Department when not serving in
SRO function.
Will continue to attend POST courses as needed to maintain license (will notify school in
advance of absence and coordinate emergency contact coverage with department
supervisor).
Will respond to emergencies as needed outside of school.
Will maintain regular communication with school and Dakota County Communication
Center.
Will work with staff at all lSD 200 schools.
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EXHIBIT C
TRAFFIC CONTROL AGENT PROGRAM
COSTS, DUTIES AND REQUIREMENTS
Costs
TCAs shall be temporary, part-time employees of the City of Hastings entitled to an
hourly wage of:
$16.25 per session with a minimum payment of one hour per session. Effective August
1, 2024, and continuing for the 2024-25 and 2025-26 school years.
Emergency School Closing
In the event of a school closing called by the Superintendent, due to weather conditions
or any other conditions, personnel who were scheduled to work will be paid.
As temporary part-time employees, TCAs shall not be entitled to other employment
benefits, unless otherwise noted in MN Statute.
The City will be obligated to ensure Worker's Compensation insurance coverage for all
TCAs, as well as, required tax, FICA, Medicare, and retirement withholdings as may be
required by law.
The work schedule for TCAs shall be set by the School District.
The School District shall reimburse the City for fill costs incurred for the employment of all
TCAs.
Training and Equipment
The City shall provide training to all TCAs sufficient for the TCAs to qualify as Hastings
Police Reserve Officers. This shall include all necessary background checks, initial
training and annual training and development. For the initial training and provi ding
equipment to the TCAs, the School District shall pay to the City $2,500.00 to reimburse
the City for its cost of training and providing equipment as agreed upon during the annual
program/contract review but will not exceed $500.00 unless agreed upon by both parties.
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City Council Memorandum
To: Mayor Fasbender and City Council
From: John Hinzman, Community Development Director
Date: March 3, 2025
Item: Declare Surplus Property and Authorize for Public Sale: Building Department
Vehicle
Council Action Requested:
Declare a 2015 Ford Explorer VIN #1FM5K8AR5FGC51698 as surplus property and
authorize for public sale. A simple majority of Council is necessary for action.
Background Information:
The vehicle has been used by the inspections department. It is a former police vehicle
and has reached its end of useful service and is incurring a significant amount of
maintenance and associated cost. Due to the age, safety, and cost to repair, the vehicle
should be declared as surplus and sold.
Financial Impact:
N\A
Advisory Commission Discussion:
N\A
Council Committee Discussion:
N\A
Attachments:
VIII-08
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Chris Jenkins, Parks & Recreation Director
Date: March 3, 2025
Item: Appoint New Parks & Recreation Commissioner
Council Action Requested:
The City Council is asked to approve the appointment of Ms. Chelsea Piskor to the
Parks & Recreation Commission effective Monday, March 3, 2025.
Commissioner’s terms will run for 2 years, expiring on 12/31/2026, at which time
Commissioners can choose to continue with the commission for an additional 2-
year term or vacate their seat.
Background Information:
Ms. Piskor previously served on the Parks & Recreation Commission for 6 years.
During her term she was very involved with and focused on the work of the
commission, strong in advocating for the community and the department, and led
the commission in the chair position for several years.
Staff and current chair of the commission have full confidence in Ms. Piskor and
enthusiastically support her appointment to the Parks & Recreation Commission.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
▪ Advisory Commission Interest Form
VIII-09
VIII-09
VIII-09
City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Justin Fortney, City Planner
Date: March 3, 2025
Item: Accept Proposal and Authorize work - Police Department Air Handler Reconfiguration
COUNCIL ACTION REQUESTED
The Council is requested to authorize the City to engage with a mechanical company to reconfigure the Police
Department’s air handler.
BACKGROUND INFORMATION
The city has recently made HVAC upgrades including new boilers and reheat coils to remove high humidity from
City Hall. These improvements could also benefit the Police Department, which has high humidity levels. This will
require the reconfiguration of the air handler by reversing the order of its operation.
QUOTE REVIEW
Both companies are qualified to perform proposed work and have worked on the city’s HVAC system before.
Both quotes will provide the same service, but Total Mechanical Services Inc quote includes replacement of the
air handler drain pans. They are likely going to require replacement at a cost more than the $562 difference in
quotes.
STAFF RECOMMENDATION
Staff is recommending that the City Council accepts the proposal by Total Mechanical Services Inc in the amount
of $46,112.
ATTACHMENTS
QUOTES
Mechanical Companies Total
Recommendation Total Mechanical Services Inc - St. Paul Park, MN $46,112
Gilbert Mechanical Contractors, LLC - Minneapolis, MN 55439 $45,550
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TOTAL MECHANICAL SERVICES, INC. | 420 BROADWAY AVE. ST. PAUL PARK, MN 55071 | P 651.768.9367 | WWW.TOTALMECH.COM
November 8, 2024
Hastings Police Department
150 3rd St E
Hastings, MN 55033
Attn: Charlie Judge
Email: cjudge@hastingsmn.gov
RE: Hastings PD – AHU Heating and Cooling Coil Relocation. (2) New Heating Coils, (2) New Cooling Coils
Total Mechanical Services, Inc. Proposal # 4375
The undersigned does hereby provide the following proposal for the Scope of Work in accordance with the Project
Documents and Proposal Clarifications as stated herein. We will provide all necessary labor, tools, and materials to
complete the work as detailed below.
Scope of Work:
• Remove heating and cooling from AHU located in PD mechanical room.
• Install (2) new heating coils
• Install (2) new cooling coils
• Extend cooling coil welded stand, condensate pan, and condensate drain.
• Install new metal flashing around heating and cooling coils
• Pipe heating and cooling coils in new location
• New piping insulation
Exclusions:
• Overtime
• Draining of heating and cooling systems.
Clarifications:
Our proposal is based on the existing equipment and hardware is in reasonably good condition for disassembly
and reuse. Deviations from the existing conditions could result in additional charges for labor, tooling and/or
replacement. All work is assumed to be performed during normal business hours
(7AM – 3:30PM).
Pricing:
The cost to complete the services listed above will be ………………………………………………………………………. $46,112.00
Sincerely,
TOTAL MECHANICAL SERVICES, INC.
Travis Zins
Account Manager
651-408-3095// tzins@totalmech.com
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TOTAL MECHANICAL SERVICES, INC. | 420 BROADWAY AVE. ST. PAUL PARK, MN 55071 | P 651.768.9367 | WWW.TOTALMECH.COM
Our terms are net 30 days, with a 1-1/2% per month finance charge applied to all past due invoices. Based upon a credit analysis, we may
request a partial or complete payment before proceeding with the work. We warrant our repair work for 90 days. We warrant new equipment
installations for one year. The above stated warranties do not enhance, extend, reduce or diminish any manufacturer warranties.
This proposal and the pricing shown is good for 45 days
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TOTAL MECHANICAL SERVICES, INC. | 420 BROADWAY AVE. ST. PAUL PARK, MN 55071 | P 651.768.9367 | WWW.TOTALMECH.COM
ACCEPTANCE AGREEMENT
By signing below, Customer authorizes Total Mechanical Services, Inc. to perform the Scope of Work as proposed above subject
to the following Terms and Conditions. This Acceptance Agreement shall be binding on both parties until a mutually acceptable
contract is executed, if any.
Terms and Conditions:
1. The Acceptance Agreement Amount will be the amount proposed by Total Mechanical Services, Inc.
2. Customer agrees to make payments to Total Mechanical Services, Inc. within (30) calendar days from the date of each invoice. If the duration of
the Scope of Work is greater than one month, invoices for work completed will be submitted to the Customer on a monthly basis.
3. Customer will provide Total Mechanical Services, Inc. reasonable access to the work areas, including the use of existing facilities and utilities by
Total Mechanical Services, Inc. and its subcontractors.
4. Total Mechanical Services, Inc. shall not be liable to the Customer for any delay, loss or damage caused in whole or in part by the unavailability of
machinery, equipment, or materials; strikes, lockouts, or other labor unrest; riots, wars, or other civil unrest; acts of God, fire, theft or malicious
acts; corrosion, normal wear and tear or any other cause beyond the control of Total Mechanical Services, Inc.
5. This Acceptance Agreement shall be governed, interpreted and enforced under the laws of the State of Minnesota.
6. Customer may order changes in the Scope of the Work upon the mutual agreement of an equitable adjustment in the Acceptance Agreement
Amount.
7. The schedule for the performance of the Scope of Work shall be established by the mutual agreement of both parties and shall be binding on
both parties.
8. Total Mechanical Services, Inc. shall maintain insurance of such types and in such amounts as is commercially reasonable in connection with its
Work hereunder and will provide Customer a Certificate of Insurance evidencing such coverage upon request. Total Mechanical Services , Inc.’s
liability shall be limited to available insurance proceeds. Building owner is to carry fire, property and other necessary insurance. Building owner is
to provide safe work area with free access to carry out above work.
9. The Customer is responsible for all asbestos, lead and other hazardous material testing, removal, and subcontractors.
10. Upgrading of existing systems to meet the most current codes is limited to the scope of work detailed above.
11. All Work shall be performed during normal workday (7:00 am to 3:30 pm M-F) on straight time unless otherwise noted.
12. Drain down and refilling of piping systems by others unless noted above.
13. On all accounts over (30) days, Customer agrees to pay all reasonable collection fees and/or attorney fees. All accounts past due are subject to
interest at the maximum legal rate.
14. Market Condition Alert: Due to volatile market conditions, all material quotes have limited validity, which may be subject to price
increases pasted along to Customer.
15. THIS PROPOSAL IS CONTINGENT ON A LACK OF IMPACT BY NATIONAL PANDEMIC EMERGENCY. Due to the existing coronavirus
pandemic and resulting consequences, which include shut downs of definite and indefinite durations by the federal, state and local
governments, quarantines, business shut downs, transportation interruptions, disruptions in the supply chain of certain materials,
supplies or equipment, disruptions to public services, temporary suspensions of work on site or the unavailability or reduced
availability of manpower, the parties agree if Total Mechanical Services is hindered, prevented or delayed, at any time, in the
commencement or progress of the work for a cause arising from or related to the Pandemic, including but not limited to any of the
examples above, Total Mechanical Services shall be entitled to an extension of the Contract time. Furthermore, to the extent the
project is impacted by increased costs associated with the high demand for specified materials or any proposed substitute approved
by Contractor or Owner, or if the project is suspended or experiences any other similar cost increase outside the control of Total
Mechanical Services, Total Mechanical Services shall be entitled to additional compensation.
ACCEPTANCE OF PROPOSAL
Total Mechanical Services, Inc.’s Proposal and the Terms and Conditions above are hereby accepted by Customer. Total
Mechanical Services, Inc. is authorized to proceed with the Scope of Work as provided herein. Payment will be made as
outlined above.
___________________________________________ _____________________
Authorized Signature Date
___________________________________________ _____________________
Printed Name Title
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Gilbert Mechanical Contractors, LLC
Gilbert Electrical Technologies
5251 West 74th Street
Minneapolis, MN 55439
Phone: (952) 835-3810
Fax: (952) 835-4765
HVAC ● Plumbing ● Electrical ● Controls ● Fire Protection ● Service
Company: City of Hastings Date: 9/23/24
Street: 101 4th Street East Project: Hastings Police Dept. AHU
City/State: Hastings, MN 55033 Heating & Cooling Coil Changeout
ATTN: Charlie Judge Pages 1
Proposal
Gilbert Mechanical Contractors will provide the necessary labor and materials to complete the following at 101
4th St. East, Hastings, MN:
Police Department AHU Heating and Cooling Coil Swap and Changeout:
Gilbert to swap the (2) heating and (2) cooling coils in the Police Department Air Handling Unit.
Work to specifically include:
· (2) new heating coils and (2) new cooling coils of the same capacity as existing coils.
· Valve off, isolate, and drain down cooling and heating system as needed.
· Cut out existing stacked (2) heating and (2) cooling coils. Dispose of existing coils.
· Install (2) new heating coils on the cooling side, and (2) new cooling coils on the heating side.
· Modify heating and cooling piping as needed.
· Reinsulate piping modifications.
· Rigging, labor, material, taxes.
· Check/test/start and one year labor & material warranty.
· Coil lead time: 3-4 weeks.
AMOUNT: $45,550.00.
***Note: Coil specs and calculations done by customer. Gilbert cannot guarantee the swapping of the coils will
achieve the dehumidification that the City is requiring. Gilbert’s recommendation is to replace the coils instead
of trying to reuse existing coils due to age and unknown condition of the coils.
General Pricing Note: Due to the current volatility in material & equipment costs. Gilbert Mechanical reserves the right to adjust the
material & equipment cost of this project up (or down) in direct proportion to the escalation (de-escalation) of the material & equipment
costs at the time of installation. Back-up data will be provided if necessary to support any changes in cost. Beyond the volatility of
material, this project has been priced based on labor costs through 12/31/24.
Exclusions:
Work to be performed during normal working hours.
Anything not listed in the above scope.
Payment Terms: Project will be invoiced monthly as work progresses. Invoice terms are net 30 days.
Proposed By: Accepted By:
Gilbert Mechanical Contractors, LLC
______________________Date: 9/23/24 ______________________ Date:_________
Bryce Vee
Project Manager Print Name:__________________________
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Cody Mathisen – City Engineer
Date: March 3, 2025
Item: Authorize Signature of the Metropolitan Council 2025 Private Property Inflow and Infiltration (I/I) Grant
Agreement No. SG-22738
COUNCIL ACTION REQUESTED
Enclosed for City Council consideration is the MCES 2025 Private Property I/I Grant Agreement.
BACKGROUND INFORMATION
At the November 18, 2024, City Council Meeting, the application for the MCES 2025 Private Property I/I Grant was
authorized. After MCES review of the Hastings application, $35,000 was awarded to fund eligible private property
sanitary sewer service lining improvements.
Engineering staff will be notifying residents within areas of known sanitary sewer issues, such as those along the
prospective 2025 Sanitary Sewer Lining Program, of this grant opportunity through mailed notices. Dependent on
demand within these areas for this program, staff may also elect to advertise this opportunity to the greater city
to ensure the program can be capitalized on successfully as it was in 2024.
The City Attorney has reviewed the Grant Agreement and supports its execution.
FINANCIAL IMPACTS
The funding is available for benefit and use by qualifying property owners and is not applicable to the City’s
finances. As part of the Grant, residents can qualify for a 50% reimbursement (up to $5,000) on eligible sanitary
sewer service repair or rehabilitation.
STAFF RECOMMENDATION
Staff recommends the City Council approve the MCES 2025 Private Property I/I Grant Agreement.
ATTACHMENTS
• Metropolitan Council 2025 Private Inflow & Infiltration (I/I) Grant Agreement SG-22738
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METROPOLITAN COUNCIL
2025 PRIVATE PROPERTY INFLOW AND INFILTRATION (I/I)
GRANT AGREEMENT NO. SG-22738
This Metropolitan Council Environmental Services (ES) Funded Grant Agreement ("Grant Agreement")
is entered into this [date of signature by both parties] between the Metropolitan Council, a public corporation and
political subdivision of the State of Minnesota ("Met Council") and the City of Hastings, a municipal corporation
("Grantee").
RECITALS
1. In 2022, Minnesota Statutes 2020, section 471.342 was amended to authorize towns and political
subdivisions to establish inflow and infiltration prevention programs and make loans or grants to
property owners.
2. The Metropolitan Council Environmental Services (ES, Council) calculates the peak hourly flow
discharge limit (I/I Goal) for each community connected to the metropolitan sanitary sewer
disposal system. Wastewater flow that exceeds the respective I/I Goal is considered excessive
flow. Communities that have a measured wastewater flow rate greater than 80 percent of the I/I
Goal are eligible to apply for the Grant.
3. The Council authorizes its staff to enter into a private property inflow and infiltration grant
agreement with local municipalities that are eligible for this grant program.
GRANT AGREEMENT
1. Term of Grant Agreement.
1.1. Effective Date. The effective date of this Grant Agreement is the date on which the Grant
Agreement has been duly executed by both parties.
1.2. Grant Activity Period. The first day of the month following the Effective Date through and
including the expiration date.
1.3. Expiration Date. The latter of (i) 2 years after final distribution of funds to Grantee; or (ii) until
all obligations have been satisfactorily fulfilled, whichever occurs first.
1.4. Survival of Terms. The following clauses survive the expiration, termination, or cancellation of
this Grant Agreement; 9. Liability and Insurance; 10. Audits; 11. Government Data Practices; 13. Data
Availability; 14. Governing Law, Jurisdiction and Venues; 16. Data Disclosure; 18. Future Eligibility.
2. Duties, Representations and Warranties of Grantee and Use of Grant Funds.
2.1. The Grantee agrees to conduct, administer, and complete in a satisfactory manner the program
("Grantee Program") which is described in Grantee's application to Met Council for assistance under the
Met Council's Private Inflow and Infiltration grant program, which application is incorporated into this
Grant Agreement as Exhibit A (Grant Application), and in accordance with the terms and conditions of
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this Grant Agreement. Specifically, the Grantee agrees to perform the “Grant Program” in accordance
with a specific timeline, all as described in Exhibit A (Grant Application) and to undertake the financial
responsibilities described in Exhibit A (Grant Application) to this Grant Agreement. The Grantee has
the responsibility for and obligation to complete the “Grant Program” as described in Exhibit A (Grant
Application). The Met Council makes no representation or warranties with respect to the success and
effectiveness of the “Grant Program”. The Met Council acknowledges that “Grant Program “work may
be limited to soliciting participation by building owners in the “Grant Program” and requires additional
work by the Grantee only to the extent that building owners choose to participate in the “Grant Program”,
all as described in the Grantee's application attached as Exhibit A (Grant Application).
The Grant Funds cannot be used for:
• Normal municipal operating or overhead costs, including such related to the Grant
Program;
• Grantee's own public sewer infrastructure costs;
• The cost of studies;
• Engineering costs;
• Planning costs; and
• For equipment, machinery, supplies or other property to conduct the Grant Program, except
for equipment, supplies or other property which is used primarily for the Grant Program
and is specifically listed in Exhibit A (Grant Application).
2.2. Grantee Representations and Warranties. The Grantee further covenants with and represents and
warrants to Met Council, as follows:
A. It has the legal authority to enter into, execute and deliver this Grant Agreement and all
documents referred to herein, has taken all actions necessary to its execution and delivery of such
documents and has provided to Met Council a copy of the resolution by its governing body which
authorizes Grantee to enter into this Agreement, to undertake the Private Property I/I Grant Program,
including the Grantee financial responsibilities as shown in Exhibit A (Grant Application) and which
also designates an authorized representative for the Grant Program who is authorized to provide
certifications required in this Grant Agreement and submit pay claims for reimbursement of Grantee
Program costs.
B. It has legal authority to conduct and administer the Grant Program and use the Grant Funds
for the purpose or purposes described in this Agreement.
C. This Grant Agreement and all other documents referred to herein are the legal, valid and
binding obligations of the Grantee enforceable against the Grantee in accordance with their respective
terms.
D. It will comply with all the terms, conditions, provisions, covenants, requirements, and
warranties in this Agreement, and all other documents referred to herein.
E. It has made no materially false statement or misstatement of fact in connection with the
Grant Funds, and all the information it has submitted or will submit to the Council relating to the Grant
Funds or the disbursement of any of the Grant Funds is and will be true and correct. It agrees that all
representations contained in its application for the Private I/I Grant are material representations of fact
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upon which the Council relied in awarding this Grant and are incorporated into this Agreement by
reference.
F. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota,
and there are no material actions, suits, or proceedings pending, or to its knowledge threatened, before
any judicial body or governmental authority against or affecting it and is not in default with respect to any
order, writ, injunction, decree, or demand of any court or any governmental authority which would impair
its ability to enter into this Grant Agreement or any document referred to herein, or to perform any of the
acts required of it in such documents.
G. Neither the execution and delivery of this Grant Agreement or any document referred to
herein nor compliance with any of the terms, conditions, requirements, or provisions contained in any of
such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or
provision of any agreement or document to which it is now a party or by which it is bound.
H. The Grantee will not violate any applicable zoning or use statute, ordinance, building code,
rule or regulation, or any covenant or agreement of record relating thereto.
J. The Grant Program will be conducted in full compliance with all applicable laws, statutes,
rules, ordinances, and regulations issued by any federal, state, or other political subdivisions having
jurisdiction over the Grant Program.
K. It has complied with the financial responsibility requirements contained in Exhibit A
(Grant Application).
L. The Grant Program will be conducted substantially in accordance with Exhibit A (Grant
Application) by the Completion Date as stated in Exhibit A (Grant Application).
M. It shall furnish such satisfactory evidence regarding the representations described herein as
may be required and requested by the Met Council.
3. Time.
Grantee must comply with all time requirements described in this Grant Agreement.
4. Eligible Costs.
Eligible costs are those costs incurred by parties within the jurisdiction of the Grantee generally
only for sewer service lateral repairs or replacements and foundation drain disconnections as described in
Exhibit A (Grant Application). The Grantee shall not be reimbursed for non-eligible costs. Any cost
not defined as an eligible cost or not included in the Grant Program or approved in writing by the Council
is a non-eligible cost.
5. Consideration and Payment.
5.1 The Met Council will reimburse Grantee for eligible costs performed by the Grantee during the
Grant Period in an amount of up to the prequalified work’s grant amount ("Grant Amount"). The Met
Council shall bear no responsibility for any cost overruns that may be incurred by the Grantee or
subrecipients of any tier in the performance of the Grantee Program. The initial Grant amount to Grantee
under this Grant Agreement is $35,000_.
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5.2. Advance. The Met Council will make no advance of the Grant Amount to Grantee. The
disbursement of the Grant Amount shall be in the form of reimbursement for eligible costs as provided
ahead in this Section 5.
5.3. Payment. To obtain payment under this Grant Agreement, the Grantee shall submit a
Reimbursement Request/Progress Report on forms provided by or acceptable to the Met Council.
Reimbursement Request/Progress Reports may be submitted once per quarter after this grant agreement
has been executed. The Grantee shall describe its compliance with its the financial requirements and
construction work completed and specific addresses where work was undertaken in connection with the
grant and shall provide sufficient documentation of grant eligible expenditures and such other information
as the Met Council’s staff reasonably requests. The Met Council will promptly pay the Grantee after the
Grantee presents to the Met Council a Reimbursement Request/Progress Report and an itemized invoice
for all eligible services actually performed and the Met Council’s Authorized Representative accepts the
invoiced services.
6. Conditions of Payment.
6.1. The Grantee must certify to the Council that work at each site for which payment is requested is
done, that Grantee has received receipts for such work, that the work was not performed in violation of
federal, Met Council, or local law or regulation and that Grantee has issued the appropriate permits for
the work completed in the Grant Program.
6.2. Conditions Precedent to Any Reimbursement Request. The obligation of the Met Council to make
reimbursement payments hereunder shall be subject to the following conditions precedent:
A. The Met Council shall have received a Reimbursement Request/Progress Report for such
amount of funds being requested for which the amounts for each individual site have been pre-qualified
by Met Council.
B. The Met Council shall have received evidence upon request, and in form and substance
acceptable to the Met Council, that (i) the Grantee has legal authority to and has taken all actions necessary
to enter into this Agreement and (ii) this Agreement is binding on and enforceable against the Grantee.
C. No Event of Default under this Grant Agreement or event which would constitute an Event
of Default but for the requirement that notice be given or that a period of grace or time elapse shall have
occurred and be continuing.
D. The Grantee has supplied to the Met Council all other items that the Met Council may
reasonably require to assure good fiscal oversight of this grant program.
7. Authorized Representative.
The Met Council’s Authorized Representative is:
Name: Ward Brown or successor
Title: Principal Financial Analyst, ES Finance
Mailing Address: 390 North Robert Street
St. Paul, MN 55101
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Phone: (651) 602-1263
E-Mail Address: ward.brown@metc.state.mn.us
or his successor and has the responsibility to monitor the Grantee’s performance and the authority to
accept the services provided under this grant contract. If the services are satisfactory, the Met Council’s
Authorized Representative will certify acceptance on each invoice submitted for payment.
The Grantee’s Authorized Representative is:
Name: Cody Mathisen, P.E.
Mailing Address: 1225 Progress Drive, Hastings, MN 55033
Phone: (651) 480-2368
E-Mail Address: cmathisen@hastingsmn.gov
If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantee
must immediately notify the Met Council and within 30 days provide a new City resolution (if such
resolution is necessary) specifying the new Representative.
8. Assignment, Amendments, Waiver, and Grant contract Complete.
8.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant
Agreement without the prior consent of the Met Council and a fully executed Assignment Agreement,
executed and approved by the same parties who executed and approved this Grant Agreement, or their
successors in office.
8.2 Amendments. Any amendment to this Grant Agreement must be in writing and will not be
effective until it has been executed and approved by the same parties who executed and approved the
original Grant Agreement, or their successors, or their delegatee in office.
8.3 Waiver. If the Met Council fails to enforce any provision of this Grant Agreement, that failure
does not waive the provision or its right to enforce it.
8.4 Grant Contract Complete. This Grant Agreement contains all negotiations and agreements
between the Met Council and the Grantee. No other understanding regarding this Grant Agreement,
whether written or oral, may be used to bind either party.
9. Liability and Insurance.
9.1 The Grantee and the Met Council agree that they will, subject to any indemnifications provided
herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they
shall not be responsible for the acts of the other party and the results thereof. The liability of the Met
Council is governed by the provisions contained in Minn. Stat. Chapter 466 as it may be amended,
modified or replaced from time to time. The liability of the Grantee, including but not limited to the
indemnification provided under Section 9.2 is governed by the provisions contained in such Chapter 466.
9.2 Indemnification by the Grantee. The Grantee shall bear all losses, expenses (including attorneys'
fees) and damages in connection with Grantee’s administration of the Grant Program and agrees to
indemnify and hold harmless the Met Council, its agents, servants and employees from all claims,
demands and judgments made or recovered against the Met Council, its agents, servants and employees,
because of bodily injuries, including death at any time resulting therefrom, or because of damages to
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property, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in
connection with the Grant Program whether or not due to any act of omission or commission, including
negligence of the Grantee or any contractor or their employees, servants or agents, and whether or not due
to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the
Met Council, its employees, servants or agents.
Grantee further agrees to indemnify, save and hold the Met Council, its agents and employees, harmless
from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grantee,
its officers, employees, or agents, or any provision of the Minnesota Government Data Practices Act,
including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 11.
The Grantee's liability hereunder shall not be limited to the extent of insurance carried by or provided by
the Grantee, or subject to any exclusions from coverage in any insurance policy. For the avoidance of
doubt, this provision does not impact the Grantee’s liability limits established in Minnesota Statutes
Chapter 466.
The Grantee shall maintain or require to be maintained adequate insurance coverage for the Grant Program
in such amounts with such limits as it determines in good faith to be reasonable or in such amounts and
with such limits as may be reasonably required for participating cities by the Met Council from time to
time.
9.3 Relationship of the Parties. Nothing contained in this Grant Agreement is intended or should be
construed in any manner as creating or establishing the relationship of co-partners or a joint venture
between the Grantee and the Met Council, nor shall the Grantee be considered or deemed to be an agent,
representative, or employee of the Met Council in the performance of this Grant Agreement, or the Grant
Program.
The Grantee represents that it has already or will secure or cause to be secured all personnel, including
any third-party contractor required for the performance of this Grant Agreement and the Grant Program.
All personnel of the Grantee or other persons while engaging in the performance of this Grant Agreement
the Grant Program shall not have any contractual relationship with the Met Council related to the work of
the Grant Program and shall not be considered employees of the Met Council. In addition, all claims that
may arise on behalf of said personnel or other persons out of employment or alleged employment
including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota,
claims of discrimination against the Grantee, its officers, agents, contractors, or employees shall in no way
be the responsibility of the Met Council. Such personnel or other persons shall not require nor be entitled
to any compensation, rights or benefits of any kind whatsoever from the Met Council, including but not
limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance
pay and retirement benefits.
10. Audits.
Under Minn. Stat. § 16C.05, subd. 5, the Grantee’s books, records, documents, and accounting procedures
and practices relevant to this grant contract are subject to examination by the Met Council and/or the State
Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the termination date of
this Grant Agreement.
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11. Government Data Practices.
The Grantee and Met Council must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Chapter 13, as it applies to all data provided by the Met Council under this grant contract, and as it
applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data
referred to in this clause by either the Grantee or the Met Council. If the Grantee receives a request to
release the data referred to in this Clause, the Grantee must immediately notify the Met Council.
12. Workers’ Compensation.
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers’
compensation insurance coverage. The Grantee’s employees and agents will not be considered Met
Council employees. Any claims that may arise under the Minnesota Workers Compensation Act on behalf
of these employees and any claims made by any third party as a consequence of any act or omission on
the part of these employees are in no way the Met Council’s obligation or responsibility.
14. Governing Law, Jurisdiction, and Venue.
Minnesota law, without regard to its choice-of-law provisions, governs this Grant Agreement. Venue for
all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
15. Termination.
Either Party may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written
notice to the Grantee. Upon termination, the Grantee will be entitled to payment for services prequalified
and satisfactorily performed before the termination notice.
16. Data Disclosure.
Under Minn. Stat. § 270C.65, subd. 3, and other applicable law, the Grantee consents to disclosure of its
federal employer tax identification number, and/or Minnesota tax identification number, already provided
to the Met Council, to federal and state tax agencies and Met Council personnel involved in the payment
of Met Council obligations. Grantee will require compliance with this Section 16 by Grantee’s contractor
and shall submit evidence of such compliance to Met Council as requested.
17. Notices.
In addition to any notice required under applicable law to be given in another manner, any notices required
hereunder must be in writing and shall be sufficient if personally served or sent by prepaid, registered, or
certified mail (return receipt requested), to the business address of the party to whom it is directed. Such
business address shall be that address specified below or such different address as may hereafter be
specified, by either party by written notice to the other:
To the Grantee at:
City of Hastings
1225 Progress Drive
Hastings, MN 55033
Attention: Cody Mathisen, P.E.
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To the Met Council at:
Metropolitan Council
390 Robert Street North
St. Paul, MN 55101
Attention: Ward Brown, Principal Financial Analyst
With copy to:
ES Budget Manager
Metropolitan Council Environmental Services
390 Robert Street North
St. Paul, MN 55101
18. Prevailing Wages
The Grantee agrees to comply with all applicable provisions contained in chapter 177 of the
Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435,
as they may be amended, modified or replaced from time to time with respect to the Grantee Program. By
agreeing to this provision, the Grantee is not acknowledging or agreeing that the cited provisions apply to
the Grantee Program.
19. Default and Remedies.
19.1 Defaults. The Grantee's failure to fully comply with all of the provisions contained in this Grant
Agreement shall be an event of default hereunder ("Event of Default").
19.2. Remedies. Upon an event of default, the Met Council may exercise any one or more of the
following remedies:
a. Refrain from disbursing the Grant;
b. Demand that all or any portion of the Grant already disbursed be repaid to it, and upon such
demand the Grantee shall repay such amount to the Met Council.
c. Enforce any additional remedies the Met Council may have at law or in equity.
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly
authorized representatives on or as of the date first above written.
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METROPOLITAN COUNCIL
By: ________________________________
Regional Administrator, successor, or delegate
Date: _______________________________
GRANTEE:
The Grantee certifies that the appropriate
person(s) have executed the grant contract on
behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By: ________________________________
______________________________, Mayor
Date: _______________________________
By: ________________________________
______________________________, Clerk
Date: _______________________________
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: John Caven
Date: February 24, 2025
Item: Authorize Joint Powers Agreement for the 15th and Bailey TSS Reduction Project between the
Vermillion River Watershed Joint Powers Organization and the City of Hastings
Council Action Requested:
The council is requested to authorize the Joint Powers Agreement between the Vermillion River
Watershed Joint Powers Organization and the City of Hastings for the Total Suspended Solids (TSS)
Reduction Project off 15th St and Bailey St.
Background Information:
The Minnesota Board of Water and Soil Resources (BWSR) has awarded the Vermillion River Watershed
Joint Powers Organization (VRWJPO) a Watershed Based Implementation Grant to retrofit urban
stormwater best management practices, focusing on total suspended solids (TSS) removal. The grant
aims to reduce large particulates from entering the Vermillion River, improving water quality and meeting
our Total Maximum Daily Load (TMDL) goals. Cities within the watershed were encouraged to
collaborate with VRWJPO and apply for funding through a competitive process. The City of Hastings has
been awarded funding to realign the stormwater discharge east of 15th St and Bailey St to improve
stormwater quality. TSS removal is expected up to 6,400 lbs/yr or remove up to 67% of its current
loading.
The project is in alignment with the goals set forth in the City’s Stormwater Pollution Prevention Plan by
reducing pollutants that drain into our lakes, rivers, and ponds.
Financial Impact:
City staff will begin working with a consultant in 2025 to develop the project design, with construction
anticipated in 2026. Grant funds are available through December 31, 2027, and can be used for both
design and construction expenses related to water quality improvements.
The estimated project cost is $325,000. The collaborative cost share contributions are as follows:
BWSR: $197,055
VRWJPO: $120,445
Dakota County: $5,000
City of Hastings: $2,500
Attachments:
Project Map
JPA Agreement
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Contract #DCA22247
Joint Powers Agreement
P a g e | 1 of 9
JOINT POWERS AGREEMENT FOR
THE 15TH AND BAILEY TSS REDUCTION PROJECT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION,
THE CITY OF HASTINGS, AND DAKOTA COUNTY
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively
exercise any power common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed
management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River
Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn.
Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and
WHEREAS, the City of Hastings (City) is a governmental and political subdivision of the State of
Minnesota; and
WHEREAS, Dakota County (County) is a governmental and political subdivision of the State of
Minnesota, and
WHEREAS, the intersection of 15th Street East and Bailey Street in Hastings is located adjacent to
the Vermillion River; and
WHEREAS, the Vermillion River is identified on the Environmental Protection Agency’s (EPA)
Clean Water Act Section 303(d) Impaired Waters List for total suspended solids (TSS); and
WHEREAS, stormwater outfalls contribute sediment loading to the Vermillion River; and
WHEREAS, a stormwater outfall near 15th Street East and Bailey Street and located on City owned
property with a Dakota County PID No. 19-03700-02-010 was identified as a high sediment loading source
to this section of the Vermillion River; and
WHEREAS, restoration strategies were identified in the Watershed Restoration And Protection
Strategies (WRAPS) report to identify and implement sediment reduction Best Management Practices
(BMP) on public lands in the Vermillion River; and
WHEREAS, reducing the sediment load in the Vermillion River through stormwater treatment
before being discharged to Vermillion River (Project) will address the TSS impairment affecting the
Vermillion River; and
WHEREAS, the estimated Project cost is $325,000 (Project Cost); and
WHEREAS, the VRWJPO was awarded a $197,055 Watershed Based Implementation Funding
Grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) in accordance with the
BWSR Grant Agreement, attached and incorporated herein as Exhibit A; and
WHEREAS, the Grant has a minimum match requirement equal to 10% of the amount of Grant
monies awarded, either in the form of cash or in-kind services; and
WHEREAS, the VRWJPO, City, and County have included cash matches collectively totaling at
least 10% of the Grant Amount (defined in Section 7.2 herein) in their Capital Improvement Plans for the
Project to be applied towards the Project Cost after the City’s application of the Grant Amount and will jointly
participate in the design, construction, and related activities for the Project to the extent specified herein;
and
WHEREAS, the VRWJPO, the City, and County will follow all applicable BWSR Grant policies and
requirements relevant to each party’s participation in the Project.
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NOW, THEREFORE, in consideration of the mutual promises and benefits that the City, County,
and VRWJPO shall derive from this Agreement, the VRWJPO, City, and County hereby enter into this
Agreement for the purposes stated herein.
ARTICLE 1
PURPOSE
This Agreement defines the Project responsibilities and Project cost-sharing obligations of the VRWJPO,
City, and County.
ARTICLE 2
PARTIES
The parties to this Agreement are the VRWJPO, City, and County.
ARTICLE 3
TERM
This Agreement is effective upon the date of the signatures of the parties to this Agreement and shall remain
in effect until December 31, 2027, or until completion by the parties of their respective obligations under
this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of
this Agreement.
ARTICLE 4
COOPERATION
The VRWJPO, City, and County agree to cooperate and use their reasonable efforts to ensure prompt
implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of
any dispute in an equitable and timely manner.
ARTICLE 5
TECHNICAL AND QUALITY ASSURANCE
The VRWJPO, City, and County will provide technical and quality assurance for the Project. Any engineer
providing technical or quality assurance for the Project must be a licensed Professional Engineer in the
State of Minnesota. The Project will be designed using appropriate practice standards for design,
construction, operation, and maintenance. Appropriate practice standards from the United States
Department of Agriculture’s Natural Resources Conservation Service Field Office Technical Guide,
Minnesota Stormwater Manual, or other scientifically appropriate and applicable standards can be used.
Vegetative practices must follow the BWSR Board adopted Native Vegetation Establishment and
Enhancement Guidelines. The engineer(s) providing technical and quality assurance will certify that the
Project was installed or constructed consistent with the applicable plans and specifications, including
approved modifications, prior to authorization for payment by the VRWJPO or County. An as-built plan set
will be provided to the VRWJPO by the engineer(s) immediately following Project completion as part of the
required Project certification.
ARTICLE 6
PROJECT PLANS AND SPECIFICATIONS
The City is the lead agency for design and construction administration of the Project, effective upon
execution of this Agreement by all parties. The VRWJPO, City, and County shall approve the plans and
specifications (Project Plans) prior to the City advertising for bids.
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ARTICLE 7
PAYMENT
7.1 The City will administer the contract(s) for the Project and act as the paying agent for all payments
to the contractor(s).
7.2 The Grant will reimburse project-related activities up to $197,055 (Grant Amount) related to the
engineering, permitting, bidding and construction of the Project.
7.3 The parties shall make the following contributions toward the Project Cost in accordance with the
following payment schedule and Section 7.9 in consideration of the benefit provided by restoration activities
on the Project in accordance with the Project Plans. The City will administer the contract(s) for the Project
and act as the paying agent for all payments to the contractor(s).
7.3.1 The County, by and through its Environmental Resources Department, shall contribute $5,000
toward the Project Cost.
7.3.2 The City shall contribute $2,500 toward the Project Cost.
7.3.3 The VRWJPO shall contribute $120,445 toward the Project Cost and will pass through Grant
Amount as reimbursement for eligible project-related activity expenses.
7.4 The City’s maximum eligible reimbursement is up to $322,500 when accounting for the Grant
Amount, VRWJPO cash contribution, and County cash contribution.
7.5 No payment by the parties shall be made prior to approval of the Project Plans by the VRWJPO,
City, and County.
7.6 Under the terms of the Grant, the VRWJPO will receive the Grant Amount in the following
disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and
Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO
will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the
VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%)
of the Agreement maximum shall be withheld until the VRWJPO has verified that the Project has been
installed according to this Agreement and the Project Plans. All requests for payment shall be supported
by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for
completion of the Project.
7.7 The VRWJPO and County may refuse to pay claims not specifically authorized by this Agreement.
Payment of a claim shall not preclude the VRWJPO and/or the County from questioning the propriety of the
claim. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claim.
7.8 Subject to Sections 7,9, 7.10 and Article 12, the VRWJPO and County shall pay the City their share
of the Project Cost upon receipt of the Project certification pursuant to Article 5 up to the maximum amounts
identified in Sections 7.3.1 and 7.3.3. The City shall invoice the County and VRWJPO for their share of
Project Cost once the Project certification is provided to the parties. The VRWJPO and County shall make
payment to the City within thirty-five (35) days of receipt of an invoice from the City provided the invoice
shall be supported by itemized Project receipts and invoices from the City’s contractor(s).
7.9 The VRWJPO and County may refuse to pay/reimburse an invoice for services or fees not
specifically authorized by this Agreement. Payment of an invoice shall not preclude the VRWJPO and
County from questioning the propriety of the claimed services or fees. The VRWJPO and County reserve
the right to be repaid for any overpayment or disallowed claimed services or fees.
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7.10 All services provided by the VRWJPO under the BWSR Grant Agreement (Exhibit A) or through
this Agreement, and services provided by the City and the County to the VRWJPO through this Agreement
must be performed to the State’s satisfaction pursuant to Exhibit A and the BWSR approved work plan.
ARTICLE 8
CITY OBLIGATIONS
8.1 AUTHORIZED PURPOSE. The funds, including the Grant Amount, provided under the terms of
this Agreement may only be used by the City for the payment of costs directly related to the Project.
8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed according to the Project
Plans. The VRWJPO, City, and County shall approve any modifications to the Project Plans.
8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the
Project shall be addressed in the City’s contracts with the construction firm or professional services firm.
8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO and County, its employees, duly
authorized representatives and agents to enter upon and have rights of ingress and egress over and access
at reasonable times to the real property where the Project will be located to inspect the construction of the
Project. Notwithstanding the right to inspect, neither the VRWJPO nor County is obligated hereunder to
inspect the work performed on the Project.
8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of
the Project or will request shared responsibility with the VRWJPO for on-going maintenance of the Project
upon completion for a minimum of 25 years unless a failure occurs from an Act of God or Force Majeure
occurs such that it is cost prohibitive to repair or maintain. For the purposes of this Agreement, a Force
Majeure event shall include, but is not limited to, abnormal weather conditions, floods, earthquakes, fire,
epidemics, war, riots, and other civil disturbances, strikes, lockouts, work slowdowns, and other labor
disturbances, sabotage, judicial restraint, and inability to procure permits, licenses, or authorizations from
any local, state, or federal agency as may be required. If such circumstances occur, the City shall provide
written notice to the VRWJPO describing the circumstances preventing continued performance.
8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws,
statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary
permits to construct the Project.
8.7 PUBLICITY. The City hereby permits the VRWJPO and County to take and disclose photographs
of the Project for use in publications or promotional material or on their websites to highlight the VRWJPO’s
programs. The City, County, and VRWJPO shall appropriately acknowledge the funding provided by the
VRWJPO, County, City, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment in
any promotional materials, signage, reports, publications, notices, and presentations related to the Project.
This section shall survive the expiration or termination of this Agreement.
ARTICLE 9
INDEMNIFICATION
9.1 INDEMNIFICATION & HOLD HARMLESS. Each party to this Agreement shall fully defend,
indemnify and hold harmless the VRWJPO, the County, and City, their officers, employees, and agents from
and against all claims, damages, losses, liability, suits, judgments, costs and expenses, including attorneys’ fees,
caused by or resulting from negligent acts or omissions of its officers, employees or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or
officers, employees or agents or the other parties. The provisions of the Municipal Tort Claims Act, Minn.
Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO, City, and the County. Each party
warrants that it can comply with the aforementioned indemnity requirements through an insurance or self-
insurance program and that each has minimum coverage consistent with liability limits contained in Minn.
Stat. Ch. 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall
be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual
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parties or as a waiver of any available immunities or defenses. Nothing herein shall be construed to provide
insurance coverage or indemnification to an officer, employee, or agent of any Party for any act or omission
for which the officer, employee, or agent is guilty of malfeasance or willful neglect of duty. This section shall
survive the expiration or termination of this Agreement.
9.2 LIABILITY. To the full extent permitted by law, actions by the Parties pursuant to this Agreement
are intended to be and shall be construed as a “cooperative activity” and it is the intent of the Parties that
they shall be deemed a “single governmental unit” for the purpose of liability, as set forth in Minnesota
Statutes, Section 471.59, subd. 1a(a); provided further that for purposes of that statute, each Party to this
Agreement expressly declines responsibility for the acts or omissions of another Party. The Parties hereby
expressly decline responsibility and are not liable for the acts or omissions of another participating Party to
this Agreement, except to the extent to which the Parties have agreed in writing to be responsible for any
such act or omission.
ARTICLE 10
AUTHORIZED REPRESENTATIVES AND LIAISONS
10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized
representatives of the parties for this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the authorized representative shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be
provided pursuant to this Agreement shall be made to the following named persons and addresses unless
otherwise stated in this Agreement, or an amendment of this Agreement:
TO THE VRWJPO:
TO THE CITY:
TO THE COUNTY:
Tom Wolf or successor, Chair
Vermillion River Watershed Joint Powers Organization
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7030
twolf@co.scott.mn.us
Mary Fasbender or successor, Mayor
City of Hastings
101 4th Street East
Hastings, MN 55033
Telephone: (651) 480-2350
mayormary@hastingsmn.gov
Georg T. Fischer, Director
Physical Development Division
14955 Galaxie Avenue
Apple Valley, MN 55124
Telephone: (952) 891-7007
georg.fischer@co.dakota.mn.us
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In addition, regarding termination of this Agreement by the shall be provided to the Office of the Dakota
County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033.
10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure
compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO, City, and the
County. The VRWJPO, City, and the County shall keep each other continually informed, in writing, of any
change in the designated liaison. At the time of execution of this Agreement, the following persons are the
designated liaisons:
VRWJPO Liaison: Jeff Dunn, P.E
Water Resources Engineer
Telephone: (952) 891-7140
Email: jeff.dunn@co.dakota.mn.us
City Liaison: John Caven, P.E.
Assistant City Engineer
Telephone: (651) 480-2369
Email: JCaven@hastings.mn.gov
County Liaison Cole Johnson, P.E.
Water Resources Project Supervisor
Telephone: (952) 891-7539
Email: cole.johnson@co.dakota.mn.us
ARTICLE 11
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid
when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by
the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of
the VRWJPO, City, and County.
ARTICLE 12
TERMINATION
12.1 IN GENERAL. Any party may terminate this Agreement for cause by giving written notice of its
intent to terminate to the other parties. Such notice to terminate for cause shall specify the circumstances
warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any
supplemental agreements or amendments thereto. The non-performing parties shall have thirty (30)
calendar days from the date of the termination notice to cure or to submit a plan for cure that is acceptable
to the other parties. This Agreement may also be terminated by the City or County in the event of a default
by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized
representative of the other parties. Termination of this Agreement shall not discharge any liability,
responsibility or right of any party, which arises from the performance of or failure to adequately perform the
terms of this Agreement prior to the effective date of termination.
12.2 TERMINATION BY VRWJPO OR COUNTY FOR LACK OF FUNDING. Notwithstanding any
provision of this Agreement to the contrary, either the VRWJPO or the County may immediately terminate
this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other
funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts
due under this Agreement. Neither the VRWJPO nor the County is obligated to pay for any services that
are provided after written notice of termination for lack of funding. The party terminating under this provision
for lack of funding will pay for expenses incurred by the other parties hereto up to the date of the Notice of
Termination for work on the Project.
12.3 REPAYMENT OF GRANT AMOUNT. If this Agreement is terminated pursuant to this Article 12,
the City shall repay the Grant Amount received as of the date of termination to the VRWJPO, who shall
return the Grant Amount to the BWSR, and the County and VRWJPO shall reimburse the City for their pro-
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rata share (based on the parties contributions set forth in Sections 7.3.1 through 7.3.3) of the Project Cost
incurred as of the date of termination. The City shall be responsible for the remaining amount of the Project
Cost as of the date of the termination based on its pro-rata share as set forth in Section 7.3.1 through 7.3.3
of this Agreement.
ARTICLE 13
MINNESOTA LAW TO GOVERN
This Agreement shall be governed by and construed under the substantive and procedural laws of the State
of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this
Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the
expiration or termination of this Agreement.
ARTICLE 14
MERGER
This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or
agreements.
ARTICLE 15
SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void,
invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of
this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially
impair the value of the entire Agreement with respect to any party.
ARTICLE 16
GOVERNMENT DATA PRACTICES
The City, County, and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn.
Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or
disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the
data referred to in this clause by either the City, County, or the VRWJPO.
ARTICLE 17
SURVIVABILITY
The provisions of articles 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9
(Indemnification), 12 (Termination), and 16 (Government Data Practices) survive the expiration or
termination of this Agreement.
ARTICLE 18
DEFAULT: FORCE MAJEURE
No party shall be liable to the other parties for any loss or damage resulting from a delay or failure to perform
due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the
defaulting party gives notice to the other parties as soon as possible. For the purposes of this Agreement,
a Force Majeure event is defined in Section 8.5 above.
ARTICLE 19
ASSIGNMENT
The Parties may neither assign nor transfer any rights or obligations under this Agreement without the
written permission of all Parties.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated
below.
CITY OF HASTINGS
By
Mary Fasbender or successor, Mayor
Date of Signature:
By
Kelly Murtaugh, Assistant City Administrator
Date of Signature:
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VERMILLION RIVER WATERSHED
JOINT POWERS ORGANIZATION
By
Tom Wolf or successor, Chair
Date of Signature:
DAKOTA COUNTY
By
Georg T. Fischer, Director
Physical Development Division
Date of Signature:
Approved as to form:1
/s/ Brian J. Wisdorf 2/13/2025
Assistant Dakota County Attorney/Date
KS-24-742
VRW Res. No. 24-50
KS-24-755
Dakota County Board Res. No. 25-064
1 Dakota County Attorney’s Office approved as to form for both Dakota County and the Vermillion River
Watershed Joint Powers Organization
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City Council Memorandum
To: Mayor Fasbender & City Council Members
From: Cody Mathisen, P.E. – City Engineer
Date: March 3, 2025
Item: Conduct Public Hearing and Consider Resolution to Approve Plans and Specifications for the 2025
Neighborhood Infrastructure Improvements and to Authorize Advertisement for Bids
COUNCIL ACTION REQUESTED
Council is requested to conduct a public hearing regarding the proposed scope and features of City Project 2025-1,
the 2025 Neighborhood Infrastructure Improvements. Additionally, the Council is requested to consider adopting the
enclosed resolution approving the plans and specifications and authorizing advertisement for bids. This is a City
initiated project, therefore by MN Statute, a supermajority (six of seven votes) of the Council must vote in favor of the
resolution in order to approve it.
BACKGROUND - PROPOSED IMPROVEMENT PROJECTS & DESIGN FEATURES
The 2025 Neighborhood Infrastructure Improvements project includes street and utility upgrades across seven city
streets. These improvements range from street reclamation with limited utility work to full street and utility
reconstruction. Each street and its corresponding scope of work are detailed below.
➢ IMPROVEMENT AREAS
The streets to be fully reconstructed include:
• 1st Street West – Farm Street to CSAH 42
• State Street – 1st Street West to 7th Street West
o Note: State Street from 3rd to 4th Street was not part of the original project scope
identified in the City’s capital improvement plan in 2024. This segment, last rehabilitated
in 2006, was discovered upon further analysis to need utility repairs consistent with the
remainder of the corridor. Staff brought this consideration as well as the added benefit
of improving street width alignment if this block were to be included to the operations
committee in December of 2024. The Committee ultimately agreed with staff’s
recommendation to include this segment into the project.
• Farm Street
• Fraiser Street
The streets to be reclaimed include:
• 1st Street West – Pleasant Drive to Farm Street
• Prairie Street – 3rd Street West to TH-55
• Olive Street
• 1st Place
➢ COMPLETE RECONSTRUCTION AREAS SCOPE
• Pavement: The pavement surface on most of the proposed reconstruction areas is extensively deteriorated
and in need of complete replacement. Correction involves complete reconstruction of the street with new
underlying base material and a new pavement surface.
• Curb & Gutter: Full replacement to improve drainage and protect the edges of pavement surface.
IX-01 (a,b)
• Drainage Systems: Upgrades will include upsizing, extensions, repairs, and additional inlets.
• Sanitary Sewer & Water Systems: Systems are aged and are showing signs of failure, which need to be
removed and replaced or heavily rehabilitated.
➢ RECLAMATION AREAS SCOPE
• Pavement: Reclamation (grinding up) of existing pavement and base material for reuse, followed by a new
pavement surface.
• Curb & Gutter: Majority will remain; only damaged sections or those inhibiting proper drainage will be
replaced.
• Drainage Systems: Minor extensions, repairs, and additional inlets.
• Water System: Spot rehabilitation of gate valves and fire hydrants as needed.
➢ STREET WIDTHS
• Reconstructed streets may be narrowed to calm traffic, reduce long-term maintenance costs, and reduce
snow removal efforts. Modifications to existing street widths include:
o Fraiser Street: To be reduced from 36 feet to 32 feet
▪ 32’ width is standard for low-volume residential streets with two-sided parking. Street only
carries approximately 100 vehicles per day.
o State Street (1st to 4th Street): To be reduced from 36 feet to 32 feet
▪ Similar rationale to Fraiser Street; carries <250 vehicles/day.
▪ Note that State Street from 4th Street to 7th Street is being kept at 36’ wide to
accommodate increased parking demand near Lions Park. 4th Street serves as an effective
delineator of this change in width as 4th Street is a collector roadway.
• Because reclamation streets keep the existing curb in place, the ability to narrow is not an option on these
roadways as part of this project.
➢ PARKING NEEDS
• 1st Street West Parking Adjustments
1st Street will be receiving upgrades regarding on-street parking demand generated by the adjacent
hospital and senior living facilities. Staff has coordinated extensively with representatives from these
organizations on the solution proposed within the project Plans.
o Pleasant Drive to Farm Street: Parking allowed on both sides except near 1215 1st Street West
(visibility concerns on North Side) and 50’ west of Farm Street along the South side.
o Farm Street to Olive Street: Dedicated parallel parking areas will be established along the north
side of the road. No parking will be allowed on the south side.
o Olive Street to CSAH 42: No parking will be allowed on either side of the road due to the
constricted (30-foot wide) curvilinear roadway in this section.
• Even with the narrowing described in the previous section for select blocks, all proposed street widths
within the project area are sufficient to accommodate parking needs.
IX-01 (a,b)
➢ SIDEWALKS AND TRAILS
• A new 5-foot sidewalk will be added on the north side of 1st Street, closing a pedestrian facility gap
between Pleasant Drive and CSAH 42.
• Due to right-of-way restrictions along 1st Street between Olive Street and CSAH 42, an easement
agreement has been obtained with the Regina Senior Living property that allows for routing the sidewalk
around Soldiers and Sailors Cemetery. This sidewalk will be dedicated for public use within this permanent
easement. Maintenance such as snow clearing will be completed by Regina Senior Living staff in
combination with Allina Hospital.
➢ UTILITY INFRASTRUCTURE UPGRADES
• Full Reconstruction Areas:
o Replacement of water and sanitary sewer main lines.
o Replacement of sewer and water services within the right-of-way.
o Storm sewer enhancements for drainage and water quality.
• Reclamation Areas:
o Spot repairs to water system gate valves and fire hydrants.
o Minor storm sewer upgrades to enhance surface drainage.
➢ EXISTING TREES – REMOVALS AND REPLACEMENTS
• There are several mature trees located within the boulevards of this Neighborhood. Staff has
collaborated with the City Forester to identify and retain healthy boulevard trees to the extent possible
with the proposed improvements.
• Despite efforts to avoid removals, approximately 15 trees will be removed. It is worth noting that several
of these trees are diseased Ash trees or their removal is seen as advantageous by the property owners.
All property owners will be individually consulted about these removals.
• Any property owner that has a tree removed as part of construction will have the option to select a
replacement tree that will be planted as part of the project at no cost to the owner. Staff will be
working in the coming weeks to finalize desired replacement tree selections with each property owner.
➢ OTHER ISSUES AND COMMENTS
• Operations Committee Meetings:
o On December 9, 2024, the Committee supported the proposed project scope and assessment plan.
o The committee supported staff recommendations to incorporate a new sidewalk along 1st Street as
well as to include the block of State Street between 3rd Street and 4th Street into the scope.
• Public Outreach:
o Notices were mailed to property owners with project details and resources including a link to a
video overview presentation.
o A public open house was held on January 23, 2025, at the Hastings YMCA.
o ~27 of 98 assessed property owners (28%) have provided feedback via meetings, surveys, and the
open house.
o General support has been expressed for the project’s scope and features.
IX-01 (a,b)
➢ OVERVIEW OF ASSESSMENTS IMPACT
• Assessment Rates
Assessment rates were determined based on an analysis completed by a third-party appraiser for each
property type within the project area. This analysis determined the special benefit anticipated for each
property based on the type of improvement taking place. A summary of the assessment rates generated
utilizing this report are as follows:
o Single Family Home Reconstruction Area - $7,200 per Lot
o Single Family Home Reclaim Area - $6,000 per Lot
o Total Estimated Private Assessments - $724,213
o Additional details and rates for other property types including commercial, agricultural, twin homes,
and apartments will be discussed further at the assessment hearing planned to be held at the April
7th City Council Meeting.
• Community Development Block Grant (CDBG) Funds:
o Dakota County CDA informed City staff on February 20, 2025, that CDBG abatement funds may not
be available due to federal funding pauses.
o Staff will monitor this situation closely and provide an update at the assessment hearing.
➢ FUNDING SUMMARY
• Total Pre-Bid Cost Estimate: $4,515,000
o Includes engineering, construction, administration, and contingency costs
• Funding Sources
o General Obligation (G.O.) Bonds for Street and Storm Sewer Improvements: $3,050,000
o Utility Revenue Bonds: $1,465,000 Total (Sanitary Sewer: $520,000 and Water: $945,000)
• The project is tracking to be funded within the City’s funding parameters for the 2025 Budget.
➢ SCHEDULE
• The timeline for this project is to begin construction by May and substantially complete by late
September.
COUNCIL ACTION REQUESTED
Council is requested to conduct the public hearing for the project and approve the resolution ordering the
improvements, approving the plans and specifications, and authorizing the advertisement for bids.
ATTACHMENTS
➢ Resolution Approving the Project and Authorizing the Advertisement for Bids
➢ Project Map
➢ Neighborhood Meeting Comments & City Staff Responses
IX-01 (a,b)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION APPROVING THE PLANS, AND AUTHORIZING THE
ADVERTISEMENT FOR BIDS FOR PROJECT 2025-1, THE 2025 NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS
WHEREAS, a resolution of the City Council adopted the 3rd day of February, 2025, ordered a hearing on the
proposed infrastructure improvements on City Project 2025-1, and
WHEREAS, required mailed and published notices of the hearing were given, and the hearing was held thereon on
the 3rd day of March, 2025, at which all persons desiring to be heard were given an opportunity to be heard
thereon.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS; that
1. Such improvements are necessary, cost-effective, and feasible as detailed in the feasibility report.
2. Plans and specifications for these improvements prepared by the Hastings City Engineer are hereby
approved.
3. The City Engineer and City Clerk shall cause to be made a matter of record via this resolution any
amendments to design features made by the City Council at the March 3rd, 2025 City Council meeting. The
City Council hereby amends the project scope and plans as follows:
4. The City Engineer shall prepare and cause to be published on the Quest Construction Data Network web site
and on the City of Hastings official web site an advertisement for bids for the construction of the approved
Project 2025-1. The advertisement shall be published for three weeks, shall specify the work to be done,
shall state that bids will be opened virtually on a date and time to be determined, and that no bids will be
considered unless sealed and filed with the Clerk and accompanied by a cash deposit, cashier’s check, bid
bond, or certified check payable to the City of Hastings for 5% of the amount of each bid.
ADOPTED BY THE CITY COUNCIL OF HASTINGS, MINNESOTA, THIS 3rd DAY OF MARCH, 2025.
Ayes:
Nays:
Mary D. Fasbender, Mayor
ATTEST:
Kelly Murtaugh, City Clerk
SEAL
IX-01 (a,b)
IX-01 (a,b)
Number Address Name Resident Questions/Comments/Concerns City Staff Response
1 1125 1st w Lee Anderson
The resident filled out the online form with the following questions:
1. How far into the property on south side of 1st and what about HBC cable that was just installed?
2. Does the 36 ft include the bump in and how does this slow traffic which is already
out of control?
Called and left a message for Lee on 1/21/24 at 12:50PM. Cody and Bo talked to the resident at the open house. All of the residents questions were answered, and he seemed pleased with
the responses.
2 620 Prairie St Elayne Lukowicz The resident filled out the online form with the following question: Is this reclaim on Prairie street
going into my yard or just the street in front?
Called and explained the irrigation responsibility and process. The resident was not happy about being responsible for irrigation costs. Bo informed Elayne that we will do our best to avoid
the irrigation, and the steps she can take to help this process. I let her know we will be updating her before we do any work in her area, and along the way. These updates will have tips on
how the residents can help us avoid damaging the irrigation systems.
3 827 4th St Charles and Carol Raway
The resident filled out the online form with the following question and comment: Why are you
replacing the curb and gutters from the corner of 4th to the other side of my driveway apron but
you not replacing my driveway apron? Water has been undermining the street there for the last 40
years as well. I would like to see a storm drain added on my side (east side) of prairie street south
of the 4th street intersection. I have had to live with run off and puddles at my driveway apron for
the last 45+ years. it is a real mess in the spring when the snow melts. Snowplow drivers generally
leave the snow 3 feet away from the curb and water has melted and refrozen there for 45+ years.
Please address this issue.
Informed the resident we will be replacing his driveway and improving the drainage in his area. Also let him know that we will look into adding a structure near here property after we
receive the storm water modeling. The resident was happy with these answers and also attended the open house.
4 928 7th St W James Mackey, Diane McLain
The resident filled out the online form with the following questions:
1. I have an irrigation system that is close to the curb, on state street, how far, from back of curb,
will construction interfere with my irrigation system?
2. If my concrete driveway needs to be cut back, will it be poured back with
construction or will I have to pay for the concrete to be reinstalled?
1. Called and explained the irrigation responsibility and process. Bo informed James we will give updates before when start construction along his property.
2. Informed James we will most likely not be impacting his driveway, but if we do we would replace his driveway with the same material.
5 929 W 6th St Dan Mann No Comments NA
6 416 State Street Dave Schmmidt / Kathy Carlson
The resident filled out the online form with the following comment: Leave State Street at 36ft.
When they have soccer and baseball (at Lions Park) these side streets are packed with cars, you
have a hard time seeing around the corners. Not happy about paying for assessments on 5th street
in 2022 and now for State street in 2025.
Staff let the resident know that we would look into this and consider keeping that block at 36' with the additional parking considerations. The resident was also at the open house.
7 117 Farm St. Lynda Holzemer
The resident filled out the online form with the following question: In 1985 when we were assessed
for Farm St our assessment was based on lot size. So the bigger homes with larger lots paid more
for their access area. This time is all the same? I think it is wonderful that you are addressing the
parking on first street. That is an accident
waiting to happen.
Called and left a message on 1/21/24 at 3:30. Spoke with this resident and generally explained the per-lot methodology that has been adopted with this project and how it was selected as
the most equitable way to distribute assessments for the project.
8 124 Farm Street Nick Conzemius
The resident asked the following questions:
1. What will happen with the curb cut from 124 to Farm Street?
2. How are future development plan effected?
3. What about tree removal
1. The resident has not yet decided what he would like to do with the curb cut on Farm. Resident will inform us to replace or remove prior to construction
2. Discussed future development plans for agricultaural parcel. The general plan (unknown timeline) is to develop with a cul-de-sac backing up to 1st Street (no direct access). This assisted
staff with utility planning for this area.
3. Talked about tree removal for rental property 122 Farm Street- Cleared and interested in tree replacement program.
9 121 1st Pl Mary and Ed Fleming No Comments NA
10 101B Farm St Sandy Qumpza Attended open house Presented to residents at open house and answered any questions they had about the project. Answered questions about driveway access and assessments.
11 120 1st Pl Rose Tappella Attended open house Presented to residents at open house and answered any questions they had about the project.
12 1104 2nd St August Fox Attended open house Presented to residents at open house and answered any questions they had about the project.
13 110 Farm St Mark and Linda Schutt Attended open house Presented to residents at open house and answered any questions they had about the project.
14 1128 2nd St Kelly and Allan Cordes Attended open house Presented to residents at open house and answered any questions they had about the project. Talked with the residents about their landscape, trees, and
driveway. Will set up an on site meeting with the resident in the future.
15 311 State St James Bzoskie Attended open house Presented to residents at open house and answered any questions they had about the project.
16 931 1st St Ann Voelker Attended open house Presented to residents at open house and answered any questions they had about the project.
16 931 1st St Steve Voelker Attended open house. Asked about sanitary service to the home that his brother
lives in (931 1st Street)
Took note of the residents concern with the sanitary sewer service and discussed with him the exisiting utilities thoughout the corridor of State Street. Took down
his contact information to follow up with when designing the sanitary on State Street.
17 931 1st St Bob Voelker
Attended open house. Also asked about the property at 931 1st Street and parking along 1st Street
infront of his home.
Discussed the changes in parking along 1st street with the resident and how this should leave less cars infront of his driveway. Also discussed the sanitary service with Bob as we did with
Steve and took down his contact information to include him on the follow up meeting when designing sanitary.
18 839 5th St Sarah Hummel Attended open house Presented to residents at open house and answered any questions they had about the project.
19 1333 Honeysuckle Jacob Dean Attended open house Presented to residents at open house and answered any questions they had about the project.
20 106 State St Geoffrey Appelgren
Attended open house. Asked about driveway access and the general construction process for his
son who lives on the project.
Informed the resident that even though the street will be closed to trhough traffic all residents living on streets impacted will be allowed through an will have
maintained access to their driveway for the majority o the project. We also informed the resident of a general construction schedule and that notices will be coming out before work is done
on his particular street.
21 303 State St Ralph and Mary Meuwissen What is the assessment cost for my lot? Will there be impact to my walk out
sidewalk?
Explained the assessment process and explained that we will replace what we tear out on their outwalk to the curb.
22 103 Farm St James and Konnie Jacoby Called and had questions about driveway and mail box. Answered all the questions over the phone. Follow up meeting and residents home on 1/28/2024 to go over driveway expectations.
23 122 State St Kris Schmit Called with a question about the timeline for construction that will be orrucing infront of 122 State
St. She is concerned with driveway access since she cannot walk or carry things very far.
Called back and explained that we do not have a specific schedule yet but we would keep her updated as we learned more about the specifics. Told the resident that we would work with her
as the time gets closer to make sure that she is able to have access to the driveway. This could either be through a temporary driveway or through shutting down 1/2 of the driveway at a
time. The appartment building driveway is a double drive so pouring it in segments should be an
option.
2025 Neighborhood Improvements Project - Public Engagment Comments & Responses
IX-01 (a,b)
City Council Memorandum
To: Mayor Fasbender and City Council Members
From: David Wilske, Chief of Police
Date: March 3, 2025
Item: Gores Pool #3 Wildlife Management Area
Council Action Requested:
Request Minnesota Department of Natural Resources (DNR) provide 200 foot buffer for three affected
addresses in the City of Hastings.
Background Information:
The City of Hastings entered into a Memorandum of Understanding (MOU) with the DNR in 2008. This
MOU allowed for hunting within city limits for small game, Wild Turkey, and archery hunting for deer.
The 2008 MOU agreed that a 200-foot buffer would be instituted for two properties during a special
deer management hunt. The DNR has never instituted a special deer hunt for this area. The two
addresses identified in the 2008 agreement were: 1621 4th St. East and 2900 4th St. East. An additional
home was built after the original MOU and this address is 2925 4th St. East. All three of these homes are
next to Gores Pool #3 hunting lands and have legitimate safety concerns.
On December 16, 2024, the City Council heard from neighboring residents, the DNR, and City staff. The
Hastings City Council requested the Public Safety Advisory Commission review this issue and provide
recommendations. The Public Safety Advisory Commission completed their review and made a motion
to approve the Hastings City Council requesting a 200-foot buffer from the DNR of the three affected
properties. The motion passed and a memo is included from the Public Safety Advisory Commission
Board Chair.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission: January 16, 2025
Council Committee Discussion:
Public Safety Committee: February 10, 2025
Attachments:
2008 MOU with DNR
PSAC Memo
Resolution
X-D-01 (a,b)
X-D-01 (a,b)
X-D-01 (a,b)
X-D-01 (a,b)
X-D-01 (a,b)
X-D-01 (a,b)
1-23-2025
To : Chief Wilske
Hastings Police Chief
From: Theresa Auge`
Chair of the Public Safety Advisory Commission
Subject: Gores Pool #3
On January 16, the PSAC reviewed a presentation of Gores Pool #3. (The Hastings City Council
received the same presentation.) It was at the request of the City Council to review this topic, and if
appropriate make a recommendation to the council.
The commission discussed the property owners’ concerns, the Memo of Understanding between
the DNR and the City of Hastings. We reviewed the geographic map. Our discussion supported the
idea that we, PSAC, make a recommendation to City Council to pursue the 200’ foot buffer between
the property line and the approved hunting land mentioned in the original MOU. Increase signage
concerning the properties: 1621 4th Street East, 2925 4th Street East, and 2900 4th Street East. The
following action was taken.
A motion was made by Commissioner Sherry and second by Commissioner Braun to encourage
the City Council to request the 200’ buffer for these three properties located within Gores Pool #3.
The motion passed unanimously.
X-D-01 (a,b)
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION _____________
A RESOLUTION REQUESTING THE MINNESOTA DEPARTMENT OF NATURAL
RESOURCES PROVIDE A BUFFER AND IMPROVED SIGNAGE
WHEREAS, The City of Hastings and MN Department of Natural Resources
entered into an agreement in 2008 regarding Gores Pool #3; and
WHEREAS, There were two identified properties in the agreement that are
adjacent to this hunting land; 1621 4th St. East; 2900 4th St. East; and
WHEREAS, An additional home was built in 2018 at 2925 4th St. East, which is
also adjacent to Gores Pool #3 hunting land, and
WHEREAS, City leaders and elected officials have received complaints from
identified homeowners for years regarding public hunting lands, and
WHEREAS, Homeowners have identified legitimate safety concerns regarding
hunters in close proximity to their property, and
WHEREAS, Homeowners have found damage to buildings from shotgun rounds,
hunting arrows in their yards, damage to other property from gun projectiles, and
WHEREAS, current signage lacks adequate maps showing boundaries between
Wildlife Management Areas (WMA), Aquatics Management Areas (AMA), and private
property, and
WHEREAS, the residents of these addresses have requested a buffer from their
property line, into Gores Pool #3; and
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota;
1.That the City of Hastings request the DNR to enact a 200-foot buffer; and
2.That the buffer will be for the addresses of; 1621 4th St. E, 2900 4th St. E, and
2925 4th St. E.; and
3.The Department of Natural Resources will improve signage between the
WMA, AMA, and private property; and
4.That the agreement from 2008 will be updated to reflect the 200-foot buffer
from these addresses.
X-D-01 (a,b)
Adopted this 3rd day of March, 2025.
_______________________________
Mary Fasbender, Mayor
Attest:
_____________________
Kelly Murtaugh, City Clerk
X-D-01 (a,b)
City Council Memorandum
To: Mayor Fasbender and City Council Members
From: David Wilske, Chief of Police
Date: March 3rd, 2025
Item: ATV/UTV Ordinance Update Recommendations
Council Action Requested:
Accept recommendations regarding ATV/UTV on City streets as provided by the Public Safety
Advisory Commission and request City Attorney to draft ordinance revisions.
Background Information:
On September 3, 2024, City Council voted 4-2 in favor of revising the ordinance to allow use of
special vehicles on City streets. The City of Hastings City Council requested the Public Safety
Advisory Commission (PSAC) review and provide recommendations to City Council regarding
updates to city ordinance 70.02 and use of UTV/ATV’s on city streets. The PSAC reviewed
ordinances from other jurisdictions, pertinent state statute language regarding UTV/ATV’s and
consulted with the MN Department of Natural Resources guidebook to determine
recommendations to City Council. The PSAC completed their review and a memo that outlines their
recommendations. The memo is attached in the packet for review.
Financial Impact:
Undetermined: Financial Impact would include permits, police officer time for inspection,
Deputy City Clerk time for application review.
Advisory Commission Discussion:
Public Safety Advisory Commission: November 2024 - February 2025
Council Committee Discussion:
April and July 2024
Attachments:
PSAC Memorandum
X-D-02
To: Hastings City Council
Hastings City Administration
Fr: Public Safety Advisory Council
Theresa Auge` Chair of PSAC
February 23, 2025
Subject: ATV/UTV Use within the City of Hastings
The Commission thanks the council and administration for allowing us to extend an opinion on the
topic of ATV/UTV within the City of Hastings. The commission spent several months learning,
studying, and gaining knowledge on this topic. We reviewed many different ordinances from other
cities. We reviewed the DNR OHV regulations. We heard from a few residents. The commission
reached consensus on this topic and concluded their discussion on this topic at our February 20th
meeting.
We, the Public Safety Advisory Commission, do not support endorsing a change in our current
ordinance concerning the use of ATV/UTV on our city streets. We support the current ordinance
that allows for the use of ATV/UTV with a disability. There were several reasons for this decision.
Should you want to know the reasons we do not support a change to the ordinance, they can be
provided to you.
The Commission reached consensus on the topic of ATV/UTV for the City of Hastings.
Motion: If the city council moves forward with altering the current city ordinance to allow
ATV/UTV use without a disability; we feel the following criteria should be included in the altered
or new ordinance. Moved by Commissioner Caflisch and seconded by Commissioner Gunter. The
motion passed unanimously.
Dune buggies, mini trucks and golf carts are not included among the accepted transportation or
included in this criteria. Nor does it include pocket rockets. The particulars of obtaining a City of
Hastings permit for a Hastings city resident would be based on an inspection by the Police
Department. Recognizing there are sections of the city that are a bit challenging to access by
ATV/UTV we recommend a map be provided for interested parties.
X-D-02
The commission agreed to the following:
• Only DNR Class 2 ATV/UTV are allowed under this permit.
o MN DNR classifies a Class 2 ATV as: Width greater than 50 inches, but no more than
65 inches. Many refer to this type of vehicle as a side-by-side.
o MN Statute identifies a UTV as: a side-by-side, four-wheel drive, off-road vehicle that
has 4 wheels, is propelled by an internal combustion engine and dry weight of 1,800
but less than 2,600 pounds (169.045s1). This language is currently in ordinance
70.02
• All drivers must be 18 years of age. They must have a valid driver’s license. They must
have valid and current insurance. They must have their City of Hastings permit
displayed on the ATV/UTV.
o Ordinance 70.02sC(2a) requires proof of insurance.
• The driver and all passengers must wear seatbelts.
• Those 18 and older recommend the use of a DOT (department of Transportation)
helmets but not required. Those passengers under the age of 18, helmets are required
o MN Statute 84.9256s2 requires helmets for those under the age of 18.
• Passengers must be 12 years or older to ride in an ATV/UTV.
• Use of an ATV/UTV is limited to hours of daylight and concludes with a half hour prior to
sunset.
o State Statute 169.045s3 limits hours of operation unless equipped with headlights
and taillights. PSAC opted for limitations even with lighting.
o Language currently exists in ordinance 70.02sF.
• The use of an ATV/UTV in city parks is prohibited. (Refer to map.)
• The use of an ATV/UTV on a sidewalk is prohibited.
• The use of an ATV/UTV on ISD 200 grounds is prohibited.
• The use of an ATV/UTV in the Historic section of Hastings is prohibited. (Refer to map.)
• Speed limits are controlled by the posted speed limits. All MN traffic laws, and City of
Hastings ordinances must be complied with.
o MN Statute 169.045s6
• Each ATV/UTV must have 3 working mirrors. A rearview and a right and left side mirror.
• Each ATV/UTV must have a rollbar.
• Each ATV/UTV must be equipped with 4 DOT (department of transportation) tires.
• If the ATV/UTV does not have a windshield, the driver and any passengers must have eye
protection.
• Each ATV/UTV must have working headlights, brake lights, and turn signals. Headlights
must be on when driving.
o MN Statute 84.928s1a(c) states ATV’s cannot travel on public roadways unless
equipped with at least one headlight and taillight.
X-D-02
• No person shall use a muffler cutout, by-pass, straight pipe or similar device on their
ATV/UTV. Standard mufflers which are properly attached, and which reduce the noise of
operation of the motor to the minimum necessary for operation.
• A slow-moving emblem is required on the back of the ATV/UTV.
o MN Statute 169.045s4 requires this as well.
o Language currently exists in ordinance 70.02sG.
• No person shall operate an ATV/UTV in inclement weather or when visibility is impaired
by weather, smoke, fog, or other conditions, or at any time when there is insufficient
visibility to clearly see persons and vehicles on the roadway at 500 feet.
o MN Statute 169.045s3 also mentions sunrise to sunset (unless equipped with
lighting, no driving in inclement weather and when visibility is below 500 feet.
o Language currently exists in ordinance 70.02sF.
• Nothing in this ordinance shall be construed as an assumption of liability by the City of
Hastings for any injuries to people which may result from the operation of an ATV/UTV by
a permit holder or the failure by the City of Hastings to revoke the permit.
*MN Statue 169.045 authorizes the City of Hastings to authorize operation of ATV’s on city streets
and set regulations.
*PSAC is recommending the city still allow the medical acceptation for golf cart use, but include the
aforementioned additions for recreational ATV/UTV use.
X-D-02
City Council Memorandum
To: Mayor Fasbender and City Council Members
From: David Wilske, Chief of Police
Date: March 3rd, 2025
Item: E-Bike Ordinance Recommendations from PSAC
Council Action Requested:
Accept recommendations regarding Electric Bikes as provided by the Public Safety Advisory Commission
and request City Attorney to draft ordinance revisions.
Background Information:
The Public Safety Advisory Commission (PSAC) was requested to review city ordinance 70.09 regarding
E-bicycle use in the City of Hastings. The PSAC reviewed Micromobility and E-Bike ordinances in
neighboring jurisdictions and reviewed state statute language regarding E-Bikes.
The PSAC developed ordinance recommendations to be added to 70.09 – Micromobility Vehicles and
the memorandum from PSAC is included in your packet.
Financial Impact:
None
Advisory Commission Discussion:
Public Safety Advisory Commission: June – July 2024 and November 2024 - February 2025
Council Committee Discussion:
Attachments:
PSAC Memorandum
X-D-03
To: Hastings City Council
Hastings City Administration
Fr: Public Safety Advisory Council
Theresa Auge` Chair of PSAC
February 23, 2025
Subject: Use of E-Bike within the City of Hastings
The Commission thanks the council and administration for allowing us to extend an opinion on the
topic of E-Bikes within the City of Hastings. The commission spent several months learning,
studying current statue, and discussing this topic. The commission reached consensus on this
topic and concluded their discussion on this topic at our February 20th meeting.
Motion: We, the Public Safety Advisory Commission, support the following criteria to be
considered for implementation into a city ordinance. Moved by Commissioner Gunter and
seconded by Commissioner Givens. The motion passed unanimously.
• No permit is required.
• State law requires the operator to be 15 years of age or older.
• A helmet is encouraged but not required.
• Riders must ride in traffic on the street. There is no riding on city sidewalks.
• Each bike must have a working headlight and taillight. See specifics in statute 169.011
• Insurance is not required but encouraged.
• Eye protection is encouraged but not required.
• Limit of 15 mph on City of Hastings Park and Bike trails.
o Current City of Hastings Ordinance 94.09 identifies speed limit of 20mph; however,
Dakota County Regional Trails speed limits at 15 mph and Hastings Park and Rec is
interested in changing Hastings ordinance to be consistent with County.
• Nothing in this ordinance shall be construed as an assumption of liability by the City of
Hastings for any injuries to people on which may result from the operation of an E-bike.
X-D-03
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: March 3, 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
X-E-01
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 Sen. 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.
Both Sen. Seeberger and Rep. Dippel have indicated strong support for our project. Rep. Dippel
has prepared four bills: one seeking to designate Hastings as eligible for funding through the East
Metro’s 2018 3M Settlement and one seeking funding through the Clean Water Fund of the
Legacy Fund. The other two seek to fund the remaining $16.6M costs for the Eastern WTP, one
through the capital budget and the other as a general cash appropriation; Sen. Seeberger has
signed on to these two. On February 27, we had a hearing with the House Capital Investment
Committee on the capital budget request (HF1192).
It is vitally important to have support from both of our legislators and that they work together.
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.
X-E-01
The Public Facilities Authority has listed the eastern WTP is ranked #2 and central WTP appears
ranked tied at #13 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).
Although this is through a state agency, the funds have originated as federal assistance. The PFA
does not believe this will pose a problem, but it does raise some uncertainty.
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%
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.
I expect to schedule a City Council workshop in April to discuss low-interest loan to finance the
City’s portion of the Central WTP, as well as the July rate increase, and projections for future
rate increases.
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.
X-E-01
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 City Council approved the grant agreement at its January 21 meeting.
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 in 2025
and delay the eastern WTP 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.
In January, a Phase I environmental review was conducted and found record of a 2005 petroleum
spill at the site. In February, a Phase II environmental assessment was approved to determine the
extent of potential contamination. If soil borings confirm contamination within the
redevelopment area, then a Response Action Plan will be created and we will enroll in the
MPCA Brownfield Program for assurance letter(s). On February 18, the Purchase Agreement
was extended to on or before May 30 to allow necessary time for the Phase II assessment.
SRF Consulting is assisting with business relocation analysis for the two businesses currently at
this location. Under state law, some costs associated with the relocation of these businesses will
be borne by the project. Both have indicated strong interest in continued operations in Hastings.
X-E-01
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.
As design reaches 60% and architectural renderings are developed, we will host a public open
house (likely in March-April), so neighboring properties can learn about the upcoming 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
X-E-01
March 3, 2025
Jess Richards
Assistant Commissioner
Minnesota Department of Natural Resources
500 Lafayette Road North
St. Paul, MN 55155
Kirk Koudelka
Deputy Commissioner
Minnesota Pollution Control Agency
520 Lafayette Road North
St. Paul, MN 55155
Re: Clean Drinking Water in the East Metro
Dear Assistant Commissioners Richards and Koudelka:
We write to emphasize how important it is for you, as the State of Minnesota’s Trustees of the funds in the 3M
Grant for Water Quality and Sustainability Fund, to properly prioritize the use of the $850 million grant in the
Settlement Agreement. The grant must be used “to ensure clean drinking water in sufficient supply to residents
and businesses in the East Metropolitan Area,” which is your “first and highest priority.”
The Settlement Agreement allows you “immediate access of up to $20 million of Grant funds” for secondary
goals of “projects that restore and enhance aquatic resources, wildlife, habitat, fishing, resource improvement,
and outdoor recreational opportunities.” In late January, you issued a Request for Proposals to spend these
funds.
The Settlement Agreement does not mandate using these funds for secondary projects; it provides “access.”
This is your choice to prioritize fishing piers over drinking water.
A year ago, in May 2024, you said that the East Metro Settlement funds are projected to run out of money.
Using these limited funds for discretionary, recreational projects is simply irresponsible. We encourage you to
re-allocate these recreational funds toward clean drinking water for the East Metro Area.
Thank you for your immediate attention,
Mary Fasbender
Mayor
Angie Haus
City Councilmember, At-Large
Mya Beck
City Councilmember, Ward 2
Dave Pemble
City Councilmember, At-Large
Lisa Leifeld
City Councilmember, Ward 3
DawnMarie Vihrachoff
City Councilmember, Ward 1
Tim Lawrence
City Councilmember, Ward 4
X-E-01
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: Emily King, Deputy City Clerk
Date: March 3, 2025
Item: 2nd Reading: Ordinance Amendment – City Code Chapter 90.16 – Sidewalk Cafés and
Chapter 90.17 – Parklets
Council Action Requested:
Consider Second Reading and adoption of the amendments to Hastings City Code Chapter 90.16 regarding
Sidewalk Cafés and Chapter 90.17 regarding Parklets.
Background Information:
City staff is proposing ordinance amendments to Chapter 90.16 and Chapter 90.17 of the Hastings City
Code. In 2024, City staff met with a few downtown business owners regarding the existing requirements of
Sidewalk Cafés and Parklets. Business owners expressed interest in expanding the allowable parklet
boundaries. As a result, staff is proposing ordinance amendments to both chapters of the Hastings City Code
defining the ability to expand the footprint for parklets while maintaining an accessible walkway.
Additional amendments provide clarifying ordinance language around definitions and conditions for the
license. Staff mailed letters to license holders and the Downtown Business Association on January 24, 2025
and an updated letter on February 24, 2025.
Financial Impact:
N/A
Advisory Commission Discussion:
N/A
Council Committee Discussion:
N/A
Attachments:
• Second Reading Ordinance Amendment: Chapter 90.16 – Sidewalk Cafés
• Second Reading Ordinance Amendment: Chapter 90.17 – Parklets
X-E-02 (a,b)
Page 1
C ITY OF HA STIN GS
OR DIN AN CE N O. 2025-01
AN ORD INA NC E FOR T HE C IT Y OF HA STINGS, MINN ESOTA, A MEN DING
HASTIN GS C ITY CODE C HA PTE R S 90.16, R EGA R D ING SID EWALK CA FÉS
The City Council of the City of Hastings, D akota County, Minnesota, does hereby
ordain as follows:
SECTION 1: A MEND MEN T “90.16 Sidewalk C afes” of the H astings
Municipal Code is hereby am ended as follows:
A M E N D M E N T
90.16 Sidewalk C afes
A.Definition. For the purpose of this section, the follow ing definition shall apply unless
the context clearly indicates or requires a different meaning.
SIDE WA LK CA FÉ. A grouping of tables, chairs and related items located w holly or
partially within a public sidew alk or right-of-w ay for the purposes of service and
consumption of food and beverages by patrons, when located immediately adjacent to
a food and beverage service establishment having a common operator.
PATIO IG LOO . A heated, transparent structure made of plastic that is set up on a
patio for outdoor dining.
STA MPED CO NC RETE. A concrete surface that has been imprinted with a pattern
or texture to mimic other materials.
B.Sidew alk Cafés Authorized. Sidewalk cafés w ith or without service of alcohol may be
located on public sidew alks or right-of-ways subject to a license issued by the City
Council pursuant to this section.
C.General Requirem ents. Installation and operation of all sidewalk cafés are subject to
the follow ing requirements and sidew alk cafés serving intoxicating liquor, beer or
wine are additionally subject to the applicable requirements of Chapter 111.
1.N o person, business, or entity may place tables, chairs, or other related items
on a public sidewalk or right-of-way in conjunction w ith a food and beverage
establishment w ithout first obtaining a sidewalk café license from the City.
2.A license is not required under this chapter for a business to temporarily place
stands, racks, or tables on a public sidewalk or right-of-way to display their
goods or products during a community celebration authorized by the City.
3.Sidewalk cafés may only be installed and operated from during the hours of
X-E-02 (a,b)
Page 2
operation of the food service and beverage establishment provided that no
sidew alk café may be operated betw een the hours of 11:00 p.m. and 11:00
a.m. Tables, chairs, furnishings, planters, fences or other obstructions shall be
immediately removed from public sidewalks when the license holder is no
longer operating the Sidew alk Café due to changing seasons. Tables, chairs,
furnishing, planters, fences or other obstructions shall not impede snow
removal efforts. The City Council may further restrict the hours of operation
of a sidew alk café based upon the proximity to residential dw elling units, and
upon considerations relating to the safety, repose and w elfare of residents,
businesses and other uses near the establishment. Furniture and fixtures may
be stored overnight w ithin the sidew alk café area provided the licensee shall
ensure all items are stored and secured in a neat and orderly manner.
4.A ll sidew alk cafés must abut and be operated as part of the food service and
beverage establishment operated by the applicant and shall have delineated
limits separating the sidewalk café from the travelled portion of the sidew alk.
Sidewalk cafés serving intoxicating liquor, beer or w ine must have a visually
appealing and continuous barrier made of fencing or planters surrounding the
entire sidew alk café area w hich must be compact and contiguous with the
enclosed portion of the licensed premises. No licensee shall expand modify a
sidew alk café without first obtaining an amended sidewalk café license
covering the additional space.
5.O nly food or beverages for immediate consumption may be offered for sale
and no alcoholic beverages may be dispensed from w ithin the sidew alk café.
The licensee shall provide food service in all sidew alk café areas during all
hours of operation. Food service may consist of less than a full menu, but shall
at all times offer a substantial choice of main courses, other food items, and
non-alcoholic beverages. A n establishment that offers a regular menu to
customers with food items delivered from other local fgood service
establishments for purposes of this Chapter and those portions of Chapter 111
regulating sidewalk cafes provided that sidewalk café operations shall be
allow ed only during the times w hen food delivery if is offered. G lassw are
may be used in the service of food and beverages but only to the extent such
use does not create a safety hazard for patrons or the public in adjacent areas
and the licensee is responsible tofor the immediately removeremoval of any
broken glass from the premises.
6.N o licensee shall allow entertainment w ithin a sidew alk café, including non-
live entertainment such as radio, taped music and television unless the same is
expressly approved in w riting by the City Council and in no event shall noise
be generated that w ould unreasonably annoy or interfere w ith neighboring
property ow ners, or occupants, or the public.
7.N o sidew alk café may: (i) unduly restrict the safe usage of any roadw ay or the
sidew alk, or the right-of-way by the public after taking into consideration the
locations of obstructions, vehicular traffic and other impediments to the
passage of vehicles and pedestrians; (ii) be located w ithin ten (10) feet of any
traffic signal, crossw alk or pedestrian curb cut; or (iii) adjoin any premises
X-E-02 (a,b)
Page 3
other than the applicant’s food and beverage service establishment. A ll signs,
including sandwich boards, must comply w ith C hapter 155 and no signs may
be placed in a manner that w ould obstruct a pedestrian sidewalk the licensee is
otherw ise required to keep clear and unobstructed.
8.Fencing and planters shall be visually appealing and constructed of high-
quality, durable materials maintained in good condition and shall not be
permanently attached to the sidewalk or right-of-way. Fences and planters
shall not exceed three (3) feet in height provided live plants may extend to a
height of not more than six (6) feet, all as measured from the surface of the
sidew alk or right-of-w ay. Planters must include live plants and must be w ell
maintained at all times.
9.Sidewalk cafés shall be handicap accessible and shall be installed in a manner
complying w ith all AD A requirements and shall provide for a minimum of
four (4) feet of clear, unobstructed pedestrian w alkw ay betw een all
obstructions and the edge of the sidew alk café. Portions of the sidewalk that
contain stamped concrete shall not be included in the required minimum
w alkw ay. N o employee or server may obstruct pedestrian w alkw ays at any
time.
10.O peration of a sidew alk café must comply w ith all provisions of the
Minnesota C lean Indoor A ir A ct.
11.N o sidew alk café shall be installed or operated, and no license shall be issued,
for any location w here the same is prohibited by state or local law and the
ow nership, operation and maintenance of all sidewalk cafés shall be subject to
all applicable laws, ordinances and regulations.
12.The licensee shall maintain the sidew alk café in a clean and sanitary condition
and shall be responsible for the to removal ofe all trash and litter generated by
the operation of the sidew alk café w ithin a reasonable distance from the area.
The licensee shall be responsible for all costs of repairing any damage to the
sidew alk, right-of-way, or other public property caused by the use of the
sidew alk, right-of-way, or public property as a sidew alk café. If the City
Council approves any improvements to the sidewalk or right-of-way
necessary for the licensee to operate a sidewalk café, the costs of such
improvements plus any administrative costs shall be paid for in advance by the
licensee.
13.A ll sidew alk café licensees must at all times maintain commercial liability
insurance covering the licensed premises and the sidew alk café area w ith
minimum policy limits for bodily injury or death of not less than $1,000,000
per occurrence and $1,000,000 annual aggregate and for property damage of
not less than $50,000. Proof of the required liability insurance shall be in the
form of a certificate of insurance or some other form acceptable to the City
A ttorney and C ity C lerk. A ll liability insurance policies required herein shall
name the cCity as any additional insured and shall provide that there shall be
no cancellation of the policy for any cause, by the insured or by the insurance
company, w ithout first giving 10-days’ w ritten notice to the cC ity, addressed
to the C ity C lerk. O peration of a sidew alk café or liquor sales by a licensee
X-E-02 (a,b)
Page 4
w ithout required liability insurance coverage shall be grounds for immediate
suspension or revocation of the license. In addition, the licensee shall
indemnify and hold harmless the cCity, the cCity’s public officials, employees
and agents from any loss, costs, damages and expenses arising out of the use,
design, operation or maintenance of the sidew alk café. These insurance and
indemnification requirements shall be memorialized in a license agreement
signed by the licensee prior to the initial issuance of the sidew alk café license
and upon any renew al thereof,. but fFailure of the cCity and the licensee to
execute such a license agreement shall not alleviate the licensee of its
insurance and indemnification obligations hereunder.
14.The cCity shall retain the right to remove or cause to be removed, any tables,
chairs, furnishings, planters, fences or other obstructions from the sidew alk or
public right-of-w ay as necessary to access public utilities and facilities, during
community civic festivals, celebrations and other events, or if the cCity
reasonably determines any such item(s) or items create an unreasonable risk to
public health or safety. The cC ity shall endeavor to give reasonable advance
notice to the licensee that items need to be removed or relocated.
15.G as pow ered and heating fixtures are permitted w ithin sidewalk cafés but
shall require inspection by the City's Fire D epartment.
16.Sidewalk C afés shall not be installed prior to A pril 1 of each year unless
otherw ise approved by the City Administrator or his/her designee.
17.Sidewalk C afés shall be seasonal in nature and be removed by November 1 of
each year or w hen directed by the City A dministrator or his/her designee.
a.The City shall provide sidew alk café licensees with as much advance
notice as possible in the event an infrastructure emergency w ould
require the sidewalk café to be removed from City sidew alk or right-
of-w ay.
18.A licensee may request an extension of their sidewalk café to place patio
igloos during the w inter months. If authorized, the licensee shall be
responsible for all maintenance and snow removal.
D.License Applications.
1.A n applicant for a sidew alk café license shall file an application on forms
provided by the C ity C lerk w hich shall include, in addition to any other
information required by the City, the follow ing:
a.The business name, address, phone number and contact person.
b.A site plan of the proposed sidewalk café draw n to scale covering the
entire area between the curb and building showing locations of the
property lines, curbs, all streets in front of and adjacent to the
property, all sidewalk dimensions measured from the building face to
the back of the curb including the stamped concrete, all existing
facilities and obstructions w ithin the right-of-w ay, the proposed
location of all sidew alk café fixtures, including but not limited to
tables, chairs, umbrellas, planters, fences, barricades, lighting, patio
igloos, and heaters, and the proposed limits of the sidew alk café.
c.Photographs and manufacturer specifications for all proposed
X-E-02 (a,b)
Page 5
sidew alk café furniture and fixtures.
d.Description and locations of any sound, television or video systems
proposed for the sidew alk café.
e.Description of all food and beverages that w ill be served within the
sidew alk café and the proposed hours of operation.
f.Description of all points of access betw een the building and the
sidew alk café and exterior areas.
g.Description of ingress and egress arrangements including those
necessary to provide handicap accessibility and control of persons
entering and leaving the premises to prevent consumption of alcohol
by minors and to ensure safety of moveable seating arrangements.
h.Description of all physical improvements to be constructed to
accommodate the sidew alk café.
i.An insurance commitment or binder securing all insurance coverage
required under this chapter, and C hapter 111, if applicable, on the
sidew alk café areas and meeting all requirements for naming the cCity
as an additional insured.
j.Any other information know n to the applicant that may reasonably
impact the issuance of the license including but not limited to
objections to the proposed sidew alk café raised by neighboring
property ow ners or the public, obstructions or other factors that may
interfere with pedestrian travel on the affected sidew alk or right-of-
way area, or conditions that may impact public health or safety if the
sidew alk café license is issued.
2.U pon submission of a complete application the City Clerk shall place the
application upon the agenda of the next available City C ouncil meeting for
w hich proper notice as required by this section can be given. A public hearing
on the application shall be required for all initial sidew alk café applications, all
subsequent applications proposing modifications to a sidew alk café site plan,
and whenever the City determines a public hearing is necessary to determine
w hether the criteria for granting a sidew alk café license are satisfied. When
applicable, the C ity C lerk shall cause notice of the public hearing to be given
in the same manner as prescribed for special use permits.
E.Granting Of License. Follow ing the required public hearing, if any, the C ity Council
may grant or deny the license or refer the matter to any commission or committee for
further study.
F.Criteria For Issuance And Renew al. N o sidew alk café license may be issued or
renew ed if the results of the investigation or other evidence given to the City Council
through any means, shows to the satisfaction of the Council, that the issuance or
renew al would not be in the public’s interest. The C ouncil shall make written findings,
certifying the sidewalk café w ill comply with the follow ing criteria.
1.The design and operation satisfy the applicable requirements of this chapter
and will be in harmony w ith the purpose and intent of C hapter 155 and all
rules applicable in any H eritage Preservation D istrict w ithin which the
X-E-02 (a,b)
Page 6
sidew alk café is located.
2.The design and operation will not unreasonably interfere w ith or annoy users
of neighboring residential, commercial or public property.
3.The design and operation will not unreasonably interfere w ith pedestrian or
vehicular traffic or access to any public street, utility or other facilities.
4.Where liquor, wine or beer w ill be served, the licensed premises is compact
and contiguous with the premises licensed under Chapter 111 and the design
and operation will safeguard against consumption of alcohol by minors.
G.Conditions O f License. Every license issued pursuant to this chapter shall be subject to
the conditions of this section and all other sections of this chapter and any other
applicable ordinance of the cCity, state law, or federal law, and shall include the
follow ing conditions.
1.Posting. The license shall be posted in a conspicuous place in the licensed
establishment at all times.
2.A dditional conditions. The City Council may, upon a finding of necessity,
place the conditions and restrictions upon the license as it the City Council, at
its discretion, may deem reasonable and justified to protect the public interest.
3.Licenses limited to certain areas. A ll fixtures shall be placed, and all
operations conducted, w ithin the space described on the license.
4.Inspection by peace officers or health officers. A ll sidew alk cafés shall be
subject to annual compliance inspections and no licensee or employee of a
licensee shall hinder or prevent a peace officer, health officer, building official,
fire official, or any other employee so designated by the City Council or City
A dministrator from entering upon and inspecting the licensed premises during
business hours, without a search w arrant.
5.Responsibility of licensee. Every licensee, w hether actually present on the
licensed premises or not, shall be responsible for the conduct of the licensed
premises and shall maintain conditions of sobriety and order on the licensed
premises.
6.Payment of WA C and SA C. Licensees shall pay all additional WA C and SA C
imposed as a result of additional seating offered w ithin a sidew alk café.
H.Transfer O f License. N o license issued pursuant to this chapter shall be transferrable to
another person or entity nor may any such license be transferred to a different location.
I.Expiration Of License. Every license issued under this chapter shall expire on
December 31st of each year, regardless of w hen the license was issued.
J.Suspension O r Revocation O f License. The City Council may suspend, revoke or
deny renewal of any sidewalk café license, upon the violation of any license condition
or of any provision or condition of this chapter, any other cC ity ordinance, or of any
state or federal law. Before the Council shall suspend or revoke any license issued
under this chapter, the licensee shall be given at least 10-days’ notice stating the time
and place of the hearing and the charges against the licensee.
X-E-02 (a,b)
Page 7
SECTION 2: SU MMA RY PU BLICATIO N. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the follow ing summary
is approved by the City C ouncil and shall be published in lieu of publishing the entire
ordinance. The text amendment adopted by the Hastings C ity C ouncil on
_________________, 2025 amends the C ity O rdinance to allow the City to regulate Sidewalk
Cafés.
SECTION 3: EFFECTIV E D ATE. This ordinance shall be in full force and effect
from and after its passage and publication according to law. Passed this _____ day of
_______________, 2025.
PA SSED A ND A DO PTED BY THE C ITY O F H ASTIN GS CO UN CIL
_______________________________.
A t t e s t
Mary D . Fasbender, Mayor, City of
H astings
Kelly Murtaugh, C ity C lerk, City of
Hastings
X-E-02 (a,b)
Page 1
C ITY OF HA STIN GS
OR DIN AN CE N O. 2025-02
AN ORD INA NC E FOR T HE C IT Y OF HA STINGS, MINN ESOTA, A MEN DING
HA ST IN GS CIT Y C OD E CHAPTER S 90.17, REGA RD IN G PA R KLETS
The City Council of the City of Hastings, D akota County, Minnesota, does hereby
ordain as follows:
SECTION 1: A MEND MEN T “90.17 Parklets” of the H astings Municipal
Code is hereby amended as follow s:
A M E N D M E N T
90.17 Parklets
A.Definition. For the purposes of this section, the following definition shall apply unless
the context clearly indicates or requires a different meaning.
PARKLET. A n area for commercial business activities, w hich may include food and
beverage services, utilizing on-street parking spaces w ithin City right-of-way, and
located adjacent to a commercial establishment having a common operator. Parklets
are distinct and separate from Sidewalk C afes as regulated under C hapter 90.16.
STA MPED CO NC RETE. A concrete surface that has been imprinted with a pattern
or texture to mimic other materials.
B.Parklets Authorized. Parklets w ith or w ithout service of alcohol may be located within
a public right of way subject to a license issued by the City of Hastings pursuant to this
section.
C.General Requirem ents. Installation and operation of all parklets are subject to the
follow ing requirements and parklets serving intoxicating liquor, beer or w ine are
additionally subject to the applicable requirements of Chapter 111.
1.Parklets may only be operated during the hours of operation of the food and
beverage service establishment provided that no Pparklet may be operated
between the hours of 11:00 p.m. and 11:00 a.m. The City Council may further
restrict or expand the hours of operation of a parklet based upon the proximity
to residential dwelling units, and upon considerations relating to the safety,
repose and w elfare of residents, businesses and other uses near the
establishment. Furniture and fixtures may be stored overnight w ithin the
parklet provided the licensee shall ensure all items are stored and secured in a
neat and orderly manner.
2.A ll parklets shall have a visually appealing and continuous barrier made of
fencing or planters surrounding the street and parking sides of the parklet area
w hich must be compact and contiguous w ith the enclosed portion of the
X-E-02 (a,b)
Page 2
licensed premises. Licensees may request to expand their a parklet onto the
stamped concrete portion of the adjacent sidewalk. No licensee shall expand a
parklet w ithout first obtaining an amended parklet license covering the
additional space. If a licensee requests to expand their parklet onto the
stamped concrete portion of the sidewalk, the business shall not be permitted
to obtain a sidew alk café license in conjunction w ith the parklet license unless
the applicant is able to comply with all A DA requirements to provide for a
minimum of four (4) feet of clear unobstructed pedestrian walkway.
3.O nly food or beverages for immediate consumption may be offered for sale
and no alcoholic beverages may be dispensed from w ithin the parklet. The
licensee shall provide food service in all parklet areas during all hours of
operation. Food service may consist of less than a full menu, but shall at all
times offer a substantial choice of main courses, other food items, and non-
alcoholic beverages. An establishment that offers a regular menu to customers
w ith food items delivered from other local gfood service establishments for
purposes of this C hapter and those portions of Chapter 111 regulating parklets
provided that parklet operations shall be allow ed only during the times w hen
food delivery if is offered. G lassware may be used in the service of food and
beverages but only to the extent such use does not create a safety hazard for
patrons or the public in adjacent areas and the licensee is responsible to for the
immediately removal ofe any broken glass from the premisesparklet.
4.N on-live entertainment such as radio, recorded music and television is only
permitted w ithin a parklet if it is expressly requested and approved by the City
Council at the time of Pparklet Llicense issuance and if approved shall not
generate noise that w ould unreasonably annoy or interfere w ith neighboring
property ow ners, or occupants, or the public.
5.Live entertainment shall be permitted w ithin parklets so long as sound does
not generate noise that w ould unreasonably annoy or interfere w ith
neighboring property ow ners, or occupants, or the public.
6.O peration of a parklet must comply with all provisions of the Minnesota Clean
Indoor A ir A ct.
7.N o parklet shall be installed or operated, and no license shall be issued, for
any location w here the same a parklet is prohibited by state or local law . and t
The ow nership, operation and maintenance of all parklets shall be subject to
all applicable laws, ordinances and regulations.
8.The Pparklet Llicensee shall maintain the Pparklet in a clean and sanitary
condition and shall be responsible for theto removal ofe all trash and litter
generated by the operation of the parklet. Trash and litter removed from the
parklet shall be disposed of w ithin a reasonable distance from the area parklet
each day. The Licensee shall be responsible for all costs of repairing any
damage to the roadw ay, sidewalk or other public property caused by the use
of the parklet.
9.A ll Parklet Licensees must at all times maintain commercial liability insurance
covering the licensed premises and the parklet area with minimum policy
limits for bodily injury or death of not less than $1,500,000 per occurrence
X-E-02 (a,b)
Page 3
and $1,500,000 annual aggregate.
a.Proof of the required liability insurance shall be in the form of a
certificate of insurance or some other form acceptable to the C ity
Attorney and City Clerk.
b.All liability insurance policies required herein shall name the cCity as
any additional insured and shall provide that there shall be no
cancellation of the policy for any cause, by the insured or by the
insurance company, w ithout first giving 10-days’ written notice to the
cCity, addressed to the C ity Clerk.
c.Operation of a parklet by a Licensees without required liability
insurance coverage shall be grounds for immediate suspension or
revocation of the parklet permit license.
d.The Licensees shall indemnify and hold harmless the cCity, the
cCity’s public officials, employees and agents from any loss, costs,
damages and expenses arising out of the use, design, operation or
maintenance of the parklet.
e.These insurance and indemnification requirements shall be
memorialized in a license agreement signed by the lLicensee prior to
the initial issuance of the Pparklet license and upon any renew al
thereof., but fFailure of the cCity and the lLicensee to execute such a
license agreement shall not alleviate the lLicensee of its insurance and
indemnification obligations hereunder.
10.Parklets located w ithin public parking lots or on streets with parallel parking,
shall have a fourteen (14) foot setback to be measured from the centerline of
the roadway.
11.Parklets located on streets w ith non-parallel parking shall have an eighteen
(18) foot setback measured from the centerline of the roadway.
12.Parklets shall have a one-foot interior setback from the edge of any adjacent
parking stall w here the parklet is to be placed.
13.The exterior sidewalls of a Pparklet shall consist of planters, railing, cabling,
or some other appropriate buffer approved by City Staff.
14.The outside edge and railings of the parklet must not create a visual buffer that
inhibits sightlines for motorists or pedestrians. In general, parklets should be
placed at least one parking space from corners. Parklets located adjacent to
curb bump-outs may allow for closer placement.
15.Parklets shall provide for a minimum of four (4) feet of clear, unobstructed
pedestrian walkway betw een all obstructions and the edge of the parklet.
Portions of the parklet that contain stamped concrete shall not be included in
the required minimum w alkw ay.
16.Parklets shall not occupy handicapped parking stalls.
17.Parklets shall not be installed prior to April 1st of each year unless otherwise
approved by the City A dministrator or his/her designee.
18.Parklets shall be seasonal in nature and be removed by November 1st of each
year or w hen directed by the City A dministrator or his/her designee.
a.The City shall provide parklet users licensees with as much advance
X-E-02 (a,b)
Page 4
notice as possible in the event of an infrastructure emergency that
would require the parklet to be removed from a City right of way.
D.Planning Requirements.
1.Parklets shall only be allow ed w ithin the C-3 C ommunity R egional
Commerce and DC D owntown Core Zoning D istricts.
2.Parklets may occupy up to tw o (2) public parking spaces if the parklet is
constructed at an angle to coincide w ith angular parking, or up to three (3)
public parking spaces if the parklet is constructed so that it is square to the
curb. Requests for additional public parking spaces may be considered based
on its impact to immediately adjacent businesses and the amount of street
frontage of the business requesting the parklet.
3.The height of the outside barrier shall be no less than 30 inches and no greater
than 42 inches as measured on the street side. Parklet columns or structures
exceeding 42 inches must not impair visibility for ingress and egress of
vehicles. The outside barrier material shall not consist of chain-link fencing.
4.A minimum overhead clearance of 96 inches must be provided for any parklet
that includes a canopy (or similar element) in order to avoid creating a visual
barrier and to provide adequate clearance for people. N o canopy may be
attached to the principal structure.
5.Signage shall not be permitted to be placed onto a parklet.
6.Parklets must incorporate landscape elements w hich may include planter
boxes, hanging planters, green walls, raised beds, or similar features.
7.Lighting is allow ed w ithin parklets. Self-contained low -voltage systems, such
as solar or battery-powered lights are recommended. Lighting must be directed
onto the Pparklet so as not to negatively impact surrounding areas.
E.Engineering Requirem ents.
1.Parklet shall not block curb line stormw ater drainage, catch basins, fire
hydrants, drivew ays, manholes, or public or private utility valves/covers.
2.In no case shall any portion of the parklet, or any furniture placed upon it,
obstruct the view of a traffic control device.
3.Parklets shall only be installed on streets w ith a grade no greater than 5
percent.
4.Curb Interface:
a.Parklet design shall allow for stormwater flow and drainage along the
curb.
b.The maximum horizontal gap betw een the curb and the parklet
surface shall be 1/2 inch w here ingress/egress for the parklet is
located.
c.The maximum vertical gap shall be 1/4 inch betw een the curb and
parklet surface where ingress/egress for the parklet is located.
d.The parklet must maintain and accessible connection to the curb to
meet the A mericans w ith D isability A ct (A DA ) requirements.
F.Building C ode Requirem ents.
1.Parklets shall comply with Minnesota State Building C ode.
2.Parklets must be designed for A D A / MN A ccessibility Code compliance.
X-E-02 (a,b)
Page 5
3.A lthough parklets are not required by this ordinance to be on a free-standing
structure, if a parklet consisting of a freestanding structure w hich rests on the
street surface or curb is proposed, it shall adhere to all applicable zoning,
building, and accessibility codes. No features or structural components may be
permanently attached to the street, curb, or adjacent planting strip. If anchoring
of structure is needed per MN State Building C ode, an alternative design w ill
be needed to suffice code requirements.
4.G as pow ered and heating feature are permitted within parklets but shall
require inspection by the C ity’s fire department.
G.License Applications.
1.A n applicant for a parklet license shall file an application on forms provided
by the City Clerk w hich shall include, in addition to any other information
required by the City, the follow ing:
a.The business name, address, phone number and contact person.
b.Parklet Design Building Plans.
2.Building plans of a proposed parklet structure must demonstrating demonstrate
compliance with Minnesota State Building Code as w ell as
A DA /A ccessibility requirements.
a.Parklet Site Plan:
(1)Location on the street.
(2)Street and sidewalk utilities (i.e. manholes, catch basins, etc.).
(3)Street poles and signs.
(4)Fire hydrants and Fire D epartment connections on adjacent
buildings.
(5)Existing Location of Street furniture (litter trash cans,
benches, etc.).
(6)Street trees and tree grates.
(7)Parklet dimensions.
(8)Parklet materials and details as necessary.
(9)Materials, design elements, or other proposed parklet features.
(10)Information listed above to include stamped concrete portion
of the sidew alk (if requested).
b.Photographs and manufacturer specifications for all proposed parklet
furniture and fixtures.
c.Description and locations of any sound, television or video systems
proposed for the parklet.
d.Description of all food and beverages that w ill be served within the
parklet and the proposed hours of operation.
e.Description of all points of access betw een the building, and the
parklet, and exterior areas.
f.Description of ingress and egress arrangements including those
necessary to provide handicap accessibility and control of persons
entering and leaving the premises to prevent consumption of alcohol
by minors and to ensure safety of moveable seating arrangements.
X-E-02 (a,b)
Page 6
g.Description of all physical improvements to be constructed to
accommodate the parklet.
h.An insurance commitment or binder securing all insurance coverage
required under this chapter and Chapter 111, if applicable, on the
parklet areas and meeting all requirements for naming the cC ity as an
additional insured.
i.Any other information know n to the applicant that may reasonably
impact the issuance of the license including but not limited to
objections to the proposed parklet raised by neighboring property
owners or the public, obstructions or other factors or conditions that
may impact public health or safety if the parklet license is issued.
3.U pon submission of a complete application the City Administrator or designee
shall place the application upon the agenda of the next available City Council
meeting for which proper notice as required by this section can be given. A
public hearing on the application shall be required for all initial parklet
applications., A public hearing may be required for all subsequent applications
proposing modifications to a parklet site plan, and w henever the C ity
determines a public hearing is necessary to determine whether the criteria for
granting a parklet license are satisfied. When applicable, the City
A dministrator or designee shall cause notice of the public hearing to be given
in the same manner as prescribed for special use permits.
4.G ranting of license. Follow ing the required public hearing, if any, the City
Council may grant or deny the license or refer the matter to any commission or
committee for further study.
5.Criteria for issuance and renew al. N o parklet license may be issued or
renewed if the results of the investigation or other evidence given to the City
Council through any means, shows to the satisfaction of the Council, that the
issuance or renew al w ould not be in the public’s interest. The Council shall
make w ritten findings, certifying the parklet w ill comply w ith the following
criteria.
a.The design and operation plans satisfy the applicable requirements of
this chapter and will be in harmony w ith the purpose and intent of
Chapter 155, all rules applicable in any H eritage Preservation District
within w hich the parklet is located, and general conformity with the
neighborhood.
b.The design and operation w ill not unreasonably interfere with or
annoy users of neighboring residential, commercial or public property.
c.The design and operation w ill not unreasonably interfere with
pedestrian or vehicular traffic or access to any public street, utility or
other facilities.
d.Where liquor, w ine or beer w ill be served, the licensed premises is
compact and contiguous w ith the premises licensed under Chapter 111
and the design and operation w ill safeguard against consumption of
alcohol by minors.
6.Conditions of license. Every license issued pursuant to this chapter shall be
X-E-02 (a,b)
Page 7
subject to the conditions of this section and all other sections of this chapter
and any other applicable ordinance of the cC ity, state law, or federal law, and
shall include the follow ing conditions.
a.Posting. The license shall be posted in a conspicuous place in the
licensed establishment at all times.
b.Additional conditions. The Council may, upon a finding of necessity,
place the additional conditions and restrictions upon the license as it
the City Council, at its discretion, may deem reasonable and justified
to protect the public interest.
c.Licenses limited to certain areas. All fixtures shall be placed, and all
operations conducted, within the space described on the license.
d.Inspection by peace officers or health officers. All parklets shall be
subject to annual compliance inspections and no lLicensee or
employee of a lLicensee shall hinder or prevent a peace officer, health
officer, building official, fire official, or any other employee so
designated by the C ity Council or City Administrator, from entering
upon and inspecting the licensed premises during business hours,
without a search w arrant.
e.Responsibility of lLicensee. Every lLicensee, w hether actually present
on the licensed premises or not, shall be responsible for the conduct of
the licensed premises and shall maintain conditions of sobriety and
order on the licensed premises.
f.Payment of WA C and SAC. Licensees shall pay any applicable WA C
and SA C imposed as a result of additional seating offered within a
parklet.
7.Transfer of license. No license issued pursuant to this chapter shall be
transferrable to another person or entity nor may any such license be
transferred to a different location.
8.Expiration of license. Every license issued under this chapter shall expire on
D ecember 31st of each year, regardless of when the license w as issued.
9.Suspension or revocation of license. The City Council may suspend, revoke
or deny a parklet license, or the renewal of any parklet license, upon the
violation of any license condition or of any provision or condition of this
chapter, any other cCity ordinance, or of any state or federal law. Before the
Council shall suspend or revoke any license issued under this chapter, the
lLicensee shall be given at least 10-days’ notice stating the time and place of
the hearing and the allegations charges against the lLicensee.
X-E-02 (a,b)
Page 8
SECTION 2: SU MMA RY PU BLICATIO N. Pursuant to Minnesota Statutes Section
412.191, in the case of a lengthy ordinance, a summary may be published. While a copy of the
entire ordinance is available without cost at the office of the City Clerk, the follow ing summary
is approved by the City C ouncil and shall be published in lieu of publishing the entire
ordinance. The text amendment adopted by the Hastings C ity C ouncil on
_________________, 2025 amends the C ity O rdinance to allow the City to regulate Parklets.
SECTION 3: EFFECTIV E D ATE. This ordinance shall be in full force and effect
from and after its passage and publication according to law. Passed this _____ day of
_______________, 2025.
PA SSED A ND A DO PTED BY THE C ITY O F H ASTIN GS CO UN CIL
_______________________________.
A t t e s t
Mary D . Fasbender, Mayor, City of
H astings
Kelly Murtaugh, C ity C lerk, City of
Hastings
X-E-02 (a,b)